HomeMy WebLinkAboutCC - April 20, 2010
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
Regular City Council Meeting - Tuesday, April 20, 20 I 0
Call to Order - 7:00 p.m.
Pledge of Allegiance
Proclamation - Arbor Day
Resident Forum
Agenda Approval
1. Approval of Minutes (4/6/10 Regular; 4/6/10 Closed)
Consent Items
2. Approve Payment of Claims - Finance
3. Approve Access Agreement/Forest Meadows ParkIRocket Turf - Engineering
4. Approve Plans & Specs/Order Advertisement for Bids/08-33/City Bridges Scour Evaluation - Engineering
5. Approve Quotes/Award Contract/Andover-Ramsey Pine Tree Management Project/09-15 - Engineering
6. Approve Resolution Accepting Donation! Anoka Hennepin School District # !l!Eveland Fields/Scoreboard
for South Field/! 0-21 - Engineering
7. Approve Application for Exempt Permit/ Andover Lions Club - Administration
Discussion Items
8. Anoka County Sheriffs Department Monthly Report - Sheriff
9. Consider Conditional Use Permit/Height of Salt Storage Facility/1833 Crosstown Blvd NW - Planning
10. Approve CenterPoint Energy Gas Franchise Ordinance & Summary Ordinance - Engineering
Staff Items
11. Schedule May Workshop - Administration
12. Schedule EDA Meeting - Administration
13. Administrator's Report - Administration
Mayor/Council Input
Closed Session - Administration
. Open Space Land Purchase Negotiations - PIN#'s 07-32-24-11-0001,07-32-24-14-0001 and Emmerich
Parcel (White Pine Wilderness)
. Land Purchase Negotiations - PIN# 29-32-24-44-0022
. Public Works Union Negotiations Update
Adjournment
--
CITY OF ANDOVER
PRO CLA MA TION
Arbor Day
WHEREAS, the City of Andover realizes the many benefits trees
have to offer; and
WHEREAS, trees beautify our environment, provide shade, provide
oxygen to the air, filter storm water, prevent erosion, provide habitat for
wildlife and help conserve energy; and
WHEREAS, the City of Andover understands the importance of
planting trees; and encourages those that reside in the City to plant them.
NOW THEREFORE, BE IT PROCLAIMED that Friday, April 30,
2010 is Arbor Day in Minnesota.
") :MicfiaeC 1t qamacfie, :Mayor
City of jIndo'Ver
G)
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: Approval of Minutes
DATE: April 20, 2010
INTRODUCTION
The following minutes were provided by TimeSaver for City Council approval:
April 6, 2010 Regular Meeting
April 6, 2010 Closed Meeting
DISCUSSION
The minutes are attached for your review.
ACTION REQUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
V'r~~
Michelle Hartner
Deputy City Clerk
Attach: Minutes
_____________n________ -----
1
2
3
4
5
6 REGULAR ANDOVER CITY COUNCIL MEETING - APRIL 6, 2010
7 MINUTES
8
9
10 The Regular Bi-Monthly Meeting ofthe Andover City Council was called to order by Mayor Mike
11 Gamache, April 6, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
12 Andover, Minnesota.
13
14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude
15 Councilmember absent: None
16 Also present: City Attorney, Scott Baumgartner
17 City Administrator, Jim Dickinson
18 Community Development Director, Will Neumeister
19 Public Works Director/City Engineer, David Berkowitz
20 Others
21
22
23 PLEDGE OF ALLEGIANCE
24
25
26 RESIDENT FORUM
27
28 No one wished to address the Council.
29
30
31 AGENDA APPROVAL
32
33 Motion by Knight, Seconded by Bukkila, to table Item 10 to the April 27, 2010, City Council
34 Workshop. Motion carried unanimously.
35
36 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion
37 carried unanimously.
38
39
40 APPROVAL OF MINUTES
41
42 March 16, 2010, Regular Meeting: Correct as amended.
43
44 Councilmember Jacobson requested a correction on page 8, line 8, the word "can" should be changed
45 to "could",
46
47 Motion by Knight, Seconded by Trude, to approve the minutes as indicated above. Motion carried
48 unanimously.
Regular Andover City Council Meeting
Minutes - April 6, 2010
Page 2
1 March 16,2010, Closed Meeting: Correct as presented.
2
3 Motion by Trude, Seconded by Jacobson, to approve the minutes as written. Motion carried
4 unanimously.
5
6 March 23, 2010, Workshop Meeting: Correct as presented.
7
8 Motion by Jacobson, Seconded by Bukkila, to approve the minutes as written. Motion carried
9 unanimously.
10
11
12 CONSENT ITEMS
13
14 Item 2 Approval of Claims
15 Item 3 A ward Bid /10-2, 2010 Street Reconstruction /10-8, 2010 Curb, Sidewalk &
16 Pedestrian Ramp Repairs /10-12, Public Works Salt Storage Facility Paving (See
17 Resolution R030-1 0)
18 Item 4 Approve Resolutions / Revoking & Designating MSA Streets /10-9 (See
19 Resolution R031-1 0 & Resolution R032-1 0)
20 Item 5 Approve Off-Sale 3.2% Liquor License & Tobacco License / Stop N Shop
21 Item 6 Approve Drainage & Utility Easement /10-02, 2010 Street Reconstruction
22 Item 7 Approve Final Plat / Kwik Trip Andover Addition (See Resolution R033-1O)
23 Item 8 Approve Bid /09-22, Bunker Lake Blvd. NW Frontage Road / Jay Street
24 Realignment (See Resolution R034-1 0)
25 Item 9 Approve 2011 Budget Development Guidelines
26
27 Motion by Jacobson, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried
28 unanimously.
29
30
31 CONSlDERAUTHORIZING APPLICATION /LCCMR ENVIRONMENTALAND NATURAL
32 RESOURCES TRUST FUND
33
34 Mr. Neumeister reviewed the staff report with the Council and presented the recommendation of
35 the Open Space Advisory Commission to pursue grant funding through the Legislative Citizens
36 Commission on Minnesota Resources (LCCMR). The deadline date for this is Friday, April 9,
37 2010.
38
39 Motion by Jacobson, Seconded by Bukkila, to approve the authorization of the application for the
40 LCCMR Environmental and Natural Resources Trust Fund. Motion carried unanimously. (See
41 Resolution R035-10)
42
Regular Andover City Council Meeting
Minutes - April 6, 2010
Page 3
1 CONSIDER APPROVAL / EXTENSION OF LIQUOR LICENSE / POV'S SPORTS BAR &
2 GRILL
3
4 Mr. Dickinson reviewed the staff report with the Council and the request of Brad Povlitzki,
5 owner of Po v's Sports Bar & Grill, to extend the liquor license to include their fully enclosed ball
6 fields. It was noted that Pov's is planning to hold an outdoor music celebration July 16 and 17,
7 2010 with bands playing until midnight, which is not consistent with the City's noise ordinance
8 that prohibits noise after 10 p.m. He noted the City has allowed similar activities for other
9 businesses and this is an annual event for Pov's.
10
11 Councilmember Jacobson asked if the police reports and complaints were from the same person
12 or different people.
13
14 Mr. Dickinson clarified that the complaints were from different people but the same
15 neighborhood.
16
17 Councilmember Knight asked if extending the noise ordinance for Pov's would set precedence
18 and other businesses would request similar action.
19
20 Mr. Dickinson clarified that Pov's is requesting to have their liquor license extended not the
21 noise ordinance. The noise ordinance would remain in effect and Pov's is required to comply.
22 The noise level can be measured with a decibel meter.
23
24 Councilmember Jacobson stated Section 5-6-3A of the noise ordinance states "No person shall
25 engage in or permit construction activities involving the use of any kind of electrical powered,
26 diesel powered, or gas powered machine or other equipment which creates noise that is audible at
27 the property line, except between the hours of seven o'clock a.m. and ten 0' clock p.m." He
28 stated the City does need to put something in place that addresses consistent noise that goes
29 beyond the property lines. Even though this type of noise may not be above the maximum
30 decibel level the fact that it is constant does make it a problem for many residents.
31
32 Councilmember Trude stated Section 5-6-2 references noise from radios, phonographs, and
33 paging systems. "No person shall use or operate or permit the use or operation of any radio
34 receiving set, musical instrument, phonograph, paging system, machine, or other device for the
35 production or reproduction of sound in a distinctly and loudly audible manner as to unreasonable
36 disturb the peace, quiet, and comfort of any person nearby."
37
38 Councilmember Jacobson asked what the officers would do if they found they decibel readings
39 were to high.
40
41 Mr. Dickinson stated in the past the officers have asked that the noise level be turned down to
42 meet the requirements of the ordinance.
43
44 Councilmember Jacobson clarified the officers would have the option to end the music at this
Regular Andover City Council Meeting
Minutes - April 6, 2010
Page 4
1 time as well.
2
3 Mr. Dickinson stated the officers that will be on duty the night of the outdoor concert for Pov's
4 would be notified of the City's noise ordinance and the decibel level requirements.
5
6 Councilmember Bukkila stated the main concern would be the noise levels after 10:00 p.m.
7
8 Councilmember Knight stated this is an issue that comes up every year and the City only has one
9 opportunity to address the noise level.
10
11 Mr. Dickinson clarified the language in the ordinance is what is suggested by the MPCA. The
12 decibel readings are set so that there is something to measure by and use as a determinant. Noise
13 can be a subjective thing and what is noisy to one person may not be to another. The code simply
14 identifies what the minimum level would be for noise to be a problem.
15
16 Mayor Gamache stated of the four complaints received last year, two of these were before 10:00
17 p.m. and the City would not have done anything about this because the ordinance says the noise
18 must be after this time. He pointed out that there will always be some complaints no matter
19 what.
20
21 Councilmember Jacobson suggested that on the days of this event the officers on duty be
22 provided with a copy of the ordinance so they have something to follow besides just taking a
23 decibel reading. The officers will know there is the option to send people home or end the event
24 if the noise is excessive.
25
26 Mr. Dickinson stated the City has approved similar events for other businesses in the City but the
27 City does limit the number of events that they will approve. This was an effort to ensure these
28 types of events are not happening every weekend. He also pointed out the last year Pov's did
29 follow the recommendations of the officers and reduced the noise level.
30
31 Councilmember Knight stated the bass level should be limited.
32
33 Councilmember Bukkila stated it is not just the bass level that can be a problem. A bad singer
34 could be as big a problem if not bigger.
35
36 Motion by Jacobson, Seconded by Knight, to approve an extension ofliquor license for Pov's
37 Sports Bar and Grill to include their fully enclosed ball fields and to provide a full copy of the
38 City's Noise Ordinance to the officers.
39
40 Councilmember Trude pointed out that Pov's is taking the complaints from last year into
41 consideration according to the drawing they provided.
42
43 Mr. Dickinson stated Pov's is planning to move the tent closer to their building in an effort to use
44 the building as a sound barrier.
Regular Andover City Council Meeting
Minutes - April 6, 2010
Page 5
1 Motion carried unanimously.
2
3
4 ADMINISTRATOR REPORT
5
6 Mr. Dickinson updated the Council on the administration and city department activities, meeting
7 reminders, CIP Projects, Sheriffs update and development activity. He pointed out that residents
8 should keep their garage doors closed.
9
10 Mr. Berkowitz updated the Council on construction projects, Public Works projects, and
11 community gardens.
