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Home My WebLink AboutCC December 2, 2008 S1\NDbVE~ 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, December 2, 2008 Call to Order -7:00 p.m. Pledge of Allegiance Presentation - State Representative Elect - Jerry Newton Resident Forum Agenda Approval 1. Approval of Minutes (11/18/08 Regular Meeting, 11/18/08 Closed Session) Consent Items 2. Approve Payment of Claims - Finance 3. Approve 2008 City Administrator Review Summary - Administration 4. Approve Liquor and Tobacco Licenses - Clerk 5. Appoint City of Andover Representative to Youth First Board - Administration 6. Approve 2009 Anoka County Sheriff Contract - Administration 7. Approve Donations for 2009 Senior Class All Night Parties - Administration 8. Approve Time Extension/Preliminmy Plat of "Parks ide at Andover Station" -- Planning 9. Order Feasibility Report/09-02/2009 Street Reconstruction - Engineering Discussion Items 10. Public Hearing: Amend Zoning Code/ Add Subordinate Classroom Structures - Planning 11. Consider Conditional Use Permit/Institutional Sign/Riverdale Assembly of God/3210 Bunker Lake Blvd.- Planning 12. Consider Code Amendment/Correct Low Floor Elevation Requirements/City Code 9-3-3 - Planning 13. Consider Code Amendment/State Statute 347/Dangerous Dogs & Cats/City Code 5-1A-l1 - Planning 14. Approve Billing Services Contract/Connexus Energy - Administration Staff Items 15. Schedule EDA Meeting - Administration 16. Administrator's Report - Administration Mayor/Council Input Adjournment 'ANDbVE~ 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, December 2, 2008 Call to Order - 7:00 p.m. Pledge of Allegiance Presentation - State Representative Elect - Jerry Newton Resident Forum Agenda Approval 1. Approval of Minutes (11/18/08 Regular Meeting, 11/18/08 Closed Session) Consent Items 2. Approve Payment of Claims - Finance 3. Approve 2008 City Administrator Review Summary - Administration 4. Approve Liquor and Tobacco Licenses - Clerk 5. Appoint City of Andover Representative to Youth First Board - Administration 6. Approve 2009 Anoka County Sheriff Contract - Administration 7. Approve Donations for 2009 Senior Class All Night Parties - Administration 8. Approve Time Extension/Preliminary Plat of "Parks ide at Andover Station" -- Planning 9. Order Feasibility Report/09-02/2009 Street Reconstruction - Engineering Discussion Items 10. Public Hearing: Amend Zoning Code/Add Subordinate Classroom Structures -Planning 11. Consider Conditional Use Permit/Institutional Sign/Riverdale Assembly of God/3210 Bunker Lake Blvd.- Planning 12. Consider Code Amendment/Correct Low Floor Elevation Requirements/City Code 9-3-3 - Planning 13. Consider Code Amendment/State Statute 347/Dangerous Dogs & Cats/City Code 5-1A-11 - Planning 14. Approve Billing Services Contract/Connexus Energy - Administration Staff Items 15. Schedule EDA Meeting - Administration 16. Administrator's Report - Administration Mayor/Council Input Adjournment C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Special Presentation - Newly Elected State Representative - Jerry Newton DATE: December 2, 2008 . Newly elected State Representative Jerry Newton will be present at the Council meeting at 7:00 pm to share his vision for the State of Minnesota with the City Council. This will also be a great opportunity for the Council to discuss your goals with him. Newly elected State Representative Peggy Scott was present at the November 25th Council workshop to discuss with the Council her goals for the State and listen to the Council's goals. --.. (J) 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 Administrato~ FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: December 2, 2008 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: November 18,2008 Regular Meeting November 18,2008 Closed Session DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, ~11l~ Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - NOVEMBER 18, 2008 7 MINUTES 8 9 10 The Regular Bi-Monthly Meeting ofthe Andover City Council was called to order by Mayor Mike 11 Gamache, November 18, 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 Community Development Director, Will Neumeister 20 Fire Chief Dan Winkel 21 Others 22 23 24 PLEDGE OF ALLEGIANCE 25 26 27 RESIDENT FORUM 28 29 No one wished to address the CounciL 30 31 32 AGENDA APPROVAL 33 34 Add Item lOb, (Approve Change Order Number One, Extension of Substantial Completion Date, 07- 35 48, Tower Number 2) and Item 10c (Acknowledgement of Resignation of Chris Vrchota, Associate 36 Planner). 37 38 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion 39 carried unanimously. 40 41 42 APPROVAL OF MINUTES 43 44 October 28, 2008, Workshop Meeting: Correct as written. 45 46 Motion by Orttel, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried 47 unanimously. 48 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 2 1 2 November 5, 2008, Regular Meeting: Correct as amended. 3 4 Councilmember Trude stated on page three, line six they were talking about the recount and what she 5 had said was what she had seen was a hand recount of all the ballots and then it should end with a 6 period. Someone else had talked about the ballots being fed into a machine so she wanted it deleted. 7 8 Councilmember Trude stated on page four, line 21, the PIN for the sprinkler house should have 9 "PIN" all caps because it stands for "Property Identification Number". 10 11 Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried 12 unanimously. 13 14 15 CONSENT ITEMS 16 17 Item 2 Approval of Claims 18 Item 3 Approve 2009 Tri-City GIS Contract 19 Item 4 Approve Surplus Equipment Sales 20 Item 5 Accept Donation of Trees/Russ Schmeichel (See Resolution R085-08) 21 Item 6 Approve Raffle Permit ApplicationlBenefit for the Family of Natash a Waalen 22 Item 7 Approve Health Insurance Renewal and Employer Contribution 23 Item 8 Approve LMCIT Liability Coverage 24 Item 9 Approve Personnel Policy Change 25 Item 10 Consider Closing City Offices the Day after Christmas 26 Item lOa Approve Assessment Roll/Improvement Project 08-25 (See Resolution R086-08) 27 Item lOb Approve Change Order Number One, Extension of Substantial Completion Date, 28 07-48, Tower Number 2. (See Resolution R087-08) 29 Item 10c Acknowledgement of Resignation of Chris V rchota, Associate Planner 30 31 Motion by Jacobson, Seconded by Orttel, approval of the Consent Agenda as read. Motion carried 32 unanimously. 33 34 35 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT 36 37 Captain Tom Wells, Anoka County Sheriffs Department, provided an update on law enforcement 38 activities occurring within Andover. 39 40 41 PUBLIC HEARING: AMEND ZONING CODE/ADD SUBORDINATE CLASSROOM 42 STRUCTURES 43 44 Mr. Neumeister stated the Council discussed and approved a time extension for Andover Christian Regular Andover City Council Meeting Minutes - November 18, 2008 Page 3 1 Church's portable classrooms on August 19,2008. Staff was directed to study the issue of how the 2 code allows these and if the code needed to be changed to make it clearer on how they are treated. 3 That information was reviewed and discussed at length at the September 16, 2008 Council meeting. 4 No conclusion was reached that evening and the following week staffmet with the City Attorney to 5 . put together a new recommendation on what needed changing. 6 7 Mr. Neumeister reviewed the information with the Council. 8 9 Councilmember Trude asked ifthey put the classrooms on a permitted use do they forgo the public 10 hearing. Mr. Neumeister stated there would not be a conditional use permit needed. 11 12 Councilmember Trude stated she would like to keep the public hearing for these types of structures 13 and wondered if others felt the same way. 14 15 Councilmember Orttel stated they are currently permitted by CUP and this takes it out of that and 16 where he had problems with it in regard to the Conditional Use was the timing. He did not have a 17 problem with the neighbors giving their comments on where they are placed. 18 19 Councilmember Orttel stated another issue he has is making sure they meet all State Codes and are 20 regularly inspected for fire safety. Councilmember Jacobson stated he talked with Mr. Dickinson 21 about that earlier and was told it was covered under Building and Fire Codes. 22 23 Councilmember Jacobson stated the high school was able to put in temporary structures without 24 authorization because they are a school so the new language is allowing placement of temporary 25 structures in school settings to be permitted. 26 27 Councilmember Trude stated she would still like to have a public hearing because she thought it is 28 helpful for the Council to be involved in the decision. She stated it has been brought to her attention 29 that the structures can last longer than they are supposed to if maintained well. That was the 30 question she was asking when they talked about this because once they are up they are permanently 31 there and do they have a public safety issue or not. Councilmember Jacobson stated inspections are 32 covered under another area in the fire code so they could go in and inspect them when needed. 33 34 Fire Chief Dan Winkel stated there would be fire and life safety issues they would look at. They 35 would not be as involved if there was remodeling because then it would be both building and fire 36 codes that would have to be met. He stated generally they would be looking at exiting, fire lanes, the 37 alarm systems, making sure they are sprinkled properly and tested regularly. 38 39 Councilmember Trude asked if there were issues with the air conditioning or heating systems that 40 created air quality issues that would not be a fire safety issue. Fire Chief Winkel stated that would 41 not be but ifthey are aware of that as they do their inspection they would pass it on to the Building 42 Department. 43 44 Councilmember Jacobson asked if they wanted to take the word "Church" out of the ordinance they Regular Andover City Council Meeting Minutes - November 18, 2008 Page 4 1 have before them. That would allow temporary classrooms at schools or churches that have schools. 2 If they have a church that does not have a school, they would still need to come in for a CUP. 3 Councilmember Orttel thought they could put that in the next sentence. "Churches without a school 4 would be subject to a Conditional Use Permit (CUP) related to the location in the site plan." 5 6 Councilmember Jacobson indicated that ifit was not a permitted use they would still have to come in 7 for a CUP. 8 9 The Council discussed with staff and the City Attorney the wording in the ordinance regarding 10 churches. 11 12 Councilmember Trude felt that the concerns of the neighborhood would be addressed if they kept the 13 public hearing. She thought schools generally have more acres and are not as close to residential 14 homes. 15 16 City Attorney Baumgartner thought the definition of the school was taken care of by acknowledging 17 the principal use and recognizing the subordinate use. When they talk about the principal use, the 18 principal use of that land is either a church or school. That is why they have chosen the subordinate 19 use for the temporary structure, getting away from the temporary. That by and of itself further limits 20 where the structure can be placed. It has to be either on land that is primarily used for a school or 21 land that is primarily used for a church so they can get away from the possibility of commercial and 22 home schooling situations. 23 24 Councilmember Jacobson thought that was the question. The land that is primarily used for a church 25 and not used for a school of any sort, they want to have public input. Coun~ilmember Orttel asked 26 what about a licensed daycare school, can they have subordinate classroom structures. The Council 27 did not know but did not think that was the intent. 28 29 Motion by Trude, Seconded by Orttel, to open the public hearing. Motion carried unanimously. 30 31 No one wished to address the Council. 32 33 Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. 34 35 Motion by Orttel, Seconded by Jacobson, to send this item back to staff to rewrite and exclude 36 church from the permitted use so they require a Conditional Use Permit for a subordinate structure. 37 Motion carried unanimously. 38 39 Councilmember Trude asked the issue with the time line, should they let this go to fire safety and not 40 have these showing up every three to five years. Councilmember Orttel stated that was what he was 41 thinking. 42 43 Councilmember Trude stated she still had a problem with Fire Code Regulations and inspections. 44 She thought there is still some confusion about whether the Building Department has any role at all. Regular Andover City Council Meeting Minutes - November 18, 2008 Page 5 1 She thought they had enough regulation and have a couple of different ways of addressing things if 2 they come up. Fire Chief Winkel indicated they try to inspect the sites every other year. 3 4 Councilmember Trude wondered if they are going to get rid of time limits. Councilmember 5 Jacobson stated ifthe changes are made and a note sent out by the City indicating the change would 6 be sufficient. Councilmember Trude asked if there will still be a timeline if still under the CUP. 7 Councilmember Jacobson stated if the building were still under a CUP nothing would change and 8 there would still be timelines and public hearings. Mayor Gamache agreed. 9 10 Councilmember Trude thought the issue is how often the Council wanted the buildings looked at and 11 reviewed. She wondered if they should review them every five years. Councilmember Orttel 12 wondered why they needed to do anything if they have a thirty-year life span. Councilmember 13 Jacobson stated they could review them every five or ten years if they wanted. They could put a time 14 limit on it when the CUP is issued. 15 16 The Council discussed with staff possible time lines for buildings under Conditional Use Permits. 17 18 Councilmember Orttel rescinded his motion. Councilmember Jacobson seconded. 19 20 Councilmember Orttel thought they should take out the word "or church structure" from the 21 ordinance. Councilmember Jacobson thought they should only take out the words "or church". 22 Councilmember Orttel thought if they changed the second sentence to read "or church structure as 23 the. principal use for the purposes of either licensed K-12 classroom instruction or office use 24 associated with the principal use." Councilmember Trude thought that would only apply to schools 25 that are Monday through Friday only. 26 27 Councilmember Jacobson thought some schools only had K-8 so the wording would not work. 28 Councilmember Trude indicated she had a problem with that because any of the local churches that 29 did not want to have a time limit placed on them could indicate they were doing kindergarten. 30 Councilmember Jacobson thought this should go back to staff for changes. 31 32 The Council reviewed the wording in the ordinance and decided to have staff make changes before 33 approval. 34 35 Motion by Jacobson, Seconded by Orttel, to send this item back to staff and the City Attorney for 36 rewording of the ordinance. 37 38 Councilmember Orttel thought the original goal of this was to treat public schools and church 39 schools the same but churches that have classrooms for their bible school or for their regular church 40 classes would have to come and get a CUP. The Council agreed. 41 42 City Attorney Baumgartner reviewed the changes the Council disc~ssed and wanted changed in the 43 ordinance. 44 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 6 1 Motion carried unanimously. 2 3 4 CONSIDER ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSE/BEEF 5 O'BRADYS 6 7 Mr. Dickinson explained Z. Bros. Inc. dba BeefO'Brady's has applied for an on-sale intoxicating 8 and Sunday liquor license for a restaurant located at 15190 Bluebird Street NW, Suite 114. 9 10 The restaurant seating capacity is 127. City Code requires seating for at least 100 persons in order to 11 have on-sale liquor with a restaurant. The Sheriff s Office has completed their background 12 investigation. The appropriate fees have been paid. 13 14 Motion by Jacobson, Seconded by Knight, to approve the on-sale intoxicating and Sunday liquor 15 license for Z Bros. Inc. dba Beef O'Brady's located at 15190 Bluebird Street, Suite 114. Motion 16 carried unanimously. 17 18 19 DISCUSS OUTDOOR PARTIES/EVENTS 20 21 Mr. Dickinson stated in response to resident complaints regarding outdoor concert events, the 22 Council discussed at a workshop the merits of approving outdoor parties/events, in particular where 23 the extension of a liquor license is requested. 24 25 Mr. Dickinson reviewed the information with the CounciL 26 27 Councilmember Orttel thought a tent would reduce the noise so could they make this as a 28 requirement. Mayor Gamache stated the problem with POV's is they do not have a stage out in the 29 ballfield so it is not confined to a tent, it is much larger. He noted a tent was placed over the band 30 but not over the audience. 31 32 Councilmember Knight wondered what would be a reasonable number of outdoor concerts. 33 Councilmembers Jacobson and Trude thought one night a year per bar would be good since it affects 34 a lot of residents peace and quiet. 35 36 Councilmember Trude thought it made sense to limit the number of concerts per establishment rather 37 than getting after the establishments for the noise after the fact. 38 39 The Council discussed what they thought was reasonable for events per establishment based on the 40 number of establishments they have in the City. 41 42 It was noted that a permit would be required for all events whether there is liquor or not. 43 Councilmember Orttel stated he would rather limit this to only establishments with liquor. 44 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 7 1 Mayor Gamache stated his concern is that last year the events ran from May through September and 2 he wondered ifthey should limit it to June through August. He did not want to have an event every 3 weekend during the summer either. Councilmember Knight suggested they limit it to summer 4 months. 5 6 Fire Chief Winkel thought the problem would be solved ifthe establishments shut the music down 7 earlier. 8 9 Councilmember Orttel thought they should allow one event per business and then if they want to 10 have a charitable event they can come before the Council for special approvaL 11 12 The Council continued to discuss the number of events that should be allowed in the City each year. 13 14 Mr. Dickinson summarized what the Council discussed and wanted changed. The first item to 15 change is to limit the events to June, July and August; end at midnight; and limit one per 16 establishment, and not allowing establishments to transfer unused event opportunities. 17 18 Councilmember Trude wanted this limited to the General Business District. The Council agreed. 19 20 Councilmember Knight thought they should state "No more than one event per night in the City". 21 Mayor Gamache indicated he would agree to have an event once a month and not consecutive 22 weekends so he would like to see the establishments decide between themselves the dates. 23 24 Mayor Gamache stated when they are talking events they are talking Friday and Saturday night as 25 one event. The Council agreed. Mayor Gamache stated they will allow one weekend event per 26 establishment, not allowing the same weekend for two events. Councilmember Orttel indicated this 27 will only pertain to full liquor licensed establishments in the General Business District. Mayor 28 Gamache indicated it would be limited to June, July and August. 29 30 Councilmember Trude thought they should try this for one season and then discuss how it went in 31 the fall 2009 with the establishments and neighbors. 32 33 Mr. Dickinson stated he would like to send a letter to the establishments indicating what the City is 34 going to do. The Council agreed. 35 36 37 SCHEDULE EDA MEETING 38 39 The Council is requested to schedule an EDA meeting at 6:00 p.m. before the December 2,2008 City 40 Council meeting. 41 42 Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on December 2, 2008 at 6:00 43 p.m. Motion carried unanimously. 44 Regular Andover City Council Meeting Minutes - November 18, 2008 Page 8 1 2 ADMINISTRATOR REPORT 3 4 City Administrator Dickinson updated the Council on the administration and city department 5 activities, meeting reminders, Local Board of Appeal and Equalization Training reminder, 6 Hanson Boulevard NW Project update and miscellaneous projects. 7 8 City Engineer Berkowitz updated the Council on road improvements projects in the City. 9 10 Community Development Director Neumeister updated the Council on development activity in 11 the City. 12 13 Councilmember Trude wondered ifthey could review their townhome association agreements 14 and have some kind of ordinance indicating that association members are entitled to view any 15 charges that could potentially be assessed against them individually as a member of the 16 association. She wondered if they could include that in the association documents and seek an 17 amendment of the ones that are out there so they do not have this situation come up again. Mr. 18 Dickinson did not think this needed to be an ordinance but could be a model language for 19 insertion into their documents. He stated he would seek the advice of the City Attorney for some 20 language in regard to this because of the Data Privacy Act. 21 22 23 .MAYOR/COUNCIL INPUT 24 25 (Local Election Information) - Councilmember Trude stated in regard to the local election and 26 recount she wanted to have people be assured that the machines Anoka County uses have a 27 dedicated fax line so there is no issue of misread counts. 28 29 (I'hin Ice Reminder to Residents) - Mayor Gamache reminded people about staying off and 30 keeping kids off of lakes and ponds because the ice is still really thin. 31 32 The Council recessed to a closed session at 8:55 p.m. to discuss Public Works Union negotiations. 33 34 The Council reconvened the meeting at 9:19 p.m. no decisions were made from the closed session. 35 36 Motion by Jacobson, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting 37 adjourned at 9:20 p.m. 38 39 Respectfully submitted, 40 41 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - November 18, 2008 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - NOVEMBER 18, 2008 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .... .... ........................... ..................... ..................... ...... ................ ...... 1 RESIDENT FORUM...................................................................................................................... 1 AGENDA APPRO VAL.................................................................................................................. 1 APPROV AL OF MINUTES... ...... ... ................................... ...................................... ...................... 1 CONSENT ITEMS......................................................................................................................... 2 Approval of Claims..................................................................................................................... 2 Approve 2009 Tri-City GIS Contract ......................................................... ................................ 2 Approve Surplus Equipment Sales ....... ............ .................................... .................................. .... 