HomeMy WebLinkAboutCC January 7, 1986
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'CITY of ANDOVER
REGULAR CITY COUNCIL MEETING - JANUARY 7, 1986
AGENDA
1. Call to Order - 7:30 P.M.
2. Resident Forum
3. Agenda Approval
4. Organizational Items
a. Appointment of Acting Mayor
b. Designation of Official Newspaper
c. Selection of Official Depositories
d. Approval of Official Bonds
e. special/Standing Committees
f. Appointment of Commission Members
g. Appointment of Commission Chairpersons
5. Discussion Items
a. Round Barn
b. Street Lights
c. Hearing Examiner/Nuisance Ordinance
d. Roof Pitch Change
*e. Chuck Cook Sketch plan
f.
6. Non-Discussion Items
a. Junkyard Licenses
b. Contract Approvals
c. Final Payment/projects 85-14 & 85-15
d. Award Contract/Telemetering/IP 85--10
e. Change Order/Pumphouse '2/IP85-9
f. Meeting Date/Park Board & Andover Athletic Assn.
g. Meeting Date/P&Z & Park Board Interviews
* h. Kennel License/Nehrt
7. Carlson Assessment Appeal (9:00 PM)
8. Reports of Commissions, Committees
a.
9. Approval of Minutes
0 10. Approval of Claims
11. Adjournment
*Not on published agenda
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CITY of ANDOVER
MEMORANDUM
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
Mayor and City Council
City Clerk
December 31, 1985
What I s Happening::
January 9th - Special City Council Meeting re: staff organization.
I hope to have an organizational chart prepared;
however, I will be out of town for most of this week.
All of the ,materials for this neeting will be given
out on the 7th.
January 16th - Meeting at Bunker Hills Activity Center re: Crooked
Lake Cleanup. A copy of the letter to the residents
on the lake is in your agenda packet.
JES: vv
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CITY OF ANDOVER
REQUEST FOR COUNCil ACTION
DATE
1-7-86 Reg. Meeting
ORlCINA TINe DEPARTMENT
fOR
NOA SECTION
NO.
, 4 Organizational Items
Clerk
BY:' Marcie Peach
NO. 4a, b, c, d, e
4a. APPOINTMENT OF ACTING Mayor - Councilman Orttel has acted in this
capacity since 1979. The nominations are made by motion, with a vote
taken after each.
4b. DESIGNATION OF OFFICIAL NEWSPAPER - The Anoka Union and Shooper have
been designated as the legal newspaper for the City of Andover in past
years.
4c. SELECTION OF OFFICIAL DEPOSITORIES - In previous years, the First
National Bank of Anoka has been designated as the primary depository,
with others to be used upon approval by the Mayor and Clerk. It is
suggested this policy remain. It allows us to use anothe~depository
for investments without call ing a special meeting should exceptional
rates become available somewhere else.
4d. APPROVAL OF OFFICIAL BONDS - A motion is needed to approve the
following bonds:
- $25,000 each
- $35,000
Clerk/Treasurer (2)
Employee Blanket
lEffective 1-1-86 through 12-31-86)
4e. SPECIAL/STANDING COMMITTEES - Last year appointments were made to
the following standing and special committees: Community Service,
Hazardous Waste, Road, Personnel, Capital Improvements and Finance
(merged into one committee). The Mayor makes the appointments to
these committees with approval by theCounci 1.
COUNCIL ACTION
MOTION BY
TO:
SECOND BY
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NDA SECTION
NO. Organizational Items
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE January 7, 1986
DEPARTMENT
APPROVl:D fOR
AC(N[)A:
ITEM
NO.
porn
o COIl1lll1.ss~on
Members and
Chairpersons
BY:
BY:. . .
V~ck~ Volk
4f & 4g
According to Ordinance No. 11, which established the Planning and
zoning Commission, the tenns of,. the rrembers are to be as follows:
Three one-year tenns
'IWo two-year tenns
'IWo. three-year tenns
In . checking the City Council minutes I detenmned that the expiration
dates of the rrembers of the Commission are as follows:
d I Arcy Bosell 12/31/85 3 year term.' /2/3/ / 'j3'.'t
Maynard Ape1 12/31/86 2 year tenn /'jJ/ /?$ ,2/"
Don Jacobson 12/31/85 1 year tenn. 11..1'31/'3'1
Bev Jovanovich 12/31/85 1 year term. l?.h,1,81
Glen Rogers 12/31/85 3 year tenn IZ!3J/;;.'?'
Steve Ward 12/31/87 1 year tenn. '?.I-~IJ 8-7
Don Spotts 12/31/87 2 year term 1'7..(31/517
Mr. Ward and Mr. Spotts have both resigned the Canmission and have
not as yet been replaced.
The appoint:rrent of a Chairperson for the Planning commission and the
Park commission is made by the Mayor and approved by the Council.
COUNCIL ACTION
SECOND BY
MOTION BY
TO:
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OF ANDOVER
REQUEST FOR COUNCIL ACTION
NOA SECTION
NO. Discussion
ITEM
NO,
Round Barn
5a
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DATE
January 7, 1986
APPROVl:O fOR
AC'" A ~
ORlCINA TINe DEPARTMENT
BY: Vicki Vo1k
I recently spoke to Cathy Ado1fson regarding the Round
Barn operation on Bunker Lake Boulevard. She was
concerned because no one has informed her as to what
they should do to make their business compliant with our
ordinances.
It was the opinion of Bill Hawkins that they should
obtain a Special Use Permit rather than have the property
rezoned.
If this is the concensus of the Council, Mrs. Ado1fson
should be informed so that she can proceed with obtaining
the permit.
COUNCI L ACTION
MOTION BY
TO:
SECOND BY
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
Pursuant to the direction of the city Council atit:s.meeting
of December 3, 1985, George Beck was .contacted with regard
to performing the function of. Hearing Examiner as required
by Ordinan.ce 72, "Nuisance Ordinance".
