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HomeMy WebLinkAboutCC December 19, 1989 e-. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Honorable Mayor and City Council License Files Jay Blake, City Planner December 19, 1989 Junkvard Inspection Results I have completed the inspections for Mom's Auto Parts and Best Auto Parts. The yards have met the criteria outlined in Ordinance 44. The tires cited in the first inspection on both properties have been removed. staff recommends approval of the Mom's Auto Parts and Best Auto Parts Junkyard Licenses. o o ~ DEAR CITY COUNCIL: 10 c:,c_ {2-/1!I/7/ ?f WE WOULD LIKE TO INTRODUCE YOU TO OU~ MEALS ON WHEELS "RO.OOM. WE SERVE HOT.NUTRITIONALLY BALANCED NOO. .EOLS HOMEBOUND .EO.LE IN rOUR "EA. WE ...~ P"MAR'L" TO SEI,: I o/:{S OVEF' THE i=iGE 0::- 6(" f:U"" . C?1r\' ':LSO SEF.~VE TC NON-S.NIORS AT .ULL COST. WE "ROVIDE BRECIAL D'ETS AS A. 'EGUL.. ONES. OND ARE THEREFORE ..LE TO MEET ACMOS' DIETARY REQUI~MENT~ T,-, w OURS IS A VOLUNTEER PROGRAM. THF;oUGH VOLUNTEEI::: DF: I VEF:S ('iHO CONTRIBUTION TO THE PROGRAM. SUf:'F'OR:~~ BASE c t-llELL ANi~ THE I'lEALS F'F~:OV I DE {... t.rJE:~ H;iVE 14 AF::E: DEL I VEF.~ED LAF;GE It'./I< I ND L;:'1F:;~GE CONMUN I Ti' THE AREAS THAT THE NO." A.OKA MEALS OK WHEELS PROGRAM SERVES 15 ST.~R~ANC2S. BET~E~. GROVE. NORTYERN RAMSEv, NORTHERN ANDOVER. CEDAR, SODS"'.' r LLE · HAM LAKE. COO," LA"E. LINWOOD. c I NO LA"ES. CI RCLS P. "ES. CENTERU r L LS . C E" NO TO,.; AND EASTERN POR TI ON OF Eii....AINE. EAST BETHEL;BURNS. OAk 'N AN EFFORT TO RAISE .'.'8 .OR OUR PROGRAM IT HAS CO~ TO LIGHT THAT SOME COM"~[TrE. HAVE COM"~ITY BLOC. .'.N' FUNDS AVA'LABLE FOR HUMAN SERVICES. WE ARE INTERESTED I" BEING AB~E TO APPLY ~OR THESE FUNDS WHERE THEY ARE AWHLABlE: . WE WOULD LIKE TO HAVE AN INDICATION OF WHEN YOUR CITY OR TOWNSHIP WILL .EDI8PE'.". THE CO.. FUNDS F~ HUMAN SERVICES.SO THAT WE NAY SUBMIT AN APPLICATION. WE ~~E REQUESTING THAT YO~p CITy COMTACT US AT: NORTH ANOf'::A NEALE ON ('JI-iEELE 1562 VIJ(ING BLVD~ CEDAF:, MN. 55011 XMAGGI NOVAV. DIF::ECTOF: 7Yj~. 7? ~<- Dk-~~L~ur - H/0EC 71989 I -...._-~ CITY OF ANDOVER .. o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 December 8, 1989 Mr. Gary L. Englund, P.E., Chief Section of Water Supply and Well Management Minnesota Department of Health P.O. Box 9441 Minneapolis, MN 55440 Re: Compliance with Radionuclide Standards Municipal Water System Andover, Minnesota Dear Mr. Englund: This is in response to your recent correspondence with the City regarding the radium content of the City's drinking water, and plans to achieve compliance with the drinking water standards for radium. The City will not be able to comply with the MCL for combined Radium 226 and 228 by June 1, 1990 if the standard is to be established at a total of 5 picocuries per liter. However, it is also recognized that the standard is being considered for revision, allowing a maximum of 5 picocuries each for Radium 226 and 228, based on EPA's letter to you dated December 7, 1988. The referenced letter also stated that a final decision on the radium standard was anticipated in the fall of 1989; we are not aware of that decision. The City of Andover has commissioned Toltz, King, Duvall, Anderson and Associates, Inc. (TKDA) to initiate a study of the methods of achieving compliance, and the engineering work has proceeded. Even this engineering work has been impeded by difficulties with analytical discrepancies. Nevertheless, we are advised by TKDA that the impact of the final standard (5 picocuries per liter of combined radium vs. 5 picocuries per liter each of Radium 226 and 228) is significant, since our Well No.3 water and that from the pilot well for Well No.4, fall into the range of radium concentrations which either comply or do not comply, untreated, depending upon the standard adopted. The City cannot proceed with confidence on a plan for overall radium reduction in its drinking water until the required level of that reduction is defined. ~ It should also be noted that the wells with the highest radium concentrations, Nos. 1 and 2, have been relegated to a back-up position in the pumping sequence, and that the City's new elevated storage tank (currently under construction) is designed - ,. o Page Two December 8, 1989 Mr. Gary Englund, P.E., Chief to provide the consumers with water from wells other than Nos. 1 and 2 to the greatest extent possible. However, to proceed further with a remedial plan, or even to schedule the steps, a water quality goal must be established. The City submits that our system, with Well Nos. 1 and 2 in limited use, falls into a status similar to that recognized by other states' regulatory agencies which require municipal water systems to proceed only with engineering studies, and not specific improvements, until and unless a final determination of the MCL for radium is established. We request a similar requirement of the City, deferring any requirements other than studies until such time as the standard is finalized. Please advise us further with respect to this request to postpone definitive action until the final MCL's are promulgated. ~~ ~ames E. Schrantz ~~ity Engineer JES:kmt CC: Andover City Council John Davidson, TKDA c \ o -ro C,C, l<j;f/i:?9 ISO COMME:RCIAL RISK SE:RVICE:S, INC. - =...~ - ~,,,. ....,,,,"',, - ,,'. -= ,.",,,, -- ?i"r' firS D1vfi?16 &6 MERLE M. HAPPEL, CPCU f.4:yy_) REGIONAL DIRECTOR Ml/~~ca.... Mr. James Elling, Mayor 16ff5 ~rosstown BLvd NW Andover~ MN 55304 November 14, 19B9 Daar Mr. ELling: We are encloSing Classification Details and Improvement St.t...... I. ".p.... .. y... ...... '.q..... Th... .".'1. ... .......... c.,.. 'h. I.... which ... ""'.'. " ... F... S.pP....,.. R.tl.g SCh...,., ... .h'ch ... .f I.p.....c. I. determining your fire insurance Classification. Th... Cl....f,c..,.. 0".". ... r.p..,..... St.t...... .... ."".p.. "'.g 'h. I.f.....,.. 'b'.,... ...i.g ... ,gg5 ""'y ... ........ 'h.. c"."'... i. y... "'y ....,. .h. ..... Th., "f.. "" t. tho fl.. I......c. '.".g """f'c.t,.. .f Y'" c"y, .h"h .., b. "'d ,. tho '.'c".ti.. .f P"P..., I........ p,...... ... ... ... f.. P"P...y I... P"""'" .. llf. ..f..y purposes. Th. ci., cl""fic.ti.. .Ppli.. .. P"P...,.. "th . ...... fl.. fl.. .f a5DD .P' .. I.... Th. p",... ... P'bl'c P....c.,.. .. P"P...,.. ."h '..g.. f... fl... ... i'.i".,."y ".1....., and may vary from the city Classification. p,.... c..t.ct .. 'f Y" h.,. ..y q........ "'C""'. .h. enclosed material. Yours very truly, ~K~ ck:j h Charles I<vistad Field Representative enc. A SUBSIDIARY OF INSURANCE SERVICES OFFICE, INC. .' o FIRE INSURANCE CLASSIFICATION IMPROVEMENT STATEMENTS FOR ANDOVER, MN PREPARED BY ISO COMMERCIAL RISK SERVICES, INC. 6550 YORK AVENUE S SUITE 600 MINNEAPOLIS, MN 55435 AT THE REQUEST OF JAMES ELLING, MAYOR NOVEMBER 10, 1989 The following statements are based upon the criteria contained in our Fire Suppression Rating Schedule and upon conditions in Andover, MN on April 15, 1985. They indicate the performance needed to receive fuLL credit for the specific item in the Schedule and the quantity, you have provided. Partial improvement will resuLt in receiving a partial increase in the credit. These statements relate only to the fire insurance classification of your city. They are not for p~operty loss prevention or Life safety purposes and no Life safety or property loss prevention recommendations are made. RECEIVING AND HANDLING FIRE ALARMS Credit For Telephone Service (Item 414). (411.A.) For maximum credit in the Schedule, there should be 3 incoming telephone Lines reserved for receiving notification of fires. You had D lines credited as reserved in 1987. These 911 lines wouLd be credit as reserved if a new survey was done. Our policy on this item has changed sinc~ you were last graded. c (412.B.) For maximum credit in the Schedule, both the number to report a fire and a fire department business number shouLd be listed under "Fire Department" in the white pages directory. Your fire number is Listed and your business number is not Listed under "Fire Department". o (412.C. J For maximum credit in the Schedule, both the number to report a fire and the fire department business number should be listed under the name of the city the white pages directory. Your fire number is listed and your busineas number is not listed under the name of the city. Credit for Dispatch Circuits (Item 432). (431.8.-1 ) For maximum credit in the Schedule, the vOice-amplification alarm dispatch circuit should be electrically supervised. Total credit for Receiving and Handling Fire Alarms (440J. Actual Credit 7.39%; Maximum Credit 10.00%. FIRE DEPARTMENT Credit for Engine Companies (Item 513J. (511. + 512.) You have 2 engine companies in service. These ere calculated as follows: 60% for Engine 4881 because of insufficient equipment, hose (there should be at least 1200' of 2 1/2" or larger hose) and pumper tests. 50% for Engine 4886 because of insufficient equipment, hose (there should be at least 1200' of 2 1/2" or larger hose) and pumper tests. Credit for Reserve Pumpers (Item 523). (520. + 521.) For maximum credit pumper is needed. in the Schedule, 1 fully-equipped You have no reserve pumper. reserve Credit for Ladder Service (Item 549). (540. + 541. J For maximum credit in needed in you city. the schedule, 2 service companies are These are calculated as follows: o 2 service companies dues to the size of the area serviced. o (542-547.) You have 0 ladder and 1 service company. This is calculated as follows: 16% for Combined Service Company 81-86-87 because of insufficiant equipment. Cradit for Reserve Ladder Service (Item 553). (550. + 551.) For maximum credit in the service truck is needed. Schedule, 1 fUll-equipped reserve You have no reserve service truck. Credit for Distribution (Item 561). (560.) For maximum credit in the Schedule, all sections of the city with hydrant protection shoudl be within 1 1/2 miles of an adequately-equipped engine company and 2 1/2 miles of an adequately-equipped ladder, service, engine-ladder, or engine-service company. The distance to be measured along all-weather roads. Credit For Company Personnel (Item 571). An increase in the response of fire department members by one person will increase the fire department .33% Credit For Training (Item 581). (580.A.-G.) For maximum credit in the Schedule, complete facilities should be'provided for training and the training program should be improved. You receive 3.48% credit for the current training program and the use of faci lities. (58D.H.) For maximum credit in the Schedule, pre-fire planning inspections of each commercial, industrial institutional and other simi lar type bui ldi ng shou ld be made twice a year by company members. Records of the inspections should include complete and up-to-date notes and sketches. (580.1) For maximum credit in the Schedule, records should be kept of all training. o o c WATER SUPPLY Credit For the Water System (Item 616). (612. ) For maximum credit in the SChedule, the needed fire flows should be available at each location in the city. Needed fire flows of 2500 gpm and less should be available for two hours, 3000 and 3500 gpm for three hours and all others for four hours. See the attached table for an evaluation of fire flow tests made at representative locations in the city. Credit for Inspection and Conditions of Hydrants (Item 631). (630.) For maximum credit in the Schedule, all hydrants should be inspected twice a year, the inspection should include operation and a test at domestic pressure. Records should be kept of the inspections. Hydrants should be conspicuous, well located for Use by a pumper, and in good condition. o FIRE FLOW TESTS Andover, MN Test Made on April 15, 1985 - I I f Li mi ted Limi ted f f Needed f Limited I by by I f Test Fire Flow* I by I Distribution Hydrant I I No. apm I S !!QJULJiQ.!:.!s.L I Mains Sucing I I I I f I 1 2000 I 677 f AJequate AJequate f f f f f I 2 1000 I 677 I 2500 AJequate I I I I I I 3 1000 I 677 I 3700 Adequate f f I f f I I I I I I I I I I I I I f I I I f I I f I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -L-_ L____ I 1 *Needed fire flows exceeding 3500 gpm are not considered in determining the classificetion of the municipality. c " o CLASSIFICATION DETAILS Municipality An ,.1 rnT,:::) l'" State M1\j Population 9387 Date Surveyed April IS. ]98S Total Credit 4S.fi9. Cless fi/Q RECEIVING AND HANDLING FIRE ALARMS This section of the Fire Suppression Rating Schedule reviews facilities providad for the general public to report fires, and for the operator on duty at the communication center to dispatch fire department companies to the fires. Credit Actual . Maximum 1. [Item 414J Credit for Telephone Service This item reviews the facilities provided for the public to report fires, including the listing of fire and business numbers in the telephone directory. 0.89 2.00 2. [Item 422J Credit for Operators This item reviews the number of operators on-duty at the communcation center to h~ndle fire calls. 3.00 3.00 -- 3. [Item 432J Credit for Dispatch Circuits This item reviews the dispatch circuit facilities use to transmit alarms to department members. 3.50 5.00 4. [Item 440J Total Credit for Receiving and Handling Fire Alarms 7.39 10.00 o o FIRE DEPARTMENT This section of the Fire Suppression Rating Schedule reviews engine and ladder-service companies, equipment carried, response to fires, training and available fire fighters. Credit Actual Maximum 1. (Item 513) Credit for Engine Companies This review is for the number of engine compa companies and the hose and equipment car r i e d . ~. ~:;> 10.00 2. (Item 523) Credit for Reserve Pumpers -- This item reviews the number of reserve pumpers and their pump capaicty and the hose and equipment carrried on each. 0.2~ 1.00 3. (Item 532) Credit for Pump Capacity This item reviews the total available pump capacity. 5.00.. 5.00 4. (Item 549) Credit for Ladder Servica This item reviews the number of ladder and service companies and the equipment carried. 0.95 5.00 5. (Item 553) Credit for Reserve Ladder Service -- This item reviews the number of reserve ladder and service trucks, and the equipment ca'rried. 0.09 1.00 6. (Item 561) Credit for Distribution This item reviews the percent of the built-upo~ area of the city which has an adequately-equipped, responding first-due engine company within 1 1/2 miles and an adequately-equipped, responding ladder-sarVica company within 2 1/2 mi les. ~O.OO 7. (Item 571) 'Credit for Company Personnel 4.00 C) This item reviews the average number of equivalant fire fighters and company officers on duty with existing companies. 3.96 15.00+ I I o o 8. (Item 581) Credit for Training This item reviews the training facilities and their use. 9. (Item 590) Totel Credit for Fire Department 19.22., 3.48 WATER SUPPLY 1. (Item 616) Credit for the Water System This item reviews the supply works, the main capacity and hydrant distribution. 2. (Item 621) Credit for Hydrants This item reviews the type of hydrants, and method of installation. 3. (Item 631) Credit for Inspection and Condition of Hydrants This item reviews the frequency of inspections of hydrants and their condition. 4. (Item 640) Total Credit for Water Supply Actual J.l.:.lL 2.00 -- 3.00 22.71 C red it 9.00 50.00+ Maximum 35.00 2.00 3.00 40.00 -- o CLASSIFICATION DETAILS Date Surveyed___JillXiLJj~_~8~ Tots l C red it 4')..6.9 _ M un i c i pal i t Y --4..Il9.Q.Y.~L_.__.____ S t s t e--MN.__ Pop u l a tin SUMMARY OF CREDIT Assigned Maximum Credit Receiving and Handling Fire Alarms Fire Department Water Supply *Divergence 7.39 19.25 22.71 -3.66 10.00% 50.00 40.00 45.69 100.00 The Public Protection Class is based on the total percentage credit as follows: Class ~ 1 90.00 or mo re 2 80.00 to 89.99 3 70.00 to 79.99 4 60.00 to 69.99 5 50.00 to 59.99 6 40.00 to 49.99 , 7 30.00 to 39.99: 8 20.00 to 29.99 9 10.00 to 19.99 10 0 to 9.99 *Divergence is a reduction in credit to reflect a difference in the relative credits for Fire Department and Water Supply. The above classification has been developed for fire insurance rating purposes only. c LAW OFFICES OF (0 c.C, / 2/;7/g<j o RurKe and ..HawKins JOHN M. BURKE WILLIAM G. HAWKINS SUITE 101 299 COON RAPIDS BOULEVARD COON RAPtDS. MINNESOTA SS433 PHONE (612) 784-2998 December 14, 1989 ~u - CITY OF ANDOVER Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: Tonson, Inc. Dear Jim: The following is to give you an update concerning the status of the Tonson lawsuit. On December 12, 1989 I attended a partial Summary Judgment Motion in District Court with Ms. Ann Cohen of the Attorney General's office. The purpose of the Motion was to ask the Court to enter judgment against Tonson Tire, Inc., Waste Recycling and Milton LaPanta for the costs of the clean-up. The City's costs per letter of Jim Elling were $9,100.00. The Court has taken this matter under advisement and will render its decision within the next several months. If you have any further questions, please contact me. , G. Hawkins WGH:mk o LAW OFFICES OF 10 cc. /2);7) t?7 , .... ..- Burke IlHd JlIlWkiHS o JOHN M. BURKE WILLIAM G. HAWKINS SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA !5!5433 PHONE (612) 784-2998 "--;"E C E IV t .~-' "[DEe 1519891U December 13, 1989 The Honorable Mayor and City Council Members Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 CITY OF ANDOVER Re: Assessment Procedure - l73rd Avenue N.W. Dear Mayor and Council Members: The following opinion is in regard to your questions concerning procedures under Minnesota Statute S429.031 for petitioning of improvement projects and their application to the l73rd Avenue N.W. street improvement. FACTS: The City Council received a petition for the improvement of l73rd Avenue from residents who reside on Navajo Street and access to their houses by use of l73rd Avenue. No owners along 173rd Avenue signed the petition. After consideration of the petition and conducting a public hearing pursuant to Minnesota Statute S429, the City Council ordered the improvement on a simple majority vote of the Council. The question you ask is: QUESTION: o In determining the adequacy and legality of the petition for local improvements made pursuant to Minnesota Statute S429.03l, Subd. 1, must the petition be signed by the owners of property which abut the street that is proposed to be improved or may individuals who do not abut the street but will be assessed for the improvement thereof be included in the calculations to determine the 35% in frontage and reduce the vote to a simple majority from a 4/5 majority. --- Mayor and Council December 13, 1989 Page 2 Members o OPINION: 1. That portion of Minnesota Statute S429.031, Subd. 1 which is material reads as follows: "The hearing may be adjourned from time to time and a resolution ordering the improvement may be adopted at any time within six months after the date of the hearing by vote of majority of all members of the council. When the improvement has been petitioned for by the owners of not less than 35% in frontage of the real property abutting on the streets named in the petition as location of the improvement." I have reviewed several attorney generals' opinions which indicate that in order for the vote to be reduced to a simple majority the petition must be signed by persons who own property on the street named in the petition as location of the improve- men t. Accordingly it is my opinion that since none of the owners of property on 173rd Avenue, the location of the proposed street improvement, have signed the petition, a 4/5 majority vote of the Council was necessary to order the project. In view of the fact that only 3/5 vote ordered the improvement, such resolution did not pass and the project may not proceed at this time with- out the requisite vote. Since the statute allows the adoption of the resolution ordering the improvement any time within six months after the date of the hearing, the City Council would have the authority to adopt a resolution ordering the project by 4/5 vote, if done so within that time period. I would recommend, however, that prior to doing so that the residents be notified again of the hearing and the purpose thereof in the same manner as they were notified for the original hearing. If no action is taken by the City Council to reconsider this project, it will automatically terminate on February 15, 1990 pursuant to statute. WGH:mk ) . .., .;.-.i;-~~',''';i1;','',\;,~~, DATE: December 19, 1989 o ITEMS GIVEN TO THE CITY COUNCIL Letter from North Anoka Meals on Wheels Regular City Council Minutes (12/05/89) Special City Council Minutes (11-29-89) General Information on Seminars Planning & Zoning Minutes (11-28-89) Business Beat Letter to Gary Englund Letter from ISO Commercial Risk Services Letter from Burke & Hawkins re:TONSON Letter from Burke & Hawkins re:88-16 Letter from Lawrence Bastian/Teamsters Union No. 320 PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. o affiliated with the INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA 3001 University Avenue S.E.-Minneapolis, Minnesota 55414..... FAX (612) 331-8948 Phone (612) 331-3873 MINNESOTA TEAMSTERS PUBLIC & LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. J20 D E C-E~ V t.'-d~--. ,~ DEe 14 1989/U CITY OF ANDOVER December 13, 1989 Mr. James E. Schrantz City Administrator 1685 Crosstown Blvd. N.W. Andover, Mn 55304 RE: Contract Opener for 1990 For Andover Public Works Department Dear Mr. Schrantz: As the exclusive representative for our members in the above referenced bargaining unit, we are hereby notifying you that we have opened the contract for negotiations for the year 1990. Our demands will be submitted at a later date. Sincerely, TEAMSTERS LOCAL NO. 320 M. Bastian Agent LMB/jrnm OPEIU-#l2 Enclosure o United To Protect ~ o CITY of ANDOVER Regular City Council Meeting-December 19, 1989 7:30 P.M. Call to Order o Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Glatt Request 2. Watt's Garden Acres Sketch Plan/Comm. Blvd Alignment 3. Metes & Bounds Park Dedication 4. Ordinance 53 Amendment 5. Ordinance 62 Amendment 6. Kensington Estates 4th Addition Staff, Committee, Commission 7. License Renewals 8. Authorize Election Equip. Purchase 9. Award Computer Bid 10. Award Bid/Recycle Bins 11. Award Bid/IP89-24/Comm. Park Pond 12. Rose Park Discussion 13. Address Similarities 14. Equestrian Council Appointments 15. Open Burning, Cont. 16. utility Bills/Due Date Discussion 17. Compensation/Compo Plan Task Force Non-Discussion Items 18. Accept Assessment Roll/88-8, 88-17 19. Declare Costs, 89-4; 88-20 20. Accept Easements/Uplander Street 21. Approve Street Construction/Lund's 4th Addn. 22. Approve Engineering Rates/Bonestroo Eng. 23. ProclamationLChemical-Free Week 24. Accept County Roads 25. Approve Final Payment/87-10 Approval of Claims Adjourn o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December AGENDA SECTION NO. Approval of Minutes ORIGINATING DEPARTMENT Admin. Approval of Minutes , ~)Y Vicki Volk ~. ITEM NO. BY: The City Council is requested to approve the following minutes: November 29, 1989 December 5, 1989 Special Meeting Regular Meeting MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE n~~~mh~y 19, J999 AGENDA SECTION NO. Discussion Items 1 ITEM Glatt Request NO. ORIGINATING DEPARTMENT Planning ~~Uvv/ Jay Blake City Planner BY: APPR.~OVE~. FOR AGEN [j-J BY: REQUEST The Andover City Council is asked to consider the request of James Glatt to amend Ordinance 8 defining the term "animal unit" and replacing the terjl\"animal" under Section 7.03. BACKGROUND Mr. Glatt is proposing to add to his existing farming operation. See the enclosed maps. His plan includes seven buildings (I-vegetable processing, 2-chicken buildings and 4 hog houses). There has been a great deal of concern over the massive expansion of the operation. PLANNING REVIEW Ordinance 8 currently allows Mr. Glatt to have five (5) non- domesticated animals per acre without obtaining a Special Use Permit. The Glatt property is approximately 115 acres in area. Mr. Glatt could have 575 animals before a Special Use Permit would be required. Ordinance 57 (Ag. Preserve Ordinance), Section 4, subsection d states that a commercial feedlot (any place where more than 15 non-domesticated animals are kept) requires a Special Use Permit. Chapter 7020 of the Minnesota Pollution Control Agency Water Quality regulations defines the term "animal unit" a unit of measure used to compare differences in the production of animal manure. A swine over 55 pounds is considered .4 animal units and a chicken is .01 animal units. The PCA requires that an applicant receives a feedlot permit if there is more than 10 animal units. A copy of the proposed regulations is included in the packet. . COUNCIL ACTION o MOTION BY TO SECOND BY o Page 2 Glatt Request December 19, 1989 Clearly, the City is more restrictive than the PCA (15 animals versus 10 animal units). Mr. Glatt's proposal for the number of animals on the property is depicted in the following chart: ANIMALS Swine (including piglets) Chickens 886 ANIMAL UNITS (Based on MPCA Regulations) 303.3 Animal Units 5,333 74 Animal Units These calculations are approximate and reflect the maximum utilization of the proposed agricultural bUildings. Regardless of whether or not the city uses the term "animal" or "animal units", Mr. Glatt would be required to obtain a Special Use Permit for the operation under Section 4 of Ordinance 57. COUNCIL OPTIONS 1. The Andover City Council may direct staff to prepare an amendment to Ordinance 8 that removes the term "animal" and replaces it with "animal units" and refer the matter to the Andover Planning and Zoning Commission. 2. The Andover City Council may table the request. STAFF RECOMMENDATION Staff recommends that the City Council table the request, since the applicant will be required to obtain a Special Use Permit for the feedlot operation per Ordinance 57, Section 4. Also, the staff believes that the proposed request could be come an enforcement problem for the City. o ""~"'U"_'-_~,~=~__ ___ _......__..... ~. d'_ ...._... 1 , I I I . " , I I I . I " I " " I , i " I " " " I ! I u i i ! ! " I I i I I g " ! I i 1 i ~ I , , , , " " ~ I j o :::J 1 r _ CITY OF ,OAK GROVE. ANO~)A CO. ~ . . - .... .."Y ; ,,1'1'\' ~~i : -1- :,. .;? -1'7 __ ~I--: ~IIII i:t.l:J' o :~u::~ - /~? ;,.,.-. - ~'<"q.;. I -4 Jl f'l,7 7Y'"~: ~51~:~ ~ .__ ~~O~ Plllr:-.L'...-'/Y :1\: - '-11-- ___n_;-- ,f, '//0 I '-:j/-;-'~' , ,.:.....;:, '''.-oov<' . . .j,,:,\.2 . ~~-- :((2. -_. <, _, '. ,~. " ',C' I ;S '. : ; if AI",,";' '1' \.: ~!~":~-:- . >~ -- ~'W Y W ~. "if, :'i' .' . k,OGE:. i\ "'" "'::c. -- ,~'..., ;..::' 't-f-:!'. 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"'-:-1' i' l '. h . ,,~~"'. y " ~ .,..'4 ~~:/'I' -:--- I ."F".I I U~y, . ~ ' 'l'~~7:= :: R-4:;I!;':.:.:::...., - '/'i' Ii' I ~*,-:"'" ~ . .."'1' . -',) j !, ,r' o. ,~~6,!..' . I : - ;:, ~ . . . . I ';';f,..h~.. .:' ':;;Ii, R-ktil ' I=L -,,' li,'~ I I~~.:,~~~. A:: 'III n- I' I I I :1 ~\-" ^~ I ~ /' / LUj ~('r,/,V I ~''I/ iO -~ /~ ORDINANCE NO. 57 -~ o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA THE AGRICULTURAL PRESERVATION OR. DINANCE, PROMOTING THE HEALTH. SAFETY AND GENERAL WELFARE OF THE CITIZENS OF THE CITY OF ANDOVER, COUNTY OF ANOKA. STATE OF MINNESOTA. 1. LEGISLATIVE INTENT AND FINDINGS OF FACT The governing body does hereby find that land lying outside of the Metropolitan Urban Service Area of the City of Andover for which the logical and proper use is agriculture is threatened by rapid expanding growth and. urban development. The governing body further finds that urban develop' ment must be accommodated in a logical and orderly fashion in order to minimize the conflids between urban and agricultural uses. The governing bOdy further finds that the development and urbanization of high.quality agricultural land is detrimental to the long-range development plan of the City of Andover. It is the purpose of tnls ordinance to identify and classify such lands outside of the Metropolitan Urban Service Area of the City of Andover for which the logical and proper long-term use is agriculture and to preserve and protect said agricultural land from unnecessary encroachment by non-agricultural uses pursuant to Minnesota Statute473H. 2. DEFINITIONS A. Accessory Structure: A structure or portion.of a structure subordinate to and serving the principal use or structure on the same lot and customarily incidental ttlereto. b. Building: Any structure having a roof which may provide shelter or enclosure of persons, animals or canle and when said structures are divided by party walls without openings, any portion of such building so separated shall be deemed a separate building. c. Capital Improvement Program: An itemized program for a five-year prospective period, subject to at least biennial review. setting forth the schedule. timing and details of specific contemplated publiC improvements by year. together with their estimated cost, the need for each improvement, financial sources. and the financial impact lhat lhe improvements will have on the local governmental u d. Commercial Agriculture: The use of land for the growing and/or production of field crops, livestock. and livestock products for the prOduction of income including but not limited to the following: 1. field crops, including: Barley, soy beans, corn. hay, oals, potatoes, rye, sorghum and sunflowers and vegelables. 