12
13 Mr. Neumeister updated the Council on the Kwik Trip project, hunting regulations, and CDBG
14 Income surveys.
15
16 Councilmember Jacobson asked for a map of the salt storage facility paving project.
17
18 Mr. Berkowitz stated the reason this particular project was bid at this time with the other projects
19 the City is working on is so that a favorable bid would be received. Staff did spend time on the
20 master plan for this facility and maps are available for the Council. He also offered to take the
21 Councilmembers on a tour of the facility. There is flexibility within this contract for changes that
22 may occur.
23
24 Mayor Gamache asked Mr. Gompertz of the Andover AtWetic Association if he would be able to
25 answer a couple of questions regarding the naming of the fields before the April 27 workshop.
26 There are other items on the agenda for that meeting. He asked if the people that Mr. Gompertz
27 would like to recognize are aware that this is happening.
28
29 Mr. Gompertz, President of Andover Athletic Association, stated that he had talked with
30 everyone last year and when he talked to them again recently they could not say for certainty that
31 they had talked with him previously. At this time he does not have their support in writing.
32
33 Councilmember Trude pointed out the policy for Naming and Renaming Parks, Park Facilities,
34 and Trails, item 7 states the person being honored must adhere to at least one of the following
35 credentials and complete a waiting period of at least six months from the conclusion of service or
36 time of death.
37
38 Mr. Gompertz stated the opening of the season is scheduled for April 26 and if the Council did
39 not make a decision until April 27 it would be after the opening. The opening of the season
40 would be the best time to honor these individuals.
41
42 Councilmember Trude stated Mr. Gompertz has had a year to work on this project but the
43 Council has only had a couple of days to review this. There are other things that need to be
44 considered when looking at this proposal and the Council should have an opportunity to discuss
---- --.-
Regular Andover City Council Meeting
Minutes - April 6, 2010
Page 6
1 these. If the City names all the fields, trails and facilities now there would not be anything
2 available to honor future leaders of the community. When something is named it is forever and
3 the Council needs to consider this when making its determination. The City has a policy in place
4 for a reason and it should be adhered to and this includes providing the Council time to discuss
5 the proposal.
6
7 Mr. Gompertz stated he had asked for guidance from City Staff in the process and they had
8 misguided him. This is why the proposal was not before the Council at their previous workshop.
9 He asked the Council to reconsider their decision because he would hate to miss the opportunity
10 due to a technicality.
11
12 Mayor Gamache stated the Council had a meeting scheduled for April 20 and this could
13 potentially be discussed at that time. This would give the Council two weeks to review the
14 proposal and contact Mr. Gompertz with any questions.
15
16 Councilmember Trude stated she would prefer to have this discussion in a workshop since it is
17 also a policy discussion. The Council should spend time deliberating about this. This decision is
18 forever and is setting precedent for the future. If all the fields are named at this time then what
19 will be done to honor future leaders.
20
21 Councilmember Jacobson asked if there would be any support for meeting at 6:00 on April 20 to
22 discuss this proposal.
23
24 Mayor Gamache stated there is an EDA meeting on the calendar for the Council at 6:00 p.m. on
25 that day.
26
27 Councilmember Trude stated the naming of fields, trails, and parks is seen more as a memorial.
28
29 Mr. Gompertz pointed out the City's policy does not say that the person being honored needs to
30 be deceased. The Association would like to honor these individuals while they are still alive.
31
32 Councilmember Bukkila stated she would like additional time to consider this request.
33
34 Councilmember Trude stated she is not denying these individuals have made contributions to the
35 community and to the association but she would like to discuss this in greater detail with the
36 other members of the Council in a workshop. She does not understand the urgency to make a
37 forever decision.
38
39 Mayor Gamache stated based on the input of the Council this proposal will be discussed by the
40 Council at the April 27, 2010 workshop.
41
42 MAYOR/COUNCIL INPUT
43
44 Councilmember Bukkila asked for an update of the City wide garage sale event.
--.- - --.-
Regular Andover City Council Meeting
Minutes - April 6, 2010
Page 7
1 Mr. Dickinson stated the date has not been finalized but will be in the next few days.
2
3
4 RECESS TO CLOSED EXECUTIVE SESSION
5
6 The Council recessed to a closed executive session at 8:01 p.m. to consider Public Works Union
7 Negotiations Update and Potential Land Purchase 07-32-24-11-0001 and 07-32-24-14-0001.
8
9 The Council reconvened at 8:28 p.m. to adjourn.
10
11 Motion by Knight, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting
12 adjourned at 8:29 p.m.
13
14 Respectfully submitted,
15
16 Tina Borg, Recording Secretary
17
Regular Andover City Council Meeting
Minutes - April 6, 2010
Page 8
1
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - APRIL 6,2010
TABLE OF CONTENTS
PLEDGE OF ALLEGIANCE ......................................................................................................... 1
RESIDENT FORUM ...................................................................................................................... 1
AGENDA APPROV AL.................................................................................................................. 1
APPROV AL OF MINUTES...........................................................................................................1
CONSENT ITEMS ......................................................................................................................... 2
Item 2 Approval of Claims ...................................................................................................... 2
Item 3 Award Bid /10-2,2010 Street Reconstruction /10-8,2010 Curb, Sidewalk &
Pedestrian Ramp Repairs /10-12, Public Works Salt Storage Facility Paving (Resolution
R030-10) ................... ............ ........................................................ .............. ........................ 2
Item 4 Approve Resolutions / Revoking & Designating MSA Streets / 10-9 (Resolution
R031-10 & Resolution R032-10)........................................................................................2
Item 5 Approve Off-Sale 3.2% Liquor License & Tobacco License / Stop N Shop ............... 2
Item 6 Approve Drainage & Utility Easement /10-02,2010 Street Reconstruction............... 2
Item 7 Approve Final Plat/Kwik Trip Andover Addition (Resolution R033-10).................... 2
Item 8 Approve Bid / 09-22, Bunker Lake Blvd. NW Frontage Road / Jay Street
Realignment (Resolution R034-10) .................................................................................... 2
Item 9 Approve 2011 Budget Development Guidelines.......................................................... 2
CONSIDER AUTHORIZING APPLICATION / LCCMR ENVIRONMENTAL AND
NATURAL RESOURCES TRUST FUND (Resolution R035-10) ........................................... 2
CONSIDER APPROVAL / EXTENSION OF LIQUOR LICENSE / POV'S SPORTS BAR &
GRILL .... .......................................................................... .................. ........ ................................ 3
ADMINISTRATOR REPORT ....................................................................................................... 5
MAYOR/COUNCIL INPUT ..........................................................................................................7
CLOSED SESSION .................. .... ... ....... ........... .................... ........... ....... ... ..... .... ........................... 7
ADJOURMENT ............................................................................................................................. 7
--------
@
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: April 20, 2010
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $113,859.92 on disbursement edit list #1- 2 from 04/09/10 to 04/16/10 have been issued and
released.
Claims totaling $136,602.21 on disbursement edit list #3 dated 04/20/10 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 REOUESTED
The Andover City Council is requested to approve total claims in the amount of $250,462.13. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
';)
\/ ~-
~~
Lee Brezinka
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 .
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.U
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator / Finance Director
David D, Berkowitz, City Engineer/Director of Public Works "b
FROM: Todd J, Haas, Assistant Public Works Director
SUBJECT: Approve Access Agreement/Forest Meadows ParkIRocket Turf -
Engineering
DATE: April 20, 2010
INTRODUCTION
This item is in regard to approving the Hold Harmless Agreement and Easement Encroachment
Agreement with Rocket Turf to cross a portion of Forest Meadows Park.
DISCUSSION
A 2 year agreement was created back in 2007 to allow Rocket Turf access across Forest
Meadows Park to maintain and harvest their sod fields which are adjacent to the park on the west
side, The agreement expired last year so it is recommended by staff to enter into a new
agreement. Staff is also recommending rather than having the agreement renewed every 2 years,
the agreement be rewritten so that the agreement will automatically be renewed each year unless
a 30 day written notice is provided by either party to cancel the agreement. The attached
agreement reflects the recommended change,
Note: In the past 2 years, there were no issues allowing Rocket Turf to cross that portion of the
park to access their sod fields.
ACTION REOUlRED
The City Council is requested to approve the Hold Harmless Agreement and Easement
Encroachment Agreement to allow Rocket Turf access across Forest Meadows Park to maintain
and harvest their sod fields which are adjacent to the park on the west side,
Respectfully submitted,
~~
Todd J, Haas
cc: Douglas Lawrence, Rocket Turf, 2477 Main Street NW, Coon Rapids, MN 55448
Attachments: Hold Harmless Agreement and Easement Encroachment Agreement, Map
identifying access across park
----------- -------
HOLD HARMLESS AGREEMENT
AND EASEMENT ENCROACHMENT AGREEMENT
THIS AGREEMENT, made this 20th day of April, 2010, by and between
Rocket Turf, a Minnesota Corporation and the City of Andover, a Minnesota
Municipal Corporation (hereinafter "City"),
WHEREAS, Rocket Turf is the fee owner of Parcel 02-32-24-13-0007 located
in Anoka County, Minnesota; and
WHEREAS, Rocket Turf would like to have access across a portion of Forest
Meadows Park (Parcel 02-32-24-13-0006); and
WHEREAS, the City by giving access across Forest Meadows Park to Rocket
Turf will allow Rocket Turf to maintain and harvest sod on Parcel 02-32-24-13-0007,
WHEREAS, Rocket Turf will keep in force at its own expense so long this
agreement remains in effect, public liability insurance with respect to the access
across the park in form acceptable to Andover with minimum limits of $1 ,000,000 on
account bodily injuries or death of one person, and $1,000,000 on account of bodily
injuries to or death of more than one person as a result of anyone accident or
disaster, and property damage insurance with minimum limits of $1 ,000,000, All
such insurance shall name Andover as additional insured,
WHEREAS, Rocket Turf understands that the agreement is automatically
renewable each year unless a 30 day written notice is provided by either party to
cancel the agreement; and
In addition, Rocket Turf or their successors hereby agree to hold the City
harmless and indemnify the City from any and all liabilities and defend against
lawsuits, expenses, damages, acts or failures to act, attorney fees and court costs,
which directly result from any damage Rocket Turf, or their successors in interest
that may occur in the access easement.
IN WITNESS WHEREOF, the parties have hereunto set their hands this
day of ,2010,
G:\STAFF\RHONDAAIAGENDA\ITEMS\201 0104201 O\HOLD HARMLESS AGREEMENT.doc
---------
CITY OF ANDOVER, a Municipal
Corporation
By:
Its: Deputy City Clerk
By:
Its: Mayor
Douglas Lawrence,
Rocket Turf
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this day of , 2010, before me, a notary
public within and for said county, personally appeared
and to me known to be respectively the Clerk and
Mayor of the City of Andover, and who executed the foregoing instrument and
acknowledge that they executed the same on behalf of said City,
Notary Public
STATE OF MINNESOTA )
) ss,
COUNTY OF )
On this day of , 2010, before me, a notary
public within and for said county, personally appeared Douglas Lawrence of Rocket
Turf.
