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CC - August 4, 2010
C II T Y T O F D O I' L 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Regular City Council Meeting — Wednesday, August 4, 2010 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes( 7/20110 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Award Bid/10 -12/ Public Works Salt Storage Facility —Engineering 4. Award Bid/09- 18 /Hawkridge Park Reconstruction/Well (Supplemental) - Engineering 5. Approve Auditing Services Contract/HLB Tautges Redpath — Finance 6. Approve Therapeutic Massage Therapist License — Administration 7. Authorize Facility Management Budget/Emergency Backup Power — Finance 8. Approve Resolution/ Approving License Agreement /Hidden Creek North/Clear Wireless — Administration 9. Approve Change Order # 1/ 10-0412010 Seal Coating - Engineering Discussion Items 10. Public Hearing/City Code Amendment to Apply Park Regulations to Open Space Properties - Planning 11. Public Hearing/City Code Amendment to Allow Lots at Least 2.375 Acres in Size to be Considered Equivalent to 2.5 Acre Lots for the Purposes of Interpreting the City Code — Planning 12. Public Hearing/City Code Amendment to Consider Changes to the Wind Turbine Ordinance- Planning Staff Items 13. Schedule August EDA Meeting - Administration 14. Administrator's Report -Administration Mayor /Council Input Closed Session — 2010 Public Works Union Contract Review/Discussion - Administration Closed Session — Open Space Land Purchase Negotiations — White Pine Wilderness - Administration Adjournment C I T Y O F ( J NDOVE ` // 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: August 4, 2010 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: July 20, 2010 Regular Meeting DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, l Michelle Harmer Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 REGULAR ANDOVER CITY COUNCIL MEETING —JULY 20, 2010 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 20, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: Director of Public Works /City Engineer, Dave Berkowitz City Planner, Courtney Bednarz City Administrator, Jim Dickinson Others PLEDGE OFALLEGL4NCE SPECL4L PRESENTATION— NORTHMETRO SOCCER ASSOCL4TION North Metro Soccer Association presented a check to the City for $100,000 to help with the reconstruction of Hawkridge Park in Andover. RESIDENT FOR UM No one wished to address the Council. AGENDA APPROVAL There were no changes. Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion carried unanimously. Regular Andover City Council Meeting Minutes —July 20, 2010 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 July 6, 2010, Regular Meeting: Correct as presented. Motion by Jacobson, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Approve Debt Service Payments Item 4 Accept Donation/North Metro Soccer Association/09- 18 /Hawkridge Park (See Resolution R057 -10) Item 5 Award Quote /10- 7/2010 Trail Maintenance & 10 -25, 2010 Parking Lot Maintenance Item 6 Approve Application for Exempt Permit/Andover Lions Item 7 Approve Dental Renewal and Employer Contribution Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFF 'SDEPARTMENTMONTHLYREPORT Captain Tom Wells from the Anoka County Sheriff's Office presented to the Council an update on law enforcement activities within the City. Mayor Gamache asked if there was any storm damage the Sheriff's Department was handling. Captain Wells stated there were a few minor things but nothing major to report. Mayor Gamache asked how the outdoor concert went at Pov's. Captain Wells noted they had a few minor complaints on both nights near the end of the night but by the time Pov's was contacted the music was already shut down. CONSIDER VARL4NCEI ACCESSORYSTRUCTUREHEIGHT /412016S VENUE NW Mr. Bednarz stated City Code 12 -6 prohibits the height of accessory structures from exceeding the height of the principal structure (house) in the R -1 Zoning District. The intent is to prevent accessory structures from detracting from the residential character of the neighborhood. Mr. Bednarz reviewed the information with the Council. Councilmember Jacobson wondered if they were suggesting they take a neighborhood and take the largest house and apply the ordinance to that house and spread it to everyone else. Mr. Bednarz did not think that was what they were doing. He thought they were looking at the most Regular Andover City Council Meeting Minutes —July 20, 2010 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 extreme example of the way the ordinance limits height. Councilmember Trude thought the reason why they had the rule was so that things blended into the neighborhood but most neighborhoods they were talking about you could see from one kitchen window to the next and this is certainly not that type of neighborhood. She stated the character of a rural neighborhood is a lot different than the character of a neighborhood with quarter acre lots. Councilmember Jacobson asked what the hardship is. Mr. Bednarz stated there are two hardships listed in the applicant's letter, tree cover and location of the proposed garage satisfies the intent of the ordinance which is to not have the accessory structure a dominant feature on the lot. It will not be visible from the street, which is one of the findings. The second is that they are the most limited in the height of an accessory structure they can build due to the fact they have an older rambler style home. Councilmember Jacobson thought after reviewing this item and watching the Planning and Zoning Commission meeting, the real reason for the height of the accessory structure is for an RV so if the RV was not parked in the structure would there be the height problem. Mr. Bednarz did not think there would be. Councilmember Jacobson asked if the City would the RV to be parked in the backyard. Mr. Bednarz stated that is correct. Councilmember Jacobson asked what the hardship would be then. Councilmember Trude agreed with what staff wrote indicating that if an ordinance does not allow you to use your property at least to the extent that other people in the neighborhood could, then there is a hardship and that a resident is being denied a property right everyone else in the neighborhood has. Councilmember Jacobson stated he is pointing out that an accessory structure could still be built to house all the accessories except an RV and still be in conformance with the ordinance. Councilmember Bukkila thought with this they meet the minimum standard for this type of building if it was located anywhere else. Motion by Bukkila, Seconded by Trude, to approve the proposed variance as presented. Councilmember Trude stated she did not have a problem with this variance when the neighbors approve this and it is totally hidden from view from everyone and it does deny them a property right. She thought this was an overly strict interpretation to not allow them the height. Mayor Gamache agreed and thought this is well screened from the road and is actually next to a neighbors shed that is bigger and he thought the height of their home was the only thing holding it up. Motion carried 4 ayes, 1 nay (Jacobson). (See Resolution R058 -10) Regular Andover City Council Meeting Minutes — July 20, 2010 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 CONSIDER VARL4NCEIBUILDING SETBACK FROM COUNTY ROAD1169 09 CROSSTOWN BOULEVARD NW Mr. Bednarz stated City Code 12 -3 -5 requires a 50 foot minimum building setback from county roads in the R -1 Zoning District. The applicant is requesting a reduction to 24 feet to allow construction of a garage addition to the existing home. Mr. Bednarz reviewed the information with the Council. Councilmember Trude stated the County has indicated Crosstown Boulevard will never expand and she wanted to know if this road is slated for expansion with the County in their twenty year plan. Mr. Berkowitz stated he had not seen this road in the County's twenty year plan. Motion by Knight, Seconded by Trude, to approve the proposed variance. Councilmember Jacobson asked if there is an garage attached to the house now and he wondered if there was one would it be remodeled if the new one is built. Mr. Bednarz stated there is an attached garage currently there. The applicant indicated the current garage would not be remodeled and is small. Councilmember Jacobson thought this was one they could be in favor for because of the right -of -way being expanded and the septic system being a hardship so he would support the motion. Councilmember Bukkila asked if there is any type of elevation issue if they were to shift this back rather than at the angle suggested. Mr. Bednarz stated there is some topography on the lot and he thought the home was the high point and drops down around the home and depending on how they angle the building they would need to shift if back to the existing driveway because the County will not allow another access onto Crosstown Boulevard. Mayor Gamache thought that was also part of the hardship for this item. Motion carried unanimously. (See Resolution R059 -10) RESIDENT]AL FORUM (CONTINUED) Mr. Gary Iskierka, 18071 Aztec Street and Ms. Kristine Volkman, 18091 Aztec Street, stated they were at the meeting representing their neighborhood in regard to trees that were down due to a recent storm in the area and they wondered if the City would help them come and pick up the brush the neighbors placed along the roadway. Mayor Gamache reviewed the previous storm clean up costs with the applicant and explained the City's policy regarding this and indicated the issue became the cost for clean up and if