2 Resolution R085-08 accepting Donation of TreeslRuss Schmeichel......................................... 2 Approve Raffle Permit Application/Benefit for the Family of Natash a Waalen ........................2 Approve Health Insurance Renewal and Employer Contribution............................................... 2 Approve LMCIT Liability Coverage ..........................................................................................2 Approve Personnel Policy Change.............................................................................................. 2 Consider Closing City Offices the Day After Christmas ............................................................ 2 Resolution R086-08 approving Assessment RolllImprovement Project 08-25...............;.......... 2 Approve Change Order Number One, Extension of Substantial Completion Date, 07-48, Tower Number 2. Resolution R087 -08...... ............................ ................................................ 2 Acknowledgement of Resignation of Chris Vrchota, Associate Planner ................................... 2 RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT..................... 2 PUBLIC HEARING: AMEND ZONING CODE/ADD SUBORDINATE CLASSROOM STRUCTURES........................................................................................................................... 2 CONSIDER ON-SALE INTOXICATING AND SUNDAY LIQUOR LICENSEIBEEF o 'BRAD YS ................................................................................................................................. 6 DISCUSS OUTDOOR PAR TIES/EVENTS .................................................................................. 6 SCHEDULE EDA MEETING.. ......... ..................................................... ........ .......... ...................... 7 ADMINISTRATOR REPORT..... ..... ......................................................... .... .......... ...................... 8 MA YORlCOUNCIL INPUT ........................................................... ...... ... ............................ .... ...... 8 Local Election Information. ........................................................................................................ 8 Thin Ice Reminder to Residents ........ ........ ............................ .......... .... ........................................ 8 ADJOURNMENT........................................................................................................................... 8 ~ 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 Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: December 2, 2008 INTRODUCTION Attached are disbursement edit lists for claims rdated to the on going business of the City of Andover. DISCUSSION Claims totaling $209,300.52 on disbursement edit lists #1 - #2 from 11/14/08 to 11/21/08 have been issued and released. Claims totaling $262,971.44 on disbursement edit list #3 dated 12/02/08 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUIRED The Andover City Council is requested to approve total claims in the amount of $472,271.96. Please note that Council Meeting minutes will be used as documented approval. 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WWW,CI.ANDOVER,MN,US TO: Mayor and Councilmembers CC: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve City Administrator Review DATE: December 2, 2008 INTRODUCTION The City Council held a special executive session on November 25, 2008, to evaluate the performance of the City Administrator James Dickinson. DISCUSSION The evaluation of the City Administrator, James Dickinson, was conducted in an executive session by the City Council as permitted by state open meeting laws. In summary review of the Council's discussion with the City Administrator, it was determined that City Administrator Dickinson exceeds the expectations of the City Council. The City Administrator was evaluated in the areas of Council relations, fiscal management, personnel, supervision, leadership, intergovernmental relations and community relations. This year the review included 360-degree feedback from the management team and selected staff. BUDGET IMPACT The City Council authorized the progression of City Administrator James Dickinson from the current rate of$118,790 annually to $122,354 annually, and continues to put $2,000 into deferred compensation. This includes a 3.0% COLA and has been budgeted for in the 2009 budget. ACTION REQUESTED Council is requested to approve the results of City Administrator Dickinson's performance reviews as satisfactory and authorize a compensation adjustment as noted effective January 1, 2009. A copy of the City Administrators contract is attached for your review and approval. Respectfully submitted, ft--~ Dana Peitso EMPLOYMENT AGREEMENT FOR JAMES DICKINSON THIS AGREEMENT, made and entered into this 2nd day of December 2008, by and between the CITY OF ANDOVER, MINNESOTA, a municipal corporation (hereinafter the "CITY") and JAMES DICKINSON, (hereinafter "EMPLOYEE"). WITNESSETH: WHEREAS, the CITY is a municipal corporation in the State of Minnesota; and WHEREAS, the EMPLOYEE has applied for the City Administration position with the CITY, which is appointed for an indefinite term by the City Council of the CITY OF ANDOVER and is subject to removal by a majority vote of the City Council; and WHEREAS, the EMPLOYEE will be classified as a supervisory employee pursuant to Minn. Stat. 179A.03, subd. 17; and WHEREAS, the CITY desires to employ EMPLOYEE, and to secure and retain his services, and to encourage effective, professional and efficient execution of their responsibilities by assuring EMPLOYEE'S morale, security, and independence, and to deter nonfeasance, malfeasance, and dishonesty in said position, and to require and secure for the CITY the full and undivided efforts of the EMPLOYEE, and to provide a just and reasonable provision for the termination of EMPLOYEE'S services at such future time as either party may desire; and WHEREAS, the EMPLOYEE agrees to serve the CITY on the terms and subject to the benefits, inducements, and conditions herein set forth and agreed to by the parties, which have been negotiated and agreed to by the parties for their mutual benefit; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements set forth herein, the EMPLOYER and the EMPLOYEE agree as follows: SECTION 1 - RECITALS The parties adopt and acknowledge the recitals hereinabove as part of this Agreement. SECTION 2 - DUTIES Subject to the provisions for removal as provided in this Agreement, the CITY will employ EMPLOYEE as City Administrator, to perform the functions, duties and powers of said position as established under Minnesota law and under the ordinances of the CITY. EMPLOYEE will faithfully and diligently perform all of the duties, responsibilities and powers so vested, delegated, or assigned, and shall obey all laws of the United States and ofthe State of Minnesota and all ordinances ofthe CITY. EMPLOYEE will not engage in any activities or conduct which are foreseeably likely to bring dishonor or disrepute to his 1 position or to the CITY. SECTION 3 - TERMS OF EMPLOYMENT EMPLO YEE will serve" at will" as City Administrator for the CITY for an indefinite term, in accordance with the City Ordinances. However, this Agreement shall be automatically renewed for successive one (1) year terms, unless EMPLOYEE is terminated as provided here within. EMPLOYEE'S tenure, service, and authority as City Administrator of the CITY shall be subject to immediate termination with or without cause as provided by Section 1-6-2E of the Andover Code of Ordinances. The EMPLOYEE shall be considered terminated at the date and time determined by the City Council, but the EMPLOYEE shall be entitled to benefits as hereinafter stated. EMPLOYEE may resign from his position as City Administrator at any time, with thirty (30) calendar days advance written notice to the City Council, unless otherwise agreed to by the EMPLOYEE and the CITY. Should the EMPLOYEE fail to give the required thirty (30) calendar day written advance notice, the EMPLOYEE forfeits all rights established by this contract unless agreed to by both parties. SECTION 4 - SEVERANCE PAY UPON TERMINATION In the event EMPLOYEE is terminated because of his conviction for an illegal act involving personal gain to EMPLOYEE, or is immediately terminated for any violation ofthe terms in the CITY Personnel Policy, then the CITY shall have no obligation to pay the termination benefits as set forth and described below. In the event that EMPLOYEE is terminated by the CITY, the CITY agrees to pay EMPLOYEE, at the time of his last pay check, a lump sum cash payment equal to four (4) months aggregate salary and to continue to provide and pay for the benefits set forth in Section 8 for a period of four (4) months following termination. In the event that EMPLOYEE has been unable to perform the duties and responsibilities of his position for a period of six (6) months due to a disability, or at such earlier time that the EMPLOYEE is determined to be permanently unable to perform the duties and responsibilities of his position due to a disability, the CITY agrees to pay EMPLOYEE, at the time of his last pay check, and at the discretion of EMPLOYEE, a lump sum equal to six (6) months aggregate salary and to continue to provide pay for the benefits set forth in Section 8 for a period of six (6) months following termination. If the CITY at any time during the employment term reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than across-the-board reduction for all employees, or ifthe CITY refuses, following written notice, to comply with any other provisions of this Agreement benefiting EMPLOYEE or EMPLOYEE resigns following a formal suggestion by the CITY that he resign, then EMPLOYEE may, at his option, be deemed to be terminated on the effective date of EMPLOYEE'S resignation and the EMPLOYEE shall also be entitled to receive the termination benefits set forth above. If EMPLOYEE voluntarily resigns his position with the CITY, there shall be no termination pay. 2 Upon discharge or resignation for any reason, EMPLOYEE shall be entitled to payment in the amount of the EMPLOYEE'S total accumulated annual leave and any other benefit provided to employees in this document or under the Personnel Policy. Any payments due under paragraphs 2,3 or 4 of this Section, may be paid either in a lump sum payment or in equal bi-weekly installments until paid in full at the EMPLOYEE'S discretion. SECTION 5 - COMPENSATION The CITY will pay EMPLOYEE for his services in accordance with the terms and conditions outlined in the City's Compensation Plan. The CITY shall pay EMPLOYEE for his services as City Administrator a bi-weekly gross salary of $4.705.92 The City Council shall review and consider an increase to EMPLOYEE'S salary as per CITY'S Compensation Plan on an annual basis. The CITY shall contribute to EMPLOYEE'S Public Employees Retirement Association ("PERA") account in the amount prescribed by law. The CITY shall contribute $2,000 annually on a bi-weekly basis to EMPLOYEE'S account towards a deferred compensation program currently provided by the CITY, which shall be reviewed annually by the City Council for consideration of any increase in the contribution. The CITY shall provide a $300 monthly vehicle allowance for the use of EMPLOYEE'S personal vehicle on CITY business, in lieu of reimbursement of mileage, which shall be reviewed annually by the City Council for consideration of any increase to the monthly vehicle allowance. The CITY shall have no obligation to make this payment after EMPLOYEE'S termination date. EMPLOYEE is eligible to submit for additional reimbursement of mileage if substantiated miles exceed the vehicle allowance. SECTION 6 - GOVERNMENTAL AND PROFESSIONAL ASSOCIATIONS At the discretion of the City Council, the CITY will pay the dues and subscription fees of EMPLOYEE for such national, regional, state and local governmental, professional, and service associations and organizations, including institutions of higher education, which the City Council determines are reasonably necessary for the EMPLOYEE'S professional participation, certification, advancement, improvement and growth, and which will benefit his service to the CITY, as may from time to time be approved in advance by the City Council upon the EMPLOYEE'S written request. SECTION 7 - PROFESSIONAL DEVELOPMENT AND TRAVEL The CITY will payor reimburse EMPLOYEE for his reasonable time and subsistence expenses in attending meetings and events at which EMPLOYEE represents the CITY, or which are reasonably necessary or desirable for EMPLOYEE'S professional development, or which are reasonably required by EMPLOYEE'S membership in an organization, association or committee for which the CITY pays the EMPLOYEE'S or the CITY'S membership dues. Every other year, as determined by the CITY, the EMPLOYEE should be encouraged, at CITY expense, to attend a national conference in the 3 EMPLOYEE'S field of responsibility. The CITY will payor reimburse the reasonable travel and subsistence expenses of EMPLOYEE for attendance at short courses, institutes and seminars relating to municipal government, finance, and management which are reasonably necessary for EMPLOYEE'S professional development and which will benefit his service to the CITY. Employee will not attend any such course, institute or seminar out- of-state if an equivalent or comparable course, institute or seminar is offered in Minnesota. The amounts and rates for reimbursement or payment of EMPLOYEE'S travel and subsistence expenses shall be determined in accordance with reasonable regulations applicable to all City employees adopted by the City Council as part ofthe City's Personnel Policy. Any costs associated with the conference or travel that exceed budgeted amounts shall be the responsibility of the EMPLOYEE. SECTION 8 - LIFE, HEALTH DENTAL AND LONG-TERM DISABILITY BENEFITS The CITY will provide Life, Health, Dental and Long- term disability benefits in the same manner as for other non-union employees. SECTION 9 - HOLIDAYS, ANNUAL LEAVE, and COMPENSATORY TIME The CITY shall provide EMPLOYEE the same holidays and annual leave benefits as other non-union employees as provided in the City's Personnel Policy. The CITY shall provide EMPLOYEE annual leave benefits at the 10+ year's benefits rate. The EMPLOYEES tenure will be calculated from his original hire date of November 15, 1999. The CITY understands that the duties of the City Administrator require a great deal of time outside normal business hours, and for that reason the EMPLOYEE may take reasonable compensatory time off during normal business hours, so long as the taking of such compensatory time does not unduly interfere with the performance of his duties. The CITY shall have no obligation to pay any unused Compensatory time, upon termination of EMPLOYEE. SECTION 10 - OTHER TERMS OF EMPLOYMENT The CITY will defend and indemnify EMPLOYEE to the extent required by Minn. Stat. 466.07. The CITY shall defend, indemnify, and hold harmless EMPLOYEE against any and all civil claims, demands, suits, actions, or proceedings of any kind or nature arising out of performance by EMPLO YEEof his official duties and responsibilities as City Administrator. This indemnification shall not apply to any criminal proceedings which may be filed against the EMPLOYEE. The CITY shall furnish and provide EMPLOYEE with insurance protection including comprehensive general liability and errors and omissions coverage applicable to all acts or omissions of EMPLOYEE arising out of his employment. 4 SECTION 11 - GENERAL PROVISIONS Whenever in this Agreement reference is made to any action of the City Council, such reference shall mean collective action in an official meeting. The CITY will make reasonable appropriations or will budget reasonable amounts, in accordance with the law and with the City Ordinances, for all benefits, payments and reimbursements to which EMPLOYEE is entitled under this Agreement. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Minnesota and the ordinances of the CITY. This Agreement shall be in effect from and after the 1 st day of January 2009. Unless otherwise terminated or modified in accordance with the provisions set forth in this Agreement. This Agreement shall be terminated upon the occurrence of any of the following events: a. the occurrence of an event outlined in Section 3 of this Agreement; b. the mutual agreement of the CITY and EMPLOYEE; c. the death of EMPLOYEE. In such event, EMPLOYEE, or the estate ofthe EMPLOYEE, shall be paid all compensation as provided in this Agreement; d. upon the written notice of either party to terminate this Agreement, provided that such notice shall be effective thirty (30) days after the other party receives the written notice; or e. EMPLOYEE has been unable to perform the duties and responsibilities of his position for a period of six (6) months due to a disability, or at such earlier time that the EMPLOYEE is determined to be permanently unable to perform the duties and responsibilities of his position due to a disability; ENTIRE AGREEMENT. This is the entire agreement between the parties. Except as provided above, it supersedes all prior agreements and understandings between the parties relating to the employment of EMPLOYEE and the termination of such employment. This Agreement may not be changed or terminated orally. No modification, termination or attempted waiver of any of the provisions of this Agreement shall be valid unless in writing signed by the party against whom enforcement is sought. HEADINGS. The headings contained herein are for reference only and shall not affect the meaning or interpretation of any provision of this Agreement. NO WAIVER. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. If any section, provision, condition or term of this Agreement, or application thereof to any circumstance, shall be held to be invalid or unenforceable for any reason by any court of competent jurisdiction, the remaining portions or applications hereof as can be given effect without the invalid or unenforceable provision or application shall remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 5 IN WITNESS WHEREOF, the CITY and EMPLOYEE have approved and executed this Agreement on this day of, 2008. CITY EMPLOYEE By: Its Mayor James Dickinson City Administrator And: Its Deputy City Clerk 6 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 City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve 2009 Liquor & Tobacco Licenses DATE: December 2, 2008 INTRODUCTION Liquor and tobacco licenses expire on December 31, 2008. DISCUSSION The following have applied for renewal of their licenses and paid the appropriate fees: Off-Sale Intoxicating Liquor Andover Liquor Clocktower Wine & Spirits G- Will Liquors Northgate Liquors On-Sale & Sunday Intoxicating Liquor Andover Lanes Jade Catering Pov's Sports Bar Tanners Station Tobacco Andover Liquor Bill's Superette Clocktower Wine & Spirits Croix Convenience CVS Pharmacy G- Will Liquors King's County Market Lakes Marathon Northgate Liquors Pov's Sports Bar Stop N Shop SuperAmerica Walgreens Off-Sale 3.2% Malt Liquor Bill's Superette Stop N Shop SuperAmerica ACTION REQUIRED The City Council is requested to approve the above licenses for the period January 1, 2009 through December 31, 2009. Respectfully submitted, ( , .~w{rPtfnvJ Mi helle Hartner Deputy City Clerk Attach: License applications Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St, Paul, MN 55101-5133 651-201-7507. TTY 651-282-6555 · Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES ,..N2.1ic.ense~ilJ'be~PPt2"edbireleased.untilthe$2o.R.e~etID..dard..feejSr&eivedbY)N1NLi<1l1or...Contr()1'(3,2%.1.iSell$~~~xe1llPt)>.i( Licensee: Please verify your license information contained below, Make corrections if necessary and sign, City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period, City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code DFSL License Period Ending 1 i.=':: / .3 1. / 20 (.1f)# 78H:i City/County where license approved, AndtJvei" Licensee Name Jug LiqutJl" Inc. Trade Name And>:ivel" LiqUOr' Licensed Location address .3121 161.;t Ave Nt.) City, State, Zip Code And (j ',,... >?'r', trlN 55.3104-2404, Business Phone 76.3/421-0572 LICENSE FEES: Off Sale $ On Sale $ Sunday $ . 200.00 0.0! 0.00 By signing this renewal application, applicant certifies that there has been no c ange in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota, If so, give details on back of this application, 2, Licensee confirms that it has never had a liquor license rejected by any city/township/county in the sate of Minnesota, If ever rejected, please give details on the back of this renewal, then sign below, 3, Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below, 4, Licensee confirms that during the past five years it or its employees have not been convicted of any criminal violations or imposed with any civil penalties, If so, please report on back of this application, 5, Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802, If yes, attach a copy of the summons, then sign below, 6, Licensee confirms that Workers Compensation insurance is in effect for the full license period, Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). ice LI ',* Date /O..~~{)'S (Signature certifi 11 ab ve information to be conect and license has been approved by city/county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above,) County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license), Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/localliquor law violations (crimina:l/civil), Report violations on back, then sign here, PS 9093-05 Indicate below changes of corDorate officers. partners. home addresses or telephone numbers: .1ftJ AJ e Indicate below any interest whatsoever. directly or indirectly in other liquor establishments: ti/t1 A)~ Report below details of liquor law violations (civil or criminal) that have occurred within the last five years. (Dates. offenses. fines or other Denalties. includinl! Liquor Control Penalties): (I/l) .A)~ Report below details involving any license reiections or revocations: ;tt1 j /tJ r!- ..- ~ City/County Comments: Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-201-7507 · TTY 651-282-6555 · Fax 651-297-5259 RENEW AL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ill Card fee is received by MN Liquor Control' (3.2% Licenses exempt) Licensee: Please verify yom license information contained below, Make corrections if necessary and sign, City Clerk/Connty Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period, City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code OFSL License Period Ending t c.::/ 31 /c:~0I4g# 1 S2~3~'5 City/Connty where license approved, f:~ndovel'~ Licensee Name C 1. oc!,d:; O~'>IfH' t"jj, ne 8: Sph~its Inc. Trade Name C 1. ockt i,:H'>Ier' l.Ji n e ,5." :3pil'~it,::; Licensed Location address 1 ~51 90 B1.ueb:i.r~d :3t Nl.J # 1 iL''';1 City, State, Zip Code ~~ncj;,Jver', 1'1N 55304- Business Phone 76,3/1.1.3'i,"-IZI11E, LICENSE FEES: Off Sale $ On Sale $ Sunday $ ... . FIZ'!ZI. IZ10. Ilj.01;'I.. fr. ~~1 By sIgmng thIS renewal apphca lon, apphcant certIfies that there has been no cnange III ownershIp on tea ove named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any ofthe following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota, If so, give details on back of this application, 2, Licensee confirms that it has never had a liquor license rejected by any city/township/county in the sate of Minnesota, If ever rejected, please give details on the back of this renewal, then sign below. 3, Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local), If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been convicted of any criminal violations or imposed with any civil penalties, If so, please report on back of this application. S, Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A,802. If yes, attach a copy of the summons, then sign below. 6, Licensee confirms that Workers Compensation insurance is in effect for the full license period, Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). - , 'Date f 0 '0<..2. - 06 r - .._--........... atio to be conect and license has been approved by city/county,) City Clerk/County Auditor Signature Date (Signatme certifies that renewal of a liquor, wine or club license has been approved by the city/connty as stated above,) County Attorney Si~nature Date Connty Board issued licenses only (Signatme certifies licensee is eligible for license), Police/Sheriff Signature Date (Signatme certifies licensee or associates have not been cited during the past five years for any state/localliquor law violations (criminal/civil), Report violations on back, then sign here, PS 9093-0S Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-201-7507 · TTY 651-282-6555 · Fax 651-297-5259 RENEW AL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES Nollcense.wi1lb~.appi~~edoj-rcleasedllntilthe$20 Retailer ill Card fee isrebeivedbY.f,1M~i~1191'.doIig()ii~(3,2~~i9etl1l~~~6tt;.#t5; ... Licensee: Please verify your license information contained below, Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period, City Clerk/County Anditor are also, required by M.S. 340A.404 S.3 to report any license cancellation. License Code OFSL License Period'Ending 1 i?::/.31 /20lZJ:~# 1. 6.34, City/County where license approved. AndlJvet~ Licensee Name IrJC R L. i q l.J.lJt~':; Inc" Trade Name 13'-l"J i 11 Liqu.ot~s Licensed Location address 1.313"?~; Round Lk Blvd NL"J City, State, Zip Code And I) v e"r', tr1N 55.304 Business Phone 76.3/4i?::1-1117 LICENSE FEES: Off Sale $ On Sale $ Sunday $ ~00.0~ 0.0~ 0.00 By signing this renewal application, applicant certifies that there has been noc ange in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the followinl:: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application, 2, Licensee confirms that it has never had a liquor license rejected by any cityltownship/county in the sate of Minnesota, If ever rejected, please give details on the back of this renewal, then sign below, 3, Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below, 4, Licensee confirms that during the past five years it or its employees have not been convicted of any criminal violations or imposed with any civil penalties, If so, please report on back of this application, 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802, If yes, attach a copy of the summons, then sign below, 6, Licensee confirms that Workers Compensation insurance is in effect for the full license period, Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). I,icensee Signature ~.....~ :X/~ 4 ., . . Date 101/3/0 r , I , { (Signature certifies all above information to be COTI'ect and license has been approved by city/county,) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above,) Count,v Attorney Signature Date County Board issued licenses only (SignatUl'e certifies licensee is eligible for license), Police/Sheriff Si~nature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/localliquor law violations (criminal/civil), Report violations on back, then sign here, PS 9093-05 Indicate below changes of corporate officers. partners. home addresses or telephone numbers: Report below details of liquor law violations (civil or criminal) that have occurred within the last five vears. (Dates. offenses. fines or other nenalties. including Liquor Control Penalties): Report below details involving any license rejections or revocations: ~ -.ULI "-r -, ". City/County Comments: Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-201-7507 · TIY 651-282-6555 · Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ill Card fee is received by MN Liquor Control. (3.2% Licenses exempt) Licensee: Please verify your license infOlmation contained below, Make conections if necessary and sign, City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period, City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code DFGL. License Period Endin'" 1 c: /3 j,/ c.::IZI1L16# HJ.355 b City/County where license approved, (~~ n d (;) V e t~ Licensee Name L.iquot"'s PI lj':; Inc, Trade Name Northgate Liquors Andover Licensed Location address 13627 Quinn St NW City, State, Zip Code Andover, MN 55304 Business Phone '7 E/.3 l 755..... 7'7'75 LICENSE FEES: Off Sale $,}. .." On Sale $ Sunday $ (XOO.OO 0 JZH~I ;, 171(1J By signing this renewal application, applIcant certifies that there has been no' change in ownership on tKe' aoove named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application, 2, Licensee confirms that it has never had a liquor license rejected by any city/township/county in the sate of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below, 3, Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below, 4, Licensee confirms that during the past five years it or its employees have not been convicted of any criminal violations or imposed with any civil penalties, If so, please report on back of this application, 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802, If yes, attach a copy of the summons, then sign below, 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond m~~ Ale submitted in lieu of liquor liabil- ity. (3.2% liq~r"'hc ses are exem t if sales ar less tha~$Z5,OOO at on sale, or $5i)~&t'lt off sale). . L'ce ee i l.!l ~ G _ ~ate IO'3o-o~ (Signature certifies all above infOlmation to be coneet and license has been approved by city!county,) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city!county as stated above,) County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license), Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations (criminal/civil), Report violations on back, then sign here. PS 9093-05 Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St, Paul, MN 55101-5133 651-201-7507. TrY 651-282-6555 · Fax 651-297-5259 RENEW AL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control' (3.2% Licenses, exempt) Licensee: Please verify your license infOlmation contained below, Make conections if necessary and sign, City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONSS License Period Ending 1 E:;' 31 ;' ;:::0tZt6# 18875 City/County where license approved, ~lndovel'~ Licensee Name ~~ndovet~ Lanes Inc. Trade Name ~lndov\:-~l'" Lanes Licensed Location address 1 ~:SE;.3.3 t'~al'-'-!; in S-l; Nl;) City, State, Zip Code Andov*-H~, rili',~ ~)5.3JZI4 Business Phone 76,3;' 7 ~5 ,~[, -- B lZII;?! lZI LICENSE FEES: Off Sale $ On Sale $ Sunday $ 0.00 5250.00 ?00.0~ By signing this renewal application, applicant certifies that there has been no change in ownership on the above namen licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application, 2, Licensee confirms that it has never had a liquor license rejected by any city/township/county in the sate of Minnesota, If ever rejected, please give details on the back of this renewal, then sign below. 3, Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local), If a revocation has occurred, please give details on the back of this renewal, then sign below, 4, Licensee confirms that during the past five years it or its employees have not been convicted of any criminal violations or imposed with any civil penalties, If so, please report on back of this application, 5, Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below, 6, Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. 100,090 in cash or,securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor lice se$ ar eJ ~z: <;8' are less than $25,000 at on sale, or $50,000 at offsal!U: _ ' 'j . /h A . , lot ~ t" Lice ee Si n ture / V ~ . __ . .,.. Date Z-~ t) , J (Signature certifies all above information to be conect and license has been approved by city/county,) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above,) County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license), Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/localliquor law violations (criminalJcivil), Report violations on back, then sign here. PS 9093-05 Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-201-7507 · TIY 651-282-6555 · Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control' (3,2% Licenses exempt) Licensee: Please verify your license infOlmation contained below, Make conections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONSS License Period Ending 1. E: ;,::51 ; c~@zt6# 6065 City/County where license approved, t=~md 0 \.1 (;) t~ Licensee Name ,..1' <:~ d .;? Cat €-!l'~i ng Inc. Trade Name ,J a.d .? C 2'\ 'I; ':! l'~ i n 1;1 Licensed Location address 1 .~::~~ ~5LI- t) tiJ ,3.\'" 'i~ i 11 St City, State, Zip Code Andover', tr1N 55.3fZ14 Business Phone 7" f; .3/"'" EI -.7-" .3 3 ::; (:1 LICENSE FEES: Off Sale $ On Sale $ Sunday $ ... . f?" (~IIZI.. 525~. 01ZI. . E:li.i0. 0ffi By slgmng thIS renewal applIca lon, applIcant certifies that there has been no c ange III ownershIp on the above name licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota, If so, give details on back of this application. 2, Licensee confirms that it has never had a liquor license rejected by any city/township/county in the sate of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3, Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below, 4, Licensee confirms that during the past five years it or its employees have not been convicted of any criminal violations or imposed with any civil penalties. If so, please report on back of this application, 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802, If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is . ued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liqu li,enses are exell}. if st.;re less than $25,000 at on sale, or $50,000 at off sale). ,_ L'ce ((-t7-tJ 0 e ate (Signature certifies all above infOlmation to be conect and license has been approved by city/county,) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city/county as stated above,) County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license), Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any statellocalliquor law violations (criminal/civil), Report violations on back, then sign here, PS 9093-05 Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-201-7507 · TIY 651-282-6555 · Fax 651-297-5259 RENEW AL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES ]\To Iic.eps~~lbe apjJrov~dor releasfl<i rihtiltlle $+0 Retailer ill Card feejsrci:~ive4b)'MN LiqllorControlo (3.2% tiE~lls~s~xeIIlPtl Licensee: Please verify your license information contained below, Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code DNSL License Period Ending 12/.31/E:@ZJ:6# 9028 City/County where license approved, Anclovet~ Licensee Name Pov' .05 SpOt~t 'S Bat~ Inc. Trade Name Pav's Sp.::wt s Bal'~ Licensed Location address 1851 Bunket~ Lake Blvd Nl.J City, State, Zip Code An d Q ',,/f? t~, t>1N 55.304 Business Phone 75.3/755-i=:323 LICENSE FEES: Off Sale $ On Sale $ Sunday $ ... . 0.1Z10.. 525~. 00. . 200. 0~ By sIgnmg thIS renewal applIcatIOn, applIcant certIfies that there has been no c ange m ownershIp on the above name licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's si~nature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application, 2, Licensee confirms that it has never had a liquor license rejected by any city/township/county in the sate of Minnesota, If ever rejected, please give details on the back of this renewal, then sign below, 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local), If a revocation has occurred, please give details on the back of .this renewal, then'sign below, 4, Licensee confirms that during the past five years it or its employees have not been convicted of any criminal violations orimposed with any civil penalties, If so, please report on back of this application, 5, Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802, If yes, attach a copy of the summons, then sign below, 6, Licensee confirms that Workers Compensation insurance is in effect for the full license period, Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,0 cash or sec ities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor' re t' [e less than $25,000 at on sale, or $50,000 at oft'sale). y:;, ~ ~ L _ -, . ')('" I/J ..:-rP- r- -;k? ' - --... 'Date (Signature certifies all above information to be correct and license has been approved by city/county,) City Clerk/County Auditor Signature ate (Signature certifies that renewal of a liquor, wine or club license has been approved by the city!county as stated above,) County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license), Police/Sheriff Sig-nature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/localliquor law violations (criminal/civil), Report violations on back, then sign here, PS 9093-05 Minnesota Department of Public Safety Alcohol and Gambling Enforcement 444 Cedar Street, Suite 133 St. Paul, MN 55101-5133 651-201-7507 .1TY 651-282-6555 · Fax 651-297-5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ill Card fee is received by MN Liquor Control. (3.2% Licenses eXempt) Licensee: Please verify your license information contained below. Make conections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONS!3 License Period Ending :J.c;~l.:3J. /E:eIIZt~# ;::::1.;.:'::.3"7 City/County where license approved. r::lndover~ Licensee Name RGl.J Inc.. Trade Name T,:3.nn(0Y'S St.::ttion Licensed Location address 1.3655 1<1<i:lr't in !::;i: City, State, Zip Code F1ndover-', tilN ~j5~304 Business Phone it El.3l7' (:; 'l..M. 1. 51ZIJl":1 LICENSE FEES: Off Sale $ On Sale $ Sunday $ (;~. G~0 5;::'5&. fi)IZi i.:;'01Z1. ll'l~ By signing this renewal application; applicant certifies that there has been no c ange in ownership on the above name licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back Of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city/township/county in the sate of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been convicted of any criminal violations or imposed with any civil penalties. If so, please report on back of this application. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city/county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). A/~ --.. ""- Date i\ Ill.) I "Zlib q" Licen ee S' na (Signature certifies all above infOlmation to be correct and license has been approve City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city!county as stated above.) County Attorney Signature Date County Board issued licenses only (Signature certifies licensee is eligible for license). Police/Sheriff Signature Date (Signature certifies licensee or associates have not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093-05 C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. '7 1;.3 - I-f g,) - 6'0-79--. WcP-/:. Applicant's Name 3D 5eP H V k ~tdlJ L Phone ~ .. < .--- Applicant's Address ,... _.._~---- . . ^ . Business Name AIJIJOV'eR t... f f LA 61<. Phone 76J -1t~/-tJS"?;Z Business Address 5/'7.1 Ibl$f A V e. A) ~ LV '. 1t)J /)() vel? JV.JJ SS- 361 < Type of Business Conducted at Location Of F -5' A t-- e. '-'I ((UbI< s ra kf!. I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby soleri'mly swear that the foregoing statements are true and correct to the best of my knowledge. ID --b (-~S' Date 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 License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name po I\.. !\we< ~ ,,~ .. Phone. - ;,. Applicant's Addresstl. . -,.... , - ,,--- ^- , - , ,j Business Nam~-~oc.k: \o\.<JPr GJ"V' l. 5D'>1 \~ Phone 7-'3 Lf.?t( ~Ol (b I ~o.N I Y'~ SS3 o-{ BusinessAddress l5\<1D tiueh~'''-Jt. ~,vJ.- '3..),.-<.. \O~ Type of Business Conducted at Location ~-R~ \ I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solerrmly swear that the foregoing statements are true and correct to the best of my knowledge. , ... ~.__.. lO .~;,). - 0 "'R Date 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail . Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to ~ovide the fOIl~ng information. {Loto.L OIL- . NLPt:J,A/'j Applicant's Name-1Y\ A-NL- <d'-. O~ Phone t - Applicant's Address -. ~ - ,- .. . C-It...o t 'f--ClI L to m. (I ~ Business NameW/'t ~I\JV6'\J16VC.t.- 'AN fJo lJ~Phone r;ro3 ~tJ5Cf -/333 Business Address \3056 HtlN.sorJ '"BL-U-P Nw Type of Business Conducted at Location CoIIJUbNtC1tJLL ~E. W~ ~UIV€:- I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. ~6 \Ql~d Signature of App Icant D te 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 TOBACCO AND 3.2% MALT LIQUOR LICENSE RENEWAL APPLICATION Business Name 0>>6/ p~mC)cf fF 7-'110 . Business Address 36 '33 Bon heY t C1 V)e Io{Jd. f0 ()J 1~f1d{)Jel I\Al S53ot{ . Business Telephone Number 9'6'3- C{ ifl- 5V l'I Business Owner BOD Ke( L C1, Ke CU5 L.L .e,. I u..J000CZ:JOcAe- -r U4 Owner's Address One. Cu~ <Or, ve ~'306~ /-t . OCY8CJs-, Owner's Telephone Number l1,O I - J10 - 'd- d ":j-;;)- . Manager's Name L~f\dO( ~~ Y)I) lor-on . Type of License: (Check each license being applied for) Retail Sale of Tobacco )<- I Off-Sale 3.2% Malt Liquor On-Sale 3.2% Liquor Ruth M paredes ~C?~ License coordinator Applicant's Name (Print) Applicant's Signature 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 License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to providethe following information. t Applicant's Name LiJC.J<. L;7~r-.5 JJ?c. Phone .. --- Applicant's Address:- _ , - ' ----- -- ---- .. JJ;;fj L..J~U::Jr-.s, :Ihl:.. ~ Phone 7~-'1;1.J-JJJ7 Business Name ~ a- 'LV;')} 1-J'1uor..s Business Address 13973 !0vnd La~.JA)ui /1J')Jt)tP..f; />>/)J 553C;,/ Type of Business Conducted at Location C>l:t5o.le... L/9tXJr L qjo~ I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. .;~ ~;;2.~ /' Signature of Applicant lo/ig !of' . . Date 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 TOBACCO AND 3.2% MALT LIQUOR LICENSE RENEWAL APPLICATION Business Name KiN(':;~ ~OL;,..,i"l {\{\A~t.€r ANDaVG~ Business Address 1"3> 1 j 5 Kl4> vo ~ BL"'~ . ;,',~.i Business Telephone Number <7 ~ 3.... 4'2..2. - 11 (6 8 Business Owner .RoB e' e..r ((, iIJ~ - ~ Owner's Address . ...~_. . Owner's Telephone Number .. Manager's Name :TI, -H i>V .~o W\ ,\-5> Type of License: (Check each license being applied for) Retail Sale of Tobacco 'f.. Off-Sale 3.2% Malt Liquor On-Sale 3.2% Liquor ~ i"'l .... OtfU , fbj\l\A) - Applicant's Name (Print) 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 TOBACCO AND 3.2% MALT LIQUOR LICENSE RENEWAL APPLICATION Business Name J... ;f k: tEs. hll,eA -rli n,"/ - 71/'-'<J 0 v sr-fi- .;. Lfj' s,. .AJh) Business Address 15~ t:J(} .. L 1~/f.L /AfL4 Business Telephone Number '7 {p "3 ." V).3'-- ?;?~ Business Owne;-0 !,~ ".J "J K." t:: (2 . PI A'/2.. u::.f' , -- - ", Owner's AddresSl .J I " Owner's Telephone Number T -r &UAJ67/&'" Manager's Name /11 (j ,11'1 Type of License: (Check each license being applied for) Retail Sale of Tobacco rK Off-Sale 3.2% Malt Liquor On-Sale 3.2% Liquor ~..~.~ D ;:C / A ",.,J A}/~ . ' ,J;/:;/-LLCS Applicant's Name (Print) Applicant's Signature '. 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 License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name ~('vu:.e.... \::r,c:u)\a...r'\ Phone -, I Applicant's Address , . - ..._------........- Business Name -11or-l-hjQj(l Li~~(~ Phone 11R3-1ff5-?-rt5 Business Address I~lodl a~.:s+--IJ t<J flndo ve(l... 553Y1 "..,~ ..... LiQ.u..o{~ Type of Business Conducted at Location I agree to waive my constitutional rights against search and seizure and will . freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solerrmly swear that the foregoing statements are true and correct to the best of my knowledge. ~LtY7rJ~ Signature of Applicant '~Dr~ Date 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 License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name pov' S SPORTS RAR Phone 7fiQ-7,)7-?Q?q 1851 BUNKER LAKE BLVD Applicant's Address ANDOVER, MN 55304 Business Name POV'S SPORTS BAR, INC. Phone 763-757-2323 1851 BUNKER LAKE BLVD Business Address ANDOVER, MN 55304 Type of Business Conducted at Location FOOD AND BEVERAGE I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. X~~/- :X Signature of Appl cant /b'-lV' r Date 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TOBACCO AND 3.2% MALT LIQUOR LICENSE RENEWAL APPLICATION Business Name ~ms .,ji.~O'8 Business Address ;) LoLl BJ() )\jf LaJ6.:_e~Lti-N \0 Business Telephone Number i}(o3. '154. {pt{Oq" Business Owner ~ ~( O.f\ ~ . Owner's Address VO. 6"D~ 9DLJ)ee(.~J&l TL ~()l~ Owner's Telephone Number ~Y7~315~4.3.J3 Manager's Name~f)ar{J Ve.lJr;r Type of License: (Check each license being applied for) Retail Sale of Tobacco X Off-Sale 3.2% Malt Liquor ~ ( IX On-Sale 3.2% Liquor ~\ fx. Starr Sekullch LIcense Specialist 847/315-4313 Applicant's Name (Print~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TOBACCO AND 3.2% MALT LIQUOR LICENSE RENEWAL APPLICATION Business Name !atJem/J{" her uryM~havC; .~ d~_ ~ fJ)) 1,5 sv~ereI!e. Business Address JI.J{)l./ I ~,J Ln}p.j ~Jui, /fndCJ~J; /)//lJ~ Business Telephone Number7bL':3-L};).7-D.504 Business Owner tV/I J) 'am Co. J<dto//)~~J' Owner's Address C. - : ~ ' , : - - .- pr , - - - Owner's Telephone Number I_~......- Manager's Name fun (' /:Jtt 'Y1n Type of License: (Check each license being applied for) Retail Sale of Tobacco V Off-Sale 3.2% Malt Liquor V On-Sale 3.2% Liquor L.Wt. e.!" r: /G:ts r ~;;~ Applicanfs Name (Print) Applicanfs Signature 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 TOBACCO AND 3.2% MALT LIQUOR LICENSE RENEWAL APPLICATION Business Name ~y 5.J!ErArerica u.c eta =4ErArerica # 4477 Business Address 13727 H3nsrn Blvd. N.1l Business Telephone Number 767-2550 Business Owner Sj:EecLay 5.J!ErArerica u.c Owner's Address ,- _ -A Owner's Telephone Number - - Manager's Name Sla-dra T reid-el Type of License: (Check each license being applied for) Retail Sale of Tobacco X Off-Sale 3.2% Malt Liquor X On-Sale 3.2% Liquor Fblald L. Ednistcn, Treasurer diJ~L Applicant's Name (Print) Applicant's Signature For ~y 5.J!ErArerica u.c 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 TOBACCO AND 3.2% MALT LIQUOR LICENSE RENEWAL APPLICATION Business Name ;I j~ '~ sf-P~ ~/I - r~ ~ , r Business Address /372.> Cr-~ ~ """ TC9 GA.--",..,.... r--::~ R. , ?tt1 Business Telephone Number ~. -?- $ ~ - 2..- ~ '2- b #i? If /9 hL/f-.A1 . ..... Business Owner ~ #- IT Ir"v'" C Owner's Address ... ~ . r ---<'I , - - Owner's Telephone Number \ _- Manager's Name #4 ~ #-f./A-~ ~A-(J'A:-/V"E Type of License: (Check each license being applied for) Retail Sale of Tobacco ()L Off-Sale 3.2% Malt Liquor ~ On-Sale 3.2% Liquor ~'L .