Enclosed please" find a letter received in response to our
inquiry for your information. The Council now needs to
decide which direction it wants to take in this regard;
i.e., hire Mr. Beck independently, or go through his office.
Advise.
JES:d'A
Enclosures
SECOND BY
.MOTION BY
TO:
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, GEORGE A. BECK
ATTORNEY AT LAW
1298 YUKON COURT
MINNEAPOLIS. MINNESOTA 55427
(612) 593-0549
December 13, 1985
James E. Schrantz
City of Andover
1685 Crosstown Boulevard, N.W.
Andover, Minnesota 55304
Dear Mr. Schrantz:
Thank you for your letter of December 10, 1985. I would be interested in
serving as Hearing Examiner for the City of Andover. I would be able to
conduct hearings evenings or on Saturday. Additionally, I can conduct
hearings during the work week by using vacation time from my regular
employer. My rate for billable services would be $55.00 per hour. Billable
services would include the following:
(1) hearing time
(2) travel to and from the hearing from my residence in Golden
Valley
(3) preparation of written Findings, including legal research, if
any
(4)
(5)
preparation of a Notice of Hearing
preparation for hearing, if any.
I believe I would be able to meet the requirements of your ordinance,
which provides that the hearing must be conducted within 10 days after the
Hearing Examiner receives Notice of the Request for a Hearing, unless
otherwise agreed. (Section 6, No.2). I am assuming that your abatement
hearings would be fairly infrequent, as is the case in Coon Rapids.
You should also be aware that you have the option of contracting with the
Minnesota Office of Administrative Hearings, where I am regularly employed,
for Hearing Examiner services. The Office bills at the rate of $68.00 per
hour. If you contracted with the Office, you would be assured of few
scheduling problems since the Office employs nine full-time and ten part-time
Hearing Officers.
Enclosed please find a copy of a recent case I decided for Coon Rapids, as
well as a resume. Please call me at 341-7601 if you have any questions.
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CITY-OF COON RAPIDS
In the Matter of Gerald W.
and Margo S. Whaley.
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND ORDER
The above-entitled matter came on for hearing before Hearing Examiner
George A. Beck on Monday, September 16, 1985 at 9: 00 A. M. in the Cay Counc 11
Chambers at Coon Rapids City Hall, 1313 Coon Rapids Boulevard in the City of
Coon Rapids, Minnesota.
Cheryl Bennett, Code Enforcement Manager, City of Coon Rapids, 1313 Coon
Rapids Boulevard, Coon Rapids, Minne-sota 55433, appeared on behalf of the City
of Coon Rapids. Gerald W. Whaley, 11741 Bittersweet Street, Coon Rapids,
Minnesota 55433, appeared on his own behalf.
This Order is issued pursuant to Chapter 8-1100 of the City Code of the
City of Coon Rapids which governs the procedure for removal of public
nuisances. Any person aggrieved by the decision in this Order may appeal that
decision to the City Council by filing notice of such appeal with the Office
of the Director of Planning of the City of Coon Rapids. The parties will be
advised by the City of Coon Rapids of the deadline for making such an appeal.
The City Council may review this decision and may affirm, repeal or modify the
decision.
STATEMENT OF ISSUE
The issue to be determined in this proceeding is whether Gerald W. Whaley
has maintained junk vehicles on his residential property in violation of Coon
Rapids City Code. 9 11-1831.
Based upon all the proceedings herein. the Hearing Examiner makes the
following:
FINDINGS OF FACT
1. Gerald W. Whaley resides at and owns the residence located at 11741
Bittersweet Street in the City of Coon Rapids. On July 3, 1985, the City of
Coon Rapids received a complaint by telephone about two automobiles located on
Mr. Whaley's residential premises. Cheryl Bennett, Code Enforcement Officer,
inspected the premises at 11741 Bittersweet Street, in response to the
telephone call. On July 8, 1985 the City personally served a letter upon
Margo S. Whaley which advised the Wha1eys that two vehicles located on their
premises violated City Code 9 11-1831 and directed them to bring the premises
into compliance with the city ordinance. The letter also advised the Whaleys
of their right to appeal the notice to a Hearing Examiner within 20 days.
(Ex. 1).
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2. Mr. Whaley filed a written request dated July 29, 1985 for a hearing
on this matter before a Hearing Examiner.
3. Two motor vehicles are located on Mr, Whaley's residential lot. One
is a red Volkswagon van which is parked on the lawn in front of the Whaley
residence. The other vehicle is a silver-blue Chrysler 300 sedan which is
parked on the driveway of the Whaley residence. (Ex. 4).
4. The body of the Chrysler automobile is discolored in spots and shows
some rust. The sticker on the license plate of the Chrysler shows that it was
last registered in July of 1981. (Ex. 5). One of the windshield wipers on
the Chrysler is crumpled and not usable. (Ex. 6). Both tires on the right
side of the Chrysler vehicle are flat. (Ex. 7).
5. The Volkswagon van has a faded exterior and is rusting in spots. (Ex.
10). The license plate on the van indicates that it was last registered in
1980. (Ex. 9). The left rear wheel on the van and both wheels on the right
side of the van are deflated. (Ex. 9; Ex. 10; Ex. 14). The left side or
driver's side of the windshield has been shattered. (Ex. 13). A portion of
the driver's window has also been shattered. (Ex. 8). Inside the van the
seat cover is missing in the front seat and portions of-the instrument panel
are missing and some wires are unconnected. (Ex. 12; Ex. 13). Long grass has
grown up around the left side and the rear of the van. (Ex. 9).
