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HomeMy WebLinkAboutCC November 7, 1989 11/06/89 11:49 FAX 612 546 1552 LRA LgJ vu;: o If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. WAIVER 6.6 If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it sball be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof witbin the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspenSion, demotion, or discharge of an employee who bas completed the required probationary periOd, the grievance may -8- o 11/06/89 ll: 411 r.AA Ill': 041l 100': J.,.l{i\. ~VVv o be appealed either to Step 4 of ARTICLE VI or a procedure such as; Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of ARTICLE VI the grievance is not subject to the arbitration procedure as provided in Step 4 of ARTICLE VI. The aggrieved employee shall indicate in writing which procedure is to be utilized -- Step 4 of ARTICLE VI or another appeal procedure -- and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of ARTICLE VI. ARTICLE VII DEFINITIONS 7.1 UNION: Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. EMPLOYER: City of Andover. UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining 7.2 7.3 unit. 7.5 BASE PAY RATE: The employee's hourly pay rate eXClusive of longevity or any other special allowance. 7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. Employees who are promoted from a job classification covered c:> by this AGREEMENT and return to a jOb classification Covered -9- 11/06/89 . 11: 5U t'!!.", Ill;: ::HIO .100;: . L!\" o 15.3 The EMPLOYER shall prepare and post a seniority list each year by January 20th. The UNION shall receive. a copy of the list. 15.4 Vacation periods shall be selected on the basis of seniority until April 15th of each calendar year. The number of employees allowed off on vacatiOn shall be determined ~olely by the EMPLOYER. ARTICLE XVI PROBATIONARY PERIODS 16.1 Ail newlY hired or rehired employees will serve a six (6) months' probationary period. 16.2 All employees will serve a six (6) months' probationary periOd in any job classification in which tbe employee has not served a probationary period. 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of tbe EMPLOYER. 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's preVious position at the sole discretion of the EMPLOYER. ARTICLE XVII SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to c:> encourage employees to work in a safe manner. -14- .L.J./VU/QO .1..1..oJV ,l'l),,a. V..L6. V~V ....VV6. c:> ARTICLE XVIII JOB POSTING: TRANSFERS AND PROMOTIONS 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 have the ability to perform the duties and responsi- bilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be Subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD). 18.3 Tbe EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies witbin the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. o ARTICLE XIX INSU~~CE 19.1 The EMPLOYER will contribute up to a maximum of one hundred eighty dollars ($180.00) per month per full-time employee for group health and life insurance including dependent coverage. 19.2 Employees not Choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance other than the individual group healtb and g~oup life insurance. -15- ~~/UO/G~ ii;~i l'l1A O.l.,t;;; OJ'!O J.;Ji.)"';' .L.1'\.!''1 o 19.3 Additional life insurance can be purchased by employees at the employee's e~pense to the extent allowed under the EMPLOYER'S group policy. Permanent part-time employees who are regularly scheduled to work twenty (20) hours or more per week will receive pro- rata benefits under this ARTICLE. ARTICLE XX EMPLOYEE BENEFITS 20.1 Employees will receive benefits as outlined in the EMPLOYERS Personnel Policies. ARTICLE XXI WAIVER 21.1 Any and all propr agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent witb the provisions of this AGREEMENT, are hereby superseded. 21.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each bad the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly -16- o o o 11/06/89 11: 51 FAX 612 546 1552 LRA 141007 waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of - employment not specifically referred to or covered by this AGREEMENT, even tbough such t~ms or Conditions may not bave been within tbe knowledge Or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXII DURATION This AGREEMENT sball be effective as of January 1, 1989 and shall remain in full force and effect until the 31st day of December, 1989. IN WITNESS WHEREOF, the parties hereto haVe executed this AGREEMENT On this day of 198 . CITY OF ANDOVER MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES LOCAL NO. 320 -17- o o 11/06/89 11:51 FAX 612 546 1552 lIn008 LRA APPENDIX A HOURLY WAGE RATES 1989 1. Lead Person: Start Top $12.50/hr. $14.25/hr. Employees classified as Lead Persons will be paid between the start and top rate based on s~ch factors as employee performance and longevity. The rate to be determined solely by the Employer. Maintenance Worker: Start Top $ 8.50/hr. $12.50/hr. Employees classified as Maintenance Worker will be paid between the start and top rate based on such factors as employee performance and longevity. The rate to be solely deter- mined by the Employer. 2. Weekend Duty: The EMPLOYER shall pay any employee req~ired by the EMPLOYER to perform daily checks aD Saturday and Sunday or Holidays two hours overtime pay at the top pay rate stated in tbe Agreement for eacb day so scheduled. DATE: November 7, 1989 o ITEMS GIVEN TO THE CITY COUNCIL Letter from John Davidson, TKDA (10/20/89) Letter from John Davidson, TKDA (10/18/89) Notice from Paul M. Williams Letter from Tim Yantos, Anoka County (10/26/89) Letter from David Kennedy & James Holmes; Holmes & Graven Letter from Barbara zabel (10/19/89) Letter from Francis wingert Park & Recreation Minutes (10/5/89) Planning & Zoning Minutes (10/10/89) Planning & Zoning Minutes (10/12/89) HRA Minutes (10/17/89) City Council Minutes (10/17/89) Park & Recreation Minutes (10/19/89) Planning & zoning Commission Minutes (10~24-89) Letter from Sheriff Wilkinson (10-30-89) Special City Council Minutes (10-19-89) PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. o ~ (C~ Ifj7/Y9 o /IT7JJc.I; /0 ff~1 ,-h-. _ 8"1->8 / ~"'-I 14159 Crosstown Blvd., N.W. Andover, Minnesota 55304 October 20, 1989 Mr. James Schrantz Public Works Director/City Engineer City of Andover 1685 Crosstown Blvd., N.W. Andover, Miru~. 55304 Dear Mr. Schrantz: The meeting held last nite, Oct. 19, 1989 concerning assessments for the storm drainage system raised two questi'ons T wish to offer for your consideration: 1. During the 31 years my wife & I have lived here there was no need for a storm drainage system for our property (0007. in Project, 87-3B) & for Crosstown, Blvd., prior to the developments that have been_added adjacent to Crosstown Blvd. Therefore, why should we be asked to pay for something we had & still have no need for? 2., The map of Projectl87-3B indicates that between 25 & 30% of our property is benefited by the storm, drain- age system. "Right-of-WayjEasement Acquisition" Comm.. N:o. 8179-B from TKDA dated June" 1987 indicates "Total Parcel Acreage After - 1.82 acres. Yet" our assessment is based on 1 acre of benefits. How come? Your considerat~on of these concerns will be great- ly appreciated. Sincerely, ~i'~< iJk?~vJ I Franc~s wingert V cc: Mayor Jim Elling 'R'~ E C trv Ell OCT 2 3 1989 U o CITY OF ANDOVER o o ,; operations Manager Cable TV North Central 934 Woodhi11 Drive Rosevi1le, MN 55113 Dear Sir: ~ CC- iP!;/87 October 19, 1989 It has been 5 years since we moved into our new home in Andover and equally that long I have been trying to purchase Cable TV service. Over these past 5 years my neighborhood has grown considerably with new housing, and still we are not able to get Cable TV service. I would think it would be in North Central's best interest to provide service for this area, as the explosive growth in Andover can only mean extensive revenue for your company. It is most discriminatory to me that other c10seby "isolated housing" areas have service and we are unable to take part. Please advise at your earliest convenience when we can expect to hook up with North Central Cable TV. Sincerely, '!!;:!a;*ak( 20~ - 166th Avenue NW Andover, MN 55304 home 434-6523 work 379-5157 cc: . Andover city Hall [)ECnVE,l n OCT 2 3 1989 U CITY OF .ANDOVER t G Il1/t9 HOLMES & GRAVEN CHARTERED o 470 Pillsbury Center. Minneapolis. Minnesota 55402 (612) 337-9300 LeFEVERE, LEFLER, KENNEDY. O'BRIEN & DRAWZ A PROFESSIONAL ASSOCIATION We would like to announce to you that, effective November 1,1989, the municipal law and public finance group at LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, will be joining Holmes & Graven, Chartered in their offices at 470 Pillsbury Center in Minneapolis. Weare certain that this combination of talent, experience and expertise in the area of local government law and finance will bring a new dimension to the quality legal services the two firms have provided to Minnesota cities, counties and other governmental entities over the past many years. F or those of you that the LeF evere firm has served as bond counsel and in other specialized areas for so long, we want you to know that Dave Kennedy will be bringing with him to Holmes & Graven the other attorneys and legal assistants who have worked with him including Jim Thomson, Corrine Heine, Mary Frances Skala, and Steve Bubul. We know that the combination of those resources with those of Jim Holmes, Stefanie Galey, Chris Chale, Bob Deike and the other Holmes & Graven specialists in public finance, redevelopment and tax increment financing will give the firm a breadth of qualifications in these areas unmatched by any other law firm. The firm will also be serving as City Attorney for several suburban municipalities and as special counsel to numerous other governmental entities throughout the- state and the metropolitan region. We're very excited about the merger of the practices and the enhanced capability of services to our clients that it makes possible. We want you to know how much we appreciate and value the long relationships our firms have had with so many of our local government clients, and we look forward to continuing that relationship for many years to come. We would appreciate your sharing the announcement with the governing body of your governmental unit. o '~~ cc- t/ , -/0/~7' COUNTY OF ANOKA Office of the County Board of Commissioners .:5f:::- I~'-(?t COURTHOUSE ANOKA, MINNESOTA 55303 612-421-4760 October 26, 1989 R ~~ ~]:9frr Mr. James E. Schrantz Administrator, City of Andover 1685 Crosstown Blvd. NW. Andover, MN 55304 CITY OF ANDOVER Dear Mr. Schrantz: This letter is to inform you that the Anoka County Board of Commissioners at the most recent meeting of Tuesday, October 24, 1989, took the following action: 1. Temporarily suspended the operation of the Anoka County Law Enforcement Firing Range located East of Hanson Blvd. and South of County Road 116 until a structure can be in place to ensure the safety of the residents of the area. 2. Allocated up to $10,000 from the Building Fund for an engineering consultant to consider and recommend safeguards for the rifle range with mitigating noise to be part of the study. 3. Authorized staff to investigate establishing a user fee for use of the range with recommendation by the Joint Law Enforcement Council as to fees to reimburse the Building Fund for construction costs and to offset operational expenses, if it is concluded operation of the range is safe. Should you have any questions regarding these matters, please do not hesitate to contact me. Sincerely, ~ \ ~ '1 ~----- Tim Yantos Deputy County Administrator TY:db o Affirmative Action / Equal Opportunity Employer '-'~"'.>1 PLEASE TAKE NOTICE: To c-C If 7/~ R' E -ElvEr r.cT 3 0 1989 U o - CITY OF ANDOVER THE COON CREEK WATERSHED DISTRICT BOARD OF MANAGERS proposes to add the following regional ponds as amendments to the Capital Improvement Program included in its Comprehensive Management Plan: Central Avenue Acres Pond Olympic Glen Pond Old Colony Estates Pond (Blaine) (Blaine) (Blaine) The Board of Managers will conduct a public hearing on the proposed amendments on: November 27, 1989 7:00 p.m. Room "c" Bunker Hills Activities Center Paul M. Williams Secretary o .. 'J:KDA T.OL TZ, KING, DUVALL, ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL MINNESOTA 55101.1893 612/292.4400 FAX 612/292-0083 October 18, 1989 Honorabl e Mayor and Ciiy Counci I Andover, MI nnesota Re: Andover, Mi nnesota Commission' No. 9140-989 Dear Mayor and Council: The following are engineering matters discussed at a Regular Andover City Council Meeting held October 17, 1989: 1. .Qommercl.filJ'B.rJL.E'on.d (89-24). Commlssl.9JJ No. 8840-04. Feasi b~ Re,pg.r:i Mr. Dav Idson di d rfN iew the Feasi bll iiy Report dated October 17, 1989 for the above referenced project. Alternatives to both construction and assessments were dl scussed as foil OtIs: A. Com pi ete construction as proposed with assessment to Hidden Creek East 2nd Addition, City Commercial Park Fund and a def iciency for future develoJ)1lent. A hearing Is required. B. Phased construction to construct only Hidden Creek East 2nd Addition and Ciiy Commercial Park Funds. Expanded (phased) construction would progress as additional develoJ)1lent and assessable area is created. No hearing Is required with a waiver of hearing for Hidden Creek East 2nd Addition. The iwo alternatives would provide storm sewer storage and outfall for lateral storm sewers In the area. As such, the construction Is consi dered Trunk Storm Sewer Benef it. A recommendation of $0.04 per square foot or $1,740.00 per acre Is recommended over the assessable area. Tax Increment financing funds could be used to satisfy benefits of tributary flOtl fran the Commercial Park. .QQyndL.&;:I:l.Qru The Council approved a resol ution orderl ng the Feasl bllliy Report for CI ty ProJ ect 89-24. o The Council approved a resol utlon receiving the report and cal ling for a public hearing on November 14,1989. The hearlngwtll be called for (Good Val ue Hanes) Hidden Creek East .;?nd Addition, for an assessabl e benef it of $17,500. . . o Honorabl e Mayor and Cliy Council Andover, MI nnesota October 18, 1989 Page Two The Cliy staff and Engl neer shall rev lew the dral nage outfall for Lot 1, Block 3, Andover Commercial Park. Should the developer waive the hearing requirements, TKDA and Associates shall prepare construction plans and specifications for rfNlew and approval. 2. Hidden CLeek Ea.sUlld Addition, Cliy Project 89-17, Commission 9561 The Council, by resol uti on, rece lved the report of bl d openl ng for the above described project and awarded the contract to Arcon Construction Company, Inc., for the 10iI bid of $234,273.26. 3. .change Qrder No.1 for Water Tower No.2, Cliy ProJect 88-35, Comm I ssl on No. 9368 The Council approved Change Order No. 1 for the above descrl bed project I n the amount of $2,888.00. The Engl neer was excused at 9 :45 PM. Sincerely yours, .~~ ~hn L. Dav idson, P. E. JLD:j o 1:KDA TOL TZ. KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101-1893 612/292-4400 FAX 61 2/292-0083 October 20, 1989 Honorabl e Mayor and Cliy Council CI ty of Andover, MI nnesota 1685 CrosstQtl n B oul evard NW Andover, MI nnesota 55304 Re: Council Meeting and Special Hearing October 1 9, 1989 Cliy of Andover, MI nnesota Honorabl e Mayor and Council Members: The follQtllng are engineering matters discussed and action taken at a Special Council Meeting and Public Hearing held Thursday, October 19, 1989. A. Crosst2l!:.n....!k!ul evard Storm Sewer - 87-3: The public hearl ng for the above named Improvanents was held at 7:30 P.M. 1. Pur~ of Improvements Mr. Davidson Introduced the project and purpose of the hearing. Principal cost of the Improvanents to each parcel within the trl butary dral nage area was made avail abl e. 2. ~rlptlon of tllil Prolect Mr. Rodeberg gave a detail ed presentation of the Improvanents and def Inltlon of the tributary area. A breakdown of costs was as follQtls: Anoka Couniy Share City of Andover Share To be Assessed $97,659.06 $19,875.32 $68,520.6.2 Total Project Cost $186,055.00 Of the $68,520.62, the Cliy will pay for assessments to a Ciiy-Qtlned lot and for assessments to lots which were previously assessed. This relates to an additional $4,824.45 paid by the Cliy. The Cliy share total Is then $24,699.77, and the tota I proposed to be assessed to benef Ittl ng areas Is $63,696.17. Percentage-wise, the Cliy and the County are proposed to pay for approxl matel y 66% of the pro] ect cost. o Honorable Mayor and CI1y Council October 20, 1989 Page 2 o 3 . ft.Q..j)Q.SSl..d...h.s~.sm,gwj: Mr. Schrantz Indicated the term of the assessment would be 10 years at an Interest rate of 7.7%. He recommended the rol I be prepared for Council consl deration November 7, 1989. At the November 7th meetl ng the Council coul d consl der settl ng the date for the assessment hearl ng. A hearl ng date of November 29th was recommended. The assessment cannot be certlf led to the Anoka Coun1y Auditor for 1990 taxes, sl nce October 10, 1989 was the final date for certification. 4. BgsI dent Response Several resl dents I n the area were concerned about the cost of storm sewer not being Included In prior pending assessments. They were adv I sed by harie bu II ders I n the area that.211 assessments had been pa I d. They woul d expect that the developer shoul d be responsl bl e for all costs of Improvements to urban standards. The developer of Kensi ngton Estates obj ected to the trunk storm sewer Improvements bel ng assessed based upon pr I or precedence along Coun1y Road and MSA street construction projects. 5. ~~ncll Aci19n After review and dlscusslo~ the Council took action as fol lows: a. Passed a resolution to confirm the ordering of the improvement; preparation of plans and specifications; decl arl ng costs to be assessed; and ordered preparation of the proposed assessment. b. The assessment roll shall be subm Itted to the CI1y Council for consideration at their regular meeting November 7, 1989. c. The Cliy Attorney shall rev lew the developers agreement for Kensington Additions 1,2 and 3 to determine If the developer shall be responsi bl e for any costs Imposed upon lots al ready sold In the subdivisions. The hearing was adjourned at approximately 10:00 P.M. JLD/mha o "'l 70 c.C, Office of . 1~!7/:>?9 ANOKA COUNTY SHERIFF'S DEPARTMENT KENNETH G. WILKINSON - SHERIFF Courthouse - 325 East Main Street - Anoka, Minnesota 55303 612-421-4760 ~~r ~v October 30, 1989 The Honorable James E. Elling Mayor City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mayor Elling: Pursuant to Andover City Council resolution 160-89, I ordered a comprehensive investigation of three (3) incidents and a subsequently reported incident of stray bullet projectiles found in the Hills of Bunker Lake. We have concluded the investigation. Two (2) of the incidents were ruled out as being connected with the Anoka County Range. On the other two (2), we were unable to rule out the possibility of the projectiles coming from the Range. (Please refer to the attached summary of shooting complaints.) As a result, I recommended to the Anoka County Board of Commissioners the temporary cessation of weapon firing on the Range until appropriate safety devices are constructed to preclude projectiles from escaping. o Affirmative Action I Equal Opportunity Employer o o Mayor Elling Page -2- October 30, 1989 The County Board accepted this recommendation and authorized up to $10,000 to examine and propose alternative safety devices. I will be coordinating ~vo1vement in this process which will include both law enforcement and community input. Please advise if I can be of further assistance in this matter. I/Aff~ K. G. wilkinson Sheriff KGW/ca1 cc: M. A. Johnson - County Attorney co~~issioner Erhart John Carlson - Neighborhood Spokesperson Chief G. Nelson - Chairman, Education and Training Committee, Joint Law Enforcement Council o Mayor Elling Page -3- October 30, 1989 SUMMARY OF SHOOTING COMPLAINTS - ANDOVER AREA Case #88-122377 On 9-11-88, Mr. John Carlson, 13787 Yellow pine Avenue in Andover, discovered a bullet hole and projectile lodged in his garage wall. Officers responded and recovered what they believe was .38 caliber copper jacketed ball type projectile. The date this projectile was discovered, the Anoka County Range 'was. closed and not in use. However, investigation revealed that the damage could have occurred at an earlier date and not discovered until 9-11-88. On 10-16-89, a meeting was ,conducted with Product Service Representative Michael Larson of the Federal Cartridge corporation. Mr. Larson indicated that type of ammunition, being fully jacketed copper ball type is no longer manufactured for police use. However, it is still in service in the military. The bullet hole at the Carlson residence was approximately seven (7) feet off ground level with a downward angle of 59 to 63 degrees. The projectile had some ricochet type markings on the slug. On 10-17-89, the Minnesota Bureau of Apprehension Laboratories sent two ballistics experts, Jim Lansing and Roger Papke, to the scene at our request. certain measurements were taken at that time. Contrary to earlier information to the Sheriff's Office that the bullet had penetrated the wall, Mr. Lansing determined that the projectile entered only 0.75 inches. When the bullet came to rest, the area was elongated, thereby the varying degrees earlier mentioned. Mr. Lansing used numerous computations through the ballistics centerJ s. computer and determined it was possible the projectile could have originated from the Anoka County Range. Case #89-44040 o On 4-11-89, complainant Ronald J. Clark, 13772 Zilla Street, Andover was contacted by the Anoka county Sheriff's Department regarding an incident occurring in early August of 1988. Information provided was that he was advised by his furnace installer at his home under construction that his gas meter was malfunctioning. North Central Gas Company did respond and later learned that the meter had a hole in the aluminum casing. This meter is positioned approximately six to eight inches off the ground on the south side of the residence. Contact was made in the course of this investigation with the gas repairman who had (' o Mayor Elling Page -4- October 30, 1989 replaced that meter. This repairman was identified as curtis Lueck. Mr. Lueck recalled repairing the gas meter in question. He stated that the meter had an entrance and exit hole of approximately 3/8 inch diameter. He indicated that the entrance and exit hole was parallel to the ground with a slight downward angle. He stated that there was no projectile found inside of the meter and that he did not observe any projectile laying on the ground near the residence. subsequently, that proj ecti1e was never recovered and the meter since has been scraped and it's whereabouts unknown. On 10-19-89, investigators made contact with a ballistics expert from the FBI Headquarters in Quantico, virginia. Mr. William Vanderpool of the FBI, upon being briefed upon the distance invo1 ved, and the type of damage sustained to the gas meter, indicated that the velocity from a handgun would not be powerful enough to have penetrating damage on the gas meter incident. Additionally, if a higher power rifle slug had been utilized, the dOw~ward trajectory needed to clear the obstacles from the Anoka County Range to the meter would not have carried enough foot pounds to have made an entrance and exit hole through the metal casing. Case #89-126861 On 9-13-89 Barbara Rowe, 1219 138th Avenue NW, Andover reported to Anoka County Sheriff's Office that a spent bullet was found laying on the garage floor of her residence. This spent bullet was identified as a .223 caliber. Ms. Rowe was certain that the projectile entered her garage on that date, due to the fact that she had swept her garage at approximately 0900 hours. Investigators interviewed Range Officer Mark Hickey of the Columbia Heights Police Department who was the range officer on duty at the Anoka county Range on that date. Officer Hickey stated that during the week of the shoot, and specifically the date the projectile was found in Ms. Rowe's garage, no officers brought out any weapons capable of firing a .223 caliber. In fact, he stated no rifles were brought out the entire week. Therefore, we conclude this projectile did not come from the Anoka County Range. o On 10-17-89, a fourth projectile. was turned over to the Anoka County Sheriff I s Department. This proj ecti1e was subsequently identified by it's shape and weight as a 9mm caliber. Information provided was that some neighborhood youths had found this projectile on the pavement portion in the general vicinity of Mr. o o , Mayor Elling Page -5- October 30, 1989 Carlson's residence. Inspection of this round revealed that it is not the type~ed by the Anoka County Sheriff's Department in it's county-wide shoots. This round also bore ricochet marks on it's copper jacketing. This round may have been utilized by another agency using the Anoka County Range, but only would have landed in that area if it had ricocheted off the 20 foot berm on the north end of the Anoka county Range. Therefore, we are unable to rule out the possibility that this projectile came from the Anoka County Range. o CITY~ANDOVER Regular Clty Councll Meetlng - November I, 1989 8:01 P.M. Call to Order Resident Forum o Agenda Approval Approval of Minutes Discussion Items 1. Roeger Special Use Permit 2. Amended Special Use Permit/Meadow Creek School 3. Lundby bot Split 4'. Commercial Boulevard Alignment 5. Amended CDBG Grant Agreement Staff, Committee, Commission 6. Gopher state One Call 7. Bond Defeasance 8. Recycling Report 9. Approve Licenses/Brooks Food Market #54 10. Metes & Bounds Park Dedication 11. Personnel Committee Recommendations 12. Computer Discussion 13. 1990 Auditor Engagement Letter 13a. Receive Union Contract Non-Discussion Items 14. Accept Easements/Tulip Street 15. Olesen Addition Final Plat 16. Wandersee Addition Final Plat 17. Award Bid/89-22/Wandersee Addition 18. Hidden Creek East 2nd Addn. Final plat 19. Final Payment/Bent Creek Estates 20. Order Assessment Hearing/87-3B, 88-1 21. 22. Approve Plans & Specs/Commercial Park Ponding 23. Request Speed Study/xenia & 157th Area Approval of Claims Adjourn o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 7. 1989 o AGENDA SECTION ORIGINATING DEPARTMENT APPRO~OR NO. AGEND Approva1 of Minutes Admin. ~! ITEM NO. Approval of Minutes BY: V. Vo1k BY: i / The City Council is requested to approve the following minutes: October 17, 1989 Regular Council Meeting October 19, 1989 Special Council Meeting , COUNCIL ACTION MOTION BY SECOND BY TO o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nnv~mh~r 7, 1QAO Planning AGENDA SECTION NO. ORIGINATING ITEM NO. 1. Roeger Special Use Permit BY: REQUEST The Andover City Council is asked to review the Special Use Permit application for a Rule 8 emergency shelter home for adolescent boys at 14288 NW Round Lake Boulevard. APPLICABLE ORDINANCES staff reviewed the request and recommended that the proposal be defined as a rest home. Ordinance 8 defines a rest home as a private home for the care of children or the aged or infirm or place of rest for those suffering bodily disorders. Such a home does not contain equipment for surgical care or provide for the treatment of disease or injury, nor does it include maternity care or care for mental illness or infirmities. Ordinance 8, Section 7.03 allows rest homes in residential districts by Special Use Permit. William Hawkins reviewed the request and concurred that the request falls under the definition of a Rest Home. (See the attached opinion) GENERAL REVIEW The home, currently owned by Grace and Alvin Fitzpatrick, has been used as a foster home for nearly four (4) years. Earlier this year, the home was licensed for up to 10 adolescent boys. The current proposal would allow up to 10 adolescent boys, based on the square footage of the living space of the home. The shelter would serve adolescents that have been neglected, abused or abandoned by providing a temporary place to stay. The residents might have committed a status offense, such as, curfew continued COUNCIL ACTION MOTION BY TO SECOND BY ; o Page Two Roeger SUP November 7, 1989 violations or truancy offenses. The shelter would serve primarily Anoka County but would accept boys from Anoka, Dakota, Carver, Hennepin, Isanti, Ramsey, Scott, Sherburne, washington and wright Counties. A Rule 8 shelter is proposing to increase the current staffing level to one staff person per 5 boys. The average stay for boys ranges from 2-3 days up to 30 days. The applicants have submitted a copy of their Anoka County funding proposal. In that proposal, they outline the program objectives and organization/administration policies. Please refer to attached blue pages. The home was originally built as a single family residence and has six (6) bedrooms, two bathrooms, kitchen, dining room, living room, family room and laundry room. The basement is a walkout with a large patio area in the backyard. The front yard is small and screened fairly well from Round Lake Boulevard. Several shelter homes exist in other communities, including The Harbor Shelters in both Stillwater and Bloomington and Mission Creek Shelter in Pine City. 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, Safety, Morals and General Welfare of the Occupants of the Surrounding Lands. The mere existence of a shelter for adolescent boys, in theory, would not cause conflict with a residential neighborhood. The proposed use meets the purpose of a residential neighborhood. However, practical experience has shown that problems can occur with shelters of this nature. Since June of this year, the Andover Sheriff's deputy has visited the site eight times. All calls were reported by the property owners, residents and/or workers at the shelter. o Some concern was raised regarding the types of individuals staying at the property. One Planning Commission member felt that sex offenders should not be allowed on the property. Attorney Hawkins stated that the City has the authority to review continued o Page Three Roeger SUP November 7, 1989 the operation and maintenance of the facility and that it would be difficult to preclude certain types of individuals from the property. The applicants have stated that sex offenders will be screened by the County and be deemed safe for interaction 2 Traffic and Parking Conditions The driveway is greater than 20 feet in width and is used as a turn around onto Round Lake Boulevard. As Round Lake Boulevard is extremely busy, I would urge the Planning Commission to consider some parking restrictions (possibly three vehicles on the driveway) so as to facilitate easier ingress and egress onto the property. The Planning Commission recommended inspected by the Building Official. property states that a turn area be of the driveway. that the driveway be Dave has inspected the constructed on the north side The proposed use will not add a significant number of vehicles onto Round Lake Boulevard. 3) Property Values and Scenic views The proposed use (rest home) is a use allowed by Special Use Permit only in a residential district and is not a commercial use. The intent behind allowing rest homes in residential neighborhoods is to provide a residential setting for special populations. Clearly the intent is met by the proposal. The key factor in preventing any devaluation of property is in maintenance of the property, both interior and exterior. The home is a brick structure with good screening from Round Lake Boulevard and surrounding properties. The Planning and zoning Commission might consider a maintenance agreement that would place requirements on exterior and interior maintenance of the home. with proper controls the use should not negatively effect the surrounding property owners. Commissioner Ron Ferris and Staff inspected two similar shelters in Burnsville and Stillwater and found them to be in a good state of repair. Commissioner vistad attempted to ascertain if there has been any evidence of property devaluation in the area surrounding these shelters. No information was available. 