-/ ;J~ ;< Il-H /J-tVI WA-I jA ,Y ~ Applicant's Name (Print) (5) C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . YVWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: James Dickinson, City Administrator SUBJECT: Appoint City of Andover RepreseNtative to Youth First Board DATE: December 2, 2008 INTRODUCTION Currently the City of Andover has a vacant seat for the Youth First Board. DISCUSSION Cheryl Seburg, Youth Development Director for the Andover YMCA, has indicated that she is very interested in becoming a board member for Youth First. Cheryl has an Education Degree and 10 years of experience working at local school districts (Anoka Hennepin, Bloomington and Robbinsdale ). Cheryl has lived in Anoka County for most of her life and is very interested in getting involved and helping to make a difference with the youth in our community. Administration is recommending that Cheryl Seburg, Youth Development Director for the Andover YMCA, be appointed, effective immediately. If appointed, Cheryl would join current board members Pastor Jim Barber and City Administrator Jim Dickinson. ACTION REQUESTED Appoint Cheryl Seburg, Youth Development Director for the Andover YMCA, as a City of Andover representative to the Youth First board. -- [!iJ 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 Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve 2009 Anoka County Sheriff Contract DATE: December 2, 2008 INTRODUCTION Each year the City Council approves the subsequent years (2009) law enforcement contract with the Anoka County Sheriff s Office as part of the annual budget process. The 2009 contract is attached for the City Council approval. DISCUSSION The 2009 City of Andover Law Enforcement expenditure budget is $2,545,642 which is offset by a Police State Aid revenue budget of $112,860 and School Liaison revenue budget of $83,988 reflecting a net tax levy impact of $2,348,794. The Anoka County Sheriff s contract provides for 80 hours per day of patrol service, 12 hours per day of service provided by a Community Service Officer, a School Liaison Officer in the middle school and high school, a full-time patrol investigator, and 50% of the costs associated with the Crime Watch Program's coordinator position. BUDGET IMPACT The contract total of $2,545,642 is contained in the City of Andover 2009 Budget. ACTION REQUESTED The Andover City Council is requested to approve the attached Anoka County Sheriff s Contract. - Attachment - Sheriff s Contract Anoka County Contract No. 2008-0320 LAW ENFORCEMENT CONTRACT THIS CONTRACT is made and entered into this day of , 2008, by and between the County of Anoka, a political subdivision of the State of Minnesota, and the Anoka County Sheriff, hereinafter referred to as the "County," and the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, hereinafter referred to as the "Municipality," for the period of January 1,2009, through December 31,2009. WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County, through the Office of the Anoka County Sheriff (hereinafter Sheriff), for the performance of the .Iaw enforcement functions hereinafter described within the corporate limits of said Municipality; and WHEREAS, the County is agreeable to rendering such services and law enforcement functions on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by Minn. Stat. 99471.59 and 436.05. NOW, THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants expressed h~rein, it is agreed as follows: I. PURPOSE The County, through its Sheriff, agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth. II. SERVICES TO BE PROVIDED BY THE COUNTY A. Except as otherwise hereinafter specifically set forth, such services shall encompass the duties and functions of the type normally coming within the jurisdiction of the Sheriff pursuant to Minnesota Law, and, in addition, the Sheriff and his duly assigned deputies shall, within the Municipality's corporate limits, exercise all the police powers and duties of city police officers as provided by Minn. Stat. 9 436.05. B. The rendition of services, the standard of performance, the discipline of the deputies, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in and under the sole control of the Sheriff. C. Such services shall include the enforcement of Minnesota State Statutes and the municipal ordinances of the Municipality. D. The County shall furnish and supply all necessary labor, supervision, equipment, and communication facilities for dispatching, jail detention (including the cost of such detention), and daily patrol service as specified in Paragraph II.E. of this Contract, and shall be responsible for the direct payment of any salaries, wages, or other compensation to any County personnel performing services pursuant to this Contract. E. The County agrees to provide law enforcement protection as follows: For the period of January 1, 2009, through December 31, 2009, the Sheriff will provide Eighty (80) hours per day of daily patrol service. Said daily patrol service shall be exercised through the employment of four patrol cars, to be supplied, equipped, and maintained by the County and staffed by Sheriffs deputies. Further, said daily patrol service will provide and fulfill those services and duties ordinarily provided and fulfilled by city police officers as provided by state law and municipal police officers as provided by state law and municipal ordinances. The Sheriff will also provide twelve (12) hours per day of service by a Community Service Officer. In addition, the Sheriff will provide the service of a Community Service Officer for park security, twenty (20) hours per week, April through September. The Sheriff, upon consultation with the Law Enforcement Committee created pursuant to Paragraph VI. herein, shall determine the time of the day during which the patrol service shall be provided. The Sheriff may periodically change the times of patrol service in order to enhance the effectiveness of the coverage. The Sheriff will also provide an additional Patrol Investigator. The Investigator will provide an additional forty (40) hours per week coverage investigating crimes within the City of Andover. The Investigator will be issued a vehicle and be granted take-home privileges, per Anoka County Sheriff's Office Policy, for that vehicle. The Sheriff will also provide 2 full-time Deputy Sheriffs to be assigned as a School Liaison Officer, in the Municipality's schools during the school year. This will include the middle school and the high school. The County also agrees to cover 50% of costs associated with the Crime Watch Program's coordinator position. The Municipality agrees to cover the remaining 50%. During the non-school months, these officers will continue to be - 2- assigned in the Municipality to work in such areas as patrol, selected enforcement efforts, and crime prevention. III. DUTIES OF MUNICIPALITY A. It is agreed that the Sheriff shall have all reasonable and necessary cooperation and assistance from the Municipality, its officers, agents, and employees, so as to facilitate the performance of this Contract. B. This Contract shall not alter the responsibility for prosecution of offenses occurring within the Municipality as is currently provided by law. Likewise, collection and distribution of fine monies shall be controlled in the manner provided by law. IV. COMPENSATIONITERM For law enforcement protection services as specified herein for January 1, 2009, through December 31, 2009, the Municipality agrees to pay to the County the sum of Two Million Five Hundred Forty Five Thousand Six Hundred Forty Two Dollars and 00/100s ($2,545,642.00). Said sum is payable in four (4) equal installments due April 6, 2009; July 6, 2009; October 5, 2009; and December 31, 2009. The County agrees that the Municipality will receive a credit against its contract price obligation as a result of anticipated Police State Aide. The amount of the credit will be determined by the amount of money received per sworn officer from the State of Minnesota times the number of sworn officers charged to service the contract. V. RENEWAL This Contract may be renewed for a successive period of one (1) year. Said renewals shall be accomplished in the following manner: A. Not later than one hundred twenty (120) days prior to the expiration of the current Contract, the County, through its Sheriff, shall notify the Municipality of its intention to renew. Said notification shall include notice of any increase in total contract cost. , - 3- B. Not later than ninety (90) days prior to the expiration of the current Contract, the Municipality shall notify the Sheriff of its intention to renew and its acceptance of increased costs. C. The renewal shall be officially approved by the parties' respective governing bodies prior to expiration of the current Contract. VI. LAW ENFORCEMENT COMMITTEE The County, through its Sheriff or his designee(s), agrees to meet, from time to time, with any duly designated law enforcement committee of the Municipality. The purpose of said meetings shall be to make suggestions for improvement in the implementation of this Contract or for amendments thereto; provided, however, that no such suggestion or amendment shall be binding upon either party until reduced to writing and duly signed by the parties hereto. The membership of said committee, and the time and place of said meetings, shall be determined by the Municipality with reasonable notice to the Sheriff. VII. DISBURSEMENT OF FUNDS All funds disbursed by the County or the Municipality pursuant to this Contract shall be disbursed by each entity pursuant to the method provided by law. VIII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request by either party. IX. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full- time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Contract on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. X. INDEMNIFICATION The Municipality and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses, or damages, injuries or sickness resulting -4- from the acts or omissions of their respective officers, agents, or employees, relating to the activities conducted by either party under this Contract. XI. TERMINATION This Contract may be terminated by either party at any time with or without cause upon not less than one hundred eighty (180) days written notice delivered by mail or in person to the other party. Notices delivered by mail shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to services rendered prior to such notice of termination. XII. NOTICE For purposes of delivering any notices hereunder, notice shall be effective if delivered to the Anoka County Sheriff, 325 East Main Street, Anoka, Minnesota 55303, on behalf of the County; and the City Administrator of the City of Andover, 1685 Crosstown Boulevard Northwest, Anoka, Minnesota 55304, on behalf of the Municipality. XIII. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Contract supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous contract presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by the parties herein. - 5- IN WITNESS WHEREOF, the Municipality, by its governing body has caused this Contract to be signed by its Mayor and attested by its Clerk, and the County of Anoka, by resolution of the County Board of Commissioners, has caused this Contract to be signed by the County Sheriff, Chairman of the County Board of Commissioners, and attested by the County Administrator, all on the day and year first above written. COUNTY OF ANOKA CITY OF ANDOVER By: By: Dennis D., Chair County Board of ,Commissioners Its: Dated: Dated: ATTEST By: By: Terry L. Johnson County Administrator Its: Dated: Dated: By: Bruce Andersohn Sheriff Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: dk\contract\2009\andover -lec-2007 -0335. doc - 6- C I T Y o F (j) 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 FROM: Jim Dickinson, City Administrator SUBJECT: Approve Donations for 2009 Senior Class All Night Parties DATE: December 2, 2008 INTRODUCTION The City is starting to receive requests from the Senior All Night Party Donation Committees for a City donation to help fund activities in support of a High School Senior All Night Party. DISCUSSION For 2008 the City Council approved donations of $2.00 per student who are graduating that are Andover residents to all requesting senior class parties. The question is whether or not the City Council wants to proceed with that direction again in 2009. The donation amount would be used to assist each association to hold the All Night Party, with funds being used for foods, events and other miscellaneous items that celebrate the accomplishments of the graduating senior class. The City Council, pursuant to the Public Purpose Expenditure Policy adopted by the Council provides for such a donation. The All Night Party's primary goal is to provide a safe atmosphere for graduating seniors by keeping them off the road and in a supervised environment. Parents coordinate and supervise the "party" and volunteer their time to the event. BUDGET IMPACT Funding for a donation is available through the City's Charitable Gambling Fund. Estimate of the total donation to all requesting schools in 2009 would be $1,200. ACTION REQUESTED Approve donations of $2.00 per student who are graduating that are Andover residents to all requesting senior class parties in 2009. "-- (j) 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: Will Neumeister, Community Development Director td- SUBJECT: Approve Time Extension/Preliminary Plat of "Parks ide at Andover Station" -- Planning DATE: December 2, 2008 INTRODUCTION The City Council is asked to approve a time extension for the preliminary plat of the project known as "Parkside at Andover Station". DISCUSSION The developer, Bruggeman Homes, has requested approval of the preliminary plat of the development for a period of time that would be four years from the initial date of approval. The original approval was May 16, 2006. They have cited a substantial downturn in local and national housing markets as the reason to request this time extension. ACTION REQUESTED The Council is asked to approve the time extension of the preliminary plat (as requested by the developer) subject to the conditions listed in the attached resolution. Respectfully submitted, w~ Will Neumeister Attachments Resolution Letter from Bruggeman Homes CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO A RESOLUTION APPROVING A TIME EXTENSION FOR THE PRELIMINARY PLAT OF "PARKS IDE AT ANDOVER STATION" WHEREAS, the developer, Bruggeman Homes has requested a time extension to allow them to complete the development without repeating the review process a second time; and WHEREAS, the City Council had approved the preliminary plat ofthe project known as "Parkside at Andover Station" on May 16, 2006; and WHEREAS, the plat is still in conformance to the current city code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the requested four year time extension of the preliminary plat of "Parkside at Andover Station", subject to the following: 1. The four years commences from the date of the previous preliminary plat approval. 2. Approval is contingent upon completion of all required conditions of the original preliminary plat approval. Adopted by the City Council of the City of Andover this 2nd day of December, 2008. CITY OF ANDOVER ATTEST: Jim Dickinson, City Clerk Michael R. Gamache, Mayor &. "~ AABRUGGEMAN PROPERTIES Ii+. B u i I din 9 Com m u nit i e s Sin eel 9 5 9 November 24, 2008 Mr. Will Neumeister City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 RE: Parks ide at Andover Station Preliminary Plat and PUD Dear Mr. Neumeister, Bruggeman Properties, LLC hereby respectfully requests an extension of time for the preliminary plat with PUD for Parkside at Andover Station. Approval of the preliminary plat with PUD was adopted by the Andover City Council on May 16, 2006 as Resolution R067-06 and R068-06. Although a portion of the project has been final platted, completion has been delayed due to the substantial downturn in the local and national housing markets. Because of the continuing uncertainty in the housing market we request an extension of four years from the original approval date. Please contact me if you have any questions. Thank you. Sincerely, w.L(J 3564 ROLLING VIEW DRIVE. WHITE BEAR LAKE. MINNESOTA 55110 . 651-770-2981 . FAX 651-770-9273 9\NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works I City Engineer~D FROM: Jason J. Law, Asst. City Engineer SUBJECT: Order Feasibility Report I 09-02 I 2009 Street Reconstruction - Engineering DATE: December 2, 2008 INTRODUCTION The City Council is requested to order the preparation of a feasibility report for Project 09-02, 2009 Street Reconstruction. DISCUSSION Identified in the City's proposed 2009-2013 Capital Improvement Plan is reconstruction of the north half of the Woodland Meadows development as shown on the attached map. When reconstructing streets, the City's policy is to replace existing bituminous curb with concrete curb and gutter, reclaim the existing bituminous surface, construct storm sewer improvements as necessary, and pave a new bituminous surface. This has been a very effective reconstruction method since the City began the process back in 1996. An informational meeting was held with the residents on November 10th to discuss the project and provide preliminary information. Attached are comments received at that meeting and a sign-in sheet. BUDGET IMP ACT The street reconstruction project would be funded from the City's Road & Bridge Fund and 25% of the total project costs would be assessed to the benefiting properties as identified in the City's Roadway Reconstruction Assessment Policy. ACTION REQUIRED The City Council is requested to approve the resolution ordering preparation of a feasibility report for Project 09-02, 2009 Street Reconstruction. RespeCif#Ubnrittoo, fJ::1~ I ~ son J. Law Attachments: Resolution, Location Map, Informational Meeting Sign-In Sheet, Resident Comments CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 09-02.2009 STREET RECONSTRUCTION. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically Project 09-02.2009 Street Reconstruction; and WHEREAS, the City Council proposes to assess the benefiting properties for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Director of Public Works I City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 2nd day of December , 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 9\NDbVE~ Capital Improvement Plan Proj ct Nam : ANNUAL MILLAND OVERLAY (2009) WOODLAND MEADOWS - NORTH HALF I -./ \ n I--- t' 7 .~ -. . J[ IIITTIt I Iii ,~~_. t!'tLytl,R...,' ... .. J. ~~} ~ U ~"-~ A : ;J~' H" ["'" _ ~ ,~I C. ........ -Y~ CI Iliilll!iil V ~ N Location Map w.' LEGEND e/~ ~~ ",z "l)} (II Project Location t~" VIUi :"1 f-. s ~n "R jL' - ,1 Q Lots/Parcels I"J ~ ').. -' :,.,. ) t" ''1 I fVb= Park ,!t" -P= ~ 0 385 770 1,540 ~ Ii':l~ ~ I ~ 1b ~ Water . . ~ k h~ ');B nUr Feet Right of Way ~ '1: "IlIl\)!, ~ 0 City Limits ~ lr-,,\ '; :E I W ............... cJ"- '- l/) \\.-. '~ -- - 0 & -- 0 ~ rh. % ..... 10 '--' Ni "-.. , , 10 l N ( !'i\ 10 I' Z N ~ ~ rJ"! '^ ~ "'i' M E \ "'- <0 Z !::- C) ci. 1J") f'< ~ , ~ M . en 0 ~ \ \ t I VU) - CO? ~ ~ 0::> C) N .. CI) M N) ~ t'J\ M . 0 CD C IOZ Z I 0 J.~ ~ '~ r- 10:2 i= Q) I o~E .c ~ <( . w C. f-O:: . .. OUJ W c..c . U)> :E . 1:: C- UJO 000 ?s zO ...J - CO? ~.~ ZZ <C C z .. -<( O-LD :2....; Z t;~- ~ .() 0 C) 0:: . UJS i= ~OCO 1..,,0 >S <C 1iinsO -i? >0 gs :E CCI)N j Z · 0::: O:E 0' -~ .... <(M 0 ~,,- ~ \' ~Q . N .... m u.. O:::CI.. ~ '00 z _.!!!,g ~ S' - ~z .10 CI) " E ZIO C I' eOCl) O~ 0 _0> r O::M 0 ens: 0 <:) <(<0 >!::- J: Q) Z - ~ ...,:, ~>< 0::: o ~ ~ ::><( 0 o >.. '- ou.. m N ns tn ~ ~ ~ CO J: " tn " C e ~ ~ Z C) 0 - s :E " ~ ~ 0 w " f- Z <C w U) S U) 0 V\ 0:: () .) 10 --...S 00 '-J- <0 ..... CI) E ns z ... COMMENT SHEET 2009 Street Reconstruction (C.P. 09-02) Woodland Meadows (North %) Monday, November 10, 2008 I 5:30 p.m. - 6:30 p.m. INFORMATIONAL MEETING Name: V/~/((- [);Jfl/~!5 Address: 17ti,:J3 (if) I a Yl d er St. A.J () Phone: 7 f,,3-- 253-- '5 b ? '7 E-Mail: 1/ I cia VI Z e t 5 fH-lJuU" a sf; (}(:t Check the following boxes if you have an underground sprinkler system or electric fence. D Existing Underground Sprinkler System D Existing Underground Electric Fence ~j 1 'A ~ ~ ~ ~" / ~ ~JJ ~ ~11~ P/ft~~Yv 4, AH&4.iP ~.u- JJw-/~ kuL V ~l~JI ~ ~~){J 1h M.-rK- .p ~M~ &1J-W _ Tf -ur H:\Engineering\City Pr,ojects\Open City Projects\09-02 2009 Street Reconstruction\Word Documents\Correspondance\Residents\COMMENT SHEET. doc CITY OF NDOVE COMMENT SHEET 2009 Street Reconstruction (C.P. 09-02) Woodland Meadows (North Y2) Monday, November 10, 2008 I 5:30 p.m. - 6:30 p.m. INFORMATIONAL MEETING Name: Lori & Joel Determan Address: 2258 175th Lane NW, Andover, MN 55304 Phone: 763-753-4547 E-Mail: JLDETE@AOL.COM Check the following boxes if you have an underground sprinkler system or electric fence. X Existino Underoround Sprinkler System 0 Existing Underground Electric Fence Comments: Since the proposed assessment is one of the laraer special assessments the City of Andover has had to levy would it be possible to extend the repayment period for the total amount beyond the normal period of 8 years? A sinale special assessment of approximately $6,000 is a tremendous burden over an 8 year period in the present economy. We are both public employees in Minnesota school districts and have experienced recent waae increases below the CPI cost of Iivina increases. We have two children in colleae and are feelina financially drained with the increases in interest on student loans and the lack of financial assistance available to middle income families. C:\Documents and Settings\JLaw\Local Settings\Temporary Internet Files\Content.Outlook\5SFT67VB\COMMENT SHEET (2).doc 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: Will Neumeister, Community Development Director tdL SUBJECT: . Public Hearing: Amend Zoning Code/Add Subordinate Classroom Structures-- Planning DATE: December 2, 2008 INTRODUCTION The Council approved a time extension for Andover Christian Church's portable classrooms on August 19,2008. Staffwas 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 was reviewed and discussed 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. DISCUSSION The Council gave further direction at the November 18,2008 meeting. Attached to this report is the new code language that Council directed be changed to make "subordinate temporary classrooms" a conditional use when associated with a church in all residential zoning districts. The Council also discussed allowing them as a permitted use when connected with a licensed K-12 school. ACTION REQUIRED The City Council is requested to hold a public hearing to discuss the proposed Zoning Code Amendment. If the Council accepts the distinction as noted above, please adopt the proposed language into the Zoning Code. Respectfully submitted~ Will Neumeister W< Attachments: Proposed Zoning Code Amendment Public Hearing Notice Minutes of Council Meeting (Sept. 16, 2008) Minutes of Council Meeting (November 18, 2008) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE - AMENDING CITY CODE TITLE 12 TO ESTABLISH A DEFINITION OF SUBORDINATE CLASSROOM STRUCTURES AND ESTABLISH WHEN THEY ARE CONDITIONAL OR PERMITTED USES 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 shall define "Subordinate Classroom Structures" and differentiate between when they are associated with a church from when they are associated with a licensed K-12 school 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): 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 show "Subordinate Classroom Structures" as a permitted use when located on a licensed K-12 school property in all residential zoning districts. Also amend the table to show "Subordinate Classroom Structures" as a conditional use when located on a property where there is a church as the principal use on the property 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 2nd day of December, 2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Jim Dickinson, City Clerk -2--- NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA The City Council ofthe City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, December 2,2008 at Andover City Hall, 1685 Crosstown Blvd NW, Andover, Minnesota. The purpose of the public hearing is to discuss changes to the Zoning Code to add a definition for "Subordinate Classroom Structures" and determine whether they should be conditional or permitted uses in the city's residential zoning districts. All written and verbal comments will be received at that time and location. A copy of the proposed changes will be available for review prior to the meeting at City Hall. Please contact Will Neumeister, Community Development Director, with any questions at (763) 767-5140. ~~_.