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Home My WebLink AboutCC November 18, 2008 C I T Y o F 0 NDOVE 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, November 18, 2008 Call to Order-7:00 p.m. ~ Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/28/08 Workshop; 11/5/08 Regular Meeting) ) Consent Items 2. Approve Payment of Claims - Finance 3. Approve 2009 Tri-City GIS Contract - Engineering 4. Approve Surplus Equipment Sales - Public Works 5. Accept Donation of Trees/ /Russ Schmeichel - Finance 6. Approve Raffle Permit Application/Benefit for the Family of Natash a Waalen - Administration 7. Approve Health Insurance Renewal and Employer Contribution - Administration 8. Approve LMCIT Liability Coverage - Administration 0 9. Approve Personnel Policy Change - Administration 10. Consider Closing City Offices the Day After Christmas - Administration 10 a. Approve Assessment Roll/Improvement Project 08-25 - Planning Discussion Items 11. Anoka County Sheriff s Department Monthly Report - Sheriff 12. Public Hearing: Amend Zoning Code/Add Subordinate Classroom Structures - Planning 13. Consider On-Sale Intoxicating and Sunday Liquor License/ Beef 0 , Bradys - Administration 14. Discuss Outdoor Parties/Events - Administration Staff Items 15. Schedule EDA Meeting -Administration 16. Administrator's Report - Administration Mayor/Council Input Closed Session - Public Works Union Contract Negotiations - Administrator Adjournment 0 C I T Y o F @ NDOVE 0 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: FROM: SUBJECT: Approval of Minutes DATE: November 18,2008 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: November 5, 2008 Regular Meeting 0 October 28, 2008 Council Workshop DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, ~d!{1;\~ Mic elle Hartner Deputy City Clerk Attach: Minutes 0 o~ 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 5, 2008 7 MINUTES 8 9 10 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike 11 Gamache, November 5, 2008, 7 :00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude 15 Councilmember absent: None 16 Also present: City Attorney Scott Baumgartner 17 Director of Public Works/City Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 Others 20 21 22 PLEDGE OF ALLEGIANCE O;~ 25 RESIDENT FORUM 26 27 No one wished to addressthe Council. 28 29 30 AGENDA APPROVAL 31 32 Amended Item 6, (Canvass Election Results). 33 34 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion 35 carried unanimously. 36 37 38 APPROVAL OF MINUTES 39 40 October 21,2008, Regular Meeting: Correct as amended. 41 42 Councilmember Jacobson stated on page 3, line 12 the sentence should read "He wondered when the 43 City buys the materials they make the signs with, aren't the materials certified to meet the new 044 standard; if the materials are certified and the City is using them, why do they need the device." ~5 46 Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried 47 unanimously. 48 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 2 1 2 CONSENT ITEMS 3 4 Item 2 Approval of Claims 5 Item 3 Approve Resolution Supporting Safe Routes to School Grant Application (See 6 Resolution R080-08) 7 Item 4 Approve Snow Removal & Ice Control Policy 8 Item 5 Approve Reimbursement Resolution/2009 Capital Equipment Purchases (See 9 Resolution Ro.81-08) 10 11 Motion by Trude, Seconded by Jacobson, approval ofthe Consent Agenda as read. Motion carried 12 unanimously. 13 14 15 CANVASS ELECTION RESULTS 16 17 Mr. Dickinson indicated the City Council is required to canvass the results ofthe General Election 18 that was held on Tuesday, November 4,2008. He read into the record the votes received for each ~~ candidate. 21 Vote count for Mayor: 22 23 Mike Gamache -11,147 24 Rosella Sonsteby-l,556 25 Eric Kohnke - 1,442 26 Richard Kulkey - 831 27 28 Vote count for Councilmember: 29 30 Mike Knight - 7,540 31 Sheri Bukkila - 5,389 32 Brian Haugen - 4,662 33 Glenda Cooper - 3,443 34 Jeremy Boyer - 2,645 35 36 Mr. Dickinson wanted to thank Michelle Hartner and Anne Heppell for doing an outstanding job 37 along with all the election judges. 38 39 Motion by Jacobson, Seconded by Orttel, to adopt the resolution canvassing the results of the 040 General Election. (Res.082-08) !:H 42 Councilmember Trude wanted to thank all of the people who came out and voted. 43 44 Mayor Gamache wanted to thank the election judges and all of the workers who made the day go 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 3 1 smoothly. 2 3 Mayor Gamache asked if there was anything more the City needed to do for the Senator recount. Mr. 4 Dickinson explained the County will handle this. 5 6 Councilmember Orttel asked how the process works and why is there a need for a recount. 7 Councilmember Trude reviewed what she has seen and explained a lot of the ballots are 8 electronically fed into a machine and counted. Mr. Dickinson reviewed the process with the Council. 9 10 Motion carried unanimously. 11 12 13 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLV2008 OVERLAYS (08-2A, 14 NORTHGLEN AREA & 08-2B, GROW VIEW ESTATES) 15 16 Mr. Berkowitz stated the City Council is requested to hold a public hearing and approve the 17 resolution adopting the assessment roll for the 2008 Overlay Project (08-2A, Northglen Area & 08- 18 2B, Grow Oak View Estates). 019 Motion by Jacobson, Seconded by Knight, to open the public he~ring. Motion carried unanimously. 20 21 22 No one wished to address the Council. 23 .24 Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. 25 26 Motion by Jacobson, Seconded by Knight, to approve the resolution adopting the assessment roll for 27 the 2008 Overlay Project (08-2A, Northglen Area & 08-2B, Grow Oak View Estates). Motion 28 carried unanimously. (Res.083-08) 29 30 31 HOLD PUBLIC HEARINGIDELINQUENT UTILITIES 32 33 Mr. Dickinson stated City Code Title 10, Chapter 3, 1O-3-3E; City Code Title 10, Chapter 1, 10-1- 34 9F; and City Code Title 8, Chapter 5, 8-5-3D provide for the collection by assessment of unpaid 35 sewer, water, storm sewer, street lighting service charges, false alarm fines, tree removal and 36 mowing fees. The assessment procedures directed by State Statute 429 is being followed by holding 37 a public hearing to act upon the proposed assessments. 38 39 Councilmember Orttel asked where the money was going to instead of paying the utilities if the 040 homeowners of the association have paid their dues. Mr. Dickinson stated theoretically the payments 41 do go to the association however the association has not made the payment. He stated the City still 42 has the ability to collect the money for the bill. 43 44 Councilmember Trude stated they should discuss this at a workshop. They should figure out a way 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 4 1 to let the homeowners know before it gets to this crisis level since they could have people skipping 2 town with the money. Councilmember Orttel stated this also happens with renters. 3 4 Councilmember Jacobson stated on the list they have a number of inactive and active listings, he 5 asked for information on this. Mr. Dickinson stated inactive is when the utilities have been turned 6 off or that is not an active owner anymore. 7 8 Councilmember Orttel asked on the ones that are still active, at what point do the services get shut 9 off. Mr. Dickinson stated they usually do not shut off the utilities and some people ask that the 10 amount owed be certified to taxes. 11 12 Councilmember Knight asked if the mortgager is involved and they put it on the tax role can this be 13 done. He wondered if this can be passed onto the mortgage holder. City Attorney Baumgartner 14 stated the assessment stays with the property and does not go with the property owner. 15 16 Motion by Jacobson, Seconded by Trude, to open the public hearing. Motion carried unanimously. 17. 18 Mr. & Mrs. Jeffrey & Cynthia Dixon, 13336 Tulip Street NW, stated they are at the meeting to 019 appeal the $4,500 bill they and their association has been assessed. She stated the alleged 20 delinquency is being billed for the sprinkler house in the name of City View Farm Homeowners 21 Association. The pin for the sprinkler house is 13310 Tulip Street NW. The actual amount ofthe 22 alleged delinquency is $4,491.41 and is slated to be assessed equally against the seven homes in the 23 association. 24 25 Mrs. Dixon stated the reason the amount delinquent is alleged to her is because Ms. Hartner of the 26 City Clerks Office has refused to provide them with any information to substantiate the charges that 27 are being assessed. When she asked for the information she was told it was privileged and could not 28 be given to her. 'She was shocked by the response since she is being asked to pay for something that 29 she has no idea what services were provided or when the services were provided. They are not likely 30 the homeowner's responsibility but the developer's responsibility but until they get the information 31 they cannot tell for sure. Anything prior to September 12,2008 would not be their responsibility 32 since the water meter was stolen from the pump house sometime prior to June of2008 along with the 33 pump itself. There should be no water fees owed since the time they purchased the home. As she 34 understood it the bill would be for sometime during the last quarter of last year and possibly this 35 spring. She stated she had a hard time understanding how $4,500 worth of water could be used in 36 that short period of time for a sprinkler system. 37 38 Mrs. Dixon stated Ms. Hartner told her she would need to get the information from the current 39 homeowner's association board which is not a possibility since the developer is in control of the 040 association and will not return their calls. 41 42 Mrs. Dixon reviewed the process they are going through to deal with the developer. 43 44 Mrs. Dixon asked the Council to intervene and provide them with the information, necessary to 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 5 1 research the alleged delinquency so they may file a proper appeal to the charges and/or collect them 2 from the developer. She stated in the preferred alternative the City could divide the assessment 3 between the two homes that are still owned by MJB Custom Homes and those would be paid when 4 closed on. 5 6 Councilmember Jacobson asked if they could release the data to the homeowner for review. City 7 Attorney Baumgartner thought it was as Mr. Dickinson indicated as privileged because it is in the 8 name of the association. He stated he did review the declarations for the association and he 9 wondered when the first unit was sold in the development. Mrs. Dixon stated she did not know. 10 11 City Attorney Baumgartner stated this is a private matter that the City is being asked to step into. It 12 is a contractual agreement through the association and the developer and the problem they are having 13 is the developer is not honoring the agreement with the owners ofthe units. He stated the association 14 is run through the developer and that is where it has to be addressed. 15 16 Mayor Gamache asked legally what rights they have in regard to giving the information to a portion 17 of the group. City Attorney Baumgartner stated this is a unique situation and he has not had a chance 18 to look into it. ~~ Mrs. Dixon stated the assessment is being charged to the dog house where the pump is located, the 21 common area. Councilmember Orttel wondered how the assessment could get that high. Mr. 22 Dickinson explained the history of the development with the Council. 23 24 Councilmember Orttel thought there is a lot of unfairness involved here because the utilities were 25 used before the owners owned the property. He thought there should be a way to indicate when 26 looking at a property that there was a delinquent fee on the property. 27 28 The Council discussed how they could help the owners with the delinquent utilities assessment. 29 , 30 Mr. Dickinson stated the City could leave the delinquent amount as a pending assessment and hold it 31 until the certification process next year. 32 33 Motion by Jacobson, Seconded by Trude, to close the public hearing. Motion carried unanimously. 34 35 Motion by Orttel, Seconded by Jacobson, to remove the utility bill at 13310 Tulip Street N.W. in the 36 amount of $4,491.41 from the delinquent utility list and bring it back in three months spreading it 37 across all seven properties. Motion carried unanimously. 38 39 Motion by Jacobson, Seconded by Knight, to approve the attached resolution adopting the 040 assessment roll. Motion carried unanimously. (Res.084-08) 41 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 6 1 2 ADMINISTRATOR REPORT 3 4 City Administrator Dickinson updated the Council on the administration and city department 5 activities, CIP Projects and meeting reminders. 6 7 8 .MAYOR/COUNCIL INPUT 9 10 There was no discussion. 11 12 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 13 adjourned at 8:24 p.m. 14 15 Respectfully submitted, 16 17 Susan Osbeck, Recording Secretary 0 0 0 Regular Andover City Council Meeting Minutes - November 5, 2008 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 5, 2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ......................................... .... .......................... .......... .... .................... 1 RESIDENT FORUM...................................................................................................................... 1 A GEND A APPROV AL.................................................................................................................. 1 APPROV AL OF MINUTES........................................................................................................... 1 CONSENT ITEMS......................................................................................................................... 2 Approval of Claims..................................................................................................................... 2 Resolution R080-08 Approving Resolution Supporting Safe Routes to School Grant Application............................................................................................................................. 2 Approve Snow Removal & Ice Control Policy........................................................................... 2 Resolution R081-08 Approving Reimbursement Resolution/2009 Capital Equipment Purchases.................................;................. ............................................................................. 2 CANVASS ELECTION RESULTS (Res.082-08) ......................................................................... 2 HOLD PUBLIC HEARING/ADOPT ASSESSMENT ROLL/2008 OVERLAYS (08-2A, NORTHGLEN AREA & 08-2B, GROW VIEW ESTATES) (Res.083-08) ............................ 3 0 HOLD PUBLIC HEARING/DELINQUENT UTILITIES (Res.084-08)........................................ 3 ADMINISTRATOR REPORT .......................................................................................................6 MA YO R/COUNCIL INPUT .......................................................................................................... 6 ADJOURNMENT........................................................................................................................... 6 0 O~ 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP - OCTOBER 28,2008 7 MINUTES 8 9 10 The Andover City Council Workshop was called to order by Mayor Mike Gamache, October 28, 11 2008,6:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. 12 13 Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude 14 Councilmember absent: None 15 Also present: Director of Public Works/City Engineer, Dave Berkowitz 16 City Administrator, Jim Dickinson 17 Community Development Director, Will Neumeister 18 Others 19 20 21 OPEN SPACE DISCUSSION 22 o;~ Mr. Bednarz introduced the Open Space Commission Chairperson Derik Deuschle who summarized the September open house. It has generated more interest than initially thought. 25 26 Councilmember Jacobson asked how they are evaluating the land. Chairperson Deuschle 27 explained the criteria they used when evaluating the proposed parcels. 