there was cleanup needed city -wide like a few years ago the City would help with the cleanup costs. Mayor Gamache stated this would cost them staff time and moving time and also would need to Regular Andover City Council Meeting Minutes —July 20, 2010 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 pay for disposal just like residents. He asked Mr. Berkowitz to estimate the cost. Mr. Berkowitz stated an estimate would be between $40,000 and $50,000 if the City were to get involved. Councilmember Jacobson asked what the neighbors would do if the City did not come and pick the brush up. Mr. Iskierka indicated he did not know and it is on easement property right now so would be at their convenience to clean it up. Councilmember Jacobson agreed with the Mayor regarding the costs and indicated that unless there was a City wide emergency of the nature they saw before he would be reluctant to authorize City staff to use equipment and pay the costs to clean up. Mr. Iskierka understood the City hardship regarding costs and stated they have been in northern Andover and never really asked for anything, but if they were denied this he would understand. Mr. Berkowitz reviewed with the Council the areas that received the most damage in the City done by the last storm. Mr. Dickinson explained what the City has offered to the different neighborhoods regarding storm clean up. Mayor Gamache hoped the resident understood the City's position budget wise and they will give the neighborhood ample time to clean up the area. Councilmember Trude asked staff to see if the County will work with the residents at the tree disposal site to get this cleaned up. Mayor Gamache thought they could have some discussion with their neighboring cities to contact the County to see what could be done. CONSIDER COMPREHENSIVE PLAN AMENDMENT /LAND USE CHANGE FROM AGRICULTURAL TO URBAN RESIDENTIAL LOW DENSITYIWOODLAND ESTATES S TH ADDITION Mr. Bednarz explained Woodland Development is requesting a land use designation change to allow the Woodland Estates 5 Addition to move forward. Mr. Bednarz reviewed the staff report with the Council. Motion by Jacobson, Seconded by Knight, to approve the proposed Comprehensive Plan Amendment with the following changes: After the last Whereas insert another Whereas " The Council finds that conditions have changed. Under the "Now Therefore It Be Resolved ", the very last line in the paragraph, "Amendment to the Comprehensive Plan subject to review Approva l by the Metropolitan Council ". Regular Andover City Council Meeting Minutes — July 20, 2010 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Mayor Gamache asked if this would be correct. Mr. Bednarz indicated the Met Council sends a letter back to the City indicating if they approved the project or not. City Attorney Baumgartner stated this works for him. Motion carried unanimously. (See Resolution R060 -10) CONSIDER REZONING FROM R -1 TO R- 41WOODLAND ESTATES 5 TH ADDITION Mr. Bednarz stated the Planning Commission is asked to review the proposed rezoning to allow the Woodland Estates 5 th Addition to move forward. Mr. Bednarz reviewed the information with the Council. Motion by Knight, Seconded by Bukkila, to approve the rezoning request. Councilmember Jacobson asked to add an item number 4 reading: "Subject to the Met Council approval of the Comprehensive Plan Amendment". Councilmembers Knight and Bukkila agreed to the amendment. Motion carried unanimously. (See Ordinance 395) CONSIDER PRELIMINAR Y PLA TIWOODLAND ESTATES 5' ADDITION Mr. Bednarz noted the Planning Commission is asked to review the proposed preliminary plat of Woodland Estates 5 th Addition. Mr. Bednarz reviewed the information with the Council. Councilmember Trude wondered if the Planning Commission comment about the tree preservation was even feasible since there are a lot of elevation and grading changes that have been done. She did not know if the trees would survive after that. She indicated her number one criteria would be to get the drainage done correctly on this and then to get trees planted if needed. Mr. Berkowitz agreed. Mr. Byron Westlund stated they have instructed their consultant to look at the drainage and tree preservation on the site but are committed to save as many trees as possible. Councilmember Jacobson indicated he had one concern regarding the field road at the north end of the plat and wondered how they planned to handle this. Mr. Westlund stated it would be handled the same way it was handled in the third addition. Regular Andover City Council Meeting Minutes —July 20, 2010 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Motion by Trude, Seconded by Knight, to approve the proposed preliminary plat. Motion carried unanimously. (See Resolution R061 -10) SCHEDULEAUGUST CITY COUNCIL WORKSHOP The Council is requested to schedule a Council Workshop for the month of August for a number of miscellaneous business items. Motion by Bukkila, Seconded by Trude, to schedule the City Council Workshop for August 24, 2010 starting at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, CIP Projects and development activity. MAYORICOUNCIL INPUT (Bluegrass Concert) — Trude stated they have the Bluegrass concert event coming up by the open area near Target and hoped to see a lot of the residents there enjoying the concert. (Fun Fest) — Mayor Gamache thanked everyone involved in the Fun Fest event. (Council Reports by Staff) — Councilmember Trude wanted to compliment Mr. Bednarz on his reports included in the Council packets. The Council recessed at 8:13 p.m. to go into a closed session to discuss 2010 Public Works Union Contract Review /Discussion and Open Space Land Purchase Negotiations — White Pine Wilderness. The Council reconvened at 9:01 p.m. to adjourn. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:01 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes —July 20, 2010 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JULY20, 2010 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 SPECIAL PRESENTATION — NORTH METRO SOCCER ASSOCIATION ............................. 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 Approve Debt Service Payments ................................................................. ............................... 2 Accept Donation/North Metro Soccer Association/09- 18/Hawkridge Park (See Resolution R057- 10) ................................................................................................ ............................... 2 Award Quote /10- 7/2010 Trail Maintenance & 10 -25, 2010 Parking Lot Maintenance ............. 2 Approve Application for Exempt Permit/Andover Lions ............................ ............................... 2 Approve Dental Renewal and Employer Contribution ................................ ............................... 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT .... ............................... 2 CONSIDER VARIANCE /ACCESSORY STRUCTURE HEIGHT /4120 165' AVENUE NW (See Resolution R058 -10) ........................................................................... ............................... 2 CONSIDER VARIANCE /BUILDING SETBACK FROM COUNTY ROAD /16909 CROSSTOWN BOULEVARD NW (See Resolution R059 -10) ................ ............................... 4 RESIDENTIAL FORUM (CONTINUED) ..................................................... ............................... 4 CONSIDER COMPREHENSIVE PLAN AMENDMENT /LAND USE CHANGE FROM AGRICULTURAL TO URBAN RESIDENTIAL LOW DENSITY /WOODLAND ESTATES 5 TH ADDITION (See Resolution R060- 10) ............................................... ............................... 5 CONSIDER REZONING FROM R -1 TO R -4 /WOODLAND ESTATES 5 TH ADDITION (See Ordinance395) ............................................................................................ ............................... 6 CONSIDER PRELIMINARY PLAT /WOODLAND ESTATES 5 TH ADDITION (See Resolution R061- 10) ...................................................................................................... ............................... 6 SCHEDULE AUGUST CITY COUNCIL WORKSHOP ............................... ............................... 7 ADMINISTRATOR REPORT ........................................................................ ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 BluegrassConcert ........................................................................................ ............................... 7 FunFest ....................................................................................................... ............................... 7 CouncilReports by Staff ............................................................................. ............................... 7 ADJOURNMENT............................................................................................ ............................... 7 9 C I T Y 0 F NDOVE A 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 D FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: August 3, 2010 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $155,083.97 on disbursement edit list #1- 4 from 07/21/10 — 07/30/10 have been issued and released. Claims totaling $50,257.82 on disbursement edit list 45 dated 08/03/10 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 REQUESTED The Andover City Council is requested to approve total claims in the amount of $205,341.79. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists a w r �o I � T .