HomeMy WebLinkAboutCC April 3, 2007
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
Regular City Council Meeting - Tuesday, April 3, 2007
Call to Order-7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (3/20/07 Regular Meeting)
Consent Items
2. Approve Payment of Claims - Finance
3. Award Bid/07-2/2007 Overlays - Engineering
4. Approve Change Order #2/02-33/ Andover Station North - Engineering
5. Approve Resolution/MSA Revocating & Designating MSA Streets - Engineering
6. Consider No Parking Resolution! Andover Station North Ball Field Facility/I 39th Lane NW/05-15 -
Engineering
7. Approve Extension of Liquor LicenseIPov's Sports Bar Annual Concert - Clerk
8. Approve Concessions ProposaVSunshine Park - Administration
9. Approve Zoning Code Enforcement Policies - Community Development
10. Approve Resolution of Support/Passenger Rail Service - Administration
11. Approve 2008 Budget Guidelines - Administration
12. Approve Fire Relief Association Board Member Appointment - Administration
Discussion Items
13. Award Bid/07-8/Andover Station North Ball Field Lighting - Engineering
14. Consider Conditional Use PermitIFann Winery/3482 1 65th Lane NW - Planning
15. Consider Preliminary Plat/Smith Addition!I 7919 Tulip Street NW - Planning
16. Consider City Code AmendmentIDeleting Code Section 12-14-6A.5 (continued) - Planning
17 . Discuss/Approve Naming Trail Segment - Administration
Staff Items
18. Railroad Quiet Zone/W ayside Horns Discussion!06-10 - Engineering
19. Schedule EDA Meeting - Administration
20. Administrator's Report - Administration
~ayor/CouncilInput
Adjournment
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and City Council \ ~ ".
Jim Dickinson, City Administrator .~
Vicki Volk, City Clerk Q
CC:
FROM:
SUBJECT:
Approval of Minutes
DATE:
April 3, 2007
INTRODUCTION
The following minutes were provided by TimeSaver Secretarial Service for approval by
the City Council:
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March 20, 2007
Regular Meeting (Jacobson absent)
DISCUSSION
Attached is a copy of the minutes for your review.
ACTION REOUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
Ll.:.-L. uva
Vicki V olk
City Clerk
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Regular Andover City Council Meeting
Minutes - March 20, 2007
Page 9
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 20,2007
TABLE OF CONTENTS
PLEDGE OF ALLEGIENCE..................................................................................................... 1
RESIDENT FORUM ................................................................................................................. 1
APPROVAL OF MIN1JTES...................................................................................................... 1
CONSENT ITEMS
Approve Pa)'IIlent of Claims .............................................................~..................................2
Approve Change Order #1/05-15/Andover Station North Ball Field Improvements
(RES034-07) ................................. ... ........... .............................;.................. .................... 2
Resolution R035-07 ordering Plans & Specs/05-61 (Crosstown Boulevard NW &
Nightingale Street NW) & 06-50 (Crosstown Boulevard NW Trail) ....:........................ 2
Resolution R036-07 ordering Plans & Specs/06-22 (Crooked Lake Boat Landing), 07-9
(Terrace Park) & 07-18 (160th Lane NE Cul-DE-Sac).................................................... 2
Approve Water Emergency & Conservation Plan/05-54..................................................... 2
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Received. ..... ..... ................................,.... ........... ...... ......:. ....................................... ................ 2
CONSIDER CONDITIONAL USE PERMITIDRY CLEANER/13783 IBIS STREET NW
Motion to approve (RES. R037-07)......................................................................................2
CONSIDER2008-2010 URBAN COUNTY REQUALIFICATION/PARTICIPATION IN
HUD PROGRAMS
Motion to approve (RES. R038-07)...................................................................... ................4
CONSIDER APPOINTMENTS/COON CREEK WATERSHED DISTRICT VACANCIES. 5
COMPREHENSIVE PLAN UPDATE PROGRESS REPORT ................................................5
SUBDIVISION CODE UPDATE PROGRESS REPORT ........................................................ 7
SCHEDULE WORKSHOPS ..................................................................................................... 7
ADMINlSTRA TOR REPORT ..................................................................................................7
MA YOR/COUNCILINPUT
Applications in Council Packets ........................................................................................... 8
North Suburban Home Show ................................................................................................ 8
ADJOURNMENT......................................................................................................................8
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REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 20,2007
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, March 20,2007,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present:
Councilmember absent:
Also present:
Mike Knight, Ken Orttel, Julie Trude
Don Jacobson
City Attorney, William Hawkins
City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
There were no changes.
Motion by Trude, Seconded by Knight, to approve the Agenda as presented. Motion carried
unanimously.
APPROVAL OF MINUTES
February 27, 2007, Workshop Meeting: Correct as amended.
Councilmember Trude indicated on page 6, line 42, the sentence should read "She thought they
should beikl bring this up." On page 7, line 41, at the end of the first sentence she asked they add
"...the water and could unpaved road shoulders helD with drainage."
Motion by Trude, Seconded by Ortte!, approval of the Minutes as amended. Motion carried
unanimously.
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Minutes - March 20, 2007
Page 2
March 6, 2007, Regular Meeting: Correct as amended.
Councilmember Trude stated on page 2, line 6, commuter rail should be passenger rail.
Motion by Trude, Seconded by Knight, approval of the Minutes as amended. Motion carried
unanimously.
CONSENT ITEMS
Item 2
Item 3
Item 4
Item 5
Item 6
Approval of Claims
Approve Change Order #1/05-15/Andover Station North Ball Field Improvements
(see Resolution R034-07)
Order Plans & Specs/05-61 (Crosstown Boulevard NW & Nightingale Street NW) &
06-50 (Crosstown Boulevard NW Trail) (See Resolution R035-07)
Order Plans & Specs/06-22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-
18 (I 60th Lane NE Cul-De-Sac) (See Resolution R036-07)
Approve Water Emergency & Conservation Plan/05-54
Motion by Trude, Seconded by Ortte!, approval of the Consent Agenda as read. Motion carried
unanimously.
RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement
activities occurring within An~over.
Mayor Gamache stated they received an email from a resident expressing concern about people
speeding along Veterans Memorial Boulevard. He reminded the residents to be aware of their speed
while driving because there are children and residents in the area.
Councilmember Trude stated this is a good time for people to slow down and watch for kids because
in the coming weeks, they will be off school and riding bikes again.
Captain Jenkins reminded the residents to make sure their children do not go out on the ponds and
lakes because the ice is not safe.
CONSIDER CONDITIONAL USE PERMITIDRY CLEANER/13783 IBIS STREET NW
Community Development Director Neumeister explained the applicant wants to operate a dry-
cleaning facility in the Northpointe Plaza retail building, located in Andover Station North.
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Regular Andover City Council Meeting
Minutes - March 20, 2007
Page 3
Councilmember Trude wondered if Mr. Maddio will be bringing in new equipment or moving
equipment from another site. Mr. John Maddio, All for Him, Inc. dba Cleaners One, explained they
will be moving equipment from their current site. There are currently two dry cleaning machines that
are both fourth generation machines, completely closed looped machines. They have all the
environmental controls that are available in the marketplace today.
Councilmember Trude asked what their method is to contain contaminants. Mr. Maddio stated they
reclaim as much of the solvent as is physically possible and they continue using that as long as they
can. When they get to the end process, there is something called the still which takes all of the dirt
and grime that have been taken out of the garments that have been cleaned along with a small trace
of the solvent in the stills which are usually cleaned out once per day. Waste from the stills are put
in 55-gallon steel drums and sealed and they are hauled off site periodically and treated as hazardous
waste.
Councilmember Trude stated the permit asks for allowances for cleaning to come in from so many
places off site and she asked that they have this limited to places the applicant owns. She asked if
this is his intention. Mr. Maddio indicated that is his intention at this time.
Councilmember Trude assumed the applicant met all of the current codes with the State Department
and the equipment meets all of the requirements also. Mr. Maddio indicated that is correct.
Councilmember Trude asked to add a few items to the conditions. She asked the City Attorney if the
Conditional Use Permit as discussed, goes with the site and they have not identified the site. She
stated there is an address and she did not want to see multiple dry cleaning operations and thought it
would be appropriate to limit this to one retail slot. She wondered how they would do that. City
Attorney Hawkins asked if they had a drawing or map indicating the location that they could attach.
Mr. Rudnicki, building owner, showed the Council a plan indicating an approximate site of3,000
square feet. He stated it will either be from the end cap to the east or directly adjacent to the Dance
Studio.
Councilmember Orttel stated they could make it subject to whatever address the Building
Department assigns to it. Councilmember Trude asked if they could make the Conditional Use
individual to the owner and avoid that. City Attorney Hawkins stated it runs with the property.
Mr. Rudnicki stated a way they might be able to address the situation is the 4,000 square foot wing of
the building is a separate condominium from the dance studio and a separate condominium from the
southern 2400 square feet. They could limit this to Unit 200. He thought that would address the
concerns.
Councilmember Trude stated in the heading of the resolution, it would read "For the Operation ofan
On Site Dry Cleaning Business on Property Described at CIC Plat Number 258, North Pointe Plaza
Condominium, Unit 200." She thought that would go into the introduction of the Resolution.
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Regular Andover City Council Meeting
Minutes - March 20, 2007
Page 4
Councilmember Trude asked if the individual terminated his business there and if a new individual
started business there, could they have them come in to talk to the City Council to make sure their
equipment is up to standards. She wondered if they could add a condition that the permit would
expire upon sale or termination of the lease by the applicant and then they would be back to square
one with another individual. City Attorney Hawkins indicated the sunset clause is if they do not use
the building. He stated once they open and they sell the business, the City does not have the right to
revoke the CUP unless they violate one of the terms of the CUP. It nms with the property. He stated
if they are making it personal to this applicant, that would not be something they could do but if they
made it <(onditioned on the operation and make sure the operation continues in a certain manner, they
would have the right to bring it back and revoke it if there was something in there that was not
complied with. To require the individual to come back on the sale and get approval again, he did not
believe they have that authority.
Councilmember Trude stated they could also limit condition two to be limited to five business
operators but she wondered if that would be a condition going beyond their abilities. City Attorney
Hawkins stated whoever was operating this site, if they went beyond five or more, then it would
violate this term and the Council would have the right to revoke it.
Councilmember Orttel asked what if they closed one of their drop sites and want to take from
another cleaning drop off spots. City Attorney Hawkins stated they have limited this to four.
Councilmember Orttel stated they have limited it to none if they do not allow taking from other drop
off sites not owned by this applicant.
Mayor Gamache asked if they could limit it up to four, did it matter whether it is from their shops or
others.
Councilmember Trude stated she would like condition one to conform in all ways with Andover City
Code and all other regulating agencies.
Motion by Trude, Seconded byOrttel, to approve the Conditional Use Permit with the amendments
to the Resolution as discussed. Motion carried unanimously. (RES. R037-07)
CONSIDER 2008-2010 URBAN COUNTY REQUALIFICATIONIPARTlCIPATION IN HUD
PROGRAMS
City Administrator Dickinson stated every three years Anoka County must complete an Urban
Requalification process in order to continue receiving and administering HUD funds for the CDBG
(Community Development Block Grant) and HOME (HOME Investment Partnership) programs.
Part of that process includes communicating with participating communities of their option to be
excluded from the Anoka County "Urban County" qualification.
Motion by Knight, Seconded by Orttel, to approve the attached resolution to participate in the Anoka
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Regular Andover City Council Meeting
Minutes - March 20, 2007
Page 5
County CDBG and HOME programs.
Councilmember Orttel asked if this is something new because he has not seen this before. Mr.
Dickinson stated it has been around but he thought it had been missed in the past by the County.
Councilmember Trude wondered if their own Housing Redevelopment Authority would be a
separate authorization. Mr. Dickinson stated this would not be; it is just for the CDBG and Home
Programs. These are the only two programs that opting in will qualify them to participate in.
Councilmemher Trude asked if the money will go to the County based on the population within the
County. Mr. Dickinson stated that is correct.
Motion carried unanimously. (RES. R038-07)
CONSIDER APPOINTMENTS/COON CREEK WATERSHED DISTRICT VACANCIES
City Engineer David Berkowitz stated this item is in regard to recommending to the Anoka County
Board of Commissioners an individual or individuals to serve as a manager on the Coon Creek
Watershed District. He stated at this time, the current board members have indicated they would like
to be reappointed.
Motion by Trude, Seconded by Knight, to submit a letter to the Anoka County Board of
Commissioners recommending Tim Weiss to be appointed to the Coon Creek Watershed District.
Motion carried unanimously.
COMPREHENSIVE PLAN UPDATE PROGRESS REPORT
Community Development Director Neumeister updated the Council on the Comprehensive Plan
Update progress.
Mr. Neumeister stated they are using 2.4 units per acre in Andover outside of the Rural Reserve area
They are not proposing to change the MUSA at this time to bring in any part of the Rural Reserve
area.
Councilmember Trude thought staffwas on the right track and she liked the overview idea because it
gets right to the point.
Councilmember Orttel stated previously the Planning Commission would work through the Compo
Plan Amendment and hold the public hearing and get input from the public and then it would come
to the City Council for review and then it would go to the Met Council. Mr. Neumeister stated this is
the path they will be taking but staff is doing the prep work.
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Regular Andover City Council Meeting
Minutes - March 20, 2007
Page 6
Councilmember Orttel stated the thing that bothers him is there are so many changes in here that it
takes them out of where they have been so none of them will know what the Compo Plan is anymore
and it is not easy to change that. He stated from the information, they are going to make the sketch
plan a formal process and charge fees for filing it and that becomes a new procedure. He stated it is
not easy to change it if it is in the Compo Plan so they have to be careful about what they change.
The Compo Plan has to match what the Ordinances say. Mr. Neumeister indicated that is correct.
Mr. Neumeister reviewed what they need to update for the Compo Plan Amendment. The Met
Council wants to see what the City is using to grow the City by for the official documents. It is kind
of adopted by reference. To some extent, they will have to bring these through the process. He
stated by June, they would like to start bringing this forward to a public hearing format to the
Planning Commission. He stated staff would like direction over the next few months from the City
Council.
Councilmember Trude thought one of the concerns Councilmember Orttel is bringing up is the
community input into the plan of vision but at this point, if the Rural Reserve is excluded they do not
have a lot of space left to plan. If that is treated separately and isolated, their zoning map fits the
Comprehensive Plan and they do not have big areas to make designations on. Mr. Neumeister
indicated they are pretty much repackaging the same plan as three years ago with the format the Met
Council wants because not much has changed.
Councilmember Knight asked if staff could foresee any contention with the Met Council on any of
the issues. Mr. Neumeister reviewed the issues they may have with the Met Council.
Mr. Neumeister indicated they may have the Met Council requiring them to have a larger density
than what they are proposing now. Councilmember Trude thought if they could get the Met Council
to agree on that the City will serve the population growth but they are doing it by taking care of
families and Blaine and Ramsey are taking care of entry level housing because they are along the
freeways and highways and have the bus lines and Andover has the automobiles.
Councilmember Knight stated the issue they have is that the sewer capacity is so limited and they
cannot redo the sewer at this point. Councilmember Trude thought this was an argument the
engineers should be able to win because it is just based on pipes and they are in the ground.
Mr. Berkowitz stated they have plenty of capacity at this point; it is when the ultimate development
occurs that there would be capacity issues. Councilmember Knight indicated that what the Met
Council is advocating would put them over capacity. Mr. Berkowitz stated that is correct.
Councilmember Trude wondered if the Open Space Referendum could come into that discussion that
some of the land will be preserved which has always been a goal of the Met Council. She did not
know if that helps them at all.
Mr. Neumeister stated as this moves along, staff will keep the Council informed of what is going on
and the progress.
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Regular Andover City Council Meeting
Minutes - March 20, 2007
Page 7
SUBDIVISION CODE UPDATE PROGRESS REPORT
Community Development Director Neumeister updated the Council on the Subdivision Code Report
progress.