2. livestock, including: Dairy and beef cattle, goats, horses. sheep, hogs, poultry, game birds and other animals including ponies, deer, rabbits. and mink. 3. livestock products, including: milk. bU~ cheese, eggs. meat, fur and honey. e. I~y r"'lan: A plan adopted by a local governmental unit describing. designating and scheduling the areas to be sewered by the public system, the existing and planned capacities of the public system, the standardS and conditions under whiCh the installation of private sewer systems will be permitted, and to the extent practicable, the areas not suitable for public or private systems because of public health. safety and welfare considerations. f. Drainage System: Any natural or artificial feature or structure used for the conveyance, drainage, or storage of surface and/or underground water, including. but not limited to, streams. rivers. creeks. ditches. channels, conduits, gulleys, ravines, washes, lakes or ponds and structures SUCh as culverts, drainage tile, dams, bridges and water storage basins. g. Driveway: A private road or path for vehicle access to a pUblic road. which is wholly located on the parcel which is afforded access. h. Dwelling Unit: A residential buiding or portion thereof intended for occupancy by a family bul not including, hotels, motels. boarding or rooming nouses. tourist homes or trailers. I. Farm: Real property used for commercial agriculture or horticulture comprising at least 40 acres of either contiguous or non.conliguous acreage, all of which is owned and operated by a single family, family corporation, individual or corporation. Separate parcels must meet the minimum size requirements set out in Minnesota '\ ) c Statutes, 47JH.03. Subdivision 2. I.e.. ten acres. i. Farm Building: Any building or accessory structure other than a farm or non-farm dwelling which is used in a farming operation. including, but not limited to. a barn. granary, silo. farm implement tQr.~a4Lbuild!ng or milk house. k. FeedlOt-: -An-a?eawnere1'S domestic animals are confined. IS one I e: rue re 0 area 0 an or water of historic, archeological, paleontological or ar. chitet:tural value which has been designated as an historic site in the Federal Register of historical landmarks, the Minnesota Historical SOCiety, or by a local governmental unit. m. Home Occupation: Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the-dwelling when carried on within a dwelling unit and not in an accessory building pro- vided that no signs other than those normally utilized in residential districts are present. no stock in trade is stored on the premises, over-the-counter retail sales are not involved. and entrance to the home oc- cupation is gained from within the structure. n. Horticulture; The use of land for the growing or production for income of fruits, vegetables, flowers, nursery stock, including ornamental plants and trees, and cultured sod. o. Irrigation System: Any structure or equipment, mechanized or other, used to supply water for commercial agriculture or horticulture, including, but not limited to, wells. pumps. motors. pipes. culverts, gates. dams, ditches, tanks, ponds. and reservoirs. p. Parcel: A separate area of land, inclUding a lot, having speCific bOundaries and capable of being conveyed and recorded. q. Quarter Quarter Section: The northeast. nor. thwest. southwest or southeast quarter of a quarter section delineated by the United States Government system of land survey and which is exactly or nearly 40 acres in size. r. Relative: Father. mother, spouse, brother. sister, son, daugh1er, son. in. law. daughter-in.law. s. Road: A public thoroughfare, including without limitation streets, highways, freeways, parkways, thoroughfares, roads. avenues. boulevards. lanes. or places, however described: but not including private driveways or routes. t. Structure: Anything erected. the use of which requires more or less permanent location on the ground, or attached to something having a per. manent location on the ground. This shall include signs. u. All other definitions contained in the Andover City Zoning Ordinance shall also be applicable tothis Ordinance. 3. DESIGNATION AND ESTABLISHMENT OF DISTRICT a. The following zoning district together with the applicable requirements contained herein is hereby established as a part of the loning ordinance of the City of Andover: AgP Agricultural Preservation District b. The locations and boundaries of the district established by this ordinance shall be set forth on the zoning map of this city and said map is hereby made a part of this ordinance. Said map consisting of sheets, and all notations, references and data shown thereon is hereby incorporated by reference into this ordinance and shall be made as much a part ot it as if all were full described herein. The zoning map Shall be kept on file in the zoning administrator's office. 4. AgP AGRICULTURE PRESERVATION DISTRICT a. Intent: This district is intended to contain those areas of Andover where it is necessary and desirable. because of the high quality ot the soils, availability of water, and/or highly productive agricultural capability to preserve, promote, maintain. and enhance the use of the land for agricultural purposes and to protect such land from encroachment by non. agricultural uses, structures or activities. b. Permitted Uses and Structures: The following uses shall be permitted by right: 1. commercial agriculture and horticulture 2. farm buildings 3. farm drainage and irrigation systems 4. forestry 5. permanent single family dwelling units which do not exceed a density of one per quarter quarter section (a) the single family dwelling unit shall be located on a separate parcel which is at least two and one- half acres in size (b) the parcel on which the single family dwelling unit is located must have at least 300 feet of frontage along a road which has been accepted and is maintained by the city. {cl the driveway serving the parcel shall be separated from adjacent driveways on the same side of the road by the following distances depending upon road types. (1) local road: 100 feet (2) collector road: JOOfeet (3) minor arterial: 500 feet (4) minimum distance from intersection of two or moreol the above: 100 feet (d) the single family dwelling unit shall be set back at least 75 feet from the- road right.ot-way 6. historic sites c. Permitted Accessory Uses and Structures The following accessory uses and structures shall be perm itted. 1. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted uses and structures, including: (a) Private garages (b) Playhouses. swimming pools and storage buildings appurtenant to single family dwellings (c) L.andscaping items (d) Dwelling units which are temporarily oc- cupied by seasonal workers who are employed on the agricultural property where they are located. Such dwelling units shall not be occupied during the time that the agricultural property is not being actively farmed. d. SpeCial Uses . The following special uses may be approved by the City of Andover in the AgP Agricultural Preser. vation District provided that the provisions and requirements of Section 4. E (Standards for Granting Special Use Permits) of the zoning ordinance are fulfilled: -.L 1. Feedlot and Doultry facilities -J\ 2. Agricultural service establishments primarily engaged in performing agricultural animal husbandry or horticultural services on a fee or conlract basis including but not limited to. corn shelling. hay baling and threshing; sorting, grading and packing fruits and vegetables for the grower; agricultural produce milling and processing; hor- ticultural services; crop dusting; fruit picking; grain Cleaning; land grading; harvesting and plowing: farm equipment service and repair; veterinary services; and roadside stands utilizing permanent structures for the sale of agricultural produce grown on the site. 3. Public utility and publiC service structures including electric transmission and distribution lines, substations, gas regulator stations. com. munications equipment buildings. pumping stations and reservoirs. 4. Home occupations. e. Standards for Granting Special Use Permits No special use permit shall be issued by the City of Andover unless following review and written fin- dings it determines that the proposed use satisfies the following conditions: 1. The use shall not be one to which the noise. odor. dust, or chemical residues of commercial agriculture or horticulture might result in creation or establishment of a nuisance or trespass. 2. All agricultural service establishments shall be located at least 300 feet from any driveway affording access to a farm dwelling and at leasl 500 feet from any single family dwelling.. 3. All agricultural service establishments may require screening from the public view on the perimeter of the establishment by a solid fence, wall. or natural vegetation of not less than a feet in height. 4. An agricultural service establishment shall be incidental and necessary to the conduct of agriculture within the district. 5. Public utility and service structures shall be located and construction at such places and in such manner that they will minimize segmenting land of anyone farm and will not interfere with the conduct of agriculture by limiting or interfering with the access to lields or the effectiveness and efficiency of the farmer and farm equipment including crop spraying aircraft. f. Prohibited Uses and Structures All other uses and structures which are not specifically permitted by right or by special use permit shall be prohibited in the AgP Agricultural Preservation District. g. Minimum Lot Sizes, Yard Requirements and Structure Spacings: Shall be as set forth for the R-l zoning district under the Andover City Zoning Ordinance. h. Whenever property is zoned for AgP within the Ordinance No.8, Section SECTION 7. USES. o 7.01 Permitted Uses Within any of the following districts, no structure or land shall be used except for one (1) or more of the uses listed by district: (8ww, 10-6-87) PERMITTED USES IN ALL DISTRICTS Public utility uses for local service when located within public right-of-way. All other public utility uses require a special use permit. Public and private forests and wild life reservations and public parks. Public owned and operated property except as herein amended. Public elementary, junior and senior high schools. RESIDENTIAL DISTRICTS: R-1 Single Family Rural District Agricultural Uses. ~ Any site which has more than five (5) non-domestic animals per acre shall require a special use permit. Single family residential structures. R-2 Single Family Estate District Urban Agricultural uses. Single family residential buildings. R-3 Single Family Suburban District Urban Agricultural uses. Single family residential buildings. Private sewer and water systems shall only be permitted on every other lot or no more frequently than one private system for each 40,000 sq. ft. where large lots are established. This shall not apply to lots of record at the time this Ordinance is adopted. On each new plat, the lots are to be developed in accord~~~~ with this section and shall be so designated.-- R-4 Single Family Urban District , . o Urban Agricultural Uses. Single family residential buildings. Page 45 Ordinance No.8, Section 3.02, Je.A",-h",<s (0 Animals, Domestic: Animals commonly kept for pets, such as dogs, cats and similar animals. (8A, 2-14-75) {Animals, Non-domestic: Animals and poultry commonly kept for productive purposes on a farm such as cattle, hogs, sheep, goats, chickens, and other similar animals. (8A, 2-14-75) Animals, Pleasure-Recreational: Animals not normally kept in a residence such as horses, ponies, foals, donkeys, burrows, mules or others. (8A, 2-14-75) Apartment: A room or suite of rooms with cooking facilities which is occupied and normally rented as a residence by a single family. Shall include buildings with two, three or more dwelling units and efficiency units. (8BB, 4-2-85) Auto Reduction Yard: A lot or yard where two (2) or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment. ( Basement: A portion of a building located partly underground but having less than half its floor-to-ceiling height below the average grade of the adjoining ground. Boarding House (Rooming or Lodging House): A building other than a motel or hotel where, for compensation and by prearrangement for definite periods, meals, or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons. Building: Any structure having a roof which may provide shelter or enclosure of persons, animals or chattel and when said structures are divided by party walls without openings, each portion or such building so separated shall be deemed a separate building. Building Height: A distance to be measured from the mean curb level along the front lot line or from the mean ground level for all of that portion of the structure having frontage on a public right-of-way, whichever is higher, to the top of the cornice of a flat roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. Business: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. Carport: An automobile shelter having one (1) or more sides open. '0 Cellar: That portion of the building having more than one- half (1/2) of the floor-to-ceiling height below the average grade of the adjoining ground. Church: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory page 4 7020,0100 ANIMAL FEEDLOTS .0 CHAPTER 7020 MINNESOTA POLLUTION CONTROL AGENCY WATER QUALITY DIVISION ANIMAL FEEDLOTS 7020.0100 PREAMBLE. 7020.0200 SCOPE. 7020.0300 DEfiNITIONS. 7020.lJ.l00 ANIMAL fl,EDI.OT POLLUTION CONTROL REQUIREMENTS. 7020.0~OO PERMIT I'ROCEDURES. 7020.06110 I,XISTING PERMITS FOR TilE CONSTRUCTION AND OPERATION OF IJVESTO<'" HEDI.OTS. POULTRY FEEDLOTS. AND OTIIER ANIMAL I.OTS. 7020.0700 PROCEDURAL RULES AND APPEALS. 7020.0800 SEVERABILITY. 7020,0900 VARIANCE. PROCESSING OF ANIMAL FEEDI.OT PERMIT APPLICATIONS BY COUNTIES 7020.1500 SCOPE. 7020.1600 COUNTY PROCESSING PROCEDURE fOR ANIMAL FEEDLOT PERMIT APPLlC A nONS. 7020.1700 PROCEDURAL RULES AND APPEALS. 7020,1800 SEVERABILITY. 7020.1900 VARIANCES. .0 7020.0100 PREAMBLE. An adequate supply of healthy livestock, poultry, and other animals is essential to the well-being of' Minnesota citizens and the nation. These domesticated animals provide our daily source of meat, milk, eggs, and fiber. Their efficient, economic p'roduction must be the concern of all consumers if we are to have a continued abundance of high-quality, wholesome food and fiber at reasonable prices. However, livestock, poultry, and other animals produce manure which may, when improperly stored, transported, or disposed, negatively affect Minnesota's environment. When animal manure adds to air, water, or land pollution in the state of Minnesota, it must be controlled. The following rules for the control of livestock, poultry, and other animal manures have been promulgated to provide protection against pollution caused by manure from domesticated animals. However, these rules recognize that animal manure often provides beneficial qualities to the soil and to the production of agricultural crops. These rules provide for a cooperative program between counties and the Minnesota Pollution Control Agency (hereinafter agency). County programs, in many instances, represent considerable experience and sensitivity to local agricultural practices and to successful soil and water conservation. Pollution control measures, where deemed necessary by the agency, should be individually designed and developed to provide the site specific controls needed for the operation in question. Therefore, a joint county-state program is desirable because it will insure local involvement, minimal disruption to agricultural operations and protect the environment from further degradation. These rules comply with the policy and purpose of the state of Minnesota in regard to the control of pollution as set forth in Minnesota Statutes, chapters liS and 116. Specifically, these rules are promulgated in accordance with Minnesota Statutes, sections 116.07 and 115.03. Finally, these rules shall have the force and effect of law and shall supersede and replace Minnesota Rules SW 5.1 to 55 .____._(_\.-9-11) and Minnesota Rules SW 56 to 61 (1974) 20 days after their publication in the State Register. In repealing the old rules controlling pollution from animal feedlots, specifically Minnesota Rule 54 containing certain location requirements, the agency will look to local units of government to provide adequate land use planning for residential and agricultural areas. It has been the agency's experience that residential and agricultural uses of land are often incompatible and that the best forum for resolving the conflicting use of land is at the local ..:~: -;::"" 1 o o ANIMAL FEEDLOTS 7020.0300 level. However, in promulgating these rules the agency does not seck to abdicate its mandate to protect the purity of the natural resources of the state of Minnesota. Statutory Authority: MS s J /6.07 subJ 7 7020.0200 SCOPE. The provisions of parts 7020.0200 to 7020.0900 govern the storage, transportation. disposal, and utilization of animal manure and the application for and issuance of permits and certificates of compliance for construction and operation of animal manure management and disposal or utilization systems for the protection of the environment. Statutory Authority: MS s //6.07 subJ 7 7020.0300 DEFINITIONS. Subpart I. Scopc. All terms employed in these animal feedlot rules for which definitions are given in Minnesota Statutes, sections 115.07 and 116,06, shall have the meaning ascribed to them therein. The terms specified in this part shall have the meanings ascribed to them. Subp. 2. Agcncy. "Agency" means the Minnesota Pollution Control Agency as established in Minnesota Statutes, chapter 116. Subp. 3. Animal feedlot. "Animal fcedlot" means a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising, or holding of animals and specifically designed as a confinement area in which manure may accumulate. or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be ccnsidered animal feedlots under these parts. Subp. 4. Animal manure. "Animal manure" means poultry, livestock, or other animal excreta or a mixture of excreta with feed, bedding, or other materials. Subp. 5. Animal unit. "Animal unit" means a unit of measure used to compare differences in the production of animal manures that employs as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer. For purposes of parts 7020,0200 to 7020.0900, the following equivalents shall apply: A. one mature dairy cow, 1.4 animal unit; B. one slaughter steer or heifer, 1,0 animal unit; C. one horse, 1.0 animal unit; D. one swine over 55 pounds, 0.4 animal unit; E. one duck, 0.2 animal unit; F. one sheep, 0.) animal unit; G. one swine under 55 pounds, 0,05 animal unit; H. one turkey, 0.018 animal unit; .____uI.._one-chicken, 0.01 animal unit. For animals not listed in items A to I, the number of animal units shalI be defined as the average weight of the animal divided by 1,000 pounds. Subp. 6. Certificate of compliancc; "Certificate of compliance" means a letter from the director or the county feedlot pollution control officer to the owner of an animal feedlot stating that the feedlot meets agency requirements. Subp. 7. Change in opcration. "Change in operation" means an increase beyond the permiUed maximum number of animal units, an increase in the number of animal units which are confined at an unpermitted animal feedlot ;~ ~,'\ \......-/ I . ! I , [, ; Ie €. <:~\ r ~":":j I :.:,..;..' t t t, -,;.. f; ,. . I l r' f t I 1 ct"~' '. ...,,\ :.:..--'1 2 ',0 o 7020.0300 ANIMAL FEEDLOTS requiring a construction investment, or a change in the construction operation of an animal feedlot that would affect the storage, handling, utilization, or disposal of animal manure. Subp. 8. Corrective or protective measure. "Corrective or protective measure" means a practice, structure, condition, or combination thereof which prevents or reduces the discharge of pollutants from an animal feedlot to a level in conformity with agency rules. Subp. 9. County feedlot pollution control officer. "County feedlot pollution control officer" means a county employee or officer who is knowledgeable in agriculture and who is designated by the county board to receive and process animal feedlot permit applications. Subp. 10. Director. "Director" means the executive director of the Minnesota Pollution Control Agency whose duties are defined in Minnesota Statutes, section 116.03. Subp. II. Domestic fertilizer. "Domestic fertilizer" means: A. animal manure that is put on or injected into the soil to improve the quality or quantity of plant growth; or n. animal manure that is used as compost, soil conditioners, or specialized plant beds. Subp, 12. Floodplain. "Floodplain" means the areas adjoining a watercourse which have been or hereafter may be covered by a large flood known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. Subp. 13. Interim permit. "Interim permit" means a permit issued by the director or the county feedlot pollution control officer which expires no longer than ten months from the date of issue. Subp. 14. Manure storage area. "Manure storage area" means an area associated with an animal feedlot where animal manure or runoff containing animal manure is stored until it can be utilized as domestic fertilizer or removed to a permitted animal manure disposal site. Animal manure packs or mounding within the animal feedlot shall not be considered to be manure storage for these parts. Subp. 15. New animal feedlot. "New animal feedlot" means an animal feedlot constructed and operated at a site where no animal feedlot existed previously or where a pre-existing animal feedlot has been abandoned or unused for a period of five years or more. Subp. 16. - National Pollutant Discharge Elimination System (NPDES) permit. "National Pollutant Discharge Elimination System (NPDES) permit" means a permit issued by the agency for the purpose of regulating the discharge of pollutants from point sources including concentrated animal feeding operations. Subp. 17. Owner. "Owner", means all persons having possession, control, or title to an animal feedlot. Subp. 18. Pastures. "Pastures" means areas where grass or other grO\ying plants are used for grazing and where the concentration of animals is such that a vegetation cover is maintained during the growing season except in the immediate vicinity of temporary supplemeniaJ(eecfing or watering devices. Subp. 19. Permit. "Permit" means a document issued by the agency, at no charge to the applicant, which contains requirements, conditions, and compliance schedules relating to the discharge of animal manure pollutants. Subp. 20. Potential pollution hazard. "Potential pollution hazard" means a condition which indicates a potential for pollution of the land or waters of the state including: , t. 3 ANIMAL FEEDLOTS 7020.0500 o A. an animal feedlot or manure storage area whose boundaries are located within shoreland or floodplain. or are located in an area draining directly to a sinkhole or draining to an area with shallow soils overlying a fractured or cavernous rock, or are located within 100 feet of a water well; or B. an animal feedlot or manure storage area whose construction or operation will allow a discharge of pollutants to surface waters of the state in excess of applicable standards, including, but not limited to, chapters 7050 and . 7055, during a rainstorm event of less magnitude than the 25-year, 24-hour event, or will allow uncontrolled seepage of pollutants into the ground water, or will violate any applicable state rules. Subp. 21. Shore land. "Shoreland" means land located within the following distances from the ordinary high water elevation of public waters: A. land within 1,000 feet from the normal high water mark of a lake, pond, or flowage; and B. land within 300 feet of a river or stream or the landward side of floodplain delineated by ordinance on such a river or stream, whichever is greater. Subp. 22. Sinkhole. "Sinkhole" means a surface depression which is connected to a cavernous bedrock (generally limestone) by a channel or collapse of the overlying formation. Statutory Authority: MS s 116.07 subd 7 7020.0400 ANIMAL FEEDLOT POLLUTION CONTROL REQUIREMENTS. Subpart I. In general. No animal feedlot or manure storage area shall be constructed, located, or operated so as to create or maintain a potential pollution hazard unless a certificate of compliance or an agency permit has been issued. Subp. 2. Vehicles, spreaders. All vehicles used to transport animal manure on county, state, and interstate highways or through municipalities shall be leakproof. Manure spreaders with endgates shall be in compliance with this provision provided the endgate works effectively to restrict leakage and the manure spreader is leakproof. This shall not apply to animal manure being hauled to fields adjacent to feedlot operations or fields divided by roadways provided the animal manure is for use as domestic fertilizer. Subp. 3. Manure storage. Animal manure, when utilized as domestic fertilizer, shall not be stored for longer than one year and shall be applied at rates not exceeding local agricultural crop nutrient requirements except where allowed by permit. Local agricultural crop nutrient requirements can be obtained at local Soil Conservation Service offices or local Agricultural Extension Service offices. . Subp. 4. Animal manure. Any animal manure not utilized as domestic fertilizer shall be treated or disposed of in accordance with applicable state rules. Subp. 5. Owner's duties, The owner of any animal feedlot shall be responsible for the storage, transportation, and disposal of all animal manure generated in a manner consistent with the provisions herein. Statutory Authority: MS s 116.07 subd 7 7020.0500 PERMIT PROCEDURES. Subpart I. Application. The own~r of a proposed or existing animal--'---- feedlot for greater than ten animal units shall make application to the director for a permit when any of the following conditions exist: A. a new animal feedlot is proposed; B. a change in operation of an existing animal feedlot is proposed; C. ownership of an existing animal feedlot is changed; or D, a National Pollutant Discharge Elimination System (NPDES) permit application is required under state or federal rules and regulations, o 4 , f, !$' ~. r" /::, (20 >:...~. @: ~. CD 7020.0500 ANIMAL FEEDLOTS o Subpart la. Potential pollution hazard. The owner of any animal Feedlot shall be required to make an application For a permit when an inspection by the agency staff or a county Feedlot pollution control oFFicer determines that the animal Feedlot creates or maintains a potential pollution hazard. Suhp. 2. Contents of application. The permit application shall include the following items: A. A completed permit application form listing all owners and signed by at least one of the owners, including animal types, the maximum number of animals of each type which can be conFined at the animal feedlot, the location of the animal feedlot, soil conditions, and hydrogeological conditions. B. A map or aerial photograph showing the location of all wells, buildings, lakes, and watercourses within 1,000 feet of the proposed feedlot. C. A manure management plan including manure handling and application techniques, acreage available for manure application, and plans for any proposed manure storage structure. Any plans For manure storage structures of 500,000 gallons capacity or larger shall have been prepared or approved by a registered professional engineer or a soil conversation service employee. D. Such additional information relating to the specific site or the specific feedlot operation as may be requested by the director to evaluate compliance with federal and state rules. Subp. 3. More than one owner. When more than one' person is in possession, control, or has title to a single animal feedlot, only one person needs to apply for an animal feedlot permit; however, the permit application must list all owners in accordance with subpart 2, item A, All owners are responsible for compliance with these parts and permits or certificates of compliance issued pursuant to these parts. Subp. 4. Application review. The animal feedlot permit application shall be reviewed by the county feedlot pollution control officer or by the director if a county permit processing program has not been implemented in the county where the animal feedlot will be located. A. No permit shall be required when the review of the application indicates that all animal manures are being used as domestic fertilizer and that a potential pollution hazard does not exist or that potential pollution hazards have been satisfactorily addressed by corrective or protective measures. . However, a certificate of compliance shall be obtained by the owner of such an animal feedlot prior to commencing operation of the new feedlot, changing the operation of an existing feedlot, or changing ownership of an existing feedlot. B. The agency shall consider the issuance of a permit when the review indicates that a potential pollution hazard exists and has not been addressed by corrective or protective measures or when manure is not being used as a domestic fertilizer. (I) An interim permit shall be issued by the director when the potential pollution hazard will be corrected within ten months of the date of permit issuance. When all necessary corrective and protective measures-liave-- been installed on a permitted animal feedlot, the permit shall terminate and a certificate of compliance shall be issued. (2) An animal feedlot permit may be issued by the agency when the potential pollution hazard will not be corrected within ten months of the date of permit issuance or when manure is not used as a domestic fertilizer. This permit shall contain such conditions and requirements as the agency deems necessary in order to insure compliance with applicable state rules. , f l l . , I r I: ~ i. [ t I: V r: t:: ....