-- O C� U � U Y o � U U U v 00 O O m N 0� b Y y C 0 U O s w m Y z U w R Q w d R Qy d O 0 s O O a U d q z 'o C 0 0 r W U d ai N C N � O N O � x �o U O O N N h O O O 0 0 0 0 0 0 i 0 U a z w U U � C U � b O rTi � -8 wUU C 0 N 0 b d � o 0 z b 0 r W U d N 0O U � � N 0 O � x �o � O U � O_ O N N r O O O 00 00 00 00 00 0 U `v b 0 U 3 yyy O ,D O 4 _ F o 0 x � H�U H N 0 x 0 0 c O N O 0 0 0 U (� 4, � p U w � w z 00 A! 0 0 N O a 0 0 a, U u U 4 0 U R a � O H �1 U c� 0 O O U � U U � U U I 0 N a O 0 N U N b h � b c � w u d L W a 4 V A e z u ai .r R A LA ti V a T QI d O O c 0 c. V d A z U 'o 0 0 z W x .0 U � C �D gy p- O xd � o U c+ O O N N r O O O O O O O h h b O O O O N U w z u U 0 C1 . bq �O xC7U L 0 b O .. O N O r- ;4 x U �U '4 w up U w° Z 0 0 .. H F" a w U _ �1 4-- O 0 � U 0 U U U a. N [!1 M P4 L 7 z w v d w Q A d CC QI O O O Q d �1 0 z w U �o .. 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N N N N N O O � O O O O E '� O W 00 00 00 W 00 O 00 O O O O O O O > o O O O O 00 00 D7 W 00 �O r n O\ r M M N N O O O O w 00 I 66 I lG O\ M O CD V 00 I o0 00 O o O O 00 00 M M o b OMi C4 C14 N b O O O b N N ^ M M � b • b b w b t- 0 0 0 0 � q c o ~ M UU V U U U p U U U U 0 q •Op rj U r- ctl �i ' 'O U Fri Cli Fri Ri ctl ,�' 'b P. p P. fs. p.., U : a P. . 3 3 3 � � m� a � 3 a "•" e�i E '� O � 09 N .0 drnU a� cd t UxU xxwU E'" ca cd ctl .G 7 ❑ ,� F' W U .0 U O > o e d U H � o 00 00 '9 b OMi C4 C14 N b O O O b 0 b r r h N O h x U u Chi U w U w 0 w Z a� F h N M O O N O\ N O a O 0 P. x U Y 3 O • �� - 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 ks /City Engineer SUBJECT: Award Bid/10- 12/Public Works Salt Storage Facility — Engineering DATE: August 4, 2010 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 10 -12, Public Works Salt Storage Facility. DISCUSSION The bid opening was held on July 27, 2010. The two bids received are as following: Contractor Bid Amount Greystone Construction Co. $114,864.00 Structural Buildings, Inc. $160,498.00 Engineer's Estimate $110,000.00 BUDGETIMPACT The entire project is estimated to be $165,000 and will be funded from the City's Building funds. Although this bid exceeds the Engineer's estimate the entire project will come in within budget. ACTION REQUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract to Greystone Construction Company in the amount of $114,864.00 for Project 10 -12, Public Works Salt Storage Facility. Respectfully submitted, David D. Berkowitz Attachments: ResolutionK" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 10 -12, PUBLIC WORKS SALT STORAGE_ FACILITY WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 046 -10 , dated June 1 , 2010 bids were received, opened and tabulated according to law with results as follows: Greystone Construction Company $114,864.00 Structural Buildings, Inc. $160,489.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Grevstone Construction Companv as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Grevstone Construction Companv in the amount of $114,864.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a regular meeting this 4 th day of August , 2010 with Council members of the resolution, and Council members against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: voting in favor voting Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk a . 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US TO: Mayor and Council Members CC: FROM: SUBJECT: DATE: Jim Dickinson, City Administrator David D. Berkowitz, Director of F igineer Award Bid /09- 18/Hawkridge Park Reconstruction /Well (Supplemental) - Engineering August 4, 2010 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 09 -18, Hawkridge Park Reconstruction/Well. DISCUSSION Bids will be received on Monday, August 2nd. Bid results will be included in the supplemental item that will be provide the night of the City Council meeting. Respectfully submitted, David D. Berkowitz 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator / Finance Dire( Lee Brezinka, Assistant Finance Director Approve Auditing Services Contract/HLB Tautges Redpath August 3, 2010 0 INTRODUCTION The City is required to have an independent audit conducted annually. The contract for auditing services with the City's current auditing firm, HLB Tautges Redpath, expired, as the audit work was complete for the year- end, December 31, 2009. DISCUSSION Administration and Finance are recommending that the City renew the contract with HLB Tautges Redpath. The City has had an excellent working relationship with this firm, and has been very please with the quality of the firm's auditing services. 11LB Tautges Redpath has been instrumental in assisting the City in achieving the GFOA Excellence in Financial Reporting Award and the fees proposed are consistent with past year's audits. BUDGETIWACT The fees will be $34,000, $35,500 and $36,600 for the years ending December 31, 2010, 2011, and 2012, respectively plus out of pocket costs. The proposed 2011 Budget provides for these fees. ACTION REQUESTED The Andover City Council is requested to approve the attached Auditing Services Contract with HLB Tautges Redpath. Respectfully submitted, n Lee Brezinka Attachment Tautges Redpath, Ltd. Certified Public Accountants and Consultants July 19, 2010 City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 We are pleased to confirm our understanding of the services we are to provide the City of Andover, Minnesota for the years ending December 31, 2010, 2011 and 2012. The scope of services includes the following: • We will audit the financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Andover, Minnesota as of and for the years ending December 31, 2010, 2011 and 2012. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD &A), to supplement the City of Andover, Minnesota's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City of Andover, Minnesota's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: • Management's discussion and analysis • Budgetary comparison schedules presented as RSI • Modified approach information presented as RSI • Schedule of funding progress - OPEB 4810 White Bear Parkway White Bear Lake, Minnesota 55110 I 651 426 7000 651 426 5004 Fax I www.hlbtr.com HLB Tautges Red path, Ltd. s a member ot®t International, 8 world -wide organization of accounting firms and business advisors. I Equal Opportunity Employer City of Andover Contract for Auditing Services Page 2 Supplementary information other than RSI also accompanies the City of Andover, Minnesota's financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1. Combining and Individual Fund Statements and Schedules 2. Supplementary Financial information The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance: • Introductory section • Statistical section • State Legal Compliance Audit • Preparation of separate Management Letter. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements taken as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America, the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the minimum procedures for auditors as prescribed by MS 6.65, and will include tests of the accounting records of the City of Andover, Minnesota and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit, or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions 1384210.1 City of Andover Contract for Auditing Services Page 3 of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the City Council, others within the entity, and specific legislative or regulatory bodies, and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City of Andover, Minnesota is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. Management is responsible for establishing and maintaining effective internal controls, including monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business -type activities, the aggregate discretely presented component units each major fund, and the aggregate remaining fund information of the City of Andover, Minnesota and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and 1384210.1 City of Andover Contract for Auditing Services Page 4 appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report on the supplementary information in any document that contains and indicates that we have reported on the supplementary information. You also agree to present the supplementary information with the audited financial statements. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. You are responsible for management decisions and functions. As part of our audit, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of all proposed entries and the impact they have on the financial statements. Audit Procedures — General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. 1384210.1 City of Andover Contract for Auditing Services Page 5 Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures - Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures — Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Andover, Minnesota's compliance with the provisions of applicable laws, regulations, contracts, agreements and grants. However, the objective of our audit will not be to provide an opinion on overall 1384210.1 City of Andover Contract for Auditing Services Page 6 compliance, and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. The Minnesota Legal Compliance Audit Guide for Local Government requires that we test whether the auditee has complied with certain provisions of Minnesota Statutes. Our audit will include such tests of the accounting records and other procedures as we consider necessary in the circumstances. Audit Administration, Fees and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City of Andover, Minnesota; .however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of HLB Tautges Redpath, Ltd. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to certain regulators or grantor agencies for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of HLB Tautges Redpath, Ltd. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the grantor agency(ies). If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We agree that our fee for these services including expenses (such as travel, postage, etc.) will not exceed $34,000 for 2010; $35,500 for 2011 and $36,600 for 2012. The fees for 2011 and 2012 assumes no significant changes in accounting or auditing standards other than GASB 54. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all 1384210.1 City of Andover Contract for Auditing Services Page 7 time expended and to reimburse us for all out -of- pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel, completion of workpapers per the City to Prepare list by your personnel, completed and internally reviewed CAFR available on the first day of final fieldwork and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards requires that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports or letters of comment received during the period of contract. Our 2007 peer review report accompanies this letter as Appendix A. We are pleased to report that we did not receive a letter of comment. We appreciate the opportunity to be of service to the City of Andover, Minnesota and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, HLB TAUTGES REDPATH, LTD. Peggy A. Moeller, CPA Response This letter correctly sets forth the understanding of the City of Andover, Minnesota: By: Title: Title: 1384210.1 4455 W cam Rwd $41W gm PboenkAftaw a x.6040 AppendfmA Pale 2 of 2 8:;W eB- znk .7#at. 1W i. F € . iii' TT Y ` 0 F )OVE 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 Administr, FROM: Michelle Harmer, Deputy City SUBJECT: Consider Approval of Therapet DATE: August 4, 2010 INTRODUCTION Sarah Berg has applied for a Therapeutic Massage Therapist License. DISCUSSION nse Ms. Berg intends to work as a therapeutic massage therapist at Health & Healing Family Chiropractic, 1883 Station Parkway NW. The application has been completed, the fee paid and Ms. Berg has supplied her certificate stating that she has successfully completed at least 500 hours of instruction. The Sheriffs office has completed a background investigation on Ms. Berg that came back satisfactory. ACTION REQUIRED Council is requested to consider approval of a Therapeutic Massage Therapist license for Ms. Berg for the period of August 5, 2010 through December 31, 2010. Respectfully submitted, LfcGLCJL`�1��71L Michelle Harmer Deputy City Clerk Attach: License Application 07/22/2010 14:26 07/20/2010 23:38 7637674679 7637550923 ANOKA CO SHER PATROL CITV OF ANDOVER 1686 CROSSTOWN UOULEVARD N.W.. ANDOVER, MINNESOTA 55304 * (763) 755.5100 PAX (783) 765 -8923 . WWW.CLANOOVER.MN.US Therapeutic Massage Therapist License Application Pursuant to City Code M the following information must be provided prior to approval: PAGE 02/03 PAGE 02/03 1.. Nome of Applicant �"�' � li'"" � rust Middle last 2. Applicant's Da of B#rd - t (mvatbe z8 ysar4 O ld) 3. Telephone Number of Applicant e 4. Home Address of AppRcant - - n 5. 1 will be worktn1 as a massage therapist at: I - _ a Residential H ome. Pr ov ide address & legal description of home `�,C.� , - W ' --�(-'a Business. Provide address of business 5�,.•� ' r-I ,,, tly 6. Number of years experience a 9 a viassa.ge therapist - -- JX j` 5 7. previous employtnent as a. massage therapist (list tame, addrCSs and position held: t S f�� M g ! Afc� I�A�Au C.ro� ar 4 . rG�r Cosh �F F-0. ra W-6 a r']'lOfJ— lG -".n . .5L " .2 yxd- 07/22/2010 14:26 7637674679 ANOKA CO SHER PATROL PAGE 03/03 07/20/2010 23:38 7537558923 CITY OF ANDOVER PAGE_ 03/03 8. 17escription of any criine or other offense,1xicluding the time, place, date, and. disposition for which the applicant has been arrested and convicted: �JA_ _ _ Provide a statement as to whether the applicant has had any License denied, revolted or suspended in the City of AxIdover or the State of Minnesota, the rcasoii therefore, and the business activity or occupation of the applicant subsequerlt , to such suspension,, revocation or denial. (Attach separate sheet) FtiMish proof of graduating frorn a school of thexapeutie 1 with a core cuXriGUlUM of at least 500 hours of ,In- class, teacher, supervised i.rlstruction o which no more than 200 hours shall be dWcal training. Prior, to consideration of the application an investigation shall be made by the county sheriff's department of all persons listed on the license applications, fipnnh�re of 5p110 Date �RRRRR ■ ■ww���y Yw R *RMMARNw RRRRRRR Rw RARAR R/R I1wRRR RR1111RRRR�R- R�RYRRRRRRRMa M assage r Merapist Application,Fee, $175.00'A,nnually (includes inwestigatioA. fee) Receipt # ` 06-66A'2> Date pai 7-,) Anoka County Sheriff. TsA, pprove . _Deny City. Cleik: Approve Deny City Council: Approve Deny Fy 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: Mayor and Councilmembers Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Authorize Facility Management Budget — Emergency Backup Power DATE: August 2010 07 INTRODUCTION City Council is requested to authorize staff to make the necessary improvements to the emergency power operations for City Hall and Public Works. DISCUSSION During the last power outage it was determined that a few additional facility areas should be online with backup power during these outages to provide effective and efficient services. At City Hall, the cable /tv room should be included to allow emergency broadcasting if necessary. In addition, the cooling unit for the network server room should be added. At Public Works, the entire building would be brought online to allow all areas to function properly including the maintenance garage and park's area. BUDGET IlvIPACT The improvement would be funded by the Building Fund Capital Projects Fund and Risk Management Internal Service Fund, not to exceed $15,000. ACTION REQUESTED The Andover City Council is requested to authorize staff to make the necessary improvements to the emergency power operations, not to exceed $15,000. Respectfully submitted, Lee Brezinka I 9 x f b w 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJHECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Approve Resolution/ Approving License Agreement with Clear Wireless LLC/Hidden Creek North Park August 4, 2010 INTRODUCTION The City Council had approved a license agreement with Clear Wireless LLC for space in Hidden Creek North Park for the purpose of constructing, operating and maintaining a monopole telecommunication tower within the land on May 18, 2010. Since that approval Clear Wireless LLC has requested some minor changes in the attached agreement ( #4Consideration, #19 Additional Costs, & #26 Assignment), changes that are acceptable to City Administration. DISCUSSION The attached agreement with Clear Wireless LLC was a contingency of a recent CUP approval for wireless communication antenna placement in Hidden Creek North Park. The term of the Agreement would commence upon the date Clear Wireless LLC begins construction of the Tenant Facilities or six months following the date of full execution of the agreement, whichever first occurs and shall terminate on the fifth anniversary of the commencement date unless otherwise terminated as provided by the agreement. Clear Wireless would have the right to extend the term for four (4) successive five (5) year periods ( "Extended Terms ") on the same terms and conditions as set forth in the agreement. The Agreement shall automatically be extended for each successive Renewal Term unless either party notifies the other of its intention not to renew. The agreement calls for the payment of a license fee in the amount of $1,175.00 per month for the first year and the fee shall be increased on each anniversary off the Commencement Date by an amount equal to three percent (3 %) of the license fee for the previous year. The attached agreement is comparable in form and compensation with other agreements in the Twin Cities Metro area. The City Attorney has reviewed and provided comments on the License Agreement; those comments have been inserted into the agreement. ACTION REQUESTED The Andover City Council is requested to approve the attached resolution approving the license agreement with Clear Wireless LLC for the purpose of constructing, operating and maintaining a monopole telecommunication tower within Hidden Creek North Park. r y submitted, on Attachments CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A COMMUNICATION SITE LICENSE AGREEMENT FOR CONSTRUCTING, OPERATING AND MAINTAININ A MONOPOLE TELECOMMUNICATIONS TOWER WITH CLEAR WIRELESS, LLC IN HIDDEN CREEK NORTH PARK WHEREAS, Clear Wireless, LLC has requested and was approved (Res. No. 012 -10), subject to various conditions, a conditional use permit to install a wireless communication antenna array in Hidden Creek North Park, and; WHEREAS, the City Council placed a condition of approval that Clear Wireless LLC shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site; WHEREAS, City Administration has negotiated a license agreement (Attachment A) with Clear Wireless LLC for space in Hidden Creek North Park for the purpose of constructing, operating and maintaining a monopole telecommunication tower, and; WHEREAS, the City Attorney has reviewed and provided comments on the License Agreement; those comments have been inserted into the agreement, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the lease agreement (Attachment A) and directs the Mayor and City Clerk