28 29 Councilmember Jacobson asked out of all of the land, which ones look the best to pursue. 30 Chairperson Deuschle stated they narrowed it down to five parcels which the Commission felt 31 were the best ones to pursue plus some of the original larger parcels they reviewed. 32 33 Mayor Gamache asked how the land donation would work. Mr. Bednarz eXplained how the 34 donation would be determined for owners of the land in regard to value of the land. 35 36 Councilmember Jacobson asked what the next step would be. Chairperson Deuschle stated they 37 first need to have a willing seller and would like to pursue a grant to assist with the purchase. 38 39 Mayor Gamache asked what happens if someone is interested now but wants to wait to donate 40 their property after they retire. Mr. Bednarz stated the City would let the owner know if they are 41 interested and the City could pursue of right of first refusal. 42 43 Chairperson Deuschle reviewed the five parcels with the most potential for open space purchase. 044 145 Open Space Commission Member Gretchen Sabel stated Mr. Bednarz is doing a review using the 46 criteria of the all the properties to see which ones meet their requirements. 47 48 Councilmember Trude asked if someone could fill in wetland to develop land and then mitigate it 0 Andover City Council Workshop Minutes - October 28, 2008 Page 2 1 elsewhere. Chairperson Deuschle explained the mitigation laws with the Council and what could 2 and could not be done in regard to wetlands, determining what a wetland is and mitigating them 3 elsewhere. 4 5 Councilmember Jacobson asked what the next step is. Chairperson Deuschle indicated Mr. 6 Bednarz is continuing to keep in contact with the people interested. They need to continue to 7 explore ones that are real possibilities. 8 9 Councilmember Trude wondered if they could do a lot up in the Kuiken area and still have some 10 money left over to buy upland next to the Kuiken property. Chairperson Deuschle stated that was 11 a possibility. Councilmember Trude thought they may want to get the neighbors together to 12 discuss their goal to see if the neighbors would be amenable to this. 13 14 Councilmember Knight asked if they could convert the sod fields into something other than sod 15 fields. Chairperson Deuschle stated they could turn the fields back into wetlands but he did not 16 know if the money could be used for restoration or if it could be used only for purchases. Mr. 17 Dickinson indicated they could only use the money for purchase of land. 18 019 Councilmember Orttel asked if a conservation easement could be placed on a property. Mr. 20 Bednarz stated it depended on the terms of the agreement. Mr. Dickinson stated State Statute 21 tends to protect what is identified as green acres that will not allow them to assess the properties. 22 He did not know if the Statute had a provision for a conservation easement or not. Mr. Bednarz 23 stated if there are no development rights left on the property there are no benefits. 24 25 Councilmember Knight asked when they looked at wetlands do they differentiate between the 26 different types of them. Chairperson Deuschle stated they do but in general all of the wetlands 27 are equal under the law. He stated there are some other assessments that can be done but in 28 terms of their criteria they have not differentiated. 29 30 Mayor Gamache asked what they should do if someone should make a donation of their land 31 with a house on it. He thought the Commission should look into this. 32 33 Councilmember Knight stated that given the large interest of the residents he thought they should 34 have updates on the website. 35 36 37 COMPREHENSIVE PLAN UPDATE DISCUSSION 38 39 Mr. Neumeister explained the City has received a response from the Metropolitan Council regarding 040 the processing of the City's Comprehensive Plan update. Some items in the letter specifically \:l1 address what is considered "incomplete" in the Comprehensive Plan, while other issues are 42 "commentary" on what they will be directing be included in the Comprehensive Plan update. The 43 plan review is suspended pending receipt of the information they want. 44 0 Andover City Council Workshop Minutes - October 28, 2008 Page 3 1 Mr. Neumeister reviewed the items listed in the letter with the Council. 2 3 . Housing - Mr. Neumeister stated they tried to show they have met the requirement of the 4 Met Council with new developments that have come in. They are not changing land use and 5 they are not expanding sewer service in the city beyond the current MUSA boundaries so 6 they should not up the density. He stated they are going to try to substantiate that they have 7 an adequate number based on the build out of Rosella Sonsteby's land, Bruggemans and Grey 8 Oaks developments. 9 10 The Council discussed with staff the current zoning of Ms. Sonsteby's land. 11 12 . Land Use - Mr. Bednarz reviewed the density information the Met Council wanted for this 13 item. 14 15 . Surface Water Management Plan - Mr. Berkowitz explained the comments made on their 16 water resource management plan which are not correct. He reviewed the response to the Met 17 Council with the City Council. 18 019 . Sewers - Mr. Berkowitz stated their population projections differ :from what Met Council has 20 and that ultimately shows the difference so they need to sit down with their sewer people and 21 discuss this. He reviewed with the Council how they are planning on clarifying the 22 wastewater flow projections with the Met Council. 23 24 Councilmember Orttel wondered about the transportation plan that the Met Council wants them to 25 have. Mr. Berkowitz reviewed with the Council what the Met Council wants for a transportation 26 plan and he indicated they will work through this item with them. 27 28 Mr. Neumeister wanted the Council to know staff is going to have some battles with the Met Council 29 over numbers since the Met Council is going to want the city to agree to 3 plus units per acre in the 30 Rural Reserve in order to compensate for the rest of the city. 31 32 Mr. Neumeister reviewed with the Council the issue of3 units per acre for Andover. He noted that 33 they are going to leave the Rural Reserve out of the MUSA area. 34 35 Councilmember Jacobson did not think the Council has changed their mind on any ofthe discussed 36 points. The other Councilmembers agreed. 37 38 39 ASSESSMENT POLICY DISCUSSION (CONTINUED) 040 41 Mr. Berkowitz reviewed with the Council updates of the assessment policy. 42 43 Councilmember Jacobson stated on page five under the summary of steps and special assessments, 44 number one, in the bold face line it says "Units bordering the proposed improvements", he 0 Andover City Council Workshop Minutes - October 28, 2008 Page 4 1 understood what he was getting at but if they go by the units measuring then the one large property 2 owner could block anything from happening in the area. He wondered if they wanted to say units of 3 properties or add an and/or in there. Councilmember Orttel wondered if they should keep this at 35 4 percent and get a petition started to 50 to order the project. Mr. Berkowitz stated they could reduce 5 this back down to 35 percent but he thought to initiate the proceedings, it was a fifty percent can be 6 set by the City on how they want to move forward with that. The Statute actually states the approval, 7 it either has to be a three fifths or a majority if it is below 35 percent. The Council concurred to 8 move the percent back to 35. 9 10 Councilmember Jacobson stated on page seven, bottom paragraph, what is the total project cost and 11 does that include interest. Mr. Berkowitz stated it includes construction interest. 12 13 Councilmember Jacobson stated on page ten, number two, unit lot, second line from the bottom on 14 the paragraph, he wondered ifthe word should be "streets". Mr. Berkowitz stated it is referring to 15 any street based on improvement. 16 17 Councilmember Orttel stated it speaks about they are going to assess anything that can be subdivided 18 but it does not state they will install however they should install all the service stubs as they go 019 along. Mr. Berkowitz stated their general policy is Engineering works with the Planning Department 20 on this to decide what should be assessed and locate the service stubs. Councilmember Orttel 21 wondered if this should be included in the policy for future use. Mr. Dickinson stated it could be 22 added. 23 24 Councilmember Trude wondered why they added the area transportation improvements because she 25 knew this was something they talked about for sometime but did not know if they could legally do 26 this. Mr. Berkowitz stated this is really relating to the Rural Reserve more specifically but could be 27 other things. The details for that will come up through a feasibility report. 28 29 Councilmember Orttel stated on the bottom of page eight, top of page nine, there is information 30 about properties that will not be assessed and what they are saying is that will be delineated by the 31 hundred year flood. He wondered why when they restrict building to two feet above, why don't they 32 use the two feet above since they have unbuildable so should they not assess that. Mr. Berkowitz 33 stated they do assess area water and sewer charges. 34 35 Councilmember Orttel thought they should not assess for drainage easements. Mr. Berkowitz stated 36 the basis of that is if they go back, at one time, all the area was assessed, the two feet above the 37 hundred year is the safety factor but it is still included in the land that is usable so that is why they 38 include that. 39 40 Councilmember Trude stated on the top of page eight they decided that people would be assessed 041 over eight years instead of ten and she would like to have a statement that the City Council could 42 approve a longer time period since there could be a potential for a larger project where people would 43 need longer to pay. Councilmember Orttel thought the Council could decide at anytime the amount 44 oftime people could be assessed for a project. He thought they could have something in the policy 0 Andover City Council Workshop Minutes - October 28, 2008 Page 5 1 for low-income beside just senior citizens. 2 3 Mr. Berkowitz reviewed the history of this item with the Council. Councilmember Orttel thought 4 this was primarily in here for developers. 5 6 Councilmember Trude stated on page twelve, towards the bottom of the page, there is new language 7 added and she wondered if there is something staff is worried about. Mr. Berkowitz reviewed the 8 issue with the Council. 9 10 11 SNOW REMOVAL & ICE CONTROL POLICY DISCUSSION 12 13 Councilmember Jacobson stated on the second page, how snow will be plowed, it says snowplow 14 operators have the right to roll through the stop signs and he wondered why they would do this. Mr. 15 Berkowitz stated when operators are plowing snow it is hard to stop while plowing and start up again 16 to move the snow off the road. He stated this is very typical and the League strongly suggested the 17 City put this in the language. He noted the cities operators take special care when plowing snow. He 18 stated they are exempt from a lot of legal issues when it comes to plowing. 019 20 Councilmember Knight stated he had a couple of questions on how snow will be plowed. What is 21 the practice for plowing around driveways. He noted he had several complaints from senior citizens 22 about the snowplows blocking in their driveways. Mr. Dickinson stated when this was put in place 23 they plow each street as efficiently as possible but it does not necessarily mean someone's driveway 24 will get plowed shut but it could. Mr. Berkowitz stated the goal and objective is to get the snow off 25 the roadways. 26 27 Councilmember Knight asked if they get emergency people plowed out first such as doctors. 28 Councilmember Trude thought when Frank Stone was at the city they had a list of emergency people 29 they would plow out first. Mr. Berkowitz stated their main goal is they hit the main roads first and 30 then they plow the side streets as efficiently as possible. Mr. Dickinson stated he has not heard about 31 this. 32 33 Councilmember Knight thought that after each snow plow the drivers started in different areas of the 34 city and he asked how many different rotations they have. Mr. Berkowitz stated they do not have 35 that many rotations, the drivers try to rotate but they get to a point where a driver gets efficient at the 36 way they go about it and they like to use their same route but they will discuss mixing it up. 37 38 Mayor Gamache asked on property damage while plowing, they raised the dollar amount from $25 to 39 $50, what about the more expensive locked mailboxes that get broken. Mr. Berkowitz stated they 40 need to stick to a dollar amount so that if someone comes in knowing they are going to put up an o:~ expensive mailbox, they know what the maximum replacement amount is. Mayor Gamache thought they really needed to consider this further since more people are installing the more expensive locked 43 mailboxes for security and if the plows run them over they should pay to replace them. He thought 44 they should pay $50 for a standard mailbox or $75 for a secured mailbox. 0 Andover City Council Workshop Minutes - October 28, 2008 Page 6 1 2 Councilmember Knight wondered where they were at the salt usage. Mr. Berkowitz stated the 3 different snowplow drivers use different amounts of salt and it is a discretionary item. 4 Councilmember Trude wondered why they don't mix it with sand like they used to in order to 5 disperse the salt more evenly. Mr. Berkowitz did not know ifthat would be efficient since it would 6 be more expensive. 7 8 Mr. Berkowitz stated under section four, commencement of snow and ice operations, they look at 9 ways to save money and they added letter B. The reason they added this was they had two snowfalls 10 in March and they did a whole snow plow both times and cost them a lot of money so this will help 11 them to make discretionary calls. 12 13 14 2009 BUDGET DEVELOPMENT PROGRESS REPORT 15 16 A. General Funds & Overall Summary 17 18 Mr. Dickinson reviewed this item with the Council. 019 20 Mr. Dickinson discussed with the Council the fire fighter SAFER grant program. The 21 Council did not think they would want to take advantage of this grant if they get it since they 22 did not think two more positions were warranted at this time. 23 24 The City Council was ok with a 3 % salary increase for 2009 for City Staff. 25 26 B. Special Revenue Funds 27 C. Debt Service Funds 28 D. Capital Projects Funds 29 E. Enterprise Funds 30 F. Internal Service Funds 31 32 The City Council did not have any questions or issues with Items B through F. 33 34 Councilmember Trude reviewed the Community School Programs with the other Councilmembers. 35 36 37 OTHER BUSINESS 38 39 Mr. Berkowitz stated he needed some direction on Nordeen's Addition. He wondered ifthe Council 40 wanted staff to meet with the neighbors to see if there is any interest in sewer in the area. 041 Councilmember Orttel thought it would be worthwhile to ask if the residents wanted sewer but he 42 did not think it would go that far. 43 44 0 Andover City Council Workshop Minutes - October 28, 2008 Page 7 1 Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting 2 adjourned at 9:10 p.m. 3 4 Respectfully submitted, 5 6 Susan Osbeck, Recording Secretary 0 0 C I T Y o F @ NDOVE 0 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 / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: November 18, 2008 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $79,897.67 on disbursement edit lists #1 - #3 from 11/04/08 to 11/12/08 have been issued and released. Claims totaling $653,320.79 on disbursement edit list #4 dated 11/18/08 will be issued and released upon 0 approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUIRED The Andover City Council is requested to approve total claims in the amount of $733,218.46. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, 'tI~~ Lee Brezinka Attachments: Edit Lists 0 - .., ~ i:l.. o o 0 Z Z .;; .;; .., .., 0-- ~.g .g = l::: l::: ~ >il >il ~::c: ::c: o U U ~ ~ ~ _- MOO~~OOOOO~O~~~~OO~O~O~~~ .. ~ ..,......c ~ ~ 0 N N N......