6. The City currently employs 4 field officers who inspect residential
lots within the City. The field officers both respond to complaints from the
public and initiate inspections on their own. Approximately one-half of the
enforcement actions initiated by the City are generated from complaints from
the public and approximately half are unrelated to public complaints. Since
the City initiated its nuisance abatement program in July of 1985, it has
inspected approximately 120 of the 10,000 parcels of land within the City.
This effort has included three enforcement actions in Mr. Whaley's
neighborhood.
Based upon the foregoing Findings of Fact, the Hearing Examiner makes the
following:
CONCLUSIONS OF LAW
1. That the City of. Coon Rapids and the' H~aring Examiner have
jurisdiction in this matter pursuant to Coon Rapids City Code 99 8-1101
through 8-1108.
2. That the City has given proper notice of the hearing in this matter
and fulfilled the procedural requirements of Chapter 8-1100.
3. That City Code 9 11-1831 provides that the parking or storage of junk
vehicles on residential p~operty is prohibited.
4. City Code 9 11-1830 defines a junk vehicle as any motor vehicle which
is not in an operable condition.
5. That the Chrysler automobile and Volkswagon van kept by Mr. Whaley at
his residence are not in an operable condition and are therefore in violation
of City Code 9 11-1831.
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6. That the above Conclusions are arrived at for the reasons set out in
the Memorandum which follows and which is incorporated into these Conclusions.
Based upon the foregoing Conclusions of Law, the Hearing Examiner makes
the following:
ORDER
IT IS HEREBY ORDERED the order and notice of violation issued by the City
on July 8, 1985 is affirmed in its entirety.
Dated: September 2.3 , 1985.
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GEORGE A. BECK
Hearing Examiner
Reported: Tape Recorded.
MEMORANDUM
The Coon Rapids City Code prohibits the parking or storage of motor
vehicles which are not in an operable condition on residential property. The
homeowner did not attempt to show that he came within any of the exceptions in
the ordinance, but has asserted two other defenses to this matter. He argues
first that the City has not shown that the two vehicles in question are
inoperable. He contends that inoperable means that there is something
"drastically mechanically wrong" with a motor vehicle. He states that
problems with small items such as tires or windshield wipers do not suffice to
demonstrate that a vehicle is inoperable. He also argues that the Code
Enforcement Officer is not qualified to judge whether a vehicle is
mechanically inoperable.
The dictionary definition of "operable" is "capable of being used or
operated". "Operate" is defined as "to function effectively; work". The
American Heritage Dictionary, 1980 New College Edition. It is concluded that
the City has proved sufficient.facts to show that the two vehicles in question
are not in a condition in which they are capable of being used or can function
effectively. The flat tires prevent.either vehicle from being used. Neither
vehicle has current license plates. The broken windshield wiper would present
a hazardous condition for the Chrysler as would the shattered windshield in
the van. Both conditions would be traffic code violations. Likewise, the
absence of dashboard instruments and unconnected wiring in the van would
likely prevent effective functioning. It appears that neither vehicle has
been moved in some time. A fair construction of the ordinance in question is
that the vehicle must be in an immediately operable condition. If the
ordinance is to be construed to permit the storage of vehicles which are
operable after some unspecified repair, then the ordinance would have little
meaning and would prohibit very little.
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Mr. Whaley also questioned whether or not he was the subject of
discriminatory or selective enforcement of the junk vehicle ordinance or the
public nuisance ordinance. In connection with this defense, Mr. Whaley
requested that the City release the identity of the telephone complainant in
this matter and argued that the complainant may have been a neighbor with a
"ax to grind" against Mr. Whaley. The City resisted revealing the identity of
the complainant on the grounds that the information was privileged and could
not. be revealed under the Data Practi~es Act. Although the Data Practices Act
does prevent disclosure of investigative data (Minn. Stat. 9 13.39) it also
provides that the classification of data shall change if required to do so to
comply with administrative rules pertaining to the conduct of legal actions.
(Minn. Stat. 9 13.03; subd. 4). Other privileges apart from the Data
Practices Act do exist which govern disclosure of information of this sort.
Minn. Stat. 9 595.02(5) provides that a public officer shall not be allowed to
disclose communications made to him in official confidence when the public
interest would suffer by the disclosure. There is also an independent
informant's privilege recognized in the case law which protects the identity
of persons providing information to government agencies. Brennan v.
EnG I nee red Products. Inc. ,. 506 F. 2d 299 (8th Ci r. 1974); Usery v. Ritter, 547
F.2d 528 (10th Cir. 1977).
It is appropriate however to apply a balancing test to each of these
privileges which balances the public interest in protecting the flow of
information to government against an individual's right to prepare his
defense. State v. Wiley, 205 N.W.2d 667, 676 (Minn. 1973); Hughes v. Dakota
County, 278 N.W.2d 44 (Minn. 1978). Mr. Whaley's motion for disclosure of the
identity of the informant was denied at the hearing because Mr. Whaley was
unable to demonstrate that this information would aid in his defense against
the allegations. It does not appear that the informant would be a material
witness in this case. Whatever motive the complainant had for calling the
City is not relevant to whether or not the situation at Mr. Whaley's residence
violates the City Code.
Neither was Mr. Whaley able to demonstrate selective enforcement on the
part of the City. One seeking to prove selective enforcement or a denial of
equal protection must show clear and intentional discrimination by evidence
showing a discriminatory design to favor one individual or class over
another. DraganoskY v. Minnesota Board of Psychology, 367 N.W.2d 521, 526
(Minn. 1985), f.n. 4. In this case it appears that the City is pursuing a
systematic approach to inspection of parcels of land in the city which.
includes response to complaints as well as independent inspections. Although
Mr. Whaley believed that other instances of similar vehicles existed in his
neighborhood, the City testified that other instances of enforcement were
occurring in his neighborhood. The City has only initiated an organized
program in July of 1985 and the fact that they have only inspected 120 parcels
to date does not establish a discriminatory design. An enforcement program
necessarily has to begin someplace.