to sign and execute Attachment A, a Communication Site License Agreement with Clear Wireless LLC. Adopted by the City Council of the City of Andover on this 4 day of August, 2010 CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk W c ' ck VW kj LICENSE AGREEMENT This License Agreement ( "Agreement") made as of the day of 2010 ( "Effective Date "), between City of Andover, 1685 Crosstown Blvd NW, Andover, Minnesota 55304, a Minnesota municipal corporation, hereinafter referred to as "Grantor," and Clear Wireless LLC, 4400 Carillon Point, Kirkland, WA 98033, a Nevada limited liability company, hereinafter referred to as "Grantee." RECITALS: A. Grantor is the owner of certain real property located in Anoka County, State of Minnesota, and more particularly described in Exhibit A attached hereto (the "Property ") on which Grantee intends to construct a 75 -foot tall monopole telecommunications tower (the "Tower ") within the Land. B. Grantee desires a license to use portions of the Property, as described herein, for the purpose of constructing, operating, and maintaining a multi carrier communications facility ( "Facility") as depicted in the attached Exhibit B. NOW THEREFORE, in consideration of the mutual covenants between Grantor and Grantee and of the benefit which will inure to each party from the execution of this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor and Grantee, the parties agree as follows: 1. License. Grantor hereby licenses to Grantee a portion of the Property as depicted in the attached Exhibit C, for the sole purpose of constructing the Tower and other improvements as identified in Section 5, on the terms and conditions set forth herein. 2. Term. The initial term of the License granted hereby shall be for five (5) years and shall commence upon either the date Grantee commences construction of the Tower or installation of the equipment on the Property; or 180 days from the execution of this Agreement, whichever occurs first. In the event such date falls between the 1" and 15'` of the month, this Agreement shall commence on the 1 s ` of that month and if such date falls between the 16` and 31" of the month, then this Agreement shall commence on the 1 st day of the following month (either of the foregoing being the "Commencement Date "). 3. Extended Terms. Grantee shall have the right to extend this Agreement and the License for four (4) additional five (5) year terms ( "Extended Terms "). This Agreement shall automatically renew for an additional Extended Term, unless Grantee provides written notice to Grantor of its intention not to renew at least six (6) months prior to the end of the Term or the then current Extended Term. 4. Consideration. Within fifteen (15) business days following the Commencement Date, and on the first day of each month thereafter, Grantee shall pay to Grantor, as and for consideration of this License, the sum of ONE THOUSAND ONE HUNDRED SEVENTY -FIVE and 00 /100 Dollars ($1,175.00) per month ( "License Fee "). License Fees for any fractional month at the beginning or at the end of the Term or Extended Term shall be prorated. License Fees shall be payable to Grantor at 1685 Crosstown Blvd. NW, Andover, Minnesota 55304; Attention: Finance. All of Grantee's monetary obligations set forth in this Agreement are conditioned upon Grantee's receipt of an accurate and executed W -9 Form from Grantor. License Fees shall be increased on each anniversary of the Commencement Date by an amount equal to three percent (3 %) of the License Fees for the previous year. Grantee may sublease or otherwise co- locate a third party upon a portion of the tower or the Premises with written notice to the Grantor. To the extent that an additional carrier or user intends to place its equipment at the Premises, Grantee agrees to remit fifteen (15 %) of the monthly fee received by such third party user or carrier ( "Revenue Share ") to Grantor as additional consideration. 5. Grantee's Use. Following the completion of construction, Grantee may use the following parts of the Property for the following uses, and the construction, maintenance, repair and replacement of the following (all of which are hereafter referred to as the "Improvements "): (a) The Tower shall be sufficient for the placement of Grantee's equipment and the equipment of up to three (3) additional carriers or users. (b) A 10' x 10' area of ground space beneath the Tower for the placement of Grantee's equipment cabinets, shelters, lines, cables, a generator or battery to be used in emergency situations. (c) Utility wires, cables, conduits and pipes underground and within that part of the Property described in Exhibit C attached hereto. (d) Right to ingress and egress 24 hours each day, seven (7) days a week, on foot or motor vehicle on and over that part of the Property from and to the Facility, as described in Exhibit C, for the purpose of inspecting, maintaining and repairing its Facility and related equipment, provided however, Grantor shall have the right, upon reasonable advance notice, to require Grantee to exercise its right of ingress and egress on and over a different part of the Property or other property as may be provided by or through Grantor. (f) A separately metered connection to the electric utility, which supplies electricity. All Improvements shall be at Grantee's expense and the Improvements, including antennas and equipment, shall be maintained in a reasonable condition and secured by Grantee. Grantee shall ensure that its use of the Property is consistent with all local, state and federal laws, ordinances, and regulations. 6. Exclusive and Non - Exclusive License. Grantee's License to use those portions of Grantor's Property denominated on Exhibit C as "Exclusive" (Exclusive Area ") of the Tower space and ground space shall be for the sole and exclusive use of Grantee, subject to Grantor's right to use the Exclusive Area for the purpose of maintenance of the Property. Grantee's License to use all other portions of Grantor's Property shall be non - exclusive, and Grantor shall, subject to Grantee's use provided for herein, have the right to use its Property and to authorize others to do so as Grantor, in its sole discretion, may determine. In the event that the use of the Property by others to whom Grantor may hereafter authorize such use constitutes an unreasonable or harmful interference with Grantee's use of the Property, Grantee may give notice to Grantor of such interference. If the interference is not corrected within thirty (30) days after the giving of such notice, Grantee may terminate this Agreement upon thirty (30) days written notice to Grantor or pursue any other remedy at law or in equity. 2 7. Utilities and Taxes. (a) Grantee will be responsible for installation and payment of all utilities required by its use of the Property. Grantee may, solely at its expense and subject to prior approval of Grantor, install or improve existing utilities servicing the Facility and may install an electrical grounding system or improve any existing electrical grounding system to provide the greatest possible protection from lightning damage to the Facility, as depicted in Exhibit B, hereto. Grantor will reasonably cooperate with Grantee's efforts to improve existing utilities on the Property for Grantee's use, or to connect the Facility to existing utilities on the Property, and Grantor will reasonably consider execution of any easement, right -of -way or similar agreement that Grantee or a utility service provider may reasonably request for any such purposes. (b) Grantee shall pay personal property or real estate taxes levied against or upon the Improvements or the Property. Grantor will provide to Grantee a copy of any notice of taxes or special assessments imposed upon the Improvements or Property as a result of the Improvements or use of the Property by Grantee, which Grantor may receive from any taxing authority. Subject to any and all limitations imposed by law, Grantee may contest, at its own expense, any such taxes or assessments. 8. Maintenance. All costs for maintenance of the Property that result from Grantee's use of the Property shall be paid promptly to Grantor by Grantee upon Grantor's incurring the cost thereof. Grantee hereby covenants and agrees that Grantee will not permit or allow any mechanic or materialman's liens to be placed on the Property. Notwithstanding the previous sentence, however, in the event any such lien shall be so placed on the Property, Grantee shall take all steps necessary to see that it is removed within thirty (30) days of its being filed. 9. Ownership of Improvements. (a) During the term of this Agreement and any Extended Term, ownership of the Improvements will remain in the Grantee. Upon termination of this Agreement for any reason, including expiration of the Term or an Extended Term, Grantee shall , not less than sixty (60) days from the termination of this Agreement or the effective date of notice, remove the Improvements, except that Grantee shall not be required to remove foundations or footings of the Tower more than 2 feet below grade level and shall restore the Property from which they have been removed to its condition at the commencement of the Term. Prior to the Commencement Date, Grantee, at its sole cost and expense, will procure and deliver to Grantor a removal bond in favor of Grantor in the principal amount of Ten Thousand and 00 /100 Dollars ($10,000.00) to secure Grantee's obligation to remove the Improvements. Said bond will be in a form and from a financial institution reasonably acceptable to Grantor. In the event Grantee fails to remove the Improvements required to be removed within the time or times provided, Grantor may do so. Grantee shall reimburse Grantor for all reasonable costs incurred by Grantor to remove the Improvements and restore the Property. Grantor may draw from the bond so much thereof as will reimburse Grantor for its costs. Any amount remaining will be refunded to Grantee. If the bond is insufficient to cover Grantor's costs, Grantee shall promptly pay to Grantor the deficiency. 