Notary Public
DRAFTED BY:
City of Andover
1685 Crosstown Blvd, NW
Andover, MN 55304
G:\STAFFIRHONDAAIAGENDA\ITEMSI201 0\04201 O\HOLD HARMLESS AGREEMENT.doc
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@
1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/08-33/City Bridges
Scour Evaluation/Repairs - Engineering
DATE: April 20, 2010
INTRODUCTION
The City Council is requested to approve final plans and specifications and order the
advertisement of bids for Project 08-33, City Bridges Scour Evaluation/Repairs,
DISCUSSION
The plans and specification for the project have been completed by TKDA. The bid documents
include a bid to place rip-rap by the bridge abatement for Prairie Road bridge and the adjacent
pedestrian bridge, The base bid would provide placement of the rip-rap which would be covered
with topsoil and seeded, The alternate bid would provide rip-rap that is exposed and partially
grouted, Both options will prevent the rip-rap from eroding and/or vandalism,
Plans are available in the City Engineer's office for review,
BUDGET IMP ACT
The project is identified in the City's Capital Improvement Plan to be funded by Storm Water
Utility and the Road and Bridge fund, For 2010 through 2012, $35,000 is identified each year.
ACTION REOUlRED
The City Council is requested to approve the resolution approving final plans and specifications
and ordering the advertisement of bids for Project 08-33, City Bridges Scour Evaluation/Repairs,
Respectfully submitted,
c:::Lo(). cJ- :1
David D, Berkowitz
Attachments: Resolution ./
n_ -
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT 08-33, CITY
BRIDGES SCOUR EVALUATION/REPAIRS.
WHEREAS, pursuant to Resolution No. 001-10, adopted by the City
Council on the 5th day of Januarv , 2010, TKDA has prepared final plans
and specifications for Project No. 08-33 for Citv Bridqes Scour Evaluation
Repairs; and
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 20th day of April , 2010 ,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications,
BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby
direct the City Clerk to seek public bids as required by law, with such bids to be
opened at 10:00 a,m. , June 3 , 2010 at the Andover City Hall.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 20th day of April ,2010, 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
-----
C I T Y 0 G)
F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
To: Mayo< ,od Coo0011 M=be" ~
CC: Jim Dickinson, City Administrator
David D. Berkowitz, Director of Public rks/City Engineer 'i::(B
From: Kameron Kytonen, Natural Resources Technician
Subject: Approve Quotes and Award Contract /09-15/Andover/Ramsey Pine Tree
Management Project - Engineering
Date: April 20, 2010
INTRODUCTION
The City Council is requested to approve quotes and award the contract to Kohn Brothers Logging for
the removals and disposal of dead/diseased pines on public and private properties in the Cities of
Andover and Ramsey. The Cities received a FireWise grant through the Minnesota Department of
Natural Resources (DNR) in the amount of $8,500, which will be used to pay the company,
DISCUSSION
The Cities had an informational workshop on October 22, 2009 to gauge the interest level of property
owners with large volumes of pine on their properties. Based on the feedback, staff inventoried
properties that were interested and eligible under the contents of the FireWise program.
Staff got quotes from several various logging and land clearing companies. The quotes received are
as follows:
Company Quote
Kohn Brothers $8,500
Hugo Tree $40,000
Asplundh Tree Expert Co. $37,577.31
Rivard Contracting Time and Material
BUDGET IMP ACT
The estimated total cost ofthe project is $17,000. The grant is in the amount of $8,500, which will be
used to pay the logger. The grant request has and will continue to be matched through in-kind
services, which includes time spent on the project by the Natural Resources Technician, City of
Ramsey staff and property owners,
ACTION REQUESTED
It is requested that the City Council approve quotes and award the contract to Kohn Brothers
Logging.
LfUllY~
ameron Kyton
Natural Resources Technician
G)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayo< <md Council Memb", ~
CC: Jim Dickinson, City Administrator / Finance Director '
David D, Berkowitz, City Engineer/Director of Public W s--mD
FROM: Todd J, Haas, Assistant Public Works Director
SUBJECT: Approve Resolution Accepting Donation/Anoka-Hennepin ISD #11 /Eveland
Field/Scoreboard for South Field/10-21 - Engineering
DATE: April 20, 2010
INTRODUCTION
This item is in regards to approving a resolution accepting a contribution of one scoreboard by
the Anoka-Hennepin ISD #11 to be installed for the south field at Eveland Fields facility,
DISCUSSION
Attached is a letter dated April 12, 2010 from the Anoka-Hennepin ISD #11 formally notifying
the City of Andover the purchase and donation of one scoreboard to be installed for the south
field at Eveland Fields facility,
Also included in the letter is a request from Anoka-Hennepin ISD #11 that they would like to
gently remind the City (the Park and Recreation Commission) that they have agreed to make a
donation to Andover High School activities in the amount of $4000 ($500 would be from the
Andover Athletic Association if they were still interested in committing), Attached are the
discussion and the recommendation the Park Commission made in regards to the school district
request. Although the donation was recommended by the Park & Recreation Commission,
funding was not formally approved as funds were not available,
At this time staff recommends the acceptance of the scoreboard donation and will discuss the
cash donation request at a future meeting with the City Council when funding becomes available,
Public Works Department will provide equipment and manpower to set the scoreboard on the
concrete piers once it is ready to be installed,
BUDGET IMPACT
The Finance Department has reviewed the request by the school district and is not recommending
a cash donation at this time due to the lack of park dedication funds,
Mayor and Council Members
April 20, 2010
Page 20f2
ACTION REQUIRED
The City Council is requested to approve the resolution accepting the contribution of scoreboards
for Sunshine Park.
Respectfully submitted,
Q~.~
~ Todd J, Haas
Attachments: Resolution,'i,etter from Andover High School dated 4/12/10,-p~ Commission
meeting minutes dated 2/19/1 O;'Letter from Andover High School dated 10/6/08
cc: Eric Lehtola, Andover High School (copy sent bye-mail)
Steve Gompertz, Andover Athletic Association (copy sent bye-mail)
Ted Butler, Park and recreation Commission Chair (copy sent bye-mail)
- - -
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO,
MOTION by Councilmember to adopt the following:
A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER
FOR PROJECT 10-21, EVELAND FIELDS/SCOREBOARD FOR SOUTH FIELD,
WHEREAS, any contributions that are to be made to the City of Andover must be
accepted by the City Council; and
WHEREAS, the contribution from Anoka Hennepin School District #11 for a
scoreboard is to be installed at Eveland Fields.
NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the
contribution, which is to purchase a scoreboard on behalf of the Anoka Hennepin School
District #11 and is to be installed at Eveland Fields,
MOTION seconded by Councilmember and adopted by the City
~
Council at a regular meeting this 20th day of April, 2010, with Councilmember's
voting in favor of the resolution, and
Councilmember's voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner - Deputy City Clerk
" ANDOVER HIGH SCHOOL
A LEARNING COMMUNITY M.r, Rlwnda Dean, Principal
.'. . ... " 2115 Andover Boulevard NW Andover, MN 55304 763-506-8400 Fax: 763-506-8403 www.anoka,k12,mn,us
4/12/10
RECEIVED
City of Andover
Attn: Todd Haas APR 1 2 2010
1685 Crosstown Blvd NW
Andover, MN 55304 CITY OF ANDOVER
Re: Donation of Softball Scoreboard at Eveland Field
Dear Mr. Haas:
The purpose of this letter is to inform the City of Andover that Andover High School has
purchased a scoreboard for the varsity softball field at Eveland Field, We would like to donate
this scoreboard to the city with the understanding that our team will use this during the school
year just as it uses the field itself. During the summer/non-school year, the city is obviously
welcome to use the scoreboard as well.
This scoreboard will be a welcome addition to Eveland Field. It will help improve the overall
atmosphere of games played there, In addition, this will help compliment the new scoreboards
that have been installed at Sunshine Park to "round out" the parks environment.
I would also like to take this time to gently remind the City that they (along with the Andover
AtWetic Association) have agreed to make a donation to Andover High School Activities in the
amount of $4000, Any progress toward completing this donation would be greatly appreciated,
It has been a pleasure to work cooperatively with the City, I look forward to a continued
supportive relationship in future years. If you have any further questions, I would be happy to
answer them. I can be reached at eric.lehtola@anoka,k12,mn,us or 763-506-8420,
Sincerely,
~ c2~
Eric Lehtola
"" Tom Redmann, Supemw, OfBWld",",.und, ISD #11
Mrs, Tonia Hufnagel, A-Has Counselor Mr. Bob Bursaw, A-K Assistant Principal
Mrs, Tara Koschak, Hat-Nie Counselor ANUKA-HENNEPIN Mr, Sean Beggio, L-Z Assistant Principal
Mrs. A1ycia Skogquist, Nif.Z Counselor SCHOOLS Mr. Eric Lehtola. Activities Director
A jUlUrt without limit
- .-
Regular Andover Park & Recreation Commission Meeting
Minutes - February 19, 2009
Page 2
Motion by Lindell, seconded by Lindahl, to approve the tournament application fonn
from the Andover Baseball Association. Motion carried on a 5-ayes, O-nays, O-present,
2-absent (Kowalewski, Miskowiec) vote.
CONSIDER REQUEST FOR NEW LEGISLATION/CITY OF HA
Chair Butler stated the Chair of the Ham Lake Park Commis . contacted him and was
interested in pushing some legislation at the State Capi neeming how City's can
raise funds for park projects. The Chair of Ham Lak ark Commission could not make
it to the meeting so requested this be tabled to a e meeting.
Motion by Lindahl, seconded by Ramna table this item until a futW'e meeting.
Motion canied on a 5-ayes, O-nays, 0- ent, 2-absent (Kowalewski, Miskowiec) vote,
UPDATE OF GUIDELINES F FlEW USAGE BY YOUTH ATHLETIC
ASSOCIATIONS, CONT.
s an update in regards to the discussions the City Council had
at their workshop t January to see if there was interest in revising the Guidelines
for Field Usage b~ outh Athletic Associations in regards to a damage deposit fee for
cleanup and ge of parks after use by the associations.
ated the Commission in regards to this item.
Co ssioner Hupp thought it would be nice to keep track of what associations are not
fol wing the rules and have that information brought back in the fall for review. He also
ought they should implement a checklist for associations to use and twn in showing
they cleaned up after themselves.
UPDATE IN REGARDS TO SCOREBOARDS@EVELANDFIELDS/ANDOVER
HIGH SCHOOL, CONT.
Mr, Haas stated this item is just an update in regards to scoreboards for the south field at
Andover High SchoollEveland Fields.
Mr. Haas updated the Commission in regards to scoreboards at Eveland Fields.
Commissioner Hupp asked how the split would work. If one association put up $500
how would that be split up, would the School District pay less or would the City pay less.
Chair Butler thought the School District agreed to pay $4,000 so the City would pay
$3,500.
Mr. Haas stated they do have a $25,000 Misc. Fund with money in and the Park
Commission does have the ability to recommend spending money out of that fund for
these types of things. Chair Butler stated on the one hand he has been hesitant to want to
tart spending money of the fund because they sometimes end up with safety issues that
"--- -----._--- ------ .-..--.- .-- _n
Regular Andover Park & Recreation Commission Meeting
Minutes - February 19, 2009
Page 3
need t() be taken care of out of that fund but on the flip side they are talking about an
$8,000 improvement to the fields that they can get for $3,500 given the situation with the
school.
Commissioner Lindell stated they should probably proceed with this because the $4,000
from the School District could go away very easily. He thought they may want to pursue
seeing ifthere could be another $500 donation back to the Park Commission from the
association next year that they would earmark for another field.
Commissioner Lindahl thought they needed to do it because there is no indication the
School District will have the money next year to do this.