Councilmember Orttel stated with taking out a lot of the verbiage in the code, it is going to be hard
for future Councils to find out what the reasoning is of the code.
Mr. Dickinson stated parts of these items were previously missing from the Subdivision Code and
are now included. He stated they want to tie some of the ordinances together to make it simpler
going forward.
SCHEDULE WORKSHOPS
Motion by Trude, Seconded by Orttel, to schedule a Council Workshop with the Planning
Commission for April 24, 2007 at 7:00 p.m. Motion carried unanimously.
Motion by Trude, Seconded by Orttel, to schedule a Joint City Council/Public Works Department
Workshop for April 19, 2007 at 6:00 p.m. Motion carried unanimously.
ADMINISTRATOR REPORT
City Administrator Dickinson updated the Council on the Administration and City department
activities, meeting reminders and Legislative activity.
City Engineer Berkowitz updated the Council on road improvements projects in the City.
Community Development Director Neumeister updated the Council on development activity in
the City.
Councilmember Knight stated they have a Bee Keeping Ordinance request and he wondered
where that was at. Mr. Dickinson explained he indicated to the individual who asked him what
the interpretation of the Bee Keeping Ordinance is. The Code indicates that bees fall into the area
of farm animal criteria and to raise bees you need to have five acres or more within the City. He
believes there was some interest in the community to change that ordinance. He would look for
direction from the Council whether or not they want to entertain changing the ordinance;
otherwise staff's current position is to stick with the current interpretation unless the Council
would like them to review that ordinance.
Councilmember Trude thought there was a real crisis with pollination because there are a lot of
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Regular Andover City Council Meeting
Minutes - March 20, 2007
Page 8
bees that are suffering a virus right now and they have a lot of agriculture in their community and
they have people that have gardens and she would like to promote it on lots that are less than five
acres. She would like to have staff look at the ordinance and cut it back by about fifty percent
because there is a lot of excess and she thought they could modify that to meet the needs of
people who have two acres or larger lots. They should look at fine-tuning this if more requests
come in later. She thought this is something that does help the agricultural products in the
community to have people that are doing honey bee keeping and they are not a nuisance like
wasps and yellow jackets. She would like to have staffbring that to the Planning Commission
for a public hearing so the people interested could get started this spring.
Councilmember Knight did not have a problem with people keeping bees on two acres as long as
they are not on an urban lot. The only provision he wants is to make sure the hives are fenced so
kids cannot get to them.
MAYOR/COUNCIL INPUT
(Applications in Council Packets) - Councilmember Trude stated when they get packets, where there
is an application, she would like the application to be a part of the information because it seems quite
often they have questions that would be simple to solve if they had the application.
(North Suburban Home Show) - Mayor Gamache thanked Andy Cross for all his work on the North
Suburban Home Show. He stated Erick Sutherland also did a great job in getting it all set up.
Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting
adjourned at 8:26 p.m.
Respectfully submitted,
Susan Osbeck, Recording Secretary
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CITY OF
NDOVE
@
1665 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-6923 . WWW.CI.ANDOVER.MN.US
CC:
Jim Dickinson, City Administrator / Finance Director
TO:
Mayor and Councilmembers
FROM:
Melissa Rustman, Accountant
SUBJECT:
Payment of Claims
DATE:
April 3, 2007
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $48,046.22 on disbursement edit lists #1 - #3 from 03/16/07 to 03/27/07 have been issued and
released.
o Claims totaling $61,610.77 on disbursement edit list #4 dated 04/03/07 will be issued and released upon
approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
projects.
ACTION REOUIRED
The Andover City Council is requested to approve total claims in the amount of $109,656.99. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
~ll0h ~~
Melissa Rustman
Attachments:
Edit Lists
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
Mayor and Council Members
TO:
CC:
Jim Dickinson, City Administrator
FROM: David D. Berkowitz, City Engineer
SUBJECT: Award Bid/07-2/2007 Overlays - Engineering
DATE: April 3, 2007
INTRODUCTION
The City Council is requested to receive bids and award the contract for Project 07-2, 2007
Overlays.
DISCUSSION
The overlay program is an effective and cost efficient means of rehabilitating older deteriorated
roadways. By annually reclaiming and overlaying sections of roadway throughout the City, we
can maintain a high quality transportation system. The overlay program has been in place for over
10 years and is an effective way to maintain the City's roadways. The base bid covers the areas
identified for reconstruction which are Woodland Ridge, Indian Meadows 3rd Addition, and
Kelsey Estates. Refer to the attached location maps.
The alternate bid is for concrete curb and gutter replacement throughout the City. The CIP
identified $40,000 toward curb replacement in 2007.
The bid opening was held on March 28, 2007 and the bids received are as follows:
Contractor Base Bid Amount
Knife River $798,252.97
North Valley, Inc. $852,842.92
Astech Surface Technologies *$872,304.14
Hardrives, Inc. $870,23t;).60
Northwest Asphalt, Inc. $873,546.00
Pember Companies, Inc. $901,581.75
(* notes a correction was made to the bid)
Engineer's Estimate
$908,028.00
All. #lAmount
*$28,112.30
$23,237.50
$21,125.40
$25,559.50
$31,462.50
$25,387.00
Total Amount
*$826,365.27
$876,080.42
*$893,429.54
$895,796.10
$905,008.50
$926,968.75
$35,300.00
$943,328.00 .
BUDGET IMPACT
The properties that benefit from the improvements will be assessed 25% of the total project cost
and the remaining 75% of the project costs shall be funded from the City's Road & Bridge Fund.
The reconstruction of these areas will reduce ongoing maintenance costs such as pothole patching
and temporary resurfacing. The alternate bid for concrete curb and gutter replacement shall be
. funded from the City's Road & Bridge Fund.
. .
o
o
o
Mayor and Council Members
April 3, 2007
Page 2 of2
ACTION REOUIRED
The City Council is requested to approve the resolution accepting bids and awarding the contract
to Knife River in the amount of $826,325.27 (base and alternate bid) for Project 07-2, 2007
Overlays.
Respectfully submitted,
G)~0.
David D. Berkowitz
Attachments: Resolutio(Bid Tabulatio~& Project LocationMaps/
o
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o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 07-2 FOR 2007 OVERLAYS.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
023-05 ,dated February 20, 2007, bids were received, opened and tabulated
according to law with results as follows:
Contractor
Knife River
North Valley, Inc.
Astech Surface Technologies
Base Bid Amount
$798,252.97
$852,842.92
$872,304.14
All. #1Amount
$28,112.30
$23,237.50
$21,125.40
Total Amount
$826,365.27
$876,080.42
$893,429.54
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Knife River as being the apparent
low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Knife River in the amount of $826.824.27 (base & alternate
bid) for construction of the improvements; and direct the City Clerk to return to all bidders
the deposits made with their bids, except that the deposit of the successful bidder and the
next lowest bidder shall be retained until the contract has been executed and bond
requirements met.
MOTION seconded by Council member
City Council at a reQular meeting this 3rd
Council members
of the resolution, and Council members
against, whereupon said resolution was declared passed.
and adopted by the
, 2007 , with
voting in favor
voting
day of April
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
,~-
Del'IoWscak:ul8bonenorbv~t
PrelimlllaryCostEstimaW-WoodlandRidge
Exhlbi\7
17280 17280
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City of Andover - Woodland Ridge
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17700
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V~RDI"176TH. AVE -l
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M/>J> LEGEND:
III WATER
~ PARK
D PARCELS
Map Scale: 1 inch = 500 feet
Map Date: 11/1412006
Data Date: OCTOBER 2006
Sources: ANDOVER GIS
ANOKA COUNTY ASSESSOR
Disclaimer:
COpyrighl r:> 20DS _ River's ge IS. LLC.
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MAP LEGEND:
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D PARCELS Map Scale: 1 inch = feet 9
Map Date: 11/1412006
Data Date: OCTOBER 2006
Sources: ANDOVER GIS
ANOKA COUNTY ASSESSOR
0isc::Iaimer.
Copyright Cl:l2OO& - Rive~$ ge GIS. u.c.
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ANOKA COUN1Y ASSESSOR
Cisclaimer;
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(9)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, City Engineer
SUBJECT: Approve Change Order #2/02-33/Andover Station North - Engineering
DATE: April 3, 2007
INTRODUCTION
This item is in regard to approving Change Order #2 to Project 02-33, Andover Station North for
Project 07-19, Andover Station North!Lot 1, Block 3.
DISCUSSION
This project is to extend sanitary sewer and water main to Lot 1, Block 3 of Andover Station North.
Dynamic Systems is in the process of purchasing the lot and with the completion of this project
sanitary sewer and water will be available to serve the property.
Two quotes were received and are as follows:
North Pine Aggregate, Inc.
W.E. Miller, Inc.
$38,720.50
$42,858.00
North Pine Aggregate is currently under contract with the City for the construction of Andover
Station North. Staff recommends that the change order be approved so that North Pine Aggregate
can construct the improvements under the current contract conditions.
Attached are the quote proposals from both contractors and Change Order #2 for the Andover
Station North project.
BUDGET l1vIP ACT
The project shall be funded through Tax Increment Funds and Bond Proceeds.
ACTION REQUIRED
The City Council is requested to approve the resolution approving Change Order #2 to Project 02-
33, Andover Station North for Project 07-19, Andover Station North/Lot 1, Block 3.
Respectfully submitted,
~O,~
David D. Berkowitz ~
./: / ./
Attachments: Resolution, Quote Proposals. & Change Order #2 .
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO.
02-33. ANDOVER STATION NORTH.
WHEREAS, the City of Andover has a contract for Project No. 02-33 with
North Pine Aqqreoate. Inc. of Forest Lake. MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 02-33.
o
Adopted by the City Council of the City of Andover this
April , 2007.
3rd
day of
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
o
o
o
o
02/16/2007 FRI 15:29 FAX 651 464 8456 North Pine Aggregate
~ 001/003
NORm PINE
.,"'..'.,,, -.' AGGREGATE 1Ne.
14551 Lake Drive I Forest Lake, MNS5025 1651.464.6802
FACSIMILE COVER SHEET
SENDER: Jake Jensen
TO: Dave Berkowitz
COMPANY: City of Andover
FAX #; (763) 755.8923
DATE: 2/16/07
REFERENCE: Andover Station - Lot 1, Block 3
NUMBER OF PAGES (includiof! cover DaD): 3
...........~..........................~~.................................
COMMENTS:
Dave,
Attached is a bid proposal for Andover Station - Lot 1, Block 3. Please don't hesitate to
give me a call if you have any questions or need more information.
Thank you,
Jake
02/16/2007 FRI 15:30 FAX 651 464 8456 North Pine Aggregate
o
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,.... .;',
'::t! ":,,,
". ;.' .~:" ; ': '.~
NORfH PINE
.' .:..~~,:~_1 AGGltECiAlE 1Nc.
14551l.<11<eOrive I Forest Lake. MN SS02S 1651.464.6802
~002l003
To: ow Of Andover Cantacl: David Berkowitz
Address: 1685 Q'05SIDwn Blvd. NW Phone: (763) 755-5100
Andover, MN 55304 Fax: (76J) 755-89Z3
PJvject Name: Andover 5Iali<lIl - lot 1, IlIOdt 3 BkI Number. 07018
. Pmjlld; Lomtion: ~ street Andover, MN Bid Dab'!: 2/19/2007
lune II Iblm DescrIption .
EstimlIbldOuantiiY Unit
UnitPriQlil
section A. sanitary Sewer
MObilization
connett To EldsIIng SanIT,aIY sewer
8" I'Ve SDR 35 San. SWr. 10' -12- Depth
Sl3ndard Ma1lhole
~ Deplfl Manhole (over 10')
Jet Oean Sanitary sewer Mairls
TeleYlslng SanitalY Sewer Mains
1.000 LS $1,200.00
1.000 EACH. $455.00
331.000 LF $28.50
4.000 EACH $2,275.00
3.500 LF $175.00
331.000 l.F $1.75
331.000 LF $1.75
lotilll1riCle for aIIove Sedion A. Sanitary Sewer !buns:
o
Section B. Wider Main
connect To Exlstlng 8" DIP WaI:en1laln
6" DIP OClSS 52 w~ Milln
8' DIP Class 52 Water Main
6" MJ ResIlient Seat Gate Valve
ff' MJ Resilient SeoIt G<lte Vcdve
MJ fittings
Furnish And InsllIlI Hydrant
1.000 EACH $455.00
20.000 LF W.oo
270.000 LF $26.00
2.000 EACH $1,025.00
1.000 EACH $1,<105.40
600.000 LB $3.10
1.000 EACH $2,305.60
Total PrIce for above Sectton 8. Watll!r Main ItIemsI
SectIon Co street It RestIllratIon
T~ Control
Seed And Muldl
1.000 LS $250.00 .
0.500 ACRE $1,550.00
'rotill PrIce for alKnn: Sef;tI<In c. Sbaet . Restoration Qems:
Total BId Price:
Total Pria= I
$1,200.00
$455.00
$9,433.SO
$9,100.00
$612.50
$S79.2S
$579.25
$21,959.50
$455.00
$640.00
$7,020.00
$2,050.00
$1,405.40
$1,860.00
$2,305.60
$15,n6.00
$250.00
$775.00
$1.02S.1111
$38,720.50
NOteS: . Addenda Ada1owledged: none
. PrIce does nol: Include: CIeaIlng Ii Grubbing, SIte SUrveying, SoIl Testing, Gravel or 1l/addI)p, CurtI It GuttEr, Building Dr
stnK:lure DemoIIlIDn, HIdden Ill' allied 1Jetlris, Hazardous MaIeriIlIs Remo\'aI, Sb'eel: SVVeeplng, ~ng, Import Mdfot
Export of Dirt, Sill! utililil:s QI;her tiKln #lose listed below, Ilonds and PerrnlIs, Moving of Small Utllltk!s, Nri SUbsoil Comlcllons
01' Trench Borrow.
. Pridng is based on tile englneer(s) plans dated: NO Plan Date
. Proposal is valid for a pefl(ld of 30 daY$ fnmI da12 of prvpo5iI/.
. hrv delays due to Inc:ompIete surveying or il'l'qllq)tS Slneyitlg muld result in additional dlaf1ll!S.
. Pric;e does oot include lDWering/movIng small UUIldes. If there are utilll1es not properly rept_,ted on p/ans, price Is subject
lD dlange.
PaymentTenns: Net due upon receipt of billing. A 1.5% per month seMce dage will be assessed on ul'(lllld balance.
o.
2116WJ073:07:281'M
1'oge1of2
o
o
o
02/16/2007FRI 15:30 FAX 651 464 8456 North Pine Aggregate
Igj 003/003
NoRI'H PINE
";:.;~~.;.,.; AGGREGATE INc.
14551 ~keOrive I Fore$tl.ake. MNSS02S 1651.464.6802
To: City Of Andover ConIad: David Berkowitz
Address: 1685 Crn5stDwn Blvd. NW ~: (763) ?5S-S100
Andover, MN 55304 Fax: (763) 755-8923
Pfojed; Name: AndooIer SIaIicn - LoI: 1, BIcck 3 BId Number. 07018
Projlld: Loc:al:ian: Jay street, Andover, MN Bid Dab!I: 2/19/2007
ACCEPIED: CONFIRMED:
The <lbove prfcIls, specifications and condiIlons are satisI'actDry NoIth PIne Aggregate,:me.
iII1d hereby~. -~-~
Buyer;
Signature:
Date of Aa:eplanc:e: Esllmator: JakeJensen
.
2/161ZOO7 3:07:28 PM
Page z ctz
,
FROM :WBMILLER
FAX NO. :7632410580
Mar. 12 2007 01:58PM Pi
o
w: B. Miller, Inc_
6701 Norris Lalre Road NW Elk River Minnesota 55330
Phone (763) 241-0397 FAX (763) 241~0580
Fax
From: Greg Holm
Fax:
Pages.: 2
To:
Fax:
Phone:
Dave Berkowit; City of Ando~
763 755-8923
Date: 3/] 2/2007 3 p_m.