3 10. Defense and Indemnification. (a) General. Grantee shall defend, indemnify and hold harmless Grantor and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, causes of action and liens, including reasonable attorneys' fees and other costs and expenses of litigation (i) which may be asserted against or incurred by Grantor or for which Grantor may be liable based upon the negligent or willful actions or omissions of Grantee in the performance of this Agreement, except those which arise from the negligence or willful acts of Grantor, its employees, agents or contractors, and/or (ii) arising out of Grantee's negligence in the installation, operation, use, maintenance, repair, removal of Grantee's Improvements on the Property. Grantor shall defend, indemnify and hold harmless Grantee and its elected officials, officers, employees, agents, and representatives, from and against any and all claims, costs, losses, expenses, demands, actions, causes of action and liens, including reasonable attorneys' fees and other costs and expenses of litigation (i) which may be asserted against or incurred by Grantee or for which Grantee may be liable based upon the negligent or willful actions or omissions of Grantor in the performance of this Agreement, except those which arise from the negligence or willful acts of Grantee, its employees, agents or contractors, and/or (ii) arising out of Grantor's negligence in the operation, use, maintenance, or repair of Grantor's Property or Grantor's use of the Property. (b) Hazardous Materials. Without limiting the scope of Subparagraph 10(a) above, Grantee will be solely responsible for and will defend, indemnify, and hold Grantor, its agents, and employees harmless from and against any and all claims, costs, and liabilities, including reasonable attorney's fees and costs, arising out of or in connection with the cleanup or restoration of the Property resulting from Grantee's use of Hazardous Materials. For purposes of this Agreement, "Hazardous Materials" shall mean: Any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic substance, pollutant, contaminant, or other similar term, by any federal, state or local environmental statute, regulation, order or ordinance, including, without limitation, asbestos and petroleum products. Grantee shall not be responsible for handling, removal, or treatment of any Hazardous Materials, hazardous substance or hazardous wastes which is present prior to the delivery of the Premises to Grantee, or which is brought onto the Grantor's Property by some party outside the control of Grantee, and no costs incurred in connection with the clean-up, removal, or treatment of such pre - existing Hazardous Materials, hazardous substances or hazardous wastes shall be allocated to Grantee. (c) Grantee's Warranty. Grantee represents and warrants that its use of the Property will not generate and Grantee will not store or dispose of on the Property, nor transport to or over the Property, any Hazardous Materials in violation of applicable law. The obligation of this Paragraph 10 shall survive the expiration or other termination of this Agreement. (d) Grantor's Warranty. Grantor represents and warrants that it has no knowledge of any Hazardous Materials on the Property in violation of any applicable law. 11. Insurance. 4 (a) General Liability. Grantee shall maintain an occurrence form commercial general liability insurance coverage. Such coverage shall include, but not be limited to, bodily injury, property damage — broad form, and personal injury, for the hazards of Premises /Operation, broad form contractual liability, independent contractors, and products /completed operations. Grantee shall maintain aforementioned commercial general liability coverage with limits of liability not less than $1,000,000 each occurrence; $2,000,000 personal injury; $2,000,000 general aggregate, and $2,000,000 products and completed operations aggregate. These limits may be satisfied by commercial general liability coverage or in combination with an umbrella or excess liability policy, provided coverages afforded by the umbrella or excess policy are no less than the above stated limits. (b) Grantee Property Insurance. Grantee shall keep in force during the Term and any Extended Term a policy covering damages to its Facility at the Property. The amount of coverage shall be sufficient to replace the damaged Facility, loss of use and comply with any ordinance or law requirements. (c) Hazardous Materials Coverage. Grantee must carry coverage for damage caused by Hazardous Materials. (d) Excess Liability. Grantee shall maintain an excess or umbrella liability policy with a combined single limit of $5,000,000.00 per occurrence. (e) The insurance policies noted in this Section 11 shall be issued by a company (rated A- or better by Best Insurance Guide) licensed to do business in the state of Minnesota, and the liability policies that Grantee is required to maintain pursuant to this Agreement shall name the Grantor as an additional insured. The insurance polices shall provide that the Grantee's coverage shall be the primary coverage in the event of a loss. A certificate of insurance evidencing all insurance that Grantee is required to maintain pursuant to this Agreement, together with an endorsement that names Grantor as an additional insured under the liability policies that Grantee is required to maintain pursuant to this Agreement, must be provided to the Grantor before Grantee, or any party acting on Grantee's behalf or at Grantee's behest, enters the Property for the purpose of constructing or placing any Facility or related material on the Property. The Certificate(s) shall also provide that the coverage(s) may not be canceled, non - renewed, or materially changed without thirty (30) days prior written notice to Grantor. 12. Temporary Interruptions of Service. When Grantor reasonably determines that continued operation of Grantee's Facility would cause or contribute to an immediate threat to the public (including maintenance and operating personnel) health and/or safety, Grantor may, without prior notice to Grantee, cause discontinuance of operation of Grantee's Facility or may order Grantee to discontinue its operation. Discontinuance of Grantee's operation shall include, but not be limited to, shutting down the transmission of electromagnetic waves or impulses to or from the Facility. Grantee shall immediately comply with such an order. Operations shall be discontinued only for the period that the immediate threat exists. If prior notice is not given to Grantee, Grantor shall notify Grantee as soon as possible after its action and give its reason for taking the action. Grantor shall not be liable to Grantee or any other party for any interruption in Grantee's service or interference with Grantee's operation of its 5 Facility provided such action was taken in good faith. If the discontinuance shall extend for a period greater than three consecutive days, Grantee shall have the right to terminate this Agreement, within its sole discretion, upon providing written notice to Grantor of its intent to do so. Any license fees paid by Grantee for any period of time after the date of termination under this Paragraph 12 shall be refunded to Grantee. Notwithstanding anything to the contrary in this Agreement, Grantor acknowledges and agrees that the FCC is the only party that has jurisdiction over the health effects and permissible exposure levels of wireless communications facilities. 13. Interference with the Property. Grantee shall not interfere with Grantor's use of the Property (and others to whom Grantor has granted the use of the Property prior to installation of Grantee's Facility) and agrees to cease all such actions which unreasonably and materially interfere with Grantor's or other's use of the Property no later than thirty (30) days after receipt of written notice of the interference from Grantor. If the interference cannot be eliminated within said thirty (30) days, either Grantor or Grantee may at its option terminate this Agreement immediately without penalty. 14. Interference with Communications. Grantee's use and operation of its Facility shall not interfere with the use and operation of other communication facilities of Grantor currently installed. If Grantee's Facility causes interference, Grantee shall take all measures necessary to correct and eliminate the interference. If the interference cannot be eliminated within 48 hours after receiving Grantor's written notice of the interference, Grantee shall immediately cease operating its Facility and shall not reactivate operation, except intermittent operation for the purpose of testing, until the interference has been eliminated. If the interference cannot be eliminated within thirty (30) days after Grantee has received Grantor's written notice, Grantor may at its option terminate this Agreement immediately upon written notice to Grantee. 