Commissioner Hupp thought because of the economy the association should try to come
up with some type of fundraiser to try to help pay for the scoreboard and hold off until
the end of the season to see how much is raised seeing that the board will not go up in
time for the 2009 season. This will give them the opportunity to go out and raise money
for a bigger buy in. Commissioner Lindahl thought they needed to commit to this either
now or never and if they can get more money raised through the association through the
year they can donate it to the Park Commission. He did not think they had time to try to
raise funds.
Chair Butler liked the idea of seeing if the athletic association could donate some money
next year for another field improvement but they have already put this off once so he
would like to get this either approved or denied.
Motion by Lindahl, seconded by Lindell, to approve the $3,500 allotment for the
scoreboard and move ahead as needed. Motion carried on a 4 ayes, I-nays (Hupp), 2-
abxent (Kowalewski, Miskowiec) vote.
REVIEW DRAFT FEASIBlUTY REPORT/09-141IRR1GATlON OF PARKS
Mr. Haas stated this item is to give an update as to the status of the irrigatio of parks
draft feasibility report, Project 09-14,
Chair Butler asked if they had any additi ding for irrigation. Mr. Haas indicated
they did not.
Commissi~ath wondered what the conditions of the fields were. Chair Butler
stated. these are all non-irrigated parks and the grass gets pretty dry and is hard to keep
- -- '- - -
--------_. . -_. - --.... -.. -,.,.
. Eve I401J Fie-Us.
.~..~.. .... ANDOVER HIGH SCHOOL P"~~~"J~
" ALE A R N I N G COM M U NIT Y .V.dVwndalkan.Principal
." 2115 Andover Buulevard NW Andover, MN 55304 763-506-8400 Fax: 763.506-8403 www,lI1oka.k12,mn,lL~
Mr, Todd Haus _ October 6, 2008
Assistant Public Works Director f::!(.~'RECEIVED
1685 Crosstown Blvd, NW ~'
Andover, MN 55304 . 8:T - 8 311
763-767-5131
J CITY OF ANDOVER
Mr. Haus:
As I am sure you are aware, Andover High School and the City of Andov~ share the softball fields
through a joint powers agreement. I am writing with a request for assistance with a project we are
. attempting to implement. In an effort to get "up to speed" both with what our baseball team already
has, and many' other softball teams in our conference have, we would like to be able to install a
scoreboard for our varsity softball field.
Specifically, I am asking if the city would make a contribution of approximately half of the cost of the .
project. The school would come ~p with the other half. One way of accomplishing this is to have ~
city pay the bill for the trenching of the electrical Wiring and mounting of the scoreboard. This
portion woUld total approximately $4000. The school would then be responsible to pay for the
overall cost of the scoreboard with wireless control box, also approximately $4000.
The assumption would be that the school team would have possession of the controller d~g the
school year an~ their season. At the conclusion of their season, they would turn it over' to the city for !
use during the ~er:~ths. . i
Please let me know if you are in need of any further information regarding this request; or if I should
be contacting anyone else. 1 can be reached at 763-506-8420 or eric.IehtoJa@anoka.k12.mn.us. I lOok !
forward to this exciting venture that would add a nice touch of class for the girls of our community.
Sincerely, . . .
~'!cJ~ '
Eric Lehtola ,'. .
><n. _H_....."""""'" . ~ ... """_....-_
Mrs. Tara KDScbak, Hat-~ic Counsdor ANOKA-HENNEl'IN' Mr. Sea Bqp. L-Z~Priacip8I
t.In, AIycia Skoequist, Nif-Z CounselorS C H 0 0 L S Mr, Eric LehroIa, ActMIies Director
I Afr..,......1iooiJ . .
-- .-
(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 Administrator
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Consider Approval Application for Exempt Permit! Andover Lions Club
DATE: April 20, 2010
INTRODUCTION
Andover Lions Club has submitted an application for a raffle at the Andover Family Fun
Fest on July 10,2010
DISCUSSION
Council can either a) approve the application with no waiting period; b) approve the
application with a 30 day waiting period; or c) deny the application.
ACTION REQUIRED
The City Council is requested to consider approval of the application with no waiting
period.
Respec!fully submitted,
Lfy~~
Michelle Hartner
Deputy City Clerk
Attach: Application
Minnesota. Lawful Gambling Page 1 of2 2/10
Application fee for each event
LG220 Application for Exempt Permit If a Iication ostmarked or received:
An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days
before the event before the event
- conducts lawful gambling on five or fewer days, and $100 $50
- awards less than $50,000 in prizes during a calendar year.
ORGANIZATION INFORMATION Check # $
Organization name Previous gambling permit number
t>o0 . i;- S Cl u.1o
Type of nonprofit organization. Check one.
D Fraternal D Religious DVeterans ~ other nonprofit organization
Mailing address City State Zip Code County
l~l'l~ \J .v(L ,;J Do\Jf~ rJ 55' 3d <I ItntJ I~Fl
Name of chief executive officer (CEO) Daytime phone number Email address
Attach a copy of ONE of the following for proof of nonprofit status. Ch~ck one.
Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status.
o Nonprofit Articles of Incorporation OR a current Certificate of Good Standing.
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, SI. Paul, MN 55155 Phone: 651-296-2803
o IRS income tax exemption [501(c)) letter in your organization's name,
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer
contact the I RS at 877-829-5500.
o IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, atlach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
.lXf IRS - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonproflt status from the IRS, no atlachment is required.
GAMBLING PREMISES INFORMATION
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
A"v C,;\- \.-\"A LL
Address (do not use PO box) City Zip Code County
\"'0 ..sn0Ll A-nDK-)<t-
Date(s) of activity (for raffles, indicate the date of the drawing)
-:)~\" \00<1. ~OIO
heck the box or boxes that indicate the type of gambling activity your organization will conduct:
o Bingo. ~Raffles o Paddlewheels. o Pull-Tabs. DTipboards'
* Gambling equipment for pull-tabs, bingo paper, lipboards, and Also complete
paddlewheels must be obtained from a distributor licensed by the
Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form.
number selection devices may be borrowed from another organization
authorized to conduct bingo. I Print FclrlT)'.1
To find a licensed distributor, go to www,gcb.state.mn.us and click on Ust I ResetForrTll
of Ucensed Distributors, or call 651-639-4076.
-~
LG220 Application for Exempt Permit Page 2 of 2 1/10
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
If the gambling premises is within city limits, If the gambling premises is located in a township. a
a city official must check the action that the city is county official must check the action that the county is taking
taking on this application and sign the application. on this application and sign the application.
A township official is not required to sign the application,
_The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period,
_The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30 period and allows the Board to issue a permit after 30
days (60 days for a 1st class city). days. '
_The applicatIon IS denIed. _The application is denied.
. . Print county name
Pnnt Clty name . On behalf of the county, J acknowledge this application.
On behalf of the City, J acknowledge this application. Signature of county official receiving application
Signature of city official receiving application
Title Date I I
(Optional) TOWNSHIP: On behalf of the township, I
Title Date I I acknowledge that the organizalion is applying for exempted gambling
- - - aclivity within lownship limits. [A township has no slatutory authority
to approve or deny an application [Minnesola Stalule 349.166)]
Printtownship name
Signature of township official acknowledging application
Title Date I I
CHIEF EXECUTIVE OFFICER'S SIGNATURE
The infonnation provided in this apPlication. is comp~et nd/~cc rate to/the best of my knowledge. I ackno. wledge that .the
financIal report Will be completed and ~ to the arc! wi i~ ~.;-" of the date of our gambling activity. .
Chief executive officer's signature 707"\, c:r-?, 1f!t'lAj Date </_/c...!- JOIO
Complete a separate application for each gambing activity: Financial report and record keeping required
- one day of gambling activity, A fi . I rt fa d' tructi '11 b t' h
two . .. . nancla repo rm an Ins ons WI e san WIt
- or more consecut~ve days of gambling actiVIty, your permit, or use the online fill-in form available at
- each day a raffle drawmg IS held www.gcb.state.mn.us. Within 30 days of the activity date,
Send application with: complete and retum the financial report form to the
_ a copy of your proof of nonprofit status, and Gambling Control Board.
- application fee far each event. Questions?
Make check payable to "State of Minnesota." Call the Licensing Section of the Gambling Control
T G bl' C 001 B rd Board at 651-639-4076.
0: am 'ng on oa
1711 West County Road B, Suite 300 South I I
Roseville, MN 55113 PribtForlr\ I Reset' Forml
Th. , .11 be d . I. . the Board will be able to process your . , t' M' t' De rt nt f
IS .orm WI ma e avallab e In alternatiVe . ti. r ti y ... Inlorma Ion; Inneso as pa me 0
formal Q,e. large print, Braille) upon request. organlZa on s app lca on. our o,rgaruzal.'on s Public Safely: Allorney General:
Data privacy nolice:The information requested nahme and .adddressby thWlIIBbe PdUbAliclllntfohrmation Commissioners of Administration, Minnesota
. . wenrecelVe e oar. 0 er Md'
on thiS form ~and any altachments) Will be used information provided will be privale data unlil a~ge.menl &. Bu ge~ and Rev~nue, .
by the Gambling Control Board (Board) to \he B . h. LegIslative Aud~or, natIOnal and Inlernational
determine your organization's qualiflCalions to . oa: ISSU~ t ~ :rm~, t'f"hen I~ Bdoa~~ gambling regulatory agencies: anyone pursuanl
be involved in lawful gambling aclivilies in :ues e .:.rm li:oo :.: :;:.n pro~. e WI to court order; olher individuals and agencies
Minnesota. Your organization has the righlto comite PII. ,'C. ~ .dedes no. ISs~ al specifically aulhorized by stale or federal law to
fu I pi th.~ . perm ,a In,orma.on proVl remains pnva e h t th ., ti . d. id Is nd
re sa 0 sup y e hnormation requested" oth the t. of . t" -' . ave access 0 e In.arms on; In IV us a
. . . . WI excep IOn your organlZ3 1011 s name .. .