Subject: Quote
o
Comments:
Quote for North Lot Split
o
o
o
o
.
FROM :WBMILLER
Ff1X NO. :7632410580
Mar. 12 2007 01:59PM P2
Quote for: Lot 1, Block 3 Andover station North Lot Split
Utility Improvements
Andover, Minnesota
Sec:tion A. Sanitary Sewer Improvements
ITEM EST. UNIT
No. DESCRIPTION . UNITS QUAN PRICE TOTAL
1 Mobilization L.S. 1 3a50.0o 2>550,00
2 COnnect to E;xistina Sanitary Sewer EA. 1 \ 150,00 11 hO.OO
3 BOO PVC SDR 35 San. Swr. 10' -12' Decth L,F. 331 ~l .f1n j",q 5f .-nn
4 standard Manhole EA, '4 A~O,OO qql"O. 00
5 Extra Deoth manhole (over 10') L.F, 3.5 bOD. Of) 1760.00
6 Jet Clean Sanitarv Sewer Mains L,F, 331 ., ,~s J+1.2..75
7 Televising Sanitarv Sewer Mains L.F. 331 1.~5 1.1-10.15
Total Section A. Sanitary sewer Improvem\lnt$ ~6. OS'e> ,l50
Section e. Water Main Improvements
ITf:M EST. UNIT
No. DESCRIPTION UNITS QUAN PRICE ' TOTAL
1 COnnect to .Existina B" DIP Water Main EA. 1 rtnf'l.DO '7""1">.1'\0
3 6" DIP Classs 52 Water Main L.F. 20 .~O,OO {~nn.DO
4 8" DIP Classs 52 Water Main L.F. 270 ';0, 35 p..IO~. 60
5 a" MJ Resilient Seat Gate Valve EA. 2 650.00 1'10"'.00
6 8" MJ Resilient Seat Gate Valve EA. 1 18.50,00 1~50,OO
7 MJ FittinQs LBS 600 .;too 1800 ....0
B Furnish and Install Hydrant EA 1 ..:>500.00 ~SoO. 00
.
Total Section B. Water Main Improvements lit> 74f<.j., So
ISection C. Street and Restoration Impl'l)vements
ITEM EST. UNIT
No. DESCRIPTION UNITS QUAN PRICE TOTAL
1 Traffic Control EA. 1 .<tOD,OO 400.00
2 Seed & Mulch AC, 0.5 l.1fiO.oo fp~?M
Total Section C. Street and Restoration Impl'l)vements I O.g.'i5. 00
Total Section A. Sanitary Sewer Improvements
Total Seclion a. Water Main Improvements
Total Sec:tion C. Street and Restoration Improvements
Total Quote Cost (No dewatering included)
Jfd..~6g. 00
o
CHANGE ORDER
CITY OF ANDOVER
Andover, MN April 3
,2007.
Change Order NO.L
To North Pine Aqqreqate. Inc.
For Proiect 02-33. Andover Station North
For City of Andover
You are hereby directed to make the following change to your contract dated
March 1 ,2005. The change and the work affected thereby is subject to all
contract stipulations and covenants. This change order will (increase) (doore:lso)
(no ch:lnge) the contract sum by Thirty-Eiqht Thousand Seven Hundred Twenty and
50/100 Dollars ($38.720.50).
This change order provides for the following extra work:
o
Sewer & Water Service to Andover Station North/Lot 1, Block 3 (City Project 07-19)
Amount of Original Contract
Additions approved to date (Change Order # 1
Deductions approved to date (Nos. )
Contract amount to date
Amount of this Change Order (Add) (Deduot) (No Change)
Revised Contract Amount
$2,013,882.80
) $ 230.896.35
$ 0.00
$ 2.244.779.15
$ 38.720.50
$2,283.499.65
City Engineer
Date
Approval North Pine Aqqreqate. Inc.
s(}C;:
3bk7
Date I
Approval City of Andover
By
o
H:IEngineeringlCity ProjeclslOpen City Projectsl02-33 Andover Station NorthlWord DocumentslChange Order #2.DOC
o
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CC: Jim Dickinson, City Administrator ~
David D. Berkowitz, City Engineer
TO: Mayor and Council Members
FROM: Todd J. Haas, Asst. City Engineer
SUBJECT: Approve Resolution/MSA Revocating & Designating MSA Streets -
Engineering
DATE: April 3, 2007
o
INTRODUCTION
The City Council is requested to approve the attached resolution regarding Municipal State Aid
(MSA) designations.
DISCUSSION
As you may recall from the City Council meeting of February 20,2007, the City Council was in
favor of the Public Works Committee's recommendation on the proposed revocations and
designations. Since February 20th, City staff has been in discussion with the MnDOT office and
we have been informed that the designation for Crosstown Boulevard NW from Hanson
Boulevard NW to Prairie Road NW and from 157th Avenue NW to 161 st Avenue NW does not
count against the available MSA mileage that the City has available because Crosstown
Boulevard NW is considered a county road tumback by State Aid rules. This is an advantage to
the City because it allows the City to designate other roadways with the mileage we have
available. Currently staff is reviewing options to designate the 0.97 miles that are available. We
will bring this back to the Council at the April 17th meeting for discussion.
ACTION REOUIRED
The City Council is requested to approve the attached resolution regarding the proposed
designation.
Respectfully submitted,
o ;t(U~
Attachments: Resolutio~ MSA Map/
o
o
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS.
WHEREAS, it appears to the City Council of the City of Andover that the streets
hereinafter described should be designated as Municipal State Aid Streets under the
provisions of Minnesota Laws of 1967 Chapter 162; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover that these streets described as follows, to wit:
. Crosstown Boulevard NW from Hanson Boulevard NW to Prairie Road NW and
Crosstown Boulevard NW from 1sih Avenue NW to 16151 Avenue NW
to be and hereby established, located and designated as Municipal State Aid
streets of said City, subject to the approval of the Commissioner of Transportation of
the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to forward two certified copies of this resolution to the Commissioner of
Transportation for their consideration and upon his approval of the designation of said
streets or portion thereof, that same be constructed, improved and maintained as
Municipal State Aid Streets of the City of Andover and to be known as Municipal State
Aid Streets.
Adopted by the City Council of the City of Andover this 3rd
day of April ,2007 .
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
Certification
I hereby certify that the above is a true and correct copy of a resolution duly passed,
adopted and approved by the City Council of said City on April 3, 2007.
Victoria Volk - City Clerk
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Council Members
CC:
Jim Dickinson, City Administrator
David D. Berkowitz, City Engineer ~
FROM:
Todd J. Haas, Asst. City Engineer
SUBJECT:
Consider No Parking Resolution/Andover Station North Ball Field
Facility/139th Lane NW 105-15 - Engineering
DATE:
April 3, 2007
INTRODUCTION
This item is in regard to approving a resolution designating No Parking on both sides of 139th Lane
NW.
DISCUSSION
To provide safety and minimize congestion along 139th Lane NW between Linnet Street NW and
Jay Street NW due to the new Andover Station North Ball Field Facility, it is recommended to post
no parking signs on both sides of the street along this section. If the existing parking lot becomes
full, staffis recommending that the parcel in the north east corner of 139th Lane NW and Jay Street
NW that is currently owned by the EDA become the overflow parking area and be posted as such.
Note: Ifthis parcel or the larger parcel that is east of the ball field facility are purchased by a private
party, a joint parking agreement will be necessary to accommodate any overflow parking from the
ball field facility parking lot.
ACTION REQUIRED
The City Council is requested to approve the attached resolution designating No Parking on both
sides of 139th Lane NW from Linnet Street NW to Jay Street NW, Project 05-15.
Respectfully submitted,
~/L---
Todd J. Haas
. ./ /
Attachment: Resolution & Drawing
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF 139TH
LANE NW FROM LINNET STREET NW, TO JAY STREET NW, PROJECT NO.
05-15.
WHEREAS, no parking will be allowed along both sides of 139th Lane NW
from Linnet Street NW to Jay Street NW., Project 05-15; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to designate the no parking zone.
Adopted by the City Council of the City of Andover this L- day of April
2007.
o
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
/
CC: Jim Dickinson, City Administrator
FROM: Vicki Volk, City Clerk
SUBJECT: Approve Extension of Liquor License/Pov's Sports Bar Annual Concert
Di\TE: i\pril 3, 2007
INTRODUCTION
Brad Povlitzki, owner of Po v's Sports Bar, has requested an extension of his liquor
license.
DISCUSSION
Pov's will be holding outdoor concerts on Friday, July 13 and Saturday, July 14,2007.
He has requested an extension of his liquor license to include their enclosed softball
fields.
On August 15, 2006 Council discussed a noise issue related to the 2006 concerts held at
Pov's. Two complaints were received by the Sheriff's Office. I have enclosed the
minutes from the August 15th meeting as well as Mr. Dickinson's report from the August
15th meeting. No action was taken on this item.
In the past Tanner's has had outdoor concerts and each year the Andover Family Fun Fest
has outdoor concerts on both Friday and Saturday nights until midnight in addition to
fireworks on Saturday night at 10:00. I do not recall any complaints regarding the Fun
Fest.
ACTION REOUlRED
Council is requested to consider approval of the extension ofPov's liquor license to
include their enclosed ballfields until midnight on July 13 and 14,2006.
o
Respectfully submitted,
t~~. tJ../t
Vicki V olk
City Clerk
Attach: Pov's Letter, Administrator's Report of8-l5-06; Council Minutes of8-l5-06
o
o
o Andover City Council,
I, Brad Povlitzki, am requesting to have my annual outdoor concert
on Friday & Saturday, July 13th and 14th, with extension of my license to my
softball fields. Thank you for your time and consideration.
Sincerely,
.l)rad Povlitzki
o
o
c
o
Regular Andover City Council Meeting
Minutes - August 15, 2006
Page 5
Counciler Jacobson asked, assmning the fence were built and a Frisbee ent over the fence
and someone . ed to climb the fence and injured themselves, would the Ci e liable because the
City put the fenc p and it was on City property. City Attorney Hawkins d not think there would
be a liability ifthe ce were constructed properly. He thought there w ld be signs indicating no
climbing or trespassin but they do have insurance and coverage to d end them in case something
were to happen.
Councilmember Trude thoug the height was critical for the fe ce and the change ofthe lay in the
course would help too.
inistrator coordinate the installation of
REVIEW ANDAPPROVEMEMORAND 0
EASEMENT ACQUISITlONS/05-11/IV. IP ST.
'ERSTANDING FOR RIGHT-OF-WA Y &
TNW
City Engineer Berkowitz stated the ty Council is req ested to approve the Memorandmn of
Understanding (MOD) for right-of-w y and easement acquis . on related to City Project 05-11, Tulip
Street NW.
Councilmember Jacobson re ved himself from discussion an voting because of conflict of
interest.
Motion by Knight, Seco Qed by Trude, to approve the Memorandmn ofU erstanding for right-of-
way and easement ac isition for City Project 05-11, Tulip Street NW. Mo 'on carried 4 ayes, 1
abstain (Jacobson).
Councilmember'Trude thanked Mr. Berkowitz for all the work he has done on this
('
DISCUSS OUTDOOR CONC'ERT 'EVENTS
City Administrator Dickinson stated at the July 25, 2006 Council Workshop, the Council indicated a
desire to have a formal agenda item to discuss a noise issue related to a recent outdoor concert held
at Pov's Sports Bar.
Councilmember Knight stated he received complaints at the time the concert was going on at Pov's.
Councilmember Trude stated the person that called her indicated he lives in the Hills of Bunker
which is a substantial distance away.
c
Regular Andover City Council Meeting
Minutes - August 15, 2006
Page 6
Councilmember Jacobson stated they approved the liquor extension so they could have liquor in the
ball field with the band but the way it is set up in the ordinance is ifthey wanted to have a band out
there and not have liquor, they could do so without any additional permitting from them. Mr.
Dickinson stated they could as long as they complied with the noise ordinance.
Councilmember Jacobson thought the reason that this was brought up is within a year there will be
new homes behind the ball fields and they were concerned that if they were getting complaints from
residents a fair distance away, with people moving even closer, would that be a problem also. He
wondered if there was any other way that they can hold the lights and noise down besides what is
stated in the ordinance. Mr. Dickinson stated additional limitations could be put on as far as the
time. The ordinance indicates 10:00 p.m.
Mr. Dickinson stated he had some research done on how many complaints they had relative to sound
at Pov' s Sports Bar and Tanners. There were some complaints relative to sound. There were three
separate occurrences. One involved the P.A. system for a ball game and the other two times were on
the 21 st and 22nd, the two nights in question this year. Those were the only noise complaints they
received on Pov's.
o
Councilmember Trude stated the call she had from the resident indicated they called after 9:00 p.m.
and again after midnight and the response from the Sheriff's Department was that Pov's had
permission to do this. She stated that was the issue she raised at the Council meeting regarding
allowing the liquor license to extend out to the ball field and if the noise ordinance went with this.
Councilmember Jacobson read from the noise ordinance regarding what is allowed between
midnight and 7:00 a.m.
Councilmember Jacobson stated they need to reaffirm the 10:00 p.m. noise ordinance when
extending other licenses.
Councilmember Orttel stated he did not realize this included the Fun Fest and other city events. He
asked if they had ever had complaints about those events. Mr. Dickinson stated the main reason for
the Andover Fun Fest is they do have bands and the time frame is they do go past the 10:00 p.m.
barrier. He noted he talked to the owner of Po v' s, Brad Povlitski, and he could not be at the meeting
but asked if the Council could wait to make a decision until he could come and talk to the Council.
Councilmember Orttel indicated it was not just Pov's but a City-wide issue that needs to be dealt
with.
The Council decided to put this item on as a workshop item to be discussed further.
o COMMUNITY CENTER ADVISORY COMMISSION APPOINTMENT
City Administrator Dickinson indicated correspondence has been received from Dan Masloski
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/
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Discuss Outdoor Concert Events
DATE: August 15,2006
INTRODUCTION
At the July 25,2006 Council Workshop (minutes attitChed), the Council indicated a desire to
have a formal agenda item to discuss a noise issue related to a recent outdoor concert held at
Pov's Sports Bar.
DISCUSSION
On July 5,2006 the Council pproved an extension ofth liquor license for Pov's Sports Bar for
their enclosed ball fields for uly 21 st and 22nd, 2006 en g at midnight each evening (minutes
of the July 5th discussion are a ched). Historically v's held the outdoor concert in
conjunction with the Andover F . Fun Eest;-15ut this year Pov's decided to have the concert
two weeks later to attract a nationally know band (minutes of the March 21, 2006 City Council
meeting are attached to confirm the intent).
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Tanner's Steakhouse has also held some outdoor events over the past few years. The Council
may recall that a complaint was received from a Coon Rapids residence two years ago, but at that
time the Sheriff's office indicated no other complaints on Tanners were received. It is unknown
at this time if the new management at Tanners will be coordinating any outdoor events.
Other outdoor events where concerts are held in the City of Andover generally are associated
with City sponsored events such as the Andover Family Fun Fest (newsletter excerpt attached)
and Concert in the Park at the Community Center (brochure attached).
To assist in the discussion I have provided applicable City Code that addresses the issue of noise.
ACTION REOUESTED
Discuss outdoor concert events and provide direction to staff.
Attachments
o
Special Andover City Council Workshop Meeting
Minutes - Julv 25, 2006
~ru.;;r:. 8
but there is no immediate deadline.
Councilmember Knight stated he would like this document to have a colored cover page.
Councilmember Trude stated she would also like this document to be bound.
Councilmember Trude asked if the City knew who the ham radio operators are in town in the event
telephone and mobile lines are down. Fire Chief Wmlcel responded they did know who the ham
operators are and they would work with the City in the event of an emergency.