- ;...~. ~ i' " ~ ;. ~ [ I I f o 5 ANIMAL FEEDLOTS 7020.1500 o (3) If it is determined during the review process that an animal feedlot must obtain a National Pollutant Discharge Elimination System (NPDES) permit, the applicant shall be notified and a permit shall be processed and issued as prescribed in chapter 7070. Statutory Authority: MS s 116.07 subd 7 7020.0600 EXISTING PERMITS FOR THE CONSTRUCTION AND OPERATION OF LIVESTOCK FEEDLOTS, POULTRY FEEDLOTS, AND OTHER ANIMAL LOTS. The conditions and provisions of all agency animal feedlot permits issued under Minnesota rules SW 51 to 61 before the effective date of parts 7020.0200 to 7020.0900 shall continue to be in effect. Upon application for a change in operation or change of ownership of an existing, permitted animal feedlot, the permit shall be reconsidered pursuant to these parts. Statutory Authority: MS s 116.07 subd 7 Nole: Minn(~'a Rules SW Silo 61 hIVe been repealed. 7020.0700 PROCEDURAL RULES AND APPEALS. All requests for hearings, appeals, and other procedural mallers not specifically provided for herein shall be governed by the agency rules of procedure, the rules of the Office of Administrative Hearings, and other applicable statutes and rules. Statutory Authority: MS s 116.07 subd 7 7020.0800 SEVERABILITY. If any provision of parts 7020.0200 to 7020.0900 or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions of parts 7020,0200 to 7020.0900 or application of any other part which can be given effect without application of the invalid provision. To this end the provisions of all parts and subparts herein and the various applications thereof are declared to be severable. Statutory Authority: MS s 116.07 subd 7 7020.0900 VARIANCE. Any person may apply for a variance from any requirements of parts 7020.0200 to 7020.0900. Such variances shall be applied for and acted upon by the agency in accordance with Minnesota Statutes, section 116.07, subdivision 5 and other applicable statutes and rules. Statutory Authority: MS s 116.07 subd 7 PROCESSING OF ANIMAL FEEDLOT PERMIT APPLICATIONS BY COUNTIES o 7020.1500 SCOPE. Any Minnesota county board may, by resolution, assume responsibility for processing applications for animal feedlot permits as authorized by Minnesota Statutes, section 116.07, subdivision 7. The provisions of parts 7020.1500 to 7020,1900 shall govern the exercise of approval and supervising authority by the agency with respect to the processing of animal feedlot permit applications by a county. Statutory Authority: MS s 116.07 subd 7 6 <"'-" /"",.... v-'.'. \~';_.- :.; ;".;.=;1 f , , f I r, i i ~ i , I ~. , i ; l ~ ..____n___ r f i I , I ..' ~. (;~S') o '.,0 7020.1600 ANIMAL FEEDLOTS 7020.1600 COUNTY PROCESSING PROCEDURE FOR ANIMAL FEEDLOT PERMIT APPLICATIONS. Subpart 1. Duties of county board. Any Minnesota county board desiring to assume responsibility for processing animal feedlot permit applications shall: A, Submit to the director a resolution duly adopted by the county board requesting permission to process animal feedlot permit applications in the county, Such resolution shall be accompanied by a statement describing the permit application processing procedure to be used by the county. B. Receive written approval from the agency authorizing the processing of animal feedlot permit applications within the county. C. Designate a county feedlot pollution control officer as having the primary responsibility for the animal feedlot permit program and charge him with the following duties: (I) distribute permit application forms made available by the director to those required to make application for the permit; (2) provide, where requested, assistance to applicants to' ensure that application forms are properly completed; (3) receive and review completed application forms and conduct such inspections as necessary to determine if' the proposed animal feedlot will comply with applicable state rules and applicable local ordinances; and (4) maintain a record of all correspondence and material relating to animal feedlot applications, certificates of compliance, and interim permits issued by the county. . Subp. 2. Procedures. The processing of applications for animal feedlot permits by a county board, as defined in Minnesota Statutes, section 116.07, subdivision 7, clauses (a), (b), and (c), shall be accomplished according to the following procedure: A. For animal feedlots with less than 1,000 animal units where manure is used as a domestic fertilizer and with no potential pollution hazard, the county feedlot pollution control officer shall provide a certificate of compliance to the agency and the applicant stating that the animal feedlots comply with all aspects of parts 7020.0200 to 7020.0900 and that no animal feedlot permit is required. B. For animal feedlots of less than 300 animal units where manure is used as a domestic fertilizer and where all potential pollution hazards have been mitigated by protective or corrective measures the county feedlot pollution control officer shall provide a certificate of compliance to the agency and to the applicant stating that the animal feedlots comply with parts 7020.0200 to 7020.0900 and that no animal feedlot permit is required. . C. The county feedlot pollution control officer shall forward to the director, with recommendations and comments, all animal feedlot permit applications which fall within the following categories: (I) animal feedlots of 1,000 animal units or more; (2) animal feedlots of more than 300 animal units where a potential pollution hazard has been mitigated through corrective or protective measures; (3) animal feedlots with a potential pollution hazard which has not been mitigated by corrective or protective measures; (4) animal feedlots where manure is not used as domestic fertilizer; ;. or , (5) animal feedlots for which further technical review is desired by the county feedlot pollution control officer. Subp. 3. Interim permits. Any county board which has assumed responsibility for processing feedlot permit applications in accordance with subpart I, may issue, deny, modify, impose conditions upon, or revoke interim I permits for animal feedlots smaller than 300 animal units where animal manure is used as a domestic fertilizer and with a potential pollution hazard which will 7 o .. o ANIMAL FEEDLOTS 7020,1600 be mitigated by corrective or prote<:tive measures within ten months of the date of the issuan<:e of the interim animal feedlot permit. These permits shall be' issued, denied, modified, have conditions imposed upon them, or revoked in conformance with the following requirements: A. In order for the county to issue an interim permit: (1) The director must receive written notification of the intention of the county to issue an interim permit. Such notification must include the completed permit application, a copy of the draft interim permit proposed for issuance by the county, and documentation concerning the potential pollution hazard and the corrective or protective measures to be taken by the owner. (2) The director shall, after receipt of written notification of intent to issue an interim permit, review the draft interim permit within 15 days to determine compliance with applicable agency rules and shall approve, suspend, modify, or reverse the issuance of the interim permit. If the director approves '. issuance of the interim permit, the interim permit and a certificate for display shall be returned to the county for issuance to the operator. If the director suspends, modifies, or reverses the issuance of the interim permit, the applicant . retains all rights of ilPpeal set out in part 7020.1700. If the director fails to act within 15 days after receipt of the draft interim permit from the county, the county may proceed to issue the interim permit. B. In order for a county to modify or impose conditions upon a interim permit the county shall notify the director in writing of its. intention to modify or impose conditions upon an interim animal feedlot permit. Such notification must include a copy of the interim permit together with the intended modifications and conditions. The director shall determine compliance with the provisions of applicable agency rules and shall either approve, suspend, further modify, or reverse the recommended modification or conditions within 15 days of receipt of the aforementioned notice of intent. The county shall be notified of said agency action. The applicant retains all rights of appeal set out in part 7020,1700, C. In order for a county to revoke an interim permit a copy of the interim permit together with a written justification for revocation must be submitted to the director. for review. The director shall, after receipt of the justification for revocation by the county, review the matter within ]5 days to determine compliance with the provisions of applicable agency rules. The county must receive written approval of the interim permit revocation from the agency prior to taking action. Where a revocation has been approved by the agency, the applicant must be informed in writing by the county of the reasons for revocation and the applicant shall retain all rights of appeal set out in part 7020.1700. D. In the case of a denial of an interim permit application by the county board, the applicant shall be informed by. the county in writing of the reasons for denial and shall be informed of applicable appeal procedures. The applicant shall retain all rights of fundamental fairness afforded by law and the applicant may make an appeal to the agency to review the county's action. Such a denial by a_cQ.u_fl_ty2hall be without prejudice to the applicant's right to. an appearance before the agency to request a public hearing or to file a further application after revisions are made to meet objections specified as reasons for denial. The agency shall approve, suspend, modify, or reverse the denial of an interim permit if the matter has been appealed to the agency. Subp. 4. Termination of interim permits. If the county has issued an interim permit, the county feedlot pollution control officer shall terminate the permit and issue a certificate of compliance when all necessary corrective and protcctive measures have been installed, ./.~...... (--:.:.'::" _7_:" :.' '",=,./ c':.:~ \...,.;i' 8 7020.1600 ANIMAL FEEDLOTS o . Subp. 5. Director review. The director shall review within 15 days all animal feedlot permit applications forwarded by the county and shall notify the county of the status of the review and of any intended action with respect to all properly completed animal feedlot permit applications, Subp. 6, Withdrawal by county from review process. A county no longer wishing to continue in the application review process shall submit a resolution slating its reasons for withdrawal and the effective date of withdrawal to the director. Subp. 7. Revocation of county review authority. If the agency finds that a county program is not meeting the requirements of these parts, the agency may, after giving the county written notice and an opportunity to respond, revoke its approval of the county's application review authority. Statutory Authority: MS s 116.07subd 7 7020.1700 PROCEDURAL RULES AND APPEALS. All requests for hearings, appeals, and other procedural matters not specifically provided for herein shall be governed by the agency rules of procedure, the rules of the Office of Administrative Hearings, and other applicable statutes and rules. Statutory Authority: MS s 116.07 subd 7 7020.1800 SEVERABILITY. If any provision of parts 7020.1500 to 7020.1900 or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions of parts 7020.1500 to 7020.1900 or application of any other part which can be given effect without application of the invalid provision. To this end the provisions of all parts and subparts herein and the various applications thereof are declared to be severable. Statutory Authority: MS s 116.07 subd 7 7020.1900 VARIANCES. Any person may apply for a variance from any requirements of parts 7020.1500 to 7020.1900. Such variances shall be applied for and acted upon by the agency in accordance with Minnesota Statutes, section 116.07, subdivision 5, and other applicable statutes and rules. Statutory Authority: MS s 116.07 subd 7 o I ! t. I ! ; ~. i i l ! I , ~. ! 9 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION December 19, 1989 DATE AGENDA SECTION NO. ORIGINATING APPROV~OR AGE BY: Jay ITEM 2. Watts Garden Acres NO. Sketch Plans/ Comm. Blvd. Ali BY: REQUEST The City Council is requested to review and approve the residential sketch plans for the development in Watt's Garden Acres and the future alignment of Commercial Boulevard from Hanson Boulevard to the the proposed Nightengale Street NW. BACKGROUND Three development groups have emerged through this process. The first group is the original Lynwood Estates group that includes the Mardaus and Hunt properties east of Jay Street. A ~econd group, including Hurst, Boeke and Wegner (and potentially Mistelske and Stanton) has also developed. Their development is known as Whip-O-Whil Estates. The last group would be the commercial property developers and existing businesses along Jay Street. SKETCH PLAN DISCUSSION The following sketches of the residential property (on yellow paper) have been submitted for your review: Overall Development Plan Sketch A. The Andover Review Committee was directed to compile a sketch of the Watts Garden Acres area without consideration of property lines. Sketch A is the original development plan put o MOTION BY TO COUNCIL ACTION SECOND BY o Page 2 Watt's Garden Acres Sketch plans/ Commercial Blvd. Alignment December 19, 1989 forth by the Committee. Several concerns have been raised regarding the usefulness of this sketch. The fact of the matter is, that there are property owners with different development ideas and to not consider property lines may not be effective. Also, portions of the Mardaus, Hurst and Wegner properties might be better suited as future commercial property (properties to be located along Hanson Boulevard and Commercial Boulevard). Note: Sketch A was designed by use of the existing topography, natural features (existing trees), Ordinance 10 requirements regarding the future street alignment, and future drainage areas which may be required as part of the development. East of Jay street Sketch B. Lynwood Estates Sketch plan (with the Wegner property) includes the extension of Hummingbird Street and the creation of Ibis Street NW (the cul-de-sac from 134th Ave. south to the Hunt property). The eastern part of the property would remain commercial along Hanson Boulevard, however, everything west of the power line easement would be switched to residential. This, too, is an ARC drawing of what might work for the development. Note: Sketch B design is acceptable by use of existing topography, natural features and Ordinance 10 requirements regarding the future street alignment. Sketch C. Wegner drawing of Whip-O-Whil Estates and Lynwood Estates. The Andover Review Committee has a concern that the cul- de-sac makes the turn to the west forcing the removal of the trees and significant grading on the Mardaus property. Protection of the trees is one of the main reasons the City continues to look at these options on the property. The eastern part of the property would remain commercial along Hanson Boulevard, however, everything west of the power line easement would be switched to residential. West of Jay Street Sketch D. Whip-O-Whil Estates (west) drawing submitted by Hurst and Boeke. The Hurst and Boeke homes are included on this sketch. The ARC has generally reviewed the sketch and believes that with minor alterations, the sketch could work well. Some of the intersections might need to be squared up to create safer traffic patterns. o The Planning and zoning Commission held a a motion to recommend to the City Council Band D for the residential development. from the Planning Commission. public hearing and made approval of Sketch See the enclosed minutes o Page 3 Watt's Garden Acres Sketch Plans/ Commercial Blvd. Alignment December 19, 1989 The Andover Review Committee is concerned with the grading of the development. Both Stanton and Mistelske will need fill and may not be ready or willing to develop at this time. Boelke and Hurst may have enough material to complete the grading west of Jay Street. Property owners/developers are required to meet all requirements of Ordinances 8 and 10. COMMERCIAL BOULEVARD DISCUSSION The future alignment of Commercial Boulevard will in some form, control the development of the Watts Garden Acres area. The discussion should center on two different portions of Commercial boulevard - Hanson Blvd. to Jay st. and Jay St. to Tonson. Hanson Boulevard to Jay Street. (Blue Paper) John Rodeberg, TKDA Consulting Engineer, has compiled five drawings for your review. Staff has discussed the alignments and recommends that options 3 and 4 be examined further. The merits of each drawing will be discussed briefly at the meeting. Jay street to Tonson Site. (Pink Paper) Staff has prepared three options for the alignment of Commercial Boulevard from Jay Street to the Tonson Site. Again, the merits of each alignment will be discussed further. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning Commission recommended that alignment 4 between Hanson Boulevard and Jay Street be utilized and that Option C be top priority for the road alignment between Jay Street and Nightengale Street. Please consult the enclosed minutes for further discussion and background. o '.' 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'" " :=:J j: ~ 0 ". 0 0 en Z WW ;W 0...1 z<< '0.", <<'" 0::- "'''' <! "''' CIl (9 '" :0 " '" O ~ <3 0", w CZ ~ ~ 0 ~ 0 >- <t -:> '" ~ o '" << ::E ..; :i .-~ --c!j"-" ---:l <<I- -z :j" ~x t:J li:j: llJi :0", x. ~ o 0 NI '" f- :jJ.$ UJ I~ ~~ 3 :'~ n. ~(f) ; .~,.;;;':.?;, ~, z ~ .on a:cO~ w...I...I >w<< 8~ z:O 9 << <n I- ~ 3: c:i > .J (J) 2 \D z o (f) Z <t :r: Ol PJ<;;~1 9 -0 -:sic k .sic. o BUNKER LAKE BLVD. / CO. RD. 116 BEST AUTO PARTS C. MISTELSKE (3) I (6) WILBER AUTO PARTS 0 (HAROLD WILBER) 2 p..C?-t.-S X\\)t.-~ Gf): \'5 0 '-N p..\ COMMERCIAL AUTO PARTS (CHARLES MISTELSKE) (8) 3 (9) D CJ ANDOVER AUTO PARTS 4 KURT 8 SUSAN HURST 5 o o COMMERCIAL BLVD. LAYOUT Jay 81. to Nightingale 81. OPTION A BUNKER LAKE BLVD. / CO. RD. 116 BEST AUTO PARTS c. MISTELSKE (311 (61 !lc KURT a SUSAN HURST 5 o o o COMMERCIAL BLVD. LAYOUT Jay 8t. to Nightingale 81. OPTION B -0 BUNKER LAKE BLVD. / CO. RD. 116 ~ BEST AUTO PARTS C. MISTELSKE (3) I (6) 4 :Jc. :k. KURT 8 SUSAN HURST 5 o o o COMMERCIAL BLVD. LAYOUT Jay 81. to Nightingale 81. OPTION C J o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE December 19. 1989 ORIGINATING DEPARTMENT ~ ITEM NO.3. Metes and Bounds Park Dedication BY: Ja REQUEST The Andover City Council is asked to review the request of the Park and Recreation Committee to take park dedication fees from Metes and Bounds Lot Splits of five (5) acres or larger. Park Board Chairman, Marc McMullen will be at the meeting to discuss this item. BACKGROUND The City has not taken park dedication fees from Metes and Bounds lot splits. The Park Committee has recommended that the City use the same procedure for taking park fees from metes and bounds splits as we would for any other subdivision. Ordinance 10 currently states that park fees should be taken from any subdivision of land. A metes and bounds split would fall under the City's definition of a subdivision of land. The process for determining park dedication fees (Section 9.07 of the Ordinance 10) would be the same as with the subdivision/platting process and would be required only on the new lot being created. One concern that has surfaced is the possibility that a parcel would be divided again. Once park fees are received from a property, no additional fees can be taken from that parcel and fees might be greater at a later date. Also, the proposal would require the payment of park dedication fees if a farm were split into two farms. Staff suggests that an upper limit for acreage be set so that this problem could be avoided. continued COUNCIL ACTION o MOTION BY TO SECOND BY o Page Two 3. Metes and Bounds Park Dedication The city of Ramsey no longer accepts metes and bounds lot divisions and did not take park dedication fees when metes and bounds were allowed. The City of Ham Lake does not require park dedication for these splits. Oak Grove does require park dedication on metes and bounds lot splits. COUNCIL OPTIONS A. The Andover City Council may approve and direct staff to prepare an amendment to Ordinance 10that specifically allows for park fees to be taken on all metes and bounds lot splits. B. The Andover City Council may approve the enclosed amendment to Ordinance 10 that clarifies the taking of park dedication fees on metes and bounds lot splits on parcels greater than 5 acres and less than 20 acres. C. The item may be tabled for further discussion. PLANNING COMMISSION RECOMMENDATION The Andover Planning and zoning Commission reviewed the request at their November 28, 1989 meeting and recommended option B. o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o ORDINANCE NO. 10 AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: Adopted by the City Council of the City of Andover this day of , 198 CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o Andover Planning and zoning Commission November 28, 1989 Meeting Minutes Page Ten o Second to motion by Vistad, All commissioners voted in favor with exception as noted: Don Spotts does not favor plan for Commercial Bolevard. MOTION passed; will be presented to City Council 12/19/89. Commissioner Spotts asked Blake how many zoning changes will be required. Blake replied Wegner's property and part ofMardaus property would be rezoned, Metes and Bounds, Park Dedication Background to the request for Planning and zoning Commission to review the request of the Andover Park and Recreation Committee to take park dedication fees from metes and bounds lot splits of five acres or larger is included in commissioner's packets. Mr. Marc McMullen, Chairman of the Andover Park and Recreation Commission was present to discuss request with Planning and zoning Commission. It is the opinion of City Attorney Bill Hawkins that a flat rate lot split fee may not be legal. Chairman McMullen suggested fee be set at 10% of fair market value. Vistad recommended fee be set at 10% of fair market value, or $200.00, whichever is less. Spotts felt this would be unfair when comparing a small lot split with a large development that could recoup fee. Blake said another option would be to not allow metes and bounds. City could require platting process for all divisions. vis tad made a MOTION that the Planning and Zoning Commission recommend to the Andover City Council park dedication fee on all metes and bounds lot splits be based on lO% of fair market value on newly created lots of parcels that are less than 20 acres. Second to motion by Don Spotts. All commissioners but Randal Peek favor motion; MOTION passed. Blake will prepare changes to Ordinance 40, It was recommended that appraisal fee be negotiated between buyer and seller. Ordinance Amendments Don Spotts made a MOTION to approve amendments to city Ordinance 53 (Dog Ordinance) and 62 (Discharge of Firearms Ordinance) as presented. Second to motion by Randal Peek. All commissioners favor motion, MOTION passed. other Business Chairman Pease suggested the holiday party be tentatively scheduled for January. ~ Commissioners will meet at the Andover City Hall offices at 6:30 P.M. on cont ' d. . . o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 19, 1989 ITEM NO. 4. Ordinance 53 Amendment BY: AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT Planning REQUEST The Andover City Council is asked to review and approve the enclosed amendment to Ordinance 53 (Dog Ordinance). BACKGROUND During the course of our research efforts for other planning projects, staff has located Ordinances 1 and 2. These ordinances were thought to have been lost in poorly kept Township records. Ordinance #1 was first adopted in 1966. A copy of the original ordinance is included in this packet. Further research has indicated that the original ordinance was not repealed by any action of the City Councilor Town Board. The following Ordinance amendment is submitted for your approval. COUNCIL ACTION MOTION BY TO SECOND BY (0 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 53 AN ORDINANCE &~NDING ORDINANCE NO. 53, ADOPTED THE 17TH DAY OF FEBRUARY, 1981', COMMONLY KNOWN AS THE DOG ORDINANCE THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 53 is hereby amended as follows: SECTION 22. REPEAL ted October 15, 1966, Ordinance No.5. Or lnance No. 14, a opted February 26, 1973, Ordinance No. 38, adopted 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 TOWNSHIP OF GROW COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 1 Dog Ordinance Every owner of keeper of a dog shall cause the same to be confined to the owner's premises. The Township Supervisors, or persons authorized by the Supervisors, shall provide suitable dog tags to the owners. A record of the owners' names and addresses shall be maintained by the Township. Supervisors are authorized to charge a sufficient sum for said tags to compensate the Township for the cost of obtaining tags and maintaining an identification system. Public authorities, or individuals authorized by the Township, that pick up stray dogs; shall be required to notify the owners of any stray wearing an identificatioa tag. An owner may reclaim any dog so impounded within five (5) days 'by paying an impoundment charge and boarding fees. The amount of said impoundment charge and boarding fee shall be established by the Supervisors. Any dog not claimed by the owner within a period of five (5) days may be disposed of by the person in charge of the impoundment. Note ... To have a stray picked up, call any of the Township Board members listed below. In case of an animal that aooears to be sick or dangerous, call the constable first and if he'cannot be reached, then call any of the ethers. Supervisors Louis Appleby Leonard Johnson LeRoy Winner 421-1922 421-4181 421-1859 Constable Trueman Hulegaard Justice of the Peace Robert Nehring 421-3107 434-5623 By: Board of Supervisors Leonard Johnson, Chairman Edward Herman Louis Appleby o (The Township Board meets on the second Tuesday of the month at the red clubhouse on Andover Road.) Notice published states "after October 15, 1966 ... all dogs and cats must be confined to owner's property and must wear an identification tag provided by owner. Stray dogs and cats may be picked up and confined at owner's expense." ;, 'i~: . . ' ,. :.~ :~;N~l:} ~; GROW TO':~'NSHI.P:, DJG .OI:W.HIANC <". . .: : \. .~. ':;~'~f . ';;~i!E~~l~.~!~:~~\:.t~.;-, :: ~:{ "[We, ~>y .own er. a ~>': 1< e e P8, i; of .~ :<Jog ;shillJ:~~.c;~ ~Se;lj .J aJ~ . (.1" confIned to the Ofl11er s rr"fTlISes. rhe~''I'_o,~nsl up"~ ;, ~.SOF.$., ,,?r. perr;ons'.8uthoeiZ. cd bYFthe Sllp~:iw;1J:$b~ :';.' 'a~l:J.fl ",~de,;~sultaole dog' tars to..theowners.d A~;r..eieQrctt "'l'he.;~ .,' :: . n.emes: ~nd;' pd d re~;ses she:' 11. be mC1 inte i ned':b:Y:~th~dl19&';nsh'i~' .~~~~! . ~:,urerv1sars F're C'utharlzed to charr--8 a suI'f~1.c1e:IV~:~!~,sum;t<l: r"'j:':, .. Sr.1U tA/ZS' .to cornren~:8 te the TO-Nnsh i p for !.the' 'cQst:1;of ',:ol::t;f~,h...:i H,k;, i t1 g tf'gs, <' nd me t n t<:, i,! !'I1,'1 an id e n:tt f 1 ~f' ~ i 9n'fsyst'eli!J~'rub,F~:~::, H tiH;:j' CJ \l th 0 r1 t I ~ S ~ or .1 nd ~ VI ~1 !JCll? (11.