however, ,fyour organization refuses to supply d dd wh.ch .11 . bl' P 'vale agencies for which law or legal order authonzes
th'.nfo ~ th Bo d t be bl an a ress I WI rema'n pu IC. n h. of.' t' II tho
IS I rmauon, e ar may no a e to d Ia .1 bl I So d be B d a new use or s anng In,orma IOn a er IS
dele . . ti' I' a are ava, a e 0: ar mem rs oar N lice . d with writIe
rrmne your organlZa on s qua iftcat~ns staff whose work requires access to th~ 0 was glVen; an anyone your n
and, as a consequence, may refuse to Issue a consent
permll. If you supply the information requested,
@
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: Captain Tom Wells - Anoka County Sheriffs Office
SUBJECT: Anoka County Sheriff's Department Monthly Report - Sheriff
DATE: April 20, 2010
INTRODUCTION
Captain Tom Wells & Crime Watch Coordinator Laura Landes from the Anoka County Sheriff's
Office will be present to provide the Council and the citizens of Andover with an update on law
enforcement activities within the City, Attached is a copy of the March 2010 monthly report,
DISCUSSION
To be verbally presented,
ACTION REOUlRED
For Council information,
Respectfully submitted,
Captain Tom Wells
Anoka County Sheriffs Office
Attachment: March 2010 Monthly Report
04/15/2010 15:54 7537574579 ANOKA CO SHER PATROL PAGE 02/03
C. CITY OF ANDOVER - MARCH 2010
MARCH FEBRUARY MARCH '
ITEM YTD 2010
YTD 2009
Radio Calls 864 607 2,147 2,040
Incident Reports 929 647 2,227 2,399
Burglaries 7 2 13 13
Thefts 63 37 127 86
Crim.Sex Condo 3 0 4 7
Assault 7 8 16 20
Dam to Prop. 13 10 35 41
Harr. Comm, 13 11 37 36
Felony Arrests 3 2 8 9
Gross Mis. 2 1 3 1
Misd, Arrests 60 35 111 84
DUr Arrests 19 5 33 32
Domestic Arr. 6 1 8 19
Warrant Arr. 16 10 31 31
Traffic Arr. 238 202 639 739
DUI OFFENSES:
DAY
OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday
WEEK:
TIME: 21 :47 21:19 00:22 00:33 00:51 01:29
00:52 01:33 01:02 01:38
01:42 02:03 02:18
02:04 15:17 20:53
. 23:41
23:42
23:48
8
04/15/2010 15:54 7537574579 ANOKA CO SHER PATROL PAGE 03/03
D. CITY OF ANDOVER - MARCH Z010
COMMUNITY SERVICE OFFICER REPORT
MARCH FEBRUARY MARCH
ITEM YTD 2010
YTD 2009
Radio Calls 106 79 271 310
.Incident Reports 106 80 274 177
Accident Assists 2 4 10 28
Vehicle Lock Out 18 1 1 51 79
Extra Patrol 88 127 343 583
House Checks 2 0 5 2
Bus. Checks 5 13 27 77
Animal CampI. 43 28 84 89
Trame Assist 16 10 47 31
Aids: Agency 137 132 417 572
Aids: Public 33 27 88 139
Paper Service 0 0 0 I
Inspections 0 0 0 0
Ordinance Viol. 4 0 6 0
9
0)
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100
FAX (763) 755-8923 . WW , ,ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrato
Will Neumeister, Community Devel
FROM: Courtney Bednarz, City Plann~
SUBJECT: Consider Conditional Use Permit/Height of Salt Storage Facility/IS33 Crosstown Blvd
NW
DATE: April 20, 2010
INTRODUCTION
The city is seeking to construct a salt storage facility to provide cost savings on winter road
maintenance, The attached letter from the Public Works Director/City Engineer summarizes the
need for this project.
DISCUSSION
Code 12-3-4 provides a maximum height allowance of35 feet. The roof peak of the building
will be a maximum of 43 feet in height. The height of the structure is important to allow trucks
to empty salt inside the structure, The attachments show the proposed location and design of the
building.
City Code 12-3-5 B. allows a Conditional Use Permit to be issued to increase the allowable
height of a structure under the criteria as shown below,
City Code 12-3-5: MINIMUM DISTRICT REQUIREMENTS:
B, Maximum Height:
1. Principal Structure Height: A Conditional Use Permit may be granted to allow principal
buildings to exceed the height limits imposed by provisions of this title provided it is determined
that:
a, Adequate fire protection and other safety features are provided,
b, The height and bulk of the building will not destroy a scenic or appropriate view, will
not shut off light and air from surrounding properties, or otherwise be detrimental to the
public.
c, In no event, however, shall any building occupy more than the permitted percentage of
lot area as provided in this title, (Amended Ord, 314, 10-4-05)
Fire Protection
The building will be constructed in compliance with the International Fire and Building Codes.
Scenic/Appropriate View
The structure will be located near the center of the public works complex to maximize the
distance from adjacent residential neighborhoods and public streets, Screening will be provided
by trees to be planted along the north and west sides of the property, The distance and screening
will mitigate views of the taller structure, A berm has been constructed on the north side of the
property to screen the Public Works yard from the north properties, Additional plantings will be
provided on the berm to enhance the screening,
Lot Area Coverage
The structure will be approximately 8,100 square feet in size, The combined area of the two lots
that have been combined to remove the property line from under the proposed site are
approximately 14.4 acres in size, The building will cover 1.3 percent of the lot or significantly
less than the 20% allowed by City Code 12-3-4,
Resident Input from Public Hearing
Residents at the public hearing had two questions for the city to consider as it moves forward
with the project. The first was whether Linnet Street NW would ever be extended to the south,
It was noted that the cul-de-sac has a temporary cul-de-sac sign indicating that the road may be
extended in the future,
The second question asked was what the city plans to do to control blowing dust from dirt
stockpiles and areas of bare ground on the site, It is the intent to vegetate dirt stockpiles if they
will remain on site for an extended period of time, Last year there were a number of projects that
contributed dirt to the site at different times throughout the year making it difficult to maintain
vegetation in the stockpile area,
Planning Commission Recommendation
The Commission unanimously recommended approval of the conditional use permit.
ACTION REOUESTED
The Counc' is asked to approve or deny the conditional use permit request.
Attachments
Resolution
Location Map
Letter
Site Plan
Additional Site Detail
Photograph ~~ 004
Planning Commission Minutes... S\l.fP . O\\..\~~
-------
---- -- --- -
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES, NO,
A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR AN
INCREASE OF THE ALLOW ABLE HEIGHT FOR A STRUCTURE FROM 35 FEET TO 43
FEET FOR THE CITY OF ANDOVER SALT STORAGE BUILDING LOCATED ON
PROPERTY LEGALLY DESCRIBED AS
THAT PRT OF W 285 FT OF E 640 FT OF NWI/4 OF SEI/4 OF SEC 22 TWP 32 RGE 24
L YG NL Y OF S 330 FT THEREOF, SUBJ TO EASE OF REC
AND
THAT PRT OF E 355 FT OF NWI/4 OF SE1/4 OF SEC 22 TWP 32 RGE 24 L YG NL Y OF S
330 FT THEREOF SUBJ TO EASE OF REC
WHEREAS, the City of Andover has requested a conditional use permit to increase the
allowable height to allow construction of a salt storage building; and
WHEREAS, City Code 12-3-5 allows a conditional use permit for increased building height
under the following conditions:
a, Adequate fire protection and other safety features are provided,
b, The height and bulk of the building will not destroy a scenic or appropriate view, will
not shut off light and air from surrounding properties, or otherwise be detrimental to the
public,
c. In no event, however, shall any building occupy more than the permitted percentage of
lot area as provided in this title, (Amended Ord, 314, 10-4-05)
WHEREAS, the Planning Commission held a Public Hearing pursuant to the requirements of City Code
12-14-8, and;
WHEREAS, after review the Planning Commission fmds that the proposed project meets the
conditions of City Code 12-3-5 and recommends approval ofthe request, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has
received the recommendation of the Planning Commission and approves the proposed
conditional use permit to increase the allowable height from 35 feet to 43 feet for the
construction of a salt storage building on the subject property subject to the following conditions:
1) The location of the structure shall be as shown on the site plan dated April 5, 2010,
2) Screening shall be provided between the structure and residential neighborhoods to
the north and west.
--
3) The Conditional Use Permit shall be subject to a sunset clause as defined in City
Code 12-14-6,
Adopted by the City Council of the City of Andover on this _ th day of ,2010
CITY OF ANDOVER
ATTEST: Michael R, Gamache, Mayor
Michelle Hartner, Deputy City Clerk
9\NDbVE~ Salt Storage Facility
Incorporated Location Map
1974
15355
15318
15279 15260
15271 Proposed building location
15263 Peak of roof at 43 feet in height
0 <0 N co 15211 City. Hall
<0 -.r C') ~
0 00 0
N N N N 15200
!'-C') en ark Complex #
~ ~
<0 -.rC')
00 0 Z
0 N
N NN
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en en en co co co !'-
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Sunshine Park
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s
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755.8923 . WWW.CI.ANDOVER,MN.US
March 5, 2010
Courtney Bednarz, Andover City Planner
1685 Crosstown Blvd. NW
Andover, MN 55304
Re: Conditional Use Permit request for Public Works Salt Storage Facility
Mr. Bednarz,
Andover Public Works Division is requesting a Conditional Use Permit for the
construction of a salt storage facility that would be located within the existing Public
Works site, Please refer to the attached site layout. The height of the proposed
structure exceeds the limits that are allowed by City Code for an R-1 zoning district
(Maximum Height, Title 12-3-5B),
The conditional use would allow the structure to be a maximum height of 40 to 43 feet at
the peak of the structure. Please refer to the attached picture. The height is needed to
load and unload end dump trucks to store and transport road salt for the snow and ice
removal process, Up to this point the City has partnered with the Anoka County Highway
Department for road salt use which the cost has become non-beneficial to the City.
If you have any questions regarding this request, please contact me at 763-767-5133,
Sincerely,
c;]....J2- <;).~
David D. Berkowitz, P,E.
Director of Public Works/City Engineer
H:\Engineering\City - . "ts\Open City ProjectS\J,O-12 PW Salt Storage Fadlity\Draft:ing\Salt Storage2dwg.. 41512010 9;22:23 AM
i!i - .~
>; ~ NIGHTINGALE STREET N.W. COUNTY ROAD No.. 109
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C I T Y 0 F @
NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D, Berkowitz, Director of Public Works/City Engineer
SUBJECT: Approve CenterPoint Energy Gas Franchise Ordinance & Summary
Ordinance - Engineering
DATE: April 20, 2010
INTRODUCTION
The City Council is requested to approve the CenterPoint Energy Gas Franchise Ordinance &
Summary Ordinance,
DISCUSSION
Attached is the draft CenterPoint Energy Gas Franchise Ordinance & Summary Ordinance,
Staff along with the City Attorney have reviewed the ordinance with CenterPoint Energy and
have agreed upon recommended changes, therefore recommending approval.
ACTION REQUIRED
The City Council is requested to approve the CenterPoint Energy Gas Franchise Ordinance &
Summary Ordinance,
Respectfully submitted,
~O.~
David D, Berkowitz
./'
Attachments: CenterPoint Energy Gas Franchise Ordinance & Summary Ordinance
CenterPoint Energy
Gas Franchise Ordinance
ORDINANCE NO. .
CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA
AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a
CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS
SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE
TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY
FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS
OF THE CITY OF ANDOVER, COUNTY, MINNESOTA, FOR SUCH PURPOSE; AND,
PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF
THE CITY COUNCIL OF THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA,
ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
City. The City of Andover, County of Anoka, State of Minnesota,
City Utility System. Facilities used for providing public utility service owned or operated
by City or agency thereof, including sanitary sewer, storm sewer, water service, street lighting and
traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy.
Commission. The Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government, which preempts all or part of the authority
to regulate gas retail rates now vested in the Minnesota Public Utilities Commission,
Company. CenterPoint Energy Resources Corp" d/b/a CenterPoint Energy Minnesota Gas
("CenterPoint Energy") its successors and assigns including all successors or assigns that own or
operate any part or parts of the Gas Facilities subject to this Franchise,
Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or
mixed gas,
Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all
necessary equipment and appurtenances owned or operated by the Company for the purpose of
providing Gas Energy for retail or wholesale use,
CenterPoint Energy v 11---05/19/09 11
Page
Notice. A writing served by any party or parties on any other party or parties, Notice to
Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 800 LaSalle
Avenue, Minneapolis, Minnesota 55402, Notice to the City shall be mailed to City of Andover. City
Clerk. 1685 Crosstown Blvd, NW. Andover. MN, 55304, Any party may change its respective
address for the purpose of this Ordinance by written Notice to the other parties,
Ordinance. This gas franchise ordinance, also referred to as the Franchise,
Public Way. Any highway, street, alley or other public right-of-way within the City.