4) Effect on the City Comprehensive Plan o The Andover Comprehensive Plan does not address this issue. The Planning Commission recommended that the update of the Comprehensive plan include direction on these types of requests. o Page Four Roeger SUP November 7, 1989 CITY COUNCIL OPTIONS OPTIONS: 1. The Andover city Council may approve the Special Use Permit application of Shannon Roeger for the operation of a rest home (Rule 8 shelter) on property described as: The North 100 feet of the South 300 feet of the East 150 feet of Lot 7 of Auditor's Subdivision 82, Anoka County, Minnesota, said distances being measured parallel with the South and East lines of said Lot 7, also including that part of the North 100 feet of the South 300 feet of the East 150 feet of Government Lot 4, Section 29, Township 32, Range 24 Anoka County, Minnesota, lying west of the centerline of Round Lake Boulevard, except that part platted as Anoka County Highway right-of-way plat, subject to easements of record. The City Council may impose restrictions or conditions on the operation and maintenance of the rest home so as to protect the health, safety, morals and general welfare of the community, including, but not limited to: A. The shelter shall be limited to no more than 10 adolescent boys. B. The applicant shall provide proof of license with the State of Minnesota and Anoka County. C. The Andover Planning and zoning Department shall inspect the property after six (6) months and then annually to ensure compliance with all municipal ordinances. D. The applicant will meet all requirements of the State of Minnesota Uniform Building Code for ingress and egress, etc. E. The applicant will restrict exterior parking of vehicles to ensure that there is always adequate room to allow vehicles to turn around and move onto Round Lake Boulevard. F. The applicant will install a fence, six feet high, between the subject property and surrounding homes. o 2. The Andover City Council may deny the Special Use Permit application of Shannon Roeger for the operation of a rest home (Rule 8 shelter) on property described as: The North 100 feet of the South 300 feet of the East 150 feet of Lot 7 of Auditor's SubdivisLon 82, Anoka County, Minnesota, said distances being measured parallel with the South and East lines of said Lot 7, also including that part of the North 100 feet of the South 300 feet of the East 150 feet of Government Lot 4, Section 29, Township 32, Range 24 Anoka County, Minnesota, lying 'west of the centerline of Round Lake Boulevard, except that part platted as Anoka County Highway right-of-way plat, subject to easements of record. o Page Five Roeger SUP November 7, 1989 The City Council finds that the proposal fails to meet the criteria for Special Use Permits as outlined in Ordinance 8, Section 5.03, including the effect of the proposal on the health, safety, morals and general welfare of the community, traffic or parking conditions, property values and scenic views and on the Comprehensive Plan. 3. The Andover City Council may table the proposal. PLANNING COMMISSION RECOMMENDATION: The Planning and zoning Commission reviewed the request at their September 12th, October 10th and October 24th meetings. Several concerns were raised that are addressed by the enclosed attorney's opinion. A motion was made by Ron Ferris to recommend approval of the Special Use Permit for Shannon Roeger for the operation of the Rest Home at her property at 14288 Round Lake Boulevard. The motion carried 5 yes, 2 no. The two minority opinions (Vistad, Jovanovich) were based on the fact that they felt that the home would be detrimental to the welfare of the neighborhood. STAFF RECOMMENDATION staff recommends approval with the restrictions outlined in Option #1. o @ o CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 SUP * SPECIAL USE PERMIT REQUEST FORM Property Address /~~,f'p 1f6L/I'7d Lake.- 8/IJd. Legal Description of property: (Fill in whichever is appropriate) Lot Block Addi. tion plat Parcel PIN ~q-3~-';;'1-JI- otJo9 -~ J, 6 me, +0 70 Ufl'1rade. Aule,p ~.eno/ complete legal) Of.,(,-- ~re5enA -POSTe-care.. , SAell--e.r ~ cob!. "srJtp (If metes and bounds, attach the Reason for Request fL Section'of Ordinance Current zoning 11-3 ********************************************************************** Name of Applicant R-roce. Fii-z..fXtn-ick... f.' Shannon,) /Jaeger Address IIf.).?? /?ound Lcd:.e. 8/vd. J9ndDl.JeJ , ,,(fri!U;,c.. ri'lzJ2!2/rld ':1'Ql~;'~";'o2..J Home Phone f/al-(,/91 Business Phone rJknl'Y./J/ Jf'./n'jPf' Y-Cft5-,///6 Signature 0hL2/YlA1/./JL J'f(h*jLA Date ~?,~1P9 ********************************************************************** property Owner (Fee Owner) (If different from above) Address Home phone Business Phone Signatur Date ******** . i * ******* * **** ************************************ 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. o The names and addresses of all property owners wi thin 350 feet of the subject property must also be provided. Application Fee: $150.00 Date Paid Receipt it Filing Fee: $10.00 . I '" t, II ,'t ' I '. 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J9 ~ "- ;.' ~~\).., .."0 I .1. ~ .. 1/1/;' . >\ ; 1-- -_- , , ' I ,'.j ,j I i j ~ '''-.-- -'- ._~;;; 7. . .... ....:: .. - ...... -- - I ~"-- ..c t;-- .-. -- ,'- ..- ......... --.... -.-- ~ ...-- .... --I 8.. ..1 ,1\ .- ...., ..,.- ..... . . -...::.;---,.. -'- --,1-... '_ .(0.. .~ ._-- - - ...--.----. _... ...- _h' , ---- - .- . - --- .--- --. ...., ,-, ...., f-,,-. ---- -.- .-. "..... -..-...-.- ".-'-- -- ..- -- -- -.., -,_. ._-- .... '- :f:,:-:l ...",.. ... I ~ ..~. ~ -; ._-~, .{ ..... -.. "......... ,- ,-. -- - .. - ._-. .- -- -- ...... '.- -'-' .. - - ~ -.:.....:. _h. __, _... .._.. ._ .. ,. .. -..-.--.-... '--...r--,~., ...... _. - - ;:::--:c: ''''''- 0 ....... , . _. __ C) '" ~ ~ -~ .- ~-.. }.... ~~~,-" ~ "... ~........., ~ ..........-. ..... -'" -.- ~ ..." -... --- I.... .,'-~'.. ,. ~~ ,.. .. ... , -, . Ii CT-19-89 THU 12:28 P.02 u.w Ol"l"lCts OF o I!lIfK& and .HawKins SUI'TE 101 280 COON ""I'IOS IlOULEVA/lO COON 11...1'105. MINNI:SOT...llll<433 /'HONE ((112) 78+28;8 JOHN .... eUIIKE' . WILLI"'" G. HAWKINS October la, 1989 Mr. Jay Blake Andover City Hall 1685 Crosstown Blvd, Andover,' MN 55304 Re: Roeger Special Use Permit Dear Jay: ( I am writing in response to your request for my opinion codcerning several matters that were arranged by the Planning Commission during their deliberations on the Roeger Special Use Permit application. Those items are addressed in your letter of October 11, 1989. For your information Minnesota Statute 5462.357, Subd. 8 is the enabling legislation that deals with the regulations that the City can impose concerning a licensed residential facility. Under Subdivision 8 a licensed residential facility serving from 7 to 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. The City may require a special use permit in order to assure proper maintenance and operation of a facility, provided that no condi- tions shall be imposed on the facility which are more restric- tive than those imposed on other special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. Based upon the information you have provided,' it would be my opinion that this activity would constitute a "rest home" as defined in Ordinance 8. This definition includes a private home for the care of children. It is my understanding that this home would be available for sheltering of, neglected, abused, or abandoned juveniles. As such this use would be a special use under Ordinance 8. o Your second quest,ion concerns whether or not this would be classified as a home occupation. Since the state statute -T-19-89 THU 12:28 Poet::;;; Mr. Jay Blake O October 18, 1989 Page 2 mandates that these are permitted multifamily residential use of property and can be regulated by special use permit, I do not believe the City would be able to attempt to designate this as a home occupation and therefore excluded from th~district. Further, the City ordinances-clearly allows them as special uses by permit, A final question concerns whether the City would have the ability to prohibit individuals who have a history of sex offenses. The City does have the authority to impose conditions that are necessary to ensure proper operation of the facility. Since a residential treatment center by its nature may deal with individuals who have a history of sex offenses, . I believe it would be the burden of the City.to show that proper operation of a facility of this type should not include these"types of indi- viduals. You would have to have an independent expert provide evidence, that in their opinion, this is not a satisfactory fac~lity for treatment of these types of offenders. In absence of lthis information I believe it may be difficult to entirely restrict offenders of this nature. If you have any further questions, please feel free to contact me, " (jn:ereg' ~G. Hawkins WGH:mk o o o CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Planning & zoning Commission Todd J. Haas. Ass't City Engineer ~*' O,.tnh<>r ?4. 1 qAq The Planning Department has requested the Andover City Englheering Department to teview the site distances arid traffic . Y6lumes' at 14400 Round.Lake Boulevard. Based on our observation, it appears that sight distances are adequate in both the north and south direction when exiting this property. . Although the sight distance appears adequate, the major concern appears to be the traffic volume which currently is approximately 16,751 vehicles per day (per Anoka County Highway Department 1989). - PURPOSE OF EMERGENCY SHELTERS o In our day, we are greatly concerned about every child in society and his need for proper care. We have the responsibility to see that proper resources are established and maintained. with our growing child and youth population and expansion of needs, we find that there are gaps between the service needed and the variety of resources available to provide the service. In recent years, in an attempt to meet, diverse needs, new resources for care have been established. One of these new resources is the Emergency shelter Care. Emergency Shelters provide a type of care that is not available through traditional foster families or institutions. Emergency Shelters are not meant to replace either of these types of care, but present an opportunity to provide a different aspects of treatment for an adolescents in crisis. Emergency Shelters can provide adult guidance and professional services to the child placed out of his own home and yet keep the child in community living. The facility is community based and the program is community oriented. The Emergency shelter represents a resource that has tremendous flexibilty in giving care to children of all ages with Varying needs. Emergency Shelter care should be used on a selective basis as a placement of choice. It is a distinct resource in its own right that is apart of a whole broad spectrum of resources available to children. ORGANIZATION AND AIMIN1STRATION The philosophy, purpose and function of the Emergency Shelter shall be clearly defined in writing and maintained as part of the Emergency Shelter file in the agency. 1 . PHILOSOPHY, ~URPOSE AND FUNCTION The objective of Round Lake Shelter, Inc. is to provide a structured, safe, supportive, environment for adolescents in crisis. We help facilitate the data gathering process to best bring the crisis to reSOlution. We help the Social Service Department, Family and all responsible party's in making the most appropriate referral. o. The Philosophy of Round Lake Shelter, Inc. is that there are times when adolescents need a structured discipline environment to give all party's a time to evaluate the crisis situation. we believe that giving all party's time to let the intensity of the situation quiet down, they can make the most appropriate decision on resolving the crisis; thus making the applicable referral. 11. WRITTEN DESCRIPTION The agency shall similarily define, in writing, and file a statement of the geographic area to be served, ages and kinds of children to be accepted for care and the specific extent, limitations and scope of service for 'l-lhich the Einergency Shelter is established. ~ A. GEOORAPHIC AREA TO BE SERVED ANORA CARVER DAKCYrA HENNEPIN ISANTI RAMSEY SCOTT SHERBURNE WASHINGTON WRIGI-IT ~R OTHER SURROUNDING COUNTIES. 1 o B. CLIENT ADMISSION CRITERIA 1. No client shall be discriminated against in admission, termination or treatment on the basis of race, creed, color national origin, sex~al preference, public assistance or physical handicap. Physically handicapped individuals must be amPulatory due to the limitations of the house and not be in need of nursing or hospital care. Individuals with visual and auditory impairment 1fill be considered for ao- mission to the extent that such disabilities do not interfere wit~ the individual's participation in the program. 2. The client may be a male adolescents between 13 and 17 yea,rs of age. The client ~y have a diagnosis of chemical dependency/chemical abuse, emotionally handicapped, or issues relating to the family and/or school problems. The client must have a physical assessment within three days after admission. 3. 4. 5. The client must be free of any communicable disease. 6. Appropriate financial arrangements must be made prior to admission. No kn01YI1 history of sex offenses - d e (.eA.e J 7. III . WRI'ITEN AGREEMENT The agency shall have on file a 1,rritten agreement between itself and the Emergency Shelter parents. The agreement shall contain the following i terns: . a. admis~ions and discharge policy for the residents: b. the rules, responsibility and authority of the agency and its personnel and Emergency Shelter parents: c. the per diem or monthly rate paid to the Einergency Shelter and; d. the maXimum number of children to be cared for in th Einergency shelter. A. ADMISSION POLICIES 1 . AIMISSION ASSESSMENT Applicants are screened during an intake interview to determine if they meet the criteria for admission and the likelihood of of their being able to benefit fram this livin~ situation. Should the program not meet the needs of an applicant, a reference to another agency will be made. . .. o PROCEDURE: 1. Obtain information from referral source. 2. Conduct an on site interview with the applicant, including, when possible, the parents and a social worker if county 'placeid. 3. Institute decision of admission or rejection. t'\::\. \. 'lQJ -2- e o 4.. Secure financial arrangements. 5. Notify referral source of decision. 6. Identify other community resources. 2. ORIENTATION Applicants screened into the Program will undergo an orientation to assist the client in understanding the purpose of the Program, rules of tlle house, client responsibilities, client rights. PBOCEDURE. 1.. - Present house rules and regulations governing participation in the Program. 2., Obtain signatures on all documents (i. e. Agreement forms, Confidentiality form, Release of Information, etc. ) 3. CLIENT ASSESSMENT Clients will participate in a meeting with the Director in order to obtain information from and about the client which will facilitate the development of the Individual Program Plan. PROCEDURE: 1. Arrangements will be made for a physical examination, if none given prior to admission. 2., Obtain chemical dependency history, if applicable. 3. Obtain personal and social history. 4. Obtain psychological history when appropriate. 5. Review discharge summary from referral source. 6. Make observations of client's behaviors inCluding grooming, self-care, social behavior, communication skills, motivation, sincerity, awareness of self and others, and beliefs about self, family and significant others. B. DISCHARGE POLICIES 1. DISCHARGE PLAN The purpose of a discharge plan is to ensure that adequate provisions are made which will enable the discharged clients to become successfully integrated into the community. PROCEDURE: 1. To ensure that plans will assist the individual to develop and maintain open relationships with family members and significant others. 2. To ensure that the plan will assist the individual to select an appropriate residential setting if returning to the family home is not possible. 3. For those who are chemically dependent, to ensure that the ~ plan incorporates the use of community resources designed to assist individuals to remain chemically fee. o . @ - 3- " o IV. FINANCE PLAN The agency shall have a sound plan of financing that will give assurance of sufficient funds to enable it to carry out its defined purposes and to provide proper care for children. A. FINANCING/BUSINESS I . ANNUAL BUIX;ET 2. RECORDS OF INCOHE AND EXPENDITURES 3. FEE POLICIES 4. RECQRDS OF AUDIT 5. NEW PROGRAMS A. START UP COSTS To be revie,ved at the fadli ty. V. BUSINESS MANAGEMENI' There shall be,a system of business management and staffing to assure maintenance of complete and accurate accounts. books and records. All records are subject to review by the Commissioner of Public Welfare. VI. COORDINATION WITH COMMUNITY SERVICES The agency shall coordinate its services and program with appropriate persons, agencies and organizations in the community. A. COMMUNITY SERVICES The house will make a concerted effort to involve other agencies for specific needs of the client. While the client is involved in the program at Round Lake Shelter, he may attend any outside support group(s) he is interested in. In turn, it is the policy of Round Lake Shelter Inc. to provide services to thecOllIllUI1ity by way of lectures, workshops, consultation and information to community and civic groups regarding the house program. family systems and aspects of chemical dependency and/or emotional handicap(s). Efforts will be made to consult with human service agencies, chemical dependency programs and mental health programs to provide them with information regarding the house services, exchange ideas, develop referral mechanisms and assess the needs of the community. B. ROLE AND RESPONSIBILITY OF COMMUNITY AGENCIES It is the policy of Round Lake Shelter Inc. to provide or make available all services needed by the proposed client population on an as needed individual basis. Proposed services have outside agencies: I . SCHOOL a. Junior High: already been arranged for the following Fred MOore Junior High 1523-5th Ave. So. Anoka, MN' 55303 b. Senior High: Anoka Senior High 3939-7th Ave. No. Anoka, MN' 55303 c. Anoka Vocational Technical Institute 1355 W. Main Street Anoka, MN' 55303 A list of school support groups will be obtained from the respective SchOOl Counselors and updated in an as needed basis. . o Vocational (j) -5- o Each client at Round Lake Shelter is expected to attend school on a regular basis. Progress will be monitored by School Counselor and reported to the Program Director. 2. ,1M, . AL-ANON, ALATEEN, NA A. It is the policy of Round Lake Shelter to call the Minneapolis Alcoholics anonymous number (922-0880) for a current listing of all AA, AL-ANON, ALATEENand NA meetings in the qrea. The purpose of calling for a current listing is 'that meeting locations, times and dates change frequently. 3. arHER PROFESSIONALS a. Other professionals, Imown by the Program Director and/or Counselor(s), will be utilized as referral agencies for potential clients of Round Lake Shelter Inc. 4. arHER OlJI'SIDE AGENCIES a. Other outside agencies which may be utilized by the clients of Round Lake Shelter on an individual basis include work programs, continuing education, Y.E.S., etc. b., Other services can be found by consulting the First call for Help Directory. The above listing is subject to change and additions will be made as the needs of the clients and their families broaden. VII. NEEDS OF CHILDREN Clothing, personal allowance, spending money and medical expenses for the children in, the Round Lake Shelter shall be worked out by the agencies involved. Basically, all client medical expenses, medications, clothing allowances and spending money, outside of money earned in the Program, is the responsibility of the parent(s) and/or county agency, if county placed. A personal allowance and extra money can be earned by the client on a weekly basis.. VIII. DISCRIMINATION PROHIBITED All licensed individuals, agencies or organizations shall operate on a nondiscriminatory basis, according equal treatment and access to their services to all persons. It is the policy of Round Lake Shelter Inc., in recognition of essential and protected civil rights of all employees and applicants for job positions and human services provided through this agency's program, to recruit, hire and promote in all job classifications and Program components without regard to race, color, creed, religion, age sex, handicap, marital status, sexual preference, unrelated job disability or national origin. o -6- 1\.:\ x:.v o srAFF TRAINING POLICIES 1. ORIENTATION It is the policy of Round Lake Shelter, Inc. that upon employment a person shall receive a copy of the Personnel Policies from the Director or designee. TI1e policies are to be thoroughly read by the new employee and to designate it has been read, a statement is signed by both the Director and the nevl employee and retained in the employee file. If there are any questions regarding the manual they will be addressed before the signing of the document. Newly hired employees will be closely assisted by staff members during the ini tia:l orientation period. 11. IN-SERVICE TRAINING ' It is the policy of RoUnd Lake Shelter, Inc. to provide training and in-service education opportunities to all staff on an as needed basis as determined by the Director. Staff at all ievels are encouraged to actively pursue educational and training opportunities which will enhance their effectiveness on the job and/or to prepare them to take advahtage of advancement opportUnities. A. AREAS TO BE COVERED FOR IN-SERVICE 1. CPR Training 2. Death and Dying 3. Cohesiye Staff Workshop 4. Incest and Physical Abuse 5. How to Intervene with the Parents 6. Mental Health IssueS 7. psychiatric Considerations 8 The Nornal Maturation Process vs Chemical Dependency/Abuse 9. Professional Enabling 10. Grieving Process 11. . Anorexia and Bulemia 12. other 111. OUTSIDE TRAINING Although very limited funds are available through the program for attendance at off site conferences, seminars, workshops or training sessions, efforts will be made to allow staff a reasonable amount of time off fr~ duty with pay to attend relevant courses. ReqUests for approval of education and/or training experiences should be made to the Director and will be considered on an individual basis. ~ o @ 1$- , L:""~'::'''~-.l~':-;,'' CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES OCTOBER 10, 1989 The regularly scheduled meeting of the Andover Planning and zoning Commission was called to orde~ by Chairman Rebecca Pease at 7:30 P.M. on Ttresday, OctoB~r 10, 1989 at the Andover City Hall Offices, 1685 Crosstown Blvd., Andover, MN. Commissioners Present: Chairman Pease, Bev Jovanovich, Ron Ferris, Don Spotts, Gretchen Sabel, Wayne Vistad, Randal Peek Others Present: Jay Blake, d'Arcy Bosell Approval. of-Minutes The. Planning Commission was requested to review minutes qf the 9/26/89 Planning and Zoning Commission meeting. Bosell noted that page f{ve, paragraph two contains a typographical error where Section 4.30 was listed as section 4.03. Commissioner spotts made a motion to approve minutes, second to motion made by Commissioner Sabel. MOTION passed. Chairman Pease introduced Mr. Randal Peek as a new member of the Andover Planning and Zoning Commission. (. Shannon Roeger, Special Use Permit Mr. Blake outlined background of request as described in 10/10/89 Request for Planning Commission Action memo. The cities of Bloomington, Stillwater and Burnsville were contacted by Mr. Blake in regard to shelters operating in their communities. All three communities require special use permits for this type operation. Mr. Blake visited The Harbor Shelter in Stillwater. He described the location as a medium density area. The building is a former apartment building five blocks from downtown Stillwater. Commissioner Ferris visited a Rule 8 facility that has since 2/88. Facility formerly was known as Lifecrest. of 22 residents. Residents are males and females ages truancy, physical and/or sexual abuse. operated in Burnsville This shelter has a capacity 12 - 17 with a history of Shelter is run for profit. The city of Burnsville has no recorded complaints against this averages ten calls to police per month. Mr. Ferris observed a supervision at shelter. Bed checks are made every 15 minutes. required to hold a degree in area related to work at shelter. shelter. Shelter high level of Staff members are Shelter is located in residential area of l~ acre lots. Shelter is set back o cont'd.. . Planning and Zoning Commission October 10, 1989 Meeting Minutes Page Two o 1,000 feet from road and abuts park. shelter is not visable from meighboring homes. Shelter is serviced by county social workers. School district provides on site teacher. commissioner Spotts reported on_ information received from Virginia Jackson, DHS. Ms. Jackson states the recommended number of residents in a Rule 8 shelter is ten although requirements are based on the physical limitations of property. property must~eet building codes. There should be living and recreation space of 35 square feet floor space per child, not including bathrooms, laundry room, halls, nedrooms, kitchen and furnace room. Dining room should be large enough to comfortably accomodate all residents, group home parents and guests. Room shall be cheerful, well ventilated and easily accessible to kitchen. Every sleeping room for the accomodation of one child shall include 80 square feet of floor space. Every sleeping room for the accomodation of more than one child shall contain 60 square feet of floor space per child. Each child shall have an individual bed and individual beds shall be at least three feet apart. No sleeping room shall accomodate more than four children. There must be one ~oil~t for every five shildren and tub or shower fi:)r every five children. Grouphbme parent:;,>' ,shall have separate sleeptng quarter~_but be near enough to provide proper supervision. Mr. Ferris questioned how strictly state regulations are enforced based on his observation of Burnsville Shelter. Ferris stated any motion to approve permit would be contingent on Shelter obtaining necessary state permits. Ferris asked what procedure (in regard to existing ordinance) should have been ( followed when home went from four to ten residents. Blake explained that city ordinance allows a group of not more than five unrelated individuals to reside in a residential home. When more than five unrelated individuals live in a single family home a special use permit is required by the City of Andover. Ms. Bosell reported that in 1986 an inquiry was received by city from Shannon Roeger to conduct a Rule 5 Shelter. In 10/87 Anoka County inquired if Andover allowed a single family residential home to operate a Rule 5 Shelter. It was the response of the building inspector and City Clerk that shelter did not require a conditional use permit but was required to meet building code. Ms. Bosell stated applicant has been in contact with city and attempted to comply with city ordinance. Commissioner Vistad noted this operation seems to be a fairly high intense commercial enterprise in a residential neighborhood. Commissioner Ferris asked if Rule 8 has been amended since 1986. Bosell replied the Rule is basically intact as it relates to this issue. Applicants were present with their attorney, Mary Morin, to discuss permit with commission. cont I d... o Planning and zoning Commission October 10, 1989 Meeting Minutes Page Three o Ms. Morin stated MN Statute 245A.ll Subdivision 2 states a city cannot require special Use Permit for six or fewer residents of a foster home. Also, MN Statute 245A.04 says DHS is required to give notice to city if Special Use Permit is to be required. Bosell stated City of Andover received notice 1/30/89 by DHS in regard to Roeger request. City responded to DHS that according to local ordinance a Special Use Permit would be required. Ms. Morin stated that ~~ Statute 462.357 Subdivision 7 & 8, and MN Sta~te 245A7rl Subdivisions 1, 2 & 3 are applicable to issue before commission. Mr. Vistad was unable to make a report on effect of shelter on neighboring property values as no area shelters operate in a similar residential area. Commissioner Spotts asked if a group parent would be in home 24 hours a day. Roeger stated a staff member would always be on premises. spotts asked what would be the highest number of residents., Roeger replied ten boys would be the maximum. spotts asked what has been the average length of stay. Fitzpatrick replied the average stay is less than 30 days. Sabel asked if staff or group parent would be actually residing in home. It was determined that staff would always be present, but that no staff member/group parent would be living in home. I \ Vis tad stated county officials relayed that home can exclude sex offenders but according to application this is not the intent of proposed shelter. Further, Mr. Vistad feels that since very few metro area homes take in sex offenders, Andover shelter would become high area for sex offenders. Roeger replied that the county governs number of sex offenders in home and that offender must be evaluated and thought to not be a threat to community. Commissioner Sabel noted that #7 under Client Admission Criteria of Round Lake Shelter Mission Statement states client shall have no known history of sex offenses. Roeger replied that admission criteria submitted is two years old and has since been changed. Ms. Morin cited two similar cases recently taken into court: Northwest Residents Inc. Vs. City of Brooklyn Center (352 Northwestern Reporter, 2nd Series, Page 764) and Horbal Vs. City of Ham Lake (393 Northwestern Reporter, 2nd Series, Page 5) ,0 cont'd.. . Planning and zoning Commission October 10, 1989 Meeting Minutes Page Four o Commissioner Ferris stated he remains highly concerned because of previous public input including complaints of neighbor children being harassed, lack of supervision in home, syringes found on lawy, incidents involving snowballs thrown at cars traveling on Round Lake Blvd. Chairman Pease reopened the Public Hearing. Wayne Ness, 14268 NW Round Lake Blvd., reiterated his comments of previous Public Hearing as contained in Planning and Zoning Commission Meeting Minutes of 9/12/89. ~Ness stated an entire summer passed where his children would not play outdoors due to harassment from boys in foster home. His problems with foster home have diminished since he erected a fence between properties. Recent problems include a boy from foster home hiding in 14r. Ness' yard this summer. Mr. Ness has not observed adult supervision on premises. Mrs. Ness stated she is fearful of boys from foster home. Because a fence has been erected and she can no longer observe foster home does not mean activities have changed at home. Commissioner Spotts asked (in reference to restrictions proposed by city staff) if zoning violations have occured at foster home. Blake replied zoning violations have not been reported; restrictions proposed to ensure compliance with zoning Ordinance. Mr. spotts asked Roeger if she had any concerns regarding proposed restrictions. ( i Ms. Morin asked that Restriction B omit county license requirement. Bosell asked Roeger to provide letter from county acknowledging that county licensing not required. Ms. Morin noted that Restriction E is unduly restrictive. commissioner Vistad wants review by City Attorney. He feels home is not being asked to comply with Home Occupation rules although in case of cars on drive the impact to neighbors is the same. Commission agreed to strike Restriction E from proposed restrictions. Ms. Morin questioned Restriction G. Mr. Blake explained that pine trees would provide a year round screen. Fencing area would be another option. Commissioner Peek asked if Special Use Permit is transferable. Bosell stated the Special Use Permit is to. the property. Bosell recommended Restriction H be deleted because there are no violations on record and seven days is more restrictive than current ordinance. Commissioner Sabel wants a copy of current admission requirements and policies. Sabel suggests Restriction F not be striken but instead be amended to require adequate turn around space. Sabel stressed that steps must be taken to foster better communication with neighbors. o spotts made a motion to close the Public Hearing. Second to motion was made by Ferris. All commissioners agreed to motion; Public