-4.............. NO....... 0 0....... NON 0......-4 """ _ 0 . ..,M"'MMMOMMOMMMMMM~OMO-M-MO-M - U_ U-----------N----________ "CO l:::M l:::~~~~~~~~~~~~~~~~~~~~~~~~ Q) I Q.) 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S ,g ---~ ~ ~ 0 U , . . , '"' .gl .... ." ." . 0000 o:l ~ ....."'''' ~ o 0000 ~ ." ~~~ ~ Z ~~~~ Q) ~ -- ~ 0000 ~ ~ ."." 0.- ~ MMM~ i?':0\ -:-:0 t:'l~~ g ~ ~~~~ ~~ ~~ ~~~ U o 0\0\0\0\ ~~ ~_ ~.... , > 1:-1:-1:-1:- 5~ 5N 5<.)<.) ~ ~ ~~~~ >~ >~ >~~ ~ (J) 0 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 Berkowitz, Director of Public Works/City Engineer SUBJECT: Approve 2009 Tri-City GIS Contract - Engineering DATE: November 18,2008 INTRODUCTION The City Council is requested to approve the GIS Tri-City Contract for the year 2009. This contract is between the Tri-City Group (Andover, Fridley and Columbia Heights) and the GIS RANGERS. 0 DISCUSSION The City will receive 16 hours per week of GIS service through this contract. The current contract has been increased by 5% from the previous year. The amount of the 2009 contract is $34,272. BUDGET IMP ACT The funding is budgeted from the Drainage and Mapping Fund, water, sanitary and storm sewer funds, Lower Rum River Watershed Management Organization, right-of-way management fees and the Road & Bridge Fund. ACTION REQUIRED The City Council is requested to approve the GIS Tri-City Contract for the year 2009. Respectfully submitted, GJ~0. f David D. Berkowitz Attachments: Consulting Services Agreement'/ 0 cc: Blaine Hackett, GIS RANGERS, 2434 Virginia Circle, Roseville, MN 55113 0 CONSULTING SERVICES AGREEMENT This Agreement is made as of , 200_ (the "Effective Date"), by and between GIS RANGERS ("Contractor") and the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri- City." GIS RANGERS and Tri-City are collectively referred to as "Parties" and individually as a "Party." WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 0 1. TERM 1.1 Term. The term of this Contract shall be from January 1, 2009, through December 31, 2009, unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR'S OBLIGATIONS 2.1 General Description. Contractor will provide 2,340 hours annually of onsite GIS technical assistance to Tri-City. The Contractor will spend approximately 80 hours per month per each city in Andover and Fridley, and approximately 35 hours per month in the City of Columbia Heights. Additional hours may be contracted as provided in Section 3.4. 2.2 Conformance to Specification. The Contractor will provide the Services as set forth in Exhibit A. 0 0 2.3 Limited Warranty GIS RANGERS warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. GIS RANGERS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. 3. PAYMENT 3.1 Service Fees The Contractor's fees for Services are set forth below ("Service Fees"). Service Fees do not include any taxes that may be due based on the Service Fees, or for reimbursable expenses, for which Tri-City agrees to pay directly or reimburse GIS RANGERS. 0 Total Service Fees: $83,539.00 to be allocated as follows: Andover-$34,272.00, or 41 %; Fridley-$34,272.00, or 41 %; Columbia Heights-$14,995.00, or 18% 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Payment. All invoices are due within thirty days from the invoice date. If Tri-City disputes any portion of Contractor's invoice, then Tri-City will: (a) pay any amount not in dispute by the due date; and (b) within five business 0 days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason( s) for withholding payment. On 2 0 Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri- City agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Tri-City shall have the right to request changes within the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change causes an increase or decrease in the fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri-City of such increase or decrease and the Agreement shall be modified in writing accordingly. Contractor shall not proceed with any change until a written amendment has been accepted by Contractor; however Contractor's right to payment for such change shall not be affected in the event Contractor agrees in writing to proceed prior to the completion of such amendment. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. 0 Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. 6. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri-City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the execution, performance, or 0 failure to adequately perform Contractor's obligations pursuant to this Contract. 3 0 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri-City of intent to cancel. 7.2 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services 0 under this Contract, which shall include the following coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence B) Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. 0 4 0 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inability to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy 0 hereunder. 10. TERMINA nON 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 10.2 Notice of Default. Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination 9f this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described 0 by the notice given under the above paragraph within the ten (10) days, or such additional time as may be mutually agreed upon, then the whole or any part of this Contract may be terminated by written notice. 5 0 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the other Party's Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. 11. CONTRACT RIGHTS/REMEDIES 11.1 Rights Cumulative. All remedies available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of anyone remedy shall not be deemed an election of 0 such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such In writing and signed by authorized representatives ofTri-city and Contractor. 11.3 Force Maieure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 12. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. 0 6 0 To Contractor: Andover: President Director of Public Works/City Engineer GIS RANGERS, LLC City of Andover 2434 Virginia Circle 1685 Crosstown Boulevard NW Roseville, MN 55113 Andover, MN 55304 Fridley: Columbia Heights: Director of Public Works Public Works Director City of Fridley City of Columbia Heights 6431 University Avenue NE 637 - 38th Avenue NE Fridley, MN 55432 Columbia Heights, MN 55421 0 13. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. 14. LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. 15. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not 0 affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. 7 0 16. MERGER Final Agreement. This Contract is the final statement of the agreement of the Parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all pnor negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. 17. DISPUTE RESOLUTION 17.1 This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 17 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 0 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later of: (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. 17.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non-binding mediation to resolve any dispute they may have. The mediation will be conduct by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys' fees and will share equally the other mediation costs. While this mediation will be non-binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute's resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under 0 Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for 8 0 purposes of the applicable rules of evidence. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. CONTRACTOR TRI-CITY GIS ORGANIZATION By: By: Title: Title: Date: Date: By: Title: Date: 0 By: Title: Date: 0 9 0 Exhibit A Contractor shall provide the following services generally described as GIS On- Site Support, including but not limited to: . Maintain and edit all GIS datasets being used for Companies GIS . Create new datasets by: 0 Heads up digitizing 0 Merging new datasets 0 Spatial analysis 0 Geoprocessing 0 Geocoding . Create and update GIS maps . Advise Tri-City on GIS projects and software . Maintain and keep records of GIS-related software and software licenses . Customize GIS software where applicable . Customize and maintain GIS related web pages Other non-GIS services: . Create and maintain Microsoft Access databases . Customize forms and reports using Microsoft Access 0 0 10 C I T Y o F @ 0 NDOVE 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 Administrato FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Approve Surplus Equipment Sales - Public Works DATE: November 18, 2008 INTRODUCTION The Public Works Department is requesting City Council's approval to award the bids for Items #1, #2, #3, #4, #5 and #9 from the attached list of equipment to the highest bidder.. 0 DISCUSSION The attached list of equipment was declared as surplus at the October 7, 2008 City Council meeting. Bids were received on Friday, November 7, 2008. The surplus equipment recommended to be awarded/sold at this time are Items #1, #2, #3, #4, #5 and #9. The other items on the surplus equipment list will be marketed by other means (eBay, craigslist, etc.). BUDGET IMPACT The revenues from the sale of the surplus equipment will be recorded in the appropriate funds and used for future purchases and/or operations. ACTION REQUIRED Staff is recommending that the City Council award Items #1, #2, #3, #4, #5 and #9 to the highest bidder and reject the others. Respectfully submitted, 0~O.~ David D. Berkowitz . Attachment: Surplus Equipment Sale List /' 0 0 . Surplus Equipment Sale November 7, 2008 Item # Name Amount ../ #1- Dock David E. Johnson $1,562.00 Matt Krattenmaker $ 700.00 Bob Shanlky $ 403.50 Scott Allen $ 350.00 Karan Hudba $ 300.00 Jim Kane $ 225.00 Jim Wheeler $ 210.00 / #2 - 3 Point Hitch Sprayer Jim Wheeler $ 216.00 Irwin Russell $ 51.00 . ./ #3 - File Cabinets Dennis Madden $6.00/ea max 10. ./ #4 - 1990 Smithco Ball Field Groomer George Weitgenant $ 63.00 Chris Olson $ 59.00 V #5 - Tonneau Cover forPick up Truck Dennis Madden $ 42.00 0 #6 - 1996 J -Craft Dump Box No BId #7 - Graphtec Sign Plotter Richard Oelschlager $ 25.26 #8 - 2000 Holder No Bid ,/ #9 - Garage Door Dennis Madden $ 52.00 #10-1993 S-10 Blazer No Bid 0 @ 0 C I T Y o 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 Council Members CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Accept Donation of Trees / Russ Schmeichel DATE: November 18, 2008 INTRODUCTION This item is in regard to approving a resolution accepting the donation of trees planted at Sophies Park. 0 DISCUSSION Russ Schmeichel has made a donation of trees to the City of Andover valued at $885. ACTION REQUIRED The City Council is requested to approve the resolution accepting the donation. Respectfully submitted, ~-6-rJ. Lee Brezinka Attachments: Resolution 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING A DONATION OF TREES MADE TO THE CITY OF ANDOVER. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the donation from Russ Schmeichel of trees planted at Sophies Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation. 0 MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 18th day of November 2008, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk 0 (}) 0 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: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval/Raffle Permit/Benefit for the Family of Natash a Waalen DATE: November 18,2008 INTRODUCTION Nancy Becker has applied for a permit to conduct a raffle during a benefit for the family of Natash a Waalen on November 23,2008 at Pov's Sports Bar. 0 DISCUSSION Council can approve the application with no waiting period or deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, ~t&~ Mic elle Hartner Deputy City Clerk 0 (j) 0 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: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve Health Insurance Renewal and Employer Contribution DATE: November 18, 2008 INTRODUCTION The current City sponsored employee health insurance policy contract expires December 31, 2008. Administration, Finance and Human Resources departments have worked with the City's broker Johnson McCann to seek either a contract renewal with the current providers or marketing to other insurance providers to provide a quality, yet affordable employee health insurance plan. The resulting recommendation is provided below. DISCUSSION In 2006 the City of Andover for medical insurance, changed to a High Deductible Health Plan (HDHP) with a Health Savings Account (HSA), which allowed employees to have more control over their own healthcare (Consumer Driven Healthcare), which is consistent with current marketplace trends. Staff is recommending staying with the HDHP (deductibles of$2,500 for singles and $5,000 for families) with an HSA for 2009, which will result 0 in the following costs: Current 2009 Rate Rate Preferred One HDHP Single 263.03 Preferred One HDHP Family 683.86 Preferred One HDHP Single 284.07 Preferred One HDHP Family 738.57 Bas.ed on past City practices, Human Resources is recommending that the City Council continue covering 100% of the single health premium and 76% of the family premium, which would be $561.31 per month. The City will continue to partially fund the employee HSA's well within health insurance budget projections at the same amounts as last year (75% of singles and 65% of families). As in the past, if an employee opts out, the City will provide an in lieu payment to the employee of$165.00 per month in taxable income. BUDGET IMPACT Funding for Medical Insurance and HSA is included in the 2009 City Budget. Through the 2009 budget process a 15% medical insurance increase was forecasted, the proposed program is within that forecast with an actual increase of about 6%. ACTION REQUIRED The Andover City Council is requested to approve the Preferred One insurance renewal and the Health Savings Account contributions. 0 Respectfully submitted, ft~ Dana Peitso 0 cv 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 LMCIT Liability Coverage DATE: November 18,2008 INTRODUCTION The League of Minnesota Cities Insurance Trust (LMCIT) requests that participating cities annually decide whether or not to waive the statutory tort liability limits established by Minnesota Statutes 466.04. DISCUSSION 0 Attached is the "LMCIT Liability Coverage - Waiver Form" provided by the LMCIT, which provides a description ofthe options available to the City of Andover. Currently the City of Andover DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Finance is recommending continuing with past practice. BUDGET IMPACT No budget impact ifthe City does not waive limits. ACTION REQUESTED The Andover City Council is requested to not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. Attachment 0 LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 0 LIABILITY COVERAGE - WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: 0 If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $400,000.on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,200,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. 0 If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,200,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,200,000., regardless of the number of claimants. 0 If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. 