G.A.B.
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RESUME
GEORGE A. BECK
Home Address
Office Address
1298 Yukon Court
Golden Valley, MN 55427
(612) 593-0549
400 Summit Bank Building
310 Fourth Avenue South
Minneapol is, MN 55415
(612) 341-7601
Professional Experience
ADMINISTRATIVE LAW JUDGE
Minnesota Office of Administrative Hearings (Address above)
1976 to Present (Promoted to Supervisor in 1977)
Responsible for the conduct of complex trial-type hearings and rulemaking
hearings and preparation of Findings of Fact, Conclusions and Recommendation or
Order in areas such as human rights, occupational safety and health, occupational
I icense revocations (physicians, nurses, securities brokers, real estate and
insurance agents, etc.), cable communications, nursing home regulation, personnel
and other areas.
Experience and training in the mediation of disputes
Responsible for supervision of three full-time and eight part-time Administrative
Law Judges including assignment of cases and review of written reports.
Supervisor: Duane R. Harves, Chief Administrative Law Judge
HEARING EXAMINER
Minnesota Department of Commerce
500 Metro Square Building
Saint Paul, Minnesota 55101
1973-1976
Responsible for conducting trial-type hearings for the Securities, Banking,
Insurance and Consumer Service Divisions of the Department of Commerce in
areas such as bank and savings and loan charter applications, as well as license
revocations of securities, real estate, collection and insurance agents. Prepared
Findings of Fact for agency head.
Authored contested case procedural rules. Left position when Office of
Administrative Hearings was created in 1976.
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ATTORNEY
Lommen, Nelson, Cole & Stageberg, P.A.
1100 Twin City Federal Tower
Minneapolis, Minnesota 55402
1970-1973 (firm name was Coulter, Nelson & Sullivan)
_ The firm specialized in insurance defense law. Responsible for a civil trial load in
municipal and district court and also practiced in the areas of estate and probate,
real estate, divorce, and corporate law.
Served as Referee in Hennepin County Conciliation Court and as an arbitrator.
_ Joined this firm upon graduation from law school. Left this position to work in
more diverse subject matter area.
Professional Activities
Executive Council, Administrative Law Section, Minnesota State Bar Association,
1981 to Present. (Served as Chair 1983-84).
Member, Hennepin County and Minnesota State Bar Associations.
Board of Advisors, Public Law Research Center, Hamline University School of
Law, 1981 to Present.
Member, Administrative Procedure Act Task Force, organized by the
Governmental Operations Committees of the Minnesota House of Representatives
and Senate, 1979. (Recommended legislation submitted to the Legislature in 1979
and 1980).
Member, Administrative Law Section Legislation Committee, 1983-84.
(Recommended legislation submitted to 1984 Legislature).
Member, Citizens League, 1981 to Present.
Publ ications
Author, "Administrative Contested Case Practice in Minnesota", 37 Bench and Bar
39, (Sept. 1980).
Author, "State Agency Rulemaking in Minnesota: A Review and Some
Suggestions", Administrative Law News, (March, 1983).
Author, "State Agency Rulemaking in Minnesota: Expediting the Process and
Reducing the Cost", 4 Hamline J: Pub. L. 27 (1983) and
1 Minnesota ReQulation News 10 (Feb. 1984).
Author, "State Agency Policymaking: Mere Interpretation or Illegal
Rulemaking?", 54 Hennepin Lawyer 10 (July - Aug. 1985).
Co-Author, forthcoming treatise on Minnesota Admiilistrative Procedure, to be
publ ished by Butterworth Legal Publishers in 1986.
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Teaching
Clinical Supervisor, Administrative Law Clinic, William Mitchell College of Law,
1978 to Present.
Lecturer in administrative law at all three Minnesota law schools.
Adjunct Faculty, Hamline University School of Law, Administrative Practice and
Procedure course, 1982-83.
Lecturer at Continuing Legal Education courses sponsored by Minnesota
Continuing Legal Education, Advanced Legal Education, Office of the Attorney
General, and the Minnesota Department of Economic Security, 1980 to Present.
Special Achievements
Admitted to the Minnesota Bar, October, 1970.
Admitted to practice before United States District Court,
November, 1971.
Appointed to Career Executive Service of the State of Minnesota,
August, 1980.
Education
University of Minnesota Law School, Juris Doctor degree, June, 1970, Dean's List,
Legal Aid Clinic.
University of Chicago, Bachelor of Arts degree, June 1967, partial tuition
scholarship, president of fraternity, organized tutoring project.
LeSueur High School, LeSueur, Minnesota, graduated June, 1963, National Honor
Society, Editor of newspaper, Eagle Scout.
Graduate and Discussion Leader, National Judicial College, Reno, Nevada,
Administrative Law Judge courses in 1982 and 1983.
Completed a variety of Continuing Legal Education courses in areas such as
Evidence, Occupational Licensing, Discrimination, OSHA, and Administrative Law
generally.
Personal Data
Age: 40
Born: S1. Peter, Minnesota
Height: 5'8"
- Weight: 150 Ibs.
Health: Excellent
Marital Status: Married
Residence: Homeowner in Minneapolis area
Hobbies: Jogging, cross-country skiing, photography
References and written opinions are available upon request
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (612) 755-5100
10 December 1985
George A. Beck
400 Summit Bank Building
310 South 4th Avenue
Minneapolis, MN 55415
The City Council of the City of Andover at one of its recent
meetings adopted an ordinance allowing for abatement proceed-
ings to be invoked for nuisances that occur within the City.
As a part of that Ordinance, the City needs to appoint a
Hearing Examiner.
We have been advised by the City of Coon Rapids that you perform
that function for them. The City Council has expressed its
interest in having you perform that function for us under a
contract basis.