Hearing closed. cont'd... Planning and Zoning Commission October 10, 1989 Meeting Minutes Page Five o commissioner Jovanovich asked why so many counties are included in home. Roeger replied that state licensing opens home to all counties in state. Commissioner Vistad wants opinion from City Attorney as to whether city can restrict home from serving residents with sex offenses. Ferris asked that City Attorney also verify that a group home is technically a rest home and not a home occupation, as defined in CityOrdinance. Applicants agreed to submit updated version of "Purpose of Emergency Shelters." MOTION made by Ron Ferris to table discussion on Reoger Special Use Permit Application to 10/24/89 pending City Attorney opinion on: 1) restrictions as to potential omission of sex offenders within group home 2) agreement that this concurs with rest home under existing Ordinance 3) is not found to be a home occupation 4) receipt of updated "Purpose of Emergency Shelters" All information is to be available to commission by 10/24/89. Second to motion by Wayne Vistad. Commissioners polled, all favor,motion; discussion tabled to 10/24/89 Planning and Zoning Commission meeting. Commissioner Vis tad left meeting at conclusion of Roeger Special Use Permit discussion. Home and Business Alarm System Ordinance Brad Campbell was present to address issues regarding Police Department response to home and/or business alarm systems. Out of the last 307 alarm calls only three were actually burglaries and in only one case was the burglar apprehended. Homeowner or alarm company cancelled 41 of the 307 calls. Campbell was asked his opinion on city adopting an alarm system ordinance. Campbell replied he can neither recommend nor disuade such an ordinance. Commissioner Ferris asked if deputy response time is affected when call is for address that frequently has false alarms. Campbell answered response time should not be affected. There is a danger of responding officer and/or neighbors to become complacent when false alarms routinely occur at an address. Campbell believes the of systems installed. should city decide to increase in false alarms is due to the increase in number His office will assist City of Andover by offering suggestions, create ordinance. Ferris ~sked what expense is involved in responding to a false alarm. Campbell stated time involved (15 minutes each for two officers), use of squad, gas, etc. woul~ be factors in determining cost. A rough estimate might be $25.00 per call to false alarm. He added that community is also losing patrol time when officers respond to false alarms. o cont'd.. . o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, September 12, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use permi t application of Shannon Roeger to allow the operation of a Rule 8FosterHo~e on property desctibed as: The North 100 feet of the South 300 feet of the East 150 feet of Lot 7 of Auditor's Subdivision 82, Aoka County, Minnesota, said distances being measured parallel with the South and East lines of said Lot 7, also including that part of the North 100 feet of the South 300 feet of the East 150 feet of Government Lot 4, Section 29, Township 32, Range 24 Anoka County, Minnesota, lying west of the centerline of Round Lake Boulevaid, except part platted as Anoka County Highway right-of-way plat, subject to easements of record. (Approximate Property Address: 14288 Round Lake Boulevard.) Written and verbal comments will be received at that time and location. U~i# Victoria Volk, c~ty Clerk o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -89 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF SHANNON ROEGER FOR THE OPERATION OF A REST HOME (RULE 8 SHELTER), PER ORDINANCE 8, SECTION 7.03 ON THE PROPERTY DESCRIBED AS: THE NORTH 100 FEET OF THE SOUTH 100 FEET OF THE EAST 150 FEET OF LOT 7, AUDITOR'S SUBDIVISION, ANOKA COUNTY, MINNESOTA, SAID DISTANCES BEING MEASURED PARALLEL WITH THE SOUTH AND EAST LINES OF SAID LOT 7, ALSO INCLUDING THAT PART OF THE NORTH 100 FEET OF THE SOUTH 300 FEET OF THE EAST 150 FEET OF GOVERNMENT LOT 4, SECTION 29, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LYING WEST OF THE CENTERLINE OF ROUND LAKE BOULEVARD, EXCEPT THAT PART PLATTED AS ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT, SUBJECT TO EASEMENTS OF RECORD. WHEREAS, Shannon Roeger has submitted an application for a Special Use Permit for a rest home (Rule 8 Shelter) in an R-3 residential district, and WHEREAS, The Andover Planning and zoning Commission reviewed the Special Use Permit application at their September 12, 1989, October 10, 1989 and October 24, 1989 meetings, and WHEREAS, A public hearing was held and several negative comments were received regarding the conduct of the children at this location; however the incidents in question had occurred more than two years ago, prior to the construction of a fence on the neighboring property, and WHEREAS, The request will not have a significant negative impact on the health, safety, morals and general welfare of the community, and WHEREAS, the request will not have a significant negative impact on traffic or parking conditions, and WHEREAS, the request will not have a significant negative impact on property values and scenic views, and WHEREAS, the request will not have a significant negative impact on the Comprehensive Plan, and o NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the Special Use Permit request of Shannon Roeger for the operation of a rest home (Rule 8 shelter for teenage boys), per Ordinance 8, Section 7.03 on the above described property (address 14288 NW Round Lake Boulevard), subject to the following conditions or restrictions: A. The shelter shall be limited to no more than 10 adolescent boys, per the rule 8 shelter requirements of the State of Minnesota. o B. The applicant shall provide proof of license with the state of Minnesota and Anoka County. C. The Andover Planning and Zoning Department shall inspect the property after six (6) months and then annually to ensure compliance with all municipal ordinances. D. The applicant will meet all requirements of the state of Minnesota Uniform Building Code for ingress and egress, etc. E. The applicant will construct a fence along the rear yard line of the property and will keep the fence in a proper state of repair at all times. Adopted by the City Council of the City of Andover this th day of November, 1989. CITY OF ANDOVER James E. Elling, Mayor ATTEST: Victoria volk, City Clerk o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION November 7, 1989 AGENDA SECTION NO. Discussion Items ., ITEM Meadow Creek School, NO. Amended SUP DATE ORIGINATING DEPARTMENT Planning 1 ~ Cki BY: Jay Blake ~ Ci ty planner REQUEST AP~~V~..FOR AG\A I '-I BY: I / The Andover city Council is asked to review the Amended Special Use Permit request of the Meadow Creek School to allow the expansion of the enrollment of the school from 445 to 650 over the next 5 years. APPLICABLE ORDINANCES Ordinance 8, Section 7.03 allows the operation of churches and related accessory structures and uses. In 1977, the School received a Special Use Permit to increase enrollment to include secondary education. In 1980 the number of students was increased from approximately 200 to 300 students. The Meadow Creek School received a Special Use Permit i~ 1984 to allow for the expansion of the enrollment from 320 in 1984 to 445 in 1988-89. PLANNING REVIEW The School plans to add a section (twenty-five students) for the next four years and also a larger increase if a capital building program is approved and completed. The subsequent increases in enrollment would bring the school to 650 students by 1994. The existing building has the capacity to increase two additional sections (one each in the 1989-90 and 1990-91 school years). Upon completion of the new church sanctuary, additional space will be available for classrooms and offices for the 1991-92 and 1992-93 school years. COUNCIL ACTION o MOTION BY TO SECOND BY o Page 2 Meadow Creek School SUP November 7, 1989 The School Board is planning a capital improvements project for additional classroom space and a new gymnasium. Completion of this project would make adequate space available for the expansion to 650 students. The City has the authority to review Special Use Permit Applications based on the proposed effect on the health, safety, and general welfare of the occupants of surrounding lands; existing and anticipated traffic and parking conditions; the effect on property values and scenic views; and the effect'on the City's Comprehensive Plan. The Effect on the Health, safet3' Morals and General Welfare of the Occupants of the Surroun ing Lands. The expansion of a private school will not have a significant negative effect on the health, safety,morals and general welfare of the community. 1) 2) The Effect on Existing and Anticipated Traffic and Parking Conditions. During the consideration of the last Special Use Permit request by the Meadow Creek Church, the City required that the western exit be realigned with Jonquil street NW. This will help to reduce the problem with congestion in the area. Parking requirements will be met as part of the church expansion. 3) The Effect on Property values and Scenic Views. The proposal will not have a detrimental effect on property values or scenic views in the area. 4) The Effect on the Comprehensive Plan. The proposal will not have a detrimental effect on the City's Comprehensive Plan and Development Framework. In the future, the Planning Commission should consider expansion of churches, schools and other public or semi-public operation when formulating goals and policies for the City. CITY COUNCIL OPTIONS: o A. The Andover City Council may approve the Special Use Permit requested by The Meadow Creek School to allow for the expansion of school enrollment from 445 to 650 over the next five (5) years on property described as: o Page 3 Meadow Creek School SUP November 7, 1989 The south 1316.20 feet, measured at right angles to the south line, of that part of the southwest 1/4 of the northwest 1/4 as measured at right angles to the east line thereof, in Section 33, Township 32, Range 24, Anoka County, Minnesota, except the south 360 feet of the west 240 feet as measured at right angles to the south and west lines thereof. The Council finds that the proposal meets the minimum criteria established in Ordinance 8, Section 5.03 for granting Special Use Permits, including: no significant detrimental effect on the health, safety, morals and general welfare of the community; traffic and parking conditions; property values and scenic views; and the Comprehensive Plan. The City may place reasonable restrictions on the proposal including but not limited to: 1. The Meadow Creek School will pay appropriate Sewer and Water user fees based on total school enrollment. 2. The permit will be reviewed annually to ensure compliance with all City Ordinances. B. The Andover City Council may deny the Special Use Permit requested by The Meadow Creek School to allow for the expansion of school enrollment from 445 to 650 over the next five (5) years on property described as: The south 1316.20 feet, measured at right angles to the south line, of that part of the southwest 1/4 of the northwest 1/4 as measured at right angles to the east line thereof, in Section 33, Township 32, Range 24, Anoka County, Minnesota, except the south 360 feet of the west 240 feet as measured at right angles to the south and west lines thereof. The Planning Commission finds that the proposal does not the minimum criteria established in Ordinance 8, Section 5.03 for granting Special Use Permits, including: a significant detrimental effect on the health, safety, morals and general welfare of the community; traffic and parking conditions; property values and scenic views; and the Comprehensive Plan. C. The Andover City Council may table the item. o o o Page 4 Meadow Creek School SUP November 7, 1989 PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the request at their October 24, 1989 meeting. A public hearing was held and no opposition was heard. The Commission unanimously recommended approval of the request with the above restrictions. STAFF RECOMMENDATION staff recommends option #1 Fi @ CITY of ANDOVER sup . t'\. 1685 CROSSTOWN BLVD. N.W. ANDOVER. MINNESOTA 55304 ~;/mt!/?dtd (V . SPECIAL USE PERMIT REQUEST FORM property Add"ress ~A.~u..J Cv-ee.t. Scl.oo C Legal Description of property: '3>0'31 tv.1)) 1 8UN}::.esrLp..~ LSL.u-D (Fi11 in whichever ~s appropriate) Lot Block Addition plat parcel PIN (If metes and bounds, attach the complete legal) Reason for Request Fvl\-TiM-e.. S~l G"-lro(\Vr\..~'t ~ 41::.7)10 C9 f;'D a Section of Ordinance Current zoning 'Q.-l ********************************************************************** Address Name of Applicant Vllt-J J'ac.obc'\cu I I ~2b UN\ \leJl;i-r-t -k~ Home 'hone ~~~ Signature _ _ _ Business Phone <[. (1/ -~I '2) Date IO'-~-l5S ********************************************************************** property Owner (Fee Owner) (If different from above) Address ~/rt Business Phone Home phone signature Date ********************************************************************** 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. O. '.'Th~na~e s~~and-'adcfress'e.'.'. 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(612) 755-5100 CITY 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, October 24, 1989 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to hear the request of the Meadow Creek Church for an Amended Special Use Permit to expand the Christian School, from 450 to 650 students, at the property described below: The south 1316.20 feet, measured at right angles to the south line, of that part of the southwest 1/4 of the northwest 1/4 as measured at right angles to the east line thereof, Section 33, Township 32, Range 24, Anoka County, Minnesota, except the south 360 feet of the west 240 feet as measured at right angles to the south and west lines thereof. (Property address: 3037 NW Bunker Lake Boulevard) Written and verbal comments will be received at that time and location. '/~.~ iA Victorla Vol - City Clerk 1.0 ,; MCLaughlin 159 Bu~ker Lake Blvd ndover, MN 55304 Paul Redhead 3160 Bunker Lake Blvd Andover, MN 55304 ~as Rooney 1 Bunker Lake Blvd ndover, MN 55304 Floyd Rooney 3124 Bunker Lake Blvd Andover, MN 55304 teven Serreyn 3060 Bunker Lake Blvd ndover, MN 55304 Melvin Maki 3048 Bunker Lake Blvd Andover, MN 55304 on Swartzenduber 3024 Bunker Lake Blvd ndover, MN 55304 Gerald C1earence 13634 Heather St Andover, MN 55304 onald Novak 13632 Jonquil st ndover, MN 55304 Keith King 3143 - 136th Avenue Andover, MN 55304 Anoka-Hennepin School #11 11299 Hanson Blvd Coon Rapids, MN 55433 ichael Phillippi 31/\- 136th Avenue n...:~er, MN 55304 o Stephen Ghizoni 3148 Bunker Lake Blvd Andover, MN 55304 Joseph Theroux 3112 Bunker Lake Blvd Andover, MN 55304 Keith Mundinger 3038 Bunker Lake Blvd Andover, MN 55304 Michael Koss 13641 Jonquil st Andover, MN 55304 William Young 3149 - 136th Avenue Andover, MN 55304 woodland Development 830 W. Main st Anoka, MN 55303 fT - - ------ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUEST OF THE MEADOW CREEK SCHOOL TO ALLOW AN INCREASE IN ENROLLMENT FROM 450 - 650 STUDENTS ON PROPERTY DESCRIBED AS: THE SOUTH 1316.2 FEET, MEASURED AT RIGHT ANGLES TO THE SOUTH LINE, OF THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF, SECTION 33, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, EXCEPT THE SOUTH 360 FEET OF THE WEST 240 FEET AS MEASURED AT RIGHT ANGLES TO THE SOUTH AND WEST LINES THEREOF. WHEREAS, the Meadow Creek School has applied for an amended Special Use Permit to increase school enrollment from 450 - 650 students on the above described property, per Ordinance 8, . Section 7.03; and WHEREAS, the Andover Planning and Zoning Commission reviewed the request and held a public hearing at their October 24, 1989 meeting, and no public opposition was heard; and WHEREAS, the City Council found that the request will not have a significant detrimental effect on the health, safety, morals and general welfare of the community; and WHEREAS, the Council found that the request will not have a significant negative effect on property values or scenic views in the area; and WHEREAS, the Council found that the request will not have a significant negative effect on the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the amended Special Use Permit request of the Meadow Creek School for the proposed enrollment increase from 450 - 650 students on the above described property. The City Council has agreed to the following conditions for the permit: 1. The Meadow Creek School will pay appropriate sewer and water user fees based on total school enrollment. 2. The Special Use Permit will be reviewed annually to ensure compliance with all City Ordinances. Adopted by the City Council of the City of Andover this 7th day of November, 1989. CITY OF ANDOVER o James E. Elling - Mayor ATTEST: Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 7 November 1989 AGENDA SECTION NO. Discussion Items DATE ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Zoning/Planning ~~y\ 3. 17762 Round Lake .l~ I Boulevard (Lundby) BY: d' Arcy Bosell ~ J In Re: 1.77b~ NW Round Lake Boulevard (Lundby) Lot Split Request BY: The Planning & Zoning Commission at their regular meeting on October 24, 1989, considered the Lot Split Request of Larry and Catherine Lunday on property located at approximately 17762 NW Round Lake Boulevard. The request, as presented, meets the criteria of Ordinance No. 40 and is subject to park dedication fees. As the matter was discussed at the Planning & zoning Commission meeting, there evolved a concern raised by Todd Haas, Assistant City Engineer, about the future of the area and the possible extension of 178th Avenue, the connection of Orchid Street and/or the extension and construction of 179th Avenue. There were many issues raised by both the Commission and the applicants. Attached to this recommendation please find several drawings which depict some of the options as seen by the Engineering and Planning staff (Options No.1 and No.2). Also attached please find a proposal which reflects the criteria set out in Ordinance No.8, Section 4.04 which deals with existing lots of record ... (Option No.3). When all is said and done, the Lundby's would prefer the Lot Split as proposed and depicted on the drawing prepared for that configuration. The recommendation of the Planning & zoning Commission is paraphrased below (the meeting minutes are not available at the time of the preparation of the packet materials) and comes to the City Council with a recommendation to deny by failure of the vote. COUNCIL ACTION MOTION BY o TO SECOND BY o Page Two In Re: 17762 NW Round Lake Boulevard (Lundby) Lot Split Request (Vistad/Sabel) Recommend approval of the lot split request at 17762 NW Round Lake Boulevard to subdivide a 2 1/2 a. parcel to the north requested by Larry E. and Catherine A. Lundby on the property described as "that part of the East 660 feet of the Southeast quarter of the Northeast quarter of Section 5, Township 32, Range 24, Anoka County, Minnesota, lying South of the North 110 feet thereof and lying North of the South 560 feet of said Southeast quarter of Northeast quarter, and, The North 110 feet of the Southeast quarter of the Northeast quarter of Section 5, Township 32, Range 24, Anoka County, Minnesota, except the North 29.7 feet as measured along the East and West lines of said Southeast quarter of Northeast quarter" creating Tract C with 350' of frontage on Round Lake Boulevard and 312' of depth. (See attached survey.) A public hearing was held and there was no opposition; the request meets the requirements of Ordinance No. 40 in that each parcel meets the zoning district requirements as to lot width and depth; the request does not violate the spirit and intent of the Comprehensive Plan; and the request is subject to park dedication fees. Motion failed on 3 yes/4 no votes. The reasons for denial were that the request does not allow for the extension of 178th Lane to the east to connect to Round Lake Boulevard and inhibits orderly extension of streets in the area to allow for another point of access to the properties immediately to the west of this property; that the extension of 178th Lane would allow for safer traffic flow along Round Lake Boulevard and disburse the need for stacking of cars waiting to turn onto 175th Lane and then proceed to the east and north; and that the opportunity for extension of 178th Lane should be considered prior to any additional construction as it is more difficult to accomplish this extension once homes are constructed on the property. Also discussed was the connection between Orchid Street across the Visneski property and that at such time as this property is further developed, that connection be accomplished. o Planning and Zoning Com mission October 24, 1989 Meeting Minutes Page Five Motion will be forwarded to City Council for discussion during 11/07/89 meeting. o Commissioner Ferris requested City Building Inspector visit property before 11/07/89 City Council meeting. In conclusion, Commissioner Ferris suggested applicants attempt to establish/ maintain rapport with neighbors. ~ Lundbv Lot Split Reauest d'Arcy Bosell presented request as outlined in 10/24/89 Request for Planning Commission Action memo. Ms. Bosell noted that Paragraph four of request should read Ordinance 40, not Ordinance 4. The applicants, Mr. and Mrs. Lundby, were present during discussion. Commissioner Vistad stated that constructing a road will put unnecessary expense on applicants. Commissioner Ferris stated a road will be necessary to accomodate emergency vehicles and as an emergency exit. , MrS. LundbY stated emergency access is adequate. Mr. Blake explained that road would not be constructed until development is platted. commissioner Sabel asked why map shows a 7S' wide lot. Mr. Lundby explained his parents owned property for many years. They sold strip of land to neighbor who built closer to lot line than "comfortable." Mrs. Lundby said construction of road will leave them with a small unusable portion of lar..d. Bosell said steps would be taken to have that piece of land become a buildable lot. Mrs. Lundby stated the additional traffic a road would bring will cause a hardship to Mr. and Mrs. Lundby. Mr. Ferris noted the amount of traffic that turns off County Road 9 onto l7Sth is also a dangerous situation. Mr. Ferris asked if proposed l78th extension has to be aligned. If street is jogged the small lot could be eliminated. Commissioner Spotts asked the approximate cost of extending l78th to Round La~e Blvd. Mr. Blake stated apprax4-"'te cost to prcperty owner is $25.00/foot. LunCby's own property on both sides of proposed road so cost will be approximately $SO.OO/foot. commissioner Peek asked if subdividing can be done to comply with existing ordinance. Bosell stated it can. o cont I d. . . Planning and zoning Commission October 24, 1989 Meeting Minutes Page six o Mrs. Lundby stated if road is required through she and her husband will not subdivide property. Mrs. Lundby reiterated that road would create a hazard. Property has many pine trees and traffic would increase likelihood of fire (careless smokers, etc.) Commissioner Vistad believes proposal is an improvement because it brings more of land into compliance in regard to minimum frontage, lot sizes, etc. Commissioner Vistad made a MOTION to open the Public Hearing. Second to motion by Gretchen Sabel. There were no resident comments. MOTION made by Vis tad a~d seconded by Jovanovich to close Public Hearing. Mr. Blake noted there is not a concept plan for this part of city. .commissioner Vistad stated it is most important to avoid more entrances onto Round Lake Blvd. Ms ... Bosell recommends planning and zoning Commission follow Saarenpaa Lot .split,' or accept this lot split .as request~d..: commissioner Ferris believes now is the time to set aside easement. Bosell.also noted this request is subject to Park Dedication Fee. Mr. Spotts asked the Lundby's what their feelings are regarding easement, road, etc. Mr. and Mrs. Lundby stated they will not follow through with lot split if road or easement is required. commissioner vistad made a MOTION that the Andover Planning and Zoning Commission re~~~d to 'the l1-=.dove.r City Cou...~ci1. approval of t...~e lot split request at ~7762 Round Lake Blvd., N.W. to divide off 2~ acre tract parcel to the north by Larry E. and Catherine A. Lundby, legal description as attached, including scale drawings and proposed land survey. Request is to create Trace C - 350 feet frontage on Round Lake Blvd. and 312 feet deep; create Tract B - 300.7S feet on Round Lake Blvd., additional infor:na.tion on survey. A Public Hearing was held, there were no objections. Plat does comply with requirements of Ordinance 40. Parcels .meet requirements of zoning district and meet minimum lot depth and width, and do not violate intent of Comprehensive Plan. Subject to Park Dedication fee. Second to motion by Gretchen Sabel. Commissioners were polled for their vote on motion as follows: Oppose Vis-=ad Ferris Peek Jovanovich Favor Sabel Spotts Pease o Mr. Vistad stated for proper planning, l78th Lane should be planned for a cont'd... planning and zoning commission October 24, 1989 Meeting Minutes Page Seven o 66 foot easement for future emergency vehicle and regular transportation into area west of property. Current request as proposed does not plan for future expansion. Mr. Ferris noted that expansion of 178th Lane would lessen congestion at 175th. Ms. Sabel stated connecting Orchid through Vine ski property would address traffic concerns. If l78th is run out to Round Lake Blvd., a problem will occur when 179th comes in from the east. These two streets would be "off" one block. Chairman Pease stated the application does meet Ordinance 40 and there is no direction or concept for this portion of Andover. This item will be presented to Andover City Council at their 11/07/89 meeting. Public Hearing, Meadow Creek School Amended Special Use Permit The Andover Planning and Zoning commission was asked to review the Amended Special Use Permit re~~est of the Meadow Creek School to allow the exp~~sion of the enrollment of the school from 44S to 6S0 over the next 5 years. Mr. Don Jacobson was present to represent Meadow Creek School at meeting. The city staff recommendation is to approve with restrictions the request for Amended Special Use Permit. Mr. Jacobson stated the school will maintain firm policy of no more than 25 children per class room. The request for enrollment of 6S0 students is based on reasonable projections made by school. MOTION made by Ron Ferris to open Public Hearing. Second to motion by Commissioner Vistad. No resident comments were made. MOTION made by Ron Ferris to close Public Hearing. Second to motion by Wayne Vistad. Public HeCU"i..~g closed. MOTION made by Bev Jovanovich that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the Special Use Permit for Meadow Creek School to increase full time student enrollment from 4S0 to 6S0 students. The proposal meets the minimum criteria established in Ordinance 8, Section 5.03 for granting Special Use Permits. Proposal is not detrimental to the health, safety, and general welfare of the occupants of su==ou.,~i..."'lg lands, exis"ti.."'lg and. anti......;patec. traffic a..,,:d parking conditions; property values a~d sce.~ic views. It is in harmony with the Comprehensive Plan. A Public Hea.ri...~g was held and ~"'ere was no. opposition. The following rest=ictions will apply: 1. The Meadow Cree.~ School may expa'1.d enrollment per the following schedule: o School Year 1989-1990 1990-1991 *1991-1992 *1992-1993 **1993-1994 Enrollment 450 47S SOO 525 650 cont'd... o o Attached are two alternate drawings for lot splits submitted for the Lundby property by the city staff. Currently, the existing east end of 178th Lane NW in the Njordmark Dale subdivision is a dead end. The two drawings show possibilities for improving traffic flow in the area. Option *1. Creating a cul-de-sac at the east end of 178th Lane and split off a 2.5 acre lot. The advantages to this are as follows: a. Snowplowing. b. This will eliminate additional traffic interruptions onto Round Lake Boulevard. As you know the traffic volumes are increasing as development occurs. c. This also provides a buffer from noise associated with Round Lake Boulevard. Option *2. Extending the existing 178th Lane NW from Njordmark Dale Subdivision north to the north property line of Lundby to the possible future street of 179th Avenue NW. This alternative allows the Lundby's to immediately split the lot and reserves right-of-way for Narcissus Street and future 179th Avenue. The placement of 179th Avenue has advantages as the design would create better sight distance onto Round Lake Boulevard. Also, traffic from the adjacent developments would create one access point to Round Lake Boulevard which may warrant traffic control at the intersection at some time in the future. Drawing 2 would require the structure to front onto future 179th Avenue NW. This is allowed by ordinance only if 179th Avenue is built at some time in the future. .. " I I I I I I I I I I I I I 1.._ 1:.:'-... <:he possibility as drawn by Assistant City Engineer 'Ibdd Haas. Note:: There ~u1d r. e variances required. t?rch/d .5'1. .AI. J1I. ~~ o --_--.& ..: :.~ --- -----, I I I I I I I ., I '..),..} ,- , , t. , \",. ....I ,..\ ,~ .,,~, \ .' , r'J 1-, ,..W~~lli".: ,,/, Easel '".:"() ~.:f ~.. "f~ IJ,~ $G ~ ,,'~ NE" ~ , , , A/()I(T II ------.f78. ~~ ...-. 100' aiL I I I I ~ ~ \-'--1-"- ...........-' ..:, ", \i ; " ...1 .... ,\}~ ... v~ 't 1 '" ......' .. \ " -../,\..1 I' --~T ~ !'\; : , "":':' .... ...., ~ ~..... .... " ,~ ~ ~ ';' ~ . : :>;: , . ~ ~ ~I t......, . .... ~ ~\ C........,.. '.l\ \.~ " ,\".s- \..... . ":t\ '\j i ~ 8' .~ ~. '" . , " , : ~ : ~ ....' ..f'bl.lNO LAX': 8~ va. AI. W I . ZSD' I , . I ~ ~ '<> ~ ~ ~ ~ "::. q. "!< .... J-~ !\l ~ ( .... "'It' f;' f\l ). VI c fJ.J ~ fg '" . . . i : . ~: ~ ~~ ~ ~~ ~ .... - ~~ ~: . . . IDJ' . 1'... .~:. ~:- o , .~;~--. . - - "-~} ....Ce. ,..,.,:l T Novem e:j:' 89:" Assistant Engineer's Proposal and subsequent discussion. I I , i as a result of P & Z Meeting . Iou' )( .7dQ.?.f ~/z..' ~~_. ',> JMJ :1z. UI , Alwy. #4. 9) :if .. : l~~7 f " <J '__00, 0. I I I I I I I I I I I I I 1 ~ &'''--...1 One possibility as drawn by Assistant City Engineer __ __ ___~ 'Ibdd Haas. Note:: There ~d 0" e variances required. (/rch':o' .5"1..AI. k/. ~ .:"~ . .. ( ". ". : ~i ... ~" ~ ~~ ~ "'. - .~~ ~: . , , o. , , " , : ~ : ~ ..-.', I '~) :-., r".1 ," , , t, , \,t "..I ,"" ,,~ '" \.. ....\ I " " . ~ ~ ...W~S'II;n~ ,,/, Easel ,,~tJ I'ul : ",' IJ,~ $E I'.:r "t' IVc y~ '; A/(MT/? " - .----5"78.'.7 ...-- ).~ -1(\ ). ~ fill" . :i'~ :"'a;" ~:- tt()l?tt~h Nc;~ 2 . ";j "7 Novemoer 19_89- City Planner's Proposal as a result of P & Z meeting and subsequent discussion. . '<XoI )( .3/Z-' .!Id<7. ?or K'bl/NO LAKE 8.t. va, AI. W au.' ',. ... ;;; ~ ".': .0,'" \.'.;~"...~'~'.' : -:O~.. ,. \, t.. ~,~ -I .......'..1 ~ ~: . ,".. \): ~ ~ ~ " \..~..~ ...., ~ ..... ..\"" .... .)-0 ~~ ", \".. '" '''~ " ::::: .. ~ ....\.. I <s ~ \, .....,,, . -..h.....' ~ i I , ~ .... " ~\ \'--. '1\' .\.~..~.ll~~" '. ~. . t,. "2.SlJ' !-> " ... I , <: I , , , ~. ~. '<> G' ~; () : ... : ;t\ ~~ ,. ~~ '"' J5d.O (\ '- Zdo' (YJIV:J.S !i1st;2))V N ~ ~ "'<: i\ u 00, ...... ~ ~ "- .:> ~ ~ ~ Cl'\ I ~' I --- ----, I I I I I I I " 11' ;r-, j ...... ~ <:\l' I'" )-~ -1(\ ). or- ofd. 7.5 r ~~ .~......~ ~l:: ~ )~..... ... " .... !'o <> ~ i I '" ' , I!.'~"~ I :1z. UI ,I A!wY. Ald. 9) 298.17 I j --t- --,. --1-------:: . , -0 ~ I I 1 I I I I I I ",I ~I ~' I KI Ir,' v I " I ~ 1 ~::t:'- ~\-.;" I ~;S~ I !~~ ..~--.,,-I lit"J' -..(" ;; ~ I ~. .. ;1 ~I 1-1 .~ I ~I '" ", ~ I '" I I 1 I I I I 3/~.O "t\ N .;. OJ' 'Q' , ~ ,~ ~ ~ ~, { ,,4""" ^. / -.;' .' . . / , ~ -. "l ~ ~ ~ /pO" ",? ZZS' . , , , J .: Nor fh ----- t: t:o. OJ =~~_-:.---- ------------="~,>.-c.=~.c -~~~="<, ,..v#9~ 2~'W //n~ 0/ Ih,~ S'oClI/1 56'0 1lJ. 1)/ fh~ .5'E Y.,. 0/ AlE Y4 Option No. 3 based on Ordinance No.8, Section 4.04 Lot Provisions CAr ~ ,.. Tr.2." -- n (,,,.,./ ... - :T--~-- ~{I I ~ 1 5,1 ~.l 5tJ '1 i .f'~ ~'r ?'" rter DC nr.O 1.0 Ii.a Minimum area is met Lot Width (60% of 300' is J80') and . I t ,'.'1'. !." ..' . ,'" "" ~': l1. '.'11"\',';'. C',lfl, ." f'!:" ~ Jo' ;'\ th~s request meets that ...,.'''.,'' ,,',' w...."'.."'