~ Will Neumeister, Community Development Director Publication date: November 21,2008 --':5"/ Regular Andover City Council Meeting Minutes - September 16, 2008 Page 6 M Tom Washion, Clocktower Wine and Spirits, thought by putting an intersection on both sides is more a ealing for potential businesses to come into that area. He thought this would also bring business in ser to Hanson and Crosstown. He did not think a right-in/right-out would work and three quarters at inimum would be better. Ms. Hailey Rider, 9201 G nd Lane, Maple Grove, Working Manager of Great Clips, stated a lot of her clients have asked if the e going to put in an access there. She thought if this were to be approved and put into place it woul efinitely 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. Councilmember Orttel thought the monument . n approved in the PUD would help because it would list all the businesses names. He thought thi as supposed to be displayed awhile ago. Mr. Jeff Smith, 2813 Silver Lane, St. Anthony, the new owne fMcDonalds for the past two weeks stated he did not know if traffic is bad or not but they are busier t he thought they would be. He stated he actually closed a McDonalds in Champlin because oftraffic. sues. He stated a lot people do not know McDonalds is there. He noted the 50MPH hurts them also ause traffic goes by so fast. Mayor Gamache thought any additional access would be better for business and i 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, 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 -~-' Regular Andove.r 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 definitions 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 ifthere is something in the State Code that refers to portable classrooms and the regulation of them. 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. 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 Council member 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 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 of them at the end or eight years or unless approved by the -..5- 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 thought at 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. Councilmember Trude asked if staff could do more research on these to find 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 definition 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 definition by the City Attorney is ok. He thought staff needed to look at the issue on page 5, under Item E adding "Building 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 -.b--- 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 acce~sory 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 still like 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. 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. -+ Council directed staff to comeback at a future meeting with more definitive language. ~OVE BOND SALE - $630,000 G.O. EQUIPMENT CERTIFICATES, SERIES 2008A The Andov City Council is requested to approve the sale of $630,000 General Obligation Equipment Cert ates, Series 2008A to provide financing for equipment purchases that were approved as part of t 008 City of Andover Operating Budget and 2008-2012 Capital Improvement (CIP) Proce Motion by Knight, Seconded by Ja son, to approve the attached Resolution providing for the Issuance and Sale of$630,000 General 0 . ation Equipment Certificates, Series 200A and levying a Tax for the Payment Thereof. Motion carrie nanimously. (RES. R073-08) SCHEDULE EDA MEETING The Council is requested to schedule an EDA meeting at 6:00 p.m. befo Council meeting. Motion by Trude, Seconded by Jacobson, schedule an EDA meeting on October 7, 2008 Motion carried unanimously. -7-- Regular Andover City Council Meeting Minutes - November 18, 2008 - Page 2 1 2 vember 5, 2008, Regular Meeting: Correct as amended. 3 4 ember Trude stated on page three, line six they were talking about the recount and what she 5 had said as what she had seen was a hand recount of all the ballots and then it should end with a 6 period. So one else had talked about the ballots being fed into a machine so she wanted it deleted. 7 8 Councilmember rude stated on page four, line 21, the PIN for the sprinkler house should have 9 "PIN" all caps bec se it stands for "Property Identification Number". 10 11 Motion by Trude, SecolI ed by Jacobson, approval of Minutes as indicated above. Motion carried 12 unanimously. 13 14 15 CONSENT ITEMS 16 17 Item 2 Approval of Claims 18 Item 3 Approve 2009 Tri-City G Contract 19 Item 4 Approve Surplus Equipment ales 20 Item 5 Accept Donation of Trees/Russ chmeiche1 (See Resolution R085-08) 21 Item 6 Approve Raffle Permit Applicatio enefit for the Family of Natash a Waalen 22 Item 7 Approve Health Insurance Renewal d Employer Contribution 23 Item 8 Approve LMCIT Liability Coverage 24 Item 9 Approve Personnel Policy Change 25 Item 10 Consider Closing City Offices the Day after hristmas 26 Item lOa Approve Assessment Roll/Improvement Proje 08-25 (See Resolution R086-08) 27 Item lOb Approve Change Order Number One, Extension Substantial Completion Date, 28 07-48, Tower Number 2. (See Resolution R087-08 29 Item 10c Acknowledgement of Resignation of Chris Vrchota, ~ ociate Planner 30 31 Motion by Jacobson, Seconded by Orttel, approval of the Consent Agenda 32 unanimously. 33 34 35 RECEIVEANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPOR 36 37 Captain Tom Wells, Anoka County Sheriffs D~partment, provided an update on law enfo 38 activities occurring within Andover. 39 40 41 PUBLIC HEARING: AMEND ZONING CODE/ADD SUBORDINATE CLASSROOM 42 STRUCTURES 43 44 Mr. Neumeister stated the Council discussed and approved a time extension for Andover Christian -8..... Regular Andover City Council Meeting Minutes - November 18, 2008 Page 3 1 Church's portable classrooms on August 19, 2008. Staff was directed to study the issue of how the 2 code allows these and if the code needed to be changed to make it clearer on how they are treated. 3 That information was reviewed and discussed at length at the September 16, 2008 Council meeting. 4 No conclusion was reached that evening and the following week staffmet with the City Attomeyto 5 put together a new recommendation on what needed changing. 6 7 Mr. Neumeister reviewed the information with the Council. 8 9 Councilmember Trude asked ifthey put the classrooms on a permitted use do they forgo the public 10 hearing. Mr. Neumeister stated there would not be a conditional use permit needed. 11 12 Councilmember Trude stated she would like to keep the public hearing for these types of structures 13 and wondered if others felt the same way. 14 15 Councilmember Orttel stated they are currently permitted by CUP and this takes it out of that and 16 where he had problems with it in regard to the Conditional Use was the timing. He did not have a 17 problem with the neighbors giving their comments on where they are placed. 18 19 Councilmember Orttel stated another issue he has is making sure they meet all State Codes and are 20 regularly inspected for fire safety. Councilmember Jacobson stated he talked with Mr. Dickinson 21 about that earlier and was told it was covered under Building and Fire Codes. 22 23 Councilmember Jacobson stated the high school was able to put in temporary structures without 24 authorization because they are a. school so the new language is allowing placement of temporary 25 structures in school settings to be permitted. 26 27 Councilmember Trude stated she would still like to have a public hearing because she thought it is 28 helpful for the Council to be involved in the decision. She stated it has been brought to her attention 29 that the structures can last longer than they are supposed to if maintained well. That was the 30 question she was asking when they talked about this because once they are up they are permanently 31 there and do they have a public safety issue or not. Councilmember Jacobson stated inspections are 32 covered under another area in the fire code so they could go in and inspect them when needed. 33 34 Fire Chief Dan Winkel stated there would be fire and life safety issues they would look at. They 35 would not be as involved if there was remodeling because then it would be both building and fire 36 codes that would have to be met. He stated generally they would be looking at exiting, fire lanes, the 37 alarm systems, making sure they are sprinkled properly and tested regularly. 38 39 Councilmember Trude asked if there were issues with the air conditioning or heating systems that 40 created air quality issues that would not be a fire safety issue. Fire Chief Winkel stated that would 41 not be but if they are aware of that as they do their inspection they would pass it on to the Building 42 Department. 43 44 Councilmember Jacobson asked if they wanted to take the word "Church" out of the ordinance they --Cj .- Regular Andover City Council Meeting Minutes - November 18, 2008 Page 4 1 have before them. That would allow temporary classrooms at schools or churches that have schools. 2 If they have a church that does not have a school, they would still need to come in for a CUP. 3 Councilmember Orttel thought they could put that in the next sentence. "Churches without a school 4 would be subject to a Conditional Use Permit (CUP) related to the location in the site plan." 5 6 Councilmember Jacobson indicated that if it was not a permitted use they would still have to come in 7 for a CUP. 8 9 The Council discussed with staff and the City Attorney the wording in the ordinance regarding 10 churches. 11 12 Councilmember Trude felt that the concerns of the neighborhood would be addressed if they kept the 13 public hearing. She thought schools generally have more acres and are not as close to residential 14 homes. 15 16 City Attorney Baumgartner thought the definition of the school was taken care of by acknowledging 17 the principal use and recognizing the subordinate use. When they talk about the principal use, the 18 principal use of that land is either a church or school. That is why they have chosen the subordinate 19 use for the temporary structure, getting away from the temporary. That by and of itself further limits 20 where the structure can be placed. It has to be either on land that is primarily used for a school or 21 land that is primarily used for a church so they can get away from the possibility of commercial and 22 home schooling situations. 23 24 Councilmember Jacobson thought that was the question. The land that is primarily used for a church 25 and not used fora school of any sort, they want to have public input. Councilmember Orttel asked 26 what about a licensed daycare school, can they have subordinate classroom structures. The Council 27 did not know but did not think that was the intent. 28 29 Motion by Trude, Seconded by Orttel, to open the public hearing. Motion carried unanimously. 30 31 No one wished to address the Council. 32 33 Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. 34 35 Motion by Ortte!, Seconded by Jacobson, to send this item back to staff to rewrite and exclude 36 church from the permitted use so they require a Conditional Use Permit for a subordinate structure. 37 Motion carried unanimously. 38 39 Councilmember Trude asked the issue with the time line, should they let this go to fire safety and not 40 have these showing up every three to five years. Councilmember Orttel stated that was what he was 41 thinking. 42 43 Councilmember Trude stated she still had a problem with Fire Code Regulations and inspections. 44 She thought there is still some confusion about whether the Building Department has any role at all. -JCJ -- Regular Andover City Council Meeting Minutes - November 18, 2008 Page 5 1 She thought they had enough regulation and have a couple of different ways of addressing things if 2 they come up. Fire Chief Winkel indicated they try to inspect the sites every other year. 3 4 Councilmember Trude wondered if they are going to get rid of time limits. Councilmember 5 J aco bson stated if the changes are made and a note sent out by the City indicating the change would 6 be sufficient. Councilmember Trude asked ifthere will still be a timeline if still under the CUP. 7 Councilmember Jacobson stated if the building were still under a CUP nothing would change and 8 there would still be timelines and public hearings. Mayor Gamache agreed. 9 10 Councilmember Trude thought the issue is how often the Council wanted the buildings looked at and 11 reviewed. She wondered if they should review them every five years. Councilmember Orttel 12 wondered why they needed to do anything if they have a thirty-year life span. Councilmember 13 Jacobson stated they could review them every five or ten years if they wanted. They could put a time 14 limit on it when the CUP is issued. 15 16 The Council discussed with staff possible time lines for buildings under Conditional Use Permits. 17 18 Councilmember Orttel rescinded his motion. Councilmember Jacobson seconded. 19 20 Councilmember Orttel thought they should take out the word "or church structure" from the 21 ordinance. Councilmember Jacobson thought they should only take out the words "or church". 22 Councilmember Orttel thought if they changed the second sentence to read "or church structure as 23 the principal use for the purposes of either licensed K-12 classroom instruction or office use 24 associated with the principal use." Councilmember Trude thought that would only apply to schools 25 that are Monday through Friday only. 26 27 Councilmember Jacobson thought some schools only had K-8 so the wording would not work. 28 Councilmember Trude indicated she had a problem with that because any ofthe local churches that 29 did not want to have a time limit placed on them could indicate they were doing kindergarten. 30 Councilmember Jacobson thought this should go back to staff for changes. 31 32 The Council reviewed the wording in the ordinance and decided to have staff make changes before 33 approval. 34 35 Motion by Jacobson, Seconded by Orttel, to send this item back to staff and the City Attorney for 36 rewording of the ordinance. 37 38 Councilmember Orttel thought the original goal of this was to treat public schools and church 39 schools the same but churches that have classrooms for their bible school or for their regular church 40 classes would have to come and get a CUP. The Council agreed. 41 42 City Attorney Baumgartner reviewed the changes the Council discussed and wanted changed in the 43 ordinance. 44 Motion carried unanimously. -./)/ C0 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 Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director FROM: Chris Vrchota, Associate Planner (JAV SUBJECT: Consider Conditional Use Permit/Institutional SignlRiverdale Assembly of God/321 0 Bunker Lake Blvd.- Planning DATE: December 2, 2008 INTRODUCTION Riverdale Assembly of God Church is requesting a Conditional Use Permit to allow institutional signage in a residential district with an aggregate square footage exceeding thirty-two (32) square feet. DISCUSSION As outlined in the attached letter, the applicant would like to remove all existing signage for both the church and the school located on the property, and replace it with one 96-square foot LED sign. The sign features a variable brightness control that allow for the intensity of the lighting to be controlled, or even turned off if necessary. This, combined with the distance the sign will be set back from the property lines, should help to address concerns about light from the sign impacting adjacent properties. A condition has been included in the resolution requiring that the brightness of the sign be adjusted if the City receives complaints about it being too bright. Applicable Ordinances Chapter 12-15-9-A of the Andover City Code allows the following with a Conditional Use Permit: 4. Institutional signs in residential districts with an aggregate square footage exceeding thirty- . two (32) square feet and/or more than one sign per lot frontage, provided: a. The sign is located ten feet (10') from any property line. b. The aggregate square footage of sign space shall not exceed one hundred (100) square feet. c. The sign shall be of the following styles: combination, freestanding, or wall. d. The sign shall be located at least one hundred thirty feet (130') from any residential structure. Applicable Ordinances Chapter 12-5-6 B of the Andover City Code provides the following criteria for the issuance of a Conditional Use Permit: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare ofthe community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the comprehensive plan, the City Council may grant such permits. Comparison of Proposal to Applicable Ordinances The proposed sign would meet the setback and height requirements set in the City Code. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed Conditional Use Permit. Attachments Resolution Location Map Site Plan Sign Layout Letter from the Applicant Letters from Residents 11.13.08 Planning Commission Meeting Minutes ACTION REQUESTED The City Council is asked to approve or deny the proposed Conditional Use Permit. Respectfully Submitted, ~#~ Chris V rchota Cc: Signs By RSG, Attn: Spencer Blackwelder, 6080 Hwy. 10, Ramsey, MN 55303 -z- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO- A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF RIVERDALE ASSEMBLY OF GOD CHURCH FOR PROPERTY LOCATED AT 3210 BUNKER LAKE BOULEVARD. NW, (PIN 32-32-24-41-0002) LEGALLY DESCRIBED AS: The east 495 feet, as measured along the north and south lines, of the northeast 1/4 of the southeast 1/4 of section 32, township 32 range 24, except roads, subject to easements of record. WHEREAS, Riverdale Assembly of God Church has requested a Conditional Use Permit for institutional signage in a residential district with an aggregate square footage exceeding thirty-two (32) square feet and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request mee~s the criteria of City Code; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for institutional signage in a residential district with a maximum aggregate square footage of one-hundred (100) square feet on said property with the following condition: 1. 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"- " 0 .. .. -.. a: I-k._ft. --' ill t5 - M~ ill ~ ~o ~ ~N~U - ~o~ci 0 fll-:!CI! Ul 0 .0:: ~p)e;>- P)Ul~llI ~~~~ ~ .. (0 - ld~~lI! z.. :I:~ Oxo:> :c<~:> c.. LL."' ~ " ~ J "J?/: -6- 763-753-7571 A Family Irade Since 1915 Pind out what otIJen bave kuown for IIlnzo& 100 Yf"US! Lighud Sips - Vehid.ei - Wall Signs - Digiiallmaging Ramsey, MN \le'H Sign Anything ! www.slgnsbyrsg.com 10-06-08 City Council and Residents of Andover, Thank you for taking the time to review the plans submitted for a change in signage at the Riverdale Assembly of God. On behalf of the Riverdale Assembly of God we are requesting a conditional use permit for a single sign on the property. Our proposal is to remove all existing signs for the church as well as the academy and replace them with one double sided sign. This sign would be located in the center of the property and set back 10 feet from the property line as the code permits. We are seeking your approval on allowing this sign to be 100sqft in size. (see attached) This property is very large and the building is set about 330ft back from the street. This property is also recessed below the street level. The frontage is 495ft wide. We feel that due to the size of property and the distance this sign will be from neighboring home, that we will not be intruding on anyones comfort. We also feel that the additional distance from the main thoroughfare additionally inhibits the ability for potential members and students to easily and safely locate the church. With the additional size, we believe that people trying to locate us will be able to safely make driving decisions that will get them to the property. . To recap our request, we believe that due to the property distance from the thoroughfare, the building being set back far from the road, and the recessed grade, that a single larger sign would help all involved. Also, since the property is so large, and the proposed location to be centered on the frontage, that it would not negatively impact any of the neighbors. Thank You very much for your consideration on this matter. We look forward to our involvement in the community as a valued resident. spencer blackwelder 6080 Hwy 10, Ramsey, MN 55303 -763.753.7571-fax: 763.753.0102 -www.signsbyrsg.com -'1- f rrr-t c.-- . ~ v- I . 1-'" N (!)V: ~ ClO~ - D....~ ~- -- <W_ Jt.) . ----"" P Pr1 {, ?-.... (/ f- ;)- j/,q.q ti.. <) ,W.t/Ol/5 /11M " ( tOYC1/vVVlJ 3J:~.\ Ij 1 't'n en It uJ tt f\ d OVt.4C m I1J :; ).