OTHER BUSINESS
A. Clean Up After Last Storm
o
Acting Mayor Orttel asked if it would make sense to put some money away each year for storm
related nRml'lge. He was going to talk to the League of Minnesota Cities about obtai.ning some type
of insurance for this. Part of the problem is that these types of storms are large in scope.
B. Permit
Councilmember Jacobson stated the City had issued a permit for Pov's recently and there were issues
with noise. He asked if Pov's Pov's should be informed now that the permit would not be issued
next year because there would be more housing around there so they could plan accordingly and that
they need to follow the noise ordinance.
Fire Chief Dan Winkel stated there could also be an issue with softball games going on after 10:00
p.m. with the townhomes going in.
~iImembe.- Jocobm req=ted !hi, be put on the next Council meeting ogenda.
Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried nmm;mously. The meeting
adjourned at 9:26 p.m.
Respectfully submitted.,
Kathy Altman, Recording Secretary
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Regular Andover City Council Meeting
Minutes - July 5, 2006
Page J -,-
own the right-of-way so they can actually utilize State Aid funds on the project. They will need
to complete that to move forward..
APPROVE EXTENSION OF LIQUOR LICENSElPOV'S SPORTS BAR/JULY 21 & 22, 2006
.City Administrator Dickinson stated Mr. Brad Povlitzld.. owner of Po v' s Sports Bar, has requested an
extension of his liquor license.
Councilmember Trude stated she had this pulled because in the future there will be homes
constructed adjacent to Pov's outdoor baseball fields and she also did not notice a time period for
the license other than those dates and she knew when they approved one for Tanner's they had
hours it would end at. Mr. Dickinson stated the request was for ending at midnight in the letter
from the applicant but they can add a modification to the resolution making sure the time is a part
of the record and pass it along to the applicant.
o
Councilmember Trude thought they need to define it by time and space whenever they extend the
liquor license for establishments.
Mr. Dickinson stated one of the criteria with the Bruggeman land sale was notification to the
property owners that there is a ballfield there. That is one of the criteria that the applicant
requested..
Councilmember Trude stated in the future with the homes going up, it might affect the
applicant's ability to do outdoor events.
Motion by Trude, Seconded by Knight, to approve the extension ofPov's liquor license for their
enclosed ballfields for July 21and 22,2006 ending at midnight each evening. Motion carried 4
ayes, 1 nay (Jacobson)
AWARD BIDIWOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE
(05-20) & ADJACENT PARCELS
City Administrator Dickinson explained the City Council is requested to receive bids and award the
contract for Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and adjacent
parcels.
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Motion by Jacobson" Seconded by Orttel, to approve the resolution accepting bids and awarding the
contract to Redstone Construction Co., Inc. in the amount of$l ,928,781.28 for Woodland Crossings
(05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and adjacent parcels.
Mr. Dickinson stated they have received all of the receipts of the recording of the plats and they are
all recorded.
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REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 21,2006
MINUTES ~
The Regular Bi-Montbly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, March 21,2006, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota
Councilmembers present:
Councilmember absent:
Also present:
Don Jacobson, Mike Knight, Julie Trude
Ken Orttel
City Attorney, William Hawkins
City Arlm;n;rnator, Jim Dickinson
Community Development Director, Will Neumeister
Others
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PLEDGE OF ALLEGIANCE
Outdoor Concert - Mr. Brad Povlitski., Pov' s Sports Bar, stated he was at the meeting to check to see
ifhe could have his outdoor concert two weeks later than usual. He stated the venue is a national
one. Mayor Gamache did not think the outdoor concert really correlates with the Fun Fest because it
is in a different part of the City. He indicated he would not have a problem with that.
Councilmember Jacobson wondered if Mr. Povlitski would still conform to the time frame like other
years. Mr. Povlitski stated he would.
Councilmember Knight wondered where the concert would be outdoors. Mr. Povlitski stated it
would be out in the ball field facing the building so the noise would be cut down.
Captain Jenkins stated they do no usually get many complaints about outdoor concerts. He'
wondered if there would be any presale tickets to indicate the size. Mr. Povlitski stated he was not
sure how many people there would be because they do not have a cut off limit outside like they
would indoors.
o Councilmember Jacobson stated he would still have to apply for the outdoor liquor license and abide
by the time rules. Mr. Povlitski stated he would do that.
&
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&. . .. . i$
FKMILY
If .
ER
.
~$ FEST
JULY 7 & 8
CITY HALL .COMPLEX
(763) 755-5100 t
-
. 11 :00 a.m.-4:00 p.m.
........ Noon-4:00 p.m.
. Noon-8:00 p.m.
).
... .10:00 p.m.-Midni<"lht
:..1 :00 p.m.-9:30 p.m.
Carnival
Food Vendors
Hot Foot Stompers Square Dance De
Craft Fair. . . . .. ....................
Qommunity Center - Open Skate.'. . . . . .. .
Bingo............. ..:........ .......'\'.......
Magician.
Uons Beer Garden. . . . ._ ,>6: - . .-11.
K Kick-Off Dance "LOOSE CANNON.?'<'f'" --' - ,. .~
. .1 :00 p.m. -3:30 p.m.
.......... ..... .1:00 p.m.-1:45 p.m.
..1 :00 p.m.-5:00 p.m.
. .2:00 p.m.-4:00 p.m.
......... .2:15 p.m.-3:15p.m.
.. .4:00 p.m.-5:00 p.m.
. .4:00 p.m.-6:00 p.m.
. . .4:00 p.m.-8:00 p.m.
. . .5:00 p.m.-8:00 p.m.
. ...... ..6:00 p.m.-7:00 p.m.
Fire Works.{~ .. . \i:1?Y Andover Uons) . .... . .. .. . ..10:00 p.m.
?treat Dance ;'TH~LAW1J................. 8:00 p.m.-11 :30 p.m. ;
i; ,
SATURDAY. .JULY 8
Food, EntertaC'
~. " ~
Craft Fair, Com Boot~s i'
... ~", .,
5K Fun Run/Walk (Registration-7:00 a.m':) : 8:00 a;m.~10;O~ a.m. ,
. Baby Crawling Contest . . . . . . . . . . . . . . . . . . .. :. . . 1'0:00 a.m.
k . M'd' h'.
Carnival. . . . . . . . . . . . . . . . . . . . . . . . . . .10:00 a.m.- I mg t
Food Vendors. . . . . . . . . . . :. . . . . . . ... . 1.():OO a.m.-Midnight
Parade 0ine-up at 10:15). . .. . . . . . . . . . . . . . 11 :00 a.m.-Noon
HEY BABYI DON'T MISS THE ANDOVER FUN FEST - BABY CRAWLING CONTEST. JULY 8, 2006
All babies must be pre-registered
,,,",
. '1.(
. As part of the A.lldover
. Family Fun Fest, a
baby crawling contest
O will be held at 10:0.0. am at .fuldover
Cm' Hall. lill crawling infants. 6-12
~onth are eligible to' participate.
Contest Criteria:
1. Baby must crawl to tbe finish line.
Walkers will be disqualified.
2. In case of a tie, there will be a
"crawl off".
3. Absolutely no registration the day
of the event!
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---.,
BABY CRAWLING CONTEST
I PLEASE- PRI"',
I Name of Baby
I
I Date of Birth
I Pa,eTIt's Name.
I Address
.I City
I Zip Code
Ip . S'
arem's Hmatu,e
'----=--
PRIZES WIlL BE AWARDED
To enter the contest. plea,e complete
this application and drop off at City
Hall.Forms must be received at City
Hall on or before July 6 by 00 p.m.
State
I
I
I
I
I
I
I
~I
_ ._lS)~
Age in months
City of Andover
Attn: Baby Crawling Contest
I 685 Crosstown Boulevard NW
Andover, MN 55304
-----
Phone
"Concert in the Park" at the
Sl\NDOVE~
COmlJ1f4/Ji(y C8/Jf&r
Wedn 2006
. 6:00 pm -9:30 pm #-
6:00pm Adrenaline
o
8:00 pm
~
"1J~
The Circle
Back Band
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www.circlebackband.com
Bring your friends, family and a chair. Please No Alcohol.
Thank you to our local sponsors!
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. American Family Insurance
Jeff Baker Agency 763-755-1845
Your LD. Power & Associates
Customer Satisfaction Awarded
Agent for Andover
. ReMax Associates Plus, Inc.
Gale and Wendy Haisley
763-323-6243
. Body Image Tanning
763-422-0020
. Taho Sports
763-862-3311
. Big Bite Pizza
763-754-9999
. ReMax Associates Plus, Ine.
Rod Schimmel Group
763-398-6300
. Ace Solid Waste
763-427-3110
. ReMax
Jim Borden and Dawn Youngren
763-755-1100
. Good Guy Music
763-413-&600
. Planet Beach Tanning Salon
763-754-&500
. Roger's Auto Body
763-755-77&8
. Northwest Transmission
763-754-3055
. Bill's Superette
763-427-0504
. G-Will Liquors
763-421-1117
. Beck's Auto
763-754-6030
. Woodland Creek Golf Course
763-323-0517
. 1st Regents Bank
763-755-4227
. Pov's Sports Bar & Grill
763-755-2323
. Marco's Pizza
763-755-1910
In case of rain, concert will be held indoors
at the Andover Community Center Field House
T":"'___ _____.~ ~__r____u_~___ __'1 ""fL~ JllllfC-'7:Tnn
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C \()$S Ie..-- Nv\ '7~ V\ (1'$
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1. A dwelling unit in the commercial district located in a commercial
structure shall not occupy the front half of the ground floor or basement.
2. A dwelling unit in a commercial or industrial building shall not contain
more than one bedroom.
3. No detached dwelling unit shall be permitted in the commercial or
industrial districts.
4. A dwelling unit that is a part of the principal building shall be provided
with one outside entrance. (Amended Ord. 8,10-21-1970)
12-13-18: RADIATION AND ELECTRICAL EMISSIONS: No activities shall
be permitted that emit dangerous radioactivity beyond enclosed areas. There
shall be no electrical disturbance (except from domestic household appliances)
adversely affecting the operation at any such point of any equipment other than
that of the creator of such disturbances. (Amended Ord. 8,10-21-1970)
12-13-19: OTHER NUISANCE CHARACTERISTICS: No odors, vibration,
smoke, air pollution, liquid or solid wastes, heat, glare, dust, or other such
adverse influences shall be permitted in any district that will in any way have an
. e:.;;> objectionable effect upon adjacent or nearby property. All wastes in all districts
shall be disposed of in a manner that is not dangerous to the public health and
safety nor will damage public waste transmission or disposal facilities. Minimum
standards shall be as follows:
8 Odors
Table III (Odor Thresholds) in Chapter 5, Air Pollution Manual, a copyright
of 1951 by Manufacturing Chemists Association, Incorporated,
Washington, District of Columbia and subsequent revisions.
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Vibration
Any vibration discernible (beyond property line) to the human sense of
feeling for three (3) minutes or more duration in anyone hour and any
vibration producing an acceleration of more than 0.1 Gs or resulting in any
combination of amplitudes and frequencies beyond the safe range of
Table 7, United States Bureau of Mines Bulletin No. 442, Seismic Effects
of Quarry Blasting, on any structure.
Smoke
Any emission of visible smoke of a shade darker than NO.1 on the
Ringelmann smoke chart, as published by the United States Bureau of
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Mines; except, that visible gray smoke of a shade not darker than No.3 on
said chart may be emitted for not more than four (4) minutes in any thirty
(30) minutes.
Air pollution (fly ash, dust, fumes, vapor, gases, etc.)
Any emission which can cause any damage to health, animals, or
vegetation or other forms of property, or which can cause any excessive
soiling at any point, and in no event any emission of any solid or liquid
particles in concentrations exceeding 0.3 grains per cubic foot of the
conveying gas or air a~ any point.
For measurement of the amount of particles in gases resulting from
combustion, standard corrections shall be applied to a stack temperature
of five hundred degrees Fahrenheit (5000F) and fifty percent (50%) excess
air. (Amended Ord. 8,10-21-1970; amd. Ord. 31410-4-2005)
12-13-20: VISUAL STANDARDS:
A.
Policy: It is hereby affirmed as essential public policy that the appearance
of this community is a proper matter for public concern and that all open
spaces, buildings, signs, plantings, surfaces, and structures which may be
seen from the public ways and water bodies are subject to the provisions
of this title.
B. Prohibited Exteriors:
1. On any non-residential building, the following material shall not be
permitted on exterior wall surfaces:
a. Aluminum, steel and metal, except as an accent material;
b. Common or painted concrete blocks;
c. Metal;
d. Galvanized steel (see Subsection 12-13-25F of this chapter);
e. Structural clay tile;
f. Sheet metal, either corrugated or plain (see Subsection 12-13-
25F of this chapter);
g. Similar materials.
2. Such materials, however, may be used as an accent material to
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SECTION:
CHAPTER 6
NOISE CONTROL
Definitions
Noises Prohibited
Hourly Restrictions On Certain Operatior)s
Receiving Land Use Standards
Administration; Testing Procedures, Studies, And Noise Impact
Statements
Enforcement; Penalties
5-6-1:
5-6-2:
5-6-3:
5-6-4:
5-6-5:
5-6-6:
5-6-1: DEFINITIONS: Words and phrases defined in this section have,
when used in this chapter, the meanings below. Any other word or phrase used
in this chapter, and defined in regulations of the Minnesota Pollution Control
Agency (MPCA) Noise Pollution Control Rules Chapter 7030, has the meaning
given in those regulations.
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AIR CIRCULATION
DEVICE:
L 10:
L50:
o
PERSON:
Mechanism designed and used for the .controlled flow
of air used in ventilation, cooling, or conditioning,
including, but not limited to, central and window air
conditioning units.
A sound level, expressed in decibels (dBA) which is
exceeded ten percent (10%) of the time for a one
hour period, as measured by a sound meter having
characteristics as specified in the latest standards,
S1.4, of the American National Standards Institute
and using generally accepted test procedures
adopted by the MPCA.
A sound level, expressed in decibels (dBA), which is
exceeded fifty percent (50%) of the time for a one
hour period, as measured by a sound level meter
having characteristics as specified in the latest
standards, 81.4, of the American National
Standards Institute and using generally accepted
test procedures adopted by the MPCA.
An individual, firm, partnership, corporation, trustee,
association, the state and its agencies and
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subdivisions, or any body of persons whether
incorporated or not. With respect to acts prohibited
or required herein, "person" shall include
employees and licensees. (Amended Ord. 230, 6-
17-1997)
5-6-2: NOISES PROHIBITED: No person shall make or cause to be made
any distinctly and loudly audible noise that unreasonably annoys, disturbs,
injures. or endangers the comfort, health, peace, safety, or welfare of any
persons or precludes their enjoyment of property or affects their property's value.
The general prohibition is not limited by the specific restrictions of the following:
A. Motor Vehicles: No person shall operate a motor vehicle in the city in
violation of the motor vehicle noise limits of the Minnesota Pollution
Control Agency.
B. Horns, Audible Signaling Devices: No person shall sound any signaling
device on any vehicle except as a warning of danger, as required by
Minnesota Statutes Section 169.68, as amended.
C.
Exhaust: No person shall discharge the exhaust, or permit the discharge
of the exhaust, of any steam engine, motor boat, motor vehicle, or
snowmobile except through a muffler or other device that effectively
prevents loud or explosive noises therefrom and complies with all
applicable state laws and regulations.
o
D. Defective Vehicles Or Loads: No person shall use any vehicle so out of
repair or so loaded as to create loud and unnecessary grating, grinding,
rattling, or other noise.
E. Loading, Unloading, Unpacking: No person shall create loud and
excessive noise in loading, unloading, or unpacking any vehicle 1.
(9
Radios, Phonographs, Paging Systems: No person shall use or operate or
permit the use or operation of any radio receiving set, musical instrument,
phonograph, paging system, machine, or other device for the production
or reproduction of sound in a distinctly and loudly audible manner as to
unreasonably disturb the peace, quiet, and comfort of any person nearby.