..,...".,,.....,'.. ,'1,"" cri teria. Il\m 1.t 0.1.'\ 11"01' rtt~~11 t.\:..:! :110:'\'';')'07.' \.0'"=1''' "'I" l:I,'.~. Ilf.t1'''St.,'''')ltl'''no!tC!t,~ .t:......'r .L. n". Itf-.1.:#-1_.. 0"". N... _ff~~ _.__ E.q, RUD f~ SONS LAND BURVE YOIRG . 95C,0 Le)(in1!on Awe.NI:. Circle PintSJ Mirmeso/a 5- Tt !whone 19(: - .'i.'i' r; c: ~iortl1cast f;ounl:y, a I Ol1fj the ot'Ll1cnst [, o (/-at -/'f / ) mil? . 02' /;t 0..1 cnr.n .tf!f-'. bu?) I 1"- o Ordinance No.8, Section 4.04 (C) Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Inspector. (D) When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. (E) Whenever a non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the structure is fifty (50%) percent or more of its fair market value (as estimated by the Building Inspector), in which case the reconstruction shall be for a use in accordance with the provisions of this Ordinance. (F) Whenever a lawful, non-conforming use of a building or structure or land is discontinued for a period of one (1) year, any future use of said building or structure or land shall be in conformity with the provisions of this Ordinance. (G) Any non-conforming open use of land lawfully existing upon the effective date of this Ordinance may be continued for a period of three (3) years after the effective date of this Ordinance, whereupon such non-conforming use shall cease. (H) Normal maintenance of a building or other structure containing or related to a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non- conforming use. (I) A lawful non-conforming use may be changed only to a use of the same or more restricted classification. (J) Alterations may be made to a structure containing non- conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or expand the existing bulk of structure. Lot provisions (A) A lot or parcel of land for which a deed or contract for deed has been recorded in the Office of the Anoka County Recorder upon, or prior to, the effective date of this Ordinance shall be deemed a buildable lo~provided it has frontage on a public street right-of-way which has been accepted and is currently maintained by the city~an~aid space requirements for the district in which it is located can be maintained or adjusted to conform as follows: a lot or parcel of land of record upon the effective date of this Ordinance which is a Residential District and whic~oes not meet the requirements of this Ordinance as to area, widtn) or other open space, may be utilized for single family detached purposes provided the measurements of such ~, Page 21 ~ Ordinance No.8, Section , CVl4:!..' /08; ifffD )( 00 t7u; .width and yard space are wi thin sixty (60%) percent of the ~~.~ requirements of this Ordinance; but said lot or parcel shall } / ~O,.. not be more intensively developed. (8B, 9-21-76; 8F, 2-19- '1~u_"' ',"-' .,......80) ~/~ . (B) Except in Planned Unit Developments there shall be no ~~~'x hO~o ~ more than one (1) principal building on one (1) lot in all /gO' residential districts. (C) An access drive to every pr~ncipal building shall be provided and constructed according to minimum standards of City of Andover when such building is three hundred feet (300') or more from a thoroughfare or street. (D) Access to any street shown on the Adopted Major Thoroughfare Plan shall require a curb curb permit as issued by the City Building Inspector. (E) If any plat, for which preliminary approval has been granted by the City Council on or before October 21, 1970 is finally approved and filed on or ,before October 21,1971, lots contained therein shall be deemed buildable lots and the provisions of Section 4.04 shall apply. In all other cases, the provisions and requirements of this Ordinance shall apply. 4.05 Accessory Building and Structures (A) No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Special Use Permit. (B) No accessory building in a residential area shall exceed the height of the principal structure except subject to Section 4.06 (F) and Section 8.21. (1) The accessory buildings on a residential parcel with a lot area of five (5 a.) acres or less, but more than one (1 a.) acre, shall not exceed the total square footage of land cover of the principal structure. (2) The accessory buildings on a residential parcel with a lot area of one (1 a.) acre or less, shall not exceed seventy-five (75%) percent of the square footage of land cover of the principal structure. (8U, 7-19-83) (C) When a private garage is oriented so as to face onto a public right-of-way it shall not have less than the minimum required setback for the principal structure as measured from the lot line. (D) Accessory buildings in the Residential Districts may not be located within ten (10') feet of the side and the rear lot line. o (E) Accessory buildings in the "Business" and "Industrial" Districts shall not be closer than thirty (30') feet from side and rear lot lines subject to provisions for abutting residential zone provided herein. Page 22 o CITY OF ANDOVER REQUEST F,ORPLANNING COMMISSION ACTION AGENDA ITEM 5. 17762 Round Lake Lundby Lot Split Public Hearing Blvd. Reques~ DATE ORIGINATING DEPARTMENT Planning/Zoning 24 October 1989 BY: 17762 NW Round Lake Lot Split Request The request submitted by Larry and Catherine Lundby requires consideration under two (2) Ordinances and must meet the lot provisions of the zoning Ordinance as well. d'Arcy Bosell ~~ APPROVED FOR AGENDA BY: In Re: Boulevard (Lundby) First of all, the property in question is three separate parcels of record and in theory, they are all being combined into one parcel, then one lot is being created and the resultant parcels are increased in size but does not create any additional parcels. Confusing ... you got it. The easiest way to describe what has occurred is to provide colored maps showing the "before and after". Those are attached and I am hopeful what is occurring will be clear. when all is said and done, the request meets the criteria of Ordinance No. 40 as each parcel meets of exceeds the zoning district requirements, the parcels meet or exceed the minimum lot width and depth, and do not violate the spirit and intent of the Comprehensive Plan. Todd Haas, the Assistant City Engineer, poses the following question, however ... would it not be good planning to extend 178th Lane east to intersect with Round Lake Boulevard? Pursuant to Ordinance No. 10, Section 14, it states in part n... such new property descriptions may be approved by the zoning Administrator if the resulting configuration will have no adverse effects on surrounding property.n Further, Ordinance No. 40 at Section III(C), it states nThe division of a lot may be recommended for approval provided that such split is in conformance with the City's Comprehensive Plan, does not interfere with orderly planning, is not contrary to the public interest, and does not nullify the intent of this Ordinance.n The question then is this: is the extension of 178th Lane in the public interest and approval of this lot split would interfere with the orderly planning of the City? o One further point to ponder is the front footage requirement. The zoning Ordinance requires that each R-1 parcel have three hundred (300') feet of front along a publically dedicated and maintained street. If we were to require the setting aside of a sixty-six (66') foot strip of land for the purpose of 'constructing 178th Lane, one or both of the lots as they would o Page Two In Re: 17762 NW Round Lake Boulevard (Lundby) Lot Split Request exist would have less than three hundred (300') feet of frontage and would require a Variance. When you look to the east at the development abutting this property, there is no through east-west corridor. Those persons wishing to head east must first head south to 175th Lane and then east to Round Lake Boulevard. This street extension would certainly accomodate that development and provide another point of access for those residents. This was also considered when the Saarenpaa Lot Split was brought before the City. I think there was an agreement reached with the property owner that the location of the structure would be such that the street extension would be protected. Perhaps something in that order could be done with this property also. Attached is a copy of the City Council minutes where discussion of this proposal was had and the consensus reached. Another question is: who pays for the construction of this road extension at such time as it is constructed and who determines when that need finally arrives? In the case of Saarenpaa, they would be assessed for the costs of that street extension at such time as it were to be constructed. From a planning standpoint, the best choice would be to require an easement for the extension of 178th Lane and require the newly created lot to front on that street extension with their driveway being located where the street would ultimately go. Then they would not need three hundred (300') feet of frontage along Round Lake Boulevard as it would be the sideyard and the minimum lot depth in that district is one hundred fifty (150') feet. This would then allow the southern-most lot to retain its three hundred (300') foot frontage as there are structures already on this parcel and it would not make much sense to require them to reconstruct a new driveway onto this proposed street extension. The other alternative would be to approve the request as presented and the property owner would then be required to prepare deeds for these newly configured parcels which would be approved by the City prior to recording. Another choice is to table the matter if there are questions which still need to be answered. o And finally, you could deny the request based on specific reasons why the request is recommended for denial. I would recommend the first alternative as the best choice but also feel that the request as presented would work for the City and the property owner. Q~ .. ~ '" ~ ...l a> '"' on "" on ... z iii o ~ "" "' ... ... :; u a: ... o z ::> :;; .... on '" u u ::> >- ,.: on '" Z ... x .... on ... '" '" .... z ;; u ... .... 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'" ... :J: '" ...l o " S '" '" on '" a: 9 ... --- ~ '8~Z 7;::::11 ~II '8000 ~. 17''!'7 '''58\,\''53 ""8~ .~ II II1"t'" ""E. ~I ~ ~" ~ ~II /7850 i /78:5 ,,;.,,, ~ /1S'" r--- . . --11 11,.,0 /11'J3 17796/ . ~ Ins !-l " ~ 177, " -~'7737- ~ . /7750 ~ ~. 17138 ~ . N N IH+I'\ /l..ve. NW. ~ 6. \''':~\ =, ~ "1,_~" ~ VI 1ft' r-. t: -zql2. ~ 175'IQ 1\ I 17510 175'D""~ ,^,,'J Il.l ~ ,1 1iI-'~:; yl ~ ~~ l~ ~ I14S' : NwJ ~~1,7; '4 Ii. .Il~ n", ~~ ' .i ....0- J7~ 'T t7357 ~ .. . ~ o ~ ~ I f I ~, ~ ~'1 ~ .. , .. " I I e .. " t :1; il 0\ : -- o ~:i'~T ' 17078 3'57 ~ Jo3!1 I 0+'" "' ,..0 .... I~O It'l 1lA5t lji I ~ 11ClZ5 '" ~ .. I~I W ;0 " ... II -> o ;; I>" ... 9 II ~ '7075 ~ < /70&0i' 28" \ \ t10i NW 2'63 30" ~U5" '''oz" '" 11()l. 170Z.S 110ZS ... " '" o '" i ., ~ N '''''1(" , Co" 1" ~ ~ ~ o '" ~ '" '" N ~ > '" N ~ '" ~ III If i .> Vii ~ ~ ~ ~ ;Ii l\' /'.. I ~ o CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 Lot Spli t It LOT SPLIT REQUEST FORM Property Address 17762 round Lake Elvd. N.W. Reason for Request To divide off a 2 1/2 acre tract for our daught~r, and to divide off a oarcle to be combind with an existine plAtt~d lnt Current zoning 19~3_ ********************************************************************** Name of Applicant Larry E. & Catherine A. Lundbv Address 17762 Round Lake Elvd. N.W., Andov~r, Mn. ~~10~ H~me Phone~'3~)( Slgnature ~ Business Phone 1..22-L..611 Date 10-6-89 ********************************************************************** property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone signature Date ****~***************************************************************** Attach a scaled drawing of the proposed split of the property showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within 100 feet. " "v The date the property became a lot of record, the names and addresses of all property owners within 350 feet of the property proposed to be split, and the complete legal description of the subject property must also be provided. I hereby certify that this property has last three years. not been subdivided within the ~~ Signature of Applicant o Filing Fee: $50.00 $10.00 Date Paid /()/~i~r Receipt It \19. fi1 I ( Lot Spli t Fee: Park Dedication: Date Paid Receipt It aA. ~i'lv:U/-/v""f /flY ~".,/Y&Y.f;{)/#E~ ~ ------ ..'::'''1. ~#IItI.t')I~~ ~UAY. ~ (2) ~ 1.11(7) . "'\ Go,tfG,? 0. f /?H66 hf. /Yytl?_A /g" . (10) (9) ~ I'w\ . , - , 5&.0 Existing parcels of record ~ /..1. '" * (J/ . . (/NJ) d'. .' u..-.y I. &,..,_1 &rKM"VIf,l. ~,.,,, . (;800) R.ay Eo ;e Fern... V. LCJndby (III) 3 f) , Q t\l l'\) ~ '(u;") (4) C/UI"A1C4 A. VJMJif "q,1,i~/" 5' M;AHK; ~ '" f5) (2Z.FO.) . C /"U.0''''<:"4 -"- F",Ppf/J..-/o? ..>. JI'/:r/1t:'.sA-i , , ~ ~ a.....,- ~. . "',.. .!o.:,;:.;;..:" .~~.::... :;:~ .... ~. .'\, .. .._.1....-: ;.t. :7' ; . ,:;:' .i~.:~~;f." "i ~ ~ \j: ~ l\I ;.. - . . ~ ':'::~.;~~~~ . '- > ...,~' l..... .- , ~ :~ ER , ,. .. ... ...,.,.... .;c.-:.;.... 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"> 90. ~A^ A_ ., o Regular City Council Meeting Minutes - August 2, 1988 Page 5 (Lund/s Evergreen Estates 5th Final Plat, Continued) MOTION by Orttel, Seconded by Apel, approval of the final plat of Lund/s Evergreen Estates 5th AddItIon developed by James Lund Company In Section 9 32 24 as presented with the following conditions: That all the streets In the plat, other than 168th Lane, be completed at .8 percent grade; that 168th Lane be completed at a minimum of 5 percent grade contingent upon the CIty Staff receIvIng confirmation from the pavIng contractor that shows a grade can be adequately maIntaIned. (See ResolutIon R173-88) MotIon carried unanImously. SAARENPAA LOT DIVISION - /~a;?8 /?~jh~aLu ~ Mrs. Saarenoaa - stated she did will not divide Into 2 1/2 acres. because they do not want to construct 400 feet of road. By doing a 5- acre splIt, they Just have to bring theIr drIveway off from the cui de sac. Mayor Wlndschltl was concerned about the contInuity of the streets, as It Is not logIcal to stop the future extension of 153rd. The Intent is that some day that road will come out to Nightengale. Councilman Orttel also noted with City sewer and water Just south of the City Hall, It Is important to plan a street for future planning. Jerrv Saarenoaa - stated they had origInally proposed a street through there. But they were told they could not do It that way wIthout constructing the road right now. And they do not want to do that. They also do not want to construct the 300 or 400 feet of that road at thIs time because It will cost them $15,000. CouncIlman Orttel stated the maIn concern is not to block that future street off. CouncIlman EllIng stated thIs proposal almost precludes 153rd Lane from ever coming through, asking If an easement could be dedicated for 153rd coming through. Mr. Saarenoaa - stated that Is a possIbilIty, though theIr proposal does meet the ordinance. Pianning Commission Chairperson Marge Perry stated the P & Z told them they could plat the property or split off a five-acre parcel by metes and bounds on the far end. CouncIl discussion was on the problem of buildIng off of stub streets without ever having to pay for the road. Mr. Schrantz proposed assessing for the use of the road or requiring a driveway permit or connection charge, so properties such as this don/t get a free ride. The CouncIl generally did not care for charging for the exIsting 153rd, but they did want to keep the access open such that the street could be extended some time in the future. o Council then suggested they dedicate the easement for 153rd on the proposed 5-acre piece, and the house would be located on eIther side of that easement with a cui de sac built Into the lot. When 153rd is extended, a lot would be created on each side and both would be assessed for that extensIon. .' o Regula~ City Council Meeting MInutes - August 2, 1988 Page 6 (Saa~enpaa Lot DIvisIon, Continued) M~s. Saa~enpaa- asked if they would be allowed to spilt if they maintained the setbacks as if it we~e on a 2 1/2-ac~e lot; and If they gave an easement fo~ 153~d. could they have theI~ d~Iveway th~ough the easement until the ~oad came th~ough, ~ecognizing they would be ~esponsIble fo~ Its maintenance. She also asked if it Is possIble to get a mo~tgage on the p~ope~ty if the~e is an easement th~ough it. Council noted the ~equI~ements fo~ a Class 5 d~iveway when It exceeds a ce~taln length. They also p~efer~ed the splitting of the fIve ac~es If the easement fo~ 153~d we~e dedicated and prope~ setbacks maintaIned f~om that easement. There would be no cha~ge to this p~ope.ty fo~ usIng 153~d. They dIdn/t thInk the.e would be a problem gettIng a mo~tgage on p~ope~ty that has an.easement. The Council also explaIned It has been the City/s policy not to const.uct st~eets unless the p.ope~ty owne~s petItion, so 153~d wouldn/t be built unless they, as p~ope~ty owne~s, asked fo~ it. They also questioned the $15,000 figu~e to const~uct the 300 o~ 400 feet of 153rd, guessIng it would be conside~ably less sInce only a tempo~a~y g.avei cui de sac would be needed at the end. Alan Saa~enpaa. Jer~v/s B~othe~ - stated if 153~d is a CIty street, why would the~e be a cha.ge to access onto the cul de sac, comparIng it to any othe~ lot that is along that ~oad which does not pay a fee to access onto It. CouncIlman O.ttel explaIned the develope~ was .equI~ed by the CIty to b~ing that ~oad up to se~ve that prope~ty, but that p~operty never paId for It because of the Intent lo extend 153rd In the future. A. Saarenpaa - asked the long range plan to bring sewe~ and wate~ to that p~operty. He explained the p~oblem he had in another city when he pu~chased a house and utilIties were assessed several months late~. Council discussIon noted the~e are no plans fo~ that a~ea at all, and the plans go to about the year 2010. But It Is the MetropolItan CouncIl that decIdes on when and where the sewer wIll be extended In the CIty based on demand or availabilIty. When the utilitIes do come through, the p~ope~ty owner pays fo~ all extensIons. The const~uctIon of st~eets depends on the development p~ocess and the property owne~. The Saarenpaas expressed ag~eement to dedIcatIng the easement fo~ 153rd through the mIddle of the proposed fIve-acre parcel, approxImatelY 400 feet. and buIlding to the sIde contingent upon being ., abl e to get a mortgage with that easement. o Jack McKelvev - said the neighbors have asked him to fInd out about the p~operty goIng back there. The people In that neIghborhood would rather see a street come through at 153rd Avenue along the powe~ lines rather than th~ough the middle of this p~ope~ty. Council noted It wIll be possIble to get lots on both sIdes of 153rd Lane. whIch is the logical extension of the street. r, o Regular CIty CouncIl MeetIng MInutes - August 2, 1988 Page 7 (Saarenpaa Lot DIvIsIon, ContInued) MOTION by Orttel, Seconded by Apel, that we refer the matter of metes and bounds lot splIts to the PlannIng CommIssIon for revIew wIth an eye toward adoptIng the CIty standards, and the CIty wIll review all lot splIts under 20 acres for the basis of guaranteeIng the integrIty of the routIng system. DISCUSSION: Mrs. Saarenpaa asked If they could buIlt on Outlot B If they buIlt ouch that the road could come through at some tIme In the future. CouncIl stated yes. MotIon carrIed unanImously. ITEMS 4G THROUGH 4J - ORDINANCES AND ORDINANCE AMENDMENTS Because these Items were dIscussed by the PlannIng CommIssIon at theIr last meetIng and the MInutes were not yet available, It was agreed to table them untIl the August 16 meeting. MOTION by Orttel, Seconded by Apel, that we table Items g, h, i, and J untIl the second meetIng In August. MotIon carrIed unanImously. ORDINANCE 78 AMENDMENT BuIldIng OffIcial Dave Almgren noted the amendment to OrdInance 78 to requIre the owner or developer of commercIal property to enter Into a sIte plan agreement wIth a cash deposit or letter of credIt as surety for the sIte Improvements. Mayor WIndschItl asked If there have been any prOblems wIth thIs. Mr. Almgren stated not much. Attorney HawkIns stated most of the other communItIes requIre some guarantee, as It Is no different than puttIng In roads, etc. Mayor WindschItl felt the controllIng factor here would be not to Issue a CertIfIcate of Occupancy untIl these Items are completed. After further dIscussIon, the CouncIl generally felt It would be better to evaluate the sItuatIon at the tIme a CertIfIcate of Occupancy Is Issued. If the sIte Improvements are not done when the CertIfIcate of Occupancy Is to be Issued, an escrow would need to be deposIted for the uncompleted work. ThIs gIves the owner/developer a chance to complete the work fIrst wIthout havIng to deposIt an escrow or bond for It. CouncIl dIrected that change be Incorporated Into the Amendment, wIth the Item put on the next Agenda for further consIderatIon. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nn"pmhpr 7. 1QAQ AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT Planning (~ BY' Jay Blake, p~e' ITEM Commercial Blvd. NO. Alignment REQUEST The Andover City Council is asked to discuss the future alignment of Commercial Boulevard from Hanson Boulevard to the Heidelberger property. John Rodeberg will prepare a summary document for your review. COUNCIL ACTION SECOND BY MOTION BY o TO ri o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE N'nua.mha.r 7. 1 9~9 AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT Planning ITEM Amended CDBG Grant NO. Agreement Jay Blake BY: BY: REQUEST The Andover City Council is asked to review and approve the amended Community Development Block Grant Agreement. I spoke with JoAnn wright regarding the amendment and she stated that it would not significantly change any part of the current process. The only change in the agreement is that the agreement says that we have a signed agreement with Anoka County. Typical CDBG! COUNCIL ACTION SECOND BY MOTION BY o TO o o ADDENDUM TO JOINT COOPERATION AGREEMENT THIS ADDENDUM, made and entered into this _ day of 1989, (the date of the signatures of the parties notwithstanding) by and between Anoka County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County", and th~ City of . Minnesota, hereinafter referred to as "Municipality", said parties to this Agreement each being governmental units of the State of Minnesota, and is made pursuant to Minn. Stat. ~ 471.59. WITNESSETH: WHEREAS, the parties entered into an agreement under' Title I of the Housing and Community Development Act of 1974, as amended, to' provide for a program of community development block grants; and, WHEREAS, the parties wish to amend said Agreement; NOW, THEREFORE, in consideration of the mutual covenants and understandings contained herein, the parties agree that said Agreement be and hereby is amended as follows: The parties agree to add the following Paragraph H to Section V., Special Provisions: H. The parties agree that pursuant to 24 CFR 570.501(b), the Municipality is subject to the same requirements applicable to subrecipients, including a written agreement as set forth in 24 CPR 570.503. Such agreements are only entered into when a Municipality chooses to propose a project and actually will receive funds from the County's entitlement allocation. 1\:\ \:.Y o IN WITNESS~ WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and delivered on its behalf this day of 1989. COUNlY OF ANOKA CI1Y OF By: By: Dan Erhart, Chairman Anoka County Board of Commissioners Title: Dated: Dated: ATIEST: By: By: Title: John "Jay" McLinden Dated: Dated: CIlY MUST CHECK ONE: The City is organized pursuant to: Plan A Plan B Chartered Upon proper execution this Agreement will be legally valid and binding. Assistant Anoka County Attorney Dated: APPROVED AS TO EXECUTION: Assistant Anoka County Attorney Dated: o DV\CONTRAC1\JTCOOPER.AG1\lO.24-98\KH - 2 . (j) .- -:\ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nnv~mh~T'r 1QAq AGENDA SECTION NO. Staff, Committee, ORIGINATING DEPARTMENT Engineering ITEM NO.6. Gopher state One Call BY: To The City Council is requested to receive information regarding Gopher state One Call. This is required by Minnesota Statutes Law S216D. The City will be receiving location calls as part of this One Call system. The first 30 calls of each month are free of charge. Additional calls beyond 30 will require a surcharge of $2.50 per message. If we receive many more calls than the 30 free calls, it may justify the purchase of a telephone activated printer to receive the messages. We don't have any idea how many calls we .will receive. Other cities receive a lot of calls. For example: Anoka - $250/mo.; Blaine - 15 to 30/day; Coon Rapids - 15 to 40/day. MOTION BY o TO COUNCIL ACTION SECOND BY OFFICE OF PIPELINE SAFETY MARKET HOUSE 289 EAST FIFTH STREET ROOM 130 ST. PAUL. MINNESOTA 55101 TELEPHONE: (612) 296-9636 o STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY DATE: JULY 27,1988 RECE'VEO I JUN 1 5 19891 CITY OF ANDOVER TO: All Underground Operators FR0l>1 : William Barbeau, Director, OPS SUBJECT: Gopher State One-Call, Inc. In response to a serious pipeline accident in July of 1986, Governor Perpich created the Minnesota Commission on Pipeline Safety to review and recommend federal and state law, and/or rule changes that would enhance public safety. The Minnesota Legislature, in 1987, mandated a Commission recommendation for a statewide one-call notifi- cation center. Enclosed in this packet is introductory information for your review. As the state agency responsible for implementing this new law, I wanted to make sure you understood the rationale for the act and are fully aware of your responsibilities. The Commission on Pipeline Safety learned that 40% of all pipeline accidents are caused by third party damage. The body of thought throughout the United States indi- cates that a statewide one-call center enhances safety. Other states with one-call centers operating have shown a decline in loss of life and property loss because of the one-call system. It is clear from the legislative act that every underground facility operator must partici- pate in and share in the cost of this center. Further, failure to participate in the system can lead to serious liability implications for your operation. Finally, federal legislation is presently moving through Congress requiring states to mandate one-call notification centers. Your support of this program will go a long way toward saving lives, protecting the environment, and lessening property loss, and pro- tecting your liability. WB:ps o AN EQUAL OPPORTUNITY EMPLOYER CHAPTER 216D. MINNESOTA STATUTES ONE CALL EXCAVATION NOTICE SYSTEM Section aD.01. Definitions. . .02. Notice to excavators and underground facility operators. .03. Notification center. 216D.04. Excavation. 216D.05. Precautions to avoid damage. 216D.06. Damage to facilities. 216D.07. Effect on local ordinances. 216D.01. Definitions Subdivision 1. Applicability. The definitions in this section apply to sections 216D.Ol to 216D.07. Subd. 2 Damage. "Damage" means: (1) the substantial weakening of structural or lateral support of an under- . ground facility; (2) penetration, impairment, or destruction of any underground protective coating, housing, or other protective device; or (3) impact with or the partial or complete severance of an underground facility to the extent that the facility operator determines that repairs are re- quired. Subd. 3. Emergency. "Emergency" means a condition that poses a clear and immediate danger to life or health, or a significant loss of property. Subd. 4. Emergency responder. "Emergency responder" means a fire department or company, a law enforcement official or office, an ambulance or other emergency rescue service, or the division of emergency services created by section 12.04, subdivision 1. Subd. 5. Excavation. "Excavation" means an activity that moves, re- moves, or otherwise disturbs the soil by use of a motor, engine, hydraulic or pneumatically-powered tool, or machine-powered eqUipment of any kind, or by explosives. Excavation does not include: (1) the repair or installation of agricultural drainage tile for which notice has been given as proVided by section 1161.07, subdivision 2; (2) the extraction of minerals; (3) the opening of a grave in a cemetary; (4) normal maintenance of roads and street if the maintenance does not change the original grade and does not involve the road ditch; or (5) plowing, cultivating, planting, harvesting, and similar operations in con- nectio(l with growing crops, unless any of these activities disturbs the soil to a depth of 18 inches or more; or (6) landscaping or gardening unless one of the activities disturbs the soil to a depth of 12 inches or more. Subd. 6. Excavator. "Excavator" means a person who conducts ex- cavation in the state. Subd. 7. Local governmental unit. "local governmental unit" me- ans a county, town, or statutory or home rule charter city. Subd. 8. Nollftcatlon center. "Notification center" means a center that receives notice from excavators of planned excavation and transmits this no- tice to participating operators. Subd. 9. Operator. "Operator" means a person who owns or oper- ates an underground facility. A person is not considered an operator solely because the person is an owner or tenant of real property where underground facilities are located if the underground facilities are used exclUSively to fur- nish services or commodities on that property. Subd. 10. Person. "Person" means the state, a pUblic agency, an in- dividual, corporation, partnership, association, or other business or public entity or a trustee, receiver, assignee, or personal representative of any of them. Subd.11. Underground facility. "Underground facility" means an un- derground line, facility, system, and its appurtenances used to produce, store, convey, transmit, or distribute communications, data, electricity, power, heat, ~oil, petroleum products, water inclUding storm water, steam, sewage, vther similar substances. 216D.02. Nollce to excavators and underground facility operalors Subdivision 1. Display and dlstrlbullon. local governmental units that issue permits for an activity inVOlving excavation must continuously display an excavator's and operator's notice at the location where permits are ap- plied for and obtained. An excavator and operator's notice and a copy of sec- tions 216D.03 to 216D.07 must be fumished to each person obtaining a permit for excavation. Subd. 2. Form. The notification center shall preSCribe an excavator and operator's notice. The notice must inform excavators and operators of their Obligation to comply with sections 216D.03 to 216D.07. The center shall fur- nish to local governmental units: (1) a copy of the notice and sections 216D.03 to 216D.07 in a form suita- ble for photocopying; (2) a copy of the display and distribution requirements under subdivision 1: and (3) the telephone number and mailing address of the notification center. 