0 City of Andover accepts liability coverage limits of $ from the League of Minnesota Cities Insurance Trust (LMCIT). Check one: D The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. D The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature/Date Position Return this completed form to LMCIT, 145 University Ave. W:, St. Pau~ MN. 55103-2044 0 LMCIT (11/00)(Rev. 11/03) Page 1 of 1 0 @ 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 FROM: Dan Winkel, Fire Chief 1.uJ SUBJECT: Amendments to the City of Andover Personnel Policy, Section #37, Employees and Their Membership on the Andover Volunteer Fire Department DATE: November 18, 2008 INTRODUCTION The Fire Chief and Public Works Director have been, for an extended period of time, meeting with the Public Works Employees who also serve as City of Andover firefighters, to review the types of calls that they need to respond to during daytime hours while on duty. 0 DISCUSSION Section # 37 of the City of Andover Personnel Policy identifies and outlines how the Public Works employees/firefighters are to respond to fire and ems incidents while on duty. The goal of the meetings we have had was to better define the priority types of incidents that P.W. employees/firefighters should respond to as well as others that they need not. While it is very important that these well trained employees be available to respond to daytime incidents, it is also understood that their primary job is with Public Works. There has been a very good working relationship between the two departments and understanding that ifP.W. employees respond to a call all efforts will be made to get them back to their P.W. jobs as soon as possible. The items to be added to Section #37 of the City of Andover Personnel Policy are listed by alphabetical order as they would appear in the amended Personnel Policy. BUDGET IMP ACT There will be a small reduction in the monthly payroll as the number of calls attended by the Public Works / Firefighters is decreased. RECOMMENDATION Staff is asking that the Mayor and City Council members accept and approve the recommended changes to the City of Andover personnel Policy, Section #37, Employees and Their Membership on the Andover Volunteer Fire Department. 0 b:llY':(}:J/ Dan Winkel, Fire Chief 0 Sec. 37. Employees and Their Membership in the Andover Volunteer Fire Department. (a) If an employee is working an 8 hour shift, 3 hours of training is allowed. If an employee is working a 10 hour shift, training can only be during off work hours. (b) Attendance at fIre drills shall be on a volunteer basis and shall not be considered a part of the normal work week. On scheduled training days for the Fire Department, employee- volunteers will- shall make up their hours that same day. The Fire Chief and Public Works Superintendent will agree on the hours set aside for Fire Department Training. Only those employees working an eight (8) hour shift can participate in training during days. . (c) Employees shall be allowed sixteen (16) hours paid per year for Special Training. This 16 hours of training is to come from the Fire Department Training Budget. Supervisors must be notifIed two weeks in advance prior to training. (d) When fIre or rescue calls occur during City working hours, two employee volunteers are automatically relieved of other duties and will immediately respond to the fIre or rescue call. Other employee volunteers would respond only for a general alarm. Once on the frre call, City employees are responsible only to the Fire Chief or Fire OffIcer in charge and remain under his/her charge until relieved from duty. (e) Time spent by City employees on frre/rescue calls will be charged to the Fire Department budget. (f) The Fire Chief or Fire OffIcer will relieve all but one City employee as soon as they return to 0 the station and the others when their assignment is done. (g) All City employees returning to Public Works will punch back in and write in their call out time. (h) No City employee will respond to frre or rescue calls while on their week of After Hour Duty with the Public Works Department. (i) No Public Works/FirefIghter employee will respond to frre calls while on a high priority work assignment without the approval of their supervisor. The Fire Department will not penalize Public Works/FirefIghters if they are on a high priority work assignment and cannot report to a frre call. The amended response policy, Section #37 of the City of Andover Personnel Policy shall be changed and effective upon Mayor and City Council approval to include the following language: G) Public Works employees who also serve as firefighters for Andover shall respond only to the below listed types of incidents during weekdays while on duty as a Public Works employee. (k) All structure fires in Andover as well as calls for mutual aid assistance to surrounding communities. (1) Major vehicle crashes when extrication is needed and there are more than three (3) patients. 0 0 (m) Known possible heart attack with C.P.R. in progress. This does not include patients who are conscious and complaining of chest pains. (n) Mass casualty incidents where there are more than three patients who need medical assistance. (0) When the fire department is responding to more than two active calls at the same time and additional staffing is needed. (p) The P.W. employees/firefighters, which are also fire department Officers, are allowed to drive a fire department vehicle to work and use the vehicle(s) to respond to fire department incidents as the need arises. (q) Two of the three P.W. employees/firefighters who are working will be allowed to respond to certain calls in a fire department marked vehicle under the following conditions: 1. The incident is of a serious nature that will require many firefighters to attend. 2. The call is within one mile of the P.W. facilities on Crosstown Blvd. 3. The very rapid response by P.W. employees/firefighters will have a significant effect on the outcome of the event. 4. At least one of the responding firefighters will contact the Fire Chief or Fire 0 Officer in Charge prior to responding to confirm that P.W. employee/firefighters are needed at that incident. Note that all Public works employees shall contact the Fire Chief on his Nextel Direct Connect line, 104* 17901 * 12, if there is any question as to whether or not you should respond to a certain type ofincident(s). Should the Chief not be available, the Fire Officer in charge should be contacted prior to responding to the call. Also note that all ofthe other items listed in Section #37, titled "Employees and Their Membership in the Andover Volunteer Fire Department" of the City of Andover Personnel Policy shall remain in effect and unchanged. 0 C I T Y o F @ 0 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: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Consider Closing City Offices The Day After Christmas DATE: November 18,2008 INTRODUCTION City management is proposing that City Offices be closed the day after Christmas, Friday, December 26th, 2008. 0 DISCUSSION Christmas day falls on a Thursday this year, and many employees would like to take Friday off. It is projected that there would be little to no public access demand that day. In 2003 and in 2007 a similar request was made of the City Council and there were no complaints from residents or employees about being closed on Christmas Eve. This is not a regularly scheduled holiday, therefore, employees who would like to work may do so, but employees who would like to take the day off would use vacation time or compensatory time to offset the hours not worked. ACTION REQUESTED The City Council is requested to approve closing City Offices on Friday, December 26th, 2008. Respectfully Submitted /L~ Dana Peitso 0 0 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: Will Neumeister, Community Development Director we[ SUBJECT: Adopt Assessment Roll/Improvement Project 08-25 - Planning DATE: November 18, 2008 INTRODUCTION 0 On September 2, 2008 the City Council adopted a resolution accepting completion report and called for the public hearing on assessing costs of abatement of the failed septic system at 2279 154TH Lane NW, Project No. 08-25. The attached resolution should have also been approved to adopt the assessment roll. This is needed to submit the assessment to the County for collection. ACTION REQUESTED The City Council is requested to adopt the attached resolution adopting the assessment roll for improvement project No. 08-25. Respectfully Submitted, {~ Will Neumeister Attachments: Resolution Assessment Roll 0 CITY OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 0 -08 MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 08-25 (REPLACEMENT OF FAILED SEPTIC SYSTEM AT 2279 154TH LANE NW). WHEREAS, 'pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. Such proposed assessment, a copy of which is attached hereto and made a parat hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 0 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extendin~ over a period of.Q years. The first of the installments to be payable on or before the 15 h day of April 2009, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 18th day of November , 2008 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Jim Dickinson - City Clerk 0 Exhibit A F' M }Iv., '0't / 0 lD X'..;o / .~ o t<-'? / \JK //11 \'>c \ / \; ~ fJ // u.J ~t-' / OL() L() f ~ ~l'-: I"- ..J c<:i / t:!: L()CO ~ 'J ~O> ~ / o. ~. N .fi I 0 I"-~ as iv(5l I- ~ 'rvf ~ ~ OL() L() ""-:CC! I"- M I"-L() N ..... L()CO "<:/" 0 L()" CD N . ~ ~ ~ ~ MN L() ~<<! l'-: N L()CD N ..... I"-CD "<:/" 0 "<:/".~ CD N - ~ ~ ~ ~ 0 3: 0> CD L() Q:Q: Z ~l'-: l'-: CI) ..... COc<') N W- C ..... O>"<:/" "<:/" >C CU 0 c<').N. CD ql N . ..J ~ ~ ,C C ~ ~ - o::r 0 u.Ul It) E ..... O~ 0') "C CD 0> L() t-- ~ ~CC! l'-: >-ca N 0 CD CD N I- .- N "C ..... N~ "<:/" - U 0 c<') c<') CD O,CI) - 3:~ ns N - . 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WWW.CI.ANDOVER.MN.US TO: Mayor and C01lllcilmembers ~ CC: Jim Dickinson, City Administrator FROM: Captain Tom Wells - Anoka County Sheriffs Office SUBJECT: Anoka County Sheriff s Department Monthly Report - Sheriff DATE: November 18, 2008 0 INTRODUCTION Captain Tom Wells from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. ' -, . , . DISCUS::~h'-'l'-J To be verbally presented. ACTION REQUIRED F or Council information. Respectfully submitted, Captain Tom Wells Anoka County Sheriff s Office - - 0 @ 0 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: Will Neumeister, Community Development DirectoraeL. SUBJECT: Public Hearing: Amend Zoning Code/Add Subordinate Classroom Structures-- Planning DATE: November 18,2008 INTRODUCTION / DISCUSSION The Council discussed and approved a time extension for Andover Christian Church's portable classrooms on August 19,2008. Staff was directed to study the issue of how the code allows these and if the code needed to be changed to make it clearer on how they are treated. That information 0 was reviewed and discussed at length at the September 16, 2008 Council meeting. No conclusion was reached that evening and the following week staff met with the City Attorney to put together a new recommendation on what needed changing. Our recommendation, if the Council wants to make them permitted uses, requires a simple change to the Zoning Code to add a definition for "Subordinate Classroom Structures" and add that use to the list of permitted uses in all residential zoning districts. See attached proposed Code Amendment. If the staffhas misinterpreted what the Council wants, then this should be continued and discussed in depth at the workshop on November 25, 2008. ACTION REQUIRED The City Council is requested to hold a public hearing to discuss the proposed Zoning Code Amendment. If there is consensus to make the use a permitted use, please adopt the proposed language into the Zoning Code. Respectfully submitted, Will Neumeister wL Attachments: Proposed Zoning Code Amendment List of Portable Classrooms 0 Minutes of Council Meeting (Sept. 16, 2008) 0 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE - AMENDING CITY CODE TITLE 12 TO ESTABLISH SUBORDINATE CLASSROOM STRUCTURES AS A PERMITTED USE IN ALL RESIDENTIAL ZONING DISTRICTS WHEREAS, a public hearing was held before the City Council, and; WHEREAS, the City Council reviewed the proposed code change; and WHEREAS, the City Council has determined that the Zoning Code needs to define "Subordinate Classroom Structures" and make them a permitted use in all residential zoning districts. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDOVER, DOES HEREBY ORDAIN AS FOLLOWS: City Code Title 12, is hereby amended as follows (underlining indicates new language and strikeouts indicate language to be removed): 0 Subordinate Classroom Structures - Those structures erected upon a lot containing a school or church structure as the principal use, for the purposes of either classroom instruction or office use associated with the principal use, and which meet all state code requirements. Amend Table of Uses to allow "Subordinate Classroom Structures" as a permitted use in all residential zoning districts. All other sections of the City Code shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 18th day of November, 2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Jim Dickinson, City Clerk 0 -z-- 0 Portable Classrooms in Andover Meadow Creek Christian School Original CUP Approval- July 2002 Extension Approved - May 2007 Currently Set to Expire - July 1,2009 Grace Lutheran Church Original CUP Approval - May 2006 Currently Set to Expire - December 31, 2008 Andover Christian Church Original CUP Approval - 1998 Extensions Approved - 1999,2003,2008 Currently Set to Expire - August 31, 2013 Andover Hie:h School Original CUP Approval- No CUP needed as schools are permitted uses. The portable classrooms were installed in June 2004 Currently Set to Expire - N/ A 0 0 ~3- 0 Regular Andover City Council Meeting Minutes - September 16, 2008 Page 6 . Tom Washion, Clocktower Wine and Spirits, thought by putting an intersection on both sides is mor pealing for potential businesses to come into that area. He thought this would also bring business loser to Hanson and Crosstown. He did not think a right-in/right-out would work and three quarters minimum would be better. Ms. Hailey Rider, 9201 land Lane, Maple Grove, Working Manager of Great Clips, stated a lot of her clients have asked if are going to put in an access there. She thought if this were to be approved and put into place it wou definitely benefit all of their businesses. She stated people do not know a lot of the businesses are the because the access is not close by. Coun.cilmember Orttel thought the monument SI approved in the PUD would help because it would list all the businesses names. He thought this supposed to be displayed awhile ago. Mr. Jeff Smith, 2813 Silver Lane, St. Anthony, the new owner 0 Donalds for the past two weeks stated he did not know if traffic is bad or not but they are busier than ought they would be. He stated he actually closed a McDonalds in Champlin because of traffic issue . e stated a lot people do not know McDonalds is there. He noted the 50MPH hurts them also becaus fast. 0 Mayor Gamache thought any additional access would be better for business and indicated would work on this to bring it to the Planning Commission for revision review. .. DISCUSS ACCESSORYffEMPORARY STRUCTURE DEFINITIONS AND CODE The Council's discussion on August 19, 2008 related to the temporary classrooms for the church located at 16045 Nightingale brought up questions about how the code is currently worded and if it should be reviewed. Staff was directed to look into how the code is currently written and offer language that may be added to the code to make it clearer how temporary/portable classroom facilities are regulated. City Attorney Baumgartner reviewed the changes he would like made to the definition and code. He suggested the language in the Code be written a little differently "a structure not permanently erected on a site "without a foundation" other than a living unit that is used for emergency purposes; ef used on a construction site for offices and equipment storage during construction of a permanent structure; or used as portable classrooms or offices". He thought by rewording it in such a way they identify portable classrooms or offices as temporary structures in and of themselves regardless whether or not there is an emergency purpose attached to it. He thought it cleared the language up and made it clearer to the reader. He thought the changes made by staff do tighten this up. 0 Councilmember Orttel asked if they are adding portable classrooms to the definition of temporary structures. City Attorney Baumgartner stated that was correct. Councilmember Orttel asked if the language "portable classrooms" was not in the wording before. City Attorney -.y- 0 Regular Andover City Council Meeting Minutes - September 16, 2008 Page 7 Baumgartner indicated it was not. Councilmember Orttel wondered how they are regulating them. Councilmember Trude thought the definition needed to clearly apply to that. Councilmember Orttel stated he was concerned that portable classrooms were being considered temporary structures when in reality they are not. He wondered if the State Code referred to them in this manner. Mr. Neumeister stated the way they dealt with this was that churches are conditional uses so anytime they needed a temporary building they had to come through a CUP process. There is hardly any language in the City's current temporary structure defmitions or in the language on the last two pages of the report that referred to a portable classroom. They feel it is important to bring some of this into the Code. They also added a section on the last page of the report that brings in temporary buildings such as this as a Conditional Use so there is not a loophole for the schools to be exempt. Councilmember Orttel wondered if there is something in the State Code that refers to portable classrooms and the regulation ofthem. Councilmember Trude stated she was involved with parents looking at this within the School District and what she understood was quite often the State Fire Marshall was regulating them. Councilmember Orttel thought they may be putting too many regulations on these things when they are regulated elsewhere. 