~thofl7.ed by "thl?' 'TownSrlp ;'tf;Lf1T~X! Hhr p l~k. up s u r,'y dog~, ShH 11 . De r ~ Cl\llre9 to .n. o,~ J, f.y,J..th.e... ,ONnp.~~. :i'J i::M:;.",r. ,; 0 f, ?n:y . st rC'ly nee' 1"1 nF; nn 1 den t,l fl c~.t 1:J1! ; t9gjj ~An if.o:,vv.,er:\.ma~~~;" : :j :'l%rT :;;. re~1~lm any dog so 1i1'l~0\Jnded w~th"-11n flV:~ ":(i5 ~d.qYi~t<PY p,:t~\i!!ing;t.;:t~A: r . ';l n : 1 rn ro un d f:'1e n t c h (' t'f-' e end b 0<' rd 1 np;,,;f e e S .'l'T9;e nrmo.utft; 9 f -,sa~i1:.d iil JH < l~nrO)tiJIdmcn1J ell;: T'f-'e F'Tld bar rd 1 ng'fep. f3h8~1";:,b~ est~,!?.l ~sh~c1.;J:hb,y it:1.';) l' .t.rle.'JUrervI~lOrs, Any c!0,9.' not, c18~med bY:~lt.h.:~-"o~n. eiP...~tllthl.Il~~ :":1~!)).~: l rer'l..Jd of fIve (5) dr-vs mF'y oe d18rOsed',of;~~by :.t.he,iJpe"'san:ifIn; +i'<.:: c,r:~r.fIT o~, the lu]paundmp-nt. ~.)~'c;~__ ~~:::!~~~~ .,kcU.J' _.,_~.~t jl-L:,~: ;':. '.' , ." I. " ,'" -: ."'.,. , '".. "r; '.1'~ ,: ".~. ,!I'!I;;." . '~'i!!'!..' l'~ 'r'---". -1"';.:;il'.' ': . ::~;':!: ';'~~"'i':fi':: '\!':'~;'l':" . .!~:;~~t~ "f"'~~I. Note~'~.rro c18ve ':1 stray picked up,'~r'll i~ny.f:t-or ..th,~JTo'Nn:3.i,l:~iI). :,;.LI.- BOC'Jrd'fl1ertbel~S lIsted below. In cEI.se of <'In,,:anHnaX.;.trFlt ,"~~\~', ,'y>-;, ~. 'rlppe~.~rs to be sick 'Ol" d:"'rigero11s,0t:'11 the:':l9pnst~bJ}el fir~"t~ ;;'L-H~. ,( '('~d if he c?l1not .~e repehed t,hen<~pll ~;~.~~ik~1~;'\~~#;i~!1:f~er'sl~r~'TU~' (.j;' Supervisors' :.:"': ,':"'::oc,,,,,"/ ..,,'>i"fJ' . . 'iF I., 0:1,,- It; ;. ' . '.'. " : "j'. ~~f;;'; .. <fJ ::,>;; 'if!} t<:) :< .' ' Louis Apr1eby.... ,'~',"oll:2J-l:q22:~[r: r:...; Le 0 T1 C1 1'0 John son. . ,':.: .~:. 421-LJ.1En ;.:; ". ';'... . LeHoy .flinner,:...., ..'.~.:?1-1e5.9 ".' 1;',;'::: Con,s tOp b 1 e ; , :: ':~d . . .,:.1._;'. :":J":~~~'~ ' :.b.rai; l'? :: '< : I o' Truemo n H u1 eg~," rd ":"~~~jl~N',~l; 1 ~ [:wi t. u., t,l ceo f : the 1 e~ :~~ :': :.::;X~f~ i' . .:l:;:-i'~ ~ );.t-.~ : ;' ..... J: .HObef~ NehF:~g~"" .":,~~!i!WVj.-5:~fFt .\rr ;.'~1'~i.: BOr: 1':1 r.-:e<> ts; OT.' thr-:':' :seco no' '1'ue:~prYi.p.rf:the .,)~i :'1,/.; :" ;~,,~.r .. .,~ ...; .,"' r~"li~:. ,.,.'t'.h'l' 'f.J:Jii' . '. .' , ,i~ ; I'l:.: }-Ht.. : ,L;r,; ~'~'!~;l . -~~-~t:"7;-~------' ..:If ; flW 'J::~" ,,,~,,;;i' ,- 1.~j" . t'/:1r:i~:'T' "":;/:",~' f: ,. ~' .~ : :- :.:';.. . ;";, , . ;~:~"'~~l'~;" . ~: . ~.:. ~: ~.:. ('J.'heTomnshir ~;, . rriohtll C't,' the ", j;:. ,.: ;.. :'. " "" .~:.' , :..~r: ~~ I I., .....} l '~a~~ : j;ff~ . :. ...:. ~ : ~ :"- :. .-.r.::' ~ :~J.t~ r . iP-:':?E:' . .t. . ~. ",......'9 . ::-: ~ :: ",",1.. ~~l ; . .-::' ,- '. ~:: ,. . .t-., ~ . . ' , . .~ ~~..: . " " :;': ~ ? :ii~ t " . 'L~t.. .:": '. ~.. .:\~1, : '~::~: I ;, ::. ~ .~.. .", . . . 0:,., i i \ :.) t~.; " l.~:. .; r~: ;' . ; .~.~. i. . ,"',. ';h, : ~i. r: ~' ; " ;., I': I \ -".:.~~ \ 1 ;" ;. f , L. ';}: ". ,- , ,- ..... , ',' :,~ t .;:: .r.' :'.:: ~. I:' ~- ," ~ .. "';1., ".;" H"\ -----.-------. -.- ..--- ..--.... ~. .~" ! -'- t~t (~ I GROW TO':~'r\ 'finer. ,JY' ]<eep';p ,)f to the unner's rr "('1':;;00::" pl.lLho['i.z('~d ! IJ'" d '''g '.., ," ,- Lot "J e - ..:~ U. v CJ ;. '. ..:' L. ".J ~ J 'ddT'e~;ses ~.3h211 i)C n ", 1" P. .., 111. h ') c- i "7 '" 'J ~. ,) AI; f .., '" , \. _. _, '.:.. t .l,.. , (~r ~o (:orn.r'ell,:::;~ te the', Tot:: d r:12i.llt.F'ini71{! nn idi,iffi:~- ; , 0 l' i T1 d i v i d ur~ Is rl u t l~i'~~~, ';"y dO{T~;3hHll,bc l~~\l" ,y iJerrlllf! Cln Ide~lt,lf d op; so ir':J ro tJ n:J ed ',II ii ~ont ell,'" l"fTr:\ ,.-,..,rJ b('~' ,...,~ ':'0 ...., J ~ -.....: 1_ ",' \,J J.. ch~rFe 2nd toprding s:) l~ S , Any' cJ 0 r, n () 1:. r: 1 ~1 ' , ; (5J d~vs !T)r'Y be di:" ,he in!poundiiJ(~nt."' :' lt1Ve '? st-ray r.icl~ed u~, c, rs llstea below. In cas he 2ick or" d:"ng:erOl]S,~~ 'C"l1!1,Jt be ;'epched then c:: Supervisors r. ' I l' -\)U1S \prAOY... ,Leonrrd Johnson. LeHoy ~inner.... COllstpble ",.'. .1J.?1-1022 ,I.: ?l-LJ,Hn ,J-l.?'1-1f.59 . . , :....j. ..' .;d :.I i".:;' ;',.' ..::! "r- ;:;'J "~T i : ! ~ ' Truem2n Huleg88rd Justice of th~ ~eece "h21-Jl U7 . . . ;~f. ,: Rooert r!ehrrrlf-=--~~., .1-1-:34-5623 i'. i r' h~:. \. Bo('rd r.:e"t,p, or1 T'ed c:l1)bh,JU"'(> -!- h ,-, ~(.,,' rI nIl 'J'UI" <::d ," y .J' _.- '.~ oJ' u. . oJ". O~1 ^ndJVCl' 11()r.'.J.J' of the:';', ~ .' o "f it . ~ ~ ';'. '~. ~ :') jL~}if}.::; '::r';b~"t:j':;':. ':~fi~ij,t {t.":;: 1ilN "j r~i;~;~~' :i,: '~"...... ,... " ')1';" " .::..' ", '>~fr}t:' . Jt~). .. .... ",' , Andover Planning and zoning Commission November 28, 1989 Meeting Minutes Page Ten (0 Second to motion by Vistad. All commissioners voted in favor with as noted: Don Spotts does not favor plan for commercial Bolevard. passed; will be presented to City Council 12/19/89. exception MOTION Commissioner spotts asked Blake how many zoning changes will be required. Blake replied Wegner's property and part ofMardaus property would be rezoned. Metes and Bounds, Park Dedication Background to the request for Planning and Zoning Commission to review the request of the Andover Park and Recreation Committee to take park dedication fees from metes and bounds lot splits of five acres or larger is included in commissioner's packets. Mr. Marc McMullen, Chairman of the Andover Park and Recreation commission was present to discuss request with Planning and Zoning commission. It is the opinion of City Attorney Bill Hawkins that a flat rate lot split fee may not be legal. Chairman McMullen suggested fee be set at 10% of fair market value. vistad recommended fee be set at 10% of fair market value, or $200.00, whichever is less. Spotts felt this would be unfair when comparing a small lot split with a large development that could recoup fee. Blake said another option would be to not allow metes and bounds. City could require platting process ,for all divisions. Vistad made a MOTION that the Planning and Zoning Commission recommend to the Andover City Council park dedication fee on all metes and bounds lot splits be based on ~O% of fair market value on newly created lots of parcels that are less than 20 acres. Second to motion by Don Spotts. All commissioners but Randal Peek favor motion; MOTION passed. Blake will prepare changes to Ordinance 40. It was recommended that appraisal fee be negotiated between buyer and seller. Ordinance Amendments Don Spotts made a MOTION to approve amendments to City Ordinance 53 (Dog Ordinance) and 62 (Discharge of Firearms Ordinance) as presented. Second to motion by Randal Peek. All commissioners favor motion, MOTION passed. Other Business Chairman Pease suggested the holiday party be tentatively scheduled for January. ~ Commissioners will meet at the Andover City Hall offices at 6:30 P.M. on cont'd.. . o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 19, 1989 ITEM NO.5. Ordinance 62 Amendment BY: Jay Blak BY: ORIGINATING DEPARTMENT Planning , n ~ lJ~ AGENDA SECTION NO. REQUEST The Andover city Council is asked to review and approve the enclosed amendment to Ordinance 62 (Discharge of Firearms Ordinance). BACKGROUND During the course of our research efforts for other planning projects, staff has located Ordinances 1 and 2. These ordinances were thought to have been lost in poorly kept Township records. Ordinance #2 was first adopted in 1966. A copy of the original ordinance is included in this packet. Further research has indicated that the original ordinance was not repealed by any action of the City Councilor Town Board. The following Ordinance amendment is submitted for your approval. MOTION BY TO COUNCIL ACTION SECOND BY (0 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 62 AN ORDINANCE REGULATING THE DISCHARGE OF FIREARMS AND BOW & -.. ARROWS WITHIN THE CITY OF ANDOVER AND REPEALING ORDINANCES ~ 12, 12A, 12B AND 12C THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: t, Ordinance No. 62 is hereby amended as follows: SECTION VI 981 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 /0 TOWNSHIP OF GROW COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 2 Shooting Ordinance There shall be no discharge of rifles or shotgun and slug within said Township except under the following circumstances: 1. A resident may secure a written permit from the Township Supervisors or a person delegated by said Supervisors authorizing the discharge of a rifle on his own. property. ,Said permit may be issued for a valid reason and provided it appears said discharge would not endanger other residents. 2. Discharge of rifles will be authorized to those organizations having a license to operate a rifle range provided said discharge occurs within the area designated as a licensed rifle range. 3. This Ordinance is not intended to apply to discharge of shotaun and slue dur:nc the dee= huntinc season and as authorized by State Law. - - - By: Board of Supervisors Leonard Johnson, Chairman Edward Herman Louis Appleby Notice published states "after October 15, 1966 ... the discharae of rifles, BB guns, pellet guns and shot guns with slugs are - illegal unless the owner of property applies and gets a permit from the Town Board of Supervisors." o '-"'0 o . ,~~ ...~!,".". SHOC'rIW ORDIN..UlC~ There shall be no t1schar~e of r11'les or shotgun an" sl~ within sait township except un"er the follov~ circumstances; 1. A resiient may secure a written permit from the township Supervisors or a person ielegated bT said Supervisors authorizing the discharge of a rifle on his own property. Sait permit maT be issuei for a valii reason end provided it appears saii iischarge woult not en..~er other resiients. 2. Discharge of rifle. vill be authorized to those organizations havi~ a license to operate a rifle range provited saii iischarge occurs within the area designate" as a licenset rifle range. J. This ordi~ce is not intentet to applT to tiechArge of shotgun ant slug iuring the ieer hunting seaBon ant as authorize" bT state law. . .... "':'''-:' . - ..~ "" /' ,( i ~'.-,. .. ,:., ~ ,'. . :. '. .;, / / ,/ , / , "!";t.'~ I GROW 'r:JH~r. .:)Y' heep';j' t)f to the Ulmer I s r "', t' ". ,",' T') ,~. .,,, I. h 0 '" 1" '7 ,'" d' l . '" '..'V '. ("'......1I I. .~.'.. .~. 1 e dog Jv ElI~ S t. 0 !.. h e ~,' (1 'J 7' n <J-' C: P ~ q h, :;> '11 i") p r; f) '" .. '10#'" ., '.;' OJ I ,. ~.;. rre 2uth~rized to o (:omr.-en~3:;-!te trl0 To 1 . '-l ' . . j' Q elF.' J. n l:.F' 1 n 1 q{Z n n l' I;,., ....t , 0 l' i n d i v i d I,li'l 1 s nut r~j.:,f,,;;' ~y dOFS;shAll b8 ~eg i nerrinF ~rr ide~tif dO€J; so ii'nrounJed wi 1 :.':iJi en,t cllr'r'f"e .iT1sJ bo~: ~d i'na r'-~'''L-C "rl~ ('O~'''(JlnD' ~ ..~;.J (. I t- 'J ("'. \~ ..J r l . F;' .~ ? J ~' S . A i1:' GO i-! n ,) t, r: 18 ;@: r"~ , (5) d ~.v s ;nr> ~1 :) e d" '~ n lf~!pOUnGrilf.!nt. : '\ ve a stray ficl~ed up;<i :'5 listed bf~ ow. In eelS Je ~icl-< or' d:"ngel'Ol]S,~" ......,n:)... ;"e "'o"'~"\-'e'" ....nen ro' 0.. .. u v . ......c \4' i.1 ..l l~ ';' \"" '".:'-:-.;'- ;-:; . .'\: -,. 1~~1 ,..; ~. ...' ~". :.. '.' ." Su peT''' is''Jrs Louis AorlAbv _. .Leonprd-John~on. I Q ,.. ,-,eucy ;llnner. ::':;r.f~11~<":?::<' , , . (11:....... ...... 'I" ;~Jf~ti[:/l:,'l "'j t ,!.i>v...,.. 0.. <,' '~~Ift'l ~l-~;:r!~":\,,:' . ," ; ~;;_:;.:.,'.' ':'.:, j~~rrr: . ':~ ]~r . '.{..:~.~,;:~ :':. ~l~)( . . . .lJ.?1-1022 J.-, "''''1 . .: ,': J. -LJ'l \... J!.?1-~c.59 .;.......;. . ;~. ; :':i. . ~~~i~ .,0 :~J . '~~j. .. . ~ ,':,-i' ~. COT1st?ble ", . i:~ ::- ,..::1 1 . . ~ ~L Truernf1n ""1 '<1" "~ ., '-t'r... -.~' ....J ( .' 'CT i .J Bul egrJ[! rd . . . Justice of ref ce ... l"'I,-, \.. a I ~. .:;' -' :' " . .J.~ . ~.; r Rooert. .1.1.]4- 562 3 r! e h pin f! -; ---.--. . . , r' B02 rrl r.:e" t,s or1 r'erJ cl1Jbl'l..Ju"'(> '. .. ':) -1- h,", c: (."...., nIl 'J' Ul" -:-:d ," Y .J . .. ~ ,.,...,' U . oJ... 0:1 l\ f1 dJ v;-- l' it 0 c'..J . J . of the o ., " " " " :,> , , )~I ':'if~ ~ffj' :HI . .--...~ ,~~ ........; ,:'.~~ :!{tf\' ....::.:.... ":'..::-' ...:., ;;:.~:::.~~~.l ~1 ~ .;: ~.: ..." ::Jh :; .:~.: ~ , . ,l < 3- ~~: ~ :; ~J. .' "...-........ '~'--.. " ) /0 , I TOWN OF GROt., I 4 1 Minutes of Annual Meeting March 14. 1967 ~~ :~ The meeting Was held in the library of the uilson ~chool in .!.nob ani. waS called to orier b)" Chairman, Leonard Johnson. Lyle ~adle)" ....as nominate.. ani. approvei b,- all to be the moierator for the meeti~. I I , I The minutes of the last annual meeting were reai. b)" the ~o""n Clerk, Gail Palin' ani were approve.. b,- all. A swnmar)"of the treasurer I s report for the pA-st )"ear WAS read. b)" the Town Treasurer. Janett ETelani.. Tt WaS noted that the balance totaled ~14905.34--$9509.39 is balance in Checking account ani $5395.95 is balance in Sa,vi~s Certificate incluH~ interest. Kenneth Olson askei A-bOl1t acquisition of lani' for Town property-. Leoneri Johnson reportei that nothing iefinite has been ione but that the matter has b,een lookei into. t t , . j~:~ ! ., I :':':" f 1 ...;, Winslow iiolasek askei about 8~ns that are to be postei regariiDg the shooti~ oriinance. Leonari Johnson reportei that the si~ns had b...n iel~ei because of the issue being up for a Tote. It ....'AS reported that a Tote of ~l ;res ana.:;.O no had. been cast 80 that the oriinance will no.... be ~n e::ec~ ~!~tne signs will be iput up. ':~:: f . ."~." :~.~.. A live~ iiscussion was heli regariing the buiget for the coming 7e;u:. The Town Joar;, has recommeniei it6000 for Roai. &. :Briige lilnd., $4091 for Revenue ani $500e for a builiillg funci for a Town :a:all. A iiscussion of acquiring land and ....hether a. ~500 an acre alimit shaull be aiherei to followei. Carl Erickson mate a motion that a site selection committee be set up to look into iif!erent propert'T sites av.dlable so that one coul! be founi that wouli be e&reeable. This motion was unanimouslY' agree... \ \ I l "' . " " ;,'.'"i 1qle :BraileY' reai R. letter sent t,o the Town Joard. from Mr. Luniheim. }noka Count)" iighWA7 Dept, advising the township of the (ecision of the Count7 not to snowploW ~ovnship roai.s. ,I live~ d.iscussion WAS helt on the problem of ,etti~ ploving equipment for the 'rown,ship. Lyle McLaughlin male a motion that the Township consiier bllY'iIlg one piece of ne.... s::ct removal equipment to be use<<. for the comi~ Y'ear. After much ii8CUssion this motion VaS not carriei bY' vote. , . , .... Richart Schneider mate a. motion that :!a6000 be put in the budget~~~~~_~ 'lor the Roai &: :Jriige FunS.. This motion vas agreed. to b)" vote. o The budget for the comi~ Y'ear WaS recommended bY' all to i:lclud.e $16006 for Roal &. :Bridge )'unci, $4000 for Revenue SUlci :1\.50&0 for builii~. I I Andover Planning and Zoning Commission November 28, 1989 Meeting Minutes Page Ten (0 Second to motion by Vistad. All commissioners voted in favor with as noted: Don Spotts does not favor plan for Commercial Bolevard. passed, will be presented to City Council 12/19/89. exception MOTION Commissioner Spotts asked Blake how many zoning changes will be required. Blake replied Wegner's property and part ofMardaus property would be rezoned. Metes and Bounds, Park Dedication Background to the request for Planning and Zoning Commission to review the request of the Andover Park and Recreation Committee to take park dedication fees from metes and bounds lot splits of five acres or larger is included in commissioner's packets. Mr. Marc McMullen, Chairman of the Andover Park and Recreation Commission was present to discuss request with Planning and Zoning Commission. It is the opinion of City Attorney Bill Hawkins that a flat rate lot split fee may not be legal. Chairman McMullen suggested fee be set at 10% of fair market value. Vistad recommended fee be set at 10% of fair market value, or $200.00, whichever is less. Spotts felt this would be unfair when comparing a small lot split with a large development that could recoup fee. Blake said another option would be to not allow metes and bounds. City could require platting process for all divisions. Vistad made a MOTION that the Planning and Zoning Commission recommend to the Andover City Council park dedication fee on all metes and bounds lot splits be based on 10% of fair market value on newly created lots of parcels that are less than 20 acres. Second to motion by Don Spotts. All commissioners but Randal Peek favor motion, MOTION passed. Blake will prepare changes to Ordinance 40. It was recommended that appraisal fee be negotiated between buyer and seller. Ordinance Amendments Don Spotts made a MOTION to approve amendments to City Ordinance 53 (Dog Ordinance) and 62 (Discharge of Firearms Ordinance) as presented. Second to motion by Randal Peek. All commissioner'ij-'favorIUotion, MOTION passed. other Business Chairman Pease suggested the holiday party be tentatively scheduled for January. ~ Commissioners will meet at the Andover City Hall offices at 6:30 P.M. on cont'd.. . o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Dgsgmser 19, 1989 n; .~- Engineering APPRO\(~ FOR AGENDJ ~HI~b BY: j V AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO, 6. Kensington Estates 4th Addition BY: .,~~~" '" "~hv~_" REQUEST The City Council is requested to review the revised street pattern for the Planned Unit Development (PUD) of Kensington 4th Addition. The plan allows for a 200' buffer strip between the 4th Addition and the WDE landfill. BACKGROUND The MPCA/EPA have requested a 200 ft. moratorium zone with no buildings constructed, allowing for buffering, road, fencing, etc. around the WDE landfill. Jerry Windschitl met with Jim Elling on 12/13/89 and reviewed the sketch plan for the proposed revision to the PUD/preliminary plat of Kensington Estates. Mayor Elling asked that the item be added to the agenda. The ARC hasn't had an opportunity to review the revised plan. Planned Unit Developments are approved with a Special Use Permit and Ordinance 8 requires that an amendment to a PUD be processed in the same manner as the original PUD. Ordinance 8, Section 5.03 is included for your review. This process would include notification of property owners within 350 feet of the property, a public hearing and Planning and Zoning Commission review and approval. I briefly reviewed the proposal with Jim Elling and Jerry Windschitl and noted some planning issues that must be reviewed, such as: cul-de-sac length, street right-of-way width. If these changes in the planned unit development are significant, they must be referred back to the Planning and Zoning Commission for review. MOTION BY o TO COUNCIL ACTION SECOND BY o December 14, 1989 Mayor James Elling Members of Council Mr. James Schrantz City of Andover In a recent meeting with the MPCA, they made a request that we provide a 200' non-buildable buffer zone along part of the east end of the 4th Addition of Kensington Estates. The attached drawing would give the MPCA what they had requested. We would request that the City Council review the attached drawing and comment on it. The lots in the drawing all meet or exceed ordinance requirements except for the following: (1). Lot 2 would not meet the requirement for measuring the building set back line. It would meet all other ordinance requirements. (2). Both the 142nd Lane and 142nd Ave. cul de sac lengths would exceed the maximum lengths as defined by ordinance. (3) . (a) On the short part of 142nd Ave. (from the corner to the cul de sac), we would request that the 60' street dedication be made in the following manner: 50' of dedication in the plat 1~' of additional easement provided 60' in the plat (bl On the 142nd Ave. cul de sac we would request that the 60' radius be made in the following manner: 50' of dedicated radius in the plat 10' of additional easement provided in the plat 60' It should be noted that the end result of the above, would give the City exactly the same area, size of street, and ability to construct utilities as would exist if both are dedicated as 60'. (4) . We would also be asking permission to move the exit point of 141st Ave. east by approximately 60' and change the lot configuration in this area. The revised lots would meet all sections of the ordinance. o o We would respectively request that the City council act on this request as soon as possible and that it not be. sent to the Planning Commission due to the time constraints involved. we make this request based upon the following: The original approval for Kensington Estates were made under a special use Permit and the Planned Unit Development sections of, the ordinance. In reviewing the PUD section (4.18 of ordinance 8) it would appear that the above requests are with- in the intent of the ordinance. Also, in reviewing section 5.03 of ordinance 8, regarding special use permits, it would appear that a change made to a special use permit would only have to go through the procedure as if a new permit were being issued if one of the following conditions existed: ( 1 ) . (2) . (3) . (4) . Change involving structural alteration Enlargement Intensification of use Or similar change not specificallY'~permitted~~!?y the special use permit The change we have requested: (1). Do not change the structural aspect as none exist or are being asked for (2). Are not an enlargement or intensification of use (In fact the results of the request is for a reduction in use) (3). Do not make any changes in the use that was originally permitted In addition to the above, the City council has broad administra- tive authority to handle a request such as this. The time element involved in this request and the need to obtain City council approval on this issue are of extreme importance to us. We stand ready to supply what ever additional information the City needs from us to expedite this request. Sincerely, ~W-L----Ul::/ ~vtd W~L.hd( Jerry Windschitl Carol Windschitl o 14/5 r .--1-'- -- '-- '---,'.' '--'-----1"-----,1 ' I : I j I I I, ----- -- ___n___ -,-'.,.,-__L~__u_,_..____ -r---'------- ___..,___,_ ! I I I . I I I I ~ o ($ i ~ Ii -t ~ ~ tJ tJ -l. " 14ZN PAVE. f8 /7 /6 Ji /2 I , I ll- ~ (} : . .,j: ... - 6J --_.~.._._._----------- AVE/OlE ..- -"'~..' ._......~.--_.__e..__.. '_-'_. .._-~_._._......- -'-~-'. o Ordinance No.8, Section (B) Submission of a plot plan showing structures, parking, driveways, landscaping and screening. o (C) If construction has not begun within twenty-four (24) months, or if the project is not fifty (50%) percent completed within five (5) years, any further development of any type shall require a Special Use Permit and the Planning Commission may move to initiate a rezoning back to that in effect prior to Neighborhood Business (NB) or Shopping Center (SC) zoning. (D) The area zoned shall include at least two (2 a.) acres for Neighborhood Business (NB) and five (5 a.) acres for Shopping Center (SC). . Any area noted on the zoning map as "sc" with no definite boundary shall be administered as follows: (A) Only one (1) corner of any major road intersection may be zoned for Shopping Center (SC) at anyone time. (B) The landowner shall submit a plan in accordance with the provisions of a "Planned Unit Development". (C) The City Council may grant or deny the request for business zoning based upon the plans submitted. (D) A market feasibility study shall be submitted to indicate need, size and future size. , I 'lI "-." ~ 4.18 Planned Unit Developments and Such developments may be excluded from certain requirements of this Ordinance providing: - (A) A complete detailed plan is submitted to the Planning Commission showing the location of all proposed structures, driveways, landscaping, parking, screening, access drives, land uses and such other information as may be requested. '0 It is the intent of this Section, Planned Unit Development, to provide a means to allow flex-rbIrH:y-by substantial variances from the provisions of this Ordinance including uses, setbacks, height and similar regulations but not including parking requirements, off-street loading, necessary screening and the like. Variances may be granted with the granting of a Special Use Permit for Planned Unit Developments p4ovided: Page 26 Ordinance No.8, Section ~ (1) Certain regulations contained in this Ordinance do not realistically apply to the proposed development due to the unique nature of the proposed devel~pment. (2) The variances, if granted, would be fully cdnsistent with the general intent and purpose of this Ordinance. (3) The planned Unit Development would produce urban development and an urban environment of equal or superior quality to that which would result from strict adherence to the provisions of this Ordinance. j( (4) The variances will not constitute a threat to the property values, safety, health or general welfare of the owners or occupants of adjacent or nearby land nor be detrimental to the health, safety, morals, or general welfare of the people. ~ (5) The proposed development is of such unique nature as to require consideration under conditions of a Planned Unit Development. It shall be determined that the variances are required for reasonable and practicable physical development according to a plan and are not solely on the basis of financial considerations. ---~ (B) The governing body, upon review and recommendations of the Planning Commission, shall find that the proposed development is fully consistent with the purpose of this Ordinance and in conformity with the Comprehensive Plan. '-- ..,..(C) The development shall conform to the plan as filed with City of Andover or as thereafter amended. ---~ (D) A Special Use Permit is granted. 4.19 2-Family Home Conversions Such conversions may be permitted following issuance of a Special USe Permit provided that each dwelling unit be provided with individual sewer stubs, individual wells or sources of water, and that a party wall agreement, including an arbitration clause, be entered into by all affected parties. Such ~onversion must take place pursuant to a plan submitted to the Planning Commission showing the location of the sewer stubs, individual wells or sources of water, party wall; shall include submission of said party wall agreement; and upon submission of a survey setting out each individual lot and its location along said party wall. (8N, 10-06-81; 8BB, 4-02-85, 8RR, 7-21-87) '-0 4.20 Density Zoning Single-family homes may be excluded from lot area and setback requirements provided a Special Use Permit is issued under terms of the Planned Unit Development provisions of this Ordinance. In the alternative the City Council may require all land so excluded from the lot area to remain in private ownership, but, require the owner to record restrictive covenants, in favor of the City, which would prohibit the development of such property until such time as public utilities are available. (8II, 10-7-86) Page 27 Ordinance No.8, Section o Such hearing may be continued from time to time in the event the Planning Commission needs additional .information from the applicant or other sources to make its decision. The Planning Commission shall take action on the application within sixty (60) days from the date of the original public hearing, unless a written extension is granted by the applicant. (8FFF, 12-06-88) (D) The Planning Commission shall make its report to the City Council on or before the next regular meeting of the City Council following the date of the hearing. Such hearing may be continued from time to time in the event the Planning Commission needs additional information from the applicant or other sources to make its decision. The Planning Commission shall take action on the application within sixty (60) days from the date of the original public hearing, unless an extension is granted by the applicant. (8G, 5-20-80) The report of the Planning Commission shall be placed on the agenda of the City Council in the following manner: (1) Recommendations from the Planning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. '- (2) Recommendations from the planning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council no later than their third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning Commission is made, in which case the recommendation shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. (8FFF, 12-06- 88) (E) The City Council must take action on the application within sixty (60) days following referral by the Planning Commission. The person making the application shall be notified of the action taken. Such action may consist of approval, denial, or referral back to the planning Commission. If the item is referred back to the Planning Commission, it must reviewed and returned to the City Council w!thin thirty (30) days. (8G, 5-20-80) (F) No application for rezoning which has been denied wholly or in part shall be resubmitted for a period of one (1) year from the date of said order of denial. ~ 5.03 Special (Conditional) Uses General Statement (A) Special Use Permits--m-,fY be granted or denied in any district by action of the City Council. The Andover City Clerk shall maintain a record of all Special Use Permits issued including information on the use, location, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the Special Use Permit shall also be filed with the Building Inspector. page 35 Ordinance No.8, Section o new All uses existing at the time of adoption of this Ordinance and automatically granted a Special Use Permit, shall be considered as having a Special Use Permit which contains conditions which permits the land use and structures as they existed on said date and any enlargements, structural alteration, or intertsificationof use shall require an amended Special use Permit as provided for above. Certain uses, while generally not suitable in a particular zoning district, may, under some circumstances be suitable. When such circumstances exist, a Special Use Permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall,be granted for that particular person or firm. The cancellation of a Special Use Permit shall be considered administratively equivalent to a rezoning and the same requirements and procedures shall apply. (B) Criteria For Granting Special Use Permits: In granting a special use permit, the City Council shall consider the advice and recommendation of the Planning Commission and: "-- the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. If it shall determine by resolution that the proposed use: will not be detrimental to the health, safety, morals, or general welfare of the community - nor will cause serious traffic congestion nor hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this Ordinance and the Comprehensive plan, ~ the City Council may grant such permits. (1) In-home beauty salons/barber shops shall be subject to the following: Page 36 Ordinance No.8, Section o a. One (1) chair salon/barber only b. The hours of operation shall be approved by the Ci ty Council. c. Parking requirements shall be as set out in Ordinance No.8, Section 8.08. d. The salon/shop must comply with the state Cosmetology Board and the State Barbers Board requirements. e. In non-sewered areas, the septic system must be in compliance with Ordinance No. 37, the On-Site Septic System Ordinance. A beauty shop/barber shop shall be considered the equivalent to one (1) bedroom in terms of usage under Ordinance No. 37. f. The Special Use Permit shall be subject to an annual review. g. The beauty shop/barber shop shall be owner occupied. h. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall terminate. i. Drawings detailing the salon/shop shall be submitted at the time of the request for the Special Use Permit. \.-' j. In non-sewered areas, a minimum of 39,000 square feet of lot size shall be required. k. In non-sewered areas, the septic system shall be inspected annually before the Special Use permit is reviewed. (8Q, 5-4-82) (2) Retail Shopping in Indu~trial Districts shall be subject to the following: a. The Special Use Permit shall be subject to an annual review. b. Detailed drawings of the building to be used or converted shall be submitted. c. The use that the Retail Shopping is to be put shall be s ta ted. d. Parking requirements shall be as set out in Ordinance No.8, Section 8.08. e. A general inventory shall be provided along with other items determined necessary by the city Council. (8R, 7-6-82) \0 (C) Procedure: (1). The person applying for a Special Use Permit shall fill out and submit to the Clerk a "Request for Special Page 37 Ordinance No.8, Section o Use Permit form" together with a fee as set by City Council resolution. An additional fee of fifty ($50.00) dollars may be required for each meeting in excess of two (2), which is necessary because of in~omplete information or changes in the petition. (2) The Clerk shall refer the application to the planning Commission. property owners and occupants within three hundred fifty (350') feet of the property in question shall be notified at least ten (10) days prior to the Planning Commission meeting, although failure of any property owners or occupants to receive such notification shall not invalidate the proceedings. Notification shall be by mail. The petitioner shall be required to submit a list of the property owners and occupants within three hundred fifty (350') feet as part of the petition. (8A, 2-14-75; 8FFF, 12-06-88) (3) The Planning Commission shall consider the petition at its next regular meeting, but not earlier than seven (7) days from date of submission to the Planning Commission. (4) The petitioner or his representative shall appeat before the Planning Commission in order to answer questions concerning the proposed Special Use Permit. ~ (5) The report of the planning Commission shall be placed on the agenda of the City Council in the following manner: a. Recommendations from the Planning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. b. Recommendations from the Planning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council no later than their third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning Commission is made, in which case the recommendation shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. (8FFF, 12-06-88) (6) The City Council must take action on the application within sixty (60) days after receiving the report of the Planning Commission. If it grants the Special Use Permit, the City Council may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare, and such conditions may include a time limit for the use to exist or operate. ~ (7) An Amended special Use Permit application shall be administered in a manner similar to that required for a new special use permit except that the fee shall be as set by City Council resolution. Amended Special Use permits shall include re-applications for permits that page 38 ~ Ordinance No.8, Section have been denied, requests for changes in conditionS, and as otherwise described in this Ordinance. o (8) No application for a Special Use Permit shall be resubmitted for a period of one (1) year from the date of said order of denial. (9) When a Special Use Permit may be of general interest to the Community or more than the adjoining owners, the Planning Commission may hold a public hearing and the Special Use Permit shall be reviewed with notice of said hearing published at least ten (10) days prior to the hearing. 5.04 Variances and Appeals Where there are practical difficulties or unnecessary hardships in any way of carrying but the strict letter of the provisions of this Ordinance, an appeal may be made and a variance granted. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. The procedure for granting variances is as follows: (A) A person desiring a variance shall fill out and submit to the City Clerk a "Request for Variance form" together with a fee as set by City Council resolution if the variance request involves single-family residential. All other requests shall have a fee as set by City Council resolution. (B) The application shall be referred to the Planning Commission which shall submit a report to be placed on the agenda of the City Council in the following manner: (1) Recommendations from the Planning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. (2) Recommendations from the Planning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council no later than their third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning Commission is made, in which case the recommendation shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. (8FFF, 12-06- 88) (C) The petitioner shall appear before the Planning Commission in order__t,<:l___an~wer questions. "'-0 (D) The City Council may grant the variance request if it will be in keeping with the spirit and intent of this Ordinance and if it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship "if reasonable use of the property exists under the terms of the Ordinance. (8FFF, 12-06-88) page 39 " o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE n~""'iPomhiCllr 1Q . laeS! 7. BY: V. V 'JY \~ APPR1VE AGE~ A \ , BY: i AGENDA SECTION NO. Staff, Committee, Comm. ORIGINATING DEPARTMENT Admin. ITEM License Renewals NO. The City Council is requested to approve the 1990 licenses for the following: Off-Sale Intoxicating Liquor JJ's Liquors G-Will Liquors On-Sale Non-Intoxicating Liquor Tasty Pizza Off-Sale Non-Intoxicating Liquor Superamerica Bill's Superette Brooks Food Market Speedy Market Tom Thumb Junkyards Anoka Auto wrecking Wilber Auto Parts Commercial Auto Parts Cigarette Licenses Bill's Superette Superamerica Brooks Food Market Speedy Market Tom Thumb Festival Foods Merwin Drug Tasty Pizza JJ's Liquors G-Will Liquors Attached are the junkyard license renewals along with,the inspection reports. MOTION BY o TO COUNCIL ACTION SECOND BY o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Honorable Mayor and city Council License Files ~LI'f~ Jay Blake, City Planner (~LUV December 19, 1989 Junkvard Inspection Results The 1990 Junkyard license inspections were completed on December 5, 1989. David Almgren and I reviewed the ordinance requirements with each salvage yard and then toured each yard. The enclosed checklist was filed out and a copy of the problem areas were left with each junkyard. Most of the junkyards were greatly improved over last year. Several problem areas still exist, including the exterior storage of waste tires. Two of the eight junkyards passed on the first inspection. Anoka Auto Wrecking Commercial Auto Parts The remaining junkyards have yet to request are-inspection. Updated information will be presented at the meeting. STAFF RECOMMENDATION Staff recommends approval of the 1990 Junkyard Licenses for Anoka Auto Wrecking and Commercial Auto Parts. o o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Honorable Mayor and city Council License Files Jay Blake, City planne December 19, 1989 Junkyard Inspection Results . I have completed an inspection for Wilber Auto Parts. The yard met the criteria outlined in Ordinance 44. The tires cited in the first inspection have been removed. staff recommends approval of the Wilber Auto Parts Junkyard License. o o o ";.~ CITY of ANDOVER APPLICATION FOR JUNKYARD AND JUNK DEALER'S LICENSE RENEWAL 1990 ALL 1990 APPLICAT,IONS FOR JUNKYARD LICENSES SHOULD BE RECEIVED NO LATER THAN FRIDAY NOVEMBER 3, 1989. LATE APPLICATIONS MAY NOT BE CONSIDERED BY THE CITY COUNCIL DATE: 9- II- P;7 I. Background Information (Complete in Full) NAME OF APPLICANT <7-VCVlO Id Vd-.Y.-e '367] RESIDENCE ADDRESS IIt?u7 /!:Yj/? A21.A XR . ,Ij,u.L~d. /7. {U / . . BUSINESS NAME CU7&-tt?CJ..-.; U_(jJv I-LJ? t.. {iJQ-<-.fl.g f..47(1./ BUSINESS ADDRESS I ? 7-6- t6LUZ-A:?.LA ~ IO-Lt.L./'/ n. L(J PROPERTY LEGAL DESCRIPTION (ATTACH SEPARATE SHEET) TELEPHONE NUMBER: RESIDENCE 755-d0-Y"CJ- BUSINESS 7S5 ~.L).5/f() PARTNERSHIP (7.L'JJp. ADDRESS ~ PHONE - II. Required Information (please check off if included) \/' Proof of Insurance \.-/ Bond ../ Motor Vehicle Dealers License (State of Minnesota) ../ Inspections Form l~om~leted by the City of Andover) Fees Paid RENEWAL FEE: $500.00 o o , Pas..e 2 19.L{l Junkyard License Application NOTE: Application will not be accepted unless all ordinance requirements are met. I understand that falsification of information requested on this form or violation of Andover Ordinance No. 44 may be cause for revocation or suspension of my license. i.4~ &-?~ fle-) ~~~rip-pITcant -"-- ------------------------------------------------------------------- OFFICE USE ONLY Insurance Expires: Bond Expires: LICENSE GRANTED: LICENSE DENIED: LICENSE NUMBER AND DATE: Authorized Signature o ORDINANCE #44 (JUNKYARD) CHECKLIST CITY OF ANDOVER DATE IzJS"/~' NAME OF BUSINESS /1-nO/'a.. AulD "IIJru,!t..'t1 , OWNER/OPERATOR 4I1M"" /d ,T..eIfL s (/'Y\ The following items must be completed prior to the City Council app~oval of the Junkyard Operator's permit: I. GENERAL INFORMATION Copy of Current City License State of Minnesota Auto Dealers License Proof of Liability Insurance Proof of Bond / V-- V- ;::;;;r II. OPERATING REQUIREMENTS Sanitary Condition in Yard v V ~ ~ L/'J / V .,/" V' "~ ~, Property Identification Verification 'No Garbage/hazardous Piles in Yard No Junk within 40 Feet of Curb No Junk higher than 10 Feet Open Fire Lanes No Excessive Combustible Materials Approved Gas and Oil Removal Process Bill of Sale, Title Card or Receipt Files Sale Files Yard Safety III. FENCING REQUIREMENTS- pc6S v v' V I'll) o Eight Feet High at Street Level Fence Around area that doesn't abut yard Living Fence on Street Frontage o o ." . CITY of ANDOVER APPLICATION FOR JUNKYARD AND JUNK DEALER'S LICENSE RENEWAL 1990 ALL 1990 APPLICATIONS FOR JUNKYARD LICENSES SHOULD BE RECEIVED NO LATER THAN FRIDAY NOVEMBER 3, 1989. LATE APPLICATIONS MAY NOT BE CONSIDERED BY THE CITY COUNCIL DATE: 1/-e:;J. -gf I. Background Information (Complete in Full) NAME OF APPLICANT CflA1ZL-.&S' I11IS"7 C-L.-SrE RESIDENCE ADDRESS BUSINESS NAME (1CJ~$~//ff__ BUSINESS ADDRESS /'i57&> iJA-v' /1'v.lZJ ./ /Inri ~~ AJc.u, PROPERTY LEGAL DESCRIPTION (ATTACH SEPARATE SHEET) TELEPHONE NUMBER: RESIDENCE BUSINESS 7.0 -~&1'3 PARTNERSHIP ~A/~ ADDRESS , PHONE II. Required Information (Please check off if included) Proof of Insurance /i1 AI. j!tJ(/JU/1-t-- Bond U /J ~-IJ A ~'l-e..4-s. (]cJ . Motor Vehicle Deale~s License is~~te of Minnesota) f>, L ,/ Cf 00) V,l.. /'A7Pf:S /'1\(,0 Inspections Form (Completed by the City of Andover) /' Fees Paid RENEWAL FEE: $500.00 o o , Page 2 19 Junkyard License Application NOTE: Application will not be accepted unless all ordinance requirements are met. I understand that falsification of information requested on this form or violation of Andover Ordinance No. 44 may be cause for revocation or suspension of my license. /f}~ ~~~ ~giiature of App ~cant ------------------------------------------------------------------- OFFICE USE ONLY Insurance Expires: Bond Expires: LICENSE GRANTED: LICENSE DENIED: LICENSE NUMBER AND DATE: Authorized Signature o ORDINANCE *44 (JUN~YARD) CHEC~LIST CITY OF ANDOVER DATE 12/)"/t1 NAME OF BUSINESS CO~{./td &ID ftufJ OWNER/OPERATOR Ch6-,d~, m IS fds~ The following items must be completed prior to the City Council app~oval of the Junkyard Operator's permit: I. GENERAL INFORMATION Copy of Current City License State of Minnesota Auto Dealers License Proof of Liability Insurance Proof of Bond II. OPERATING REQUIREMENTS Sanitary Condition in Yard Property Identification Verification 'No Garbage/hazardous Piles in Yard No Junk within 40 Feet of Curb No Junk higher than 10 Feet Open Fire Lanes No Excessive Combustible Materials Approved Gas and Oil Removal Process Bill of Sale, Title Card or Receipt Files Sale Files Yard Safety III. FENCING REQUIREMENTS o Eight Feet High at Street Level Fence Around area that doesn't abut yard Living Fence on Street Frontage r O,SSt:S ,,- --- ..,.,- ,.... X- x, ~ K )( ~ '/.. y.. ."1.. ' "X. '/. '/.. 'I- )( I~{) .' o CITY of ANDOVER APPLICATION FOR JUNK YARD AND JUNK DEALER'S LICENSE RENEWAL 1990 ALL 1990 APPLICATIONS FOR JUNKYARD LICENSES SHOULD BE RECEIVED NO LATER THAN FRIDAY NOVEMBER 3, 1989. LATE APPLICATIONS MAY NOT BE CONSIDERED BY THE CITY COUNCIL DATE: Y--I/-YC; I I. Background Information (Complete in Full) NAME OF APPLICANT RESIDENCE ADDRESS BUSINESS NAME BUSINESS ADDRESS PROPERTY LEGAL DESCRIPTION (ATTACH SEPARATE SHEET) TELEPHONE NUMBER: RESIDENCE -7:icY'-SY!,3 BUSINESS -:!57-1/JQ PARTNERSHIP ADDRESS PHONE II. Required Information (Please check off if included) Y Proof of Insurance '/. Bond )( Motor Vehicle Dealers License (State of Minnesota~ , /' Inspectio~~_~~~~Completed by the City of Andover) Fees Paid o RENEWAL FEE: $500.00 o o Page 2 19 Junkyard License Application NOTE: Application will not be accepted unless all ordinance requirements are met. I understand that falsification of information requested on this form or violation of Andover Ordinance No. 44 may be cause for revocation or suspension of my license. ------------------------------------------------------------------- OFFICE: USE ONLY Insurance Expires: ~_/-?o Bond Expi res: /-/- 5>() LICENSE GRANTED: LICENSE DENIED: LICENSE NUMBER AND DATE: Authorized Signature o ORDINANCE *44 (JUNKYARD) CHECKLIST CITY OF ANDOVER DATE /2/s* /8"1 NAME OF BUSINESS WI I /zA..r ~ JIl~& OWNER/OPERATOR ~/d -I- Ju P1-n It WI /~ '. . ..... The following items must be completed prior to the City Council app~oval of the Junkyard Operator's permit: I. GENERAL INFORMATION )( X_ Copy of Current City License State of Minnesota Auto Dealers License Proof of Liability Insurance Proof of Bond II. OPERATING REQUIREMENTS Sanitary Condition in Yard Property Identification Verification V' V V V V'" 1/ v:, V .'/ V ~ ,....... .No Garbage/hazardous Piles in Yard No Junk within 40 Feet of Curb No Junk higher than 10 Feet Open Fire Lanes No Excessive Combustible Materials Approved Gas and Oil Removal Process Bill of Sale, Title Card or Receipt Files Sale Files Yard Safety III. FENCING REQurREM~NTS .v 7 V Eight Feet High at Street Level o Fence Around area that doesn't abut yard Living Fence on Street Frontage Voe-5 (lof pass 12/) o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Decmeber 19. 1989 BY: \, ~)JJ V. Volk ~, APPROVED 'OR AGENDA 1 9)~ BY: '\J I AGENDA SECTION NO. Staff, Committee, Comm. ITEM Authorize Election NO, Equip. Purchase 8. ORIGINATING DEPARTMENT Admin. The following is a recommendation by the city Clerks attending a meeting at Blaine City Hall on December 14, 1989 regarding the optical scan voting equipment: INTRODUCTION Eight Anoka County Cities, representing 75 of the 99 precincts, entered into a Joint PUrchase Agreement for optical Scan voting Equipment. Because the cost increases are projected to be approximately 30% by the 1992 elections, these cities are recommending purchase of the election equipment for the 1990 elections. Bid proposals were solicited with two vendo~s responding. Business Records Corporation Unisys Uni t Prices 50-100 units $6,200 $5,270 Maintenance Costs for 2 years Total Unit Costs $195/unit $6,395 $232/unit $5,502 Prices include vote reader, ballot box, 2 memory cards/packs, and carrying case. It should be noted that if the total number of units purchased exceeds 101, another cost savings of $146 per unit would be realized. o MOTION BY TO COUNCIL ACTION SECOND BY , o The total cost for equipment for the city of Andover will be $22,008.00. It is the concensus of all cities who entered into the Joint Purchase Agreement that the City Council of Andover authorize the purchase of Unisys Corporation voting equipment for the 1990 elections conditioned upon a commitment from Anoka County to assume full responsibility and costs for programming and ballot preparation needed to support the election equipment for the 1990 elections. (NOTE: The prices on unisys system hold through January 31, 1990.) o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION December 19, 1989 DATE ITEM 9. Award Computer NQ Bid ORIGINATING DEPARTMENT Finance Howard Koolick ~ Finance Director BY: APPRC VIDOR AGEN , BY: AGENDA SECTION NO. Staff and Committees The Andover City Council is information relating to the accounting system. V requested to review the enclosed bids received for City's financial REOUEST BACKGROUND Over the last 18 months, the City has been investigating its options relating to the lack of computerized financial records and the lack of available timely financial data. This process resulted in the City Council approving bid specifications and solicitation of bids at the meeting on November 7, 1989. The specifications were mailed to the following six vendors: Mentor Systems NCR Corporation Fundbalance, Inc. Computoservice, Inc. precision Computer Systems Business Records Corporation The bid opening was held on December 11, 1989 at 2:30 p.m. in the City Council Chambers. The City received bids from three of the above vendors: Business Records Corporation, Fundbalance, Inc., and Computoservice, Inc. The other three firms did not contact the City. There are two ather firms, Big Sky Data Systems and Banyon Data Systems, who were not sent bid specifications because they do not have systems or staffing that meet the support needs of the City as outlined in the specifications. Since software support was deemed extremely important in evaluating and choosing software, these two companies were not contacted. The basis of evaluation was included in the specifications. The following page and a quarter is recap of these criteria. COUNCIL ACTION MOTION BY o TO SECOND BY City Council Meeting December 19, 1989 Award Computer Bids o 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. c. The financial stability, longevity and strength of the vendor. 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. o 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. city Council Meeting December 19, 1989 Award Computer Bids o 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. EVALUATION OF BIDDERS The following is an analysis of the three bids received. The letters preceding each comment equate to the above criteria. FUNDBALANCE, INC. GENERAL COMMENTS - Total bid price of $21,938.00. Bid bond received totaled $539.00. Hardware supplier in st. Paul was to furnish additional bid bond, however it was not received as of the bid opening. The bid bond, in an amount of $512, was received in the mail on Tuesday. a. I contacted the cities of Farmington, Roseville and Deephaven. All three were very happy with system and company, however Deephaven has just begun implementation. It should be noted that the vendor also include Pine City as a reference in the Twin Cities area. Pine City is located in Pine County on 35W. b. The basic software proposed does not meet 17 of the specifications. The vendor did not include the cost to develop these and approximate availability dates as requested by the City. c. The vendor included financial information in their bid, however, the City requested the most recent audited financial statements to ascertain the financial stability of the company. The audited statements carry more credibility than just financial data. d. Vendor's software is all ready for use. new software being developed or current significantly modified. No indication of software being e. Total bid price of $21,938. training which will probably included is one day for each Ann Arbor Michigan Does not include all be necessary. Training package at their office in o City Council Meeting December 19, 1989 Award Computer Bids o f. Audit trail appears to be adequate. Internal controls are not adequately described to make a judgement. g. No mention in specifications. This is mainly a hardware issue and no hardware information was furnished. h. Four users in Twin Cities. Cities of Roseville, Deephaven, Farmington and Lexington. All four are pleased with software and company. With the exception of Roseville, all other cities are under 5,000 population. i. Bid indicates no program documentation available. j. The proposal is lacking in a number of areas. It gives the appearance of being "slapped" together at the last minute. Items not included in proposal include copies of resumes of key personnel, implementation schedule, method of software-support, hardware information and availability to upgrade, sample of contracts and other data. k. No information on equipment is provided. 1. No information on service capability is provided. m. No information on upgrading is provided. n. Based on data provided, there is no method to determine personnel needs. However, discussions with users indicate that it is a system that needs only minor experience to manage. o. No local vendor staff noted. Software vendor is located in Ann Arbor Michigan. Hardware vendor is in st. Paul. p. No description of which portions Michigan company will be responsible for and which part hardware vendor will supply. q. No implementation schedule given. r. Not available. General Feel For Companr - Company has been around since 1973. Their users talk very hlghly of the support given. Hardware is networked PC's. The training included in the bid is most likely not adequate to allow City staff thorough understanding of software. The cost and time of maintaining a network should the City ever desire to put all City staff on this system can be very expensive. Bid documents do not evoke trust in the company since therare incomplete and lack detail. o city Council Meeting December 19, 1989 Award computer Bids o COMPUTOSERVICE, INC. GENERAL COMMENTS - Total bid cost of $46,997.00. Total bid bond received of five percent of total bid. Hardware configuration is as follows: IBM PS/2 Model 80-311, three monochrome monitors, one color monitor, tape drive, Quickwriter printer and, MultiTech Modem. Software includes SCO XENIX Operating System, Fund and Budget Accounting Software, Accounts payable, payroll, utility Billing, and Report Writer. a. Computoservice has 33 clients in Minnesota and western Wisconsin. The City of Ramsey, Hopkins, Inver Grove Heights and Burnsville are all users. Burnsville, with a population of 50,000, feels it may be out growing the system. Inver Grove Heights has decided to change software next year due to general dissatisifaction with the support and lack of timely response. Both cities have used the software for six to seven years. Ramsey implemented the software in 1989. They have had no problems with the software, but were disappointed in the training received and the philosophy of users paying for all updates and upgrading of software. The Finance Director felt that some of the upgrades were of a basic nature and should have been included in the maintenance of the software. Hopkins has been on the software since 1984. They are happy with the system, although wish it could somethings it currently can't do. The training they felt was inadequate since it was only one day long. The support was often slow and at times they were given wrong answers. b. The vendors software will need minor modification to handle the number of street lighting rates. Cost will not exceed $600. There are other areas of specifications that the vendor does not meet that would result in additional cost, although these areas are very minor. c. Their strong, The Company has been in existence since 1964. audited financial statements look positive and indicating the company is financially strong. d. The vendor has all required application software available for immediate implementation. The utility billing package has recently been updated. There are a number of additional packages available for future expansion when the City is prepared to add features. o e. The total cost is $46,997, broken down as follows: Hardware $25,336 Software 17,200 Software Support 3,095 Hardware Maint. 