216D.03. Notlflcallon center Subdivision 1. Participation. An operator shall participate in and share in the costs of one statewide notification center operated by a vendor select- ed under subdivision 2. Subd.2. Establishment of notification center. (a) The notification center services must be provided by a nonprofit corporation approved in writing by the commissioner. A group or nonprofit corporation that intends to seek ap- proval under this paragraph shall notify the commissioner by Septmeber 1, 1987, of the date, time and location of its first meeting. The commissioner shall provide advance notice of the first organizationl meeting by publication in qualified legal newspapers and in appropriate trade journals and by written notice to all appropriate trade associations. The nonprofit corporation must be governed by a board of directors of up to 20 members one of whom is the director of the office of pipeline safety. The other board members must represent and be elected by operators, exca- vators, and other persons eligible to participate in the center. By November 1, 1987, the board shall, with input from all interested parties, determine the operating procedures and teChnology needed for a single statewide notifica- tion center and establish a notification process and competitive bidding proce- dure to select a vendor to provide the notification service. In deciding to approve a nonprofit corporation, the commissioner shall consider whether it meets the requirements of this paragraph and whether it demonstrates that it has the ability to contract for and implement the notification center service. (b) If the commissioner has not approved a nonprofit corporation under paragraph (a) by January 1, 1988, the commissioner shall follow the proce- dure in this paragraph. The commissioner shall prepare a preliminary draft of operating procedures and technology needed for a statewide notification center and the method for assessing the cost of the service among opera- tors. After holding at least one public hearing on the preliminary draft follow- ing notice given in the manner reqUired by paragraph (a), the commissioner shall adopt final operating procedures, technology, and assessment methods. The preliminary draft, public hearings, and final adoption are not subject to Chapter 14. By June 1, 1988, the commissioner shall select a vendor to pro- vide the notification center service. The commissioner shall advertise for bids as provided in section 16B. 07, subdivision 3, and base the selection of a vendor on an identification of the lowest responsible bidder as provided in section 16B.09, subdivision 1. The commissioner shall select and contract with the vendor to proVide the notification center service, but all costs of the center must be paid by the operators. The commissioner may at any time appoint a task force to advise on the renewal of the contract or any other matter involving the center's operations. (c) The notification center must be in operation by October 1, 1988. An operator may submit a bid and be selected to contract to provide the notifi- cation center service under paragraph (a) or (b). The commissioner shall an- nually review the services provided by the nonprofit corporation approved under paragraph (a) or the vendor selected under paragraph (b). Subd. 3. Cooperation with local government. In establishing operat- ing procedures and technology for the statewide notification center, the board of directors or the commissioner must work in cooperation with the league of Minnesota cities, the association of Minnesota counties, and the township officers' association. The purpose of this cooperation is to maximize the par- ticipation of local governmental units that issue permits for activities involv- ., ing excavation to assure that excavators receive notice of and comply with the requirements of sections 2160.01 to 2160.07. Subd. 4. Nollce to local governmental units. The notification center shall provide local governmental units with a master list, by county, of the Ooperators in the county who are participants in the notification center, and the telephone number and mailing address of the notification center. 216D.04. Excavation Subdivision 1. Notice of excavation required; contents. (a) Except in an emergency, an excavator shall contact the notification center and pro- vide an excavation notice at least 48 hours before beginning any excavation, excluding Saturdays, Sundays, and holidays. An excavation begins, for pur- poses of this requirement, the first time excavation occurs in an area that was not previously identified by the excavator in an excavation notice. (b) The excavation notice may be oral or written, and must contain the following information: (1) the name of the individual providing the excavation notice; (2) the precise location of the proposed area of excavation; (3) the name, address, and telephone number of the excavator or the ex- cavator's company; (4) the excavator's field telephone number, if one is available; (5) the type and the extent of the proposed excavation work; (6) whether or not the discharge of explosives is anticipated; and (7) the date and time when excavation is to commence. Subd.2. Duties II notlllcallon center. The notification center shall as- sign an inquiry identification number to each excavation notice and retain a record of all exavation notices received for at least six years. The center shall immediately transmit the information contained in an excavation notice to every operator that has an underground facility in the area of the proposed excavation. Subd. 3. Locallng underground lacllltes (a) An operator shall, within 48 hours after receiving an excavation notice from the center, excluding Satur- days, Sundays, and holidays, unless otherwise agreed to between the exca- vator and operator, locate and mark or otherwise provide the approximate horizontal location of the underground facilities of the operator, without cost to the excavator. the excavator shall determine the precise location of the underground facility, without damage, before excavating within two feet of the marked location of the underground facility. (b) For the purpose of this section, the approximate horizontal location of the underground facilities is a strip of land two feet on either side of the un- derground facilities. (c) Markers used to designate the approximate location of underground faci- lites must follow the current color code standard used by the American Pub- lic Works Association. (d) If the operator cannot complete marking of the excavation area before the excavation commencement time stated in the excavation notice, the oper- ator shall promptly contact the excavator. If the excavator postpones the ex- cavation commencement time stated in the excavation notice by more than 48 hours, or cancels the excavation, the excavator shall notify the notifica- tion center. o 216D.05 Precaullons to avoid damage An excavator shall: (1) plan the excavation to avoid damage to and minimize interference with underground facilities in and near the construction area; (2) maintain a clearance between an underground facility and the cutting edge or point of any mechanized equipment, considering the known limit of control of the cutting edge or point to avoid damage to the facility; (3) provide support for underground facilities in and near the construction area, including during backfill operations, to protect the facilities; and (4) conduct the excavation in a careful and prudent manner. 216D.06. Damage to facllllles Subdivision 1. NoUce; repairs. (a) If any damage occurs to an underground facility or its protective covering, the excavator shall notify the operator as soon as reasonably possible. When the operator receives a damage notice, the operator shall promptly dispatch personnel to the damage area to inves- tigate. If the damages endangers life, health, or property, the excavator repon. sible for the work shall take immediate action to protect the publiC and property and to minimize the hazard until arrival of the operator's personnel or until emergency responders have arrived and taken charge of the damaged area. (b) An excavator shall delay backfilling in the immediate area of the damaged underground facilities untif the damage has been investigated by the opera- tor, unless the operator authorizes otherwise. The repair of damage must be performed by the operator or by qualified personnel authorized by the operator. (c) An excavator who knOWingly damages an underground facility, and who does not notify the operator as soon as reasonably possible or who backfills in violation of paragraph (b), is guilty of misdemeanor. Subd. 2. Cost reimbursement. (a) If an excavator damages an underground facility, the excavator shall reimburse the operator for the cost of necessary repairs, and for a pipeline the cost the prOduct that was being carried in the pipeline and was lost as a direct result of the damage. (b) Reimbursement is not required if the damage to the underground facili. ty was caused by sole negligence of the operator or the operator failed to comply with section 2160.04, subdivision 3. Subd. 3 Prima lacle evidence 01 negligence. It is prima facie evidence of the excavator's negligence in a civil court action if damage to the under- ground facilities of an operator resulted from excavation, and the excavator failed to give an excavation notice under section 2160.04 or provide support as required by section 2160.05. 216D.07 Ellect on local ordinances (a) Sections 2160.01 to 216.007 do not affect or impair local ordinances, charters, or other provisions of law requiring permits to be obtained before excavating. (b) A person with a permit for excavation from the state or public agency is subject to sections 2160.01 to 2160.07. The state that issued a permit for excavation is not liable for the actions of an excavator who fails to com. ply with sections 2160.01 to 216.07. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 7. 1989 AGENDA SECTION NQ Staff and Committees ORIGINATING DEPARTMENT Finance Howard Koolick ~ Fin;\nl"!e nirel"!tor APPROVED FOR AGENOM BJ ITEM NO.7. Bond Defeasance BY: REQUEST The Andover City Council is requested to review the enclosed report on bond defeasance and determine which, if any, bonds should be defeased. BACKGROUND At the City Council meeting on October 5, 1989, Jim Casserly of Casserly Molzahn and Associates, discussed with City Council the potential for defeasing a number of the City's bonds. The report that you have in front of you was prepared by Mr. Casserly and Ms. Mary Molzahn and contains their recommendations and detal1s the cash requirements and projected benefit of defeasing the bonds. Mr. Casserly will be in attendance to answer any questions you may have. In addition, Ms. Molzahn may also be in attendance. COUNCIL ACTION SECOND BY MOTION BY o TO o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nn'T~mhQr 7. '9A9 BY: Cindy DeRuyter e AGENDA SECTION NO. Discussion items ORIGINATING DEPARTMENT Recycling ITEM NO. Recycling Report Andover Recycling Day 2 The Andover Recycling Day on October 14th was a success. We received over 30 ton of recyclables. This is more than double what we received in June. Cost of the recycling day was about $400.00 less since we had more volunteers this time. Next Recycling Pick-up The Goodwill Recycling Truck will be at Downtown Center on December 28th. The Andover Lions will be attending it. Drop-off Center Building We are receiving prices and quotes from three contracto~s and suppliers for a garage building which will be our permenant drop- off site. Carolyn smith, Anoka County Solid waste Abatement Specialist, reviewed the plans. She felt that it would work well. Frank suggested four skylights instead of a window for extra light. This will be funded through the 1989 recycling budget. Curbside Pick-up Two haulers, Ace Solid Waste and Peterson Brothers, will start curbside pick-up this week. I am in the process of finding curbside recycling bins for the residents to use. I can apply for a grant to pay for part of this in December. Andover School Paper Program Training of school personnel and students is this week. Goodwill will start pick-up directly afterwards. COUNCIL ACTION MOTION BY o TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 7. 1989 AGENDA SECTION NO. ff . Sta ,Commlttee, Comm. ITEM Approve Licenses/Brooks NO. Food Market #54 9 ORIGINATING DEPARTMENT Admin. APPROV~E FOR AGE~ A i \1 " BY: / /" BY: V. Volk The City Council is requested to approve the 1989 cigarette and non-intoxicating off-sale liquor licenses for Brooks Food Market #54, which is located in Crosstown Square. The applicant has submitted the proper application forms, insurance certificates and license fees. Attached are copies of the applications, etc. COUNCIL ACTION SECOND BY MOTION BY o TO o CITY of ANDOVER APPLICATION FOR CIGARETTE LICENSE To: City Council, City of Andover, Anoka County, Minnesota Rudolph A. Comchoc. President of Gateway I, Foods. Inc., d/b/a Brooks Food Market #54, doing business in the City of Andover, Minnesota, do hereby make application for a license to sell cigarettes, cigarette papers, and cigarette wrappers pursuant to ordinance adopted by the City Council of the City of Andover; and hereby agree to abide by all provisions set forth in such ordinance(s) which I have read and become familiar with their contents. For the past 2 years, my residence has been as follows: 1701 Mistletow. Edmond. OK 73034 Gateway Foods, Inc. is owner; The location of my business, of which/kx~Wx*i~~~xx~~~~x*~~~~~, ~~~~2~K)' and at which cigarettes, cigarette papers, and/or cigarette wrappers shall be sold under this ordinance by (vending machine, counter or other ) is as follows: Gateway Foods, Inc. d/b/a Brooks Food Market #54, Crosstown Square, County Road 18 & Bunker Lake Blvd., Andover, MN 55304 and is known as a convenience store (Type of Business) I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of the ordinance(s) providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. GATEWAY FOODS, INC. By: l~klaa{L (Appli~ant's Signature) Rudolph A. Comchoc, President o License Fee $12.00 Paid /';<.CJO Receipt #0' ~ fa 7 , Gateway Foods, Inc. dba Retail Foods of ~rn DBA: Brooks FoodMarket #54 3501 Marshall St. Npls, NN JOHN H. CROWTHER, INC.I SWETT AND CRAWFORD 3600 MUL TIFOODS TOWER 33 SOUTH SIXTH STREET MINNEAPOLIS, MN 55402 COMPANY AFFORDING COVERAGE TYPE OFINSURANCE TRANSCONTINENTAL INSURANCE COMPANY LIQUOR LIABILITY THIS IS TO CERTIFY THAT THE POLICY OF INSURANCE LISTED BELOW HAS BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICY DESCRIBED THEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICY. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LOCATION (s)QF INSURED LLP 483 39 03 11/1/89 12/31/89 Crosstown Square Convenience Center Cty. Rd. #18 & Bunker Lake Blvd. Andover, MN 55304 D 50,000 D 100,000 [iI 300,000 D 500,000 D 1,000,000 BODILY INJURY EACH PERSON 100,000 100,000 300,000 500,000 1,000,000 BODILY INJURY EACH OCCURRENCE 10,000 100,000 300,000 500,000 1,000,000 PROPERTY DAMAGE EACH OCCURRENCE 50,000 100,000 300,000 500,000 1,000,000 LOSS OF MEANS OF SUPPORT EACH PERSON 100,000 100,000 300,000 500,000 1,000,000 LOSS OF MEANS OF SUPPORT EACH OCCURRENCE 300,000 300,000 300,000 500,000 1,000,000 POLICY AGGREGATE o ~ ~ ANDOVER. MINNESOTA COMBINATION APPLICATION FOR RETAILERS (ON-SALE) (OFF-SALE) NON.INTOXlCATlNGMALT LlQUOB LICENSE: TAVERN LICENSE: BOTTLE CLUB LICENSE; PUBLIC DRINKING PLACE LICENSE; COMBINA. T10N LICENSE. To the City of Andover. County of An6ka I. .......~.Jlg<?Jp.h...!.\..,.....c::'?'D.c::.J:l'?.g..................................... 01 the City 01 ...........J:..il......~.:og.!'..'?.~.............................................. County of ..._...~.9.._.~Eg.:?:?.~.............................................................. hereby make application for the following license(s): (Off.Sale) (On-Sale) (Tavern) (Bottle Club) (Public Drinking Place) (Combination), estabItshed pursuant to an Ordinance passed by the Andover City Council. For the past five years my residence has been as follows: ........1.7.Q.l...Mis.t.le.t.o.w......Edmo.nd......QK......1J.034 .....u.........................._................................................................................................................................................................................. . .................................................................................................................................................................................................................... I was born .......J.\!.ly.....*.~.A.....*.~)..~........_.................. at ....._...............?->:~);?;-.;\,gol~........................................................................ month day year City. VllIale or Town ...............P..~.lU\l;:\y.lY.g.ll.i.g............................................................ President.. State I am the p<_ltl<lr of ..:~.i!.t~!f.i!y...J.9..9.~.?...*m~.,...M.!?I!!-....!!I!?.?.~!!..~....f.!?.!?.<:!...~.{!I~~.t..!!.?.~........................... located at the following address ..g.!9.~.?t!?.!f.l!...~.q,\!i!ot.~......g.ti...1!:!t,...J.!!....~...~.\!!:!~.~I...I;.{!~~....!!!y.<:!.,..,....~!:!<:!.9.y.~.F..,....!'1.NThe owners are as follow: firm was Incorporated .......M.a.y.....l.L....J..9.;?.~................................. .................................... The names and address of the da'. .B"~().!p..I1....?->:.,._...c;g~g.h<?g.!......P..:o.~.'?..~.q.~.!:!.t.... .~~;p;:Y....W..,....~!?.EQ.~.'?.g.h.!.....Y..::.P...E~:?..,................ .!tj),JJ.~!))....J.~!)).~.'?'?J)..,....J..E~~.?.Jl.E~.L........... .~;r.y.il..n.....;J..,....~.~.!!~.E..,.....?.~.s:;r..~.!;.~.EY............... , .r.!:1;rx.aJ:\.<;:;.~....v..,.....l.j~.l~........A!>.".t.......S.~.~............ !:.?}?....?..!;..,..;r.il..~~.?.....l?..1;..,..,.....J:..~...~E<?..'?..'?..~..!.....~I !:.q.?1....;?J:l.?~y.....g.!~.I}....g<:!.'"..,....9..!s!.'"-!l.'?.!".il.... Ci ty. OK !:.?}..?....?..t.,.....JA!))g.'?.....?..!;..,..!.....h?.....c:::!:!?..'?..!'.~.!.... WI !:.!!.~.~.....C;.<?y..~.!:!.t:o.y.....~.il..n~.!.....Q!5.!:-.~J:l!?.rr.!9.....C;.~ t y. OK ~.1..I1.J.....Q;r.<;:;.hQ;r.g.....V.g.llgy.....Q.+.J.y.g.f.....*&...~ ros s e. WI I agree. as part of this application. to furnish a list of all other persons, firms. or corporations having an Interest In the licensed business. I will notify the City or Andover of any change in legal ownership or benetlclal Interest In such business. I am. .................. engaged In the retail sale of Intoxicating liquor. I have ..nQt.................... had an application for lI<;enses rejected previously. I have ..ow..................... been convicted of a felony nor of violating any National or state liquor law or local. o~inance relating to the manufacture, sale or transportation, or possession for sale or transportation of Intoxl. eating liquor. GamblIng or gambling devices will 'not be permttted on the licensed premises. I have no Intention or agreement to transfer this l1cense to another person. I submit the following names of three persons, IncludlnR a bank. for reference. with whom I have had buslnes9 relations. .f.;i.F.~.t.._..N9J;;i.g.!)&L.);l.g.!)..K..g.;f....P.:.g..m<?D.9..(.....r;.gmg.D.g.,.....Q~.._........................................................................................ r;.gl.'!.gJ:g...Q..,....k!.~_;i.."J.~;r.......!1;i..!).!).gg.Pg..:J,J.?..(....N.!:!..................................................._.........................._.................................... ~;i.ghi;t.!;tJ.....f..,.....C.l..,.gJ:y..,....!1;i..nD.g.tg.D.Kg.A....!1.N................................................_...._............................................. I have read the applicable ordinances and. have become familiar with their content. I will comply strictly with all of their provisions. I do not own or have a direct or Indirect Interest In any other l1censed establishment provided lor In the ordinances. I agree to waive my constitutional rights Realnst search and seizure and will freely pennlt peace oftlcers to inspect my premises and agree to the forfeiture of my Ucense if found to have violated the provisions of the ordinance provIding for the granting of this license. o I hereby solemnly swear that the foregoing statements are true 7: ~jrrect to the best of my knowledge. . ..~~.~~~l!!J.~o!.'!1..tZdc.l-........ ....................... ~~Pllcant.. Sllnature Subscribed f!}/:;;J to belore Rudolph A. Comchoc. President me this ......... ........... .......... day of .2z'Z~.'?1;>~E~......................... 19....~~ ..~~~.w~~ Notary Public o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nnvpmhpr 7 1 QRq Parks 1~ Tnnn.1 Raa'" APPRO~ AGEND ( BY'; v FOR AGENDA SECTION NO. Staff, Commi ttee, ."''''~I'\n ORIGINATING DEPARTMENT ITEM NQ 10. Metes & Bounds Park Dedication BY: The City Council is requested to discuss the park dedication fees for metes and bounds subdivisions with the Park and Recreation Commission. Marc McMullen, Chair, will be at the meeting to represent the Commission. . Attached is backup information. MOTION BY o TO COUNCIL ACTION SECOND BY o r r ANDOVER PARK COMMISSION REQUEST FOR PARK RECOMNENDATJON November 2, 1989 ITEM DATE ORIGINATING DEPARTMENT Parks 5. Park Dedication Requirements Todd J. Haas I(S~ BY: The Park and Recreation Commission is requested to discuss the park dedication fees for metes and bounds divisions. At the last meeting, October 19, 1989, the Commission requested the City Clerk to respond to why the City has,npt required park d~dication fees for.m~tes '.n~ bounds dlvisions,"' I~ your packet is a memo from the City Clerk. For your information, I have placed this on the November 7, 1989 meeting to discuss with the City Council. " o ( (- o CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Park & Recreation Commission Todd J. Haas Ja~es E. Vicki Volk, ~ler ~. schrantz n~rnh~r ~n. '989 Park ggdication Rcq~iremeRts In response to your request for a reason why the city has not required park dedication fees for metes and bounds divisions, I would refer you to Ordinance 400, Section V.B. which states "If no park fees have been assessed nor land dedicated as above, the fee as set by Council resolution for each lot created under this o~dinance, may be assessed for park fees." In the past it has not been the policy of the city to assess park fees for metes and bounds divisions. o o o /- i CITY of ANDOVER MEMORANDUM. TO: COPIES TO: FROM: DATE: REFERENCE: Vicki Volk, city Clerk Jim Schrantz, City Administrator Todd J. Haas,1 Parks -!'1~ October 20, 1989 Park Dedication Requirements The Park and Recreation Commission has made a motion directing the City Clerk to respond back to the Commission as to why Park Dedication was never collected at the time the City reviewed and approved metes and bounds descriptions. Ordinance 10, Section 4, Item 2 states a "subdivision" is the division of a tract of land into two or more lots or parcels of land for the purpose of transfer of ownership or building development. An immediate response from you will be necessary for the November 2, 1989 meeting. (- f ,-- to 1e. SERVICE STREET OR SERVICE ROAD is a adjacent to a thoroughfare and which provides properties and protection from through traffic. I 1f. LIMITED MINOR STREET shall be a narrow rural roadway which serves six (6) or fewer residences and has no on-street parking allowed. street which is access to abutting 2. STREET WIDTH is the shortest distance between the lot lines delineating the right-of-way of a street. SUBDIVIDER is any person, firm or corporation having sufficient proprietary interest in land in order to subdivide the same under this ordinance. SUBDIVISION is the division of a tract of land into two or more lots or parcels of land for the purpose of transfer of ownership or building development. The term includes re- subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. SECTION 5. ENFORCEMENT AND PENALTY. unless approved as a final plat as provided herein, no subdivision shall be entitled to record in the County Recorder's Office or have any validity; and the city shall not issue building permits for any structure on a lot in any proposed subdivision. The City shall not.'permit any public improvements to be installed unless the preliminary plat is approved and shall not permit any services until approval of the final plat and recording of same. Any firm, persons, or corporation who violates any of the prov1s10ns of these regulations, or who sells, leases, or offers for sale or lease any lot, block or tract of land herewith regulated before all the requirements of these regulations have been complied with, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. Each day that a vio~ation is permitted to exist shall constitute a separate offense. SECTION 6. SKETCH PLAN. Subdividers shall prepare a subdivision sketch plan for review by the Planning Commission. Such sketch plan will be considered as having been' submitted for informal discussion between the subdivider and the Planning Commission. No fee shall be required of the subdivider for the submission of a sketch plan. o Submission ~f a subdivision sketch plan shall not constitute formal filing of a plan with the City. On the basis of the subdivision sketch plan, the Planning Commission will informally advise the subdivider of the extent to which the plan conforms to the Comprehensive Plan, design standards of this ordinance and to other ordinances of the City, County, and State will discuss possible modification necessary to secure approval of the plan. Page 4 r , { ,,--.. " (0 f. Double Frontage. Lots with frontage on two (2) parallel streets shall not be permitted except where lots back on arterial streets or highways. Double frontage lots shall have an additional depth for screen planting along the rear lot line of ten (10') feet. g. Access to Thoroughfares. In those instances where a plat is adjacent to a limited access highway or other major highway or thoroughfare, no direct vehicular access shall be permitted from individual lots to such highway. h. Natural Features. In the subdividing of land, regard shall be shown for all natural features, including tree growth, water courses, historic places and similar amenities of the area, which if preserved will add attractiveness and stability to the area. i. Lot Remnants. Lot remnants which are below m1n1mum lot area or dimension must be added to adjacent or surrounding lots rather than be allowed to remain as an unusable outlot or parcel. 9.07 Parks, Playgrounds, Open Space. (lOA, 9-10-74) 9.07.1 Lands of Public Use or Other Provisions. Pursuant to Minnesota Statute, Chapter 462.358, as amended, the City Council of the City of Andover shall require all owners or developers, as a prerequisite to approval of a plat, subdivision or development of land, to convey to the City or dedicate to the public use, for park or playground purposes, a reasonable portion of the area being platted, subdivided or developed as hereinafter specified. Said portion to be approved and acceptable to the City or in lieu thereof, the owners or developers shall, at the option of the City, pay to the City for the use in the acquisition of public parks, open space and playgrounds, development of existing public park and playground sites, and debt retirement in connection with land previously required for public parks and playgrounds, an equivalent amount in cash based upon the undeveloped land value of that portion of said land that would have otherwise been required to be dedicated. The form of contribution (cash or land) shall be decided by the City based upon need and conformance with approved City plans. (100, 8-07-79) 9.07.2 Dedicated Land Requirements. Any land to be dedicated as a requirement of this section shall be reasonably adaptable for pse for active park and recreation purposes and shall be at a location convenient to the people to be served. Factors used in evaluating the adequacy of proposed park and. recreation areas shall include size, shape, topography, geology, tree cover, acce~s and location. (100, 8-07-79) o 9.07.3 Standards for Determination. The Park and Recreation Commission shall recommend to the City Council adoption of the Comprehensive Park Development Plan for determining what portion of each such development should reasonably be required to be so conveyed or dedicated. Such comprehensive Park Development plan may take into consideration the zoning classification assigned to page 15 ;; o CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Todd J. Haas Park & Recreation Commission vi,..ki Vnlk No"ember 1, 1929 Mctcs & Bounds Divisions/rark Fecs Sometime in the past, it was decided that on metes and bounds divisions, we would not collect park dedication fees. I have checked through the Council minutes and haven't been able to find any discussion by the Council, so I would assume that this was a staff decision. A major factor in making this decision was the idea that the park fees would be assessed when the property was platted. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nnvpmh~T 7. lQQQ AGENDA SECTION NO. Staff, committee, Comm. ORIGINATING DEPARTMENT Admin. ITEM Personnel Committee NO. II Recommendation BY: V. Volk Attached is the recommendation from the Personnel Committee regarding the following items: Recording Secretary's Proposal Vacation Policy Personal Use of City Equipment Finance Department Employee Parental Leave Policy Also attached is the information that was given to the Personnel Committee for their consideration of the above items. COUNCIL ACTION SECOND BY MOTION BY o TO " o REPORT AND RECOMMENDATIONS TO THE ANDOVER CITY COUNCIL FROM THE PERSONNEL COMMITTEE The Andover Personnel Committee met on October 26, 1989 to consider proposals from staff (attached). The Committee recommends the following action: 1) Recording Secretary's proposal to change from a part-time employee to a contract service: Approve the change and the costs as outlined in the letter dated September 14, 1989 with the provision that a two year contract at the proposed rates is signed. The Committee finds the costs to the City under the system now in place ($105 per meeting and $8.89 per hour) along with FICA taxes and other benefits which accrue to Marcy, cost the City between" $133 and $140 per meeting. The increase requested would net be out of. line with the costs in surrounding .~. C1~1es. 2) Vacation policy: Committee recommends no changes to in either vacation accrual or in allowing sick leave in excess of 800 hours to be converted to vacation. 3) Personal use of equipment: In order to clarify for employees what is apparently a somewhat clouded understanding of whether personal use can be made of City property, the Committee recommends the following policy be added to personnel policy: "Employees are prohibited from using city owned equipment for personal use." 4) Finance Department personnel request: The Committee recommends the job title of Debbie Poirier, the City Recording Clerk, be changed to that of Accounting Clerk. The job was advertised as Accounting Clerk and the duties are consistent with that title. The title was changed at the time she was hired but the job description still uses Accounting Clerk. The Committee also has requested supervisory staff review and make a recommendation as to whether or not Ms. Poirier is adequately compensated. When that review is completed the Committee will review it and make any necessary recommendation to the full Council. o 5) Parental leave policy: Since the City does not reference parental leave in its policies, the Committee recommends adding the language found in state statute which requires both male and female employees be allowed to take six weeks unpaid leave when either adopting or having a child. The Committee also recommends department heads or the administrator have the authority to approve additional time over and above the six week period but such time be chargeable to either sick leave (if a doctors certificate is presented showing that the employee cannot/should not perform normal business activities because of medical reasons relating to the birth or pregnancy) or to allow the employee to extend the parental leave through the use of accrued vacation timew ,. I <9 PEACH ASSOCIATES. INC. 15830 Unive~sity Avenue NW Andove~, MN 55304 434-9358 Septembe~ 14, 1989 Mayor Jim Elling Councilmembers Jacobson. Knight, Orttel, Perry CITY OF ANDOVER 1685 Crosstown Boulevard NW Andover, MN 55304 The Honorable Mayor and Council: Becau~e of changes In my work situation, I am proposing to change my status with the City as City Council Recording Secretary from a permanent part-time employee to a contract service, effective January 1, 1990. The benefits to the City would be it would no ionge~ have to pay the benefits of FICA and insurance. It would no longe~ p~ovide supplies othe~ than City lette~head and tapes, and Staff would be ~elieved of the ~esponsibiiity of taking Council Minutes and of doing accounting work fo~ anothe~ employee. The se~vices p~ovided to you would ~emain unchanged. The changes would only be administ~ative. A cont~act would also al low me to p~ovide other ,special and ove~flow sec~eta~ial se~vices to the City. Working on a cont~act basis also benefIts me in that my ove~head expenses that I have p~ovided to the City ove~ the past 12 yea~s would be more adequately compensated. These include the addition of a computer, wo~d p~ocessing equipment, fax machine and utilities. The p~oposal fo~ taking and transcribing the Council Minutes at each meeting is: . $20 per hou~ or fraction of Council Meeting 1/2 hour t~avel time per meeting $6.50 per typew~itten page of MInutes I have enjoyed working fo~ the Council and appreciate the confidence you have always shown in me. I believe thIs cont~act se~vice will be mutually beneficial and look fo~wa~d to continuing my service to you. Please place this item on an Age~da for conside~ation as soon as possible. Thank you. ~ Since~ely you~s, ~~.