0 Councilmember Knight agreed and stated when the schools get the buildings they are made specifically for children in the classroom and that is not necessarily true of other temporary classrooms. Councilmember Jacobson agreed with Councilmember Orttel and thought a school was a school. Councilmember Trude stated she has dealt with these in other cities and the rooms are built more like a modular home and only last twenty years or so before they need to be replaced. Councilmember Orttel stated his concern is that they would have a situation where in the future the Council will not allow schools classrooms because they would rather have a new school built or added onto and they would have that ability with this. He did not think this was proper and safety wise they are covered by the Risk Management people at the School District, the Fire Department and the City and probably by other codes that apply. Councilmember Trude stated if they do not have something in place and they start getting these buildings second hand it becomes a health safety issue. Councilmember Jacobson asked if Councilmember Orttel was suggesting that if it is a portable for use in a school situation that they should allow that without anything. Councilmember Orttel thought it should require a building permit and subsequent review by the Fire Marshall. Councilmember Jacobson, asked if a school came in and indicated they were putting in a portable classroom but it was not being used as such, it would be for office staff and lounge, would that 0 be allowed. Mr. Neumeister stated it would not because the City Attorney added the words "or offices" in the definition because he foresaw that was a question they would have. Councilmember Jacobson stated on page five, even if they had a temporary structure at the school, they would have to get rid ofthem at the end or eight years or unless approved by the -s- 0 Regular Andover City Council Meeting Minutes - September 16, 2008 Page 8 City to continue to use them, but what criteria would they use for doing that. Councilmember Trude thought it would be helpful to have some reports from people who manufacture these to see what the useful life is and talk to some building officials in neighboring cities. Councilmember Jacobson did not think they gained anything by this verbiage and what changes they have from the last time they discussed this. . City Attorney Baumgartner thought they did gain something because the language they had did not identify a temporary structure as being a portable classroom at all and regardless of how they want to address this, whether they see it as something more than a temporary structure on a construction site or whether they see it as some type of accessory structure he thoughtat least this language does further their understanding by at least identifying a portable classroom whereas before it was not even addressed. He thought the problem where it came in was the structure was not really identified at all. He thought it was at least important to acknowledge and identify what a portable classroom is or they will be back in the same situation again. Councilmember Jacobson stated his concern is that they have temporary structures that are really not temporary but permanent for twenty or thirty years. If they are temporary, they should be temporary. He did not think they gained anything by changing the language. 0 Councilmember Trude asked if staff could do more research on these to fmd out how long the temporary structures are meant to last. Councilmember Orttel stated he was concerned by the language regulating the School District ability to operate. He did not think it was the City's position to regulate this for the School District. The Council discussed with City Staff and the City Attorney regulations and safety inspections regarding the temporary structures along with regulating churches versus schools. Councilmember Orttel thought if there is no defmition in the State Building Code but if they are an accessory use to a primary building or location, a church school should have the same treatment as a public school. He did not believe the City has the authority to regulate what School Districts can do. Councilmember Jacobson thought they could have the structures inspected by the Fire Department and Building Department either every year or every other year on a continuing basis to make sure they are suitable and meet all the codes. He thought they should direct staff to take a look at this and come back with some new language incorporating the inspections and what they are going to be looking for and the suggestion on the defmition by the City Attorney is ok. He thought staff needed to look at the issue on page 5, under Item E adding "Building 0 Department" after Fire Department. Mayor Gamache asked if they are going to come back with the same basic Code that will still include schools. City Attorney Baumgartner thought the first item they should do is identify -6- 0 Regular Andover City Council Meeting Minutes - September 16, 2008 Page 9 what a portable classroom is and from the discussion it seems that how it is described, it is more of an accessory structure as opposed to a temporary structure being a secondary use. If looking at the definition of accessory structure it seems that what they have been discussing and identifying the portable classroom is a use that is subordinate to in serving the main structure whether it is a church or school. It seems to more clearly fit an accessory structure type definition. Having said that the rest of the code itself, in talking about accessory buildings only identifies garages so in order to identify a portable classroom as an accessory structure there would have to be another portion written into the code that specifically identifies a portable classroom as an accessory structure. Yet dealing with that separate and distinctively from how they deal with an accessory structure such as a garage. They would have to build something into the Code that targets the portable classroom as an accessory structure and what type of permit or inspection process and it would have its own separate section within the Code and for clarity sake that might be the way to do it. Councilmember Trude indicated she would sti11like to get some information from the manufacturers of these buildings to see if it conforms to building code. She did not know if their design and materials would meet the City's requirements for an accessory structure. 0 Councilmember Trude wondered if they would have any length of time for the structures to be on the property. The Council discussed what would be an adequate amount oftime for the structures along with health and safety issues. 'f t? Council directed staff to comeback at a future meeting with more definitive language. ~ >r . APP BOND SALE - $630,000 G.O. EQUIPMENT CERTIFICATES, SeRIES 2008A The Andover CI Council is requested to approve the sale of $630,000 General Obligation Equipment Certificat Series 2008A to provide fmancing for equipment purchases that were approved as part of the 20 City of Andover Operating Budget and 2008-2012 Capital Improvement (CIP) Process. Motion by Knight, Seconded by Jacobso , to approve the attached Resolution providing for the Issuance and Sale of$630,000 General Obligatl ~uipment Certificates, Series 200A and levying a Tax for the Payment Thereof. Motion carried un ously. (RES. R073-08) SCHEDULE EDA MEETING The Council is requested to schedule an EDA meeting at 6:00 p.m. before the 0 Council meeting. Motion by Trude, Seconded by Jacobson, schedule an EDA meeting on October 7, 2008 at 6:0 Motion carried unanimously. -7- @ 0 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: Michelle Hartner, Deputy City Clerk SUBJECT: Consider On-Sale Intoxicating and Sunday Liquor License/15190 Bluebird St. NW, Suite 114 DATE: November 18,2008 INTRODUCTION Z Bros. Inc. dba BeefO'Brady's has applied for an on-sale intoxicating and Sunday liquor license for a restaurant located at 15190 Bluebird St. NW, Suite 114. 0 DISCUSSION The restaurant seating capacity is 127. City Code requires seating for at least 100 persons in order to have on-sale liquor with a restaurant. The Sheriff s Office has completed their background investigation. The appropriate fees have been paid. ACTION REQUIRED The City Council is requested to consider approval of the on-sale intoxicating and Sunday liquor license for Z Bros. Inc. dba BeefO'Brady's. Respectfully submitted, ~Mfru,v Michelle Hartner Deputy City Clerk 0 Attach: License Application Sheriff s Office Background Investigation Certificate of Insurance 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ON-SALE INTOXICATING LIQUOR LICENSE APPLICATION False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. In answering the following questions, "Applicants" shall be governed as follows: For a Corporation, one officer shall execute this application for all officers, directors, and stockholders. For a Partnership, one of the "Applicants" shall execute this application for all members of the partnership. EVERY QUESTION MUST BE ANSWERED 1. I, AnI1z6J1 -:JOsef bee-ce.. as ?f<SI-~ First { Middle Laih' ~ fAJ.',,'J for and on behalf of 'i:;- BY'D s,tuc- Jb~ Beef He by apply for an On-Sale 0 Intoxicating Liquor License to be located at 1)'/90 Bitt ,,/.;'rv shl.J W #'11'1 , City of Andover, County of Anoka, State of Minnesota, in accordan'ce with the provisions of Minnesota Statues, Chapter 340, commencing / ,20_and ending ,20_. 2. Applicant's date of birth Birthdates of Partners or -~ Officers of Corporation If1 a'~ (C ce e c-e 3. Applicant's Phone Number , 4. The residence for each of the applicants named herein for the past five years is as follows: 1fn~7 '?::et'GC- ~ 15:79P' era ~ sf. A/v", 4vtc4v~r, 11tA/ ,)J30/ IhA-Hkv lUCe, -1...3l,l{l{ l~1iw ,. Sr~f HN ~Sc!)'l c) . ' , 5. Is the applicant a citizen of the United States? '('fJ If naturalized, state date and place of naturalization: If a corporation or partnership, state citizenship of all officers or partners fA) 0 0 6. The person who executes this application shall give spouse's full name and address. ~1 ,+-~ ceeu-f~~ . _ 0/ ~..~. >7-.. t./ .~ #fvJJ3o,/ 7. What occupations have applicant and associates in this application followed in the past five years? . ~M-~ -c~ c c.e - mn- ~ tieyC +-- eo J?7m e rc/tvt I) () nice J- If! GIlleM te e..c-e- - fl-P f? ~tt-) tv , Of4,,-a..-liOl-ls M6-lVt'l.fep' f 8. If a partnership, state name and address of each member of partnership. 0 If a corporation: "...,.... Date of incorporation: Vlwl.. ]0 / 20u r State in which incorporated: 11 / II fl eSb hY Amount of authorized capitalization:. Amount of paid capital: If a subsidiary of another corporation, so state: Name and address of all officers, directors, and stockholders, and the number of shares held by each:: . . A-JJ'1k()"'f LeeC..-L- ..~ -j)/ej. l IS7rg- C/2-tu1.e ~ r fIItJ IItd,n/ev,F 11/1/ .5 S3a'-! ""}/"CJo Share /I1AHltfiiZ.eecL - fllct:- ~l'eS'1 Z'3(.,qq l-Ie"{/...t..V-,STp:jt.a{(~('JJ' {V/..) 5)070 _ IDOt) shQY1 , If incorporated under the laws of another state, is corporation authorized to do business in this state: Number of certificate of authority: 9. 0 0 10. Describe the premises to be licensed. f(J? .;, -h:t,aUA1 t . 11. Is the establishment located near an academy, college, university, church, elementary, middle school or high school? ~tQf State approximate distance of the establishment from such school or church: (dOG' +- 12. Give name and address of owner of building establishment is to be located in. TCfVn KCJb~v-fJ - c;~l.f ? /'YJf/la cl~ yr. # [f/f~ fr~/'y/~ h;A../ (p () -1'10 - J-76 c. f r fS-3r't Has owner of building any connection, directly or indirectly, with applicant? ho 0 13. Are the taxes on the above mentioned property delinquent? hI) In accordance with City Code Title 3, no license shall be granted for operation or renewal on any premises on which taxes, assessment or other financial claims of the City are delinquent and unpaid. 14. State whether applicant or any of his associates in this application have ever had an application for a liquor license rejected by any municipality or state authority. 110 If so, give date and details: 15. Has the applicant or any of his associates in this application during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances? /!to If so, give date and details: 16. State whether applicant or any of his associates in this application during 0 the past five years were ever convicted of any law violations or any crime in this state or any other state or under Federal Laws. . o If so, give date and details: ~ 17. State whether any person, other than applicants, has the right, title or interest in the furniture, fixtures or equipment in the premises for which license is applied; and, if so, give name and details: h 0 - ft../e..... '0 h~l/L, a.M S6/J-- 16~/Il it)h,vlt iJ 54!..GLfy.p(J CIi.vb.) {/VI .~rlptrl-U.~... ,t.,)c../r..,...e.s .,;... e.~y~ 18. Is the applicant or any of his associates in this application a member of the City Council in the municipality where this license is be issued? no If applicant for license is the spouse of a member of the governing body or where other family relationship exists, such member shall not vote on this application. 19. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota? nO o Give name and address of such establishment: 20. 21. What is the seating capacity of this establishment? 1d-.7 22. During what hours will food be available? / I (U41 - JI fJ /iYJ If 23. State the name of the person who will operate the restaurant. A -hum 7 t:.-e ~r -f'- . /J1! n HI!.H./ e.-e''1"'' ('.,.e O 24. State the name of the person who will operate the bar. II-nflta71r ~-e.~c -e. mq -fHt,?1iJ ..g-e t"'C'-e...- I 0 25. State the number of people the restaurant will employ. tlf! relY; 'to 26. Will food service be the principal business of this establishment? tji?S 27. State trade nam~ t? b~ used. 'i . S. ^ ft b 'Bee+- 0 8rctJ,lr~) y ,~r.rrI-s u 28. If this restaurant is in conjunction with any other business (such as resort, etc.) describe such business. . 11&1 29. How many years has this business been in operation under this ownership? I 30. Does applicant intend to sell intoxicating liquor to other than the consumer? 110 31. How many months of the year will this establishment be open? 0 i;l - 32. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and sale of intoxicating liquor, rules and regulations, promulgated by the Liquor Control Commissioner, and all laws of the country, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true to my knowledge. 