136 Training 3,850 Installation 670 Other 1,710 Less Package Discount (5,000) f. The system has adequate controls and provides an adequate audit trail. city Council Meeting December 19, 1989 Award Computer Bids o g. The hardware has the standard protections against down time. h. The vendor has a large number of users, with seven in the Twin Cities. See Section a for analysis of four of of these users. i. Bid forms indicate these are available, but no indication of content or quality is made. j. The proposal is well put together. Computoservice followed the requested format and put together a concise well worded bid. k. The equipment configuration is 80. This is a relatively new of the art personal computer. expandibility to allow future printer is of good quality as screens. based on an IBM PS/2 Model machine and is IBM's state It has adequate packages to be added. The is are the four display l. The hardware and software are both well tested and proven. m. The hardware and software are easily upgradable and expandable. The hardware can handle an additional 10MB of memory (cost of 1,395 per 2MB), an additional memory expansion card (cost of $1,695) and 315MB of fixed disk. The vendor recommends up to eight users/output devices on the PS/2. Should the City desire additional user/output devices, for example if we decide to put wordprocessing on the PS/2 and sell the DEC, an additional PS/2 would be needed to handle the load. o n. All software packages are table-driven and designed to be operated by existing clerical and managerial staff. No data processing staff is needed. Routine changes can be made by City staff without program modifications. The operating system is also made to be used with very little additional staff or expertise. o. Total staff 140+. Programming/system analyst, and field support personnel specializing in utility and city government applications - 40. p. Computoservice is the sole provider on the bid. This provides the City with the ability to have all questions or problems answered in one phone call. q. Computoservice is anticipating hardware delivery and installation will occur in February, 1990. Software installation and training would be dependent on City time constraints and hardware installation. City Council Meeting December 19, 1989 Award Computer Bids o r. Computoservice is willing to aid the City in conversion of the manual records as well as investigate the potential of automated conversion of the utility billing files. The cost of data entry for inputting the manual records is $15.75/hour. The potential for automating the utility records is dependent of file layout of both systems. General Feel for Company - Computoservice, Inc. is located in Mankato and has been around since 1964. It is a very strong organization that believes in support and user education. Support would be through phone conversations and modem when necessary. The company does not have a toll free phone number, so that the City can anticipate increased long distance bills. The software is well tested and would serve the City of Andover well. There needs to be some concern about the negative reaction from current users, although a variety of circumstances can cause this. BUSINESS RECORDS CORPORATION o GENERAL COMMENTS - Total bid cost of $37,900.00. Total bid bond received of five percent of total bid. Hardware configuration is as follows: AS/Entry CPU Model S20 (includes tape drive), one monochrome and one color display station, Quickwriter printer. Software includes SSP Operating System, Financial System, Payroll System, utility Billing System and Designer Reporting Package. a. Business Records Corporation (BRC) nationwide has over 600 clients. The local office is located in st. Cloud and currently has 12 installations in Minnesota. In the Twin Cities, Blaine, Elk River, Columbia Heights and west st. Paul. Blaine has been on the system since 1985. They are very happy with system and support and training are good. Elk River is completing their first year on the software. The feel the training was excellent and have been pleased with the support. Also said input was easy and quick. Columbia Heights was previously on Computoservice before switching to BRC in 1988. They are extremely happy with support and training and find the system easier to use than computoservice's. west St. Paul has been on the system since 1986. The training and support were adequate, however, the vendor did not make the program modifications necessary to generate all the reports which were required in the specifications. The City of Champlin as recently contracted with BRC to purchase hardware and software. No modifications are needed to make the software meet the City specifications. Should the City desire modifications, BRC is available to do them. The cost will be at BRC's regular rates and will be quoted prior to beginning work. b. c. The Company has been in existence since 1974. audited financial statements look positive and indicating the company is financially strong. Their strong, City Council Meeting December 19, 1989 Award Computer Bids o d. The vendor has all required application software available for immediate implementation. There are a number of additional packages available for future expansion when the City is prepared to add features. e. The total cost is $37,900, broken down as follows: Hardware and Software $34,950 Software Support 3,095 Hardware Maint. -0- (all hardware under at least 1 year warranty) Training (included with cost of software) -0- Installation (to be done by City with BRC guidance) -0- f. The system has adequate controls and provides an adequate audit trail. g. The hardware has the standard protections against down time. h. The vendor has a large number of users, with several in the Twin Cities. See Section a for analysis of these users. i. Bid forms indicate these are available, but no indication of content or quality is made. j. The proposal is well put together. Business Records Corporation followed the requested format and put together a concise well worded bid. 1. The hardware and software are both well tested and proven. m. The hardware and software are easily upgradable and expandable. The hardware can handle an additional 315 MB of fixed disk at a cost of $4,765. The CPU will allow a total of 28 peripheral devices. n. All software packages are menu-driven and designed to be operated by existing clerical and managerial staff. No data processing staff is needed. Routine changes can be made by City staff without program modifications. The operating system is also made to be used with very little additional staff or expertise. o o. Total staff 140+ in BRC-Midwest. Five to seven support personnel are available to support city applications with an additional six to ten technical professionals for technical support. City Council Meeting December 19, 1989 Award Computer Bids o p. Business Records Corporation is the sole provider on the bid. This provides the City with the ability to have all questions or problems answered in one phone call. q. BRC anticipates hardware delivery and installation will occur in late January or early February of 1990. Software installation and training is dependent on City time constraints and hardware installation. BRC estimates that software training and installation could begin as soon as early February. r. Business Records is experienced and willing to aid the City in conversion of the current records to the new system. They have not quoted an exact price for the automated conversion of the utility billing files, since the cost is dependent on the file organization and format. Past experience has shown BRC that this process usually runs around $1,200-$2,400. Their goal is to aid the City in what ever manner need to facilitate a smooth conversion of City data, be it automated or manually. General Feel for Com~ - Business Records has been around for for 25 years. They nave maintained an office in St. Cloud since 1986, when BRC acquired Computer Concepts and Services, a company specializing in local government products. The company stresses its training and support and from discussions with users, these two phases of the company appear to be excellent. The company offers free retraining for users under their support agreement. Support is done by phone, although BRC offers a toll free number. One area of concern is the hardware. IBM is aggressively marketing the AS/400 machine. The proposed hardware is the newest System 36. While it would seem that the vendor would need to support the software on the system 36, the future is the AS/400. In addition, a third terminal would make the system more usable, although the configuration with two terminals is adequate for now. COPIES OF ALL THREE BIDS ARE AVAILABLE FOR YOUR REVIEW AT CITY HALL. FUNDING AVAILABLE The following is a summary of the available funding sources. Remaining proceeds and interest earned from 1987 Equipment Certificates of Indebtedness Amount remaining in Equipment Fund Total available $23,673.20 $22,397.55 $46,070.75 o The bids as presented do not include potentially needed furniture, a printer cover to squelch noise and the exact amount of cabling needed. These items will be in addition to the bid price. Any funds remaining after the purchase of the equipment should be transferred to the General Fund to offset the costs incurred with repairing the public works grader. Council had previously discussed that a portion of the funds in the Equipment Fund were for self-insuring the grader. City Council Meeting December 19, 1989 Award Computer Bids c:> BASIS FOR CITY SELECTION In purchasing a computer system (or any other type of equipment), the City needs to weigh the cost and benefit of each proposal. The lowest cost alternative is not always the best choice for the City. The Handbook for Minnesota Cities states that the City must award the bid to the "lowest responsible bidder." The handbook goes on to define lowest responsible bidder as the ". . . lowest bidder most likely, in regards to skill, ability, and integrity, to do faithful, conscientious wor~, and to promptly fulfill the contract according to the agreements." The bid specifications were written in such a manner that if complied with, all proposals would be in the same format and contain the same information. This was done to allow equal evaluation of all bids. Bidders were warned that bids that did not conform to specifications may be eliminated from further consideration. Vendors were further warned that the quality of the proposal would be viewed as a basic indication of the vendor's general competance and technical ability. FINANCE DIRECTOR'S RECOMMENDATION Based on the evaluations of all bids it is the recommendation of the City Finance Director that the bid of Fundbalance, Inc. be rejected as not comforming to the specifications for the following two reasons: 1. At the time of bid opening, the bid bond was not sufficient; and 2. The bid documents did not conform to the required format nor did the bid contain all required information to be considered. This makes Business Records Corporation the low bidder. It is the belief of the Finance Director that they are also the lowest responsible bidder for the following reasons: 1. The bid documents conformed to the required format and contained all the information required for proper evaluation; 2. The proposed hardware and software meet the City's requirements as outlined in the specifications; and 3. The vendor's performance in similar contracts has been adequate. o city Council Meeting December 19, 1989 Award Computer Bids o CITY COUNCIL OPTIONS 1. Reject all bids and rebid the purchase. 2. Reject all bids and discontinue discussion on the acquisition of a new computer system. 3. Reject the bid of Fundbalance, Inc. based on its being deficent as discussed above and award the bid to Business Records Corporation for the reasons stated above, and instruct the Finance Director to begin negotiating the necessary contracts. 4. Request the Finance Director to contact Fundbalance, Inc. to discuss the missing elements of their bid and return to Council with this information. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE n9~9mbgr 19, 1909 AGENDA SECTION NO. Staff, Committee, Commis i ITEM Award Bids NQ Recycling Containers 10. ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA BY: Cindy REQUEST The Andover City Council is asked to consider the Bid Proposals for recycling containers. BACKGROUND Two bids were received for curbside recycling containers. Rehrig Pacific Co. and Homeland Products, representing Shamrock's recycling container. Rehrig'S container is $1.81 less than Shamrock's. Differences of the two containers: Shamrock - 3000 @ $7.65 = $22,950 Rehrig - 3000 @ $5.84 = $17,520 5 year factory warranty One year warranty, 20% annual decrease of coverage 20 gallon size Drop test from six feet, 40# load no damage Storage available for two months 18 gallon size Drop test from six feet, no load, some damage No storage available Bottom demensions are similar, Shamrock is 7/8" deeper. RECOMMENDATION The recommendation that I have is to buy the Shamrock Curbside Recycling Container. Since residents won't be able to receive the containers immediately after delivery, the containers need to be stored. The warranty is better and the size is a little more. Service should also be better since the Shamrock container is made in Minnesota and the Rehrig comes from Illinois. COUNCIL ACTION MOTION BY o TO SECOND BY TABULATION OF BIDS o PROJECT: f7 e (L{ ell t~ d 31n S BIDS OPEN: ;2,'5i:'pm I-? /1 '-I / f- '! CONTRACTOR P & S BID Ret'd BOND TOTAL BID f8":fI A-) , . B) . a:, .::io...l. f-h !:^d<...--ku Is i) . 5/t?lm~ t/\....,/\/ l~" ---.,/\~\--/ /-) - 'SJtf Iu III f I {a,I Ice, '?v c.:..:c. ,'ro..;'. iPo <7" 6 Vlllv-./+/ ,"-"'(i~<.r;c 06 (O"-<''':;j~ Size 2)~1,) ;1)0 d- . / - f(/, tef S;& 7{;)/ ilfid -$;)295b .........\ I \ ---, --------\ -/.\ ~"---:-\ --_/, ----..-, 11 / \ B - 7 0J /LU'lA.-:t . .- S- L. Re<I' ?CC! '70 {.<){J..r,'Ci.Y\.-J-.., I ((( C' ~{1QY15 - dO 6A (0Y1.5 -;);0 ksl- (;l,/() dcz.tv7Uc' ~ ) 4/ol/!-s. ~a.d' -31;'" F *5.1- S" n,f 6.. c,--", /} (,Iad Ci..!J..G f./ ' ....... 131) h7JYY/ ,(Jr1?1.d?'7 Si~iY1 ,- It /3 % h~cyL x d,/ %-Ul/~X /'--/:j/deer' -- /O(a...( COYt-f-a.cl- -'1eS I u' Dre fes-j- (;JY>U -- . dD C F -!e<;-!- -. No 5tm-I1JR AV6-G-1a.6/e &,.,IhY>") })/~<;IO'y) /3 II hJL x' ;J()~ t.<.J/de K /t../ 'c/ze,c; la c()../ eM-fa. cf - ;(/0 ~~ '~rr1- :;:"'17, 5z.o~ 30fn)& ? ~S- :=. .12. 2,.9 so~ -~l:ir....".L.~""tJ I . "lli~aa-t-= o o o \ ~~ ' L' . ~e~rht 'adfi{ ~omllan~ ~ December 13, 1989 CITY OF ANDOVER l685 Crosstown Blvd. Andover, Minnesota N.W. 55304 Dear City of Andover: On behalf of Rehrig Pacific Company, we appreciate the opportunity to bid on the City of Andover's requirements for curbside recycling containers. Having been fortunate to be an active supplier of recycling containers in the Twin Cities' area, and throughout the country, we are excited at the possibility of providing our containers for your recycling program. Rehrig Pacific Company is confident that the business we have secured is due to our ability to provide a sturdy, quality designed bin and on-time delivery and service. Also, we feel the convenient-to-use design and large volume capacity benefits programs by enhancing participation and the volume of recyclables collected. We are pleased to submit the enclosed proposal. Some comments regarding the standard terms and conditions/requirements: l. Our price for the HuskyLite 18 gallon bin is $5.84 each delivered. This price includes the unit cost of the bin, a one-time branding charge to have the same brand on both long sides of the bin, and freight to Andover, MN. 2. With the inclusion of at least 50% post-consumer recycled materials, Rehrig Pacific Company will offer a five (5) declining guarantee which states that under normal use, the containers will be free from defects in workmanship and materials on the basis of 100% the first year, and declining 20% every year thereafter. 3. We have included a copy of the drop tests conducted on our l4 gallon container. The proposed container, 18 gallon, mirrors the 14 gallon in composition, style and design. No tests have been conducted on the 18 gallon yet, but the enclosed are representative. ------.-----.- 4. An 18 gallon container has been sent under separate cover for your review. 5. The following cities/organizations in your area are currently utilizing our containers: 1850 NORTHWESTERN AVENUE. GURNEE. IlliNOIS 60031/708.249-1505 QUALITY PRODUCTS FOR INDUSTRY SINCE 1913 01 I u:=;", CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) 755-5100 C.ITY OF ANDOVER ANDOVER, MINNESOTA 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 3,000 curbside recycling containers. Summary of Requirements It is the intention of the City of Andover to purchase containers for residents to use for curbside recycling. The design of the three bag container shall meet the following requirements: 1) Constructed of strong durable plastic that consists of at ~east 50% post-consumer recycled materials. 2) To provide drop test results of up to at least six feet is necessary. 3) All bidders must submit independent laboratory test results indicating durability in extreme climate conditions and state what those conditions are. 4) The containers should be guaranteed for five years against any workmanship or materials' defects under normal recycling use. 5) The containers shall be printed with the recycling logo and city name. 6) The container should have at least a twenty gallon capacity. 7) The vendor neads to have the ability to store-the containers for up to two months while they are being dispensed to residents. 8) Freight should be included in the bid. o 10 GM HOMELAND PRODUCTS INC. 13931 PARTRIDGE ST. N.W. ANDOVER, MN 55304 612-757-2360 GM HOMELAND PRODUCTS INC. December ~2, ~989 CITY OF ANDOVER Recycling Coordinator ~ cindy DeRuyter 1685 Crosstown Blvd., Andover, MN 55304 SUBJ: Bid for curbside Recvclinq containers Dear Cindy, GM HOMELAND PRODUCTS, INC., an Andover-based company, appreciates the opportunity to submit our offer to accommodate the city's needs for recycling containers as advertised in your request for bids. This proposal meets or exceeds the requirements in your solicitation document as outlined below: o Molded with more than 50 percent of recycled plastic, o Suited for extreme temperatures (rib~reinforced) o Capacity of at least 20 gallons (holds 3 grocery bags) o Guaranteed against any workmanship/material defects (5-years) o Recycling logo and ANDOVER hot-stamped on two corners. \. Further, we will provide two months storaqe of excess containers at no additional cost. Delivery of excess units to the City Hall will be at no additional charge. Freight from the factory to Andover is included in the bid. The containers are identical to the containers utilized by Blaine's recyclinq proqram (Blaine City Hall, 9150 Central Av. NE, Blaine, MN 55434,784-6700). Enclosed is our OFFER summary which also contains some meaningful options that perhaps no other vendor has considered, such as: o Hauler/House number identification labels o Printed recycle/curbside instruction sheets This proposal also contains a product description sheet of the proposed unit, a corporate statement describing our company, and an industry- standard purchase agreement. Also enclosed, per requirements 2 and 3, are the rigid drop test results and independent laboratory test results for the proposed containers. This bid document contains proprietary information and cannot be reproduced or disclosed to third parties without ,consent from GM HOMELAND PRODUCTS, INC. If you have any questions about the enclosed offer, please feel free to contact us anytime. In addition, if the city has other related needs, our staff is equipped to accommodate these important items. Sincerely, ~~ L:::-? /IlHj~L~~~ Gary S~aY/Me~~rochniak GM HOMELAND PRODUCTS, INC. ANDOVER, MINNESOTA 55304 \0 o '0 GM HOMELAND PRODUCTS INC. 13931 PARTRIDGE ST. N.w. ANDOVER, MN 55304 612-757-2360 GM HOMELAND PRODUCTS INC. PROPOSED OFFER CURBSIDE RECYCLING CONTAINERS Model 695/3-Bag Recycling Container (see Shamrock product sheet for details) (*3000 to 4000 Qty. Price) $7.65 * Quantity Ext. Price $22,950 Model/Description Unit Price 3,000 HOT STAMP PRINTING AT FACTORY Recycle emblem and the word ANDOVER in WHITE on two corners. TERMS Order Date: To be determined Payment Schedule: Upon delivery to City Hall or to temporary storage Warranty Period: 5-year factory warranty Offer expiration: Offer subject to change anytime if manufacturer's terms change. Taxes: Any applicable taxes are not included in prices. DELIVERY/STORAGE Delivery to the Andover City Hall: (Note, once this order has been placed with the manufacture, it cannot be cancelled or delivery deferred.) units will be delivered in approximately 30 days. Two months storage of unused containers: CONTAINER--USE--~ Goods ordered are to be used for the expressed purpose of the City's curbside recycling program. TOTAL no charge TBD included at no additional cost per factory schedule no charge $22,950 GM HOMELAND PRODUCTS INC. 13931 PARTRIDGE ST. N.W. ANDOVER, MN 55304 612-757-2360 GM HOMELAND PRODUCTS INC. o OFFER (PAGE 2) OPTIONS 1. STICK-ON IDENTIFICATION LABELS As an option Homeland Products will prepare, at the City's request, color-coded stick-on labels (appr. 3" x 5") to identify haulers and the house number where the container resides. If for some reason the resident changes haulers, a new color sticker is made available by the city to identify the new hauler. This LABEL must be applied when container surface is above 40 degrees. Labels are made of material for outside use. This method allows the haulers to determine which containers are destined for pickup when multiple containers align the street. House numbers can be applied to the label using a standard permanent magic marker. The price for these labels which come in four colors are as follows (example) : Color Quantity Price Red 1,000 $145 White 1,000 $145 Yellow 1,000 $145 Orange 1,000 $145 ----- TOTAL 4,000 $580 2. INFORMATION/INSTRUCTION SHEET with the City of Andover's input, HOMELAND PRODUCTS can print 3,000 instructional one-sheet flyers which can dispersed by the cith with the 3-bag containers. Recycled paper will be used. see below $580 . $100 c:> Shamrock is a registered trademark of Shamrock Industries, Inc. ( , ( Shamrock Curbside Recycling Containers Increasing solid waste and decreasing landfill space has resulted in a growing need for curbside recycling. The high cost of waste disposal along with environmental concerns has hastened the need for sound recycling programs. As more communities become involved in recycling, it is obvious that not all recycling needs are the same. Some prefer stackable containers...others require a multi-material, 3-bag-in-1 container. That's why Shamrock offers a choice of recycling containers, all in durable, strong, injection molded plastic, built to last for years. Shamrock has a nationally proven track record in quality injection molded products for over 40 years. Our recycling containers are now being used across the country in industry as well as residential programs. We take our recycling concept even one step farther...our containers themselves are largely recycled plastic. Look to Shamrock...your partner in progress. All Shamrock Curbside Recycling Containers Are: o S~rong, dl;lrable injeption molde~, 0 Available in a wide variety of colors hlgh-aenslty polyethylene plastiC 0 Printed as you cJe!iignCl~eil".ecycling o Rib reinforced for extra strength logo, contents, city o Suited for extremes of 0 Molded with a high percentage of temperature recycled plastic! o Built with solid wall construction to minimize consequences of wind, moisture and ground problems o Guaranteed against any workmanship or materials defects under normal recycling use o Available in two styles for unique Sham POCIe. needs · \; INDUSTRIES, IN.CX!> @ Recycling Container Division an LDI company Stackable Recycling Container Our stackable containers are designed to be aesthetically pleasing while maintaining the recycling container identity. They stack easily and securely with the traditional cut-out for quick Jiiosit of recyclable materials. Solid wall construction minimizes vse littering problems. spills and ground moisture problems. , ~ ~W Three-Bag Recycling Container The Three-Bagger is specifically designed to hold 3 expanded grocery bags in one direction for a multi-material container. Its height is designed to better protect bags from wind. moisture. dirt and the elements. Refuse stays where it belongs.. .in the container! Printed in U.S.A. 05-60-7-280 1 H 1 o Solid wall construction and feet minimize consequences of wind, moisture and ground problems o Strong double reinforced handles make carrying easy o Units stack securely with interlocking feet o Large 11.37 gallon capacity each o Ribs provide extra strength and stability o Four drainage holes in bottom keep containers cleaner yet don't let broken items fall out o Available in a variety of colors ( Specifications Model 748 Gallon Capacity: 11.37 Bottom Inside Dimensions: 11"hx 17.50"w x 13.63"d BottomOutside Dimensions: 12.63"h x 20.63"w x 14.94"d . Specify color. ( o Solid wall construction throughout keeps bags drier, better protected from elements o Designed specifically to hold 3 expanded grocery bags in one direction for multiple uses o Rounded,off top lip acts as a comfortable and convenient handle ' o Built taller than conventional 3-bag units to keep refuse inside bagsmnot on the ground o Available in a variety of colors Specifications Model 695 Gallon Capacity: 20.95 Top Inside Dimensions: 13 7{S"hx24"wx 171/4"d ________ Bottom Inside Dimensions: 137/S"hx211/4"wx141/4"d .Specify color. Shamrock@ Industries! Inc. Shamrock Curbside Recycling... Your Partners in Progress. 834 North 7th Street Minneapolis. MN 55411-4394, U.S.A. [6121332-2100; 1 800822-2342 [Toll Free] 1 800822-2343 [In Minnesota] c o GM HOMELAND PRODUCTS INC. 13931 PARTRIDGE ST. N.W. ANDOVER, MN 55304 612-757-2360 GM HOMELAND PRODUCTS INC. ~QRPQRATE SUMMARY GM HOMELAND PRODUCTS, INC. is a specialty pr-oducts company whose main pur-pose is to pr-ovide cost-effective and pr-oductive pr-oducts to value- conscious individuals, communities, and business customer-s which cover-s a wide-r-ange of r-equir-ements. HOMELAND PRODUCTS began its oper-ations in the second quar-ter- of 1989 with dir-ect focus water- pr-eser-vation needs lsubsur-face ir-r-igation), human-assist car-e pr-oducts, inter-mediate r-ecycle container-s, novelty NEON displays, ener-gy alter-native pr-oducts, along with miscellaneous suppor-t pr-oducts. Each specialty is descr-ibed br-iefly below. SUBSURFACE IRRIGATION Mor-e and mor-e people ar-e concer-n about water-pr-eser-vation in one for-m or- another-,. As r-esult, many homeowner-s or- commer-cial pr-oper-ty owner-s with lawns ar-e looking to the futur-e for- mor-e effective lawn ir-r-igation systems. HOMELAND PRODUCTS has that pr-oduct today that satisfies this demand. A low maintenance, under-gr-ound distr-ibution system that doesn't use spr-inkler- heads. It places water- wher-e the lawn needs it, in the r-oot zone. HOMELAND PRODUCTS is an exclusive supplier- in our- nine county ar-ea. Subsur-face ir-r-igation is also gr-eat for- gar-dens and agr-icultur-e. HUMAN-ASSIST CARE HOMELAND PRODUCTS is an author-ized dealer- for- the nation's top manufactur-er- of liftchair-s, electr-ic scooter-s, and wheelchair-s available in the industr-y today. We pr-ovide a unique Shop-at-home ser-vice for- anyone who ar-e unable to travel-shop to multiple locations for their impor-tant car-e-assist needs. ENVIRONMENTAL/RECYCLE Our- company ser-ves as a broker- for r-ecycling componentsnecessar-y for- communities to implement r-ecycling pr-ogr-ams in their- city. We have access to a widest array of manufacturer-s in the industry. Because of our- low overhead organization, we can pr-ovide our- customer-s with extr-emely cost-effective products within their- limited tax allocations and funding measur-es, which gives them mor-e buying power- for- each consumer- dollar-. o o o CORPORATE SUMMARY (CONT'D) NEON DISPLAYS HOMELAND PRODUCTS specializes in attractive, novelty NEON signs for business, home, car/camper, or dozens of other amazing uses. We think our NEONs are built by best NEON sign manufacturer in Minnesota. They only use high quality material and components which far surpass many novelty sign producers. These signs are sold by mail-order only with an excellent warranty program on each unit. Best of all, our prices are hard to beat anywhere (from the east coast to the west coast). You can expect to pay a lot for a good novelty NEON sign, but not from HOMELAND PRODUCTS. ENERGY ALTERNATIVES (SOLAR) The rise and fall of energy demands is a constant battle. We all know one thing, that the price of energy seems to rise more often then fall. As result, HOMELAND PRODUCTS has positioned itself to be 'a key supplier of Energy Systems, specifically, solar-powered systems for the 19905. Solar energy is once again.a energy alternative that is right for many applications. The wide range of products offered by HOMELAND PRODUCTS is the best source of solar products in this area. -..".~,~'" ' .'. ~~ . .;'yf~,~,:;::;~....:~~;~..:::,::..~:~.,.... ~;',>.-, _,;' ; ~~;~~.;~:}l~t~~}l}ii:f;i~:f~)~:'; ,~__._ _.,~:YfdiB~a~:~:i~~~r~L.~,~ '.. ","r.. -... '>. ~.' -.: :c: ..;:--;::.~. " .. ~~:~:;: ': .-. --- . --- --- -- -- -- -- Package Testing Services o TABLE OF CONTENTS OBJECTIVE 3 TEST SAMDLE DESCRIPTION 3 TEST PROCEDURES MID RESULTS ~ ~ j-:J DISCLAIMER OF WARRANTIES 6 APP'NJ IX I 7 Photoqraphs 8 '0 . ~ . . ~ w ~.w _ "'~.: ~ .... -- . ""IP'f"J ,~ l) S /,. '-=--: --- --- -- -- -- -- -- Package Testing Services o OBJECTIVE Report: 51049 Page: 3 Date: July 14, 19S9 To subject the Shamrock Polyethylene 3-Bag Tote Bin "B" to drop testing, using ASTM 0775 , Standard Test Method for Drop Test for Loaded Boxes as a guideline. TEST SAMPLE DESCRIPTION Shamrock Polyethylene 3-Bag Tote Bin "B" TEST PROCEDURES AND RESULTS ?T----...,. ~===--u~~.\ [ J1DlLHJJlLD.1LJ.LO...DJl.C, n n; V\,l !, L:.. - '\ , !I i . 0 [2Jill ~' !igil.,i 1,1.., II! II J I o ~ III J ""li! pi 1~;<Ji Testing was completed by Packag-e-Test;ng Services, an operating unit of Ecolab Inc. on July 14, 1989. o ~;' ':;'''>j~C0:033:; Pnrlot:!l in l).:;"..^. '- - -' Package Testing Services ! 0" Report: 51049 Page: 4 Date: July 14, 2939 TEST PROCEDURES AND RESULTS DROP TESTING Sample Size 6 Tote Bins Drop Orientations Flat on Bottom Diagonal on Bottom Corner Drop Heiqhts 48" (4') 72" (6') Drop Seauence Test Load 40 lbs. - Bundled Newspaper 1 4811 Fl at on Bottom 2 - 72" Fl at 0 n Bottom 3 - ,13" Diagonal on Bottom Conler 4 - 7?1I Diagonal on Bottom Corner ,,- Equipment (1) Yale forklift (1) Cald\'lell Co., ( ton capacity brace (1) Manual release mechanism (2) Container orientation sling Conditioninc; -30JF for 24 Hours Test Standard ASTM 0775 Standard Test Method for Drop Test for Loaded Boxes, IJsed as a guid~line ~eslJlts Flat on Bottom Diagonal on Bottom Sample Drop Orientation Corner Orientation* No. 48" 72" 48" 72" 1 Pass Pass Pass Pass 2 Pass Pass Pass Pass 3 Pass Pass Pass Pass 4 Pass Pass Pass Pass 5 Pass Pass Pass Pass 6 Pass Pass Pass Pass * The Tote Bin was ad ented at a 100 angle from the impact surface. Inspection Criteria: Each test sample \~as inspected follol'ling each drop. Definition of Failure: Th~ tote containers were inspected for any break in the continuity of the material. Specifically, a crack or chip qllalifi,:~ as " failure. Any a1)rasions or scuff marks reslIl tin'] f:'O'l1 t:"c t:'3 ':~:1; were not accounted for. Average Time to Complete each Drop Test/Inspection Sequence: 5.4 minutes \0 . 