~ n ECORDII~ SECRETARIEL FOR CITY COUNCIL MINUTES J Prepared by Marcie Peach October S, 1989 ~. RATE Itl-HOUSE WORK DONE OUTS IDE COST FOR A TYPIC~L COST FOR A TYPICAL 4-HOUR MEETING' 4-HOUR MEETING" --------------------------------------- --------------------- LAINE - done by City Clerk in house $14/hour $291.20 AMSEY - done by Staff in house $I IIhour m8.80 INO LAKES - done by Staff in house $12/hour $249.60 saEO - done by City Clerk in house U2.S3/hr $260.62 UMOUTH - done by City Cl erk in house $13.50/hr $280.80 PRING LAKE PARK - by Staff in house $14.19/hr $295.15 T. FRANCIS - done by City Clk inhouse $13/hour $210.40 AtIOl;A - hires part-time work done outside :lIO.39/hr $171.64 COON RAPIDS - hires part-time work done outside $9.65/hour $159.67 MAPLE GROVE - hires part-time work done outside $9/hour $l4B.68 D~YTON - hires part-time Hork done outside $10.73/hr $177 .26 CHAMPLIN - contracts service $20/hr mtg work done outside tI3.50/pg $242.00 112-pg ave) A/1DOVER - current work done outside $105/mtg UB.89/hr) $124.44 Andover - when done by City Clerk - 1n house $12/hr $249.60 (when Minutes h ve to be taken h011e by City Clerk) $IB/hr ot $327.60 ;0 '4-hour meeting plus 10 hours of transcription I' work done outside ,ind udes IB% overhead , in-house includes 1 1/2 time during /lite; t 30% overhead PEACH ASSOCIATES CO,TRACT PROPOSAL - t20/hr/mtg t $10 travel t $6.50/pg $16B.00 N .' I cO CITY of ANDOVER MEMORANDUM TO: Personnel Committee COPIES TO: FROM: David Almgren DATE: october 24. 1989 REFERENCE: Chang.. in Pol iev Please review for consideration: Pol~ey No. l'-'Vacations 'lI. Provisions A. Employees shall accumulate vacation on the following basis: service During the lOth year During the 11th year During the l2th year . During the 13th year During the 14th year During the lSth' year and each year thereafter ." Policy No. 3 - Sick Leave (Add R.I t Days 15 16 17 18 19 20 Vacation Eligibi1ity 10.00 hr. each month 10.67 hr. each month I 11.33 hr. each month) . 12.00 hr. each month) Change 12.67 hr. each month) 13.33 hr. each month) R. Banked sick leave in excess of 800 hours (100 days) shall be credited to the employee and may be converted at the employee's option so that up to one-half will' accrue as vacation time. co ... ". POLICY NO. 1 - VACATIONS . I. POLICY <0 It shall be the policy of the City of Andover to provide paid vacations for use on a regular basis to all *permanent employees in accordance with the provisions in this policy. . I".. '~~.'\ PROVISIONS " l A. Employees shall accumulate vacation on the following .. f" basi s: SERVICE During 1st year through 5th During the 6th year During the 7th year During the 8th year During the 9th year During the 10th through 15th During the 16th year and each year there'after VACATION ELIGIBILITY 6.66 hours each month 7.33 hours each month 8.00 hours each month 8.66 hours each month 9.33 hours each month 10.00 hours each month 13.33 hours each'mo~th B. Vac~tions begin to accrue from the first of the month in which the starting date is on or before the 15th of the month; and from the first of the following ,month for starting dates on or after the 16th of the month. C. Limits on vacation accruals 1. Employees should be encouraged to take vacations on a regular basis; however, vacation can be deferred and allowed to accrue up to 160 hours with written approval of the responsible supervisor and notification to the city Council. 2. At the effective date of this policy, the level of vacation hours accrued by an individual may, not exceed 160 hours. 3. . Each anniversary date thereafter an evaluation will be made to see that hours accrued do not exceed the maximum or hours over the maximum will be forfeited. I 4. Permanent part-time employees shall accrue vacation hours on a pro-rata share of 173 hours. * permanent part-time employees shall accumulate vacation on a pro-rata share of 173 hours. III. SCHEDULING VACATIONS ~ A. It is both the supervisor's and employee's responsibili ty to plan vacation "use, recognizing policy limits. Supervisors should make every effort co accommodate employee vacation requests, recognizing that the needs c't. the City do come first. . .' ........... .----.. . .....----....-..-....... ....... ....-:- .....r...-....'....:l . '" . "" . . :. ~. .to . (: . I ~~'" ' ~>i ~.~ l~! ,1 i, ~. ~'. " ~,. \t. ~'i r' t . \. . S ~. !. . i .. . c . , . POLXCY NO.3 - SXCK LEAVE (Cont.) G. Employees shall be paid for unused sick leave at time of termination of employment from the City, provided however the employee leave the City unde~ favorable conditions and in good standing. The following schedule shall be used in the determination of pay- off: , . 20\ all employees with two (2) through five (5) years service time 40\ - all employees with six (6) through ten (10) years service time 50\ all employees with over ten (10) years service t-ime' At no time will any employee be paid for more than 400 hours as a pay-off. H. Employees not reporting to .work because of illness or other personal health reasons should notify the~r supervisor within one-half hour following the beginning of their work day. \ I. Sick leave of all employees must be reported. J. Disability Insurance shall be available to City employe.es, with the premiums for such insurance being paid by the employee through a deduction from accumulated sick leave benefits. /(.' \ '.. (0 .' ~.. ....j:.:~.':~~;;;-... . j' /:..... / / " ( , e fQ years of employment worked prior to application for employment with Anaka County, solely for the purpose of computing the number of vacation days per year to which the prospective employee would be entitled upon employment with Anoka County. Credit shall only be offered in situations where the prospective employee's training, education and experience makes the prospective employee uniquely qualified for the job for which' application has been made. In no event ,shall the credit given put the prospective employee in a better position than current employees who hold substantially equivalent positions, and who are similarly situated with regard to training, education and experience. To ensure appropriate use of this vacation credit, a report will be furnished to the Management Committee on a calendar year basis. C. Sick Leave Sick leave may betaken only to the extent that it is earned. Permanent full-time and permanent port-time employees shall earn sick leave according to the following schedule: Regular HOUrS of Employment Worked* Hours of Sick Leave Earned ,21.66 *lncludes paid vacation, sick, holiday and compensatory time used. Excludes overtime and compensatory time earned. Employees may request to take earned sick leave anytime after completion of the probationary period. Sick leave may be used for illness, injury, maternity care, outpatient or inpatient treatment for mental illness, alcoholism or drug addiction or by necessity for medical or dental care. Sick leave may be used by the employee to care .for the employee's spouse, children, or parents in cases of illness. The Appointing Authority may require a medical certificate as may be deemed necessary before approving the utilization of sick leave. Employees.shall notify their immediate supervisor on the first day of sick leave and at appropriate intervals as determined by the supervisor. When possible, sick leave shall be requested in advance. An employee' receiving workers' compensation benefits may take sufficient sicl~"1eave to make up the difference between the workers' compensation 'benefits and the employee's regular wage. Banked sick leave in excess of 800 hours (100 days) shall be credited to the employee and may be converted at the employee's option so that up to one-half will accrue as vacation time. This conversion option applies only to sick days earned after July I, 1985. .. . - 38- <0 ~. CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Personnel Committee C'ity C'lI>rk ~)> O~tQb9r 24, 1909 Policy/Personal Use of Office Equipfue~L Because of problems we have had.in the past with employees using office equipment for personal-use, especially during working hours, it is requested that we adopt a policy which prohibits such use. Attached is a copy of a proposed policy for your consideration. V:Attach. Administrator's Comments: The use of various equipment was not limited to working hours. In 1984 we addressed the Public Works Department by the attached policy. In 1988 we had another problem and addressed that by a staff policy. See memos attached. <9 o ~/ u IpOLICY NO. 17 - PERSONAL USE OF CITY OWNED EQUIPMENT I. POLICY Employees are prohibited from using city owned equipment for personal use. Such equipment shall include but not be limited to typewriters, computers, copy machines, tools, vehicles. <0 o L' .J PUBLIC WORKS AmnNISTRATIVE PROCEDURE USE OF PUBLIC WORKS EQUIPMENT AND PROPERTY March 26. 1984 The following rules will govern use of City owned equipment and property by Public 'Works employees: 1. City equipment and property will not be loaned to citizens or employees. 2. Public Works employees will not work on their's or any employee's or citizen's private vehicles in the Public Works area at any time. 3. Jublic Works employees are not authorized to wash private cars in the Public Works garage. 4. All privately owned vehicles will be kept out of the Public Works garage except during extremely cold weather. Vehicles may then be parked in the garage after receiving permission to-do so. JES:vv ()) .. h <D MEMORANDUM TO: . COPIES TO: FROM: DATE: REFERENCE: o u .--J p()&-{ C- ( CITY of ANDOVER All City Staff 2 James E. Schr.antz COpy Machine .The copy machine is.. for City Business onlv! We can copy items, for people, that pertain to the items or transactions that are being conducted at City Hall. We cannot use the copy machine for copying per- sonal items or items for outside organizations. We cannot copy these organiz.ational or personal items even if we pay for the copying. The library, Post Office. and other companies have copy machines for th.at purpose. Ple.ase sign and return a copy of this letter to me. .. '. f' CITY of ANDOVER f MEMORANDUM TO: COPIES TO: FIfM: DATE: REFERENCE: Personnel Committee Howard Koolick September 25, 1989 Employee Request Debbie poirier, City of Andover Recording Clerk, approached me last week with two personnel issues which she would like addressed. She has discussed these with the City Administrator prior to my arrival and received no satisfaction. The two items of concern to her were: 1. Her title as Recording Clerk instead of Accounting Clerk. . . 2. She feels she is not being paid appropriately compared to other city employees. The following is the background I have relating to each issue. 1. Title - Job was advertised as accounting clerk. When she was hired, title was changed to recording clerk. She accepted job as recording clerk. Job description still uses title as accounting clerk. In addition, our part-time position in the finance department is titled accounting clerk. 2. Salary - Ms. Poirier was concerned that she was not being adequately compensated. She cited the engineering secretary who has been here a shorter time yet was making more money. A review of the City's comparable worth plan indicates that neither of these positions (as well as several others) are not in the plan. A review of her personnel file shows satisfactory performance. o '; o o CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Personnel Committee Howard Koolick October 26,1989 parental Leave The City of Andover's personnel policy contains no provision relating to parental leave. "Minnesota state statutes require the City to give all employees, male and female, six weeks unpaid leave. The items that the Committee may want to address include: 1. The use of sick leave relating to the birth or adoption of a child . 2. Whether council needs to approve the six weeks unpaid leave or whether the department head can approve it. 3. The requirement of a person on unpaid parental leave to pay all insurance costs during the leave. 4. Whether the City would. consider paid leave and how it is to be authorized. 5. Who has the authority to authorize more than the required six weeks leave. 6. Other topics as determined by the personnel committee. rj o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nn'rpmh~r 7. 10AO l=:t~ff ..nil .f-f-....'" Finance \~ Howard Koolick \"\ Fi n; APP~pt~. .FOR AGEN ~ BY: AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. 12. Computer Discussion BY: j REQUEST The Andover City Council is requested to review and approve the specifications and bid forms for the City's finance computer system. BACKGROUND The form used was suggested by Jim stern of Chapel Consulting. While I have talked briefly with him, he has not reviewed the specs. The only difference between his suggestion and the form .we are using is the sections on hardware. The difference results from our specifying an IBM System 36 as the hardware platform. Mr. stern's form was open-ended as far as hardware platforms, allowing the vendor to bid the appropriate hardware. Both Mr. Stern and myself believe that specifying the hardware is a mistake. The City is excluding a number of potential vendors. An alternative would be to either not specify a hardware platform at all, or change it to "IBM System 36 or Equivalent." Please note that the specs include a number of items on which the City will base its choice. This is common and results in the potential to award the bid to someone other than low bidder, should the City desire to do this. Should City Council approve the specifications and bid forms this evening, the proposed calendar would be as follows: November 17th - Advertise in official newspaper December 11th - Bid opening COUNCIL ACTION MOTION BY o TO SECOND BY city Council Meeting November 7, 1989 Computer Discussion o December 19th - Bid awarded and negotiations on contract begin Second Meeting in January - Contract approved by Council March 1, 1989 - Installation begins (This date is only an estimate. Actual date will be negotiated with vendor) CITY COUNCIL OPTIONS 1. Approve specifications and bid forms and authorize staff to publish notice in official newspaper and solicit bids. 2. Request amendments be made prior to publishing and soliciting bids. 3. Continue this item to next meeting to allow Councilmembers additional time to review specifications. 4. Reject specifications and instruct staff on different action desired. 5. Other options as determined by City Council. o o CITY OF ANDOVER ANDOVER, MINNESOTA SPECIFICATIONS AND BID FORMS FOR COMPUTER EQUIPMENT AND SOFTWARE NOVEMBER 10, 1989 o r o CITY OF ANDOVER INVITATION AND INSTRUCTIONS TO BIDDERS FOR FURNISHING AND DELIVERY OF COMPUTER EQUIPMENT AND SOFTWARE Sealed bids will be received by the City of Andover in the office of the Finance Director no later than 2:30 p.m. C.S.T. on the 11th day of December, at which time they will be publicly opened and read for furnishing, delivery and installation of computer equipment and software. The city of Andover reserves the right to accept or reject any and/or all bids. Bids must be made on forms furnished by the City and no alteration, additions or variation will be permitted. Bids must be accompanied by bid security in an amount equal to five per- cent (5%) of the total bid. Each bid envelope shall be clearly marked "Proposal for Computer Equipment and Software," and addressed to Finance Director City of Andover 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 Howard Koolick Finance Director o 0 TABLE OF CONTENTS SECTION pAGES 1 GENERAL INFORMATION 1-5 2 GENERAL REQUIREMENTS 6-16 3 GENERAL CHARACTERISTICS 17-19 4 SPECIFICATIONS FOR INDIVIDUAL SOFTWARE APPLICATIONS 20-31 5 ATTACHMENTS 32-38 o n o SECTION 1 GENERAL INFORMATION o PAGE 1 D o GENERAL INFORMATION Purpose The purpose of this request for bid is to provide interested vendors with the necessary information and specifications to prepare and submit a bid for computer hardware, operating system software, application software, installation, maintenance, support and training for consideration by the city of Andover. Summary of Requirements It is the intention of the City of Andover to purchase data processing equipment and software to provide the City with the capability to efficiently and effectively perform the following functions: utility Billing Payroll Financial Accounting and Budgeting Accounts payable/Disbursements In addition, the city contemplates adding additional functions in the future which may include (but are not limited to): o Accounts Receivable Purchase Orders Fixed Assets Special Assessments Geographical Information System Word Processing Spreadsheet Applications The City desires to purchase and install data processing equipment and software designed to operate in the existing office environment and without disruption of present operations within the following requirements: 1. System Operation - All equipment and software must be designed to be operated by non-technical staff employees. The City desires a data processing system which can be operated without the necessity of hiring programming staff. 2. Multi-user/Multi-Tasking - Equipment and software proposed shall provide multi-user and multi-tasking capabilities. The system must be capable of expansion to accommodate additional users and applications with minimal performance degradation. 3. Menu-driven Operation - Software shall be menu- driven (or equivalent), designed for on-line multi- user operation. PAGE 2 o 4. Equipment Operating Environment - All equipment offered must be designed to operate in the existing office environment and should not require any special building modifications or unusual electrical service. It must also carry a manufacturer's warranty. 5. Initial Hardware Installation - Outlined below are the anticipated components on the equipment configuration to be used in preparing the bid. Recommended changes to this configuration are welcome and should be listed separately as an alternative bid. Sufficient on-line disk storage and memory to adequately support two to four users, the proposed operating system and application software, processing volumes and estimated growth. Magnetic tape back-up capabilities. 1 printer 2 - 4 workstations This configuration assumes that none of the City's current data processing equipment will be utilized. Background Information Andover, Minnesota is a rapidly growing community located 15 miles north of Minneapolis. The estimated 1989 population is 14,646 people. The City of Andover employs approximately 65 full-time, part-time and seasonal employees. The City Council consists of a Mayor and four Councilmembers. The City currently has the following data processing equipment: Digital Equipment Corporation MicroVAX II, Model 630QZ-A2 with 16MB hard disk 11 Digital VT220 Terminals 95MB Tape Drive Component Q22 TK50 Tape Controller LN03 Laser Printer LA100-BA Matrix printer/Keyboard Okidata Microline 294 Printer This equipment, purchased in 1987, is being used for word processing and spreadsheeting. The City intends to continue to use the above equipment for this purpose. o PAGE 3 o The City also currently has the following software packages: WordMARC - a word processing software package currently running on the DEC MicroVAX II. 2020 - a spreadsheeting package also running on the DEC MicroVAX II. Non-Profit Management System (NMS) - a financial accounting package which is outdated and unsupported. Currently, only the utility Billing module is being used. Estimated Volumes utility Billing - Number Number Number Number Number Number Number of of of of of of of utility customers cash receipts per quarter utility bills per quarter metered services per customer non-metered services per customer services available different rates used Payroll - Number of full and part-time employees Number of payroll checks issued per month Number of annual w-2 forms printed Average number of fund distributions per check Financial Accounting and Budgeting - Present Average Volume Estimated Annual Percentage Increase 2,700 2,650 2,700 1 2 3 35 10% 10% 10% 5% 65 60 65 3 2% 2% 2% Number of funds 45 10% Average number of balance sheet accounts per fund 25 5% Average number of subsidiary revenue accounts per fund 40 5% Average number of subsidiary expense accounts per fund 200 5% Number of departments 30 5% Disbursements - o Number of active vendors Number of invoices received each month Number of checks written each month PAGE 4 1,500 250 175 5% 5% 5% R 4:> Additional Applications - The additional applications mentioned earlier may be implemented by the city at a later date. At this time volume information is not available. o PAGE 5 o SECTION 2 GENERAL REQUIREMENTS o PAGE 6 H o GENERAL REQUIREMENTS Submission of Proposals Sealed bids will be received by the city no later than 2:30 p.m. on December 11, 1989 for furnishing, delivery and installation of a computer system, associated operating system software and various application software systems described herein for the city in accordance with specification and bid forms contained herein and prepared by the city. Where a proposal includes a reference to equipment hardware, associated operating system software, application software, supplies, preventative maintenance, and/or remedial maintenance services to be furnished by someone other than the proposing vendor, sufficient definition of such equipment, software, supplies or services must be included to permit evaluation of the proposal as a whole. In addition, there must be clear identification of the vendor who will have the ultimate responsibility for installation and implementation. The selected vendor shall be considered as the prime contractor and shall assume total responsibility for installation and maintenance for all hardware and software in his proposal. Furthermore, all proposals, information and responses will be incorporated into and be made apart of any final agreement between the City of Andover and the selected vendor. Failure to meet these obligations will result in the cancellation of any contracts and the forfeiture of the proposal security as liquidated damages. Copies of each proposal must be submitted in standard format and be enclosed in a sealed envelope at the time and place specified. Proposals shall be clearly marked as follows: proposal for Computer Equipment and Software. All proposals will be opened publicly in the City Council Chambers of City Hall at the time and date specified. proposals which are hand delivered on the day of the opening must be presented in the appropriate office at or before the time specified. The City will not be responsible for late mail deliveries. No proposals will be accepted if received after the time specified. proposals shall be mailed or delivered to: Finance Director City of Andover 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 o PAGE 7 o Each proposal shall be accompanied by bid security in an amount equal to five percent of the total bid. The security may be in the form of a certified check, cashier's check or a bidder's bond payable to the city of Andover. The security will serve as a guarantee that the vendor will, if awarded the contract, enter promptly into an agreement with the city. Should any bidder whose proposal has been accepted by the City refuse, fail or neglect to execute an agreement, or if an provisions of the agreement are not met, it is understood and agreed between the City and said accepted bidder that said five percent (5%) bid security shall be the amount of liquidated damages occasioned by such failure, refusal, neglect, or non- compliance and use the proceeds in payment of said damages. Conditions Each vendor must comply with all requirements as directed or required by this notice. Notice is hereby given that if a proposal is informal, defective or irregular, the same will be rejected immediately. All articles must conform to specifications and shall be subject to inspection at time of delivery before acceptance. Where two or more vendors are deemed equal, the City reserves the right to make the award to one of the vendors. Vendors shall specify in their proposals the delivery date of their equipment, services, or products. Delivery must be made on or before the specified dates. The City desires the system to be delivered and installed as soon as possible, preferably within 60 days after selection of the proposal. Prices for hardware and software quoted by vendors shall be firm prices an not subject to increase during the term of any contractual agreement between the City and selected vendor. vendors shall quote prices less any applicable taxes. These specifications shall become part of the contract between the City and the successful vendor. Right of Rejection The City of Andover reserves the right to reject any and all bids and accept the proposal it deems in its overall best interests considering items including, but not limited to, price, previous experience, access and base of serviceability, delivery date, quality and capability. Further, the City reserves the right to make its selection solely on the basis of the proposals. o PAGE 8 o Past Service and Experience The City reserves the right to reject any proposal offering hardware and/or software that has been proven in use to be unreliable or unsuitable for the work to be accomplished. proposals of inexperienced vendors or those who have failed to properly perform other contracts may be rejected for such cause. Vendors shall provide the names, addresses, telephone number and description of three municipalities within the Twin Cities area that are currently operating a system with the proposed software and a similar hardware configuration to that proposed. City's Investigation The City of Andover may make such investigation as deemed necessary to determine the ability of vendors to meet the requirements of these specifications. Vendors shall furnish to the City all such information and data for this purpose requested by the City. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such vendor fails to satisfy the City that such vendor is properly qualified to carry out the obligations of the agreement and these specifications. Performance Bond The vendor shall, if awarded the contract, enter into a contract and furnish a performance bond satisfactory to the City in the full amount of the award for faithful performance of the contract. Basis for Evaluation The City will review and evaluate all proposals submitted in response to this document. Vendors may be eliminated from consideration for failure to fully comply with the specifications. The selection will be based on the proposal deemed to be the most cost benefit effective while meeting the specifications responsibly, based on, but not limited to, the following: availability and quality of application software; hardware serviceability; ease of operation; upward expandability in terms of maximum capacity of processor and peripherals. The basis of evaluation will include the following considerations: a. The vendor's performance record to date in meeting the requirements of their existing customers. b. The amount of vendor support that will be available for modifications as they are needed, required or requested. o c. The financial stability, longevity and strength of the vendor. PAGE 9 o d. The proven, existing application systems the vendor has now for immediate implementation. The vendor's capabilities in other system areas will be treated as a positive factor. e. The cost of the system to include costs incurred indirectly, as well as those billed directly by the vendor. f. The internal controls provided within the system which prevent unauthorized access to data and provide adequate audit trail. g. The operational flexibility during periods of system failure due to mechanical malfunctions (i.e., reorganizations after a lightning strike). h. The availability of users in the area to allow reference investigation. i. The quality of system, program, operator and user documentation provided. j. Adherence to the requested proposal format. This includes the thoroughness of the proposal as well as the format of presentation. k. Equipment capacities, capabilities, and features. 1. Hardware/software service capability. m. Equipment and software modularity and ease of upgrade. n. The experience required and number of data processing personnel needed to operate and maintain the system. o. The number, type and experience of local vendor staff. p. The portion of the total system that the vendor will provide in terms of equipment, installation, conversion, software, education and training support, software support and equipment maintenance service. q. Timely delivery of proposed system (hardware and software). r. The capability to perform conversion of existing utility billing data files. o PAGE 10 o proposed Format and Quality To assist in evaluation of each proposal, it is requested that each proposal be written in a concise and forthright manner and that superficial marketing statements be avoided. The quality of the proposal submitted by a vendor is viewed as a basic indication of the vendor's general capability and technical competence. Quality is interpreted as completeness, thoroughness, accuracy, compliance with instructions, timeliness, and the organization and conciseness of decsriptive text material. proposals which do not comply with instructions may be eliminated from further consideration. The proposal should be bound in a single bound volume and organized as follows: 1. LETTER containing narrative for the proposal, overall service and product proposed. 2. BID BOND 3. VENDOR PROFILE: a. Number of years in present location. b. Largest local project. Include name and size of hardware and nature of software applications in service. c. Number of years of experience vendor has in data processing for city governments. d. Total staff available. Include number of instructors and telephone support personnel. e. Number of programmer/analysts working on city applications. f. Indicate if any pending litigation exists. g. Indicate type of ownership structure. h. List at least three cities in the Twin Cities area using the proposed software on a similar hardware configuration. Include name and telephone number of contact person. i. Provide resumes of personnel that will be involved in software support and/or development, and installation of the City's system. j. Provide copy of most recently audited financial statements. o PAGE 11 o 4. VENDOR SERVICES: a. Required lead time for the proposed hardware. b. Indicate what site preparation assistance is available. c. Indicate what conversion assistance is available. d. Indicate the amount of training time provided in the proposed price (number of people, number of hours per application, location) e. Estimated cost and duration of operator and applications training available to city personnel - both initial and ongoing. f. Will current copy of source code be placed in the possession of a qualified escrow agent? Will proof of such placement be provided to the City? g. Cost and availability of software development or modification not included in maintenance fee. h. Maintenance responsiveness - hardware and software. Indicate the number of qualified maintenance personnel located within a reasonable distance, warranty period response time and and location of potential back up personnel. i. Type of operating system support that is available. state response time and cost. k. Is detail documentation available in manual form? Indicate cost, if any, of updates. 1. Method of providing software. (i.e. purchase, rental, lease, license, third party, etc.). Indicate owner of software, author, warranty, and cost of enhancements for each application. m. Software support. Indicate the manner in which application software support would be provided and the pricing arrangements for such support. 5. HARDWARE: a Equipment configuration. Assumptions and calculations used to determine configuration (i.e. memory size, disk capacity, etc.). Include expansion capabilities of the system. b. Amount of minimum increments of memory and cost. o c. Disk capacity - amount proposed and maximum amount. upgrade capacity - state increments and cost. PAGE 12 o d. Disk requirements analysis for initial applications software. State amount of storage needed for operating system, each application, etc. State percentage available for additional applications. e. peripheral equipment - Indicate features of each CRT, printer, etc. included in proposal. f. state the operating environment required. Include temperature range, humidity range, BTU output, cooling requirements and false floor requirements. g. State the electrical requirements. h. State the height, weight, depth and width of each component. 