Would you advise us as to whether you would be available to
perform the function of Hearing Examiner for us; the rate of
pay for your services; when you are available to perform such
function, and how much notice your need.
Enclosed please find a copy of our Ordinance #72 for your
information. If you have any questions, do not hesitate to
contact me.
rr~e~e1Y ~
~:es E. Schrantz
JES:d'A
Enclosure
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OF
REQUEST FOR COUNCIL ACTION
ITEM
ND^ SECTION
NO. Discussion
ORlClN^ TINe OEP^,nMJ:N: ()
Engineering "". oiP
Scllrantz/-
NO.
Chuck Cook Sketch Plan
5e
Zoning - R-1
Soils
O",TC
Block 3, Lots 1, 8, 9,& 11; Block 4; Block 5, Lots 1 and 2
LNA - Lino Loamy Fine Sand
Conmunity developrrent group 4 - 2 to 5' to water tabie
Woodded Lots - north and east
SbB - Sartell fine sand development
Group 1 - usually 6' or rrore to water table
Northeast part of plat
Rf -rifle mucky peat
Streets
Zilla Street at north end needs terrpora:ry turnaround.
147th Lane should be extended 100 feet to Xeon StYeet (WinslOW I s road)
Urban street section would be adequate
Blocks
Block 3 exceeds 1320 feet per Section 9.05
From the back of Block 2 to the r/w of Xeon Street (wins1cw's road) is
only 70'. 'Ihis will not allow for lots in that strip. We haven I t
1coked at Winslow Ho1asek' s property to see if Xeon Street is in the
proper place to develop his property in the future. .
COUNCI L ACTION
MOTION BY
TO:
SECOND BY
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Chuck Cook Sketch Plan
~ Page 2
No driveway acCess will be allcwed onto Hanson Boulevard. . The lots adja<::ent
to Hanson Boulevard will have to have the frontage designated off the city
streets .
IDts
IDt 4, Block 2 doesn't have 300' of frontage at the setback line.
Wetland
There aren't any wetlands that have been designated.
Flood Hazard
There isn't any flood hazard shown
Stenn drainage
The developer's engineer will have to review the storm drainage.
Xeon Street grade is very close to the water level.
Xeon Street probably is built on peat.
(Xeon Street is an unirrproved street - it lS a. driveway that we pION, grade,
maintain street signs and dead end sign.).
Traffic
125 ADT per day 147th Lane and 148th Lane.
Assessrrents
Assessrrents for Hanson Boulevard are pending.
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CITY
REQUEST FOR COUNCIL ACTION
DATE 1:7- 86 Agenda
ORlCINA TIN(; DEPARTMENT
6 Non-Discussiun Items
Clerk
NO. 6a- Junkyard License .Renewa 1 s BY:
Marcie Peach
The following businesses have made appl ication for 1986 Junkyard License
Renewals. The City has also received proof of insurance and bond
coverage. David Almgren will be inspecting the yards for compliance
with the Ordinance and will have a report by Tuesday's meeting.
* Andover Auto Parts, 13526 Jay Street NW
* Anoka Auto Wrecking, 1775 Bunker Lake Boulevard NW
* Bob's Auto Parts, 1950 Bunker Lake Boulevard NW
* Commercial Auto Parts, 13576 Jay Street NW
* Tonson Corporation (For Minnesota Tire Recycling), 2050~ Bunker Lake
Boulevard NW
* Mom's Autu Salvage, 2052 Bunker Lake Boulevard NW
The fo 11 owi ng have paid the app 1 icati on fee but have not yet submitted
proof of insurance or bond as of today (1-3-86):
* K & K Salvage, 2050 Bunker Lake Boulevard NW (bond expires 2-1-86)
* Wi 1ber Auto Parts, 13608 Jay Street NW
The following has not made application or paid the application fee. The
City has no proof of insurance. A notice of insurance 'cancellation was
received un 11-25-85.
* Rite Away Auto Salvage, 1856 Bunker Lake Boulevard NW
COUNCIL ACTION
MOTION BY
TO:
SECOND BY
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DAn 1-3-86
NOA SECTION
NO. NO' " .
6. on- lSCUSSlon
ORlcrNA TING DEPARTMENT
Clerk
NO. 6b. Contract Approval
BY:' Marcie Peach
Nothi ng has been rece i ved to d ate from the Sheriff's Department or
Wh ite Bear An ima 1 Contro 1 for contracts for 1986.
The Council has approved the contract with George M . Hansen Company for
the 1985 audit; however the amount approved was reduced by $700 for
the special audits required. Mr. Murphy has written explaining the
cost breakdown. Does the Council wish to make any change in the original
motion?
COUNCIL ACTION
SECOND BY
MOTION BY
TO:
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CITY OF ANDOVER
BY
REQUEST FOR COUNCIL ACTION
DATE 7 January
. zOning Administrator
APPROVl:O FOR
ACCNDA:
Morn's Auto l?arts
t..b
Prior to the renewal of the 1icelJ.se.ofthe above-named business,
the matter of continuous non.-comp1iance with the Ordinances
should be discussed.
Without fail on a monthly basis this business operation insists
on parking on the street-side of their fence vehicles in various
and sundry state of repair.
A complaint was received in this regard in' October of 1985, a
letter was sent, and for approximately 20-30 days the owner did
not park vehicles on the street-side of the fence. Since our
first snowfall, there have been the same 6-8 vehicles outside
the fence and, of course, another complaint has 'been received.
The City could spend nUmerous do~lars and hours policing this
situation, however, I don't feel that would be the best use
of the City's money and person-power.
Therefore, it would be my recommendation that the license be
contingent upon the continuous compliance with the City
ordinance which states:
Ordinance 44, Sec. 4,4.4 "No junk shall be placed or
piled within 40 feet of the traveled portion of any
public street, walkway, or curb, or allow to be blown
off the business premises."