Public Grouud. Land owned or otherwise controlled by the City for utility easements,
park, trail, walkway, open space or other public property, which is held for use in common by the
public or for public benefit.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of20 years from the
date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute
and sell Gas Energy for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future and also the right to transport Gas
Energy through the limits of the City for use outside of the City limits, For these purposes,
Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across
the Public Ways and Public Grounds, subject to the provisions of this Ordinance, Company may do
all reasonable things necessary or customary to accomplish these purposes, subject, however, to
such reasonable regulations as may be imposed by the City pursuant to a Public Right-of-Way
Management Ordinance also identified title eight, chapter two, of City Code, so long as such City
Code and/or Ordinances comply with state law, If any term contained in a City Ordinance or City
Code is not in compliance with state law, state law shall control as to such noncompliant term,
2.2 Effective Date: Written Acceptance. This Franchise shall be in force and effect
from and after the passage of this Ordinance and publication as required by law and its acceptance
by Company, If Company does not file a written acceptance with the City within 60 days after the
date the City Council adopts this Ordinance, or otherwise inform the City, at any time, that the
Company does not accept this Franchise, the City Council by resolution shall revoke this Franchise,
2,3, Service and Gas Rates. The terms and conditions of service and the rates to be
charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the
Commission.
2.4, Publication Expense. Company shall pay the expense of publication of this
Ordinance,
2.5, Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written, Representatives of the parties
CenterPoint Energy v 11---05/19/09 21
Page
must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute
is not resolved within 30 days of the written Notice, the parties may jointly select a mediator to
facilitate further discussion, The parties will equally share the fees and expenses of this mediator,
If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first
meeting with the selected mediator, either party may commence an action in District Court to
interpret and enforce this Franchise or for such other relief as may be permitted by law or equity,
2,6, Continuation of Franchise. If the City and the Company are unable to agree on the
terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until
a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice
to the other party of its intention to allow Franchise to expire, However, in no event shall this
Franchise continue for more than one year after expiration of the 20-year term set forth in Section
2,1.
SECTION 3. LOCATION. OTHER REGULATIONS.
3,1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained
so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways
and so as not to disrupt normal operation of any City Utility System, Gas Facilities may be located
on Public Grounds in a location selected by the City. The location and relocation of Gas Facilities
shall be subject to regulations of the City consistent with authority granted the City to manage its
Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term
of this Franchise,
3.2, Street Ooenine:s. Company shall not open or disturb the surface of any Public Way
or Public Ground for any purpose without first having obtained a permit from the City, as required
by title eight, chapter two, of City Code, for which the City may impose a fee, unless the City is
receiving a franchise fee pursuant to this Ordinance, in which case all permit fees will be waived, so
long as such City Code and/or Ordinances comply with state law, If any term contained in a City
Ordinance or City Code is not in compliance with state law, state law shall control as to such
noncompliant term, Permit conditions imposed on Company shall not be more burdensome than
those imposed on other public-right-of-way users for similar facilities or work. Company may,
however, open and disturb the surface of any Public Way or Public Ground without a permit if (i)
an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives
telephone, email or similar Notice to the City before commencement of the emergency repair, if
reasonably possible, Within three business days after commencing the repair, Company shall apply
for any required permits and pay any required fees,
3.3, Restoration. After undertaking any work requiring the opening of any Public Way
or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with
Minnesota Rules, 7819,1100 and City Code title eight, chapter two, so long as such City Code
and/or Ordinances comply with state law, If any term contained in a City Ordinance or City Code is
not in compliance with state law, state law shall control as to such noncompliant term.
Company shall restore the Public Ground to as good a condition as formerly existed, and shall
maintain the surface in good condition for six months thereafter, All work shall be completed as
promptly as weather permits, and if Company shall not promptly perform and complete the work,
CenterPoint Energy vI 1---05119/09 31
Page
----
remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition,
the City shall have, after demand to Company to cure and the passage of a reasonable period of time
following the demand, but not to exceed five days, the right to make the restoration of the Public
Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of
such work done for or performed by the City, The Company shall be required to post a construction
performance bond,
3.4. Avoid Damage to Gas Facilities. The Company must take reasonable measures to
prevent the Gas Facilities from causing damage to persons or property, The Company must take
reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas
Facilities by persons, property, or the elements, The Company must take protective measures when
the City performs work near the Gas Facilities, if given reasonable Notice by the City of such work
prior to its commencement.
3,5, Notice of Improvements to Streets. The City will give Company reasonable
written Notice of plans for improvements to Public Ways and Public Grounds where the City has
reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will
contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds
upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time
when the City will start the work, and (v) if more than one Public Way or Public Grounds is
involved, the order in which the work is to proceed. The Notice will be given to Company a
sufficient length of time, considering seasonal working conditions, in advance of the actual
commencement of the work to permit Company to make any additions, alterations or repairs to its
Gas Facilities the Company deems necessary,
3,6 Mapping Information, If requested by City, the Company must promptly provide
complete and accurate mapping information for any of its Gas Facilities in accordance with the
requirements of Minnesota Rules 7819.4000 and 7819.4100 and title eight, chapter two of City
Code, so long as such City Code and/or Ordinances comply with state law, If any term contained in
a City Ordinance or City Code is not in compliance with state law, state law shall control as to such
noncompliant term,
3,7, Emergencv Response. As emergency first-responders, when a public safety
concern exists both the City and Company shall respond to gas emergencies within the City without
additional direct fee or expense to either City or Company,
SECTION 4. RELOCATIONS.
4,1. Relocation in Public Ways and Public Grounds. The Company and City shall
comply with the provisions of Minnesota Rules 7819.3100 and title eight, chapter two of City Code,
with respect to requests for the Company to relocate Gas Facilities located in either Public Ways or
Public Grounds, so long as such City Code and/or Ordinances comply with state law, If any term
contained in a City Ordinance or City Code not in compliance with state law, state law shall control
as to such noncompliant term,
CenterPoint Energy vi 1---05/19/09 41
Page
4.2, Proiects with Federal Fundinl!. Relocation, removal, or rearrangement of any
Company Gas Facilities made necessary because of the extension into or through City of a federally
aided highway project shall be governed by the provisions of Minnesota Statutes Sections 161.45
and 161.46 and title eight, chapter two of City Code, so long as such City Code and/or Ordinances
comply with state law, If any term contained in a City Ordinance or City Code is not in compliance
with state law, state law shall control as to such noncompliant term,
SECTION 5. INDEMNIFICATION.
5.1. Indemnitv of City. Company shall indemnify and hold the City harmless from any
and all liability, on account of injury to persons or damage to property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas
Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for
losses or claims occasioned through its own negligence or otherwise wrongful act or omission
except for losses or claims arising out of or alleging the City's negligence as to the issuance of
permits for, or inspection of, Company's plans or work,
5,2, Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the
City in such suit if written Notice thereof is promptly given to Company within a period wherein
Company is not prejudiced by lack of such Notice, If Company is required to indemnify and
defend, it will thereafter have control of such litigation, but Company may not settle such litigation
without the consent of the City, which consent shall not be unreasonably withheld, This section is
not, as to third parties, a waiver of any defense or immunity otherwise available to the City, The
Company, in defending any action on behalf of the City, shall be entitled to assert in any action
every defense or immunity that the City could assert in its own behalf This Franchise agreement
shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or
limitations on liability under Minnesota Statutes, Chapter 466,
SECTION 6, VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS,
The City shall give Company at least two weeks prior written Notice of a proposed vacation
of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota
Rules 7819.3100 and Minnesota Rules 7819,3200 with respect to any request for vacation.
SECTION 7. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance, Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance,
SECTION 8. FRANCHISE FEE.
8,1. Form. During the term of the franchise hereby granted, the City may charge the
Company a franchise fee, The Company will administer the collection and payment of franchise
CenterPoint Energy v 11---05/19/09 51
Page
- ---------.--
fees to City, or other fees that may otherwise be imposed on the Company in relation to its
operations as a public utility in the City, The franchise fee will be collected on a flat per meter
basis, or by some other method that is mutually acceptable to both City and Company for each retail
customer within the corporate limits of the City, The amount of the fee collected may differ for
each customer class, The City will use a formula that provides a stable and predictable amount of
fees, without placing the Company at a competitive disadvantage, Such fee shall not exceed any
amount that the Company may legally charge to its customers prior to payment to the City, If the
Company claims that the City required fee formula is discriminatory or otherwise places the
Company at a competitive disadvantage, the Company will provide a formula that will produce a
substantially similar fee amount to the City, If the City and Company are unable to agree, the
disagreement shall be subject to the Dispute Resolution provisions of this Ordinance.
8.2, Separate Ordinance. The franchise fee shall be imposed by separate ordinance
duly adopted by the City Council, which ordinance shall not be adopted until at least sixty (60) days
after written Notice enclosing such proposed ordinance has been served upon the Company by
certified mail. The Company is not required to collect a franchise fee if the tenus of the fee
agreement are inconsistent with this franchise or state law, provided the Company notifies the City
Council of the same within the sixty (60) day period.
8.3, Condition of Fee. The separate ordinance imposing the fee shall not be effective
against the Company unless it lawfully imposes a fee of the same or substantially similar amount on
the sale of energy within the City by any other energy supplier, provided that, as to such supplier,
the City has the authority or contractual right to require a franchise fee or similar fee through an
agreed-upon franchise,
8.4, Collection of Fee. The franchise fee shall be payable not less than quarterly during
complete billing months of the period for which payment is to be made, The franchise fee formula
may be changed from time to time, however, the change shall meet the same Notice and acceptance
requirements and the fee may not be changed more often than annually, Such fee shall not exceed
any amount that the Company may legally charge to its customers prior to payment to the City,
Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds
incurred by the Company, The Company shall not be responsible to pay City fees that Company is
unable to collect under Commission rules or order, The Company agrees to make available for
inspection by the City at reasonable times all records necessary to audit the Company's
determination of the franchise fee payments.
8.5, Continuation of Franchise Fee. If this franchise expires and the City and the
Company are unable to agree upon tenus of a new franchise, the franchise fee, if any being imposed
by the City at the time this franchise expires, will remain in effect until a new franchise is agreed
upon, However, the franchise fee will not remain in effect for more than one year after the franchise
expires as stated in Section 2,6 of this Franchise, If for any reason the franchise tenuinates, the
franchise fee will terminate at the same time,
SECTION 9. ABANDONED FACILITIES,
CenterPoint Energy vi 1---05/19/09 61
Page
The Company shall comply with Minnesota Statutes, Section 216D,Ol et seQ, and
Minnesota Rules 7819.3300, as they may be amended from time to time with respect to
abandoned facilities located in Public Ways and Public Grounds, The Company shall maintain
records describing the exact location of all abandoned and retired Gas Facilities within the Public
Ways and Public Grounds produce such records at the City's request and comply with the
location requirements of Section 216D.04 with respect to all Gas Facilities, including abandoned
and retired Gas Facilities not located in Public Ways and Public Grounds,
SECTION 10. PROVISIONS OF ORDINANCE.
10,1, Severability. Every section, provision, or part of this Ordinance is declared
separate from every other section, provision, or part; and if any section, provision, or part shall
be held invalid, it shall not affect any other section, provision, or part, Where a provision of any
other City ordinance conflicts with the provisions of this Ordinance, the provisions of this
Ordinance shall prevail.