7 ~ ..... .' :.' " '''.'or, i''''',,,r -,'f",', '"- - -' Package Testing Services v Report: 51049 , Pi\~JP.: 5 Date: July 14, 1989 o TEST PROCEDURES AND RESULTS CONCLUSION '-- The Drop Testing performed at Package Testing Services was carried out using AST11 0775 Standard Test Method for Drop Test for Loaded Boxes as a guideline. Six test sample Tote Bins \~ere initially conditioned to -300F, for 24 hours. Follo~ling the conditioning 'peri ad, each test sample was removed from the freezer and immed i i\ tel y 1 oaded \~i th 40 1 bs. and subsequently tested. The drop testing consisted of the Following sequence: 1 - 48" Flat on Bottom Drop Test 2 - 72" Flat on Bottom Drop Test 3 - 48" Diagonal on Bottom Corner Drop Test 4 - 72" Diagonal on Bottom Corner Drop Test , Following each drop in the test sequence, the individual sample was visually inspected for any evidence of cracking or chipping. Any evidence of a crac~ or chip to a test container \1aS recorded as a failure. The time of each drop/inspection sefjuence \'/ilS al so recotded. Timing commenced upon removal of the test sample from the freezer. The indi'lidual res'I':O: are referenced on page 4. /---! ....-~ -.-'--j (/ // ~ . /7 /7/'// /' ,.,.~..--;~:!/ -'" <--- -_.// /' ~M;r0 /.' 1..4 '-'/ />James D. Lotll . Packaging Technologist o .. .4~ "..,,... 4.... ,.... ,",.. ,":-: Prm:r:'l if1 1J.~:./\ ", Report: 51049 Page: 6 D<:\b;: July1ti, 1 ()O () .~ .' ',) - ......:,.. -' Package Testing Services (0' DISCLAIMER OF HARRANTIES Ecolab Inc.' s Packaging Testing Services certi Fies that the previously described testing services have been performed in accordance with standad good laboratory practices. ALL OTI IER H,~!(Ri\11TI ES, EXPRESSED OR I~1i'LI ED, INCLUDING ANY HARRANTY THAT THE PACKAGING TESTED IS MERCHANTABLE, FIT FOR A PARTI CULAR PURPOSE OR IN co.~1PLIANCE ~JITH Any FEDERAL OR STATE REGUU\TIONS, AR~ DISCLAH1ED. In no event shall Ecolab Inc.'s Packaging Testing Services Liability exceed the total amount paid by Shamroc'< Industries, Inc. for services rendered. o . ,.-~ -,. f' , ,'.r) i'ri"":'I::.II'.,\, PURCHASE AGREEMENT DATE GM HOMELAND PRODUCTS INC. GM HOMELAND PRODUCTS INC. 757-2360 BOX 251 MINNEAPOLIS. MN 55303-- . ...... .. Name S 0 Address L D T City State_ Zip 0 Phone ( S Name , H Address II p T City State_ Zip 0 Phone ( ( Quantity Product # Serial # Description Unit Price Total I I I I , i I I I ! Special Instructions: SubTotal Delivery Assembly Tax Total ,- Deposit Balance Due FQR OFFICE USE ONLY Date Received Deposit Amt. Check # Dep. Date Customer # Comment Enter Date Initialed Date NOTE: Some states require us Signature of Purchaser to notify custom- ers of a 72 Hour Sales Representative Right of Reci- sion. TERMS AND CONDITIONS OF HONELAND PRODUCTS (SELLER) -- QTERMS AND CONDITIONS. ' e terms and conditions set forth herein constitute all agreements between the SELLER a.nd BUYER forthe purchase of goOds and supersede all prior correspondence. quot~tions. and other communications. elth~roral orwellian. Acceprance is expressly limited to the ferms'and"conditions herein. These terms and conditions may be changed only by a writing signee by an executive officer of Seller at Seller's location shown on the front hereof. The Uniform Commercial code of Minnesota governs this lransactlon. 2. CHANGES IN SPECIFICATIONS. All requests for changes in specifications alter orders are Placeo shall be made in wriling and must 08 accepted in writing by Supplier. at its soJe option. to be effecilve. 3. CANC~LLATlON. DEFERMENT OF DELIVERY. No order is subject to cancellation or deferment ot delivery. 4. SUSPENSION OF CREDIT. Supplier may suspend credit and shipment of goods ordered when. in its judg~ent, the financial condition at Customer warrants such action. 5. CONTINGENCIES. Execution of all orders is contingent upon fires. strikes and all other causes beyond Supplier's reasonable control. If. because of any such event, SUPplier is unable to supply the total de. mand forthe goods. Supplier may allocate its available supply of 9.oads. without obligation to purchase similar goods from other sources. among itself and all of its customers. inCluding those not under contract. on such basis as It determines 10 be eQUItable: 6. PRICES. Pnces are subject to change at any time. All prices are Quoted F.Q.B. Supplier's plant localion. Prices may not include tax, Prices are subject to an increase '!!quallO any amount of tax which Supplier may be required to collect or pay upon the sale at the goods. If not included on the original invoice for such goods. such amount may be inVOiced later. 7. PAYMENT. SUBJECTTO SUPPLIER'S CONTINUING APP!=!OVALOF CUSTOMER'S CREDIT. AND UNLESS OTHERWISE SPECIFIED, MODIFIED OR SUPPLEMENTED ON THE FACE HEREOF. CUSTOMER SHALL PA Y FOR ALL GOODSON. THE FOLLOWING TERMS: 1 Q/Q.iO, NET THIRTY (301 DAYS: LATE PAYMENT CHARGE OF THE MAXIMUM LEGAL RATE ALLOWABLE. UP TO ONE AND ONE,HALF PERCENT (11(2 %) FOR EACH THIRTY (30) DAYS OR PART HEREOF MAYBE ADDED. 8. SHIPMENT AND ACCEPTANCE. Any expon or other special packaging or transportation Charge WIll be added to lhe price. and will be invoiced to and paio by Customer when they occur. Supplier will not be responsible for any freight. Iransponation. insurance, shipping, storage. hanaling. demurrage or similar charge. Buyer will be resPol'!sible for examining goods immediately upon aeHvery by carrier. Buyer must advise the carrier and Seller of damages or shortages DtlOr to Buyer's accePtance of the gOods from the carner and, with the exception. oT.latent defects, WIll ~dvise Seller of any claIm with resoect to any damages or S,hOrtages Within ten 110l days after receiving goods. Buyer's lallure 10 advise the camer and Seller shall relieve Seller from any claim by Buyer for any Shortages oraamages and Shall constitute a waiver by Buyer of any claIms against the gOods. The responsibility for processing claims with the carner far transportation damages and/or shortages rests with Buyer. No order is Subject to deferment of delivery Without consent In wnting between Seller and Buyer. No claim shall be allowed nor credit given for goods returned without Suppliers written authority, A restOCking charge of fifteen percent (15%) of the price may be imposed for returned gOOds. Unless the indicated shipping date is expressly guaranteed. advance information as to date at shipment is an approximation only, based upon Suppliers best jUdgment at the time. Customer's acceptance ofdeHvery will constitute a waiver of any and all claims for any losses or damages due to delay, 9. WARRANTIES. THERE ARE NO WARRANTIES COVERING THE GOODS. ALL WARRANTIES. EXPRESS OR IMPLIED. INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDEO. 10. SECURITY INTEREST. Suppliershall retain a security interest in all goods purchased by Customer until all sums owing are fully paid. The security interest shall include any proceeds realized by Customer upon the sale ot sue" goods. Should Customer be in any detaun. or should Customer's financial responSibility be reasonably deemed by ~upplierto be unsatisfactory, the entire balance owing shall. at Supplier's elec. tlon, become immediately payable without notice and Supplier may, in addition to other lawful remedies. S8lZ8 such goods without leqal process and. at Supplier's option, ~i~her retain them in full satisfaction at Supplier's obligations hereunderordisposeot 5uch goods at publiC or private sale. retaining from the mOnies realized therefrom an amount suffICient to pay Ihe balance due. plus the expenses of retaking and resale. and reasonable attorney's tees. Any surplus realized by Supplier on such resale shall be returned to Customer but Customer shall reo main liable for any deficiency. 11. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SUPPUER BE UABLE FOR ANY CLAIM FOR LOST PROFITS. LOSS OF GOODWILL. OR CDNSEOUENTIAL OR INCIDENTAL DAMAGES OF ANY KINO FOR ANY AMOUNT IN EXCESS OF THE PRICE FOR THE SHIPMENT INVOLVED. " ' 12. APPLICABLE LAW. All contracts hereunder shall be considered entered into under the laws of the State ot Minnesotaand sllall be construed in accordance with the laws of that State. Customer agrees to promptly pay all damages. interest. costs. costs at collection and reasonable attorney's tees incurred in enforcing any of the provisions at this agreement. Customer also agrees to waive all defensesot lack at jurisdiction and insufficiency of service of process. . 13. RECEIVING FACILITIES. Customsr agrees to furnish and maintain safe and adequate facilities in all respects, meeting all requirements of all applicable governmental laws, rules or regulations, fo~ receiving and unloading deliveries of and storing any goads delivered hereunder and Customer hereby releases Supplier from any liability far, and agrees to indemnify and dele':ld. Supplier on account of. any claim for injury to or death ot persons or damage to property in any manner reSUlting from or based upon Customer's failure to comply with the foregoing prOVISion, 14. HAZARDOUS MATERIALS. GOOdS purchased hereunder are not to be used in packaging hazardous materials as classified under Federal Regulation Code 49 unless specifically stated otherwise, 15. SEPARABILITY. If any provision hereof Is. or becomes. violative of orco'nuary to any applicable law or rule. order or regulation issued, Supplier may, at its option, either cancel such provision. without effect upOn other provisions. or terminate runtler de!iverjes in.theirentirety. 16. ASSIGNMENT. Customer's right to purchase any gOOds hereunder is neither transferable nor assignable by Customer without Suppliers pnor w,itten consent. 17. REMEDIES. In ttle event of any breach ~y Customer of any 0' th8-pro~i;~~sot t~is or any of Ihe proviSions of any contract resulting hereunder, Supplier may, in additil?n to any other rights or remedies it may have at law or In equity, Suspend delivenes nereunderorcancellhe contract resullingherefrom without any liability for any alleged damages resultm9 therefrom. 18. ARBITRATION. At Supplier's sole option, any controvarsy orclalm arising out of or relating tothis contract. crthe breach the'eol. shall be settled by arbitration in ac~ordance witt! the Commercial Arbitra. lion Rules of the American Arbitration ASSOCiation and jUdgment upon the award rendered by the Arbitrator(s) may be entered in any Court having IUrlsdlctlon thereof. GUSE ds are to be used tor the express purpose of resale. reuse, or sale to stated buyer and their customers. and are not to be used far purposes at obtatning competitive bids, copies. like duct imItations from ather vendors of similar Droducts. BY TERMS WHICH ARE NOTE, THESE TERMS REVISED ON THE APPLY UNLESS SUPERCEDED OFFER PAGE. 10 o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 November 27, 1989 The City of Andover is accepting bids from distributors of curbside recycling containers. The enclosed request for bids outlines the product specifications. We look forward to receiving additional information from your company. If you have additional questions, contact me at Andover City Hall at 755-5100. "I "0 /1 G;' Jl' ,) , ., i ! '" --I.- , ,'K1c( I L-Ic...v---~-Ji.-'L Cindy DeRuyter Recycling Coordinator Enclosure (0 Submission of Bids Sealed bids will be received by the City no later than 2:30 p.m. on December 14, 1989. Bids will not be accepted after this time. The City will not be responsible for late mail deliveries. Proposals shall be clearly marked: Bid for Curbside Recycling Containers. Vendors shall provide name, address, and phone number of at least one other municipality now using the containers. The City of Andover may make such investigations as deemed necessary to determine the ability of vendors to meet the requirements of these specifications. The City has the right to reject any or all bids. ( o Y\ ",..,.."~''''''I):,,, 7~ ~ /'>, .f <'~ O,_~ (O~.l ) "t~~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER ANDOVER, MINNESOTA 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 3,000 curbside recycling containers. Summary of Requirements It is the intention of the City of Andover to purchase containers for residents to use for curbside recycling. The design of the three bag container shall meet the following requirements: 1) Constructed of strong durable plastic that consists of at / least 50% post-consumer recycled materials. 2) To provide drop test results of up to at least six feet is v'. necessary. 3) All bidders must submit independent laboratory test results V indicating durability in extreme climate conditions and state what those conditions are. 4) The containers should be guaranteed for five years against any v workmanship or materials' defects under normal recycling use. 5) The containers shall be printed with the recycling logo and / city name. 6) The container should have at least a twenty gallon capacity. / 7) The vendor neftds to have the ability to store the containers / for up to two months while they are being dispensed to residents. 8) Freight should be included in the bid. ./ '0 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE npl"!pmhtor 1 Q 1 QAQ AGENDA SECTION NO. Staff, Committee, ORIGINATING DEPARTMENT FOR Engineering ITEM NO. 11. Award Bid/89-24; Comm. Park Pond BY: BY: The City Council is requested to approve the resolution accepting the bids for Project 89-24, Commercial Park Pond. The City received 12 bids ranging from $15,627 to $73,925. The low bidder is Moser Construction Company at $15,627.00. The engineer's estimate was $27,775.00. Moser Construction Company did the watermain project from the tower to 150th Lane by the school. COUNCIL ACTION SECOND BY MOTION BY o TO o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 89-24 FOR COMMERCIAL PARK POND CONSTRUCTION IN THE AREA OF COMMERCIAL PARK. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 191-89, dated November 21, 1989, bids were received, opened and tabulated according to law with results as follows: Moser Construction Co. Arnt Construction Co. Inc. Imperial Developers Inc. $15,627.00 $17,117.50 $20,969.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Moser Construction Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Moser Construction Co. in the amount of $15,627.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilman City Council at a and adopted by the Meeting this day of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE n9v9mb9r 19, 1909 AGENDA SECTION NO. Staff, Committee, ('n' ~--~~_ ' APPRONV~E~D FOR AGEN A \ ORIGINATING DEPARTMENT Parks ~~ BY: \\ ~ ITEM NO. 12. Rose Park Discussion BY: 'T'nnn:r u..~_ The City Council is requested to consider the installation of a security light at Rose Park as requested by the area residents and the Park and Recreation Commission per their meeting December 7, 1989. Currently, under the Park and Recreation General Budget (repair, maintenance, supplies and landscaping) the City has ~ balance of $447.92. The one time charge for installation of the light would be approximately $150-$200. There will be a continuing monthly charge for energy and maintenance which is a normal charge on all of the security lights. The light would be used for the skating rink. The kids get home from school around 4:00 p.m. By the time the kids get to the rink it is dark. Attached is a letter from a resident near Rose Park. COUNCIL ACTION SECOND BY MOTION BY o TO o o / h9--8 -f9 . In U; T- jilt-I ! ~L ();:"- j ,r .' l~."~ i?twL (JtuJ2. ~ i-IC--/tn_Lf_/hnq ~~ , ~ cJ-JL::L J-z~ On:. ,',uO., tAL /J'LL.U.,J) f-!::t 1', ;t: ~ , n..c-ur~"0..2:- 'z.~ W ~ / ~ G..-nv Wrfl.~f'-.-! CDh ~ aiJ..-(y--<--L-t; ~ ' 1U; JthrYq ~ tAu fttl/Jz I . #50 dJ:CL,~, Gl ~~, f:JJJ .4f:a-LchQ '~~l~j-;(j/i:tt /JU.~ ~~ fl ~ ~ 4: f--5f PH Ju f..CLUA-L'~' ~~J , (j~ Q~ /}n.LJ QA,; to l..u-..Acut :~ ~ fJj do .i:D .YX-F~~ :~Uafl <gP-o~9 -4A:L:n'ff :.~ /\~(f~/ {} () : ~ ~ Ljo-wu J+ to/J'Yl~ . f?~ f&ue) ~ I ',~cL} QAL./ !~ ~ I 'Jt ~~ ~ CUY Aau--r..- o...<V' , ' 07r-l ~ ! /h1~( Jh~~ v / ci~Q~ . 3 <)5-9 - J1-o~ 4u-e.. N uJ IJllnclo ~r' \\ L~urie & Jim Joslyn 3459 140th Ave. NW Andover, MN 55304 4:;; --1-1'1;? cf o APPROVED FOR AGENDAlj:J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 19, 1989 AGENDA SECTION NO. Staff, Committee, C mmi i ORIGINATING DEPARTMENT Engineering ITEM NO. 13. Address Similari ties BY: James E. Schrantz In Green Acres plat located west of Crosstown over by Coon Creek, (Heather street, 141st Avenue, 141st Lane, 142nd Avenue, 142nd Lane) there are home numbers on 141st Avenue and 141st Lane that are the same, such as 2938 141st Avenue and 2938 141st Lane. Dennis Walch lives at 2938 141st Avenue and works out of his house so he receives a lot of mail. Mr. and Mrs. Thomas Knuckey live at 2938 141st Lane and often get Dennis Walch's mail. Mr. Walch has talked to the post office and it was suggested that one of the addresses be changed. Mr. Walch has offered to pay up to $30.00 toward the cost of changing the Knuckey's address. As Mr. Walch receives much business mail I propose that we change the Knuckey's address to 2944 141st Lane and have Mr. Walch pay the Knuckeys up to $30 for the inconvenience of the change. I request that the City Council concur as Mr. & Mrs. Thomas Knuckey are opposed to the change. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ni''Ol~1IIlb9r 19, 1909 AGENDA SECTION NO. Staff, Committee ORIGINATING DEPARTMENT Planning ~ BY: Jay Blake(/City Planner ITEM Equestrian Council NO. Appointments REQUEST The Andover City Council is asked to appoint the following individuals to the Andover Equestrian Council. Carol Almeida Sharon Orstad John William Bills Debi Menth Ernest Trettel BACKGROUND The Andover Planning and Zoning Commission has reviewed several sections of the Horse Ordinance and found that portions of the ordinance need updating. The initial Commission recommendation is that the City Council re- appoint a Horseman's Council (Equestrian Council) to assist in the review of the Ordinance update. Becky Pease will be at the meeting to answer any additional questions. COUNCIL ACTION SECOND BY MOTION BY o TO o o CITY of ANDOVER ADVISORY COMMISSION APPLICATION Name: (]~ ~ Address: dyer (~) ~ IVcJ-/l-rc~ Home phone: lf1r~S-303 Work Phone: t.fJLf- J;Z3~ Commission Preference: Planning & Zoning Park & Recreation Economic Development Charter Commission Fire Dept. Advisory Commission Cable Comm. Equestrian council~ Please state your reasons for requesting to be on the advisory commission checked above: J -f e~ ~vL()-U-0L k1 /J A.J!.J /jA Q~ cL ' /,~ ;a,;l !'~ J;d-j, CL ~lJf~ '--' ~ C>/-- ~'U:~ dL ~ ~~ Describe your education/experience which qualifies you to serve on this commission: ~~, Describe y ur professional, C1V1C or c mmunity activities which may be relevant to ~his commission: ~' > J ~/V1,1 , 1~L,I../J >>1~'la.r k.. 0-- /~ft~..Alf " V~ ! ~~ ~11J!:::~' 0::' ~-"-_~ J2~~ . . - w~'J, Slgnature . J~~~,~Jl-k&.~~~~ ~ ,S- C~ ~~, ~-: ~"J) JJ. ?jP~J-..A-~ o-;L~~ ~r-~) ~ ;;';Ck ~-" 0 tAl -I~~ Llh--~ 6-~ -, ,~.A j} )', ./Ck ~~;::l- O-A-Q~ . ~Vl---'" ~cJt.-.~ U o o CITY of ANDOVER ADVISORY COMMISSION APPLICATION Name: ~H;fe On,) DR 5 rP{t] / bo3 L/ CJe.05S7ZJWzJ 'i-3L../- bdJjWork Phone: 6 fvc{J. 454-- b.;l./ 7 Address: Home Phone: Commission Preference: Planning & Zoning Economic Development Park & Recreation Charter Commission Fire Dept. Advisory Commission Cable Comm. Equestrian council~ Please state your reasons for requesting to be on the advisory commission checked above: .A . ~ ,~ ) ~ '--11., CLv...t ~ u~ ~ ~L(!/..J ~'--L-<- 9 ~~ ; ~,~~' ~ c:v HORsE flvW82S CL.-V-ce..-, Describe your education/experience which qualifies you to serve on this commission: ~~,~~~j~ ----r-n.a-.,.,...-. <~ ~ -.,- ...zl.~ (j Describe your professional, civic or community activities which may be relevant to this commission: Lu4L ~ cQO?~. .~~ ~ ~.~) .x.'L.~c. ,.~ '7 '-1-ntL.--<- Q ::;~c;) ~, dJ O)~/I U Dated: I&'/I/&~ ~~(!)~ --------~- Signature ,/' o o CITY of ANDOVER ADVISORY COMMISSION APPLICATION Name: Toh(\ 1-t)fYI. R,l\s Add re s s: ! Ll '3> toll ?\o.\ \' \ e ~c.\ N l-v Home Phone: 43.4 - :) :3 \;;Z Work phone: 5?.;J- '710'71 Commission Preference: Planning & Zoning Park & Recreation Economic Development Charter Commission . Fire Dept. Advisory Commission Equestrian Council~ please state your reasons for requesting to be on the advisory Cable Comm. commission checked above: J) ~ 0. l''-~~ c-n,,-~ "i i:l ^..;.V\.fb\ o ",A d.'-t.".J1.A .9;..a~ :t, -:J:::".fu Q.'l'\ ~ u F h.. R~~"'1"" ~'^U ^~.l'-'-- <t t4'-' l-~ n.-.vl~~1,:/'tJ. :~ .L~o.ll> """"~~<.-t . Describe 1o~r education/experience which qualifies you to serve on this commission: 0l\'lf\O..~ Q4..,lAl^,~~" ~U ~~ 7 .J ~ ~~tr:;~~~=-t~~ 4r) ~ ~.~~ Dated, \'d.'lii'R ~ \>J...~L Sign ture o o CITY of ANDOVER ADVISORY COMMISSION APPLICATION Name: Debi A. Menth Address: 1416 Andover Blvd N.W., Andover, Mn 55304 Home Phone: 434-8898 work Phone: 786-0971 Commission Preference: Planning & zoning Park & Recreation Economic Development Charter Commission Fire Dept. Advisory Commission Cable Comm. Equestrian Council x Please state your reasons for requesting to be on the advisory commission checked above: I am very interested in being involved in the humane treatment of animals. I could be very helpful to new or current residents of andover ~n sett~ng up and ma~nta~n~ng a smail horse operation. Describe your education/experience which qualifies you to serve on this commission: I have also worked part time for large training facilitys. besides running a carpeting company. Describe your professional, civic or community activities which may be relevant to this commission: I have bred, raised, trained, shown, and boarded horses since I was a child.And currently. Dated: Dec.4th 1989 f!2c/- y /J&~' Signature o . CITY of ANDOVER ADVISORY COMMISSION APPLICATION Name: #/IJ~ST UJ /,Rc:IT~!-. Address: jlNd- A;JOOtICA gj.,tlO A/OJ ~ . Home phone: if3J-1- J.fSd-.3 WO rk Phone: AAI/JOVL'lJ.i 111J/ 0t11- 7c';;'S' <5"63(Jlf Commission Preference: Planning & zoning Park & Recreation Economic Development Charter Commission Cable Comm. Fire Dept. Advisory Commission Equestrian council~ please state your reasons for requesting to be on the advisory commission checked above: To ftsSlsT AiJDOI/,c12. III.! f/Jfi./TI,vr; ~F TilE ErN /tV:F O!<./J1I'.Ii1l'1c6:/ AtJD 10 As;.SI5T 'T;-/~ CITY IN DviolZ.c/N'G or Till'; ()I20/IVt1NCC. Describe your education/experience. which qualifies you to serve on this commission: ~lIIsE If SOIIRJ) .h, fl. 'I '!it,S . , ~~G Fol?. q '11<<;. . RESIOEto/T ot p" () 111 JJ:J AI, A,v/)iOa-JI., ; FAIl'm;to/(; [3l1-v/(r,/x.ov,./O Describe your professional, civic or community activities which may be relevant to this commission: of AlA. or flivo Jo1J COcJ,viY J{-II . AftALooSA J.!.OME cLvl3. , /IOILSE ~mhll17c;: (,:) 'ilL>) 1I1;IBIIW ;.IOA-S'" ASS. of Am~j(lcll/.J:NC. -D-ate-d~()EC- Sf /or~9 I ~w~ Signature o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE no~~mh9r 1~, l~S~ ITEM NQ 15. Open Burning, Con in BY: APPROVED FOR AGENDA BY, (} AGENDA SECTION NO. Staff, Committee, ORIGINATING DEPARTMENT Administration The City Council is requested to consider the open burning request that is before the Council. The item started as a request from some property owners in the City that live on 2-1/2 acre lots wanting to burn and believed if they would get a permit with their neighbor or neighbors that they would be allowed to burn. This item was on the November 21st agenda and continued to the December 5th agenda. It was tabled at the December 5th meeting. Enclosed: MPCA Letter, 11/27/89 Bill Hawkin's Letter, 12/1/89 o MOTION BY TO COUNCIL ACTION SECOND BY o Minnesota Pollution Control Agency r~ 520 Lafayette Road, Saint Paul, Minnesota 55155 .~~ Telephone (612) 296-6300 L/l '" MINNESOTA 1990 J3a6 ~t:rc. 1'0 ::!l>yce- IZ// C:,C . {Y./~ ;:-;'" . E -- ;,;;.--~ -o"J,::" .. .. ~,. ': :- .~ V to i'l . \:i-t.;, ,t!_~ '/.--. -l4 1 ;'JCV 2 9 1989 ,Ll '10 November 27,1989 City of Andover 1685 Crosstown Boulevard Andover, Minnesota 55304 North West To Whom It May Concern: CITY OF ANDOVER RE: OPEN BURNING The Minnesota Pollution Control Agency (MPCA) is in the process of updating the open burning files. Our records indicate that Roger Palmer, Fire Chief, and Ritchie Larson, Fire Marshal have been authorized to issue permits in the City of Andover since April, 1984. The MPCA requests the following information: a copy of the letter stating the delegation of authority including the person's name, title, mailing address, telephone number and a copy of the ordinance adopting Minn. Rules parts 7005.0700-.0820 Open Burning Restrictions and Permitting Requirements. Please submit this information in writing by December 26, 1989. If you have any questions, you may contact me at (612) 296-6707. Thank you for your cooperation. Sincerely, a~~~mJ1~ 'cqu<eline M. Deneen -~force~e~t Unit Regulatory Compliance Section Divisio~ of Air Quality JMD/J.mb2....l4 cc: Open Burning File o Regional Offices: Dul.uth. Brainerd. Detroit Lakes. Marshall. Rochester Equal Opportunity Employer Printed on Recycled Paper JIEC- 1-8':;0 FRI L6:24 o o I=- . €12 U.W O~F'IC[S 01' B1IrKe lilt" Jll1wkiH$ JOHN M. IIURKE WIl.I.'''M G. HAWKINS IIUIH:IOI a~a ClJON ""~I~ 1I0Ul.!V""t. COON ",,~I08. MINN[GOTA t11'l4~3 "'ONE (8 I Z) 7....2ll011 December 1, 1989 Mr. James E. Schrantz Andover City Hall 1685 Crosotown Blvd. Andover, MN 55304 Re: Open Burning Dear Jim: '!'he follo;.Ting ,i.s wri.tten in response to questions which have arisen concerning the authority of the City and other agencies to regulate open burning., Open burning whereby the resultlng combustion products are emitted directly into the at.mosphere is regulated by the. Minnesota Pollution Control Agency and generally prohibHed by State regulations. The State regu]al;.ioJl which deals with ,this subject is APe 8. APC does 8utho,dze open burning for ce.t.ta in purposes upon issuance of a permit. 'l'hot;e purposes are set out in the regulation and I will not recite them in this letter. The City also may regulate open burning but the regulations of the City must be consistent Or more stringent than the State regulation. Most cities have enacted an open burning ordinance which merely ndopcs APe 8 by reference. That is what Andover has done under Ordlnance No. 69. Under APC a a numbeI: of individuals are authorized to issue burning permits. The permit issuers include the Minnesota Pollution Control Agency, the Department of Natural Resources Forest Officer for locations within his juriSdiction, a local Department of Natural Resources Firo Warden for locations within his jurisdiction and the City Fire Chief or other person designated by the City for locations within the city. In addition to APC 8, Minnesota Statute SS. 17 requires t:hat permission to set fire to any grass, stubble, peat, brush; rubbish, garbage branches, slashing or other woods for the purpose of cleanup, Clearing and improving land shall be issued l.t E C:- o o t -::""39 .. .'~. Ir:::- .. ...,:. ---' Fo. .'" 3 F F: I 1. E", Mr. James E. Schrantz December 1, 1989 Page 2 by the regular forest officer. In some instances where this request is made in Andover, the permit is issued by the DNR and not the City. It is my understo'l.nding however that the DNR does inform the City when it issues a permit under the aut.hority granted under MS ea.17. In summary, the vast majority of permits for open burning In th/~ City are issued by the City officials. There are only isolated instances where permits would be issued by other agencies, however, authority tor such issuance is granted under APe 8. If you have any further questions, please ieel free to contact me. Sincerely, William G. Hawkins WGH;mk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION December 19, 1989 DATE BY: AGENDA SECTION NQ Staff and Committees ORIGINATING DEPARTMENT Finance Howard Koolick \\Z- Finance Director BY: ITEM 16. Utility Bill/Due NO. Date Discussion RE UE T The Andover City Council is requested to review the timing of payments for City water, sewer and street lighting bills. BACKGROUND This request stems from a number of residents inquiring if the due date of city utility bills could be changed. Currently, bills are mailed quarterly around the fifteenth of the month following the end of the quarter (January, April, July, October). They are currently due by the end of the month. This gives residents between 14 and 16 days to pay depending whether the month has 30 or 31 days and if the fifteenth falls on a weekend or not. Failure to pay by this due date results in a 10 percent penalty being added to the balance. The residents that have discussed this with me feel that receiving a quarterly bill that can run as high as $150 to $200 and having only two weeks to pay is unfair. They find it difficult to budget for this bill since the amounts vary widely between quarters (due to weather) and since a large number of them are new houses, there is little history available for them to anticpate the amount. I reviewed Ordinances #32 (Sanitary Sewer) and #55 (Municipal Water System) and found no mention of the due date being set by ordinance. I proceeded to review the appropriate resolutions and again, found no mention of establishing a due date. Further discussions with the City Clerk and City Treasurer disclosed that several years ago, the payments were due on the 25th of the month. The bills were dated the first of the month, but may have been mailed later than this date. COUNCIL ACTION MOTION BY TO SECOND BY City Council Meeting December 19, 1989 utility Bill Payment Date o FINANCE DIRECTOR RECOMMENDATION Based on the research performed and discussion with residents and staff, it is my recommendation that the due date be changed to three full weeks from the date mailed. The advantages of this date are as follows: 1. It gives most residents the option of paying after the first of the month when funds are usually more plentiful, for those persons paid semi-monthly. 