6. OPERATING SYSTEM: a. Describe the major features. b. What is the upward mobility of the system software to a larger configuration in the same family. 7. APPLICATION SOFTWARE: a. Include application naratives for each proposed application. b. Include all of the software capabilities checklist pages included in Sections 3 and 4. c. What is the upward compatability of the application software should a future hardware upgrade be necessary. 8. COST SUMMARY: a. Include attachments A through F. b. particular attention should be given to : - Stating specific costs involved with all software modifications. - Detailed pricing of each hardware component. - Monthly maintenance charges by equipment device. - Estimated cost of consumable supplies (i.e. paper ribbons, etc.). - One-time installation charges. - User training costs. 9. IMPLEMENTATION SCHEDULE: o a. Prepare a detailed implementation schedule. Include all steps necessary for conversion of utility billing files, either automated or manual. PAGE 13 o 10. CONTRACTS: a. Include sample contracts for both hardware and software. System Requirements The information in this section is intended to assist potential suppliers to structure proposals appropriate to the specific needs of the City. It is essential that sufficient processing power and mass storage be available to service adequately all concurrent activities and anticipated growth. At the same time, every effort should be made to provide these services at the lowest cost to the taxpayers. The City feels that ongoing maintenance and support are a major factor in the selection of its data processing vendor. Therefore, vendors should view the City as a user of data processing with minimal experience. Consequently, a significant degree of support is expected from the vendor, who shall be responsible for the following: 1. System Definition. This consists of detailed definitive system design work required to make this proposed hardware and software system functional in the city environment. 2. System Implementation. This consists of the detailed programming and system support required to get the hardware and software systems up and running within the time frame specified. 3. Training. This includes the education and training of City personnel in the use of the equipment and programs. Fully documented system manuals must be provided. Classroom training at the vendors location is acceptable. 4. Conversion. This includes the potential for automated conversion of data files from the existing utility billing system to the new system. Manual conversion by City staff will be acceptable only after determining automated conversion is not practical. System Constraints Because of the environment in which the City desires to operate, several system constraints have been identified and are outlined below: o PAGE 14 o o MANDATORY REQUIREMENTS 1. PERSONNEL CONSIDERATION. The City desires to minimize technical staff requirements. Therefore, the system proposed must be capable of being operated by existing personnel who have limited computer experience. It is recognized that a comprehensive user/operator training program will be required. It is anticipated that all software maintenance changes and modification will be accomplished by the vendor selected, as the City does not intend to employ computer programmers. proposals should also include samples of software documentation. 2. SOFTWARE SUPPORT UPDATES. The vendor selected shall provide a "hot line" telephone number to City personnel for resolution and operational questions and assistance in isolating possible system faults. Software modifications must be made on a timely basis. 3. DATA INPUT AND INQUIRY. It is expected that all data entry will be done during normal business hours. Daily inquiries into all files will be expected. It is required that all users be able to access their respective data files and records without interference, delay, or contention. 4. FILE PROTECTION AND HISTORY. In order to safeguard data files, it is required that provisions be made for copying all files to a media that can be stored in another location. 5. FILE SECURITY. Security against unauthorized access through the use of security password techniques, which will provide information only from selected portions of the data base and only to respective users shall be required. HARDWARE REQUIRED The City requires an interactive multi-workstation system capable of supporting numerous on-line users simultaneously. The equip- ment furnished shall be new equipment only and must include the following: 1 IBM System 36 2-4 workstations 1 printer 1 tape drive for file backup The CPU and mass storage requirements should be dictated by the specific applications described later. The initial CPU and mass storage configuration should be operating at no more than 50% of capacity after all applications, assuming current volumes. PAGE 15 o In order to meet future processing needs, the proposed system must, at a minimum, be expandable as follows: Ability to add a second printer Ability to add additional on-line mass storage Expandable to add 2 more users for the finance system with little or no lose of response time. In addition, should the City desire to add word processing to the system, an additional eight to ten workstations would be needed. APPLICATION SOFTWARE REQUIRED The installation and performance of the application software is the single most important element of the proposed system. This shall be the basis for system acceptance and payment. A vendor unwilling to accept this condition, need not submit a proposal. For any software capabilities that are not part of a standard package, the proposer must state the specified cost of the modifications and the date available. A listing of time and materials only will not be viewed as an acceptable response. To further assist the City in evaluating the initial application software, proposals shall include samples of reports and other printouts, files and records used in the program. o PAGE 16 o SECTION 3 GENERAL CHARACTERISTICS ~~ o PAGE 17 n o Currently Can be in Package Added Terminal access controls (provide a complete description) Menu driven application programs Documentation: System documentation Program documentation Operator instructions Backup procedures Restart procedures Operator prompting and instructions displayed on terminal Capability of specify which printer will print a specific report Capability to print the contents (format and display) of each display available on the visual display terminal Capability to display the contents of a specific report on the visual display terminal vertical scrolling capability Horizontal scrolling capability Minimal redundancy of stored data 8 1/2 X 11 page printing (132 compressed characters) Program source code kept by trustee All reports contain the following information: City name Report ti tle c Processing date As-of date PAGE 18 Cost to Develop Date Avail o currently Can be in Package Added All reports contain the following information (continued): Pages numbered in sequence Subtotals after every sort level, break or as defined by user Grand totals Column heading descriptions Numeric keypad Edit and reasonableness checks at appropriate stages of data input Balancing of batch total can be done prior to posting transactions Financial system automatically pulls accounts payable, payroll, utility billing for updating appropriate accounts Screen format similar to one another in each application Scrolling, escape functions, data entry procedures etc. same in each application o PAGE 19 Cost to Develop Date Avail " o SECTION 4 SPECIFICATIONS FOR INDIVIDUAL SOFTWARE APPLICATIONS o PAGE 20 " " o FINANCIAL SYSTEM Currently Can be in Package Added Current Account Number Format is xxx-xxxxx-xxx Digits 1-3 are always the Fund Number For Asset, Liability and Revenue Accounts - Digits 5-8 are account number For Expenditures - Digits 5-8 are the department For Asset, Liability and Revenue Accounts - Digits 9-12 are always zero For Expenditures - Digits 9-12 are the object codes The current account structure can be used Will not allow transactions to post if they are not in balance by fund and transaction Provides complete printed audit trail Capability to process subsequent year transactions before closing previous year On-line entry and editing of transactions Double entry system At least twelve accounting periods Ability to print edit lists of entries from accounting systems prior to posting Interfaces with other accounting systems and applications o PAGE 21 Cost to Develop Date Avail o Currently Can be in Package Added Allows inquiry to all accounts their balances and the detailed transactions on file for those accounts Allows reports and financial statements to be modeled in summary or detail and in user defined sort sequences Allowp comparison of current year or month to previous year and corresponding month(s) of prior year Automatically closes and opens accounts at year end, including creating balance sheet carryforwards, closing subsidiary ledger accounts reopening to zero Automatically maintains and updates control accounts on the general ledger for the revenue and expenditure subsidiary ledger accounts Allows project accounting including multi-year history by project Report requirements: General Ledger Detail Trial Balance: Lists debit and credit balance for each account Sequenced in account number order Option to print with detail transactions or summarized General Ledger: option to print in detail or summary Option to selected specified accounts and periods o PAGE 22 Cost to Develop Date Avail o currently Can be in Package Added Balance Sheet by Fund: Includes a balance sheet for each fund Includes all non-subsidiary accounts with ending balances Calculates total assets, total liabilities, and fund balance Cash Trial Balance: Includes all funds Includes both month and year to date receipts, disbursements and ending balance Revenue and Expenditure Reports: Allows user defined sort sequences Allows user defined range of data and level of summation Ability to post transactions and print reports at any time during the month Reports list: Annual Budget Actual data Remaining budget Option to Print: All detail transactions for year Selected accounts o Current period detail with prior period activity condensed to beginning balance PAGE 23 Cost to Develop Date Avail o currently Can be in Package Added Compliance with Governmental Accounting Auditing and Financial Reporting (GAAFR) principles. Budget preparation: Software generates budget worksheets "What if" capability Allows monthly budgeting Automated spreading of annual budget across months based on user specified formula Provides ability to show budget vs. actual information graphically Automated roll of budget into next year's actual budget RECEIPT AND DISBURSEMENT PROCESSING On-line entry and transaction editing Capability to provide edit list prior to posting Provides warning on data entry of disbursements when disbursement exceeds remaining budget Account number description verified on screen during data entry Displays running total by receipt number or check number during data entry of multiple distributions Allows distribution from multiple funds and accounts on one check Prints alphabetical list of bills to be paid o PAGE 24 Cost to Develop Date Avail . o Currently Can be in Package Added Allows disbursements to be paid against revenue and general ledger accounts; receipts to be written against expenditure and general ledger accounts Allows description on both receipts and disbursements Prints checks including vendor name address and dollar amount in words and numbers prints receipt, disbursement and general journals Prints history of all payments by vendor Prints vendor list in numerical and alphabetical order Prints selectable vendor mailing lists Allows one time vendors Accumulates amounts by vendor and prints 1099's Allows unapproved issued checks to be included with unapproved invoices for approval PAYROLL Ability to run bi-weekly payrolls Ability to run special payrolls on demand Tax tables, tax rates and annual limits are user maintainable Allow multiple checks be written to an employee during any payroll o PAGE 25 Cost to Develop Date Avail o Allow multiple payment types per employee-minimum of 15 (Examples: regular, overtime sick, holiday, compensatory time, vacation) Allows multiple deductions per employee Allows for the following types of deductions: Dollar Amount Percent of gross pay Ability to specify annual or per check limits on either of the above provides for PERA (Public Employee Retirement Association) deduction and reporting Ability to calculate and report the following accruals: Vacation Sick leave compensatory time Holidays Accrue vacation and sick leave at a user-defined rate to up to a user-defined maximum Automatically reduce accrued sick leave and vacation as used Allow override of normal pay rates and/or entry of multiple payrates based on work performed Ability to print deduction checks for all or selected vendors c Allows for direct deposit of employees net pay while printing check stub PAGE 26 Currently Can be in Package Added Cost to Develop Date Avail o provide a paycheck with the following information: Name Payroll period ending date Check number Check date Net pay amount Dollar amount spelled out Provide check stub with the following information: Current hours Current and Y-T-D earnings Current and Y-T-D withholdings Current and Y-T-D benefits Ability to add user defined comment to pay stub Provide the following documents and reports: payroll register with depart. fund and grand totals payroll check register Labor distribution report Benefit distribution report Direct deposit reports PERA report W-2's o Full employee profile report including all Q-T-D and Y-T-D figures at end of quarter or as requested PAGE 27 Currently Can be in Package Added Cost to Develop Date Avail o Currently Can be in package Added Mailing labels Employee list including name, address, pay rate and other information Audit trail of all file maintenance changes UTILITY BILLING Customer account structure of at least 11 digits Allows cycle billing Provides for water, sewer and street lighting billing (an alternative would be electric billing, as long as a flat rate was allowable for electric) On-line data entry and editing of transactions Allows at least 50 rates for each type of service Allows tiered rates for each service Allows a service and minimum charge for each unique rate Maintains the following information on each customer - Name, service and billing address, parcel identification number, phone number, meter number, services used and history of each Allows a number of user-defined account receivables for accumulating billings User defined option to print zero or credit balance bills o Flat rate charges are automatically prorated for change in ownership based on move-in date PAGE 28 Cost to Develop Date Avail Currently Can be in Package Added Automatic calculation of consumption on meter rollover accounts o Automatic proration of partial payments based on user selected options Provide on-screen editing of calculated charges during meter reading entry Allow operator intervention to modify on screen calculated dollar and consumption amounts During meter reading entry, next account number is automatically brought up User defined alpha codes are printed on bill Ability to print message on each bill Bills can be printed in postcard format Allow flat, service and step rate charges to be combined on the bill under one charge Allow a minimum and maximum penalty amount Allow a minimum disconnect balance Allow individual accounts to be totally or partially free from penalty Option to keep a detailed meter inventory Ability to maintain a detailed history of service on meter On-line inquiry into the detailed meter service file o Meter deposits may be subject to or not subject to interest PAGE 29 Cost to Develop Date Avail o Currently Can be in package Added Automatic updating and inquiry of billing, payment penalty and adjustment history Automatic interface with financial system On-line inquiry into accounts by name, address, account number or parcel number Automatic updating and inquiry of consumption history Ability to maintain at least 12 billing periods history on consumption, billing and payment Allows interfacing with billing data gathered by Rockwell Touchread Automated Meter Reading System Reports required: Billing register Consumption and billing summary amounts by zone and book and also by account type (residential commercial etc.) Past due final account listing Payment edit list by account number Payment edit list "as entered" order Customer deposit report penalty register utility rate listing Revenue forecast by utility rate or customer number o History report of billing, payment, penalty or adjustment transactions for individual or range of accounts PAGE 30 Cost to Develop Date Avail 'I o Consumption history report Inactive meter list Adjustment history report Accounts receivable aging report Accounts receivable balance report Customer listing by account number, service address, and parcel number High user consumption list Meter reading "possible errors" list Mailing labels by service address, sort name, mailing name and parcel number utility billing to financial system interface edit Meter book pages Meter list by date installed, and date serviced o PAGE 31 Currently Can be in Package Added Cost to Develop Date Avail o SECTION 5 ATTACHMENTS o PAGE 32 -i o Attachment A Hardware Item Number Description o PAGE 33 Quantity Price Total Total Cost Li o Item Number o Attachment B Maintenance Contract Options Components or Subsystems to be Maintained PAGE 34 Monthly charge Total Total Cost o Attachment C Software and Technical Support Services Software Basic Software Component or Program Cost Total o PAGE 35 Annual Support Fee Total Total Total Cost o Attachment D Training Application Personnel Classification Days Persons Cost Total o Total PAGE 36 o Attachment E System Expansion Capabilities and Cost Component proposed Size/Number Maximum Size/Number Expansion Increments o Total PAGE 37 Total Cost " o Attachment F Total Cost Summary Item Hardware Cost Software Technical Support Services (Annual) Hardware Maintenance (Annual) Training Installation including Cabling and all other costs Conversion (If applicable) Other Costs (Describe) TOTAL COST o PAGE 38 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. 13. 1989 Auditor En a ement Letter BY: Howard Koolick F' Vf- BY: AGENDA SECTION NO. Staff and Committees DATE ORIGINATING DEPARTMENT Finance REQUEST The Andover city Council is requested to review the engagement letter for the 1989 audit as submitted by George M. Hansen P.A. BACKGROUND The engagement letter outlines the responsibilities of the City and the Auditor. The letter states that the audit for the City will be performed at a cost not to exceed $12,500. Should the City desire additional services, they would be billed at additional cost. CITY COUNCIL OPTIONS The Andover City Council has the following options: 1. Approve engagement letter as submitted and appoint George M. Hansen P.A. as the City's auditor for 1989. 2. Request the Finance Director to contact other CPA firms who specialize in municipal audits to determine if the City's audit can be done more timely and less expensively. 3. Approve the engagement letter as submitted, appoint George M. Hansen P.A. as the City's auditor for 1989 and request the Finance Director to explore the options for auditors for the 1990 audit. 4. Other options as determined by City Council. o MOTION BY TO COUNCIL ACTION SECOND BY GMHCo GEORGE M. HANSEN COMPANY. P.A. A Professional Corporation a/Certified Public Accountants o October 27. 1989 City Council City of Andover Dear Council Members: This letter will confirm our understanding of the arrangements covering our audit of the financial statements of the City of Andover. Minnesota for the year ending December 31. 1989. We will audit the general purpose financial statements as of and for the year ending December 31. 1989. Our audit will be made in accordance with generally accepted auditing standards and will include such tests of the accounting records and such other auditing procedures as we consider necessary in the circumstances. The obj ective of our audit is to expres s an unqualified opinion on the financial statements. although it is possible that facts or circumstances encountered may require us to express a less than unqualified opinion. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts. tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected customers. creditors. legal counsel and banks. At the conclusion of our audit. we will request certain written representations from your staff about the financial statements and matters related thereto. The fair presentation of financial position and results of operations in conformity with generally accept ed accounting principles is management' s responsibility. Management is responsible for the development. implementation and maintenance of an adequate system of internal accounting control and for the accuracy of the financial statements. A1 though we may advise you about appropriate accounting principles and their application. the selection and method of application are responsibilities solely of management. Our engagement is subject to the inherent risk that material errors. irregularities or illegal acts. including fraud or defalcations. if they exist. will not be detected. However. we will inform you of any such matters that come to our attention. o 1433 UTICA AVENUE SOUTH. SUITE 175 MINNEAPOLIS, MINNESOTA 5541 6 612/546-2566 City Council Ci.ty of Andover o October 27. 1989 Page 2 Fees for our services are based on our regular per diem rates. plus out-of-pocket expenses. all of which will be billed as our work progresses. Our fee for this engagement will not exceed $12.500. Our services include the work necessary for the "Legal Compliance Audit Guide". Should any situation arise. that would increase this estimate. 'we will of course. advise you. Whenever possible. we will attempt to use your personnel. This effort could reduce our time requirements and help you hold down audit fees. During the course of our work. we may observe opportunities for economy in or improved controls over your operations. We will bring such. matters to the attention of the appropriate level or management. either orally or in writing. Please indicate your agreement to these arrangements by signing the attached copy of this letter and returning it to us. We appreciate your confidence in retaining us as your certified public accountants and look forward to working with you and your staff. Very 1:=1y yours. GEORGE M. HANSEN COMPANY. P.A. -; Yr~n 7!f/'~ff ,;>/;. Grego~urthy JGM:iac Enclosure Approved by: Ci.ty of Andover. Minnesota Date o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nnv~mh~r 7 1QAQ AGENDA SECTION NO. Staff, Committee, ORIGINATING DEPARTMENT Administration ITEM NO. 13a. Union Contract BY: o MOTION BY TO COUNCIL ACTION SECOND BY o o LABOR RELATIONS ASSOCIATES, INC. 7501 Golden Valley Road Golden Valley, Minnesota 55427 612/546.1470 DATE: October 30, 1989 TO: Mr. Lawre~e M. Bastian Bus i ness Agen t Teamsters Local No. 320 3001 University Ave. S.E. Minneapolis, MN 55414 FROM: Cyrus F. Smythe Labor Relations Associates, Inc. .'" E C tilj Er N OCT 311989 ,U CITY OF ANDOVER . SUBJECT: PROPOSED AGREEMENT FOR 1989 BETWEEN THE CITY OF ANDOVER AND LOCAL NO. 320 Enclosed is a copy of the proposed Agreement for calendar 1989 between the City of Andover and Local so. 320 which the City indicated at the October 13, 1989 mediation session it would prepare and send to you. As indicated at the mediation meeting on October 13, 1989, the City would pay the individual members of the bargaining unit the following rates for 1989: Employee Hourly Rate of Pay Sowada Starr Mashuga Patchen Vickstrom Protovinski Kraabel $14.00 $12.75 $12.50 $10.50 $ 9.25 $ 9.50 $10.00 ($10.50 after six months) If you have questions, please call. cc: Mr. James E. Schrantz, City of Andover /' Enclosure -(:'Ii . o o " LABOR AGREEMENT BETWEEN THE CITY.OF ANDOVER AND THE MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 JANUARY 1, 1989 - DECEMBER 31, 1989 o ARTICLE I II III IV V VI VII VIII . IX X XI XII XIII XTV XV XV~ XVII XVI II XIX XX o TABLE OF CONTENTS PURPOSE OF AGREEMENT RECOGNITION . . UNION SECURITY EMPLOYER SECURITY EMPLOYER AUTHORITY EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE DEFINITIONS . . SAVINGS CLAUSE WORK SCHEDULES PAGE 1 2 2 3 3 3 9 10 11 OVERTIME PAY 12 CALL BACK . . LEGAL DEFENSE RIGHT OF SUBCONTRACT DISCIPLINE SENIORITY . PROBATIONARY PERIODS SAFETY JOB POSTING INSURANCE WAIVER DURATION APPENDIX A - WAGES 12 12 13 13 13 14 14 14 15 -i- .' o o LABOR AGREEMENT BETWEEN THE CITY OF ANDOVER AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT LOCAL NO. 320 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Andover hereinafter called the EMPLOYER, and Minnesota Teamsters Public and Law Enforceme~t, Local 320, hereinafter called the UNION. The intent and purpose of this AGREEMENT is to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. -1- 4:>> ARTICLE II RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative for all employees in the job classifications listed below who are public employees within the meaning of Minn. Stat. 179A.03, Subdivision 14 excluding supervisory, confidential and all other employees: Maintenance Worker Lead Worker ARTICLE III UNION SECURITY In recognition of the UNION as the exclusive representative the EMPLOYER shall: 3.1 Deduct each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 3.2 Remit such deduction to the appropriate designated officer of the UNION. o 3.3 The UNION may designate certain employees from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 3.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article. -2- ~ c:. ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow down, other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions a~d programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the. organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modif{', establish, or eliminate. ARTICLE VI EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. o -3- o 6.4 6.2 UNION REPRESENTATIVES The EMPLOYER will recognize representatives designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION representatives and of their successors when so designated. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: o -4- .-- o Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step I grievance within ten (10) calendar days after receipt. A grievance not resolved in Step I and appealed to Step 2 shall be placeq in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, and the remedy requested and shall be appealed to Step 2 within ten o (10) calendar days after the EMPLOYER-designated representative's final answer in Step I. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's -5- o final Step 2 answer. Any grievance not appealed in wrIting to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step__3. If appealed, the written grievance shall-Ee presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. -6- o o o 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator sha~-- consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or vary- ing in any way the application of laws, rules, or regu- lations having the force and effect of law. The arbitrator's decision shall be submitted in writing with- in thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. -7- o If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a ~rbatim~ecord of the proceedings the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual agreement of the EMPLOYER and the UNION. 6.7 CHOICE OF REMEDY If, as a result of the EMPLOYER response in Step 4, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may -8- o n o be appealed either to Step 5 of ARTICLE VI or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of ARTICLE VI-lhe grievance is not subject to the arbi~ation procedure as provided in Step 4 of ARTICLE VI. The aggrieved employee shall indicate in writing which procedure is to be utilized--Step 4 of ARTICLE VI or another appeal procedure--and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of ARTICLE VI. ARTICLE VII DEFINITIONS 7.1 UNION: Minnesota Teamsters and Law Enforcement Employees Union, Local No. 320. 7.2 EMPLOYER: City of Andover. 7.3 UNION MEMBER: A member of the Minnesota Teamsters and Law Enforcement Employees Union, Local No. 320. 7.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 7.5 BASE PAY RATE: The employee's hourly pay rate exclusive of longevity or any other special allowance. o 7.6 SENIORITY: Length of continuous service in any of the job classifications covered by ARTICLE II - RECOGNITION. Employees who are promoted from a job classification covered by this AGREEMENT and return to a job classification covered -9- o by this AGREEMENT shall have their seniority calculated on their length of service under this AGREEMENT for purposes of promotion, transfer and layoff and total length of service witb the EMPLOYER for other benefits under this AGREEMENT. 7.7 SEVERANCE PAY: Payment made to an employee upon honorable termination of employment. 7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of either eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period. 7.9 CALL BACK: Return of an employee to a specified work site to perform assigned duties at the express authorization of the EMPLOYER at a time other than an assigned shift. An extension of or early report to an assigned shift is not a call back. 7.10 LUNCH BREAK: An unpaid period during the scheduled shift. o ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the signed municipality. In the event any provision of this AGREEMENT stall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. -10- o ARTICLE IX WORK SCHEDULES 9.1 The sole authority for work schedules is the EMPLOYER. The normal work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours Monday~hrough Friday. 9.2 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the normal 7:00-3:30 day. The EMPLOYER will g~ve seven (7) days advance n~tice to the employees affected by the establishment of work days different from the employee's normal eight (8) hour work day. 9.3 In the event that work is required because of unusual circumstances such as (but not limited to) fire, flood, snow, sleet, or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than eight (8) hours, however, each employee has an obligation to work overtime or call backs if requested unless unusual circumstances prevent the employee from so working. 9.4 Service to the public may require the establishment of regular work weeks that schedule work on Saturdays and/or Sundays. o -11- o ARTICLE X ID.I 10.2 10.3 10.4 OVERTIME PAY Hours worked in excess of eight (8) hours within a twenty-four (24) hour period (except for shift changes) or more than forty (40) hours within a seven (7) day period will be compensated for at one and one-half (1-1/2) times the employee's regular base pay rate. Overtime will be distributed as equally as practicable. Overtime refused by employees will for record purposes under ARTICLE 10.2 be considered as unpaid overtime worked. For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. ARTICLE XI CALL BACK An employee called in for work at a time other than the employee's normal scheduled shift will be compensated for a minimum of two (2) hours' pay at one and one-half (l-1/2) times the employee's base pay rate. ARTICLE XII LEGAL DEFENSE 12.1 Employees involved in litigation because of negligence, ignorance of laws, non-observance of laws, or as a result of employee judgmental decision may not receive legal defense by the municipality. 