15. Additional Covenants. Grantee shall (a) use natural gas or propane for energy to power an engine if a permanent generator is to be installed on the Property, (b) not, without Grantor's prior written consent, remove, cut or trim any trees or other vegetation on the Property, and (c) replace, with like kind and size, significant trees lost or reasonably anticipated to be lost as a result of construction of the Improvements upon the Property in a location as determined by Grantor. 16. Default. The following shall constitute an event of default by Grantee ( "Grantee's Default "): (a) Grantee's failure to pay fees or other amounts due hereunder within fifteen (15) days after receiving written notice of such failure from Grantor. (b) Grantee's failure to observe or perform any non - monetary covenant or condition contained in this Agreement within thirty (30) days after written notice to Grantee specifying such failure and requiring Grantee to remedy the same; provided, however, the non - monetary covenant or condition failed to be observed or performed is not governed by a different time frame for response in this Agreement; and provided further, that Grantee will not be in a non - monetary default hereunder if it commences curing such default within such thirty (30) day period and thereafter diligently prosecutes the cure to completion with all reasonable expediency. (c) The adjudication of Grantee as bankrupt by a court of competent jurisdiction, or the entry by such a court of an order approving a petition seeking reorganization of Grantee under the Fol federal bankruptcy laws or any other applicable law or statute of the United States of American or any State thereof, or the appointment by such a court of a trustee or receiver or receivers of Grantee or of all or any substantial part of its property upon the application of any creditor in any insolvency or bankruptcy proceeding or other creditor's suit in each case, the order or decree remains unstayed and in effect for ninety (90) days. (d) The filing by Grantee of a petition in voluntary bankruptcy or the making by it of a general assignment for the benefit of creditors or the consenting by it to the appointment of a receiver or receivers of all or any substantial part of the property of Grantee; or the filing by Grantee of a petition or answer seeking reorganization under the federal bankruptcy laws or any other applicable law or statute of the United States of America or any State thereof; or the filing by Grantee of a petition to take advantage of any debtor's act. 17. Remedies. Upon either party's uncured default, the other party shall be entitled to seek any available remedy at law or in equity, and shall be entitled to terminate this Agreement as provided herein, seek specific performance, and/or seek damages. The exercise of one or more of such remedies by either party shall not be deemed an election or waiver of the right to exercise any other remedy. 18. Duty to Repair. At its sole cost and expense, Grantee shall have the duty and obligation to keep the Tower, Facility and Improvements in good condition and repair and in compliance with applicable federal, state and local laws, rules, regulations, codes and ordinances. Grantor shall have no duty or obligation to keep, maintain, repair, restore, replace or modify any of Grantee's facilities, fixtures, personal property or improvements located thereon or therein. 19. Additional Costs. Grantee shall reimburse Grantor for Grantor's reasonable engineering costs if the engineering costs are directly related to Grantee's Facilities, Improvements, and use of the Property. Grantee shall also reimburse Grantor for all specific and identifiable legal expenses incurred by Grantor relating to the drafting and review of this License Agreement. It is agreed that said additional costs shall not exceed the sum of Five Thousand and 00 /100 Dollars ($5,000.00). Grantor agrees to provide documentation to substantiate such costs. 20. Termination. In addition to Grantor's right to terminate this Agreement pursuant to Section 16 hereof, Grantor shall have, and reserves the right without any penalty to Grantee, in its sole discretion, to terminate this Agreement at any time if: (a) a licensed structural engineer determines that the Tower is structurally unsound for use as a Tower for any reason, including, but not limited to, considerations related to the age of the structure, damage to or destruction of all or part of the Tower or the Property from any source, or factors relating to the condition of the Property; provided, however, that Grantor shall provide Grantee at least one (1) year's prior written notice of any termination pursuant to this subsection 20(a). Said one (1) year prior written notice of any termination shall not be required if, based upon the determination of a licensed structural engineer, the Tower poses an immediate health and/or safety threat to persons or property; or (b) Grantee does not commence installing the Improvements within Twelve (12) months of the Commencement Date 7 (c) Grantee shall have the right to terminate this Agreement on thirty (30) days prior written notice if Grantee is unable to reasonably obtain or maintain any certificate, license, permit, authority or approval from any governmental authority, thus, restricting Grantee from installing, removing, replacing, maintaining or operating the Facilities or using the Property in the manner contemplated by this Agreement, or upon at least ninety (90) days prior written notice if Grantee determines that the Property or Facility are unnecessary or inappropriate for Grantee's operations for economic or technological reasons. Upon termination of this Agreement pursuant to Grantor's or Grantee's right to terminate this Agreement as provided herein or upon expiration of the Term or any Extended Term, the parties' obligations under this Agreement shall cease, except for Grantee's obligations with respect to Sections 9, 10 and 11 of this Agreement, and Grantee's obligation to make payment of any amounts to which Grantor is entitled at such time. Termination shall not relieve Grantee of any liability by way of damages to the Property to which Grantor may be entitled upon Grantee's Default hereunder. 21. Limitation of Liability. Notwithstanding anything to the contrary in this License, in no event will either party be liable to the other party for, or indemnify the other party against, punitive, indirect, incidental, special or consequential damages, including, without limitation, loss of profits, income or business opportunities. 22. Condemnation or Destruction. In the event the whole of the Property, or any portion thereof, is damaged by casualty to the extent that it can no longer serve its intended purpose under this Agreement, or taken by eminent domain, this Agreement shall terminate as of the date of the damage or the date that title to the Property vests in the condemning authority. In the event a portion of the Property is damaged by casualty to the extent that it can no longer serve its intended purpose under this Agreement, or taken by eminent domain, either party shall have the right to terminate this Agreement as of said date of title transfer, by giving thirty (30) days written notice to the other party. In the event of any taking under the power of eminent domain, Grantee shall not be entitled to any portion of the award paid for the taking and the Grantor shall receive full amount of such award. Grantee hereby expressly waives any right or claim to any portion thereof. Although all damages, whether awarded as compensation for diminution in the value of this Agreement or the fee of the Property, shall belong to Grantor, Grantee shall have the right to claim and recover from the condemning authority, but not from Grantor (unless Grantor is the condemning authority), such compensation as may be separately awarded or recoverable by Grantee on account of any and all damage to Grantee's business and any costs or expenses incurred by Grantee in moving/removing its Improvements. 23. No Representation or Warranty — Conditional Grant. Grantor makes no representation or warranty regarding the condition of its title to the Land or its right to grant to Grantee the License. Grantee is entering into this Agreement and the use of the Land is subject to Grantee's own investigation and acceptance therefore "as is." Grantee's rights granted pursuant to this Agreement are subject to and subordinate to all limitations, restrictions, and encumbrances relating to Grantor's interest in the Land that may affect or limit Grantor's right to grant those rights to Grantee. If Grantor does not have right to 8 grant to Grantee the License hereunder, and Grantee is liable to another party for its lease of the Property, then Grantor shall reimburse Grantee all license fees and rents paid by Grantee. 24. Entire Agreement. This Agreement contains all agreements, promises and understandings between Grantor and Grantee with respect to the Property which is the subject matter hereof, and no verbal or oral agreements, promises, or understandings shall or will be binding upon either Grantor or Grantee in any dispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall be void and ineffective unless it is in writing and signed by the parties hereto. No course of dealing between the parties or any delay on the part of a party to exercise any right it may have under this Agreement will operate as a waiver of any of the rights provided hereunder or by law or equity, nor will any waiver of any prior default operate as the waiver of any subsequent default, and no express waiver will affect any term or condition other than the one specified in such waiver and the express waiver will apply only for the time and manner specifically stated. The invalidity of any portion of this Agreement shall not have any effect on the balance thereof. The provisions of this Agreement shall be binding upon and inure to the benefit of the successors, and assigns of Grantor and Grantee. This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which together will constitute a single instrument. 