-/ I] \t-" 3~t/B /3P 3~~ IS'7't-l.J . .ow v~v^e.i'-JmAJ .5-5 ~ _,0< _ City of Andover Planning and Zoning Commission Regarding November 13th. Meeting about conditional use permit 08-10 I feel the sign proposed on Bunker Lake Blvd. will make the already dangerous intersection even more dangerous. The traffic is so heavy coming off Marigold and there are so many cars going at fairly high speeds that accidents will surely happen. Please make the Riverdale Assembly of God adhere to our city sign ordinances with no conditional use permit allowed. Respectfully, Larry and Mary Lauer 3328 139th. Ln. NW Resident of Andover for 35 years -/<1- " Chris Vrchota From: Brian Fanger [brian@cimgraphics.com] Sent: Wednesday, November 05, 2008 1 :20 PM To: Chris Vrchota Subject: future signage concern Sir, In reference to the church named Riverdale Assembly of God 3210 Bunker lake Blvd Andover, MN that wants to put a larger and possible illuminated sign across form 3251 137th ave nw. I am strongly opposed against such action as this would create light pollution and a visual nuisance for the residents of Woodland Creek Townhomes. Jerome Fanger Woodland Creek Townhome association. -Y.f- ) l~ 0~ C/ g=) RECEIVED ~~ NOV 7 2008 CITY OF ANDOVER ~;P~ cY ~/;O /-;4lr L dd~~0--~~ , cf~ ~ 01 t,;~~ ~ ~~/" iLtl~/~~ 0~12- -/Z. - PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 13, 2008 T Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was calle o order by Acting Chairperson Kirchoff on November 13, 2008, 7:00 p.m., at the Andover 'ty Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Acting Chairperson Kirchoff, Commissioners Michael Casey, Dennis Cleveland, Douglas Falk, Valerie Holthus, and Devon Walton. Commissioners absent: Also present: City Planne , Courtney Bednarz Associate Plann Chris V rchota Others APPROVAL OF MINUTES. August 26, 2008. Motion by Casey, seconded by Walton, to approve the minutes as presente carried on a 6-ayes, O-nays, I-absent (Daninger) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT (08-10) ALLOWING INSTITUTIONAL SIGNAGE EXCEEDING 32 SQUARE FEET FOR RIVERDALE ASSEMBLY OF GOD CHURCH AT 3210 BUNKER LAKE BOULEVARD NW. Mr. Vrchota explained the applicant is requesting a Conditional Use Permit to allow institutional signage in a residential district with an aggregate square footage exceeding 32 square feet. He stated the applicant would like to remove all existing signs for both the church and the school and replace it with one 96 square foot LED sign; the sign features a variable brightness control that allows for the intensity of the lighting to be controlled or turned off if necessary. He added a condition has been included in the resolution requiring that the brightness of the sign be adjusted if the City receives complaints about it being too bright. He noted the proposed sign meets the setback and height requirements contained in the City Code. Motion by Walton, seconded by Cleveland, to open the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. -/.f~ Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 2 ( John Peterson, Woodland Creek townhome development, stated he has a petition signed by 21 residents in the development in opposition to this type of sign. He explained they are not opposed to the sign itself, but rather, a large flashing sign because it will create a distraction in the neighborhood as well as a distraction to drivers traveling on Bunker Lake Boulevard. He expressed concern about the difficulty drivers face in making a left hand turn onto Bunker Lake Boulevard and felt the proposed sign will create an additional hazard to drivers. He then presented the petition to Mr. Vrchota for the record. Acting Chairperson Kirchoff noted for the record that one additional letter was received from a resident at 3328 138th Lane who has indicated they are not in favor of the sign. Tom Conneran, 15138 Yellow Pine Street, stated he was in favor of the sign and added he believes it is important for the City and the community to support good organizations like this church. He added he knows Spencer Blackwelder, owner of Signs by RSG, and Mr. Blackwelder is a well-respected business owner and Mr. Blackwelder will work with the City and the church to provide a good sign that will enhance the community, the neighborhood of the church, and provide the needed identification for the location of the church. Erling Jacobson, 3210 13ih Lane, stated he objects to the sign and the letter that was sent by the City about the sign because the letter only stated that the proposed sign will be a larger sign and did not indicate the sign would be a flashing sign. He felt there would be a lot more residents here tonight if the letter had stated the proposed sign was going to be a reader board. He agreed with Mr. Peterson's comment that this is a dangerous intersection and the proposed sign will create a distraction to drivers. Brad Johnson, 13655 Marigold Street, stated the existing entrance to the church is in his back yard and asked which way the proposed sign will face and where the sign will be located. Mr. Vrchota presented a map showing the location of the proposed sign, which is in the vicinity of the existing school sign, and added the sign will face east-west directionally, or perpendicular from Bunker Lake Boulevard. Tim Atkinson, a deacon at Riverdale Assembly of God, stated the church has been addressing options for signage for a number of years and noted the existing signs are 30 years old and in need of repair and updating. He stated the church's intention is to be a good neighbor and offer community announcements, e.g., reminding residents to check their smoke alarm batteries, voting information, information regarding blood drives, information regarding events in the City, etc., so the sign will benefit the entire community. Spencer Blackwelder, owner of Signs by RSG, stated he has been working with the church and one of their goals is to make sure the residents of Andover are aware of what ::-/ v-- Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 3 is proposed with respect to the sign. He explained the church is set so far back on the property that a lot of people do not know the church is there; in addition, the frontage road inhibits people's ability to see the church from Bunker Lake Boulevard. He stated the concerns raised by residents are important and explained that the proposed sign is not a flashing sign but rather, a variable message sign that has the ability to change in increments set by the church and/or the City so it will not distract drivers. He noted there are similar signs currently existing in the City, e.g., Meadow Creek Church, Meadow Creek School, as well as the City Hall sign. He stated the church wants to remove the existing signs and replace it with this one in order to reduce the clutter and have a more attractive sign that will be 200+ feet away from the nearest neighbor. He then presented information regarding the size of the sign including pictorial depictions of the sign. He further explained that the brightness of the sign is controlled and will be at peak power during the day to overcome ambient light; the brightness can also be programmed to dim at a different rate based on any recommendations from the City. He noted the sign is not designed to be overpowering or distracting. Mr. Blackwelder further stated there was a study conducted that found no correlation between an increase in traffic accidents and the use of variable message signs; the study also found that inadequate signage can actually promote accidents because people are making driving decisions after they have passed a business due to inadequate signage. H~ added the sign will be perpendicular to Bunker Lake Boulevard and the pitch of the LEDs is 140 degrees, which means if you are across the street from the sign, you will not notice the sign and will only see some light on the ground from the sign itself. He reiterated the church's goal is to put together a well designed, easy to read, and attractive community board with the brightness controlled. Commissioner Cleveland asked if it is the church's intention that the top part of the sign which identifies the church will not change and the variable message will be contained on the bottom. Mr. Blackwelder replied in the affirmative. Commissioner Walton asked about the luminescence of the Meadow Creek sign. Mr. Blackwelder explained the Meadow Creek sign is a more fluorescent type of sign with smaller scrolling messages in the center with some flashing. He indicated his experience indicates the fluorescent portion is brighter than what is being proposed by the church. Commissioner Walton asked if there is any way to test a sign like this on a temporary basis to see what the public feedback might be and/or to determine any visual impact. Mr. Blackwelder replied he would not be able to corne up with the same exact model and noted a good test is to view signs already in place throughout the Twin Cities area. -~- Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 4 Commissioner Walton asked if a smaller version of the sign is available. Mr. Blackwelder replied in the affirmative, adding that smaller does not necessarily mean better since it would inhibit people's ability to see the sign and the church wants people to easily see their sign without having to interrupt their driving pattern. He explained that the sign's brightness can be set in the software program either by timed intervals or by darkness intervals. He added for every inch of height in lettering, you need 30 feet of distance and the church is interested in having a sign that people can easily see and read in a short interval of time. Mr. Peterson reiterated his concern about the difficulty drivers face turning left from Marigold onto Bunker Lake Boulevard and stated he has seen a lot of people turn right, go down to the traffic light, and turn around because the traffic is so bad. He felt the proposed sign would create a distraction for drivers. He added it would be nice to have a stoplight at this intersection. Mr. Blackwelder stated it is important to understand that at anyone time, the sign will contain a static message for a set amount of time and the church wants to make sure that no distractions are created by the sign. He indicated the message changing can be controlled automatically through predetermined programming set within the software so that the sign does not change in the course of someone driving by. He stated that a flashing sign simulates animation which is not what is proposed here. Commissioner Walton asked if it is possible to separate the sign so only the top half is lit. Mr. Blackwelder replied in the affirmative and stated they have done that in other churches of a similar nature. Commissioner Holthus asked if the City r.equires a conditional use permit for an LED SIgn. Mr. Vrchota replied the conditional use permit is only for the size ofthe sign. Commissioner Holthus asked if each of the applicable ordinance requirements had been met in this case. Mr. Vrchota replied in the affirmative. Motion by Walton, seconded by Casey, to close the public hearing. Motion carried on a 6-ayes,0-nays, I-absent (Daninger) vote. Commissioner Cleveland stated he thought the proposed sign looks nice and was in favor of the proposal. -/6- Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 5 Commissioner Walton stated if the City finds itself in a position of needing to address message boards, he would be in favor of having the business name lit across the top and having the bottom portion of the sign dark. He suggested giving consideration to having slower message changes during busy traffic times to allow for less distraction. He stated he also liked the idea of testing the sign and expressed concern regarding aesthetics. Commissioner Holthus reminded the commission that electronic signs are permitted by the sign ordinance. The commissions' review is of the size of the sign and then stated she had no problem with the sign and felt the lot was large enough to accommodate the new SIgn. Commissioner Falk concurred and encouraged residents to contact City staff if they have concerns after placement of the sign. Motion by Falk, seconded by Casey, to recommend to the City Council approval of Conditional Use Permit (08-10) allowing institutional signage exceeding 32 square feet for Riverdale Assembly of God Church at 3210 Bunker Lake Boulevard NW. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Mr. Vrchota stated that this item would be before the Council at the December 2, 2008 City Council meeting. p LIC HEARING: CITY CODE AMENDMENT TO CORRECT LOW FLOOR ELE ION REQUIREMENTS OF CITY CODE 9-3-3. Mr. V rchota st d when the Subdivision Ordinance was updated in 2007 to bring the City Code requirem ts into synch with the Water Resource Management Plan, the lowest floor separation the 100-year flood elevation for new lots was raised from one foot to two feet. He not the requirement in the Building Regulations section for existing lots was not changed at t time and this amendment will make the requirements consistent across the City. Commissioner Holthus asked if there have bee Mr. Vrchota replied there have not yet been any floodin 'ssues. He added that comments received by the Coon Creek Watershed District in . cate that the water table is currently low, but given the types of soil in the City, the water ta has the potential to rebound quickly and this amendment creates more of a cushion shou at happen. Motion by Cleveland, seconded by Casey, to open the public hearing at 8:05 p. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. There was no public input. -17- ~NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ...-/ TO: Mayor and Councilmembers /' CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director uJ", FROM: Chris Vrchota, Associate PlannerlYlV SUBJECT: Consider Code Amendment/Correct Low Floor Elevation Requirements/City Code 9-3- 3 - Planning DATE: December 2, 2008 INTRODUCTION When the Subdivision Ordinance was updated in 2007, the lowest floor separation from the lOa-year flood elevation for new lots was raised from one foot to two feet. The requirement in the Building Regulations section for existing lots was not changed at that time. This amendment will make the requirements the same across the City. DISCUSSION The section that was changed in 2007 dealt with lots that were being newly platted. This change was done so that the City Code requirements matched those of the Water Resource Management Plan, which was adopted in 2005. The additional foot was added to create a cushion in cases where properties are improperly graded or when grades on properties are changed in the future. Both of these can have an impact on the lOa-year flood elevation and could lead to flooding. The section being addressed by this change deals with existing lots. There are a small number of existing lots in the City that were platted prior to the change in the subdivision ordinance that have not been built on and could be impacted by this change, though the exact number of these lots is not known. In these cases, there are two possible solutions. One solution would be to bring in fill to achieve the required elevation. As noted in the Code, the second option would be for the builder to hire a geotechnical engineer to prepare a study showing that a separation of less than three feet from the seasonal high water mark would suffice. This report would need to be approved by the City Council. Staff Recommendation The Engineering staff recommended this change. Staff recommends approval of the proposed change. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed code amendment. Attachments Resolution City Code 9-3-3 Memo from Director of Public Works/City Engineer 11.13.08 Planning Commission Meeting Minutes ACTION REOUESTED The City Council is asked to approve or deny the proposed code amendment. Respectfully submitted, ~M~ Chris Vrchota Associate Planner -- 2-- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. - AN ORDINANCE AMENDING CITY CODE SECTION 9-3-3 OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code Section 9-3-3 of the City of Andover is hereby amended as follows: (Bold and underlinine; represents words to be added. Strike out represents words to be removed. ) 3. Basements And Low Floors: Basement or low floor elevation shall be a minimum of three feet (3 ') above the seasonal high water mark or one foot (I ') two feet (2 ') above the designated or designed I DO-year flood elevation, whichever is higher, unless evidence is submitted and certified by a geotechnical engineer hired by the. city at the expense of the developer and approval by the City Council that a separation of less than three feet (3 ') can be achieved and is warranted. Adopted by the City Council of the City of Andover on this _ day of ,2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk -3- r CHAPTER 3 MINIMUM ELEVATIONS AND STANDARDS FOR BUILDING AND DRIVEWAY CONSTRUCTION SECTION: 9-3-1: Scope And Purpose 9-3-2: Definitions 9-3-3: Elevations And Slopes 9-3-4: Driveways 9-3-5: Culverts 9-3-6: Violation; Penalties 9-3-1: SCOPE AND PURPOSE: All buildings and driveways constructed in the city shall meet or exceed the minimum standards established by this chapter. The purpose of the minimum standards imposed by this chapter is to ensure that proper drainage is maintained and to prevent public liabilities being caused inadvertently. (Ord. 204, 3-4-1997) 9-3-2: DEFINITIONS: For the purpose of this chapter, the meanings of certain words and terms shall be as defined in the Minnesota State Building Code as adopted by the city 1 . (Ord. 204, 3- 4-1997) 9-3-3: ELEVATIONS AND SLOPES: A. Standards: 1. Front Of Building: The minimum grade at the front of any building constructed on any lot within the city will not be less than one and one-half feet (11/2') above the elevation of the street directly in front of the building. 2. Garages And Driveways: a. The elevation of all garage floors shall be above grade at the vehicular access door. The garage floor shall be a minimum of eighteen inches (18") above the finished centerline street elevation. b. All driveways shall slope downward from the garage for a distance of fifty feet (50'). All driveways shall slope upward for a distance of fifty feet (50') from the shoulder or curb of the street. The slope of all driveways shall not be less than one percent (1 %) nor more than eight percent (8%) overall rise. The driveway slope for the first eight feet (8') from the curb to the house shall not exceed a two percent (2%) rise. 3. Basements And Low Floors: Basement or low floor elevation shall be a minimum of three feet (3') above the seasonal high water mark or one foot (1' above the designated or designed 100- <- year flood elevation, whichever is higher, un ess eVI ence is submitted and certified by a geotechnical engineer hired by the city at the expense of the developer and approval by the City Council that a separation of less than three feet (3 ') can be achieved and is warranted. -r- , ,.. , B. Variances: If construction plans are submitted in sufficient detail to substantiate that proper drainage can be maintained at lesser elevations, the City Building Official may, in his or her discretion, vary the terms of this section. C. Appeals: Any party aggrieved by a decision of the Building Official shall have the right to appeal said decision to the City Council. (Ord. 204, 3-4-1997) -- .5-"'- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ",.",OUNDU", . TO: Courtney Bednarz, City Planner FROM: David Berkowitz, Director of Public Works/City Engineer'J>D3 DATE: November 13, 2008 REFERENCE: 2 foot low floor separation from the 100 yr. flood elevations for wetlands, ponds, lakes, creeks and ditches The following reasons are why the City went to a 2 foot elevation separation from the 100 year flood elevation: 1. It provides an additional factor of safety for the structure. There are cases where residents fill ponds and change the original design conditions of the storm water pond and/or system. The City does the best we can to prevent such actions and we deal with violators if we become aware of this type of action. The ponds also silt in over time which can change the 100 year flood elevation, which again the extra safe guard protects the homeowner. 2. Builder and homeowners have made changes after the home is built and grading has been approved that can affect flood elevations. Examples are retaining wall, landscape and other things that the City is not aware of. We have implemented a retaining wall permit process which should reduce this from occurring. 3. The Local Government Agencies (Coon Creek Watershed District and the Lower Rum River WMO) that are responsible for water resources also have the 2 foot requirement for all new structures that are built. The CCWD has provided additional comments: 1. Known Problems: Really no known problems that are the result of being at 1 foot. The issue with one foot is that under "Normal Conditions" it is terribly close to the upper limit of the natural fluctuation of surficial groundwater. While groundwater is down and may continue to fall in the foreseeable future, in a system like the Anoka Sand Plain, groundwater could come back as quickly as it has fallen. We are managing for the long run 2. Variances for Additions or new low floors (basements) to existing structures: I think this would be fair, but should be accompanied by a caution, and if the addition is within 20 to 30 feet of a pond, it might be prudent to calculate Darcy's Law (Basic Equation of Groundwater flow). ~~- Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 5 issioner Walton stated if the City finds itself in a position of needing to address messa boards, he would be in favor of having the business name lit across the top and having the ttom portion of the sign dark. He suggested giving consideration to having slower message anges during busy traffic times to allow for less distraction. He stated he also liked the id of testing the sign and expressed concern regarding aesthetics. Commissioner Holthus rem ed the commission that electronic signs are permitted by the sign ordinance. The commI . ons' review is of the size of the sign and then stated she had no problem with the sign and fe he lot was large enough to accommodate the new SIgn. Commissioner Falk concurred and encouraged r . dents to contact City staff if they have concerns after placement of the sign. Motion by Falk, seconded by Casey, to recommend to the CI Council approval of Conditional Use Permit (08-10) allowing institutional signage ex ding 32 square feet for Riverdale Assembly of God Church at 3210 Bunker Lake Boulev carried on a 6-ayes, O-nays, I-absent (Daninger) vote. Mr. Vrchota stated that this item would be before the Council at the December 2, City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CORRECT LOW FLOOR ELEVATION REQUIREMENTS OF CITY CODE 9-3-3. Mr. Vrchota stated when the Subdivision Ordinance was updated in 2007 to bring the City Code requirements into synch with the Water Resource Management Plan, the lowest floor separation from the 100-year flood elevation for new lots was raised from one foot to two feet. He noted the requirement in the Building Regulations section for existing lots was not changed at that time and this amendment will make the requirements consistent across the City. Commissioner Holthus asked if there have been any issues with flooding. Mr. Vrchota replied there have not yet been any flooding issues. He added that comments received by the Coon Creek Watershed District indicate that the water table is currently low, but given the types of soil in the City, the water table has the potential to rebound quickly and this amendment creates more of a cushion should that happen. Motion by Cleveland, seconded by Casey, to open the public hearing at 8:05 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. There was no public input. -7- Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 6 Motion by Cleveland, seconded by Casey, to close the public hearing at 8:05 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Daninger) vote. Motion by Falk, seconded by Casey, to recommend approval of a City Code Amendment to correct low floor elevation requirements of City Code 9-3-3. Motion carried on a 6- ayes, a-nays, I-absent (Daninger) vote. Mr. Vrchota stated that this item would be before the Council at the December 2,2008 City Council meeting. 7JLIC HEARING: CITY CODE AMENDMENT TO CONSIDER EFFECT OF SI: 'E STATUTE CHANGES TO CHAPTER 347 DOGS AND CATS ON CITY COD -1. Mr. Bedna explained the State has made some changes in Chapter 347 of the statute, primarily dea' g with dangerous dogs, dogs declared to be dangerous, requirements for the owners of th e dogs, the criteria under which a dog may be seized, and the procedure for seizure. He stat the City Code is not up to date and should conform to the statute. He then reviewed the hanges made in the statute and recently adopted by the State, and noted that some of the s tions of the statute are to be adopted by reference, explaining that state statutes are enfor able whether printed in the City Code or not. He indicated if the City ever needs to seize a angerous dog/cat, the City Attorney would be involved and the sections of statute woul be cited in any enforcement letter or orders from the City. He stated this section could e included in the City Code if desired by the Planning Commission and City Council; howe er, staff recommends this information be covered by reference to the state statute as it is e forceable under the statute. Commissioner Casey requested clarification garding the definition used by the state for a dangerous dog or cat. Mr. Bednarz presented the definition of a dangerous og or cat and stated the behavior of the animal is used to determine whether it is dangerou uch as an incident where the animal has attacked and not been provoked. He added it not based on breed of the animal. Commissioner Walton asked about the definition of provocation together with the definition of dangerous. Mr. Bednarz stated this criteria is contained in a section of the Code that' in the process of being changed. He recited the section of the Code pertaining to dangero cats. Motion by Falk, seconded by Casey, to open the public hearing at 8:17 p.m. carried on a 6-ayes, a-nays, I-absent (Daninger) vote. -y~ @ 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 City Council Members CC: Jim Dickinson, City Administrator FROM: Will Neumeister, Community Development Director v.J.J.