Ordinance 44, Sec. 5, 5.1 "Where junk is kept outdoors,
the area shall be enclosed by a solid vertical wall or
fence ...." (emphasis added).
The other option would be to go in and clean' up the streeb..side
of the fence and assess the costs back to the property owner.
SECOND BY
o
o
..
,',
if
,
...
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
NOA SECTION
NO. Non-Discussion
ITEM
NO.
ORlCINA TlNC DEPARl'MENT
Engineering
Final Payment/85-14 & 15
6c BY" James E. Schrantz
The City Council is requested to approve the resolution
approving the final payment to Forest Lake Contracting
for Projects 85-14 and 85-15, Lund's Round Lake Estates
and Dehn's Addition.
Attached is BRA's recommendation to accept work letter.
JES :vv
Attachments: BRA Letter
Resolution
<to'
COUNCI L ACTION
SECOND BY
MOTION BY
TO:
". ;.
7, 1986
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST
LAKE CONTRACTING, INC. FOR PROJECTS NO. 85-14 and 85-15 FOR THE
IMPROVEMENT OF STREET CONSTRUCTION IN THE FOLLOWING AREA: LUND'S
ROUND LAKE ESTATES AND DEHN'S FRONTAGE ROAD.
WHEREAS, pursuant to a written contract signed with the
City of Andover on September 26, 1985, Forest Lake Contracting, Inc.
of Forest Lake, l1innesota has satisfactorily completed the following
improvement of street construction, IP 85-14 and 85-15, 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 Clerk and Mayor are
hereby directed to issue a proper order for the final payment on
such contract, taking the contractor's receipt in full.'
MOTION seconded by Councilman
and adopted by
the City Council at a
Meeting this
d.ay
of
, 19
. with Councilmen
voting in favor of the
resolution, and Councilmen
voting aSjainst,
whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Jerry windsch~tl ~ Mayoi
Marcella Peach - City Clerk
'"
JB~, R~,~~ & ~~,j~.
I_ . _ . _ e,.".,lti""i. r;~OI
.2335 'W. '7......;. A~ 36
S" P...J. .M~ 55113
p",-. 61.2 - 636-4600
December 27, 1985
City of Andover
1685 Crosstown Boulevard N.W.
Andover, MN 55303
Attn: James E. Schrantz
City Engineer
Re: Lunds Round Lake Estates
Dehn's 2nd Addition
Projects ~14 & 85-15
Our File No. 17121
Dear Jim:
Orw G, HOnf'Jlroo. f'.E.
Hohl'fI W. ROfe/fe, P.t:.
ltHI'I'" C Amlt'rlilc. P.E.
HrudJilrtl A. I.f'mherg. P.E.
Richur(J E Turner, P.t:.
Junw\ C. Dllorl, P.E.
Glenn R. Cook, P.I::.
Keith A. Gonlml. P.E.
Thomas E. Noyes. P.E.
Richard W. Fosler, P.E.
RO/N!rl G. Schunidt/. P,E.
Mon';n L SOr'l'ola. P. E.
Donald C. BllrRurdt, P. E.
Jf!rr,Y A. Bourdon, P,t:.
Murk A. lfun50n. P.t:.
Tl'lI A', ril'ld, P.t:.
MirhUf'1 T. ROfU",unn. P,t:.
Robert R. Pfefferll!', P;E.
Dovid 0. I.O$kOla. P.t:.
Charles A. E,ickson
/.t'O .\1. Powel.fky
Horfon ,\.1. OlsrJn
Enclosed please find two (2) signed copies of the 2nd & final request for pay-
ment for Lunds Round Lake Estates and Dehn's 2nd Addition. The project under-
ran the revised contract amount by $7,283.04 or 6.0%. The principle reason
for the underrun is minor variations in plan quantities as compared to actual
constructed quantities.
This work has been satisfactorily completed and we recommend the City Council
accept. the project, subject to the warranty provisions, and make final payment
in the amount -of $20,762.32 to Forest Lake Contracting.
If you have any questions, please contact this office.
Yours very truly,
~7{l!!~K
~arlan M. Olson
HMO: ew
& ASSOCIATES, INC.
".
o
2615d
.;'-\.
~
..
4C:tATE: November 18, 1985
PLACE: Andover, Minnesota
PROJECT: Lunds Round Lake Estates, Dehn's 2nd Addn.
PROJECT NO.: ~14 & 85-15 FILE NO.: 17121
REQUEST FOR PAYMENT
FOR PERIOD:
From: Oct. 25, 1985 To Nov. 15, 1985
SPECIFIED CONTRACT
COMPLETION DATE:
August 15, 1986
CONTRACTOR: Forest Lake Contracting, Inc.
ADDRESS:
14777 Lake Drive
Forest Lake, Mn. 55025
REQUEST FOR PAYMENT NO.:
2nd & Final
SUMMARY:
1. Original Contract Amount
2. Change Order - ADDITION
3. Change Order - DEDUCTION
4. Revised Contract Amount
5. Value Completed to Date
6. Material on Hand
$
121,480.50
$
$
7. Amount Earned
8.. Less Retainage 0 %
9. Sub-Total
10. Less Amount Paid Previously
11. AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: 2nd & Final
$ 121,480.50
$ 114,197.46
$ 0.00
$ 114,197.46
$ 0.00
$ 114,197.46
$ 93,435.14
$ 20.762.32
Recommended for Approval by:
BONESTROO, ROSENE, ANDERLIK &
ASSOC TES, INC.
By:
OWNER APPROVAL:
By
By
date:
Approved ::, FO~~~~'
1075d
e
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
SECTION
Non-Discussion
ORlGIN^ TINe DEPARTMENT
Award Contract/Te1e-
metering/IP 85-10
BY: .
vicki Vo1k
DATE January 7, 1986
APPROVED fOR
ACENDA:
BY:
Bids were opened at 10.: 00 a.m. ,Friday, January
3, 1986 for the te1emetering and control for
the pumphouses and water tower.