12.2 Any employee who is charged with a traffic violation, ordinance violation or criminal offense arising from acts -12- o ~ 1 o performed within the scope of the employee's employment, when such act is performed in good faith and under direct order of the employee's supervisor, shall be reimbursed for reasonable attorney's fees and court costs actually incurred by such- employee in defending against such charge. ARTICLE XIII RIGHT OF SUBCONTRACT Nothing in this AGREEMENT shall prohibit or restrict the right of the EMPLOYER from subcontracting work performed by employees covered by this AGREEMENT. ARTICLE XIV DISCIPLINE The EMPLOYER will discipline employees only for just cause. ARTICLE XV SENIORITY 15.1 Job classification seniority will be the determining criterion for lay offs when the job-relevant qualifications between ~mployees are relatively equal. 15.2 Job classification seniority will be the determining criterion for recall when the job-relevant qualification factors are relatively equal. Recall rights under this provision will continue for twenty-four (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit o all recall rights. -13- e 15.3 The EMPLOYER shall prepare ad post a seniority list each year by January 20th. The UNION shall receive a copy of the list. 15.4 Vacation periods shall be selected on the basis of seniority urrti 1 Apri 1 15th of each calendar year. The number of. employees allowed off on vacation shall be determined solely by the EMPLOYER. ARTICLE XVI PROBATIONARY PERIODS 16.1 All newly hired or rehired employees will serve a six (6) months' probationary period. 16.2 All employees will serve a six (6) months' probationary period in any job classification in which the employee has not serve a probationary period. 16.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. - 16.4 At any time during the probationary period a promoted or reassigned employee may be demoted or reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVII SAFETY The EMPLOYER and the UNION agree to jointly promote safe and healthful working conditions, to cooperate in safety matters and to encourage employees to work in a safe manner. o -14- " o ARTICLE XVIII JOB POSTING: TRANSFERS AND PROMOTIONS 18.1 The EMPLOYER and the UNION agree that permanent job vacancies within the designated bargaining unit shall be filled based on the concept of promotion from within provided-that applicants: 18.11 have the necessary qualifications to meet the standards of the job vacancy; and 18.12 have the ability to perform the duties and responsi- bilities of the job vacancy. 18.2 Employees filling a higher job class based on the provisions of this ARTICLE shall be subject to the conditions of ARTICLE XVI (PROBATIONARY PERIOD). 18.3 The EMPLOYER has the right of final decision in the selection of employees to fill posted jobs based on qualifications, abilities and experience. 18.4 Job vacancies within the designated bargaining unit will be posted for five (5) working days so that members of the bargaining unit can be considered for such vacancies. ARTICLE XIX INSURANCE o 19.1 The EMPLOYER will contribute up to a maximum of one hundred eighty dollars ($180.00) per month per full-time employee for group health and life insurance including dependent coverage. 19.2 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional -15- ~ e life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 19.3 Permanent part-time employees who are regularly scheduled to work twen~y (20) hours or more per week will receive pro-rata benefits under this ARTICLE. ARTICLE XX EMPLOYEE BENEFITS 20.1 Employees will receive benefits as outlined in the EMPLOYERS PERSONNEL POLICIES. ARTICLE XXI WAIVER 21.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 21.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly -16- o r o o waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered by this AGREEMENT, even though such terms or condi tians..may not haJ,e been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed. ARTICLE XXII DURATION This AGREEMENT shall be effective as of and shall remain in full force and effect until the day of , except that either party may reopen for negotiations for calendar and calendar the wage rates in APPENDIX A and the amount of insurance to be shown in ARTICLE 19.1 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of , 198_ MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES LOCAL NO. 320 CITY OF ANDOVER -17- ~ o o l_ APPENDIX A HOURLY WAGE RATES 1989 Lead Person: start Top $l2.50/hr. $14.25/hr. Employees classified as Lead Persons will be paid between the start and top rate based on such factors as employee performance and longevity. The rate to be determined solely by the Employer. Maintenance Worker: $ 8.50/hr. $12.50/hr. start Top Employees classified as Maintenance worker will be paid between the start and top rate based on such factors as employee performance and longevity. The rate to be solely deter- mined by the Employer. 2. Weekend Duty: The EMPLOYER shall pay any employee required by the EMPLOYER to perform daily checks on Saturday and Sunday or Holidays two hours pay at the top bargaining unit employee's overtime pay rate for each day so scheduled. e CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE l\.Tt'''70mhor 7 ~ 19Q9 I\Tnn_n; C!~..~-" ~_ T"___ Engineering APP.~2~E FOR AG E.I"I I A ( I BY~ 7' AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. l4. Accept Easements/ Tulio street BY: .,"'_~~ co . The City Council is requested to accept the ea~ements for Tulip street storm drainage - Houle and Mucciacciaro. Two easements for Houle - the storm drainage easement along the lot along Houle's property and the ponding easement for Houle and Mucciacciaro. The ponding area needs to be excavated yet; Harlan is setting the construction work up. This has been a long process. The plan is still to complete it this fall. MOTION BY o TO COUNCIL ACTION SECOND BY fl Form No. 28.M-QUIT CLAIM DeeD Individual Is) to Corporation or Partnership Minnesota Uni~onn Conveyancl.." Blanks (1~!8), Miller-Davis Co., Mlooeapolls e No delinquent taxes a"d transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ EXEMPT Date: /~/Z4 ,19!1 (reserved for recording data) FOR VALUABLE CONSIDERATION, Leonard J. Hucciacciaro and Pamela F. Hucciacciaro. husband and vlife ,Grantor (s), lmarital status) hereby convey (s) and quitclaim (s) to the City of Andover a municipal c6rporation real property in Anoka' under the laws of l'innesota County, Minnesota, described as follows: . Grantee, See reverse side. for complete legal. (if more space is needed, continue on backl \ together with all hereditaments and appurtenances belo~=Jfl0;; ~ Leonard J. Mucciacciaro Affix Deed Tax Stamp Here a"d~k;:?-1'~~;~D PanelaF. Mucciacciaro STATE OF MINNESOTA } COUNTY OF 1/&!lieP//i! ... The foregoing instrument was acknowledged before me this fJ. 'f & day of tJ-r~ by Leon"rn.J Hucciacciaro and Pamela F. l"ucciacciaro. husband NOTA~R,I!~:~::::~:E:L~: :~::RNTiTLEOR RANK) -\ '.A..:~-'~{ NOTM\' rUBlIC - M1NMfSOTA 1 .:\::::/' HENNEPIN COUNTY I' My ~o~:;::~ e_':':'::~~8:1991____._ .____.___ . , 19J>'{ , and ",i e , Grantor (s). Tax Std.m.ntl lor tb. real proputy d.lCrlb.d In tbla In.tl'WU.nt should b. ..nt to (Include nam. and addr... oj' Orantee): THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Leonard J, and Panela F. Hucciacciaro 15931 Vintaf.e Street N.W. Andover, ~TI 55304 o Burke and Hawkins 299 Coon Rapids Blvd" #101 Coon Rapids, ~~l 55433 e o ! A perpetual easement for drainage and utility purposes over, under and across the East 50 feet of the following described property: The West 333.01 feet of the East 653 feet of the South 150 feet of the North 1093.01 feet of the North Half of the Southwest Quarter of. S.ection 17, Township 32, Range 24, in Anoka County, Minnesota, as measured along lines parallel with the North and East lines of said. Southwest Quarter. (Subject to an easement for_road purposes over the West 33 feet thereof.) ...~ "",,:~ \\ ()'\ NOTICE IS. HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, nas accepted on 19____, the above described easement in this document. Dated: ,19_ CITY OF ANDOVER (SEAL) By Clerk THIS DOCUMENT IS BEING RECORDED IN THE OFFICE OF THE ANOKA COUNTY RECORDER FOR THE BENEFIT OF THE CITY OF ANDOVER PURSUANT TO MINN. STAT. SECTION 386.77. e CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Novpmh~r 7 r 1 QAQ Engineering .-r~* AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NQ 15. Olesen Addition Final Plat BY: T 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: l. The City Attorney presenting a favorable title. 2. Security in the amount of $250 to cover legal costs. 3. Park dedication as determined by the Park and Recreation Commission. NOTE: This item was tabled from the June 6, 1989 City Council meeting to allow for the developer to complete the grading. It is now completed. The City has received an as-built grading plan for reference. Also attached is a letter from the developer's engineer regarding the grading. A copy of the final plat is in the June 6, 1989 packet. MOTION BY o TO COUNCIL ACTION SECOND BY ~ e CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 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. Park dedication as determined by Park and Recreation Commission. BE IT FURTHER RESOLVED for the following items: 1. variance from Ordinance 10, Section 9.06 a(3) for lot width for Lots 1, 2, 3 of Block 1 as the lots do not meet the 300 foot requirement at the setback line. Adopted by the City Council of the City of Andover on the day of , 19 CITY OF ANDOVER James E. Elling - Mayor ATTEST: Victoria Volk - City Clerk o e Regular City Council Meeting Minutes - June 6. 1989 Page 6 "OLESEN ADDITioN FINAL PLAT I Councilmember Jacobson was concerned about Item 3 in the Staff's recommendation regarding the escrow for uncompletwl ;Jrading. Given the recent problems in Creekridge where the final ~rading may not have been correctly done, he wondered what could be don~ to protect the City and to assure that the grading does meet the 3p~cifications. There was some Council discussion on the proc.edure u3ed In all plats, noting that the only problem there has been is in Crgekrldge and that It would be costly to have the City survey th~ fin~l grading for conformance. Some Councilmembers still felt there s~ould be some method by which kecourse could be taken against th~ jeveloper or engineer if the grading specifications are not fol !o~ed. Suggestions were to have each lot surveyed prior to the issuance of the Certificate of Occupancy or to hold the escrow fOt t~o to three years unti I the plat is developed out. Counci I noted there has been a question on the drG!n~ge on Lot 3. Me. Olesen - stated Mk. Haas told him the drainage plan is correct. He stated he hasn't done any grading yet. He understood Mr. Haas had said the final grading plan hadn't been approved yet, He's been waiting for those final plans. Councilmember Orttel stated typically the grading is done when the final plat is approved, That also eliminates the need for escrowing for the work. Mr. Olesen - stated he was going to grade the threp lots and rough grade the entire 20 acres, including the cui de S2r When the three lots so I d. he planned to do the second phase and p" tin the blacktop. Rather than changing the process for all plats, Co~n;ilmembee Oettel recommended the City pay particular attention to t'\", gr-ading in this plat because of the questions raised about the dri:.i'l~ge on Lot 3. MOTION by Perry. Seconded by Orttel, to request on t,eOlesen Addition Final that the City at the time the grad!";; is completed, that the City Engineer go out and verify the grading, and that the Planning Commission be asked to look at the proce,,;" that is currently standard in the City and make a recommendation to j~~ Council for- either continuing that standard pr-ocess or r-ecOmme":(Htlons for changes to it. Motion carried unanimously. Mr. Olesen - didn't realize the grading could be V;:i:! before the final plat was approved. expressing annoyance at ~.'~ting the last 60 days. He stated he preferred to do the grading pI: <::- to final plat approval and avoid having to escrow for grading. '.>:'.lnci I agreed to table the item until the grading is completed. o MOTION by Jacobson. Seconded by Perry, that we tat ~ this until the grading is completed. Motion carried unanimously. ,--'~ e o October 20, 1989 ;,-., EC E~ Vt(1 H OCT 2 3 1989 iJ CITY OF ANDOVER Mr. James E. Schrantz City Engineer City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 RE: Olesen Addition Dear Mr. Schrantz: I have reviewed the field elevations obtained by John Oliver and Associates to document the grading on the above plat. Based upon my review of the elevations, I hereby certify the grading on the above plat was completed in accordance with the approved grading plan within normal construction tolerances. Enclosed is a copy of the field as-built elevations for your file. P. E. cc: Mr. Marlon Glines, Jopn Oliver & Associates, Inc. Mr. Gene Olesen File r e CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 7. 1989 BY: AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering ITEM ~Y<. NO. 16. Wandersee Addition ~, Final plat BY: Todd J. Haas The City Council is requested to approve the final plat for Wandersee Addition. The final plat is in compliance with the preliminary plat. It is recommended that the plat be approved subject to the following: l. The City Attorney presenting a favorable title opinion. 2. Security in the amount of $500.00 to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading oi the site which is to be determined by the City Engineer or if the site is completed, a letter from the surveyor or the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. continued MOTION BY o TO COUNCIL ACTION SECOND BY e Page Two November 7, 1989 Wandersee Addition 6. Park dedication as determined by the Park and Recreation Commission. 7. Revised preliminary plat and grading plan if needed by the City. o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA e RES. NO. A RESOLUTION APPROVING THE FINAL PLAT OF WANDERSEE ADDITION AS BEING DEVELOPED BY ROBERT W. AND MAVIS A. WANDERSEE IN SECTION 29-32-24. WHEREAS, the City Council approved the preliminary plat of Wandersee Addition; and WHEREAS, the developer has presented the final plat of Wandersee Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City of Andover to hereby approve the final plat of Wandersee Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable title opinion. 2. Security in the amount of $500.00 to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the surveyor or the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. costs to be paid to Anoka Electric Costs to be determined by Anoka Electric Street light Cooperative. Cooperative. 6. Park dedication as determined by the Park and Recreation Commission. 7. Revised preliminary plat and grading plan if needed by the City. BE IT FURTHER RESOLVED citing the following: o 1. Variance from Ordinance 8, Section 6.02 as the existing structure located in Lot 3, Block 2 encroaches within the 40 foot setback area. e 2. variance from Ordinance 10, Section 9.02 C for Lot 3, Block 2 as this lot has direct driveway access to County Road 9. If the structure is ever removed or destroyed it will be required that the lot front onto the future l42nd Lane NW. 3. The ARC has reviewed the length of the cul-de-sac as this will exceed the 500 foot maximum allowed by Ordinance 10, Section 9.03g. 4. Outlot A, at sometime, will be a City street. Until such time, the ownership is to remain with Mr. Wandersee. Outlots Band C are to remain in the ownership of Mr. Wandersee. 5. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, Coon Creek Watershed District or any other agency that is interested in the site. Adopted by the City Council of the City of Andover this day of , 1989. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o e CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mn~Tomhor 7. 1ge9 AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering ITEM NO. 17. Award Bid/89-22/ Wandersee Addn. BY: The City Council is requested to approve the resolution awarding the bid for Project 89-22, Wandersee Addition. The lowest bidder is 0 & P Contracting in the amount of $25,l73.90. The feasibility report estimated the bid amount to be $16,7l0.00. The bid is nearly 51% over the estimate. We have contacted Arcon, the low bidder on Good Value's Hidden Creek East Addition, to see if they will do it for the Hidden Creek East prices. Mr. Wandersee needs the improvement. He is building a house and hoping to build two other houses. We will have information back from Arcon Monday and I will present the information to Wandersee and the City Council as soon as it is available. If Arcon isn't cheaper, Wandersee has indicated he wants the City to proceed. The Council should approve the resolution. If Arcon is lower, the Council should deny the bid. The Council should then approve the change order to Hidden Creek East project. MOTION BY o TO COUNCIL ACTION SECOND BY e 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. 89-22 FOR SANITARY SEWER, STORM DRAINAGE, AND STREET CONSTRUCTION IN THE AREA OF WANDERSEE ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 166-89, dated October 3, 1989, bids were received, opened and tabulated according to law with results as follows: o & P Contracting Bituminous Const. & Contr. B & D Underground $25,173.90 $30,243.00 $3l,729.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate 0 & P 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 0 & P Contracting in the amount of $25,l73.90 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 James E. Elling - Mayor ATTEST: Victoria Volk - City Clerk i3' M .. j '1 1 ) ! .I .I II \I ~ II ':..1 !lll ::;1 II C\ II . I! ~I l'f ~ :g II . 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ClOVlQ CCli'.)~QC b bbbbbbbbbbb C OCOClOOOoooc m if) z ~ li1 -I ~ o f10 "Q a z S ~ I = =l 8 z .... po ~ ';a a:> .. g = ; ill ~ i5 P.2 ~ 8il 6l !~ ~ ~ ~~1Il ill: fH 8l -:loo " ~:e;g pZ'C ~lJl::j 8~~ o ~ !l3 l:3 - (') 3 :B e q Cl ~ ; ... !i> 8 :00 Z ooi ~ pi ~ C5 z ~ "" ~ * lli' i~ !.1II t::r~ -., "'~ ii~ => I'd mVl- ~~;ll ~ ~~~ i:" ~!Ji 8 a=~ ",8r' i=a i: I~i i o :J e o . o November 3, 1989 I Jim Schrantz, P~E. Andover city Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Wandersee Addition - 89-22 Dear Mr. Schrantz: I hereby accept the bids as presented to the City Council at the November 7, 1989 meeting with the lowest responsible bidder being 0 & P contracting. Sincerely, Robert Wandersee e CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nn'TQmh~r 7. 1QAQ Engineering .,~ "t" AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. l8. Hidden Creek East 2nd Addn. Fin 1 The City Council is requested to approve the final plat for Hidden Creek East 2nd Addition. The final plat is in compliance with the preliminary plat. It is recommended that the plat be approved subject to the following: l. 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. 3. The developer escrow for the uncompleted grading qf the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (l5% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Park dedication as determined by the Park and Recreation Commission. 7. Revised preliminary plat and grading plan if needed by the City. 8. Outlot A and B are to be deeded to the City of Andover. MOTION BY o TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA e RES. NO. A RESOLUTION APPROVING THE FINAL PLAT OF HIDDEN CREEK EAST 2ND ADDITION AS BEING DEVELOPED BY GOOD VALUE HOMES INC. IN SECTION 34-32-24. WHEREAS, the City Council approved the preliminary plat of Hidden Creek East; and WHEREAS, the developer has presented the final plat of Hidden Creek East 2nd Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City of Andover to hereby approve the final plat of Hidden Creek East 2nd 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 as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. 6. Park dedication as determined by the Park and Recreation Commission. 7. Revised preliminary plat and grading plan as needed by the City. BE IT FURTHER RESOLVED citing the following: 1. All lots access through interior City streets. o 2. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, Coon Creek watershed District or any other agency that is interested in the site. 3. Outlot A and B are to be deeded to the City of Andover. ~ Adopted by the city Council of the City of Andover this day of , 1989. CITY OF ANDOVER James E. Elling - Mayor ATTEST: Victoria Volk - City Clerk o e CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " DATE ORIGINATING DEPARTMENT November 7, 1989 ITEM NO, 19. Final payment/ Bent Cr Estates BY: James E. Schrantz AGENDA SECTION NO. Non-Discussion Items Engineering The City Council is requested to approve the resolution accepting the work and authorizing final payment for Project 88-20, Bent Creek Estates. Attached is a letter from TKDA recommending acceptance. Enclosure: Resolution 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 WORK AND DIRECTING FINAL PAYMENT TO AMERICAN CONTRACTING CORP. FOR PROJECT NO. 88-20 FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAINAGE AND STREETS IN THE FOLLOWING AREA: BENT CREEK ESTATES. WHEREAS, pursuant to a written contract signed with the City of Andover on October 18, 1988, American Contracting Corp. of Coon Rapids has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. The work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City directed to issue a proper order for the contract, taking the contractor's receipt Clerk and Mayor are hereby final payment on such in full. MOTION seconded by Councilman City Council at a and adopted by the day Meeting this of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk -City Clerk NOV 01 '89 11:13 T K D A & ASSOC, , INC, P,l 'EDA TOL TZ. KINO. DUVAL.. ANOEFlSON ANO ASSOCIATES. I NCORPORA reo ENGINSEORS ARCHITECTS P~ANNEORS 2500 ...MBRICAN NATION.... MNK BU,"OING SAINT PAUh~INNBSOT.l. 11101.18&3 61 ~/292.4""" 'AX 812/2B1oI:)083 November 1, 1989 Honorable Mayor end CIty COuncIl Andover, MInnesota F{e t Bent Creek Estates ProJ ect 88-20 Andover, MInnesoTa CommIssIon No. 9281 Dear Mayor and COuncIl I AmerIcan COntracTIng, Inc. has completed work on the above refereneed project and we recommend fInal payment. Both TKOA and the Andover Publ Ie Works Del'lar'tment have rev lewed the project and approved thel r work for final payment. The fInal cost was $4,362.12 less than the orIgInal bid due to lower quantItIes on restoratIon and pavIng. W. recommend fInal payment to AmerIcan COntractIng, Inc. In the amount of $9,4S1 .27. JFR/mha o ~ e CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nn'T~mh~r 7 1QAQ Engineering AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. 20. Order Assessment Hearin BY: The city Council is requested to approve the resolution for hearing on proposed assessment for the storm drainage improvements for Project 87-3B & 88-1 Crosstown Boulevard. The roll is in the Clerk's office for review. The roll is the same as in the feasibility report except the Olson lot has been split and John Rodeberg is looking at wingert's lot as to the area. The interest rate for the roll is proposed to be 8.5%. The bonds for 87-3B & 88-1 are temporary bonds to be resold in 1990 and 1991. The 8.5% is staff's estimated rate. Attached is a letter from Matt Olson. The notice will be published November 10th and the mailed notice will be sent on the lOth. THE 28TH IS A PLANNING AND ZONING DATE. THE COUNCIL MAY WISH TO HOLD THE PUBLIC HEARING ON THE 30TH. Enclosure: Hearing Resolution Typical Notices COUNCIL ACTION o MOTION BY TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ~MOTION by Councilman to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF STORM DRAINAGE FOR PROJECTS NO. 87-38 & 88-1. WHEREAS, by a resolution passed by the City Council on October 19 , 19 89 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements of Storm Drainage for Projects No. 87-3B & 88-1; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the 28th day of November, 1989, in the City Hall at 7:30 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 given to the owner of each parcel described in the assessment roll not less than 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 3l of the year in which such payment is made. Such payment must be made before October 150r 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___ voting with Councilmen 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 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o PROJECT NO. 87-3B & 88-1 CROSSTOWN BOULEVARD STORM DRAINAGE 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, November 28, 1989 at 7:30 P.M. to pass upon the proposed assessment for the improvement of Storm Drainage in the following described area: The NE 1/4 of the NE 1/4 of Section 33; the NW 1/4 of the NW l/4 of Section 34; and the SW 1/4 of Section 27; in particular property abutting Crosstown Boulevard from 139th Avenue to Coon Creek; properties abutting the easterly 350' of uplander Drive, Thrush Drive and the easterly 950' of South Coon Creek Drive in Shady Knoll Addition; parts of Kensington Estates 1st, 2nd and 3rd Additions; and property abutting Partridge Street in the Oaks. The amount to be specially assessed against your particular lot, or parcel of land is $ . 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 3l of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 3l 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 8.5 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 $63,696.00 . 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. BY ORDER OF THE CITY COUNCIL o Victoria Volk - City Clerk o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 87-3B & 88-1 CROSSTOWN BOULEVARD STORM DRAINAGE 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, November 28, 1989 at 7:30 P.M. to pass upon the proposed assessment for the improvement of Storm Drainage in the following described area: The NE 1/4 of the NE 1/4 of Section 33; the NW 1/4 of the NW l/4 of Section 34; and the SW l/4 of Section 27; in particular property abutting Crosstown Boulevard from 139th Avenue to Coon Creek; properties abutting the easterly 350' of uplander Drive, Thrush Drive and the easterly 950' of South Coon Creek Drive in Shady Knoll Addition; parts of Kensington Estates 1st, 2nd and 3rd Additions; and property abutting Partridge Street in the Oaks. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $63,696.00 Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL Victoria volk - City Clerk o " - :\ ! a . ;fJ)vt/.M~ n ' "", / c' ,-?-J ,?''( ~ ~__.cZ~~~~~~~ =~:~2-~=Z~ _.__.~. -- ..... . .....---- . . ..., -.~/~-~~~~~~~;;---~-:-: 1 --~.-. . .~;:!;:7~1:;~~1 --' -', ,'-',?hv'I "'- -,-"- -, " -, ----- '----,-- -- -,---~---~--',- I ~~, V H . . __~ _ ~ _ . . /~~~-~ u_.$d?/0 :2t; __.~___ _ _ ~ _ , ,_~_ ______, --r:fku~.' .._<Jt:'~ __'~_A"-<<'~~~I -()./~'fA)<r1~ ~d~_~~~~} __________~dLA_v~~~~~4d~~--~ -b~-3-~~~~~~~#-f .~~~~-'-~~.~~i .-~~t&-.~=-!t&~~-\ _~~~~-tv;~~~~~~- _~x~.,;, sz:A.i"< . - F " ',' ..,~ :~~ ./.../ '- w ___ Ptiba~ :..:: '-~,'-~>.~~ ___~_ _~~~!'.4 /Y,., .ALL ) ~ ,,:'d) ~/~~ (J ASV,' -?AL 01 ~ _~LLlq!/_VV'- ':, uJ _m _~~~~~ _ ____~_ _~~..:.. r- ___' .._~~~~~~~""~~ ---I-~~,..- _ --------- --- --,.....-----------------------------------,------ ~~- /~~l:~.___. ______ _ ___0.._ ___ _.-__._-.-_..__.__ . o o r 14159 CrosstDwn Blvd., N.W. Andover, Minnesota 55304 October 20, 1989 Mr. James Schrantz Public Works Director/City Engineer City of Andover 1685 Crossto~n Blvd., N.W. Andover, Minn. 55304 Dear Mr. Schrantz I The meeting held last nite, Oct. 19, 1989 c.oncerning assessments for the" storm drainage system raised two questions I wish tb offer for your consideration: 1. During the 31 years my wife & I have lived here there was no need for a storm drainage system for our property (0007 iil Project 87-)B) & for Crosstown Blvd., prior to the developments that have been, added adjacent to Crosstown Blvd. Therefore, why should we be asked to pay for something we had & still have no need for? 2., The map of Project, 87-3B indicates that between 25 & 30% of our property is benefited by the storm drain- age system. "Right-of-WayjEasement Acquisition" Comm.. N:o. 8179-B from TKDA dated dune" 1987 indicates "Total Parcel Acreage After - 1.82 acres. Yet" our assessment is based on 1 acre of benefits. How come? Your consideratiion of these concerns will be great- ly appreciated. Sincerely" / '. /'1 '" .~~~.,<"'fV tlM:'-rf;:1?- '2-f /Francis Wingert ~ cel Mayor Jim Elling o (Ii) e CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nnv~mh~r 7. AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. Approve Plans & Specs/Commercial Park pondin Engineering BY: The City Council is requested to approve the resolution approving the plans and specs and ordering the ad for bid for Project 89-24, Andover Commercial Park Pond, after the Council approves the amended resolution described below. Attached is a letter from Good Value waiving the need for a public hearing. At the October 17, 1989 meeting we ordered the plans and specs but didn't order a public hearing. I would like to amend the resolution accepting the feasibility study, waiving the public hearing, ordering the improvements and preparation of plans and specs. This will put our process in order. I also adjusted the dollar amount to reflect the City's 'cost of $20,000 and Hidden Creek East 2nd Addition cost of $2l,750 for a total of $41,750. Enclosure: Good Value Letter Amended Resolution accepting feasibility, ordering improvement, waiving public hearing and preparation of plans and specs. Resolution approving plans and specs. o MOTION BY TO COUNCIL ACTION SECOND BY o OOD ..\VALUE HOMES October 25, 1989 Rr~; ~+l~D Mr. Jim Schrantz City of Andover 1685 Crosstown Boulevard . Anoka, MN 55303 CITY OF ANDOVER RE: Hidden Creek East Second Addition Dear Mr. Schrantz: This letter acknowledges Good Value Homes' willingness to waive the public hearing and accept the four cents per square foot assessment for area and trunk storm sewer in that part of Hidden Creek East Second Addition which drains into the city of Aqdover. Sincerely, GOOD VALUE HOMES, INC. John R. Peterson Vice President of Development /j Enclosure o GOOD VALUE HOMES. INC. . Registered Builder. 1460 93rd Lane N,E,. Blaine. MN 55434-4396 · Phone: (612) 780-5510 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. 174-89 AMENDED 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 89-24 FOR STORM DRAINAGE IN THE FOLLOWING AREA: SOUTH 1/2 OF SECTION 34. WHEREAS, the City Council did on the 17th day of October, 1989, order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the l7th day of October, 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 $4l,750.00. 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 $4l,750.00, 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. MOTION seconded by Councilman City Council at a Meeting this and adopted by the 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 e o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 89-24, ANDOVER COMMERCIAL PARK POND FOR STORM DRAINAGE CONSTRUCTION. WHEREAS, pursuant to Resolution No. 174-89 Amended, adopted by the City Council on the l7th day of October , 1989, TKDA has prepared final plans and specifications for Project 89-24 for Storm Drainage construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of November , 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at lO:OO A.M. Monday November 20 , 19~ at the Andover City Hall. MOTION seconded by Councilman by the City Council at a and adopted day of Meeting this , 19 , with Councilmen voting in favor of the resolution and voting against same Councilmen whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk e CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Nn'7~mhoY 7~ 19Q9 ITEM NO. Request Speed Study/xenia & 157th Area Engineering .-(f>k BY: AGENDA SECTION NO. ORIGINATING DEPARTMENT BY: The City Council is requested to consider requesting a speed/traffic study in the Xenia Street/l57th Avenue NW area. See attached diagram. I have had a couple of requests from area residents. One resident had a discussion with one of the deputies and the resident indicated that the deputy could not issue a speeding ticket because the speed limit in the area is 55 mph. I also included the area Alladin Acres and the South Enchanted area. Fox Meadows has been through the process for reducing the speed limit. MOTION BY o TO COUNCIL ACTION SECOND BY :=J: :?7A>~ ; I 0\ . ---1---- I I (; I l I II ___L_____' ---- I I I \ ~ :!: RUM ROUND LAKE I I-I I ; I I I I I r I I I I I , ~:S1 I II''''' h """- , "~I ' " J::t:!.... I ES!"lES I 1 ;:W /J);