Operation of any such set, instrument, phonograph, machine, or other
device between the hours often o'clock (10:00 P.M. and seven o'clock
(7:00) A.M. in such a manner as to be p arnly audible at the property line
of the structure or building in which it is located, in the hallway or
apartment adjacent, or at a distance of fifty feet (50'), if the source is
located outside a structure or building, shall be prima facie evidence of a
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1 See subsection 12-14-11A3 of this code for specific hours.
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violation of this section.
Noisy Parties Or Gatherings: When a police officer determines that a
gathering is creating an excessive noise disturbance, the officer may
order all persons present, other than the owner or tenant of the premises
where the disturbance is occurring, to disperse immediately. No person
shall refuse to leaVe after being ordered by a police officer to do so.
Every owner or tenant of such premises who has knowledge of the
disturbance shall make every effort to see that the disturbance is
stopped.
H. Loudspeakers, Amplifiers For Advertising: No person shall operate or
permit the use or operation of any loudspeaker, sound amplifier, or
other device for the production or reproduction of sound on a street
or other public place for the purpose of commercial advertising or .
attracting the attention of the public to any commercial establishment
or vehicle.
I.
Adjacent To Schools, Churches And Hospitals: No person shall create
any excessive noise on a street, alley, or public grounds adjacent to any
school, institution of learning, church, or hospital when the noise
unreasonably interferes with the working of the institution or disturbs or
unduly annoys its occupants or residents and when conspicuous signs
indicate the presence of such institution. (Amended Ord. 230, 6-17-1997)
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5-6-3: HOURLY RESTRICTIONS ON CERTAIN OPERATIONS1:
A. Construction Activities: No person shall engage in or permit construction
activities involving the use of any kind of electric powered, diesel
powered or gas powered machine or other equipment which creates
noise that is audible at the property line, except between the hOLlfs of
seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
B. Other Permitted Activities:
1. The following acts or noises are permitted between the hours of ten
o'clock (10:00) P.M. and seven o'clock (7:00) A.M. daily:
a. Equipment used in connection with special events or activities
which are authorized, sponsored, permitted or approved in the city
by the City Council, so long as the activity is conducted pursuant to
the conditions of the license, permit or contract authorizing such
activity.
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, See also subsection 12-14-11A3 of this code. hours restricted for loading and unloading
materials near residential districts.
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b. Church bells, chimes or carillons, school bells, or emergency civil
defense warning signals.
c. Antitheft devices.
d. Machines or devices for the production of sound on or in
authorized emergency vehicles.
2. Noise created exclusively in the performance of emergency work to
preserve the public health, safety, or welfare, or in the performance of
emergency work necessary to restore a public service or eliminate a
public hazard shall be exempt from the provisions of this chapter for a
period not to exceed twenty four (24) hours after the work is commenced.
Persons responsible for such work shall inform the Zoning Administrator
or other city employee of the need to initiate such work or, if the work is
commenced during non-business hours of the city, at the beginning of
business hours of the first business day thereafter. Any person
responsible for such emergency work shall take all reasonable actions to
minimize the amount of noise. (Amended Ord. 230, 6-17-1997)
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5-6-4 :
RECEIVING LAND USE STANDARDS:
A. No person shall operate or cause or permit to be operated any source of
noise in such a manner as to create a noise level exceeding the limit set in
Table 1 for the receiving land use category specified when measured at a
point of normal human activity of the receiving land use.
TABLE 1. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS
Day Night
(7:00 A.M. -10:00 P.M.) (10:00 P.M. - 7:00 A.M.)
Land Use Districts L10 L50 L10 L50
Residential 65 60 55 50
Commercial 70 65 70 65
. Industrial 80 75 80 75
B.
These levels prescribed do not apply to noise originating on public streets
and alleys, but such noise shall be subject to other applicable sections of
this chapter. (Amended Ord. 230, 6-17-1997)
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5-6-5: ADMINISTRATION; TESTING PROCEDURES, STUDIES, AND
NOISE IMPACT STATEMENTS:
A. Administrative Officer: The noise control program established by this
chapter shall be administered by the City Administrator or designee.
B. Testing Guidelines: The city shall adopt guidelines establishing the test
procedures and instrumentation to be used in enforcing the provisions of
Section 5-6-4 of this chapter imposing noise standards. A copy of such
guidelines shall be kept on file in the Planning and Zoning Department
and shall be available to the public for reference during office hours.
C. Studies: The City Administrator or designee shall conduct such research,
monitoring, and other studies related to sound as are necessary or useful
in enforcing this chapter and reducing noise in the city. He or she shall
make such investigations and inspections in accordance with the law as
required in applying ordinance requirements.
o
Noise Impact Statement: The City Administrator or designee may require
any person applying to the city for a change in zoning classification or a
permit or license for any structure, operation, process, installation, or
alteration, or project that may be considered a potential noise source to
submit a noise impact statement on a form prescribed by the officer. He or
she shall evaluate each such statement and make appropriate
recommendations to the Councilor other agency or officer authorized to
take the action or approve the license or permit applied for. (Amended
Ord. 230, 6-17-1997)
5-6-6: ENFORCEMENT; PENALTIES:
D.
A. Notice Of Violation: When the city determines that a noise exceeds the
maximum sound level permitted under Section 5-6-4 of this chapter,
written notice of the violation shall be given to the owner or occupant of
the premises where the noise originates, and such person shall be
ordered to correct or remove each specified violation within such
reasonable time as is prescribed in the notice. The failure to remove or
correct any such violation within the time so prescribed constitutes a
violation of this chapter.
B. Civil Remedies: This chapter may be enforced by injunction, action for
abatement, or other appropriate civil remedy.
c.
Criminal Penalties: Any violation of this chapter involving the operation of
a motor vehicle is a petty misdemeanor and, upon conviction, the violator
shall be punished by a fine not to exceed one hundred dollars ($100.00).
o
@
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Every person who violates any other provision of this chapter is guilty of a
misdemeanor and shall, upon conviction, be punishable as provided in
Section 1-4-1 of this code. (Amended Ord. 230, 6-17-1997; amd. 2003
Code)
o
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C I T Y 0 F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Approve Sunshine Park Concession Proposal
DATE: April 3, 2007
INTRODUCTION
The Sunshine Park concession contract with C & H Enterprises expired October 31,2006. City
staff conducted a final inspection in late November and the deposit was returned to C & H
Enterprises. On January 2, 2007 the City Council authorized staff to do a Request for Proposals
(RFP) for the concessions at Sunshine Park.
DISCUSSION
The expired contract with C & H Enterprises was for three years (2004, 2005 & 2006). Staff
recommended that the City do a Request for Proposals (RFP) for the concessions at Sunshine
Park and evaluate proposals before entering into another longer term contract. The results of
that process along with the RFP are attached for the Council to review. Proposals were received
from the following organizations:
1 ~ Andover Athletic Association
2. Andover Baseball Association
3. C & S Concessions, Inc.
4. Andover Community Center
The City Council reviewed the proposals at the March 2ih Council Workshop and directed Staff
to proceed with the proposal from the Andover Community Center. It was also to be understood
that the City Finance Department would create a reserve fund for the excess revenue over
expenses from the concession operations and utilize those funds to support Sunshine Park.
ACTION REOUESTED
The City Council is requested to formally approve the Andover Community Center as the
concessionaire at Sunshine Park and authorize the appropriate expenditures outlined in the
proposal to facilitate the service.
---
CITY OF
NDOVE
o
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
REQUEST FOR PROPOSAL
EXCLUSIVE CONCESSION RIGHT AND PRIVLEEDGE TO OPERATE
CONCESSIONS FOR THE SUNSHINE PARK BALL FIELD COMPLEX LOCATED IN
THE CITY OF ANODVER
The City of Andover is requesting proposals for concessions services for its Sunshine Park ball
field complex. This proposal will grant the vendor exclusive rights for up to 3 years. Proposals
will be evaluated on the percentage of profits, rental funds, quality of service and any other
incentive the vendor can provide to the City to consider on this contract.
Length of Agreement
Up to three years from the signing of the agreement, this is anticipated to be in late March 2007.
o Equipment Service
Sunshine Park will provide equipment and fixtures such as a three-compartment sink, hand sink,
refrigerator, freezer, ice machine and counters.
The City expects that the successful respondent will provide all other necessary equipment
associated with this proposal to operate concessions at no cost to the City. The equipment must
be of the latest design and meet all applicable health codes. The blend of products will respond
to the tastes ofthe customers at Sunshine Park.
Concession Proposal
The respondent must include the following in the proposal:
. Formal business name, main contact person, telephone, email, & tax identification.
. Clearly indicate the length ofthe proposed agreement
. A complete list and description of products (no alcohol or tobacco products).
. A description of other related equipment.
. Describe the process for delivering concession services (staffing).
. Describe your ability to provide continual service with products and/or equipment in case of
failure or breakdown of equipment.
o · Provide information on rent proposed and/or profit sharing.
o
o
o
REQUEST FOR PROPOSAL
EXCLUSIVE CONCESSION RIGHT AND PRIVLEEDGE TO OPERATE
CONCESSIONS FOR THE SUNSHINE PARK BALL FIELD COMPLEX LOCATED IN
THE CITY OF ANODVER
A copy of a sample contract is attached and further details can be obtained by contacting Lee
Brezinka, Finance Manager, at 763-767-5115 or lbrezinka@ci.andover.mn.us. Proposals must
be received by 12:00 noon on Wednesday, March 19,2007.
The City reserves the right to reject any and all proposals.
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NDOVER
COn?n?vn;(y &nkr
The Andover Community Center is happy to submit the following proposal for operating
the concessions at Sunshine Park.
The concessions would be open and staffed according to the hours in the RFP.
Adjustments would be made once event schedules are reviewed.
o
The City of Andover would be responsible for insurance and all accounting. Staffwould
run daily reports and all deposits would run through the finance department.
The concessions would offer hot dogs, brats, nachos, soda, hot chocolate, coffee, candy,
popcorn, and ice cream, along with many other items.
BREAK DOWN
3-year contract.
90% of net sales would remain at Sunshine Park
10% of net sales would go to the ACC for Administration
Zero Profit Sharing
Erick Sutherland
Facility Manager - Andover Community Center
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
FROM:
Jim Dickinson, City Administrat . . J
Will Neumeister, Community Deve 0 ment Director t:Jki<r-.
SUBJECT: Approve Zoning Code Enforcement Policies - Comm. Development
April 3, 2007
INTRODUCTION
Based on new direction from the City Council at the workshop of March 27, 2007 the zoning code
enforcement guidelines have been updated as you see them detailed below. Staff has updated these
guidelines in order to address the myriad of questions and issues arising from a code enforcement
violation. This work involves a great deal of judgement and interpretation.
DATE:
DISCUSSION
Code enforcement staff will follow these written guidelines on code enforcement. The following will
be standard operating procedure on all code enforcement activities in the City of Andover:
1. Zoning Code enforcement action will be initiated by the City in response to citizen or Council
complaints, and also in situations where the CD Director and the City Administrator determine
there is an obvious violation of the City Zoning Code. If a complaint has been called in, staffwill
inspect the premises, require corrective action be taken on all code violations on the property.
2. Per City Code, if residential and accessory structures have an active building permit they will have
one year to [mish work on the exterior of the structure.
3. If a home that has a code violation is determined to be in foreclosure, staffwill make every effort
to contact the mortgage holder in writing and provide them pictures of the condition of the
property. Staffwill indicate that if corrective work is not completed within a given time frame, we
will begin the abatement process to bring the property into code compliance.
4. Complaints received shall be documented in writing and at minimum should include a name,
address and telephone number and specific nature of the code violation or complaint.
Complainants should have their anonymity protected by staff. The complainant should understand
that unless they provide their name, address and telephone number for City files, no action will be
taken. Council complaints taken by staff should also follow the same process.
5. Complaints must be verified by staff and should include: name of inspecting staff person, notes to
file, digital pictures, date, time and location in which the violation was observed.
6. Initial Code violation citation letters should be specific as to the violation, the corrective action to
be taken and should offer the violating property owner an opportunity to meet with staff to discuss
the violation within a specific number of working days.
7. All citation letters will be mailed through regular mail to the property owner.
8. The citation letter will allow ten days to take corrective action. Ifupon second inspection the
violation is not taken care of, they will be notified in writing that they will be given one additional
week to take corrective action. Then upon the third inspection, if they are not in full compliance,
the staffwill forward the case to the City Attorney's office for prosecution.
o
o
o
9. When a violation is being forwarded to the Attorney's office, the file should be up to date, noting
date, time, pictures of the ongoing violation, copies of 1 st and 2nd notice letters, pictures showing
the level of noncompliance upon the third visit to inspect the property.
10. If corrective action was taken by a property owner, the file should be properly documented. A
repeat offender will be re-inspected at 30 and at 60 days to assure that the site remains in
compliance. The enforcement officer shall determine at the 60 day follow up inspection that they
have no further code violations before the file is considered closed. If a significant relapse occurs,
staffwill forward the case to the City Attorney for prosecution.
11. Prior to any zoning code enforcement action being transmitted to the City Attorney's Office, the
Community Development Director must approve the requested legal action based on a personal
review of the case history. The review should ensure that the documentation supporting the City
action is complete.
12. If a complaint is found to be invalid, staff shall contact the complainant informing them of such
and documenting to the file both in writing and by photographing the property. Documentation to
the file should be maintained for future reference should a similar complaint be filed with another
staff member or department.
13. Respectful communications with citizens should be a primary consideration balanced by firmness
in meeting City requirements. Staff shall update the complaining party from time to time as to the
status of the code enforcement issue, and shall respond to inquiries in a prompt and timely manner.
Communications with both the complainant and alleged violator are encouraged to facilitate: a) an
understanding of the City's role in code enforcement; b) to suggest helpful, productive solutions to
the code enforcement issue under review in compliance with City codes. Each violation letter will
contain the City Hall phone number. The property owner will be encouraged to call and discuss
what needs to be done if they have any questions. .
14. For internal review and communication purposes, a monthly report will be prepared to identify all
outstanding code violations, relative status, and other pertinent data. Copies of the reports will be
transmitted to Council for review on the first of each month.
ACTION REOUESTED
The Council is asked to adopt these guidelines as acknowledgement of the methods and procedures that
staffwill follow in enforcing the City Code.
~~~
Will Neumeister
Community Development Director
c: Mayor and Council
Bill Hawkins, City Attorney
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Council Members
FROM:
Jim Dickinson, City Administrator
SUBJECT:
Approve Resolution of Support - Passenger Rail Service
DATE:
April 3, 2007
INTRODUCTION
At the March 6th Council meeting, Elwyn Tinklenberg of the Tinklenberg Group, representing the Anoka
County Regional Rail Authority (ACRRA), made a presentation to the Council on future initiatives of the
Authority, particularly as it would relate to passenger and inter-city rail services and how those initiatives
could impact the City of Andover. Further Discussion was held at the March 2761 Council Workshop.
DISCUSSION
Representing the Anoka County Regional Rail Authority, The Tinklenberg Group has been charged with
developing a grassroots effort to plan for and implement commuter and inter-city rail services between
the Twin Cities and Duluth. This work involves engaging communities, counties and the general public
along the Cambridge Corridor to generate support for the initiative as well as to recognize and capitalize
on the opportunities rail service can provide for economic development and enhanced quality oflife.
One of the items sought from the ACRRA is a resolution of support from each municipality along the
corridor. A resolution specific to the City of Andover is attached.
ACTION REQUESTED
The Council is request to approve the attached resolution of support for "Duluth to Tw.in Cities Passenger
Rail Service".
Attachment
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION OF SUPPORT FOR DULUTH TO TWIN CITIES
PASSENGER RAIL SERVICE.