10.2. Limitation on Applicabilitv. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties, No provisions herein shall in any way inure
to the benefit of any third person (including the public at large) so as to constitute any such
person as a third party beneficiary of this Ordinance or of anyone or more of the terms hereof, or
otherwise give rise to any cause of action in any person not a party hereto,
SECTION 11. AMENDMENT-PROCEDURE.
Either party may propose at any time that this Franchise Ordinance be amended, Franchise
Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the
provisions of the amendment, which amendatory ordinance shall become effective upon the filing of
Company's written consent thereto with the City Clerk within 60 days after the effective date of the
amendatory ordinance, If the Company does not consent to the amendment, the ordinance
containing the amendment shall be revoked by City,
Passed and approved: ,
Mayor of the City of Andover, Minnesota
Attest:
City Clerk, Andover, Minnesota
CenterPoint Energy v 11---05/19/09 71
Page
------
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO.
SUMMARY OF ORDINANCE NO.
AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a
CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS
SUCCESSORS AND ASSIGNGS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN A GAS DISTRIBUTION SYSTEM INCLUDING
NECESSARY GAS MAINS, PIPES AND EQUIPMENT FOR THE TRANSPORTATION,
DISTRIBUTION AND SALE OF GAS FOR PUBLIC AND PRIVATE USE AND TO USE
PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY OF ANDOVER FOR SUCH
PURPOSES AND PRESCRIBING CERTAIN TERMS AND CONDITONS THEREOF,
The following is the official summary of Ordinance No, approved by the
Andover City Council on April 20. 2010 The purpose of the ordinance is to
grant to CenterPoint Energy a 20 year non-exclusive franchise to operate, repair and
maintain a natural gas distribution system within the City limits of the City of Andover.
The terms and conditions of service and the rates to be charged by CenterPoint Energy
for natural gas energy are subject to the exclusive jurisdiction of the Minnesota Public
Utilities Commission. The ordinance provides for a method of dispute resolution if either
the City of Andover or CenterPoint Energy asserts that the other party has defaulted in
the terms of the gas franchise ordinance. The ordinance provides that all gas facilities
shall be located, constructed and maintained so as not to interfere with the safety and
convenience of ordinary travel along and over public ways.
The ordinance also provides that CenterPoint Energy shall indemnify and hold the City
of Andover harmless from liability on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, inspection, the issuance of
permits, or the operations of the Gas Facilities located in the City of Andover's public
right of way and public grounds.
Published in the on
@
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 May Council Workshop
DATE: April 20, 2010
INTRODUCTION
The Council is requested to schedule a Council Workshop for the month of May for a number of
miscellaneous business items,
DISCUSSION
Potential agenda items for a general May workshop have been identified as follows:
1, Newsletter Discussion
2, Discuss Code Amendment - Commercial Vehicle Parking & RV Storage
3, Community Education Partnership Discussion
4, 2011-2015 Capital Improvement Plan Discussion
5. 2010 Budget Implementation Progress Report
6, 2011 Budget Development Discussion
7, Other Topics
Other items may be added upon Council request.
ACTION REQUIRED
Schedule an April Council workshop, a suggested date is May 25th at 6:00 pm, May 20th
immediately following the Community Garden Open House, or another date and time acceptable
to the Council.
-
----- ___________n____
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 April EDA meeting
DATE: April 20, 2010
INTRODUCTION
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the May 4,2010 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, Parkside at Andover Station Update
3, TIF Project Fund Discussion
4. Andover Station Maintenance Discussion
5, 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 May 4,2010 City Council meeting,
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CJ.ANDOVER,MN,US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: Administrator's Report
DATE: April 20, 2010
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,
~ I'noJ
DATE April 20, 2010
ITEMS GIVEN TO THE CITY COUNCIL
. March Building Report
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK YOU.
G:\STAFF\RHONDAAIAGENDA\CC L1ST.doc
(V'" I-j~;"-l-[)'
D./)'
...... .-/ CITY OF ANDOVER
2010 Monthl BuildiDl! Report
I
I
TO: Mayor and City Council
FROM: Don Olson
MARCil
- -
BUILDING PERMITS PermitJPlan Tax
Total Valuation
6 Residential $ 15,657.86 $ 692,00
$ 16,349.86 $ 1,384,000,00
Single Family 6 15,657.86
692,00 16,349.86 1,384,000.00
Septic -
. - .
Townhome .
- - .
I Additions 1,535,74
45.45 1,581.19 90,900,00
Garages
-
4 Basement Finishes 400.00
2,00 402.00 .
I Commercial Building 33.50
0.50 34,00 500.00
I Pole Bldgs/Barns 695.56
14,00 709,56 28,000.00
I Sheds 213.59
3,15 216.74 6,300.00
- Swimming Pools -
- . -
- ChimneylStovelFireplace -
- . -
I Structural Changes 38,78
0.50 39.28 . 500,00
- Porches -
. . .
3 Decks 267.65
3.35 271.00 6,700,00
. Gazebos -
. . -
- Repair Fire Damage .
- - -
5 Re-Roof 375.00
2.50 377,50 -
7 Siding 525.00
3.50 528.50 -
Other
-
2 Commercial Plumbing 117,15
1.65 118.80 3,290.00
I Commercial Heating 153.25
4.00 157,25 8,000,00
I Commercial Fire Sprinkler 50.00 -. 0.65
50.65 1,290.00
- Commercial Utilities .
. - -
- Commercial Grading -
- . .
I
-
34 Total Building Pennits S 20,063.08 S 773.25
S 20,836.33 $ 1,529,480.00
PERMITS Permit/Plan Tax
Total Fe.. Collected
-
34 Building Pennits S 20,063.08 $
773.25 $ 20,836,33
. Ag Building -
- .
. Curb Cut -
- -
- Demolition .
- .
- Fire Pennils -
- -
- Footing -
- -
. Renewal .
- -
. Moving -
- -
33 Heating 2,675.00
16,50 2,691.50
8 Gas Fireplaces 600.00
4.00 604.00
22 Plumbing 2,050,00
11.00 2,061.00
24 Pumping 360.00
- 360.00
. Septic New -
. -
I Septic Repair 75.00
0.50 75,50
6 Sewer Hook-Up 150.00
. 150.00
6 Waler Meter 300.00 -
- 300,00
. Sewer Change OverlRepair -
- -
- Waler Change Over -
- -
6 Sac Retainage Fee 126,00
- 126.00
6 Sewer Admin, Fee 90.00
- 90.00
7 Certificate of Occupancy 70.00
. 70.00
6 License Verification Fee 30,00
. 30.00
- Reinspection Fee I -
. .
9 Contractor License 450.00
- 450.00
4 Rental License - Single 200.00
. 200.00
Rental License. Multi
- -
. Health Authority .
- -
-
172 TOTALS $ 27,239.08 $ 805.25
$ 28,04433 $ 1,529,480.00
Total Number of Homes YTD 2010
20
Total Number of Homes YTD 2009
3
Total Valuation YTDI I 2010
$ 4,314,562.00
Total Valuation YTDI 2009
$976,038,00
Total Buildiog Department Revenue YTD 2010 $ 72,15
,66
Total Building Department Revenue YTD 2009
$36,015.10
.
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Item for April 20, 2010 City Council Meeting
DATE: April 20, 2010
The City Council is requested to receive the following supplemental information,
Consent Items
Add-On Item, Approve Tobacco License/Lucky's Station (Supplemental) - Administration
Add-On Item, Consider Approval Application for Exempt Permit! Andover Huskies Youth Hockey
Assoc. (Supplemental) - Administration
Discussion Items
Item #9, Consider Conditional Use PermiUHeight of Salt Storage FaciIity/1833 Crosstown Blvd
NW (Supplemental) - Planning
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 Tobacco LicenseILucky's Station
DATE: April 20, 2010
INTRODUCTION
The Oasis Market, 13660 Crosstown Boulevard NW, has been sold and the new owner
has applied for a Tobacco License,
DISCUSSION
Scott Stevens, new owner of Lucky's Station has applied for a Tobacco License, The
appropriate fees have been paid,
ACTION REQUIRED
The City Council is requested to approve the above license for the period of April 21,
2010 through December 31, 2010.
Respectfully submitted,
'/Yl~
Michelle Hartner
Deputy City Clerk
Attach: License Application
16115 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) l55.5100
I~AX (763) 755.ll923 . WWW.CI.ANDOVER.MN.US
License To Sell Tobacco at Retail
Application Form
Pursuant to City Ordinance No. 227, all persons requesting to sell tobacco at
retail are required to provide the following information,
Applicant's Name ~1T ~ vt?~ Phone - .. dilL
111 I IJ ,-r' / JI_
Applicant's Address ,
, S;'77~~ )
Business Name J-vc 1< y S LLc:..Phone 7(P 3 751. ':SS"'<J :3
,
Business Address /'3 (pi;' 0 C....'-':.... .j'll...........1 15/ vJ. NW- 1/t</l.Jc<X.t, /f1p<J
~ . <;; J--
Type of Business Conducted at Location """ ~ e...-e rv.~
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 Ordinance 227 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,
~
i *" )<(5
License Fee: $250,00 Receipt #: 5
ity Council Action: Approved Denied
License #d.6/6-000'15
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Consider Approval Application for Exempt Permit! Andover Huskies
Youth Hockey Association
DATE: April 20, 20 I 0
INTRODUCTION
Andover Huskies Youth Hockey Association has submitted an application for a raffle on
July 23, 2010 at Tanners Station.
DISCUSSION
Council can either a) approve the application with no waiting period; b) approve the
application with a 30 day waiting period; or c) deny the application,
ACTION REQUIRED
The City Council is requested to consider approval of the application with no waiting
period,
Respectfully submitted,
Lj~~
Michelle Hartner
Deputy City Clerk
Attach: Application
Minnesota Lawful Gambling
Page 1 of2 2/10
LG220 Application for Exempt Permit I Application fee for each event
If annlication nostmarked or received:
An exempt permit may be issued to a nonprofit organization that: less than 30 days
more than 30 days
_ conducts lawful gambling on five or fewer days, and before the event before
the event
- awards less than $50,000 in prizes during a calendar year. $100
$50
ORGANIZATION INFORMATION Check # $
OrQanization name VearN J-/tYkE'f j)ssAl Previous gambling permit number
;f/t/ DOt/Ell- l--Jt.(SlclE,5 ...73%'I.J
Type of nonprofit organization, Check one,
o Fraternal o Religious 0 Veterans [2(] Other nonprofit organization
Mailing address City State Zip Code Cou
ty
10,;( CJ-O JI ft/vSO,,1) 'IlL';/J;.JW A-iJOmII:::-/"Z- MAl 55304 fiNO K.A
Name of chief executive officer (CEO) Daytime phone number Email
address
rYA60N f./cmP t I'; -3-'1%-di ntJ J aSM~/.5ra..IJ-Ch O/J6'.l
'titn
Attach a copy of ONE of the following for proof of nonprofit status. Check one,
Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status,
D Nonprofit Articles of Incorporation OR a current Certificate of Good Standing,
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, SI. Paul, MN 55155 Phone: 651-296-2803
~ IRS income tax exemption [501(c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer
contact the IRS at 877-829-5500.
D IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
D IRS - proof previously submitted to Gambling Control Board
If you previously submitted proof of nonprofit status from the IRS, no attachment is required.