33. Prior to consideration of the application an investigation shall be made by . the county sheriff's department of all persons listed on the license application. ~~~ 10 I, /0 Y / j ature / I Date 0 0 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 325 East Main Street, Anoka, MN 55303-5038 (763)323-5000 Fax (763)422-7503 October 27,2008 Michelle Hartner' City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 RE: Combination Application for Retailers (On-Sale) (Off-Sale) 3.2% Malt Liquor License, Z-Bros Inc, dba Beef '0' Brady's Family Sports Pub Dear Ms. Hartner: I received the attached Combination Application for Retailers (On-Sale) (Off-Sale) Malt Liquor License regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): 0 1. Anthony Josef Zeece 2. Matthew Karl Zeece-" Certification by the Anoka County Sheriff's Office This is to certify that to the best of my knowledge the above-named individual has not been convicted within the past five years of any violation of laws ofthe State of Minnesota, or Municipal Ordinances relating to the sale of non-intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his/her date of birth. Please note that the above-named individuals may have other-reported incidents that do not include the sale of non-intoxicating malt liquor or intoxicating liquors. Sill(lidfZ Bru der ohn Sheriff 0 psi Affirmative Action / Equal Opportunity Employer 0 REPORT ON APPLICANT OR APPLICANTS BY SHERIFF'S OFFICE This is to certify that tothe best of my knowledge, the applicant, or his associates named herein, have not been convicted within the past five years of any violation of the laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non-intoxicating liquors except as hereinafter stated. Date: lo./~ <6--0<(' 0 0 o/b/ZOOB lZ:bb J:JM Odiorne Insurance 81'/o::$'/bbB8Z::$ OOZ ACORQ CERTIFICATE OF LIABILITY INSURANCE I DA1E (MMlDDNYYY) 06/04/2008 ~""""" (813)685-7731 FAX (813)685-1823 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 4 iorne Insurance Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 206 N. Parsons Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Post Office Box 830 Brandon, FL 33509 INSURERS AFFORDING COVERAGE NAlC# INSURED Z-Bros, Inc. dba Beef O'Brady's INSURER A: THE OHIO CASUALTY INSURANCE CO 24074 23644 Heather Street NW INSURER B: TECHNOLOGY INSURANCE CO St Francis, MN 55070 INSURER C: INSURER D. INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. INSR ~'?;~ TYPE OF INSURANCE POLICY NUMBER PgkW~~gm,e Pg~!fl~~~~N LIMITS LTR NS GENERAL LIABILITY B08052718359 OS/27/2008 01/01/2009 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL lIABILrTY DAMAGE TO REN1ED $ 300,000 - :=J CLAIMS MADE [8J OCCUR MED EXP (Any on~ person) $ 5,000 A X - 1,000,000 PERSONAL & ADV INJURY $ - GENERAL AGGREGA1E $ 2,000,000 - 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ I POLICY n ~~8i- n LOC AUTOMOBILE LIABILITY B08052718359 OS/27/2008 01/01/2009 COMBINED SINGLE LIMIT - (Ea accident) $ ANY AUTO 1,000,000 - ALL OWNED AUTOS BODILY INJURY - - (Per person) $ SCHEDULED AUTOS A X X HIRED AUTOS BODILY INJURY C) X (Per accident) $ NON-OWNED AUTOS - PROPERlY DAMAGE $ - (Par accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO 01HER 1HAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY B08052718359 OS/27/2008 01/01/2009 EACH OCCURRENCE $ 1,000,000 m OCCUR D CLAIMS MADE AGGREGA1E $ 1,000,000 A X $ R DEDUCllBLE $ RETENllON $ $ WORKERS COMPENSATION AND I WCSTATU- I 10TH- TORY LIMITS ER EMPLOYERS' LIABILITY B08052718360 OS/27/2008 01/01/2009 E.l. EACH ACCIDENT $ 100,000 B ANY PROPRIETORIP ARTNERlEXECUTlVE OFFICERlMEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE $ 100,000 ~r,e~c~:E~~6~r~'6NS below E.L. DISEASE. POLICY LIMIT $ 500,000 01HER B08052718359 OS/27/2008 01/01/2009 General Aggregate $1,000,000 A liquor liability Each Occurrence $1,000,000 ~ESCRlP1l0N OF OPERATIONS' LOCATIONS 'VEHICLES' EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS 5190 Bluebird Street, Suite 114; Clock Towers Common, Andover, MN 55304 Certificate Hol~er is Additional Insured as Their Interest May Appear under Liquor liability Coverage. CERTIFICATE HOLDER CANCELLATION SHOUlD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPRAllON DA1E THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~DAYS WRITTEN NOTICE TO THE CERllFICA1E HOLDER NAMED TO 1HE LEFT, BllTFALURETO MAIL SUCH NOTICE SHALL IMPOSE NQ OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGEms DR REPRESENTATIVES. City of Andover AUTHORIZED REPRESENTATIVE t-- Steven Odiorne (C)/SLA ACORD 25 (2001/08) FAX: (763)755-8923 @ACORD CORPORATION 1988 0D 0 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 Parties/Events DATE: November 18, 2008 INTRODUCTION In response to resident complaints regarding outdoor concert events, the Council discussed at a workshop (September 23, 2008) the merits of approving outdoor parties/events, in particular where the extension of a liquor license is requested. DISCUSSION Over the past year, two local businesses (Pov's Sports Bar and Tanners Station) have requested the extension of their liquor license in conjunction with an outdoor concert event. Pov's held one weekend event (July 18th & 19th) and Tanners Station has held three weekend events (June 20 & 21, August 1 & 2, and September 26 & 27). 0 During each of the events some resident complaints have been received during the events where Sheriff Deputies have been dispatched to the establishments and to the neighborhoods. In addition, residents have appeared before the Council at resident forum, the September 23rd workshop, sent correspondence, and called staff and Council voicing their concerns about the noise and the activities associated with these outdoor parties/events. Attached to this Staff report are recent Council meeting minutes where this topic has been discussed, a copy of the City Code for Noise control, and a brief fact sheet on decibel readings. Staff will be updating the current application process to include a schematic of the event and a narrative on how the bar/restaurant intends to mitigate the sound. Staff is seeking direction on how the Council would like to proceed relative to the number of events (if any) the Council feels is appropriate, and the bar/restaurant owners need this direction so they can plan accordingly. ACTION REQUESTED The Council is requested to discuss the merits of approving future outdoor concert events where the request for a liquor license extension is requested and provide direction to staff and bar owners on how to proceed. ---- 0 Attachments 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page SOCIE ON Cou oncal Society made a VI e tion of the Anoka County Ia Celebration to the City Council and residents. CONSIDER APPROVAL OF EXTENSION OF LIQUOR LICENSEIPOV'S SPORTS BAR Mr. Dickinson explained Brad Povlitzki, Pov's Sports Bar, has submitted a request for an extension of his liquor license. Pov's is planning to hold their outdoor music celebration July 18th and 19th, 2008 and would like Council to approve an extension of their liquor license to include their fully enclosed ball fields. They plan to provide security outside during the event. They would like the bands to play until midnight, which is not consistent with the ordinance. The noise ordinance prohibits noise after 10:00 p.m. Councilmember Orttel asked if the permit extends their operating hours under the liquor license. Mr. Dickinson stated the City's noise ordinance will apply even if the liquor extension is approved. 0 Councilmember Trude thought the whole issue of regulating this comes back to the complaints they received from the community regarding the noise. Councilmember Orttel understood there were four complaints last year, two from Coon Rapids and two from neighbors. Mr. Dickinson stated there were actually five complaints, two from outside the community and three from within the community. Mayor Gamache stated last year they requested some noise testing be done and the Council had the report from the Sheriffs' Department. He reviewed some of the tests. Mr. Dickinson stated the decibel meter report was done by staff and not the Sheriffs' Department. Councilmember Trude noted that the report indicates it started raining during the monitoring and no complaints were made that evening. ALL of the complaints were made the second night when a different band performed. The Council discussed the noise complaints from 2007 with staff. Mr. Povlitzki stated this year they are going to have two rock bands. He did not know how the noise can be heard in another community and they will try to keep the noise down this year and make every effort to control the noise. They will place a tent over the stage to control the noise. He has been doing this concert for fourteen years and hoped he would be allowed to continue to provide this. Mr. David Luna, 2909 141 st Avenue, stated he attended the event last year and thought it was well organized. The entertainment was excellent and the crowd was well behaved. He thought Andover 0 deserves something like this once a year. Motion by Orttel, Seconded by Gamache, to approve the liquor license extension for Pov's Sports Bar for July 18 and 19, 2008 until midnight outside their current premise, which includes the 0 Regular Andover City Council Meeting Minutes - May 6, 2008 Page 4 enclosed ball fields. Motion carried 3 ayes, 2 nays (Jacobson, Trude). Councilmember Trude stated she is voting against this because last year she indicated if it was not controlled she would not continue to approve it. ONSIDER CONDITIONAL USE PERMIT FOR VERlZON WIRELESS/13595 HANSON OULEVARD NW Mr. eumeister stated Verizon Wireless has applied for a Conditional Use Permit to locate a cellular phone tenna in Andover. Verizon less would like to locate an antenna on the 200-foot communication tower 0 noka County's radl epair facility property near the intersection of Hanson and Bunker Lake ulevard. The antenna arm will be attached to the tower at 130 feet. Verizon is also proposin 350-square foot enclosed equi ent shelter at the site. Mr. Neumeister reviewe the information with the Council. 0 Motion by Jacobson, Seconde by Knight, to approve the Condition se Permit request. Motion carried unanimously. (Res. R04 8) CONSIDER VARIANCE/SIDE VETERANS MEMORIAL BOULEVARD Mr. Neumeister explained the applicant is see the side street than allowed by the City Co Mr. Neumeister reviewed the staff re rt with the Co Councilmember Jacobso ated they need to find a hardship a the only hardship he could find was that they want to b d a larger house than will fit on the lot. . s is an economic hardship and something they can grant. Councilmemb Trude thought the hardship would be the landscape an opography of the area, which wo be a unique condition. She stated this area is heavily woo ed and the physical charact tic is that it is an urban area adjoining a rural area. In their City they ually do not have stree oining these two areas so this would not normally have been a comer lot. t the street goes 0 t gh and narrows because the neighborhood changes. Councilmember Jacobson thought the real issue is that the size ofthe home they want to build on the 0 Regular Andover City Council Meeting . utes - June 3, 2008 Page rove an extension of Part A until July 15,2008, which makes Pa 0 due on July her directing staff to bring back to the next meetin an amendment to the development contra . . n carried unanimously. CONSIDER APPROVALIEXTENSION OF LIQUOR LICENSE/TANNERS STATION Mr. Neumeister explained Raymond Warmuth, Tanners Station, has submitted a request for an extension of his liquor license for three outdoor music celebrations on June 20,21 and 22, August 1,2,3, and September 26,27 and 28,2008. Councilmember Trude wondered if the music would be on all three nights. Mayor Gamache thought it would be on Friday and Saturday nights during each event. The applicant reviewed the plans with the Council on how the site will be set up. Councilmember Trude wondered what size speakers will be used. The applicant stated it would probably be mid-size speakers. 0 Councilmember Orttel stated the problem they had in the past was that the extension of the liquor license did not extend the time. Mr. Dickinson stated the decibel levels that can be received in a commercial zone are different than in a residential zone. Mayor Gamache reviewed the tent set up with the applicant. The applicant drew where the band will be located at within the tent. Councilmember Trude thought at their next workshop they should talk about outdoor event licensing. She stated she had many comments since their meeting on POV's and thought they will have a lot of people at the meeting if there is noise in the neighborhood east of Hanson Boulevard. Mayor Gamache noted the band will be on the east side facing the west but the tent will be enclosed at the end. The applicant agreed. Motion by Jacobson, Seconded by Knight, to approve the extension of the liquor license for Tanner's Station for three outdoor music celebrations on June 20 and 21, August 1 and 2, and September 26 and 27, 2008 authorizing staff to provide the applicant with the noise ordinance making sure they understand what can be done and when the band needs to quit playing. Councilmember Trude asked for an amendment to the motion to include "the August and 0 September concerts be contingent upon a positive report regarding the June 2008 event." Councilmember Orttel stated there is a problem with that because he assumes the applicant has to make deposits for the bands well in advance. The applicant indicated the bands were already 0 Regular Andover City Council Meeting Minutes - June 3, 2008 Page 7 booked. Mr. Dickinson stated they can have a staff person on-site taking decibel readings if needed. Councilmember Trude stated she did not care what the readings indicate; she only cared about what the community says. Councilmember Jacobson stated he would not accept the amendment based upon Councilmember Orttel' s discussion. Councilmember Trude stated Tanner's has not had a negative history, but the concerts were done last year. The applicant indicated they did not have concerts last year. Councilmember Trude stated these events can really affect the reputation of the restaurant in the community and she was concerned about scheduling that many of them and not knowing how they will go. It was noted that the Council has concerns about the impact to neighborhoods and if problems occur it will affect the future approval of these types of events. / " Motion carried unanimously. , 0 PPROVE QUOTE FOR HOUSE REMOVAV14905 CROSSTOWN BLVD NW Mr. umeister explained Prodger House Movers has submitted the attached quo and mo the vacant house at 14905 Crosstown Boulevard. reviewed the information with the Council. Councilmember 0 1 suggested the City put the house up fo Q to the public rather than for quote for house remov Councilmember Trude wond d if they could 100 having ACCAP purchase this or give it as a donation for low-income hOUSl rather than it to a house mover. Mr. Dickinson stated if ACCAP were to take this property wo need to bring the entire structure up to current code which would be cost prohibitive s particular home. He stated ACCAP looked at this house and backed away from it becau e requirements set by their federal funding. Motion by Knight, Seconded b acobson, to re t the attached quote for moving the house and remediating the site and hav: taff go out for bids 0 he item. Motion carried unanimously. 0 Motion by Ja son, Seconded by Knight, schedule an EDA meeting 0 ed unanimously. 