WHEREAS, the City of Andover is a political subdivision and local
government unit of Minnesota organized/operating under the laws of the State of
Minnesota; and
WHEREAS, the City of Andover has knowledge of efforts underway to
restore passenger railroad service between Duluth and the Twin Cities; and
WHEREAS, the City of Andover recognizes the significance of passenger
rail service and other transportation modes throughout the State of Minnesota; and
o
WHEREAS, the City of Andover believes passenger rail service between
Duluth and the Twin Cities will benefit the region of Minnesota that includes the
City of Andover providing convenient, efficient and dependable travel.
NOW THEREFORE, BElT RESOLVED that the City of Andover hereby
supports the continued research of the restoration of passenger Jail service
between Duluth and the Twin Cities in anticipation that such restoration may lead
to future opportunities for a commuter rail station in the City of Andover
Adopted by the City Council of the City of Andover this
April , 2007.
3rd
day of
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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C1D
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Approve 2008 Budget Guidelines
DATE: April 3, 2007
INTRODUCTION
City Departments will soon start preparing for the 2008 Annual Operating Budget Development
process and is looking to the City Council to establish the Council's guidelines for the
preparation of the 2008 Annual Operating Budget.
DISCUSSION
Based on discussion at the March 27, 2007 Council Workshop, the following guidelines are
submitted as the 2008 Budget Development guidelines for your consideration:
1) A commitment to maintain or reduce the City Tax Capacity Rate, utilizing recent market
value growth to meet the needs of the organization and positioning the City for long-term
competitiveness, staffing and capital requirements through sustainable revenue sources and
operational efficiencies.
2) Development of a fmancial plan to appropriately structure the expenditure of bond proceeds
generated from the successful Open Space Referendum.
3) A fiscal goal that works toward establishing the General Fund balance for working capital at
no less than 35% of planned 2008 General Fund expenditures.
4) A commitment to limit the 2008 debt levy to no more than 25% of the gross tax levy and a
commitment to a detailed city debt analysis to take advantage of alternative financing
consistent with the City's adopted Debt Policy.
5) A comprehensive review of the condition of capital equipment to ensure that the most cost-
effective replacement schedule is followed. Equipment will be replaced on the basis of a cost
o benefit analysis rather than a year based replacement schedule.
o
6) A team approach that encourages strategic planning to meet immediate and long-term
operational, staffmg, infrastructure and facility needs.
7) A management philosophy that actively supports the implementation of Council policies and
goals, and recognizes the need to be responsive to changing community conditions, concerns
and demands in a cost effective manner.
ACTION REOUlRED
The Council is requested to approve the aforementioned 2008 Budget Development guidelines.
-----
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Approve Fire Relief Association Board Member Appointment
DATE: April 3, 2007
INTRODUCTION
At the March 6th City Council meeting the Council approved by-law changes for the Andover
Fire Relief Association. One of those changes was the addition of the appointment of a City
Councilmember to the relief association board.
DISCUSSION
The Council directed staff at the March 6th meeting to place the discussion of the appointment of
a councilmember to the Andover Fire Relief Association on a future workshop as an agenda
item. Discussion was held at the March 27,2007 Council Workshop and Councilmember Don
Jacobson volunteered to serve on the Fire Relief Association Board.
ACTION REOUESTED
The Council is requested to formally appoint Councilmember Don Jacobson to the Andover Fire
Relief Association Board.
.-----
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, City Engineer
SUBJECT: Award Bid/07-8/Andover Station North Ball Field Lighting - Engineering
DJ\TE: J\pril 3, 2007
INTRODUCTION
The City Council is requested to receive bids and award the contract for Project 07-8, Andover
Station North Ball Field Lighting.
DISCUSSION
Lighting the fields at Andover Station North was identified in the City's 2007-2011 Capital
Improvement Plan (CIP) for construction in 2007. The estimated project cost identified in the CIP
was $300,000. The project was bid with a base bid including the lighting of the westerly field,
conduits to both the westerly and center field and conduit extended for future scoreboards. The
alternate bid is to provide lights for the center field.
The City Council has the option to award the base bid only or award the base and alternate bid.
Staff recommends awarding both the base and the alternate bid to take advantage of the favorable
bid.
The bids received are as follows:
Contractor
Starry Electric, Inc.
Klein Electric
Killmer Electric
Forest Lake Contracting
Vinco, Inc.
Collisys Elec. Systems
Base Bid Amount
$139,832.00
$159,000.00
$164,620.00
$179,800.00
$211,864.60
$221,420.00
Total Amount
$256,817.00
$273,000.00
$276,162.00
$317,800.00
$326,033.51
$397,578.00
J\lt. #lAmount
$116,985.00
$114,000.00
$111,542.00
$138,000.00
$114,168.91
$176,158.00
Engineer's Estimate
$145,000.00
$125,000.00
$270,000.00
With the low bid the total project cost including design and indirect costs is $283,000.00.
Representatives from the Andover Baseball Association will be present at the meeting to discuss
funding needs to complete the concessions building relative to the alternate lighting bid.
Mayor and Council Members
April 3, 2007
o Page 2 of2
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BUDGET IMPACT
The project will be funded by Park hnprovement Funds.
ACTION REQUIRED
The City Council is requested to approve the resolution accepting bids and awarding the contract to
Starry Electric, Inc. in the amount of $256,817.00 (base and alternate bid) for Project 07-8, Andover
Station North Ball Field Lighting.
cS::IO;~ J,~7-
David D. Berkowi~~~
Attachments: Resolutio~ Bid Tabulatiot
cc: Dan Masloski, Park & Recreation Commission Chairman
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 07-8 FOR ANDOVER STATION NORTH
BALL FIELD LIGHTING.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
021-05 ,dated February 20,2007, bids were received, opened and tabulated
according to law with results as follows:
Contractor
Starry Electric, Inc.
Klein Electric
Killmer Electric
Base Bid Amount
$139,832.00
$159,000.00
$164,620.00
All. #1Amount
$116,985.00
$114,000.00
$111,542.00
Total Amount
$256,817.00
$273,000.00
$276,162.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Starry Electric. Inc. as being the
apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Starry Electric. Inc. in the amount of $256.817.00 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 Council member
City Council at a reaular meeting this 3rd
Council members
of the resolution, and Council members
against, whereupon said resolution was declared passed.
and adopted by the
day of April , 2007 , with
voting in favor
voting
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Victoria Volk - City Clerk
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
CC:
Jim Dickinson, City Administrator
Will Neumeister, Community Development Director
SUBJECT:
Andy Cross, Associate Planner ~
Consider Conditional Use PermitlFarm Winery/3482 1 65th Lane NW - Planning
FROM:
DATE:
April 3, 2007
INTRODUCTION
Mark Hedin has applied for a Conditional Use Permit (CUP) to run a farm winery on his property.
DISCUSSION
The Council recently adopted Ordinance 339, which regulates Farm Wineries (see attached). Under these new
provisions, Mr. Hedin has come forward with an application to start a farm winery on his 2.5-acre lot.
o
The new regulations control lot size and zoning requirements, retail operations, and production limits for
farm wineries. Production limits must be specified for each farm winery application and included as a
condition on all permits. The applicant's property meets the requirements for zoning district, lot size, and
setbacks. Mr. Hedin indicates he is comfortable with a production limit ofl,OOO gallons each year. As such,
the attached Resolution contains that condition.
Planning Commission Recommendation
At their March 27 meeting, the Planning Commission unanimously recommended approval of the Conditional
Use Permit request, subject to the applicant following the provisions of Section 12-9-12 of the City Code.
ACTION REOUESTED
The City Council is asked to approve the Conditional Use Permit for the Farm Winery.
Respectfully ~u~~
Andy Cross ~~
Cc: Mark Hedin, 3482 165th Lane NW, Andover, MN 55304
o
Attachments
Resolution
Location Map
City Code reo Farm Wineries (Ord. 339)
Letter from Applicant
Minutes from March 27,2007 Planning Commission Meeting
o
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A FARM
WINERY AT 3482 1 65th AVENUE NW, LEGALLY DESCRIBED AS:
Lot 3, Block 4, Timber Meadows Second Addition, Anoka County, Minnesota
WHEREAS, Mark D. Hedin has requested approval of a conditional use permit for a farm winery on the
subject property, and;
WHEREAS, the Planning Commission has reviewed the request and has determined that said request
meets the criteria of City Code 12-14-6 Conditional Uses and 12-9-12 Farm Wineries, and;
WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health,
safety, and general welfare of the City of Andover, and;
WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional Use
Permit request;
Q NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees
with the recommendation of the Planning Commission and approves the Conditional Use Permit for a
farm winery, subject to the following conditions:
1) The farm winery shall have an annual wine production limit of 1,000 gallons.
2) The farm winery shall comply with all regulations listed in City Code 12-9-12.
3) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6.
Adopted by the City Council of the City of Andover on this 3rd day of April, 2007.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
Victoria V olk, City Clerk
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 339
AN ORDINANCE AMENDING SECTIONS 12-2, 12-9 AND 12-12 OF CITY CODE OF THE CITY
OF ANDOVER
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS
(strike"outs shall indicate sections to be deleted, underlining shall indicate sections to be added):
CIIT CODE TITLE 12: ZONING REGULATIONS
CHAPTER 2: RULES AND DEFINITIONS
SECTION 2: DEFINITIONS
Fann Wineries - A rural residential property that is a minimum of2 Yz acres in size. where the owner is
engaged in making of table. sparkling. or fortified wines from grapes. grape iuice. other fruit bases. in
conformance with State Statutes and Federal Laws.
o
CHAPTER 9: HOME OCCUPATIONS
12-9-12: . FARM WINERIES: The following provisions shall applv to all fann wineries that are considered
home occupations under the Conditional Use Permit process:
A. Fann wineries which shall be allowed on 2 Yz acre or larger parcels in the R-L R-2 and R-3
Zoning Districts.
B. Fann wineries shall follow the standard building setbacks for the applicable Zoning District.
C. Whether conducted in a principal or accessorY structure. a fann winerY shall not be operated
as a retail store (i.e. no retail displavs will be allowed).
D. Fann wineries shall be allowed only six on-site customer sales per day. All other sales will
need to be made bv the internet/telephone and mailed or shipped to the buver.
E. Fann wineries shall be subiect to production limits on the amount of wine produced on-site
each year. as specified in the Conditional Use Permit.
F. Other Reoilirements including but not limited to: All provisions of Section 12-9-2 and 12-9-
7 of this chapter.
G. Termination of Use Upon Sale of Property: Upon sale of the premises for which the
Conditional Use Permit is granted, such permit shall terminate.
o
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CHAPTER 12: PERMITTED, CONDmONAL, AND PROHIBITED USES
Zoning Districts
Permitted,
Conditional, and
Prohibited Uses
R-l R-2 R-3 R-4 R-5 M-1 M-2 GR 'LB NB SC GB I
Farm Wineries C C C
(subject to City
Code 12-9-12)
Adopted by the City Council of the City of Andover on this 20th day of February, 2007.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache, Mayor
o
Vicki V olk, City Clerk
o
-s-
o
Mark D. Hedin
White Rabbit Vineyards & Winery
3482 I 65th Lane NW
Andover, MN 55304
RECEIVED
MAR 7 2007
March 7, 2007
CITY OF ANDOVER
Dear Planning and Zoning Commission and Council members,
Enclosed is my application for a Conditional Use Permit to operate a licensed Farm Winery
under Andover City Ordinance Home Occupations 12-9-12.
I currently operate a vineyard with over 350 grape vines, 250 feet of raspberry bushes, 100 feet
of rhubarb, and 5 apple trees growing on my property. I grow these to make up to 200 gallons of
wine each year for family use and gifts for friends and clients.
I have come to the point where more people would like to obtain my wine than I can
manufacture under Federal law as a home winemaker, 200 gallons/year. Nor can one bottle be
sold without Federal licensing and State regulation.
o Having made wine since 1988, and with many blue ribbons at the State and County Fairs, I
would like a Conditional Use Permit to operate a Farm Winery as defined and regulated by
Federal and State statutes, as regulated by Andover city code. All Federal, State and City laws
will be followed. Most sales will be by internet, phone, or word of mouth. There will be no
"office hours", and only incidental sales on site. I expect my neighbors will not see any evidence
of a business in the neighborhood. While signage is allowed, I don't expect to have any.
If the city feels it must regulate the number of gallons of wine produced each year, I would be
comfortable with 1,000 gallons, with the understanding that this could be reviewed in the future
by city staff if need be.
Sincerely,
M2JL-
Mark D. Hedin
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Enc:
Plat map of neighborhood
Satellite photo of surrounding area
Neighbors' Acceptance petition
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We have no objections to Mark Hedin operating a licensed Farm Winery
out of the existing buildings at 3482 16Sth Lane NW, Andover, MN.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 27, 2007
Page 3
PUBLIC HEARING: CONDITIONAL USE PERMIT (07-05) TO ALLOW A FARM
WINERY FOR PROPERTY LOCATED AT 3482165TH LANE NW.
Mr. Cross explained Mark Hedin has applied for a Conditional Use Permit (CUP) to run a
farm winery on his property.
Mr. Cross discussed the staff report with the Commission.
Motion by Casey, seconded by Holthus, to open the public hearing at 7:16 p.m. Motion
carried on a 5-ayes, a-nays, 2-absent (Daninger, Cleveland) vote.
There was no public input.
Motion by Casey, seconded by Walton, to close the public hearing at 7:17 p.m. Motion
carried on a 5-ayes, a-nays, 2-absent (Daninger, Cleveland) vote.
Commissioner Kirchoff asked if the 1,000 gallon limit was set in their ordinance or only
for this particular CUP. Mr. Cross stated the 1,000 gallon limit is for this application
only and future production limits will be reviewed on a per application basis.
Motion by Walton, seconded by Casey, to recommend to the City Council approval of
the farm winery application for a Conditional Use Permit. Motion carried on a 5-ayes, 0-
nays, 2-absent (Daninger, Cleveland) vote.
Mr. Cross stated that this item would be before the Council at the April 3, 2007 City
Council meeting.
HEARING: CITY CODE AMENDMENT TO DELETE SECTION 12-14-6-
CITY CODE AND REVISE SECTION 12-12 "PERMITTED USES".
Mr. Cross stated this de revision summarizes the discussion that took place at the
February 27,2007 Planm Commission Workshop.
Mr. Cross discussed the staff repo
Commissioner Holthus indicated she liked t . because it was efficient.
Motion by Walton, seconded by Falk, to open the pub' hearing at 7:21 p.m. Motion
carried on as-ayes, O-nays, 2-absent (Daninger, Cleveland te.
There was no public input.
Motion by Walton, seconded by Casey, to close the public hearing at 7:21 p.m.
carried on as-ayes, O-nays, 2-absent (Daninger, Cleveland) vote.
7~~
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@
CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
Will Neumeister, Community Developme
FROM: Courtney Bednarz, City Planne4k
SUBJECT: Consider Preliminary Plat/Smith Addition/17919 Tulip Street NW-Planning
DATE: April 3, 2007
INTRODUCTION
The Council is asked to review a preliminary plat that will create one additional lot and adjust the
property line of adjacent property at 17987 Tulip Street NW. The lot line adjustment enlarges
the lot addressed as 17987 Tulip Street. This plat includes all the land of both 17919 Tulip Street
and the lot it surrounds (17987 Tulip St.). The third lot in the plat (the new lot) will have its
access to a public road via Quay Street.
DISCUSSION
Conformance with Local Plans
The proposal is consistent with the Rural Residential Land Use Classification and Single Family
Suburban Residential (R-3) Zoning District that exist on the subject property. Please note that
while the R-3 Zoning District formerly allowed lots of20,000 square feet, the minimum lot size
for all lots without municipal.sewer and water has been 2.5 acres since 1978. The proposal and
sketch of future development conforms to the present requirements.
Access and Potential Future Development
Access will continue to be provided from Tulip Street for the two existing homes. It is the
applicant's intent to create a lot for their existing home at 17919 Tulip Street NW and to sell the
residual parcel.
Access to the residual parcel will need to be provided from Quay Street to the south. Sixty-six
feet of combined right-of-way and easement exist for this street as shown on the attached plat.