-,. SUBJECT: Consider Code Amendment/State Statute 347/Dangerous Dogs & Cats/City Code 5-IA-11-Plng. DATE: December 2, 2008 INTRODUCTION The City Attorney sent staff the attached information and it was briefly discussed with the City Council at the workshop on September 23, 2008. Direction was given to bring this forward to a public hearing to discuss the new language adopted by the State Statute Chapter 347 (changes related to Dangerous Dogs) to bring the code up to date to conform with the statute. DISCUSSION The Planning Commission held a public hearing and discussed adoption of some of the new language by reference. The State Statutes are enforceable whether they are reprinted in the City Code or adopted by reference. These referenced sections cover seizure, disposition of seized dogs/cats, restrictions on ownership, penalties, and destruction of dangerous dogs/cats. If the City ever needs to seize a dangerous dog/cat, the appropriate sections of statute would be cited in any enforcement letter or orders from the City. The Planning Commission unanimously recommended approval of the code change. The Statute changes should be reviewed (line by line) as there are small changes proposed throughout the Chapter 347 language. Notice for instance that the surety bond is to be changed from $50,000 to $300,000 for anyone who has a "dangerous dog". There are quite a few changes related to changing "may" to "shall". ACTION REQUESTED The City Council is requested to review the Public Hearing record and the State Statute (Chapter 347) and determine if changes should be made to City Code 5-1 to be consistent with the State Statute related to dangerous dogs. If the Council chooses to adopt the proposed Code change, the Council will also need to set an annual fee for registering a dangerous dog/cat (not to exceed $500), and also adopt the Summary Ordinance to be published that briefly describes the change and sets the fees. Respectfully submitt:t- Will Neumeister ~ Attachments: . Proposed Amendment to City Code 5-1 (with potential changes noted) . . Summary Ordinance . Highlighted Changes to Minnesota Session Laws 2008 (related to State Statutes 347.54 - 347.565) . Minutes of Planning Commission Public Hearing (November 13,2008) CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE - AMENDING CITY CODE TITLE 5-1A-ll TO CHANGE THE DANGEROUS DOG CODE AND SET ANNUAL FEES TO REGISTER A DANGEROUS DOG/CAT WHEREAS, a public hearing was held before the Planning and Zoning Commission, and; WHEREAS, the City Council reviewed the proposed code change; and WHEREAS, the City Council has determined that the current code language is out of date and should be modified to follow the State Statute Section 347 and establish an annual fee to register a dangerous dog/cat. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANDOVER, DOES HEREBY ORDAIN AS FOLLOWS: The annual fee to register a dangerous dog/cat shall be set at $_. City Code 5-1, is hereby amended as follows (underlining indicates new language and strikeouts indicate language to be removed): Definitions (Title 5) PROVOCATION: An act that an adult could reasonably expect may cause a d02 to attack or bite. 5-lA-ll: DANGEROUS AND POTENTIALLY DANGEROUS DOGS AND CATS: 4. No person may own a dangerous dog/cat in the city unless the owner complies with this section. The animal control authority of thecitv may char2e the owner an annual fee. in addition to any re2Ular d02/cat licensin2 fees. to obtain a certificate of re2istration for a dan2erous d02/cat under this section. Compliance with the registration requirement of Minnesota Statutes Section 317.51 shall constitute compliance '.vith this article. A dan2erous do2lcat re2istered under this section must have a standardized. easily identifiable ta2 identifvin2 the do2lcat as dan2erous and containin2 the uniform dan2erous d02 symbol. affixed to the d02/cat's collar at all times. The owner of the dangerous dog/cat must comply with the followin2 provisions and present sufficient evidence of compliance with them that: ,? -L- a. A proper enclosure exists for the dangerous dog/cat and a posting on the premises with a clearly visible warning sign that there is a dan2erous doe:lcat on the propertv, including a warning symbol to inform children that there is a dangerous do~-cat on the property. b. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable by the city in the sum of at least tifty three hundred thousand dollars ($50,000.00) ($300.000) payable to any person injured by the dangerous dog/cat, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least tifty three hundred thousand dollars ($50,000.00) ($300.000), insuring the owner of any personal injuries inflicted by the dangerous dog/cat. +he requirements for the viurning sign or ':..:arning symbol shall be those as set forth in Minnesota Statutes Section 347.51. (Amended Ord. 233, 11-4- 1997).. c. The owner has paid an annual fee. in addition to any re2ular dOIDcat licensin2 fees. to obtain a certificate of re2istration from the city for a dan2erous dOIDcat. d. The owner has had microchip identification implanted in the dan2erous d02/cat as required under Minnesota Statutes Section 347.515. ~ e. The owner of a dangerous dog/cat shall keep the dangerous dog/cat, while on the owner's property, in a proper enclosure. Ifthe dog/cat is outside the proper enclosure, the dog/cat must be muzzled and restrained by a substantial chain or leash and under the physical restraint of an responsible individual. The muzzle must be made in a manner that will prevent the dog/cat from biting any person or animal but that will not cause injury to the dog/cat or interfere with its vision or respiration. €h f:. The animal control authority for the city shall immediately seize any dangerous dog/cat if: 1) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the dog/cat is not validly registered as set forth herein; 2) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the owner does not secure the proper liability insurance or surety coverage as applied by this article; 3) the dog/cat is not maintained in the proper enclosure; ef 4) the dog/cat is outside the proper enclosure and not under physical restraint of an responsible individual~ the d02 is not sterilized within 30 days. pursuant to city code section 5- lA-II A 4. i.. If the owner of a dOIDcat is convicted of a crime for which the dOIDcat was ori2inallv seized. the court may order that the dOIDcat be confiscated and destroyed in a proper and humane manner. and that the owner pay the costs incurred in confiscatin2. confinin2. and destrovin2 the dOIDcat. , -5--- e:. If the animal control authority for the city issues a certificate of ree:istration to the owner of a dane:erous doe:lcat pursuant to section 5- lA-ll a. 4.. the animal control authority requires postine: ofthe owner's property with a warnine: symbol to inform children that there is a dane:erous doe:lcat on the property. The warnine: symbol must be the uniform symbol provided by the commissioner of public safety. The animal control authority for the city may chare:e the ree:istrant a reasonable fee to cover its administrative costs and the cost of the warnine: symbol. h. An owner of a dane:erous doe:lcat must renew the ree:istration of he dane:erous doe:/cat annually until the doe:lcat is deceased. If the doe:/cat is removed from the city. it must be ree:istered as a dane:erous doe:/cat in its new iurisdiction. i. An owner of a dane:erous doe:lcat must notify the animal control authority of the city in writine: of the death of the doe:lcat or its transfer to a new location where the doe:lcat will reside within 30 days of the death or transfer. and must. if requested by the animal control authority. execute an affidavit under oath settine: forth either the circumstances of the doe:lcat's death or disposition or the complete name. address. and telephone number of the person to whom the doe:/cat has been transferred or the address where the doe:lcat has been relocated. i. The animal control authority of the city shall require a dane:erous doe:/cat to be sterilized at the owner's expense. If the owner does not have the animal sterilized within 30 days. the animal control authority may seize the doe:/cat and have it sterilized at the owner's expense. k. A person who owns a dane:erous doe:lcat and who rents property from another where the doe:lcat will reside must disclose to the property owner prior to enterine: the lease ae:reement and at the time of any lease renewal that the person owns a dane:erous d02lcat that will reside at the property. I. A person who transfers ownership of a dane:erous doe:lcat must notify the new owner that the animal control authority has identified the doe:/cat as dane:erous. The current owner must also notify the animal control authority in writine: of the transfer of ownership and provide the animal control authority with the new owner's name. address. and telephone number. 5. All provisions of Minnesota State Statute Sections 347.54. 347.541. 347.542. 347.55.347.56. and 347.565 are hereby adopted into this Code by reference. These particular sections deal with seizure. disposition of seized animals. _tj.J/ restrictions on d02 owners hiD. Denalties. and destruction of d02S in certain circumstances. ~. ~The following are exceptions to the dangerous dog/cat classification: a. The provisions of this section do not apply to dangerous dogs/cats used by law enforcement officials for official work. b. Dogs/cats may not be declared dangerous ifthe threat, injury, or damage was sustained by a person: 1) who was committing a willful trespass or other tort upon the premises occupied by the owner of the dog/cat; 2) who was provoking, tormenting, abusing or assaulting the dog/cat or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog/cat; or 3) who was committing or attempting to commit a crime. 6: L..Nothing in this chapter, nor the enactment of any other procedures herein enumerated, shall be deemed to limit, alter, or impair the right of the city or any person to seek enforcement through criminal prosecution of any violation of this article, and the fact the city may be pursuing classification of a dog/cat under this article shall prevent or prohibit the prosecution at the same time of an owner of a dog/cat for violation of this chapter under facts arising from the same occurrence as that which generated classification procedures. The classification procedures shall be in addition to, and not in place of, criminal prosecution under other portions of this chapter or other ordinances. (Amended Ord. 233, 11-4-1997) All other sections of the City Code shall remain as written and adopted by the City Council ofthe City of Andover. Adopted by the City Council of the City of Andover on this 2nd day of December, 2008. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Jim Dickinson, City Clerk -s-- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. - SUMMARY AN ORDINANCE AMENDING CODE SECTION 5-1A-ll (DANGEROUS DOGS) STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy Section 5-1 of Andover City Code contains language that is being amended to conform to State Statute 347 and the changes the State Legislature made to that Statute in May of 2008. The Code changes follow the Statute and require owners of dangerous dogs/cats to follow special regulations. The City Council also established an annual fee to register the dangerous dogs/cats. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this Ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 2nd day of December, 2008. ATTEST: CITY OF ANDOVER Jim Dickinson, City Clerk Michael R. Gamache, Mayor --6- Sec. 2. Minnesota Statutes2006, section 347.50, is amended by adding a subdivision to read: Subd. 8. Provocation. IlProvocation" means an act that an adult could reasonably expect may cause a dog to attack or bite. Sec. 3. Minnesota Statutes 2006, section 347.51, subdivision 2, is amended to read; Subd. 2. Registration. An animal control authority shall issue a certificate of registration to the owner of a dangerous ~og if the owner presents sufficient evidence that: (1) a proper enclosure exists for the dangerous dog and a posting on the premises with a clearly visible warning sign that there is a darigerous dog on the property, including a warning symbol to inform children; ~ kIe is a ~C...OU3 dog DB. th~ p...opcrty; (2) a surety bond issued by a surety company authorized to conduct business ~ this state in a form acceptable to the ~nim~l control authority in the sum of at least $50,000 $300.000. payable to any person injured by the dangerous dog, or a policy ofliability inSurance iss.ued by an insurance company authorized to conduct business in this state in the amount of at least &-~ $300.000. :in.surillg the owner for any personal injuries inflicted by the dangerous dog; I (3) the o~er has paid an annual fee of not more than $500, in addition to any _ . regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section; and . " . (4) the oWner has had microchip identification implanted in the dangerous dog as required under section 347.515. Sec. 4. :Minnesota Statutes 2006, section 347.51, subdivision 2a, is amended to read: Subd. 2a. Warning symbol. If ftV5'u'Ui;y an animal control authority issues a certificate .of registration to the owner of a dang~rous dog pursuant to subdivision 2, the OOlillty animal control authority must provide, for posting on the owner's propertY, a copy of a warning symbol to inform children that there is a dangerous d~g on the property. The t'1c3ig'B. 0;: th-e warning symbol must be the uniform II'acl :Spce-moo symbol provided by the commissioner of public safety, u.:fr~:;: c0fii5w1taac:;J. T,ifk ~ai C5B.-;:;:61p:;:eifcs,sleJDals. The comrillssioner shall provide the number of copies of the warning symbol requested by caeh e51lti-:Y the abimal control authority and shall charge the CG11fi7j animal control authority the actual cost of the warning symbols received. The CG1ltity animal control authority may charge the registrant a reasonable fee to cover its ad:i:ninistrative costs and the cost of the warning symbol. Sec. 5. Minnesota Statutes 2006, section 34751, subdivision 3, is amended to re"ad: Subd. 3. Fee. The COl.mtj animal control allilioritv" may charge the owner an annuaI. fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under tills section. Sec. 6. Minnesota Statutes 2006, section 347.51, subdivision 7, is amended to read: Subd. 7. Tag. A dangerous dog regtstered under till$ section IDlli!t have a . standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to the dog's collar at all times. The eBmm1.::ssio-:ac; .c ~tl ~ -'--- R lli.L' .:~ : ~ ~ I .c : ~ fta.H . ~ 5... 1'-;':;' C:3 C~J' a or eon;; ~1iGB. r arn:m. COB: 5 pW-re:B...D , s PJ:5-;:;' c hi- Me . fo... the GC31&l""'6f the ~. Sec. 7. :Minnesota Statutes 2006. section 347.51, subdivision 9, is amen~ed to read: Subd. 9. Contraded services. ~ An animal control authority may contract with another political subdivision. or other person to provide the services required under sections 347.50 to :3 1'7.54 347.565. Notwithstanding any contract entered into under this subdivision, all fees collected .under sections 347.50 to 347.54 shall be paid to the --1- Sec. 8. Minnesota Statutes 2006, section 347.52, is amended to read: 347.52 DANGEROUS DOGS; REQUIREJ.\IIENTS. (a) An owner ofadangerous dog shall keep the dog, while on the ovvner's prDperty, in a proper enclosure. If the dog is outside the proper enclosure, the dDg must be muzzled and restrained by a substantial cb.a.in,. or leash and under the physical restraint of a respDnsible person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. . (b) An owner of a dangerous dog must renew the registration of the dog annually' ru:itil the dog is decem:~d. If the dog is removed from the jurisc1lctio:i1, it must be registered as a dangerous dog ill its new jurisiliction. (c) An oWner of a dangerous dog must notify the animal control authority in writing Df the death Df the dog or its transfer to a new jurisdietion. location where the dog will reside within 30 days of the death or transfer, and must, if requested by the animal control authority, execute an affi~vitunder oath setting forth either the circumstances Dfthe dog's death and disposition or the complete name, address, and telephone number of the p~rson to whom the dog has been transferred or the address where the dog has been relocated. (d) An animal control authority m:a:y shall require a dangerous dog to be sterilized . at the owner's expense. If the owner does not have the animal sterilized within 30 days. the animal control authority may shall seize the dog and have tho ~ it sterilized at the owner's expense. , (e) A person who owns a dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that :the person owns a dangerous dog that will reside at the property. (f) A person who ~ transfers ownership of a dangerous dog must notify the pJI5ftfr3Cf" new ovvner that the animal control authori'tJ:has identified the dog as dfulgerous. The' ~ current owner must also notify the animal control authority in writing of the sate transfer of ownership and provide the aI\imal control ~uthqrity with the new owner's name, address, and telephone number. Sec. 9. Minnesota Statutes 2006, section 347.53, is amended to read: 347.53 POTENTIALLY DANGEROUS AND DANGEROUS DOGS. Any statutory or home rule charter city, or any county, may regulate potentially dangerous and dangerous dogs. Except as provided in section 347.51, subdivision 8 , nothing in sections 347.50 to.3-'I'7.5 ~ 347.565 limits any restrictions that the local jurisdictions' may place on owners of potentially dangerous or dangerous dogs. Sec. 10. Minnesota Statutes 2006, section 347.54, sub<;fivision 1, is amended to read: Subdivision 1. Seizure. (a) The animal control authority having jurisdiction shall immediat~ly seize any dangerous dog if: (1) after 14 days after the. owner has notice that the dog is dangerous, the dog is not validly registered under s~ction 347.51; (2) after 14 days after the owner has notice that the dog is dangerous, the owner does not secure the proper liability insurance or,surety coverage as required under section 347.51, s1.l.bdivision2; (3) the dog is not maintained in the proper enclosure; er (4) the dog is outside the proper enclosure and not under physical restraint of a responsible person as required under section 347.52: or (5) the dog is not sterilized within 30 days. pursuant to section 347.52. paragraph Cd). (b) If an owner of a dog is convicted of a crime for which the dog was originally seized., the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscatii:tg, confining, and destroying the dog. -- g --- misdemeanor for violating a provision of section 347.51. 347.515. or 347.52, and the . ' person is charged with a subsequent violation relating to the same dog, the dog must be seized by the animal control authority having jurisdiction. If the owner is convicted of the crime for which the dog was seize~ the court shall order that the dog be destroyed in a proper and humane manner and the owner pay the cost of confining and destroying the animal. Uk p~i'~eB. is flOC 5a:a-;ietecl. efk ertfi'if;: fef -,'-;hire the clef; -.-;~ ~eiz~cl., the oVlae:f l"ftflY redffim. the oog apOfi Pl;l)''ffi.e......t to i:B:e ~a! eORkf!1 au.tfla:city af a fee for the eMe flficl b5~ afk d6g. If the owner is not convicted and the dog is not reclaimed by the owner within seven days after the owner has been notified that the dog may be reclaime~ the dog may be disposed of as provided under section 35.71, subdivision 3; 8ftcl iile 6V.,71Wr is liable 15 the B:rl:ima! eofitrol au'liierity for the e63Es ineurrea in. e6~ i:mp6~, fi:i.'ld cli:5p63mg 6ftlie oog. Sec. 12. [347.541] DISPOSmON OF SEIZED ANIMALS. Subdivision 1. Hearing. The owner of any dog declared dangerous has the right to a hearing by an impartial hearing officer. Subd. 2. Security. A person claiming an interest in a seiZed dog may prevent disposition of the dog by posting security in an amount sufficient to provide for the dog's actual cost of care and keeping. The security muSt be posted within seven days of the sdzure inclusive of the date of the seizure. Subd. 3. Notice. The authority declaring the dog dangerous shall give notice of this section by delivering or mailing it to the owner of the dog. or by posting a coPY of it at the place where the' dog is kept. or by delivering it to a person residing on the property. and telephoning. if possible. The notice must include: (1) a description of the seized dog: the authority for and purpose of the dangerous dog declaration and seizure: the time. place. and circumstances under which the .dog was declared .dangerous: and the telephone number and contact person where the dog is kept: (2) a statement that the owner of the dog may request a hearing concerning the dangerous dog declaration and.. if applicable. prior potentially dangerous dog declarations for the dog. and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing under this section: (3) a statement that if an appeal request is made within 14 days of the ~otice. the . owner must immediately comply with the requirements of section 347.52.. paragraphs (a) and ( c ). and until such time as the hearing officer issues an opinion: (4) a statement that if the hearing officer affirms the dangerous dog declaration.. the owner will have 14 days from receipt of that decision to comply with all other requirements of sections 347.51. 347.515. and 347.52: (5) a form to request a hearing under this subdivision: and (6) a statement that all actual costs of the care. keeping. and disposition of the dog are the responsibility of the person claiming an interest in the dog. except to the extent that a court or hearing' officer finds that the seizure or impoundment was not substantially justified by law. Subd. 4. Right to heanng.. Any hearing must be held within 14 days of the request to determine the validity of the dangerous dog declaration. The hearing officer must be an impartial employee of the local government or an impartial person retained by the local government to conduct the hearing. In the event that the dangerous dog declaration is upheld by the hearing officer. actual expenses of the hearing up to a maximum. of $1.000 -; Cf~ ~ will be the responsibility of the dog's owner. The hearing officer shall issue a decision on the matter Within ten days after the hearing. The decision must be delivered to the dog's owner by hand delivery or registered mail as soon as practical and a coPY must be provided to the animal control authority. Sec. 13. [347.542] RESTRICTIONS. Subdivision 1. Dog ownership prohibited. Ex~ept as provided in subdivision 3. no person may own a dog if the person has: (1) been convicted of a third or subsequent violation of section 347.51. 347.515. or 347.52: (2) been convicted ofa violation under section 609.205. clause (4): (3) been convicted of a gross misdemeanor under section 609.226. subdivision 1: (4) been convicted of a violation under~ection 609.226. subdivision 2: or (5) had.a dog ordered destroyed under section 347.56 and been convicted of one or more violationS of section 347.51. 346.515. 