0 REGULAR ANDOVER CITY COUNCIL MEETING - JULY 1,2008 MINUTES TheRegular Bi-Monthly Meeting ofthe Andover City Council was called to order by Mayor Mike Gamache, July 1, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Ken Orttel, Julie Trude Councilmember absent: Mike Knight Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE o . ~SIDENT FORUM Mr. Kevin McGinn - 13865 Bluebird Street, stated he is before the Council regarding the matter of issuing liquor license extensions to local bars in Andover for the sale of liquor outside of their establishments. He is opposed to this. He wondered if this was for the betterment ofthe community and what purpose this serves. He stated by allowing this the bar owners will be disrupting the surrounding communities with their outside bar bands, violence will erupt and there will be more intoxicated people on the streets. He wondered what steps have been taken by the City Council to ensure public safety. The Council has a responsibility to the community for the decisions they make and will be held accountable for the decisions. He stated he saw inconsistencies from the Council. Mr. McGinn stated by allowing the extensions in his opinion reflects negatively on the City and Council. He thought the Council owed an explanation to the citizens of Andover on why they are allowing bar owners the ability to sell liquor outside of their establishments and disrupt the surrounding communities. He requested from the Council a copy of any notice, permit, liquor extension, any type of documentation that the Council has sent or will be sending to the Sheriff s Office and liquor establishments in regards to any future outdoor events. He also requested an invitation from the Council to attend all workshops that deal with liquor establishments, their permits, license extensions and outdoor events. 0 Mr. Dennis Lee -1293 138th Lane, stated he is puzzled why the Council made a decision to grant outdoor liquor permits to Pov's and Tanners on Bunker Lake Boulevard. They have lived in Andover for over 30 years. He explained that when they moved to Andover there were junk yards along Bunker Lake Boulevard and now there are many residential neighborhoods along there and 0 Regular Andover City Council Meeting Minutes-July 1,2008 Page 2 everyone enjoys the convenient access to shopping. Bunker Lake Boulevard is the main east and west corridor through Andover and development along the street should display the very best Andover has to offer. Granting liquor permits and outdoor concerts in parking lots for several summer weekends is not in keeping with this concept. Mr. Lee stated he does not have anything against band concerts, alcohol or responsible drinking but neither the alcohol nor band concerts belong routinely staged in a parking lot along their main roadway. He stated they are unsightly and the noise is very intrusive. He stated this is about much more thanjust the noise. This is about the reputation of a community and the type of elements that it attracts. These type of events, or rather seasonal business expansions, lay the groundwork for excessive consumption, altercations and drug dealing. Mr. Lee noted he is retired from the Hennepin County Sheriff s Office and has seen the character of neighborhoods and shopping areas change based on perceived impressions. As the business expansion weekends become more frequent they have to ask if they want Bunker Lake Boulevard to be known as the band and booze boulevard. He did not think they should create a problem for the local law enforcement. He stated Pov' s has ample room inside for concerts so he did not know why they needed to expand outside and Tanners has a smaller bar area and thought they could expand 0 their building to allow concerts inside rather than outside. A seasonal expansion into the parking lot should not be allowed. Mayor Gamache stated they can get Mr. McGinn copies of the notices and anytime they have discussed liquor related items they are always at Council meetings but they will add his address to the list. He noted there are two other events scheduled for Tanners and Pov' s has one scheduled. He stated in regards to why Pov's wants to do this in their larger facility is that by opening up the ballfields and putting a band on the fields they can bring more people in. The Sheriffs Office is well aware of any event and they are there to quell any issues. He stated they will ask the Sheriff s Office to give them a report on what happens, if anything, on those nights. He noted the idea is for the businesses to make money and that is their goal. They do not need the City to grant them the request for liquor to have an outdoor event. They could have an outdoor event without liquor. Councilmember Trude stated this is a topic that they previously discussed with the bar owners. She stated she is also concerned that this is creating a party atmosphere in their city that is taken advantage of by people that do not live here. She stated the Sheriffs Office has been told they need to enforce the noise ordinance regardless of whether they are allowed to sell alcohol in their parking lots. She was told that evening the people that checked it out did not feel there was a violation of the noise ordinance. She does not know how they should address this because the owners come to them after they booked the bands. She wonders if they should be looking at an outdoor concert permit process. If this is a big money maker for the two establishments it could expand to the other shopping centers in town; whether or not they have an alcohol license. They could have other 0 activities happen and she does not see that as the kind of atmosphere they probably want. Councilmember Orttel noted there is no violation of the law and the sound is not as loud as a lawn mower. He stated he was in the area when he received the call from Mr. McGinn and he could not 0 Regular Andover City Council Meeting Minutes-July 1,2008 Page 3 hear the sound. He does not know what the problem was and did not believe that allowing liquor in the parking lot is going to create drug users to come and use drugs in the parking lot. He thought a good part of the people that are there are from Andover and they are not drawing drug business into Andover by allowing the establishments to sell liquor outdoors. He stated they can have an outdoor band as long as they keep the decibels down and they have done that. He was confused to as what the issue is. Mr. McGinn indicated he is opposed to drinking parties on Bunker Lake Boulevard and to loud music. Councilmember Jacobson indicated there are two issues, the sound level ofthe band and the policy of allowing the liquor extensions for the outside. He stated he drove down to Tanners that evening and he could hardly hear the music a half block away. He could not hear the music until he got to the front where the flap was up on the tent. He stated the decibels were measured that evening 'and it was not above the standard. Maybe they should look at lowering the limit but they would have to be cautious since that will restrict a lot of things in the City. He stated he can see both sides in regard to the extension of liquor into the parking lot but as long as it is within the limits and they do not have a lot of problems with the Sheriffs Office. He thought the Council would agree to go along. with allowing them some leeway in doing what they are doing and they have to look at it on a case by case basis. They are going to be looking at some of these issues at an upcoming workshop to see ~, if they need to make any changes and any input on a technical basis for the sound would be I welcome. em 15A, (Consider Time Extension/Preliminary Plat/Timber Trail Motion by cobson, Seconded by Trude, to approve the Agenda as unanimously. Motion by Trude, Second inutes as indicated above. Motion carried unanimously. 0 <5 t' p} ~Sfo{ ge()~ c--- ------ 0 COUNCIL WORKSHOP- MINUTES 23, 2008, 6:04 p.m., at the Andove . Minnesota. Councilmembers present: Don Jacobson, Mike Knight a Mayor Mike Gamache (arrived at 6: 13 p.m.) Councilmember a Julie Trude Also present: Director of Public Works/City Engineer, City Administrator, Jim Dickinson Community Development Director, Will Neum . ster Others .. A- 0 DISCUSS OUTDOOR PARTIES/EVENTS Mr. Dickinson stated in regard to residents' complaints regarding outdoor concert events, the Council indicated that they would like to discuss at a workshop the merits of approving outdoor parties/events, in particular where the extension of a liquor license is requested. Mr. Dickinson reviewed the information with the Council. Acting Mayor Orttel asked if anyone in the audience wanted to speak regarding this item. Mr. Kevin McGinn, 13865 Bluebird Street, stated the first concert from Tanners was pretty intrusive into their neighborhood. He stated he was pretty concerned about the noise associated with the concerts and in the code. He reviewed what the City Code stated. Mr. Dickinson explained what the City Code means and how it is interpreted. Councilmember Jacobson stated the problem to him is not the outdoor parties or the extension of the liquor license to the outdoors; it is the perceived noise levels from a band. Mr. McGinn thought if a bar was going to have outdoor liquor it should be partitioned off from the public. Councilmember Jacobson stated they could refuse to allow outdoor liquor licensing or require the bands to play inside with allowing liquor outdoors but they want to make sure they do not outlaw some of the things they do want also. 0 Councilmember Jacobson thought they could look at something better that a band could emit out. He thought they should concentrate on the noise levels. Mr. Dickinson stated those definitions that are identified are set by the MPCA and they follow what they say. Councilmember Jacobson wondered ifthey could be stricter than what the MPCA indicates. Mr. Dickinson 0 Regular Andover City Council Meeting Minutes - September 23, 2008 Page 2 stated they could be but they want to be comparable to other cities. Mayor Gamache arrived at 6:13 p.m. Councilmember Jacobson asked if they could have the bands inside. Mr. Brad Povlitzki indicated outside concerts are done in every community and the attraction is to bring t4e band outside. People are cooped up inside all winter and want to be outside in the summer. Councilmember Orttel wondered why the second concert at Tanners was quieter. Was it a different type of band? Mr. Steve Smith, manager stated it was the same kind of band that they had the first time and everything was the same. He noted the tent was open towards Bunker Lake Boulevard and the back of the band faced Target. Mayor Gamache showed on the board how the tent was set up at Tanners. Councilmember Knight thought it was the bass that was the factor and he did not know ifthey could get a band without loud bass. 0 Mayor Gamache asked Mr. Povlitzki if they brought in a larger band for the outdoor concert compared to ones they get for indoors. Mr. Povlitzki indicated the bands were the same and the soundboards are turned off. He noted he drove to the end of his property and could not make out the music. Mr. McGinn indicated he did not hear the band at Pov's this year. Mr. Povlitzki stated he wanted to continue these outdoor parties next year. Ms. Sherri Bukkila, 13537 Swallow Street, representing the Hidden Creek neighborhood, stated she received comments from homeowners regarding this and summarized what the neighbors thought about the concerts. She noted that some of the people recommended the City make the number of weekends limited for outdoor concerts so there are not concerts every weekend. Some people disagree that it is a negative impact on the neighborhood. Some felt the concerts should only be allowed once a year. ,li-. ;t Mayor Gamache stated the main issue he has is, if they will have another bar in the area and the outdoor concerts become more popular. He wondered how many events they should allow and what the options are to control the number of events. Councilmember Jacobson thought they should encourage these events in the City but should also listen to residents who are bothered by it. He thought it comes down to the booming bass and he thought if there was some way they could cut the bass down everyone would be happy. Councilmember Knight thought if they face the,speakers in the most neutral way would help. 0 Councilmember Orttel thought they should require a schematic for outdoor concerts so they can see where the speakers will be located. Councilmember Jacobson thought Councilmember Orttel had a point by requiring schematics and noise mitigation measures that would be required before 0 Regular Andover City Council Meeting Minutes - September 23, 2008 Page 3 approved by the City. They could have someone from the Building Department come over to make sure it is done correctly. Mr. Dickinson asked for clarification on what the Council wanted done. Councilmember Jacobson stated before the establishment comes before the Council with their approval request for outdoor concerts and before they book a band the City needs to have a schematic of what the tent will look like with the emphasis on sound mitigation. Councilmember Orttel stated they should look at possibly having an amplified sound ordinance. Mayor Gamache stated another concern of his is if Moose and Company were to open and they decided they wanted to have some concerts. He wondered if there is a need to have some kind of restriction for how many events the City is going to allow the establishments each year because it could be every weekend if each bar wanted more than one a year. Ms. Sheri Bukkila stated there was a lot of discussion about how the businesses and City benefit from the outdoor concerts. She wondered if there is a way to charge a fee for holding an outdoor concert and then put it towards the park fund so everyone would benefit. Councilmember Orttel indicated fees can only be charged to recoup cost. 0 The Council discussed how many concerts they would want for a maximum a year or a month. Mr. Povlitzki suggested they have a strict rule on enforcing these. Mr. Dickinson reviewed what the staffwill focus on for next year. Mr. McGinn indicated he has a petition from 286 homeowners wanting to eradicate these concerts so he cautioned the owners of the bars to make sure things run smoothly next year. ;/;- The Council consensus is that this will be brought back to a future council meeting. ~ - REVIEW POOL COVERS AND FENCING 11"- -. Mr. meister stated this was first discussed on August 6, 2008 as a result of a resident's request for a poo er to be allowed rather than fencing. At the following meetin ugus th the Council directe f to provide research on what other cities have egulations related to po covers in lieu of fencin What staff has found is that very CIties allow pool covers in lieu of -- fencing. 0 che did not think they had anyone in the City go around inspecting . 0 CHAPTER 6 NOISE CONTROL SECTION: 5-6-1 : Definitions 5-6-2: Noises Prohibited 5-6-3: Hourly Restrictions On Certain Operations 5-6-4: Receiving Land Use Standards 5-6-5: Administration; Testing Procedures, Studies, And Noise Impact Statements 5-6-6: Enforcement; Penalties 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. 0 AIR CIRCULATION DEVICE: 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. L10: 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. L50: 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, S1.4, of the American National Standards Institute and using generally accepted test procedures adopted by the MPCA. PERSON: An individual, firm, partnership, corporation, trustee, 0 association, the state and its agencies and 0 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 o. 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. 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. F. 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 plainly 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 0 1 See subsection 12-14-11A3 of this code for specific hours. 0 violation of this section. G. 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 0 unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. (Amended Ord. 230, 6-17-1997) 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 hours of seven o'clock (7:00) AM. 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) AM. 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. 0 1 See also subsection 12-14-11A3 of this code, hours restricted for loading and unloading materials near residential districts. 0 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) 0 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 AM. - 10:00 P.M.) (10:00 P.M. - 7:00 AM.) 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) 0 0 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 pn 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. D. 