However, the street has not been constructed north of 1 78th Lane at this time. Further
development of this parcel will need to be reviewed as a part of a future plat proposal. A sketch
of future subdivision potential, including a street extension through the residual parcel and to the
east property line, is included on the attached plat. Quay Street will be required to be constructed
from where it presently exists when the property is further subdivided.
In the event that a building permit for one house is requested prior to further subdivision of the
residual parcel and that house would be more than 150 feet from existing Quay Street NW, an
access drive that conforms to the requirements of City Code 9-3-4 will be required. The access
drive would ensure that emergency vehicles would be able to reach a new home. If this occurs,
o
a portion ofthe driveway will be removed at the time that Quay Street is constructed. City Code
12-5-4 will allow the city to ensure that a new house would not obstruct future extension of Quay
Street.
Lots
Each of the proposed lots will meet the minimum lot width, depth and area requirements of the
R-l Zoning District.
Buildability Requirements
The site contains no wetlands or floodplain and has soils that are suitable for home construction.
A site that meets the buildability requirements of City Code 11-3-3 has been demonstrated for the
proposed vacant lot. If further subdivision of this lot is proposed in the future, each new lot will
also be required to demonstrate buildability.
Additional Right-of-Way
The east half of Tulip Street right-of-way is presently 33 feet wide. The plat indicates that an
additional 27 feet of right-of-way will be provided for Tulip Street NW. This will satisfy the
typical county road right-of-way requirement (120 feet total, 60 feet on each side of the
centerline).
o
It should also be noted that the surveyor has found that the title of the subject property includes a
0.53 acre residual parcel along 181 st Avenue NW to the north of Tracts B-E ofR.L.S. No.7.
This area will also be dedicated to Anoka County as right-of-way for 18lst Avenue as shown on
the attached plat.
Existing House
The existing house at 17919 Tulip Street NW will be below the 50 foot minimum building
setback from a county road after the additional 27 feet of right-of-way is dedicated to Anoka
County. As shown on the plat, the existing home will be 27 feet from the new front property
line. As a result, the home will be considered legal nonconforming. This means that it can
continue to be used as it presently exists. However, if the home were to be damaged beyond 50%
of its assessed value, it would be required to be removed and a new home constructed in
compliance with the 50 foot front yard setback as provided in City Code 12-10-4 B.
It should be noted that with legal nonconforming status, the city will not be able to issue a
building permit to expand the existing structure as provided in City Code 12-10-3 B. In light of
this, the applicant has requested and staff recommends that a variance be granted to the front yard
setback to allow the existing house to be expanded in any direction that would not encroach
further toward Tulip Street NW. The variance should stipulate that if the house is damaged
beyond 50% of its assessed value that it would be required to be removed and any new home
constructed in compliance with the 50 foot front yard setback. The extra right-of-way and
additional setback constitute an "undue hardship" and should be used as findings to grant the
variance as requested.
o
Tree Protection Plan
The site has been farmed for years. Trees exist around the two houses and near the south end of
the property. No trees will need to be removed as a part of the proposed plat.
2
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Easements
Typical rural lot easements (ten feet around the perimeter of each lot) are proposed to be
provided.
Park Dedication
A park dedication and trail fee will be required for the residual lot. Additional park dedication
and trail fees will be required for new lots if the vacant lot is subdivided further in the future.
Anoka County Highway Department
A copy of the plat and a request for review comments was sent to the Anoka County Highway
Department on December 28, 2006. No comments have been received.
Planning Commission Recommendation
The Planning Commission unanimously recommended approval of the proposed preliminary
plat, including the variance for the existing house, subject to the conditions of the attached
resolution.
Attachments
Resolution
Location Map
Preliminary Plat
Aerial Photograph
Planning Commission Minutes
ACTION REOUESTED
The Council is asked to approve the proposed plat and make any modifications to the resolution
it feels are necessary.
Cc: David and Helen Smith, 17919 Tulip Street NW
3
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "SMITH ADDITION" FOR
PROPERTY LOCATED AT 17919 AND 17987 TULIP STREET NW AND LEGALLY
DESCRIBED AS:
The Northwest Quarter of the Northeast Quarter (NW1/4 ofNE1/4) except the following
portions of the said Northwest Quarter of the Northeast Quarter (NW1/4 ofNE1/4) to-wit:
Commencing at the Northwest corner of the said Northwest Quarter of the Northeast Quarter
(NW1/4 ofNE1/4) thence South along the west line thereof 14 rods, thence east 12 rods, thence
north 14 rods, thence west 12 rods to the place of beginning; all in Section Five (5), Township
Thirty-two (32), Range Twenty-four (24) according to the United States Government Survey
thereof;
AND EXCEPT
That part of the Northwest Quarter of the Northeast Quarter (NW1/4 ofNEl/4) of Section Five
(5), Township Thirty-two (32), Range Twenty-four (24), Anoka County, Minnesota described
as follows:
Commencing at a point on the North line of said Northwest 1/4 of the Northeast 1/4 distant
198 feet East from the Northwest corner of said Northwest 1/4 of the Northeast 1/4; thence
East along said North line to a point 852 feet East of the Northwest corner of said NW1/4 of
the NE1/4; thence South and parallel to the West line of said NW 1/4 of the NE1/4 a distance of
300 feet; thence West and parallel with the North line of said NW1/4 of the NE1/4 to a point
198 feet East ofthe West line of said NW1/4 ofNE1/4, thence North and parallel to the West
line of said NWl/4 of the NE1/4 a distance of300 feet to the point of commencement.
AND EXCEPT
That part of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) now known as
Tracts A, B, C,D, and E, Revised Registered Land Survey No.7, files ofthe Registrar of
Titles, County of Anoka,
AND EXCEPT
The South 69 feet of the North 300 feet ofthe West 198 feet of the Northwest Quarter of
the Northeast Quarter (NW1/4 ofNE1/4) of Section Five (5), Township Thirty-two (32), Range
Twenty-four (24), Anoka County, Minnesota, as measured along the West and North lines of
said quarter-quarter.
Tract A, Revised Registered Land Survey No.7, files of the Registrar of Titles, County of
4
Q Anoka.
Tract A, Registered Land Survey No. 47, files of the Registrar of Titles, County of
Anoka, State of Minnesota.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission has conducted a public hearing on said plat; and
WHEREAS, the applicant has petitioned to vary from City Code 12-4-5 to allow a
variance to the required 50 foot front yard setback from Tulip Street NW; and
WHEREAS, it is recommended that a variance be granted to allow the existing home at
17919 Tulip Street NW to be expanded in any direction that does not further encroach toward
Tulip Street NW. If the existing house is damaged beyond 50% of its assessed value it shall be
required to be removed and reconstructed in compliance with all applicable setbacks.
WHEREAS, the Planning Commission finds the additional 27 feet of right-of-way
dedicated as a part of this plat causes the front yard setback of the existing home to be reduced
below the required 50 feet, through no fault of the owner; and
o WHEREAS, as a result of such public hearing, the Planning and Zoning Commission
recommends to the City Council the approval of the plat and variance to the front yard setback;
and
WHEREAS, the City Council finds that the variance will not be detrimental to the health,
safety, welfare or values of the surrounding properties. The additional right-of-way dedicated as
a part of the plat constitute an "undue hardship" and the fmding to grant the variance requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation ofthe Planning and Zoning Commission and approves the
preliminary plat with the following conditions:
1. The Preliminary Plat shall conform to the plans revised February 21,2007 and stamped
received by the City of Andover on March 6,2007.
2. Park dedication and trail fees shall be paid for one lot. Additional subdivision of the
subject property in the future shall be subject to addition park dedication and trail fees.
3. A variance is granted to allow the existing home at 17919 Tulip Street NW to be
expanded in any direction that does not further encroach toward Tulip Street NW. If the
existing house is damaged beyond 50% of its assessed value it shall be required to be
o removed and reconstructed in compliance with all applicable setbacks.
4. The lot line between 17987 Tulip Street and 17919 Tulip Street shall be adjusted as
shown on the plat.
5
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5. Quay Street NW shall be required to be constructed north from l78!h Lane NW at the
time Lot 3, Blockl is further subdivided. Any driveway existing within right-of-way or
easement for Quay Street NW shall be removed at the time Quay Street is constructed.
6. Dedication of additional 27 feet of right-of-way for Tulip Street as shown on the plat; and
compliance with all Anoka County Highway Department requirements. Also dedication
ofa 0.53 acre residual parcel along l81S! Avenue NW to the north of Tracts B-E ofR.L.S.
No.7 shall be dedicated to Anoka County as a part of this plat approval .
7. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines and a development agreement acceptable to the City Attorney. A financial
guarantee will be required as a part of this agreement to assure typical subdivision
improvements will be completed.
Adopted by the City Council of the City of Andover this _th day of
,2007.
CITY OF ANDOVER
ATTEST:
Victoria V olk, City Clerk
Michael R. Gamache, Mayor
6
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PLANNING AND ZONING COMMISSION MEETING - MARCH 27,2007
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was
called to order by Acting Chairperson Kirchoff on March 27,2007,7:00 p.m., at the
Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota.
Commissioners present:
Commissioners Tim Kirchoff, Michael Casey, Valerie
Holthus, Devon Walton (arrived at 7:04 p.m.), Douglas
Falk and Dennis Cleveland (arrived at 7:24 p.m.).
Commissioners absent:
Chairperson Dean Daninger.
Also present:
City Planner, Courtney Bednarz
Associate Planner, Andy Cross
Others
o
APPROVAL OF MINUTES.
February 27,2007
Motion by Casey, seconded by Falk, to approve the minutes as presented. Motion carried
on a 4-ayes, O-nays, 3-absent (Daninger, Cleveland, Walton) vote.
PUBLIC HEARING: PRELIMINARY PLAT OF A SINGLE FAMILY RURAL
RESIDENTIAL PROPERTY TO BE KNOWN AS THE SMITH ADDITION
LOCATED AT 17919 TULIPSTREETNW.
Mr. Bednarz summarized the staff report.
Commissioner Walton arrived at 7:04 p.m.
o
Commissioner Holthus wondered what the current land use was for this property and
what zoning district was it in. Mr. Bednarz explained the land use district is Rural
Residential was and the corresponding zoning is R-3, Single Family Suburban. He stated
this was an older zoning district that formerly allowed 20,000 square foot lots. Since
1978 the minimum lot size has been 2.5 acres.
o
Regular Andover Planning and Zoning Commission Meeting
Minutes - March 27, 2007
Page 2
Commissioner Falk asked on 1 781h, there is an empty lot on the southeast corner and he
wondered if that was the same thing that happened on the northwest corner. Mr. Bednarz
stated it was. He stated from an old land survey there are a couple of tracts that are
divided but still owned by the same property owner. He stated with the plat they will all
be joined to eliminate the extra properties.
Commissioner Holthus stated when this property is split, will the zoning need to be
changed to R-4 or will it remain R-3 and will that affect how it is developed in the future
if it is subdivided again. Mr. Bednarz stated the R-3 zoning will remain on the property
regardless if it is developed in the future or not.
Commissioner Falk asked how far from the MUSA was the property. Mr. Bednarz
explained it was around 2 to 3 miles from the MUSA boundary and the city does not have
capacity to serve the property with sewer and water.
Motion by Casey, seconded by Holthus, to open the public hearing at 7:11 p.m. Motion
carried on as-ayes, O-nays, 2-absent (Daninger, Cleveland) vote.
There was no public input.
o
Motion by Casey, seconded by Falk, to close the public hearing at 7:12 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent (Daninger, Cleveland) vote.
Mr. Kirchoff asked if the commission needed to make findings for the variance.
Mr. Bednarz stated that the additional right-of-way proposed to be dedicated with the plat
creates the hardship and is included as a finding in the resolution.
Motion by Walton, seconded by Casey, to recommend to the City Council approval of
the proposed preliminary plat subject to the conditions of the attached resolution. Motion
carried on as-ayes, O-nays, 2-absent (Daninger, Cleveland) vote.
Mr. Bednarz stated that this item would be before the Council at the April 3, 2007 City
Council meeting.
PUBLIC HEARING: CONDITIONAL USE PERMIT (07-05) TO ALLOW A FARM
WINERY FOR PROPERTY LOCATED AT 3482165TH LANE NW.
Mr. Cross explained Mark Hedin has applied for a Conditional Use Permit (CUP) to run a
farm winery on his property.
Mr. Cross discussed the staff report with the Commission.
o
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO:
Mayor and Councilmembers
Director wL
CC:
Jim Dickinson, City Administrator
Will Neumeister, Community Develop
FROM:
Andy Cross, Associate PlannerAiX
SUBJECT:
Consider City Code Amendment/Deleting Code Section 12-14-6A-5 (continued) - Planning
DATE:
April 3, 2007
INTRODUCTION
This Code revision summarizes the discussion that took place at the February 2ih Planning
Commission Workshop.
o
DISCUSSION
Two options were presented to the Commissioners and the recommendation was to delete the
paragraph l2-l4-6-A-5 regarding discretionary Conditional Use Permits. Staff will rely on the
footnote that resides on the Permitted Uses Table in Chapter 12-12 of the City Code.
It was further recommended that staff make the footnoted information on the table more accessible
to the general public. To this end staffhas inserted a comment in the Legend of the Permitted Uses
Table that directs readers to the footnotes at the end (see attachment).
Planning Commission Recommendation
At their March 27,2007 meeting, the Planning Commission unanimously recommended approval of
this change to the City Code.
ACTION REOUESTED
The City Council is asked to approve this Code Amendment.
Respectfully submitted,
~a
Andy Cross
o
Attachments
Resolution
Planning Commission Minutes - 2.27.07 Workshop
Planning Commission Minutes - 3.27.07 Meeting
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CITY CODE TITLE 12-14-6 "CONDITIONAL USES" TO
DELETE SECTION A-5 AND AMEND TITLE 12-12 "PERMITTED, PROHIBITED, AND
CONDITIONAL USES" TABLE
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS
(strike-outs shall indicate sections to be deleted, underlining shall indicate sections to be added):
12-14-6: CONDITIONAL USES:
A. General Provisions:
1. Conditional Use Permits may be granted or denied in any district by
action of the City Council.
2. The Community Development Director shall maintain a record of all
Conditional Use Permits issued including information on the use,
locations, conditions imposed by the City Council, time limits, review
dates, and such other information as may be appropriate. A copy ofthe
Conditional Use Permit shall also be filed with the Building Official.
(Amended Ord. 8, 10-21-1970; amd. 2003 Code)
3. Any change involving structural alteration, enlargement, intensification
of use, or similar change not specifically permitted by the Conditional Use
Permit shall require an amended Conditional Use Permit, and all
procedures shall apply as if a new permit were being issued.
4. All uses existing at the time of adoption of this title (October 21, 1970)
shall be considered as having a Conditional Use Permit which contains
conditions which permit any land use and structures as they existed on
said date, and any enlargements, structural alterations, or intensification of
use shall be required to amend their Conditional Use Permit through the
process provided in this section. (Amended Ord. 314 10-4-2005)
5. Certain uses, v/hile generally not &l:1itable in a particular zonmg district,
may, ooder some eircumstanees, be suitable. When sueh eircumsta:a.ees
e~cist, a Conditional Use Permit may be graRted. ConaitioBS may be
apfllied to issl:lance of the permit, a:a.d a periodie review of the permit may
be req1:lired. The permit shall be granted f{)r th.at partiewar use and not for
a partieular person or firm. The eancellation of a Conditional Use Permit
shall be eOBsidered aElministratively eqilivalent to a rezoning, and the
same requirements and proeeGlH"es shall apply.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - February 27, 2007
Page 6
WORK SESSION:
~A.
Consider Amendment to City Code l2-l4-6A.5 Discretionary Conditional Use
Permits.
Mr. Cross stated the City Council directed the Planning Commission and staff to simplify
the attached proposed amendment to the City Code regarding Conditional Uses.