The following bids were received:
Collins Electrical Const.
Hoffman Electric
Ridgeda1e Electric
Dynamic Systems
Gopher Electric
$24,20.5.00
26,699.00
29,400.00
35,494.00
52,635.00.
John Davidson is checking the bids and we will
have his recommendation on Tuesday night (1-7-86).
The engineer's estimate was $28,400..00.
COUNCI L ACTION
MOTION BY
TO:
SECOND BY
~
o
o
I HM Award Contract/85-10
NO. 6d
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
OA TE January 7, 1986
QRlCINATtNC OEPARTMENT
EIl.gmeermg
James Schrantz
Attached are the letter from TKDA recorrm:mding Collins Electrical
Construction and.a resolution accepting bids and awarding the
contract to Collins Electrical.
JES:v
MOTION BY
TO:
COUNCIL ACTION
SECOND BY
~
o
o
...
CITY OFANOOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO.
.IDl'ION by Councilman
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT
NO. 85-lel, FOR TELEMETRY MONITORING AND CONTROL SYSTEM FOR THE ELEVATED STORAGE
TANK AND WELL PUMPS #1 AND #2.
WHEREAS, pursuant to advertisement for bids, bids were received, opened,
and tabulated according to law for Project No. 85-10, with results as follows:
Collins Electrical Construction
Hoffman E1ectiic
Ridgedale Electric, Inc.
Dynamic Systems
Gopher Electric
$24,205.00
26,699.00
29,400.00
35,494.00
52,635.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover to hereby accept the above bids, as shown to indicate Collins Electrical
Construction as being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and Clerk to enter
into a Contract with Collins Electrical Construction in the amount of $24,205.00
for construction of Improvement Project No. 85-10 for telemetry ITDnitoring and
control system for the elevated storage tank and well pllITps #1 and #2; 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 insurance and bond requirements
rret.
MYrION seconded by Councilman
and adopted by the City Council
at a
Meeting this
day of
,19_,
with Councilrren
voting in. favor of the resolution, and Councilmen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATIEST:
Jerry Winds chi t1 - Mayor
Marcella Peach - City Clerk
or
OTKDA
ENGINEERS ARCHITECTS PLANNERS
lOLT2. KING'. DUVALL. ANDERSON
ANO' ASSOCIAl E S. INCORPOAA T EO
2500 AMERICAN-NATI-ONAL BANK-BUILDING
SAI_~':rPAUL. MINNESOTA 55101
6-121292-4400
January 3, 1985
Honorable Mayor and City Council
Andover, Minnesota
Re: Telemeterlng and Control
City Project 1985-10
Andover, Minnesota
Commission No. 8462-03
Dear Mayor and Council:
Bids were received, publicly opened and read aloud at 10 AM, Friday,
January 3, 1986 with the following bid results:
QQD!r~!Q[__________________________~_~_____________hmQ~D!_Qf_61Q
CoI I Ins ElectrIcal Construction
Hoffman Electric
Rldgedale Electric, Inc.
Dynamic Systems
Gopher Electric
$24,205.00
$26,699.00
$29,400.00
$35,494.00
$52,635.00
Engl neer' s EstI mate
$28,400.00
It Is recommended that a contract be awarded to the 10<< bidder, Collins
Electrical Construction, In the amount of their low bid, $24,205.00.
SI ncerel y yours,
,,-----.,
/ ./
(/;/~~~
/
John L. Davidson, P. E.
JLD:J
cc: J 1m Schrantz, CI ty. Eogl neer
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MOTION BY
TO:
,
REQUEST FOR COUNCIL ACTION
DATE January 7, 1986
NDA SECTION
NO. Non-Discussion
. Engineering
ITEM Change Order/Pumphouse 2
NO. 6e 'BY:' James E. Schrantz
The City Council is requested to consider a request by
Woodland Development to have the roof line changed to
better match the roof lines of their proposed housing units.
We checked out the consts with the contractor and chose
to present the cost to the Council by a change order.
The cost is $2,312.
The change order can be handled in one of three ways.
1. The costs can be included in the pumphouse costs,
thereby becoming part of the trunk, source and storage
cost of the water system.
2. Ask the developer to participate in the cost.
3. Deny the change order.
In the spirit of the City and the developer working together
to have a first class development, the first option of in-
cluding the cost in the overall trunk, source and storage
costs in reasonable.
JES:vv
Attachments:
TKDA Letter
Change Order #1
COUNCIL ACTION
SECOND BY
o
o
, .
a:t&lGLOBDEE
TOL TZ, KING, DUVALL, ANDERS~
AND ASSOCI ATES, INCORPORATED
Eng I neers-Arch Itects-PI anners
St. Paul, Minn. _Qe~L19___198':L, Comm. No. 843.0=12- Change Order No. __L__
To _____Pr~ysser_QQDsjry~tlQDL_lD~L______~____________~_____~_~_____________
for ____~el1_P~mpbQys~_~QL_2L_Cl!~-P[Qje~t-82=9-------~---_~____________~___
for __,___~mIQl€gr L_MIDDgSQ!iL____________~_______~_________'____________________
You are hereby directed to make the foll~Ing change to your contract dated
J.une_lll~__...,n--:_'---~ 19 B2_. The change and the work affected thereby is
subject to all contract stlpul ations and covena nts. Th I s Change Order w f II
( Increase.) (00.., ..~~ (....,J ,;.hu.1ge.) th,~ contract sum by ___I~Q...,IbQjJsgD~-------
_Threg_tfjJD.dt~~LI~gly~_gD.d_=_=_=_=_=_=_=DQLIOO:...___Dol I ar s ($_2...3.12...0Q_________).