GAMBLING PREMISES INFORMATION
Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place)
/AtJ tJ 61e:5 Sr,4T1tJN
Address (do not use PO box) City
Zip Code County
/.!JC,,66/J1fr,enN !.5r AJU) .4,AvliXJ /,;07<- 0'~3t.)J1 ~N tI;c:.A
Date(s) of activity (for raffies, indicate the date of the drawing)
rj-,J,3-/0
Check the box or boxes that indicate the type of gambling activity your organization will conduct
o Bingo. ~Raffles o Paddlewheels. o Pull-Tabs. OTipboards.
* Gambling equipment for pull-tabs, bingo paper, tipboards, and I Also complete
J
paddlewheels must be obtained from a distributor licensed by the
Gambling Control Board. EXCEPTION: Bingo hard cards and bingo
Page 2 ofthis form,
number selection devices may be borrowed from another organization
I
authorized to conduct bingo. I
Print Form
To find a licensed distributor, go to www,gcb.state,mn,us and click on List I Reset Form I
of Licensed Distributors, or call 651-639-4076.
LG220 Application for Exempt Permit Page 2 of2 1/10
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
If the gambling premises is within city limits, If the gambling premises is located in a township, a
a city official must check the action that the city is county official must check the action that the county is taking
taking on this application and sign the application. on this application and sign the application.
A township official is not required to sign the application,
_The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period.
_The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting
period, and allows the Board to issue a permit after 30 period and allows the Board to issue a permit after 30
days (60 days for a 1st class city). days. '
_The applicatIon IS denied, _The application is denied.
. . Print county name
Print city name . .' . On behalf of the county, I acknowledge this application.
On behalf of the CIty, I acknowledge thiS applicatIon. Signature of county official receiving application
Signature of city official receiving application
Title Date I J
(Optional) TOWNSHIP: On behalf of the township, I
Title Date I I acknowledge that the organization is applying for exempted gambling
- - - activity wilhin township limits. [A township has no statutory authority
to approve or deny an application [Minnesota Statute 349,166)]
Print township name
Signature of township official acknowledging application
Title Date I J
CHIEF EXECUTIVE OFFICER'S SIGNATURE
The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the
financial report will be completed and ret~d to the BO~,I'f''!!:;..:O days of the date of our gambling activity,
Chief executive officer's signature / H-v"\. v \- ~ Date t/ -/ i.. /0
Complete a separate application f6"r each gambing activity: Financial report and recordkeeping required
- one day of gambling activity A fi . I rt < d' t ct' '11 b t 'th
.' .' . man Cia repo ,orm an Ins ru Ions WI e sen WI
- two or more consecutive days of gambling actiVity, your permit, or use the online fill-in form available at
_ each day a raffle draWIng IS held www.gcb.state.mn.us. Within 30 days of the activity date,
Send application with: complete and return the financial report form to the
_ a copy of your proof of nonprofit status, and Gambling Control Board.
- application fee for each event. Questions?
Make check payable to "State of Minnesota." Call the Licensing Section of the Gambling Control
T G bl' C t I B d Board at 651-639-4076.
0: am mg on ro oar
1711 West County Road B, Suite 300 South I I I I
Roseville, MN 55113 PriritForm Reset Form
This form will be made available in alternative the Boar~ wi}1 be a?le to process your ., information; Minnesota's Department of
f t (. I . t B '11) t organizatIon s application. Your organrzal1on s Public Safety. Attomey General'
orma I.e. arge pnn, ral e upon reques . d dd '11 bbl' ., t' ' ,
Data privacy notice:The information requested name an ,8 ress WI e pu Ie In.orma Ion Commissioners of Administration, Minnesota
th' f (d tt h t) '11 b d when received by the Board. All other Management & Budget and Revenue. .
on IS orm an any a ac men s WI e use ., . 'd d '11 b . d '1 "
by the Gambling Control Board (Board) to In,ormatlon provl e WI e pnvate ata untl Legislative Auditor, national and intemational
determine your organization's qualifications to the Board Issues the permIt. lJIAJen th.e Board gambling regulatory agencies; anyone pursuant
be involved in lawful gambling activities in Issues the permit, all InformatIon proVIded WIll to court order; other individuals and agencies
Minnesota. Your organization has the right to become public. If the Board does not Issue a specifically authorized by state or federal law to
refuse to supply the information requested; permIt, all information proVided rem~In~ pnvate, have access to the information; individuals and
however, if your organization refuses to supply With the exceptl~n of your or~amza~lon S ,name agencies for which law or legal order authorizes
this information, the Board may not be able to and addresswhlch Will remain public. Private a new use or sharing of information after this
d t . . t" I'fi t' data are available to. Board members, Board Notice was given' and anyone with yourwr'tten
e ermine your organlza Ion s qua 11C8 ,Ions staff whose work requires access to the . I
and, as a consequence, may refuse to Issue a consent.
permit. If you supply the information requested,
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: James Dickinson, City Administrator
Will Neumeister, Community Development Director
FROM: Courtney Bednarz, City Plann4
SUBJECT: Supplemental- Item 9, Consider Conditional Use PermitlHeight of Salt Storage
Facility/1833 Crosstown Blvd NW- Planning
DATE: April 20, 2010
INTRODUCTION
Please fmd attached draft Planning Commission minutes for the item listed above,
DISCUSSION
None
ACTION REOUESTED
Please add these materials to your packet.
Attachment
Draft Planning Commission Minutes
,,~:-
p"
. '
. f
...-.\.~ wJ ,
DRAFT
PLANNING AND ZONING COMMISSION MEETING -APRIL 13, 2010
The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to
order by Chairperson Daninger, on April 13, 2010, 7:00 p,m" at the Andover City Hall, 1685
Crosstown Boulevard NW, Andover, Minnesota,
Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Valerie
Holthus, Michael Casey, Tim Kirchoff, Devon Walton, and Lynae
Gudmundson
Councilmember absent: None
Also present: City Planner, Courtney Bednarz
Public Works Director/City Engineer, David Berkowitz
Others
APPRO V AL OF MINUTES
February 9, 2010
Motion by Walton, Seconded by Cleveland, to approve the minutes as presented. Motion carried on
a 6-ayes, O-nays, I-present (Casey), I-absent (Falk) vote,
PUBLIC HEARING: CONDITIONAL USE PERMIT 10-06 TOALLOWINCREASEDHEIGHT
FOR PROPOSED SALT STORAGE FACILITY AT 1833 CROSSTOWN BLVD NW.
Mr, Bednarz reviewed the proposal with the Commission,
Mr. Berkowitz presented additional background on the property, the location of the storage facility,
details about the construction materials of the facility, and the screening of the facility for the
neighboring properties,
Commissioner Gudmundson asked how trucks would access the property,
Mr. Berkowitz detailed the routes trucks could utilize to access the property at this time and he
outlines future potential routes,
Commissioner Kirchoff asked what color the canvas would be for the facility and what the bid
amount includes,
Mr, Berkowitz stated the bid would include the design and construction of the facility, The
- -
Regular Andover Planning and Zoning Commission Meeting DRAFT
Minutes - April 13, 2010
Page 2
canvas cover will be a beige color versus a white, This will blend in more with the surroundings
of the facility, In the summer months the facility will be cleaned and used to store mulch and
other materials used for summer maintenance projects in the City, Due to the potential for
rusting, equipment will not be stored in the facility,
Chair Daninger asked if there would be lights in the facility and if the facility would generate
noise in the wind based on the construction,
Mr. Berkowitz explained there would be lights in the facility and these would be used during
loading, The noise generated would be from the trucks entering and leaving the facility and
loading but the building itself would not generate noise on windy days,
Motion by Walton, seconded by Casey, to open the public hearing, Motion carried on a 7-ayes, 0-
nays, I-absent (Falk) vote.
Mr, Tom Hoopes 15336 Linnet Street NW, Andover, asked if the temporary cul-de-sac in this
neighborhood would remain a cul-de-sac and the temporary status removed. This would make
the salt storage facility less visible for this neighborhood, reduce some of the debris blowing into
the neighborhood, and reduce the noise generated at the facility, He expressed concerns about
the corrosive nature of salt and the salt blowing into the neighborhood,
Chair Daninger stated there was a possibility of this street becoming a through street in the
future, This would be something that would need to be brought to the City Council. The City
Council would be the governing body that would be able to make these changes, At this time the
Planning Commission is only considering the height of the building.
Mr, Zach Valder, 15325 Linnet Street NW, Andover, asked if the structure would be used for
other organic materials when salt was not being stored in the facility,
Mr, Berkowitz clarified the corrosiveness of the salts being stored in the facility would not be a
problem for neighboring structures as the salt would be contained in the facility, The facility will
be cleaned at the end of each season so that other materials can be stored inside during the
summer months, Although the facility cannot contain all of the materials a large portion of them
will be moved indoors during the summer months,
Mr, Berkowitz stated Staff is aware of the visual impacts of the facility for the neighbors to the
north and would continue working on the berm to minimize these impacts,
Motion by Walton, Seconded by Kirchoff to closed the public hearing at 7:28 p,m, Motion
carried on a 7 ayes, O-nays, I-absent (Falk) vote,
Commissioner Walton asked what the expected return on investment would be for this facility.
Regular Andover Planning and Zoning Commission Meeting DRAFT
Minutes - April 13, 2010
Page 3
Mr, Berkowitz stated the expected ROI is about six and a half years, Based on the construction
costs and operation costs it may be slightly longer than this, The canvas portion of the structure
has a life expectancy of twenty to twenty five years. The pavement and footings would have a
longer life expectancy and only the canvas would need to be replaced,
Chair Daninger restated the signs on Linette that identify this as a temporary cul-de-sac are there
so that residents are aware there is a possibility there would be a through road at this location in
the future, He suggested the residents of this neighborhood talk to the City Council regarding
their concerns,
Motion by Walton, Seconded by Casey to approve allowing the increased height of35 height for
the proposed salt storage facility located at 1833 Crosstown Blvd, NW, The motion carried on 7-
ayes, O-nays, I-absent (Falk) vote,
PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE
5-4 WEAPONS TO UPDATE HUNTING REGULATIONS
Mr, Berkowitz reviewed the proposal with the Commission, He clarified it was not the intention
ofthe City to prohibit hunting in the City but rather to clarify the regulations, He outlined the
points to be discussed:
1. Clarification of the hunting zones - determining a unique name for each zone
2, Potential for revision of zone boundaries - there are urban developments that are
encroaching on the current hunting zones
3, Definition section including definitions for compound and composite bow and a
proposal to classify muzzle loaders in the same definition as rifles which would
mean they can not be used in the City because the DNR sets a line where rifle
hunting can occur and this is north of the City
4, Minimum parcel size for hunting with shot guns: currently 10 acres in the
northern hunting zone and it has been proposed that this is not large enough to
hunt with a shot gun
5, Minimum firing distance from residents with a shot gun - currently there is a 500
foot minimum firing distance from structures which applies primarily to the
northern gold zone and also to goose hunting in the brown zones, there are
additional regulations and set backs for deer hunting in the brown zones
6. Minimum parcel size for bow hunting which is currently the minimum is at 2,5
acres in the hunting zones and there is no hunting in the lighter gold zones except
by special permission from the Council.
7, Minimum firing distance from residents for bow hunting which is currently 150
feet for bow hunting
8, The prohibited zone, which does not allow for hunting, except by special
permission from the Council. There has been interest in having some type of
hunting allowed in this area for wildlife management.
9, Allow hunting in these areas without permission from Council being required