347.52. or 609.226. subdivision 2. Subd. 2. Household members. If any member of a household is prohibited from owning a dog in subdivision 1. unless specifically approved with or without restrictions by an animal control authority. no person in the household is permitted to own a dog. Subd. 3. Dog ownership prohibition review. Beginning three years after a conviction under subdivision 1 that prohibits a person from owning a dog. and annually thereafter. the person may request that the animal control authority review the prohibition. The animal control authority may consider such facts as the seriousness of the violation or violationS that led to the prohibition. any criminal convictions. or other facts that the animal control authority deems appropriate. The animal control authority may rescind the prohibition entirely or rescind it with limitations. The animal control authority also may establish conditions a person must meet before the prohibition is rescinded.. including. but not limited to. successfully completing dog training or dog handling courses. If the animal control authority rescinds a person's prohibition .and the person subsequently fails to comply with any limitations imposed by the animal control authority or the person is convicted of any animal violation involving unprovoked bites or dog attacks. the animal control authority may permanently prohibit the person from owning a .dog in this state. Sec. 14. Minnesota Statutes 2006, section 347.55,.is amended to read: 347.55 PENALTY. (a) :A:fly A person who violates ftHj" a provision of section 347.51. 347.515. or 347.52 is guilty' of a misdemeanor. (b) It is a misdemeanor to remove a microchip from a dangerous or potentially dangerous dog, to fail to renew the registration of a dangerous dog, to fail to" account for a dangerous dog's death or rom.5Val from the jrIIiscl:ie1:le:B. change oflocation where the dog will reside, to sign a false affidavit with respect to a dangerous dog's death or rem5";al fr.am. the jlli-i361eti5fi change of loc~tion where the dog will reside. or to fail to disclose ownership of a dangerous dog to a property owner from whom the person rents property. ( c) A person who is convicted of a second or subseauent violation of paragraph (a) or (b) is guilty of a gross misdemeanor. (d) An owner who violates section 347.542. subdivision 1. is guilty of a gross misdemeanor. ( e) Any household mem~er who knowingly violates section 347.542. subdivision 2. .. -~k - is guilty of a gross misdemeanor. Sec. 15. Minnesota Statutes 2006, section 347.56, is amended to read: 347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES. Subdivision 1. Circumstances. Notwithstanding sections 347.51 to 347.55, a dog thttt ifrBiewa JliB:ffim-a.al or grelifB5clftJ hmm 6ft fl. ft1'ID:1Bft bciftt; 6ft pliBlic or pri-;lite. pi?6fJEl:"'t)" -.-.itht:rat pr6VaeliUOB. may be ae~troyea ifi Ii pT5pcr afl.a ft~~e :EB.Elfi:fl.eI by the liftima:l eaB.trol a""J.i:B:Mi'l:y. The ~Bl c5:atrol authority may net aeffi:ray the del; tmtil the dag o"~-..'ftef hti3:Bfta k oppertl.mfty fm: a hesr:m:g before fl'I'i Lpartia:l aeei3io:a mBlref. may be destroyed in a proper and humane manner by the arrimal control authority if the dog: (l) inflicted substantial Dr great bodily harm on a human on pub1,ic or private property without provocation~ (2) inflicted multiple bites on a human on public or private property without provocation: (3) bit multiple human victims on public or private property in the same attack without provocation~ or (4) bit a human on public or private property without provocation in an attack where more than one dog participated in the attack. Subd. 2. Heari:D.g. The animal control authority may not destroy the dog until the dog owner has had the opportunity for a hearing before an impartial decision maker. The definitions in section 347.50 and the exemptions under section 347.51, subdivision 5 , apply to this section. Sec. 16. [347.565] APPLICABILITY. Sections 347.50 to 347.56 must be enforced by animal control authorities or law enforcement agencies. whethe~ or not these sections have been adopted into local ordinance. Presented to the governor May 12, 2008 Signed by the governor May 15, 2008, 2:50 p.m. ---.1/ -- Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 6 Mo. by Cleveland, seconded by Casey, to close the public hearing at 8:05 p.m. Motion carr n a 6-ayes, O-nays, I-absent (Daninger) vote. Motion by Falk, seconded sey, to recommend approval of a City Code Amendment to correct low floor elevation require ts of City Code 9-3-3. Motion carried on a 6- ayes, O-nays, I-absent (Daninger) vote. Mr. Vrchota stated that this item would be before the Counci City Council meeting. ~ PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER EFFECT OF STATE STATUTE CHANGES TO CHAPTER 347 DOGS AND CATS ON CITY CODE 5-l. Mr. Bednarz explained the State has made some changes in Chapter 347 of the statute, primarily dealing with dangerous dogs, dogs declared to be dangerous, requirements for the owners of those dogs, the criteria under which a dog may be seized, and the procedure for seizure. He stated the City Code is not up to date and should conform to the statute. He then reviewed the changes made in the statute and recently adopted by the State, and noted that some of the sections of the statute are to be adopted by reference, explaining that state statutes are enforceable whether printed in the City Code or not. He indicated if the City ever needs to seize a dangerous dog/cat, the City Attorney would be involved and the sections of statute would be cited in any enforcement letter or orders from the City. He stated this section could be included in the City Code if desired by the Planning Commission and City Council; however, staff recommends this information be covered by reference to the state statute as it is enforceable under the statute. Commissioner Casey requested clarification regarding the definition used by the state for a dangerous dog or cat. Mr. Bednarz presented the definition of a dangerous dog or cat and stated the behavior of the animal is used to determine whether it is dangerous such as an incident where the animal has attacked and not been provoked. He added it is not based on breed of the animal. Commissioner Walton asked about the definition of provocation and how that ties together with the definition of dangerous. Mr. Bednarz stated this criteria is contained in a section of the Code that is in the process of being changed. He recited the section of the Code pertaining to dangerous dogs and cats. Motion by Falk, seconded by Casey, to open the public hearing at 8: 17 p.m. Motion carried on a 6-ayes, O-nays, I-absent (Daninger) vote. -/1.."- Regular Andover Planning and Zoning Commission Meeting Minutes - November 13, 2008 Page 7 There was no public input. Motion by Holthus, seconded by Casey, to close the public hearing at 8:17 p.m. Motion carried on a 6-ayes, a-nays, I-absent (Daninger) vote. Motion by Walton, seconded by Cleveland, to recommend approval of a City Code Amendment to consider effect of State Statute changes to Chapter 347, Dogs and Cats on City Code 5-l. Motion carried on a 6-ayes, a-nays, I-absent (Daninger) vote. Mr. Bednarz stated that this item would be before the Council at the December 2,2008 City Council meeting. OL BUSINESS. ~ e Planning Commission on related items. ADJOURNMENT. Motion by Falk, seconded by Walton, to adjourn on a 6-ayes, a-nays, I-absent (Daninger) vote. Respectfully Submitted, Barbara Hughes, Recording Secretary TimeSaver Off Site Secretarial, Inc. -13-~ (1) 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 Billing Services Contract/Connexus Energy DATE: December 2, 2008 INTRODUCTION The current utility billing services contract for water, sewer, storm sewer and street lights is about to expire with Connexus Energy. Connexus Energy provides both monthly and quarterly billing services depending on the preference of the customer. This contract has been in effect since December 2000 and the fee for service has not changed since then. DISCUSSION Connexus Energy provides meter reading and billing services for the City of Andover based on a unit price. In order for this service to remain cost effective for Connexus Energy, rates need to be adjusted significantly to reflect the true cost of providing this service. This will be done over a three-year period and leveling to 3.5% increases after 2011. Upon the anniversary date, the contract will automatically renew for additional 12 month periods. BUDGET IMP ACT Using the existing number of customers, the estimated cost for the three years would be: 2009 - $96,026; 2010 - $115,764; and 2011 - $137,260 compared to 2008 for $59,964. Please keep in mind that while the increase is significant, the current contract has been in effect since December 2000 and the fee for service has not changed since then. City Staff has reviewed the proposal and the costs extensively and is recommending approval. This service is funded through the General Fund and Enterprise Funds. ACTION REQUESTED The Andover City Council is requested to approve the attached Connexus Energy Contract. Attachment - Connexus Energy Contract AGREEMENT This agreement is made on the 30th day of September, 2008 between CONNEXUS ENERGY (the "Service Provider''), with its principal place of business at 14601 Ramsey Boulevard, Ramsey, Minnesota 55303 and CITY OF ANDOVER (the "Subscriber"), with its principal place of business at 1685 Crosstown Blvd NW, Andover Minnesota 55304. RECITALS CONNEXUS ENERGY is a cooperative utility corporation furnishing electric service to its customers in a defined service territory established by the Minnesota Public Utilities Commission. Subscriber is a municipality providing water, sewer, and/or other services to its residents and desires to engage CONNEXUS ENERGY to perform certain billing services for utility services it provides to its residents. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows: 1. TERM. This agreement is effective as of January 1, 2008 and shall remain in effect for thirty six (36) months ("Initial Term''). Upon the anniversary date, the term of this agreement will automatically renew for an additional twelve (12) months ("Renewal Term'') unless earlier terminated as provided below. 2. TERMINATION. a) This agreement may be terminated by mutual written consent of the parties at any time. b) Either party may elect not to renew this Agreement by providing the other party at least sixty (60) days written notice of non-renewal prior to the end of the Initial Term or any Renewal Term, as the case may be. c) Either party may terminate this Agreement for the other party's failure to perform its obligations under this Agreement, provided that the other party has failed to cure any failures to perform its obligations after having received thirty (30) days written notice identifying a failure to perform. d) Immediately upon termination of this Agreement, each party shall promptly return to the other all data, programs, materials, and other properties of the other held by it in connection with the performance of this Agreement. 3. SERVICES. The Service Provider shall provide the Subscriber with the Billing Services selected on Schedule A, on a monthly basis. 3.1 The services for "Billing Statements" shall include: :~ a) Production of billing statements. [may be included with Connexus billing statement] b) Postage and mailing of the billing statements. [may be included with Connexus billing statement] c) Payment processing. d) Response to customer billing questions. e) Timely remittance to the Subscriber of revenues collected on behalf of the Subscriber. f) Assessing late payment fees to accounts with a past due balance, if requested. g) Does not include entry of historical data. 1 h) Reports outlined in paragraph 4 below. 3.2" "Collections" Service - If selected in Schedule A, the Service Provider shall include sending disconnect notices to customers who have a 60 day balance, responding to customer inquiries, calling customers who have not paid and establishing payment arrangements. The service does not include field visits to the property or actual disconnection of service. 3.3 "Meter Reading" Service - If selected in Schedule A: a) The Service Provider shall include remote meter reading for purposes of billing, new service, transfers, verification and investigation. The Service Provider shall not be required to provide meter reading service if there is danger to the meter reader or the meter or reading device is not accessible on the outside of the building. The Service Provider's meter readers shall not be required to enter a building. The Service Provider must receive a 24-hour notice to read a meter for a customer transfer~ b) The Subscriber shall maintain its remote meter. reading system in good working condition and will use its best efforts to repair any defective meter unit before the next meter reading cycle. If the Subscriber's remote meter reading system does not function satisfactorily or is improperly installed, the Service Provider will not be required to read the meter. For new installations, the Service Provider prefers that the remote pad be located near the electric meter. 4. REPORTS. As requested by the Subscriber, in conjunction with "Billing Statements" service the Service Provider will provide any of its standard reports as listed below on a timely basis. Any other reports or services requested by Subscriber may be considered as "special" and the cost of producing such special reports, services or requests will be subject to the "Additional Services" fee listed below. a) ACCOUNTS RECEIVABLE AGING REPORT. This report will be provided to the Subscriber monthly or quarterly depending on the billing period. This report will list all accounts by service address, and indicate current and delinquent balances for each service address. b) BALANCE REPORT. This report will be provided to the Subscriber as needed, but no more frequently than monthly. This report will provide billing and payment detail by service address by customer for the current billing period, including a summary by service codes billed in that monthly or quarterly billing period. c) Open Item Revenue Summary d) Payment Distribution e) Adjustment Balance Report f) Consumption Adjustment Report g) Balance Breakdown - Summary h) Balance Breakdown - Detail i) Aged Accounts j) Zero Usage k) No Reading List I) . Service Master List m) Reading Report n) Consumption Report (Spreadsheet) 5. FEES. The Subscriber shall pay the Service Provider fees based on the rates established for the Services as set forth in Schedule A of this Agreement. These fees shall be paid by Subscriber once a month within 10 days of invoice, and past due amounts shall bear interest at 12% per annum, or the highest rate permitted by law, whichever is less; in lieu of invoice CONNEXUS ENERGY is authorized to retain from the funds it collects from the Subscriber's customers an amount sufficient to pay the 2 fees and deduct such amount from the funds to be transferred on the 10th of each month as outlined in paragraph 6 below. Rates are subject to change in an extreme economic circumstance provided that the Service Provider shall inform Subscriber of any changes to the rates for the Billing Services at least ninety (90) days before such rates are effective. Rates for specific services are contained in Schedule A. a) Non-Member Postage - The Subscriber agrees to pay as an additional charge any increase in the cost of postage above the rates in effect on the date of the Agreement for billings sent to customers that are not CONNEXUS ENERGY members. b) Additional Services - The Subscriber agrees to pay an hourly rate of $125 per hour and any other direct costs for other additional services requested beyond those outlined in this Agreement. In the event that additional services are utilized, the Service Provider will provide the Subscriber a detailed invoice of charges. 6. REMITTANCE OF FUNDS RECEIVED BY CONNEXUS ENERGY. The Service Provider shall remit the funds it receives as a result of its billing services twice monthly on the 10th and the 25th. If the 10th or 25th falls on a weekend, the funds will be remitted on the next business day. Funds transmitted on the 10th will include remittance received from the 16th through the last day of the previous month (less fees outlined in paragraph 5 above). Funds transmitted on the 25th will include remittance received from the 1st through the 15th of the same month. The funds will be transmitted by Automated Clearing House (ACH), unless both parties mutually agree on another remittance arrangement. 7. EXCUSABLE DELAY; FORCE MAJEURE. Each party shall not be responsible for any loss, liability, delay or failure to perform its obligations hereunder, and any such delay or failure to perform by such party shall not be considered a breach, if such delay or failure is caused by occurrences or circumstances beyond the reasonable control of such party, including, but not limited to, acts of God, embargoes, governmental restrictions, strikes, riots, wars or other military action, civil disorder or sabotage, failure in communications networks, labor disputes, work stoppages, legal constraints, fires, power surges or failures, earthquakes, civil disturbances, acts or omissions of the United States Postal Servi<;e, or other events beyond the reasonable control of such party. 8. INDEPENDENT CONTRACTOR. The Service Provider is performing the Billing Services agreed to herein for the Subscriber as an independent contractor and nothing herein shall create any association, partnership, or joint venture with neither the Subscriber nor any employer/employee relationship. The Service Provider shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide the Billing Services described herein. 9. PERFORMANCE/LIMITATION OF LIABILITY/DAMAGES/WARRANTY DISCLAIMER. a) The Service Provider agrees that it will use its reasonable efforts to perform the services described in this agreement in accordance with the standards that it uses in performing these services for its own members. b) Excluding Subscriber's payment obligations, under no circumstances shall either party be liable for lost revenues, lost profits, loss of business, or consequential or special damages of any nature, whether or not foreseeable. c) Under no circumstances shall the Service Provider's (or any of its affiliates, officers, directors, employees or agents) liability exceed the fees actually paid by Subscriber under this Agreement. 3 d) EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SERVICE PROV1DER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. e) IN NO EVENT SHALL EITHER pARTY BE liABLE TO THE OTHER FOR ANY PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS), EVEN IF THE PARTY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS PARAGRAPH SHALL APPLY TO ALL CLAIMS OF EVERY NATURE, KIND AND DESCRIPTION WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT. f) Any action against either party under or related to this Agreement must be brought within twelve (12) months after the cause of action accrues. 10. TRANSFER OF RECORDS. Upon the expiration of the term of this Agreement, or sooner termination of this Agreement pursuant to paragraph 2 above, the Service Provider will make available to the Subscriber its records and data collected in the performance of this Agreement. If the contract is terminated because of a material breach by the Subscriber, the Subscriber will pay the cost of transferring records. If the contract is terminated for any other reason, records will be transferred at the Service Provider's expense. The records and data described herein shall be in a comma delimited format, unless there is another form that is mutually agreed upon by both parties. Records will be transferred in an expeditious manner, however, not later than 45 days after the termination of this agreement. 11. UNLAWFUL DISCRIMINATION PROHIBITED. Both the Service Provider and Subscriber agree to comply with all federal, state and local laws, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. 12. CONFIDENTIALITY. The Service Provider shall take commercially reasonable precautions to guard the confidentiality of Subscriber records and other confidential information furnished by Subscriber ("Confidential Information''). The Service Provider agrees that all Confidential Information received from Subscriber is proprietary to Subscriber, and the Service Provider shall not copy, duplicate, disclose or otherwise use any such material and/or information, except as necessary to perform the Billing Services, or: (i) as required by law; (ii) with the written consent of the Subscriber; or (iii) unless such information is otherwise in the public domain. 13. SUCCESSORS. This agreement shall be binding on the successors and assigns of the parties. Notwithstanding the foregoing, the rights and benefits of either of the PARTIES under this Agreement may not be assigned without prior written consent of the other party, which consent shall not be unreasonably withheld. 14. GOVERNING LAW/Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to conflict of law principles. This Agreement constitutes the entire understanding of the parties hereto and shall supersede all prior understanding or agreements, both written and oral, relating to the subject matter thereof. This Agreement shall not be altered, modified, supplemented, or amended nor any provisions waived, except by a writing duly signed by all parties involved. All notices, request, demands and other 4 communications required or permitted hereunder'shall be in writing and shall be deemed to have been duly given upon the earlier of the actual delivery to the party to whom the notice is given or three days subsequent to mailing, certified or registe'red mail, with postage prepaid and addressed as follows (or such other address as designated by appropriate notice from a party): To: City of Andover Jim Dickinson City Administrator 1685 Crosstown Blvd NW Andover, MN 55304 To: Connexus Energy Mike Bash Connexus Energy 14601 Ramsey Boulevard Ramsey, Minnesota 55303 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. CONNEXUS ENERGY By: By: Name: Name: Title: Title: 5 Schedule A Rates are per customer, per billing period, unless otherwise indicated. Year 1 Year 2 Year 3 Subsequent Connexus Member Years $ 1.35 $ 1.62 $ 1.97 3.5% Increase $ 0.33 $ 0.40 $ 0.46 3.5% Increase $ 1. 75 $ 2.02 $ 2.55 3.5% Increase $ 2.00 $ 2.40 $ 2.85 3.5% Increase $ 2.63 $ 3.16 $ 3.76 3.5% Increase $ 0.14 $ 0.17 $ 0.20 3.5% Increase $ 2.94 $ 3.53 $ 4.20 3.5% Increase $ 10.50 $ 12.60 $ 15.00 3.5% Increase Mandatory $ 31.50 $ 37.80 $ 45.00 3.5% Increase Year 1 Year 2 Year 3 $ 4.05 $ 4.86 $ 5.91 3.5% Increase $ 0.99 $ 1.20 $ 1.38 3.5% Increase $ 5.25 $ 6.06 $ 7.65 3.5% Increase $ 6.00 $ 7.20 $ 8.55 3.5% Increase $ 7.89 $ 9.48 $ 11.28 3.5% Increase $ 0.42 $ 0.51 $ 0.60 3.5% Increase $ 8.82 $ 10.59 $ 12.60 3.5% Increase Pricing Schedule @ 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 FROM: Jim Dickinson, City Administrator SUBJECT: Schedule December EDA meeting DATE: December 2, 2008 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the December 18,2008 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Purchase Agreement/Letter of Intent/Progress Review 2. TIF District Potential Project Analysis 3. Parkside at Andover Station Negotiation Discussion 4. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the December 18, 2008 City Council meeting. _. Cf0 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: December 2, 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 4. 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.