ThIs change order provides for an Increase of cost due to roof slope and design
modifications of Drawing No.4, "Architectural Plan and Details", for the lump
sum pr I ce of $2,312.00.
Amount of Original Contract
Addl tl ons approved to date (Nos. _____________________'_n1
Deductions approved to date (Nos.________________'_______l
Contract amount to date
Mlount of this Change Order (Add) (f)edt:lct-) (t~ot et.':'I,,,,.:.a)
Rev Ised Contract Amount
$___2~...~21...QQ____
$--------Q...QQ----
$----~---Q...QQ----
$___9~...~21...QQ____
$___'__Z...3.12...QQ____
$___9Q...I3.3....QQ____
TOLTZ, KING, DUVAlL, ANDERSON
AND ASSOCI ATES, INCORPORATED
Approved__Cllr_Of_~~DQ~f~_~~_______
<Mner
By___________________~_____________~_
Date
P. E.
Approved__PBfUSSfELCQ~SIBucrlQ~L_18C...
Contractor
By____________________~___...,---...,------
Date
.. .
OrKDA
ENGINEERS ARCHITECTS
TOLTZ-. KING. DUVALL. ANDERSON
AND ASSOCIA TES. INCORPORATED
2500 AMERICAN NATIQNALBANK BUILDING
SAlN1 PAUl. MINNESOTA 55101,
612/292-4-400
December 20, 1985
Jim Schrantz, Administrator
1685 Crosstown Boulevard NW
Andover, MI nnesota 55304
Re: Pumphouse No. 2
Ci ty Project No. 85-9
Andover, Minnesota
Commission No. 8430
Dear Mr. Schrantz:
We subm It herew Ith Change Order No. 1 for I ncreased cost to effect steeper
pitch I n the roof of Pumph ouse No.2.
this request Is In response to the developer's request to Increase from a
4:12 to 6:12 pitch In the roof design.
The Change Order reflects changes In wall height, longer trusses and
addl tl onal fac! a materl al s. We will al so I ncrease the size of the roof
access to the well.
Attached is the written request by the developer for said changes. Pinended
plans have been prepared subject to Council approval. A plan was needed to
determine cost dIfferences for contractor review.
We hereby request formal approval of the changes by City Council action on
January 7, 1986.
S I ncerel y yours,
~"g~
John L. Davidson, P.E.
Enclosures
cc: Woodland Development
o
o
o
CITY OF AN.DOVER
REQUEST FOR COUNCIL ACTION
NDA SECTION
NO. Non-Discussion
I HM Kennel License/Nehrt'
NO. 6h
BY: Vicki. Volk
DATE January 7, 1986
BY:
The City COuncil is requested to approve the kennel license
for Roy and Cleo Nehrt at 16236 Verdin Street N. W. for the
year 1986.
The $25.00 renewal fee has been paid and they have obtained
current licenses for 16 dogs.
w
C:OUNCI L ACTION
MOTION BY
TO:
SECOND BY
CITY OF ANDOVER
o
REQUEST FOR COUNCIL ACTION
DAn January 7, 1986
of Minutes
BY:' V.Volk
NO.
9
The following Council minutes should be approved:
October 30, 1985 - Special meeting
November 5, 1985 - Regular meeting
November 19, 1985 - Regular meeting
December 3, 1985 - Regular Meeting
December 9, 1985 - Special Meeting
December 17, 1985 - Regular Meeting
All Councilmen were present at the above meetings.
o
MOTION BY
TO:
COUNCIL ACTION
SECOND BY
o
o
.c
NOR.TH CENTRAL.
PUBll'CSERVICE CO.
OIVIS10NOF DONOVAN COMPANIES, INC.
ST. PAUL. MINNESOTA 55116
1080 MONTREAL AVENUE
December 30, 1985
The Honorable Jerry Windschitl
M.:>yor of Andover
and City Council
1685 Crosstown Boulevard N.W.
Anoka, Minnesota 55303
Dear Mayor Windschitl and Council Members:
Beginning with bills issued on or after December 27, 1985,
North Central Public Service Co. will be decreasing the natural
gas rates in your area. This decrease is necessary to of-fset
the decrease in the wholesale cost of gas we have received from
Northern Natural Gas Company, our supplier in your service
area.
Northern's decrease results from decreases in the cost of
transportation of gas. As a result, North Central will be
decreasing all Firm rates for natural gas by 2.005tper hundred
cubic feet (HCF). This represents an approximate decrease of
$22.32 annually to the average residential spaceheating
customer, or expressed as a percentage of decrease, about
(3.66)%.
If you have any questions concerning these adjustments, we will
be happy to discuss' them with you.
Very truly yours,
NORTH CENTRAL PUBLIC SERVICE CO.
Division of Donovan Companies, Inc.
.'.' 4. _ /'( '--r - . )
~",~'V--'I>..1.j..-1J' ..~. c. U('---"....~'-'tf
Timothy D. Evanson
Rates [, Tariffs
TDE/sra
'M2'
'\~
C 0 U N TV
OF ANOKA
Office of the County Board of Commissioners
COURTHOUSE ANOKA. MINNESOTA 55303 612-421-4760
MEETING CANCELLATION
THE MEETING SCHEDULED FOR
THE ANOKA COUNTY TRANSIT ADVISORY COMMITTEE
FOR JANUARY 14, 1986
HAS BEEN CANCELLED
THE NEXT MEETING OF
THE ANOKA COUNTY TRANSIT ADVISORY COMMITTEE
WILL BE HELD ON
TUESDAY, FEBRU.ARY 11, 1986
AT
3:30 P.M.
IN THE
SKYWAY CONFERENCE ROOM
ANOKA COUNTY COUR THOUSE
ANOKA, MINNESOTA
o
.$[1"1
Affirmative Action / Equal Opportunity Employer