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 0 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: 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 0 shall be punished by a fine not to exceed one hundred dollars ($100.00). 0 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) 0 0 / 0 ~ost sounds are not pure tones but a mixture of tones of varying amplitude, frequency, and duration. The intensity of sound waves produce a sound pressure level, which is commonly measured in a unit called the Decibel. The dec10el is a logarithmic measurement used to accommodate a numbering scheme that encompasses a large range of values. The logaritbin is used because the human ear can detect sounds more than a million times quieter than a jet aircraft during take off Sound Pressure Level = 20 Log] 0 (Measured Sound Pressure / Reference Pressure) . . Reference Pressure (prej) = 0.00002 Newton s / (meterp Decibel = The ratio between two quantities that are proportional to pawer. The commonly used unit for measwing sound pressure levels. Decibel Levels of Common Noise Sources Many different properties affect the noise level of a specific source type. For example, three lawn mowers may have three different noj.se levels because of differences in each specific piece 0 of equipment. Noise level also depends on the distance from the noise source and the attenuation of the . surrounding environment. . Figure 13 provides a rough estimate of decibel levels of some common noise sources. Decibel Levels of Common Noise Sources ~ Sound Pressure Level ( dBA) Noise Source 140 Jet Engine (at 25 meters) 130 Jet Aircraft (at 100 m~) 120 Rock and Ron Concert . 110 Pneumatic Chipper 100 JointerlPlaner 90 Chainsaw 80 Heavy Truck Traffic 70 Business Office 60 Conversational Speech 50 Library 40 Bedroom 30 Secluded Woods 20 Whisper 0 Figure 1.3 @ 0 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 December EDA meeting DATE: November 18,2008 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the December 2,2008 City Council meeting. DISCUSSION 0 Tentative agenda items for an EDA meeting have been identified as follows: 1. Purchase Agreement/Letter of Intent/Progress Review 2. TIF District Cash Flow Analysis 3. Parkside at Andover Station Negotiation Discussion 4. Other Business Other items may he added upon request, or the meeting will he cancelled if no new information comes forward on the identified agenda items. It is anticipated that this will he the last EDA meeting for 2008. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the December 2,2008 City Council meeting. \.., 0 C I T Y 0 F @ 0 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: November 18,2008 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 CIP Projects 0 4. 2008 Budget Progress Report 5. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. .- 0 C I T Y 0 F 0 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: Closed Session - Public Works Union Contract Negotiations DATE: November 18,2008 The City Administrator will give a verbal update on progress made relative to the Public works Union contract negotiations and seek Council direction. 0 '- 0 0 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for November 18, 2008 City Council Meeting DATE: November 18, 2008 The City Council is requested to receive the following supplemental information. Consent Item 0 Item #lOa. Approve Assessment Roll/Improvement Project 08-25 (Supplemental) - Planning Add-On Item. Approve Change Order #1/Extension of Substantial Completion Date/07-48/Tower #2 (Supplemental) - Engineering Add-On Item. Acknowledge Resignation of Chris Vrchota, Associate Planner (Supplemental) - Administration Discussion Item Item # 11. Anoka County Sheriff s Department Monthly Report (Supplemental) - Sheriff I..- 0 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 0 -08 MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SEPTIC SYSTEM IN THE FOLLOWING AREA OF 2279-154TH LANE NW, PROJECT 08-25. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a 0 period of 9. years, the first of the installments to be payable on or before the 1 st Monday in January, 2009 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 18th day of November ,2008, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor 0 Jim Dickinson - City Clerk @~0vC) 0 C I T Y o 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 Council Members CC: Jim Dickinson, City Administrator FROM: David Berkowitz, Director of Public Works/City Engineer SUBJECT: Approve Change Order #l/Extension of Substantial Completion Date/07- 48/Tower #2 & Pursue Liquidated Damages (Supplemental) - Engineering DATE: November 18, 2008 INTRODUCTION The City Council is requested to approve the attached change order for the extension of the substantial completion date for the painting and rehabilitation of Tower #2, Project 07-48 and 0 pursue liquidated damages for additional costs incurred by the City. DISCUSSION The original substantial completion date was November 7,2008. Due to weather conditions they were unable to complete the project by that date. TMI has identified eight days in the attached letter. The recommended extension date by staff is November 21,2008, which would give them 14 days which includes weekends. This will make up for the weather days they have identified. The project will not be fully completed by November 21, 2008. Staff recommends pursuing liquidated damages after November 21 st to recuperate additional expenses the City will incur such as pumping costs to put water into distribution, additional staff administration time and consulting engineering fees for construction observation and administration. BUDGET IMP ACT Liquidated damages will cover the additional expenses incurred by the City. ACTION REQUIRED The City Council is requested to approve the extension of the substantial completion date for the painting and rehabilitation of Tower #2, Project 07-48 and pursue liquidated damages for additional costs incurred by the City. Respectfully submitted, 0 Q~Q . David D. Berkowitz hm I ./ ,,/ ./ Attac ents: Reso utlOn, Letter from TMI Coatings, Inc., Letter from SEH & Change Order #1 0 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. 07 -48, TOWER #2 . WHEREAS, the City of Andover has a contract for Project No. 07-48 with TMI Coatinqs, Inc. of St. Paul. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 07-48. Adopted by the City Council of the City of Andover this 18th day of 0 November , 2008. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk 0 11/14/2008 07:57 IFAX Fax@sehinc.com 7 Debbie McJames 141 002/003 200B-NOV-1S 06:08PM FROM-TMI COATINGS 6614620698 T-035 P. DOZ/OOS F-073 11-' 0 RESTORATION CONTRACTORS 32t1 TerminQt rlrIve flmicaatln;s.com l 5t Palll. Mlnnesata 55121 p, 651 45Z '11ll1 Ii: 651 4S2 0G9ll , November 13,2008 Short Elliott Hendrickson, Inc. Attn: Steve Campbell 3535 Vadnais Center Drive St. paul, MN 55110 P: 651-490-2000 F: 651-490-2150 Re: Andover, Minnesota Tower No.2 Painting and Rehabilitation 1 MG Fluted Column Tank City Project No. 0748 SEH No. A-ANDOV0803.00 TMI Job No. 08-4720 j Dear Mr. Campbell: TMI Coatings has experienced delays on the above referenced project due to cold and wet weather conditions during our performance of the work. Below is a list of some of the poor weather days which have caused delays in our work: 0 8/27/08 Rain 1 0/5/08 Rain 9/14/08 Rain 1017/08 Rain 9/23/08 Rain 10/12/08 Rain 9/25/08 Rain 10/13/08 Rain 9/28/08 Rain TMI has also been delayed due to difficulty in our removal of the existing coating. The amount of abrasive consumed to remove the existing paint has been 20% more than Is typically consumed to complete the specified blast cleaning. This has caused additional time, material, equipment, and labor to complete the required cleaning. .. The above delays have pushed our completion back further into late fall. The late fall days which TMI has been able to work, have had wet and/or cool mornings which has not allowed productive worK to be performed until late morning. With cooler evening temperatures, painting work has also had to stop earlier in the day shortening our working window each day- The delays above have caused compounding delays as our working window has shortened each day. The tank interior is complete except for approximately 4 hours of remaining finish coat to be applied to the floor. This work will require 36 degree minimum surface temperatures and will be completed as soon as conditions alloW. Following this the interior will require 16-18 days (based on 35 degree temperatures) to cure prior to immersion. This extended cure time, which will further delay refilling the tank, Is also due to the colder than anticipated temperatures_ 0 11/14/2008 07:58 IFAX Fax@sehinc.com ~ Debbie McJames 141 003/003 20De-NOV-Is 05:09PM FRO~Tl.H COATINGS 6514520598 1-035 P. aOUOO3 F-073 Steve Campbell 0 November 13, 2008 Page 2 Based on the wet weather. difficulty removing the exterior coating. and the further delays as a result of our work being pushed further into cold late fall TMI Coatings is requesting a schedule extension for completion of the interior work until December 5, 2008. If you have any questions or require further information, please contact me at 651-452-6100. Sincerely yours. TMI COATINGS. INC. ~~S:1-- Senior Estimator/Construction Manager SS:lp Ip:\1mij\4?20-ltr03.doc 0 0 0 ~ SEH November 18, 2008 RE: J\ndover,~innesota Tower No.2 Painting and Rehabilitation City Project No. 07-48 SEH No. A-ANDOV0803.00 Mr. Scott Salmon TMI Coatings 3291 Terminal Drive Saint Paul, MN 55121 Dear Scott: In response to your November 13 request for time extension on the subject contract, the City of J\ndover has advised that staff will be recommending an extension of the substantial completion date from November 7 to November 21. This recommendation will be presented at the November 18 Council ~eeting. Staff is further, recommending that all work not completed by November 21, 2008 be subject to 0 liquidated damages in accordance with Article 4.03 of the Contract Agreement. Sincerely, ~ ~. Steve Campbell, PE Principal/Sr. Project Manager sh c: Dave Berkowitz, City of J\ndover s;laelalandover\080300\I-genJ\14-corrlsalmon 111708.doc 0 Short Elliott Hendricl<son Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax 0 ~ SEH CHANGE ORDER City of Andover November 18, 2008 OWNER DATE City Project 07-48 1 OWNER'S PROJECT NO. CHANGE ORDER NO. Tower No.2 Painting and Rehabilitation A-ANDOY0803.00 PROJECT DESCRIPTION SEH FILE NO. The following changes shall be made to the contract documents: Description: Revise the date for Substantial Completion from November 7,2008 to November 21,2008. Purpose of Change Order: Add 14 days to Time of Completion 0 Basis of Cost: 1ZI Actual o Estimated Attachments (list supporting documents) Contract Status Time Cost Original Contract 11/07/08 $519,400 Net Change Prior C. O. 's ...:::... to ...:::... Change this C. O. Add 14 Days - Revised Contract 11/21/08 $519,400 Recommended for Approval: Short Elliott Hendrickson Inc. by Steve Campbell, PE Agreed to by Contractor: Approved for Owner: BY TMI Coatings BY City of Andover TITLE TITLE DIstribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1 0 s:\ae\a\andover\080300\7.ca\71-genl\change order I.doc 1/04 Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, 51. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax (Md-~ 0 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: James Dickinson City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Acknowledge Resignation of Chris Vrchota, Associate Planner DATE: November 18,2008 INTRODUCTION This item is to acknowledging the resignation of Chris Vrchota, Associate Planner. DISCUSSION 0 Chris has been working for the City of Andover since February 2005, as an Associate Planner. Chris's last day with the City of Andover will be Wednesday, December 3, 2008. He has accepted a new position for the City of Minneapolis. The Human Resources department would like to advertise and recruit candidates for this position. In July there was a vacancy in the Planning department, left unfilled due to budget concerns. However, with the resignation of Chris Vrchota, there is a need for a person to primarily perform code enforcement and to act as back up for other planning duties. ACTION REQUESTED The City Council is requested to acknowledge the resignation of Chris Vrchota, and authorize Human Resources to begin recruitment for a new Associate Planner. Respectfully submitted, AL~ Dana Peitso 0 .- .- -NO. 2188-P, 2 NOV. 14. 2008 11: 29AM PATROL @ 0 C. CITY OF ANDOVER - OCTOBER 2008 ITEM OCTOBER SEPTEMBER VID 2008 OCTOBER YTn 2007 Radio Calls 924 822 8A62 9,320 Incident Reports 982 776 8,405 8,712 Burglaries 7 4 84 99 Thefts 67 42 458 466 Crim.Sex Condo 3 2 16 12 Assault 6 8 42 7S Dam to Prop. 19 18 275 321 Han. Comm. 18 9 118 137 '''-,- , Felony Arrests 6 10 110 72 Gross Mis. 6 6 61 74 0 Misd. Arrests 69 73 778 663 DUI Arrests 12 9 106 144 Domestic Au.. 10 5 56 74 Warrant Arr. S 7 131 108 Traffic Arr. 261 176 1,977 1,573 . DUIOFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 01:45 00:32 00:50 00:34 00:23 01 :51 22:51 02:05 06:59 23:49 20:37 21:34 0 8 NO. 2188 - P.3 -- NOY. 14. 2008 11: 29AM PATROL 0 D. CITY OF ANDOVER - OCTOBER 2008 COMMUNITY SERVICE OFFICER REPORT ITEM OCTOBER SEPTEMBER YTD 2008 OCTOBER YTD 2007 Radio Calls 134 167 1,441 1,584 Incident Reports 100 125 1 ~ 163 1,152 Accident Assists 18 8 116 101 Vehicle Lock Out 35 34 305 328 Extra Patrol 133 134 1,267 1,352 House Checks 1 0 37 4 Bus. Checks 62 28 375 127 Animal CompI. 54 76 555 556 Traffic Assist 13 13 144 89 Aids: Agency 151 150 1,606 1,490 0 Aids: Public 117 74 868 651 Paper Service 0 0 0 0 Inspections 0 0 0 0 Ordinance Viol. 0 0 2 4 0 9 It I'M.]) D-t 0 C I T Y o F NDOVE DATE November 18. 2008 ITEMS GIVEN TO THE CITY COUNCIL ~ October 2008 Monthly Building Report 0 PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. 0 THANK YOU. G:\STAFF\RHONDAA\AGENDA\CC L1ST.doc /~ l~. rJ tS ff~ CITY OF ANDOVER 2008 Monthl Buildinl! Report I I C TO: Mayor and City Council FROM: Don Olson OCTOBER -~--- Valuation BUILDING PERMITS Permit/Plan Tax Total 5 Residential $ 10,035.56 $ 364.35 $ 10,399.91 $ 728,700.00 Single Family 5 10,035.56 364.35 10,399.91 728,700.00 Septic - Townhome - 2 Additions 1,807.74 54.80 1,862.54 109,600.00 3 Garages 1,637.37 31.30 1,668.67 62,600.00 2 Basement Finishes 200.00 1.00 201.00 1 Commercial Building 4,328.53 195.50 4,524.03 391,000.00 Pole Bldgs/Barns - I Sheds 116.57 1.05 117.62 2,100.00 Swimming Pools - Chimney/Stove/Fireplace - 4 Structural Changes 771.08 13.90 784.98 27,800.00 Porches - 9 Decks 895.70 12.93 908.63 25,852.00 Gazebos - Repair Fire Damage - -~_.. 113 Re-Roof 8,475.00 56.50 8,531.50 65 Siding 4,875.00 32.50 4,907.50 I Other 299.06 5.00 304.06 10,000.00 I Commercial Plumbing 90.25 1.75 92.00 3,500.00 3 Commercial Heating 1,487.21 40.60 1,527.81 81,200.00 C Commercial Fire Sprinkler - I Commercial Utilities 345.26 6.00 351.26 12,000.00 Commercial Grading - I . 211 Total Building Permits $ 35,364.33 $ 817.18 $ 36,181.51 $ 1,454,352.00 - PERMITS Permit/Plan Tax Total Fees Collected , --. 211 Building Permits $ 35,364.33 $ 817.18 $ 36,181.51 Ag Building - Curb Cut - 1 Demolition 100.00 100.00 Fire Permits - , 4 Footing 95.00 2.00 97.00 Renewal - ,Moving - 26 Heating 2,080.00 13.00 2,093.00 9 Gas Fireplaces 825.00 4.50 829.50 32 Plumbing 1,760.00 16.00 1,776.00 --- 148 Pumping 2,220.00 2,220.00 ------ Septic New - 4 Septic Repair 325.00 2.00 327.00 6 Sewer Hook-Up 150.00 1.00 151.00 6 Water Meter 300.00 300.00 Sewer Change Over/Repair - Water Change Over - 6 Sac Retainage Fee 109.50 109.50 C 6 Sewer Admin. Fee 90.00 90.00 6 Certificate of Occupancy 60.00 60.00 5 License Verification Fee 25.00 . 25.00 Reinspection Fee - 4 Contractor License 200.00 200.00 -- Rental License - Health Authority - n 474 TOTALS $ 43,703.83 $ 855.68 $ 44,559.51 $ 1,454,352.00 ...,. Total Number of Homes YTD 2008 40 -.- - Total Number of Homes YTD 2007 89 ---- Total Valuation YTD 2008 $ 35,139,902.02 Total Valuation YTD 2007 $24,894,117.30 Total Building Department Revenue YTD I 2008 $ 550,245.97 Total Building Department Revenue YTD T 2007 $ 522,024.22