Mr. Cross discussed the proposed amendment with the Commission.
Commissioner Kirchoff wondered if the City Attorney felt this was too open ended. Mr.
Cross stated the City Attorney thought it was too ambiguous. He stated the paragraph has
never been out of the code but the City Attorney has recommended it be deleted.
Commissioner Falk asked how the City Attorney felt about the revised paragraph number
five. Mr. Cross stated he has not seen the changes yet but he did not like the original
paragraph five and thought it should be deleted.
Commissioner Walton wondered what version of l4-6a.5 the Council looked at. Mr.
Cross stated they looked at staff s new proposed changes.
o
Commissioner Kirchoff thought it was their understanding that the last time they looked
at this, they wanted to leave the paragraph in to allow some leeway for the Council to be
able to grant conditional use permits. If the paragraph was not in there, it may limit them.
Commissioner Holthus thought originally it was too open ended, so their directive was to
tighten things up and make it so the decisions could be more consistent. Mr. Cross stated
that was correct. They were asked to make more criteria.
Mr. Cross explained what the Council requested the Planning Commission try to do with
the paragraph. Mr. Bednarz stated when the Council and Attorney reviewed this with the
six criteria, they found it to be too loose and open ended. The attorney did comment that
they have a footnote in the uses table that does allow them to consider a use based on the
similarity of others allowed. The City Attorney felt the flexibility already existed in the
footnote. The six criteria are predicated by a commercial or industrial district, which is
pretty open and could be any use. The footnote in the table allows them to compare
similar uses strictly within the same zoning district.
Mr. Cross indicated the proposed changes were meant to replace paragraph five.
o
Commissioner Cleveland did not think it was a really good idea to rely on a footnote to a
table if he was an applicant. He would not be looking at footnotes to tables; he would be
looking at codes. He noted he would be more comfortable if this were in the code instead
of a footnote in a table. Mr. Cross stated one important thing is that the table is an
official part of the code.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - February 27, 2007
Page 7
Commissioner Falk wondered if the Valley Pools and Spas applicant was confused by the
existing language in the Code. Mr. Cross stated he was not and saw very clearly an
opportunity to present his proposal under paragraph 5.
Chairperson Daninger sensed they were trying to [rod that one idea to move this forward.
He thought maybe Commissioner Cleveland's idea to move some verbiage and delete the
paragraph would work.
Commissioner Kirchoff wondered if they should repeat the footnote elsewhere in the
ordinance and leave the footnote where it is. Chairperson thought that might work and
delete paragraph five along with items one through six.
Commissioner Kirchoff stated anyone coming in for a Conditional Use Permit may want
to look at the table to see if their proposal would apply and then later look at specific
language. He thought this may be an easier way to do this.
o
Commissioner Kirchoff stated in looking at the table footnotes, where else would
footnote one exist besides the table. Mr. Cross stated that is the only place it exists.
Commissioner Kirchoff thought it did not stand out very well and thought they could
bring it forward in order to find it easier.
Commissioner Holthus wondered if when an applicant comes in, does staff help them
with questions regarding the code or do they look at the code by themselves. Mr. Cross
stated staff helps them as much as they need.
Commissioner Cleveland asked if they eliminate paragraph five, what they will do with
the six criteria. Mr. Cross stated the criteria were meant as a full replacement to
paragraph five. .
Commissioner Walton thought they needed to restructure the line regarding Christmas
tree sales to include other outside sales. He stated conditional use sales are the only thing
that is ambiguous but that is the flexibility they need. He wondered if they reiterated
footnote one under permitted conditional and prohibited uses before they get to any of the
boxes. Everything else is pretty much black and white. Permitted uses have discretion
by the Council and there is flexibility but the Council has the final decision. Then they
could delete paragraph five.
Councilmember Holthus thought they should keep all the footnotes together because
people know what a footnote is and will go to the footnote when needed.
o
Chairperson Daninger asked ifthe Commission was in agreement with taking out
paragraph five and leaving the six proposed changes. Commissioner Walton thought
they decided at the first meeting they wanted to leave paragraph five in but wanted some
changes to it but now that the City Attorney has thought the language works for him and
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Regular Andover Planning and Zoning Commission Meeting
Minutes - February 27, 2007
Page 8
there is some flexibility they want. He thought as long as they agree with the City
Attorney and they find something to replace it, they could delete paragraph five.
Chairperson Daninger would rather leave this as a footnote and make them more visible
such as highlighting them or an easier path to find.
The Commission discussed how they could make the footnotes more prominent such as
reformatting the text to make it more readable.
Chairperson Daninger thought the Commission was in agreement to delete paragraph
five. He indicated staff could look at how they could simply this or make it more
readable to the public.
o
Mr. Bedri updated the Planning Commission on related items and decisions by the
City Council previous Planning Commission items.
Mr. Bednarz mentio ed that they will have a Joint Worksession with the City Council in
April.
ADJOURNMENT.
Motion by Kirchoff, seconded by Falk, adjourn the meeting at 8:35 p.m. Motion
carried on a 7-ayes, O-nays, O-absent vote.
Respectfully Submitted,
Sue Osbeck, Recording Secretary
TimeSaver Of/Site Secretarial, Inc.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - March 27, 2007
Page 3
Motion by Case seconded by Walton, to close the public hearing at 7: 17 p.m. Motion
carried on as-ayes, s, 2-absent (Daninger, Cleveland) vote.
Commissioner Kirchoff asked 1 1,000 gallon limit was set in their ordinance or only
for this particular CUP. Mr. Cross sta' the 1,000 gallon limit is for this application
only and future production limits will be re' ed on a per application basis.
Motion by Walton, seconded by Casey, to recommen the City Council approval of
the farm winery application for a Conditional Use Permit. tion carried on a 5-ayes, 0-
nays, 2-absent (Daninger, Cleveland) vote.
Mr. Cross stated that this item would be before the Council at the April 3,
Council meeting.
--;7'
PUBLIC HEARING: CITY CODE AMENDMENT TO DELETE SECTION 12-14-6-
A-5 OF THE CITY CODE AND REVISE SECTION 12-12 "PERMITTED USES".
Mr. Cross stated this Code revision summarizes the discussion that took place at the
February 27,2007 Planning Commission Workshop.
Mr. Cross discussed the staff report with the Commission.
Commissioner Holthus indicated she liked this because it was efficient.
Motion by Walton, seconded by Falk, to open the public hearing at 7:21 p.m. Motion
carried on as-ayes, O-nays, 2-absent (Daninger, Cleveland) vote.
There was no publiC input.
Motion by Walton, seconded by Casey, to close the public hearing at 7:21 p.m. Motion
carried on as-ayes, O-nays, 2-absent (Daninger, Cleveland) vote.
Motion by Walton, seconded by Casey, to recommend to the City Council approval of
the proposed Code Amendment. Motion carried on as-ayes, O-nays, 2-absent (Daninger,
Cleveland) vote.
Mr. Cross stated that this item would be before the Council at the April 3, 2007 City
Council meeting.
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Discussl Approve Naming Trail Segment
DATE: April 3, 2007
INTRODUCTION
A request has been made to name a section of the Andover Trail System in honor of a past now
deceased Park and Recreation Commissioner, Tom Anderson. The request is being made by
Mayor Gamache.
DISCUSSION
In special situations there may be a desire to name a park, park facility or trail in honor of an
individual or group who has had a significant positive impact on the city in some fashion. This
may include memorials to someone who has passed on, as well as individuals sti1lliving. The
attached policy (approved September 5, 2006) guides the process and identifies specific criteria
to be met prior to consideration.
Upon review by staff, the attached request and narrative meet the basic criteria of the "Policy for
Naming and Renaming of Parks, Park Facilitjes, and Trails" and can be brought forward to the
Park and Recreation Commission on March 15,2007 for consideration and recommendation
(minutes attached). The Park and Recreation Commission were unanimous in recommending to
the City Council that a trail segment be named in honor of Tom Anderson.
ACTION REOUESTED
The City Council is requested to discuss the merits of the attached request and consider the
naming of a City of Andover Trail segment in honor of Tom Anderson.
Attachments
Policy for Naming and Renaming of Parks, Park Facilities, and Trails
Email and Request from Mayor Gamache
Park & Recreation Commission Minutes - March 15,2007
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City of Andover
Policy for Naming and Renaming of
Parks, Park Facilities, and Trails
I. Introduction
The selection of a proper name for a park, park facility and trail is a thoughtful process
which requires careful analysis. This policy and procedure has been adopted by the City
of Andover to provide the proper procedure and guidelines for any naming or renaming
of said amenities
II. Procedure
Original naming of a park, park facility and trial will be done as part of the platting
process guided by the City of Andover's subdivision ordinance. Subsequent renaming
will use the following procedure:
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1. Staff, Council, Advisory Body, or an Andover resident recognizes and requests
the naming of a park, park facility, or trail.
2. Staffwill perform a background investigation ofthe request and then distribute
the request to the City Council, upon review send to the Parks and Recreation
Commission for review.
3. The Parks & Recreation Commission will discuss the merit of the name and make
a recommendation to the City Council.
4. The recommendation will then be placed on the next regular City Council meeting
for consideration.
IlL Park. Park Facilitv. and Trail Namin1! Criteria
Listed below are some of the criteria that may be used to determine the appropriate
naming or renaming of parks, park facilities and trails.
1.
2.
3.
4.
5.
6.
7.
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The name of the subdivision associated with the park, park facility or trail.
The name of the neighborhood in which the park, park facility or trail is located.
The street name adjacent to or closely identified with the park, park facility or
trail.
The name of a local interest point, or local focal point near the park, park facility
or trail.
The name of an event or historical occurrence associated with the park, park
facility or trail.
The name of a person who donates a major part or all of the land for the park,
park facility or trail.
The name of a person of significant stature within the community (with the
permission of the honoree, immediate family or designated representative).
Helshe must adhere to at least one ofthe following credentials and complete a
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waiting period of at least six months from the conclusion of service or time of
death:
a. At least ten years oflocal service to the community.
b. Shown outstanding assistance or support of the local park system.
c. Major financial donor to the park system.
d. A historical figure or family.
e. A local born or raised person of historic, statewide or national importance.
VIII. Final Determinations
The City Council reserves all rights in the naming or renaming of all parks,
park facilities and trails.
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10m Anderson Trail Memorial
page 1 or .
~es Dickinson
From: Mike Gamache [Mike.Gamache@genmills.com]
Sent: Monday, February 12, 2007 3:00 PM
To: James Dickinson
Subject: Tom Anderson Trail Memorial
,im,
-his is my official request to have a trail named after Tom Anderson.
'<Tom Anderson Trail Designation 2007.doc>>
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On May 20, 2006, the Andover High School Track community honored Tom Anderson with the
Tom Anderson Memorial 5K Run. It was a fundraiser for the Andover Track Team and it was
there way to thank Tom for all he had done for the team and school.
I would like to go further and memorialize Tom for the work he did for our city when he was a
Park Commissioner. Tom served from the early 90's through 2000 and was influential in
establishing the trail system we have today. Tom was a voice of reason on the Park Commission
when some in the neighborhood fought against the trail along the creek east of Hanson. It was
the first part of a trail system we are all proud of today and from the discussions I have had from
Todd, and Park Commissioners who served with Tom he wasn't called Tough Tommy for
nothing.
For those of you who were on the Council during this tough time I know you remember the
hostility and how Commissioners like Tom made it a bit easier for the Council to take the first
step.
Since we have passed an ordinance to handle these I am officially requesting that we name the
first trail in Andover along Coon Creek just to the east of Hanson Blvd Tom Anderson Memorial
Trail. Tom was a dedicated individual to his City and to creating a trail system to serve our
residents. Many use these trails everyday and the system has expanded to something that our
residents cherish.
Last year the Andover Track Team conducted the First Memorial Tom Anderson 5KRun on May
20th. I would expect that this year it will be held around the same time and I think it would be
fitting if we move this through so we can hold a ceremony on that same weekend.
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The Sign Department can handle the printing of the memorial sign and we can invite Tom's
family, members of the Andover Track Team, Park Commissioners present and former.
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Regular Andover Park & Recreation Commission Meeting
Minutes - March 15, 2007
Page 4
The Blaze representative stated he was only requesting one night each weekend for
practice. Chair Masloski responded that the Andover Baseball Association was using the
field for games, while they wanted it for practice.
Mike Keeney of Andover Baseball Association indicated there was traveling and in-
house have both practice and game schedules. There were 17 in house recreation teams
and 11-12 traveling teams the association must accommodate.
Chair Masloski inquired if there was an open night would they be willing to notify the
City as soon as possible. Mr. Keeney responded it was typical for them to do that, and
invited the Blaze to join Andover Baseball Association at any time.
Motion by Scott, seconded by Butler, to table the item to the next meeting.
Motion carried on a 7-ayes, O-nays, O-absent vote.
DISCUSS NAMING TRAIL SEGMENT
Mr. Haas indicated the segment would be named after Tom Anderson and was initiated
by the Mayor and Council. Did it fit into the guidelines? Chair Masloski responded last
year there was a concern, but it was resolved and the policy was now approved.
Commissioner Lindahl explained that he served with Tom many years in the 1990' s. He
was a strong advocate for trails, and cited an example. Lindahl believed it would be a
great honor for a diligent and nice person. Commissioner Kowalewski added it would be
good for the citizens.
Commissioner Lindahl asked for clarification that it was a segment and not an entire trail.
Mr. Haas answered it was a segment from East of Hanson Boulevard to the tracks.
Chair Masloski inquired if there would be a dedication ceremony. Commissioner
Lindahl suggested the 5K Run would be a good time for the memorial.
Chair Masloski requested the information to be made available.
Motion by Lindahl, seconded by Albee, to recommend approval naming the trail segment
after Tom Anderson, and forwarding it to Council.
Motion carried on a 7-ayes, O-nays, O-absent vote.
REVIEW OUTSTANDING ITEMS
Mr. Haas reviewed outstanding items. The Crooked Lake Boat Landing Mr. Haas met
with the lake association and got a draft of the plan. For Strootman Park they were to
CD
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C I T Y 0 F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
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TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, City Engineer
SUBJECT: Railroad Quiet Zone/Wayside Horns Discussion/06-10 -Engineering
DJ\TE: April 3,2007
INTRODUCTION
Staff is anticpating receiving additional information before the Council meeting. The information
will be presented at the meeting.
Respectfully submitted,
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David D. Berkowitz
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule EDA meeting
DATE: April 3, 2007
INTRODUCTION
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the April 17, 2007 City Council meeting.
DISCUSSION
Tentative agenda items for an EDA meeting have been identified as follows:
1. Update on Economic Development Activities
2. Purchase Agreement Progress Reports - Larkin LOI
3. Review Jay StreetlAndover Station North Assessments
4. Other Business
Other items may be added upon request, or the meeting will be cancelled if no new
information comes forward on the identified agenda items
ACTION REOUIRED
Schedule an EDA meeting at 6:00 pm before the April 17, 2007 City Council meeting.
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CITY OF
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: April 3, 2007
The City Administrator will give a brief verbal update on various items of interest to the City
Council and to the residents at the meeting. Listed below are a few areas of interest:
1. Administration & City Department Activities
2. Update on Development Activity
3. Update on Public Improvement Projects
4. Meeting Reminder - Board of Review
5. Meeting Reminder - Public Works Workshop
6. Legislative Activity
Upon receipt of the meeting packet, if a member of the Council would like an update on a
particular item, please notity me so an adequate update can be made.
DnaIW
DATE April 3. 2007
ITEMS GIVEN TO THE,CITY':.COUNCIL
~ Smith Addition Preliminary Plat
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM;O N
'. .... . ... . '.' . . . '. ,--, >,... ,', -.... . '.,.. ...', .....
.. .'. ' . ,',. '-.', ", .. . ..... ,,"'0 '-,_
THE NEXT AGENDA.
THANK YOU.
G:\STAFF\RHONDAAIAGENDA\CC L1ST.doc
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