2. It allows City staff additional days to input payments thereby smoothing out the workload of the utility clerk. 3. It allows city staff additional days to deal with those bills returned by the post office. Currently, bills returned by the post office, for what ever reason, are remailed so close to the due date that it is almost impossible for them to avoid the late penalty. CITY COUNCIL OPTIONS 1. Change due date of utility bills to the recommended three weeks after billing or some other timing as City Council sees appropriate. 2. Do not change due date and continue to have utility bills due by the end of the month. 3. Continue this item for further discussion. 4. Request additional information prior to making a decision. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE no,..~mh~p" 1 p. 1PSP ITEM NO. Compensation ACPTF 17. ORIGINATING DEPARTMENT Planningr BY: Jay Blake~City Planner APPROVe,: FOR AGE~ \ -~ BY: .J V AGENDA SECTION NO. Staff, Committee REQUEST The Andover City Council is asked to discuss the compensation for members of the Andover Comprehensive Plan Task Force. BACKGROUND Currently the nine member ACPTF has been meeting for the last two months, beginning the process of updating the Comprehensive Plan. The City has not established a budget for compensating the members of the Committee. Both the Park and Recreation Board and the Planning and Zoning Commission have annual budgets for compensation. Yet, several other committees do not have a budget in place to pay for committee salaries. The major difference is that both the Park and Planning Commissions are established by Ordinance. OPTIONS 1. The Committee shall establish a budget for compensation and submit it to the City Council for approval. 2. Members of the Committee (representing Park and Planning Commissions) should submit time sheets for compensation and the time should be charged to those individual accounts. 3. Members of the Committee are volunteers and should not be compensated. COUNCIL ACTION o MOTION BY TO SECOND BY o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE n~~9m~9r 19, 1909 ORIGINATING DEPARTMENT FOR AGENDA SECTION NO. ITEM NO. Engineering 18.Accept Assessment BY: The City Council is requested to approve the resolution adopting the assessment roll for Project 88-8, Old Colony Estates for improvements of watermain, sanitary sewer, storm drain and street construction; and approve the resolution adopting the assessment roll for Project 88-17, Red Oaks 5th Addition for improvements for watermain, sanitary sewer, storm drain and street construction. The developer of each project has asked that the hearing be waived and has waived his right to appeal the assessment. The assessments for Red Oaks 5th Addition have all been ~aid. COUNCIL ACTION MOTION BY TO SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREET CONSTRUCTION PROJECT NO. 88-8, OLD COLONY ESTATES. WHEREAS, pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the right to appeal, the council has not heard any objections to the proposed assessment for the improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1990 and shall bear interest at a rate of 7.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, 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. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 19 , with Councilmen resolution, and Councilmen voting in favor of the voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o o The Gaughan Companies Gaughan Land Incorporated, P. J. Gaughan, Inc., Gaughan Management, Inc., Gaughan Realty Northtown Business Center 299 Coon Rapids Blvd., Suite 210, Coon Rapids, Minnesota 55433 November 30, 1989 Mr. James Schrantz City of Andover Andover City Hall 1685 NW Crosstown Blvd. Andover, MN 55304 Dear Mr. Schrantz: Gaughan Land, Incorporated, owner of the Old Colony Estates subdivision, waives the right to a public hearing on the proposed special assessments on project 88-8 and waives the right to appeal said assessments provided said assessment for project 88-8 assessed to Old Colony Estates does not exceed $480,007.55. Sincerely, ~:~ COMPANIES ~~'. Hamel President AH/mbu - Land Development, Construction, Property Management - Equal Opportunity Employer (612) 786-6320 FAX # 786-9320 o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREET CONSTRUCTION PROJECT NO. 88-17, RED OAKS MANOR 5TH ADDITION. WHEREAS, pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the right to appeal, the council has not heard any objections to the proposed assessment for the improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1990 and shall bear interest at a rate of 7.76 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, 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. MOTION seconded by Councilman and adopted by the City Council at a Meeting this , 19 , with Councilmen day of resolution, and Councilmen voting in favor of the voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: . James E. Elling - Mayor Victoria Volk - City Clerk o o December 4, 1989 Mr. James Schrantz City of Andover Andover City Hall 1685 NW Crosstown Blvd. Andover, MN 55304 Dear Mr. Schrantz The owner/developer of Red Oaks 5th Addition hereby waives the right to a public hearing on the proposed special assessments on project 88-17 and waives the right to appeal said assessments provided said assessments do not exceed $297,409.00 Sincerely, ~7~ r'Z);?JL- /' Norm ~Im Owner/Developer APPROVED FOR ::ENc~ o DATE D9QQmSar 19, 1989 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. ORIGINATING DEPARTMENT 1\Tnn_n; '~L Engineering ITEM NO. 19.Declare Costs, 89-4. 88-20 BY: 'T~_~~ '" "~l.v~~"_ v The City Council is requested to approve the resolution declaring the cost and directing preparation of assessment roll for Project 88-20, Bent Creek Estates; and Project 89-4, Red Oaks Manor 6th Addition. Attached for information is the breakdowq of the cost. For both of the projects the final costs are less than the feasibility costs. o MOTION BY TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. o MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR, THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREET CONSTRUCTION FOR PROJECT NO. 88-20, BENT CREEK ESTATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $62,793.35, and the expenses incurred or to be incurred in the making of such improvement amount to $19,480.00 and work previously done amount to $16,831.02 so that the total cost of the improvement will be $99,104.37. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $99,104.27. 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1990, and shall bear interest at the rate of 7.76 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 19 with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o ANDOVER, MINNESOTA ASSESSMENT HEARINGS BENT CREEK ESTATES PROJECTS 88-20 COMMISSION NO. 9281 Feasibility Final % Report Cost ChanQe PER LOT ASSESSMENT Lateral Assessments Sanitary Sewer $4,134.00 $3,281.90 Watermain 3,280.00 2,369.94 Storm Sewer 414.00 553.22 Street and Restoration 3.154.00 2.673.09 Subtotal $10,982.00 $8,878.15 (-23.7%) Trunk AsseSsments Sanitary Sewer: Connection $185.00 $193.81 (average) Sanitary Sewer: Area 320.00 307.81 (average) Watermain: Connection 849.00 900.00 (average) Watermain: Area 394.00 375.15 Subtotal $1,748.00 $1,776.77 (+1.7%) TOTAL ASSESSMENT PER LOT $12,730.00 $10,654.92 (-19.5%) TOTAL PROJECT COST Construction Cost $77,100.00 $62,793.35 Expenses 23,130.00 19,480.00 Trunk Source and StoraQe 18.489.75 16.831.02 Total Cost oflmprovement $118,719.75 $99,104.27 (-19.8%) (Thomas McCabe - deferred) 17.256.00 15.124.95 Total Assessment to Bent Creek Estates $101,463.75 $83,979.32 (-20.8%) 0 ASSESSMENT ROLLS 10 Year@ 7.76% Equal Payment CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. o MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREET CONSTRUCTION FOR PROJECT NO. 89-4, RED OAKS MANOR 6TH ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $115,649.06, and the expenses incurred or to be incurred in the making of such improvement amount to $30,341.00 and work previously done amount to $35,133.50 so that the total cost of the improvement will be $181,123.56. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $181,123.56. 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1990, and shall bear interest at the rate of 7.76 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 19 with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o ANDOVER, MINNESOTA ASSESSMENT HEARINGS RED OAKS MANOR 6TH ADDITION PROJECTS 89-4 COMMISSION NO. 9432 Feasibility Final % Report Cost ChanQe PER LOT ASSESSMENT Lateral Assessments Sanitary Sewer $1,696.00 $1,348.82 Watermain 1,692.00 1,484.10 Storm Sewer 798.00 676.02 Street and Restoration 2 432.00 1.525.20 Subtotal $6,618.00 $5,034.14 (-31.5%) Trunk Assessments Sanitary Sewer: Connection $222.00 $221.50 Watermain: Connection $990.00 $990.00 Subtotal $1,212.00 $1,211.50 (same) TOTAL ASSESSMENT PER LOT $7,830.00 $6,245.75 (-25.4%) TOTAL PROJECT COST Construction Cost $147,630.00 $115,649.06 Expenses 44,290.00 30,341.00 Trunk Source and Storaoe 35.148.00 35.133.50 Total Cost of Improvement $227,068.00 $181,123.56 (-25.4%) ASSESSMENT ROLLS ----"------ 10 Year@ 7.76% Equal Payment 0 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE nO~9mQQr 19, 19O9 AGENDA SECTION NO. ORIGINATING DEPARTMENT FOR Engineering ITEM NO. 20. Accept Easements/ BY: BY: The City Council is requested to accept the easements for Uplander Street. When the Council accepts the easements the City Attorney then files the easement at the courthouse. COUNCIL ACTION SECOND BY MOTION BY o TO Form No. 28.M-QUIT CLAIM DEED Individual (5) to Corporation or Partnership Minnesota Uniform Conveyancing Blanks (1978) Miller-Davis Co.. Minneapolis o No delinquent taxes and 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: . 19_ (reserved for recording data) FOR VALUABLE CONSIDERATION, Nayne To. Brichacek. Frp-p-man. single sincrle and Susan M. . Grantor (s), (marital status) hereby convey (s) and quitclaim (s) to the Ci ty of Andover a mllnicipril real property in corporririnn Anokri under the laws of Minnesota 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 belonging thereto. ~-T'-<. 'd, E.2.,:'L4'/!b Way e L. Br~chacek Affix De."d Tax Starn p Here STATE OF MINNESOTA COUNTY OF II A/d m Susan M. Freeman ? ~'-"-<.-/ 7n- ~~, } ss. The foregoing instrument was acknowledged before me this by Wayne L. Brichacek, single and Susan M. 27'1tj day of 10 v07?7..F82 Freeman, slngle .l~, J1C^^,,^Vl/Vv\AV..~.V\AN'o/'v\. ~,~$~.'~h JAMES E. SCHRANTZ I Ir~J.t~:1 NOTARv PUBLIC - MINNEf,OTA '<11>11." ANOKA COUNTY MyCommission Expires JULY 91991 llV'wwwvvwwvwvwvwvvvvvvvvvvvv. Wayne L. Brichacek and Susan 11. Freeman 15944 Uplander Street N.W. Andover, MN 55304 THIs.INSTiuM'ENT'WAS-DRAFTED-BY-(NAM-EAND-A~DDRESS): i i , I I Burke and Hawkins 299 Coon Rapids Blvd. Coon Rapids, MN 55433 o ,-------~_..._--,..- -'"'"'--.-'--"'--- I I _,J A perpetual easement 10 feet in width for drainage and utility purposes over, under and across the following described property: That part of the Southerly 150 feet of the Northerly 1010 feet of the West Half of the Northwest Quarter of the Southwest Quarter of Section 15, Township 32, Range 24, in Anoka County, Minnesota, lying westerly of the easterly 322.99 feet thereof (all distances are as measured parallel with the easterly and northerly lines of said West Half); except road. o The centerline of said perpetual easement being described as follows: Commencing at the Northeast corner of said West Half; thence West a distance of 322.99 feet; thence South a distance of 937 feet; thence West a distance of 33 feet to the point of beginning, thence deflecting left 26 degr!!es 00 minutes a distance of 110 feet and there terminating. NOTIC E Anok a, 19 IS HEREBY GIVEN that the City of Andover, County State of Minnesota, has accepted on , the above described easement in this document. of Da ted: , 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. The Ci ty of Andove r by accepting this easement ag rees to take responsibility for any damage done to the water well owned by the grantors located adjacent to the storm sewer easement granted herein if such damage is caused as a result of the use or maintenance of the storm sewer system by the City. If such storm sewer malfunctions the City of Andover agrees to repair such storm sewer system and any subsequent damage resulting therefrom. o I-:C o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE nQ~9mb9r 19, 1909 AGENDA SECTION NO. ORIGINATING DEPARTMENT FOR Engineering /' ITEM NO. 21.Approve St. Const. Lund's 4th Addn BY: The City Council is requested to approve the improvement of topsoil, seeding and street construction within the street right- of-way for Lund's Evergreen Estates 4th Addition. The City staff has been to the site to inspect the street construction of the developer. At the time of this writing Mr. Lund has not submitted an as-built grading plan for the lots for the development. Staff is working with the City Attorney to obtain the plans from Mr. Lund. It is recommended to approve the street construction. COUNCIL ACTION SECOND BY MOTION BY o TO o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE FINAL GRADING FOR STREET CONSTRUCTION OF LUND'S EVERGREEN ESTATES 4TH ADDITION AS BEING DEVELOPED BY JAMES LUND IN SECTION 9-32-24. WHEREAS, the developer has completed grading, seeding, and street construction within the street right-of-way for Lund's Evergreen Estates 4th Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final grading for street construction of Lund's Evergreen Estates 4th Addition. 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 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE December 19, 1989 ORIGINATING DEPARTMENT Engineering ITEM NO. 22. Approve Engineerin Rates Bonestroo BY: James E. Schrantz The City Council is requested to approve the proposed engineering rates for Bonestroo, Rosene, Anderlik & Associates for the year 1990. Attached is a letter from BRA explaing the increase. The rates are reasonable. I recommend approval. MOTION BY TO COUNCIL ACTION SECOND BY o j f1 j Bones t roo ~ Rosene o Anderlik & . ~ . Associates Engineers & Architects Otto G. Bonestroo, PE. Robert W. Rosene. P.E. Joseph C. AnderJik, PE. Richard E. Turner, P.E. James C. Olson, P.E. Glenn R. Cook, P.E. Thomas E. Noyes. P.E. Robert G. Schunichr. P.E. Marvin L Sorvala. P.E. Kei!h A. Gordon. P.E. Richard \XI. Foster. P.E. Donald C. Burgardt. P.E. Jerry A. Bourdon. P.E. Mark A. Hanson, PE. Ted K. Field. P.E. Michael T. Rautmann. P.E. Robert R. pfefferle. P.E. David 0. loskora. P.E. Thomas W. Peterson, P.E. Michael C. lynch. P,E. James R. Maland. P.E. Kenneth P. Anderson, P.E. Mark R. Rolfs. P.E. Robert C. Russek, A.LA. Thomas E. Angus. P.E. Howard A. Sanford. P.E. Daniel J. Edgerton, P.E. Mark A. Seip, P.E. Philip J. Caswell. PE. Mark D. WalJis. PE. Thomas R. Anderson. A.I.A. Gary F. Rylander. PE. Miles B. Jensen, PE. l. Phillip Gravel III. P.E. Charles A. Erickson Leo M. Pawelsky Harlan M. Olson Susan M. Eberlin. c.P.A. ,ij~":' E i: "~' :, ~!I,' iioo'U"': W. \Jb~WL, ~ G;;;-~~i. CITY OF ANDOVER December 1, 1989 City of Andover 1685 Crosstown Boulevard N.W. Anoka, MN 55303 Attn: Honorable Mayor and City Council Re: 1990 Rate Schedule Andover, Minnesota File No. 171 General Honorable Mayor and City Council: Recently we submitted for approval the proposed 1989 hourly rates for engineering services. It was pointed out by the Council that State levy increases for The City are being limited to 3% this year whereas our rates were being increased to an average just under 5% over the rates charged in 1989. It should be pointed out that our increase in rates is not due entirely to a 5% increase in our personnel wages but primarily due to the large increases in overhead which have been experienced during the past few years. Our professional liability insurance has increased 100%, our commercial insurance is up 33% and the payroll taxes paid by the company are up well over 5%. Other overhead costs such as health insurance, equipment maintenance and property taxes are much higher than in the past and require an increase in our hourly rates. The majority of which do not increase would projects we work on in the City are Municipal State Aid or 429 affect the City's general budget. Based on 1989 billings the 5% add less than $35.00 to the city's general budget. We feel that our proposed rate structure for considering these increased costs and in comparison comparable services by other professional firms. 1990 with is still very rates charged fair for We respectfully request that our 1990 hourly rate structure be approved as submitted. ANDERLIK & ASSOCIATES, INC. ,.- o Ll/76 2335 West Highway 36 . St. Paul, Minnesota 55113 · 612-636-4600 o n -. 1\]1 Bonestroo Rosene Anderlik & Associates Otto G. Bonestroo. P.E. Robert W. Rosene. P.E. Joseph C. Anderlik. PE. Bradford A. Lemberg. PE. Richard E. Turner, P:E. James C. Olson, PE. Glenn R. Cook. P.E. Thomas E. Noyes. P.E. Robert G. Schunichr. P.E. MaN;n L. Sorvala, P.E. Keith A. Gordon, P.E. Richard W. Foster, P.E. Donald C. Burgardt. P.E. Jerry A. Bourdon. P.E. Mark A. Hanson, PE. Ted K. Field, P.E. Michael r. Rautmann. P.E. Robert R. Pfefferle, P.E. David 0. Loskota. P.E. Thomas W. Peterson, P.E. Michael C. lynch. P.E. James R. Maland, P.E. Kenneth P. Anderson, P.E. Keith A. Bachmann, P.E. Mark R. Rolfs, P.E. Robert C. Russek. A.IA Thomas E. Angus. P.E. Howard A. Sanford. P.E. Daniel J. Edgerton. P:E. Mark A. Seip. P.E. Philip J. Caswell, P,E. Mark D. Wallis. P.E. . Thomas R. Anderson, A.I.A. Gary F. Rylander. P.E. Charles A. Erickson Leo M. PaweJSky Harlan M. Olson Susan M. Eberlin, CPA. Engineers & Architects R~il- CITY OF ANDOVER October 26, 1989 Honorable Mayor and City City of Andover 1685 Crosstown Blvd. Anoka, MN 55303 Council Attn: Mr. James Schrantz Re: 1990 Rate Honorable Mayor and Council: Transmitted herewith are revised hourly Engineering Rates which are to be effective January I, 1990. We have limited the increase in our rates to less than 5.0 percent. We have appreciated our relationship with the City of Andover and we are all looking forward to serving you in 1990. If you have further questions on the enclosed rate schedule, please call. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. ~ Otto G. Bonestroo OGB:mb Encl. o 2335 West Highway 36 · St. Paul, Minnesota 55113 · 612-636-4600 o o 1990 SCHEDULE B CLASSIFICATION HOURLY RATE Principal Engineer $57.75 Registered Engineer/Architect $52.50 $42.50 $39.00 Graduate Engineer/Architect/Field Supervisor Senior Draftsperson Senior Technician $35.50 Technician $26.25 Word Processor $26.50 $19.25 Clerical The above rates will be multiplied by 1.3 for review of private developers plans and inspection of priyate work to cover professional liability insurance costs and legal expense. Reimbursable Expenses - At Cost Reproduction, Printing, Duplicating Out-of-Pocket Expenses such as stakes, field supplies, telephone calls, etc. Mileage Andover o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 19, 1989 AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Admin. APPR, ",~~E"D "OR AGEN.,, BY:iY' f ITEM NO. BY: V. Vo1k \~)JJ Proc1amationjChemical- 23 . Free Week The city Council is requested to approve the attached Proclamation designating the week of January 8-12, 1990 as "Andover Fight Back Against Drugs Week". v:Attach. MOTION BY TO COUNCIL ACTION SECOND BY Jlnoka-!JCermepin !Independent School g)ist'Lict Jlo. 11 SCHOOL BOARD Larry Ragland, Chairman Susan Anderson, Vice Chairman Jon Stonecash, Clerk Denis Kelly, Treasurer Michael Sullivan, Director John Peterson, Director Dr. Lewis Finch, Superintendent EDUCATIONAL SERVICE CENTER 11299 Hanson Boulevard N.W. . Coon Rapids, Minnesota 55433 612/422-5500 November 30, 1989 ~ CC, (0 - , /2)J1/g'Q The Honorable JIm Elling Mayor of Andover 1685 Crosstown Boulevard NW Anoka, M N 55303 Dear Mayor Elling: The week of January 8-12, 1990, has been designated "Chemical-Free Week" in the Anoka-Hennepin Schools. Activities emphasizing our ongoing commitment to a drug/alcohol-free society are planned in every school building. We invite the city of Andover to join with the District and area businesses to focus attention on this very important issue. For your reference, I have enclosed a copy of a proclamation adopted by the Coon Rapids City Council and materials outlining activities to be conducted in the School District. If you need additional information or have some suggestions for us, please contact Judy Sutter, Student Services Coordinator (422-5386). Sincerely, ~~~ LewisrW: Finch Superintendent LWF/NBI-KLZ Enclosure o "Every Student Will Learn" o WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMATION' the presence of drugs and narcotics in our society has resulted in innumerable problems of human, community, social and economic dimensions; and the consequences of drug and alcohol-related problems are witnessed in the loss of human lives, the loss of economic productivity, the diversion of public resources to address these problems on all fronts and are threats to the health of our people; and the dissolution of the family, an inadequate education system, poverty, unemployment and greed all contribute to illegal drug use; and illegal drugs constitute a problem in our community and lead to a host of problems such as homicides, robberies, burglaries and other crimes, and domestic violence; and hundreds of America's dedicated public servants have died and thousands of others risk their lives daily to fight our cities' individual battles against illegal drugs and the criminal activities stemming from illegal drugs. NOW, THEREFORE, BE IT RESOLVED that the City of Andover declares January 8-12, 1990 as QANDOVER FIGHT BACK AGAINST DRUGS WEEK Q . Proclaimed this 19th day of December 1989. Attest: CITY OF ANDOVER James E. Elling - Mayor Victoria Volk - City Clerk o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE n9~9mbar 19, 1909 AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering J('5~ ITEM NQ 24. Accept County Ro d BY: The City Council is requested to approve the following resolutions: 1. accepting Nightingale Street between County state Aid Highway No. 20 and County Road No. 18 from County to City, 2. accepting Crosstown Drive between County Road 116 and 139th Avenue NW from County to City, and 3. revoking newly constructed Crosstown Boulevard between County Road 116 and 139th Avenue NW from City to County. The County of Anoka Highway Committee has recommended approval which will be forwarded to the County Board on December 19, 1989 for formal action. COUNCIL ACTION SECOND BY MOTION BY o TO COUNTY OF ANOKA Department of Highways Paul K. Ruud, Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 December 11, 1989 City of Andover 1685 Crosstown Boulevard NW Andover, MN. 55304 Attention: Todd Haus Revocation of parts of Nightingale Street (CR 109) and Crosstown Boulevard (CR 18) and Resolution Accepting Verdin Street Regarding: Dear Todd: Please find enclosed draft Resolutions for the above referenced items. These Resolutions were approved at the Anoka County Highway Committee this morning and will be forwarded to the Board on December 19, 1989, for formal action. Final copies of the Resolution from the Boards will be made available to you after minutes are received from the meeting of December 19, 1989. If you have any questions, please feel free to contact me at your convenience. Sihcer ly, I Jon G. Olson, P_E Assistant County Engineer - Construction L. dmhj ANDOVER o Affirmative Action I Equal Opportunity Employer o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ACCEPTING NIGHTINGALE STREET NW BETWEEN COUNTY ROAD 18 AND COUNTY STATE AID HIGHWAY 20 IN SECTIONS 15 AND 22, TOWNSHIP 32, RANGE 24. WHEREAS, the agreement indicates the City of Andover will take over as a local roadway, that portion of Nightingale Streeet NW, previously known as County Road Number 109, between County Road Number 18 and County State Aid Highway Number 20. NOW, THEREFORE, BE IT RESOLVED by the City Council that the roadway known as Nightingale Street NW, formerly known as County Road Number 109, between County Road Number 18 and County State Aid Highway Number 20, be in ownership of the City of Andover. BE IT FURTHER RESOLVED that the City of Andover accepts the right-of-way and responsibility of maintenance and repair of said Nightingale Street NW from the County of Anoka. Passed 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 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ACCEPTING CROSSTOWN DRIVE BETWEEN COUNTY ROAD 116 AND 139TH AVENUE NW IN SECTION 33-32-24. WHEREAS, the agreement indicates the City of Andover will take over as a local roadway, that portion of Crosstown Drive, previously known as County Road 18, between County Road 116 and 139th Avenue NW. NOW, THEREFORE, BE IT RESOLVED by the City Council that the roadway known as Crosstown Drive, formerly known as County Road 18, between County Road 116 and 139th Avenue NW be in ownership of the City of Andover. BE IT FURTHER RESOLVED that the City of Andover accepts the right-of-way and responsibility of maintenance and repair of said Crosstown Drive from the County of Anoka. Passed 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 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. A RESOLUTION REVOKING CROSSTOWN BOULEVARD BETWEEN COUNTY ROAD 116 AND 139TH AVENUE NW IN SECTION 33-32-24. WHEREAS, the agreement indicates the County of Anoka will take over County Road 18 between County Road 116 and 139th Avenue NW. NOW, THEREFORE, BE IT RESOLVED by the City Council that the roadway known as Crosstown Boulevard between County Road 116 and 139th Avenue NW be in ownership of the County of Anoka. BE IT FURTHER RESOLVED that the County of Anoka accepts the right-of-way and responsibility of maintenance and repair of said Crosstown Boulevard from the City of Andover. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE December 19. 1989 ORIGINATING DEPARTMENT Non-Discussion Ite Engineering ITEM NO. 25. Final payment/ 87-10 BY: James E. Schrantz The City Council is requested to approve the resolution accepting the work and directing final payment to Orr Construction Co. for Project 87-10, Pumphouse #3. The work has been completed. Attached is TKDA's recommendation letter. The final payment amount is $10,521.55. Contract amount $145,391.00. Final contract $149,004.00. MOTION BY , TO COUNCIL ACTION SECOND BY T 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 ORR CONSTRUCTION CO. FOR PROJECT NO. 87-10 FOR THE IMPROVEMENT OF PUMPHOUSE 3. WHEREAS, pursuant to a written contract signed with the City of Andover on April 19, 1988, Orr Construction Co. of Eden Prairie, MN 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 MOTION seconded by Councilman Clerk and Mayor are hereby final payment on such in full. and adopted by the day City Council at a 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 OTKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS December 12,1989 2500 AMERICAN NATIONAL BANK aUILOINO SAINT PAUL. MINNESOTA 55101 6121292-4400 FAX 612/292-0083 Mr. James Scmantz City Engineer 1685 Crosstown Blvd. NW Andover, Minnesota 55304 ~~~~~i19~ tV CITY OF ANDOVER Re: Well Pumphouse No.3 Project 87-10 Andover, Minnesota Commission No. 8929-011 Dear Mr. Scmantz: To the best of our knowledge, based on periodic visits to the site, the referenced project has been constructed in accordance with the contract documents. We therefore reconullencl fInal payment to the contractor. Sincerely, OJ;(!~ David L. Moore, P.E. DLMfmha cc: John Davidson o