25. Interpretation. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Minnesota. 26. Assignment. This Agreement, and rights hereunder, may be sold, assigned or transferred at any time by Grantee to Grantee's parent, affiliates or subsidiaries, any party that merges or consolidates with Grantee or its parent, or any entity which acquires substantially all of the assets of Grantee or to American Tower or TowerCo, without prior notice to or the consent of Grantor ( "Permitted Assign "). Provided, however, that within ten (10) days following any such sale, assignment, or transfer, Grantee shall notify Grantor in writing of said action, specifically identifying the Permitted Assign. As to other parties, this Agreement may not be sold, assigned, or transferred without the prior written consent of Grantor, such consent not to be unreasonably withheld or delayed. Grantee may sublet the Premises with written notice to Grantor, but without any requirement for the written approval of Grantor, provided that Grantee complies with the terms and conditions contained in Section 4 above. For purposes of this paragraph, a "parent," "affiliate" or "subsidiary" means an entity which directly or indirectly controls, is controlled by or under common control with Grantee. In the event of a sale, assignment or transfer to a Permitted Assign, Grantee shall be released from any liability, provided that said Permitted Assign assumes and agrees to be bound by all of Grantee's obligations as set forth in this Agreement, unless such assignee fails to have sufficient assets on the date of such assignment to perform under the terms and conditions of this Agreement. Grantor hereby consents to the assignment by Grantee of its rights under this Agreement as collateral to any entity which provides financing to Grantee to further its intended purpose under this Agreement. 27. Notices. Any notice required or permitted to be given by any party upon the other is given in accordance with this Agreement if it is directed to Grantor by delivering it personally to the Manager of Grantor; or if it is directed to Grantee, by delivering it personally to the Lease Administration Department of Grantee; or if mailed in a sealed wrapper by United States registered or certified mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed as follows: 9 If to Grantor: City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Attn: City Administrator With a copy to: Hawkins & Baumgartner, P.A. 2140 Fourth Avenue North Anoka, Minnesota 55303 Telephone: 763 - 427 -8877 Fax: 763-421-4213 If to Grantee: Clear Wireless LLC Attn: Site Leasing 4400 Carillon Point Kirkland, WA 98033 Telephone: 425- 216 -7600 Fax: 425-216-7900 Email: Siteleasing @clearwire.com With a copy to: Clear Wireless LLC Attn: Legal Department 4400 Carillon Point Kirkland, WA 98033 Telephone: 425- 216 -7600 Fax: 425-216-7900 Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit as aforesaid; provided, however, that if notice is given by deposit, the time for response to any notice by the other party shall continence to run one business day after any such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, ten (10) days prior to the effective date of such change. 28. Recording of Memorandum. Grantor shall execute and Grantee shall be permitted to record at any time a memorandum of this Agreement. If this Agreement is terminated prior to the expiration of its Term, or an Extended Term, Grantee shall record an appropriate instrument to clear the memorandum from the title to the Land. 29. Quiet Enjoyment. Grantor covenants and agrees that as long as Grantee is not in default hereunder beyond any applicable grace or cure period, Grantee's right to use and quietly enjoy the Property will not be disturbed by Grantor. 10 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. GRANTOR CITY OF ANDOVER By: Its: Mayor Bv: Its: City Clerk Taxpayer ID #: 41- 0983248 GRANTEE CLEAR WIRELESS LLC By: Name: Its: Taxpayer ID #• STATE OF MINNESOTA ) )ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _ day of , 2010, by and respectively the Mayor and the City Clerk of the City of Andover, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF COUNTY OF )ss. 11 The foregoing instrument was acknowledged before me this _ day of , 2010, by , the of Clear Wireless LLC, a Nevada limited liability company, on behalf of the company. Notary Public 12 Exhibit A Legal Description The Property is legally described as follows: LEGAL DESCRIPTION Parcel Numbers 33 -32 -24-42 -0038 and 39 Hidden Creek Park and Oudot A (City of Coon Rapids, County of Anoka, MN) 13 Exhibit B Depiction of Portion of Property for Improvements See attached 2 page drwgs 14 e o� w 8 '� q 9 a� 40£SSNW'M3AOdNtl �aaa gas, NMVd)133M.7N30UIH cu � :o _ £ZVOdSW-NW o e R IY I y 8 r I b° r I � � O � • E e A F B s _� t i CS ..- � I� • i e 3 � f a c O S q ; E_� _EY e S_ 3 $� i S W G o S� I I y I in ig l 8 1 3 $ cy z3 �� VII •�:.. r I i `iii 9 ° I 7e•' R , rt x it ¢¢¢ YI r 2 F 1 Az p IEl Il _______________ ; a z ono �, ) |� �; |. ��.•_, : VOCSS m' n a¥ aka § § §w aVd M33NoN3aH °§(! q |\ ,: l�...,, ;,( d \\ 1k EZ�OdSW - N W \J§> ! , � )$� I H Z7 ® ~ _ I \ ]� �� -- - -' - - -------------- - - - - -- - - - - ,- � - ------ a $ ) # , - i | cowl _ �k I IRj/ /Q % ) ^ « - I f . � { ; I� \� e t ; k °\ [ |. §ci . �^ §.. |( ) Exhibit C Description of Acceptable Monopole, Facility, and Improvements See attached 3page drwgs 15 I l mu iiiiii O 40£95 NW 'N3AOONV 'CA 3MVg klaMns OZ9Z cud b� w -- �U ��♦♦ $ / //� W a) ° V , '954,1H z ¢ g x 1 „ � VOM NW '213AOON'd l � a (� "e 3 '.� � o'w 'UAl83)4eq N3NNns ozgZ i a s a m V-£ZVOdSW-NW V 3 .� i IRS E 5 $ Y E B� y 6u rn --- ----------- m ®m I i- f ! i I I i i i I ! i I � i I 1 1 i ! z S LU N G W 0 R' z W 40£59 NW `?13AOONV L v w WE 'DAIS 3NVl M3NNne OL9L a cad $ V y t 6 = a = U N i f €� a € g p g v 16 E� 6 6 E O a9 4 o a a3 @° F: w 6 < Ct 1 12 °� F E �gm B g # 5 S I � G �C i t LU 7 v z fi 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: FROM: SUBJECT: DATE: Jim Dickinson, City Administratc David Berkowitz, Director of Put ;ineer U'3 Approve Change Order #1 /10- 04/2010 Seal Coating- Engineering August 4, 2010 INTRODUCTION This item is in regards to approving Change Order #I for Project 10 -04, 2010 Seal Coating. DISCUSSION Change Order #1 is for project areas that were seal coated that were not calculated into the original contract quantities but were intended to be. Specifically, the additional areas were for the turn lanes and taper areas along Crosstown Boulevard between Hanson Boulevard and 161 Avenue. It was necessary for these areas to be seal coated to prolong the life cycle of Crosstown Boulevard. BUDGETIMPACT The change order results in an increase to the contract of $9,242.13 ACTION REQUIRED The City Council is requested to approve the resolution approving Change Order 41 for Project 10- 04, 2010 Seal Coating. Respectfully submitted, ason J. Law Attachments: Resolution & Change Order #1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 10 -04, 2010 SEAL COATING WHEREAS, the City of Andover has a contract for Project No. 10 -04 with Allied Blacktop Company of Maple Grove, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 10 -04 Adopted by the City Council of the City of Andover this 4 th day of August 2010 CITY OF ANDOVER ATTEST: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk CHANCE ORDER Change Order No.: 1 Date: 7/28110 Shect: 1 of I Project Name: 2010 Seal Coating Project No: 10-04 Can Allied Blacktop Com You am hereby directed to make the following change to your contract dated Ann 16 2010 The shangc end the work affected thereby is subject to al contract stipuhulous and covenants. This change order will (ncrcuse) (dearease) (no- ems) the contrast sutra by ninc_thonsnnd_twa_hu forty hwn_c(gJt:uid thirtaon cents ($9,242.13). 'leis Ouhnge Order provides forthe following extra work: I7 'rrtian ,(pores�e [�oraaset Additional project area (Crosstown Blvd) $9.242.13 Total Amount orChange Order $9,242.13 Amount of Original Contract $220.218.00 Additions Approved to Oslo (Change Order # $0.00 Deductions Approved to Date (Chagc order # --) $0.00 Contract Amount to Date $'120.21 &00 Amount ofthis Chungc Order (Add) (Deduct) (No Change) $9.242.13 Revised Contract Amount $229.460.13 Approval: City ofAndover 33y: David D. Berkowitz Name Director ofPW / Citx Ent ineer _ Title Signature Date Approval: Allied Slaekto Cam rian By e Jer Name U.c ' dan Title Signature Data Change Orden i0 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develop t Director W FROM: Courtney Bednarz, City Plannq SUBJECT: Public Hearing/City Code Amendment to Apply Park Regulations to Open Space Properties - Planning DATE: August 4, 2010 INTRODUCTION The Open Space Advisory Commission has discussed establishing rules for open space areas to satisfy that portion of their assigned duties. As a part of those discussions they reviewed City Code 8 -4 which provides regulations for parks and recreation areas. It is the recommendation of the Open Space Advisory Commission that the existing park regulations be applied to open space properties. DISCUSSION Background The Park and Recreation Commission reviewed the Open Space Advisory Commission's recommendation at their meeting on May 20 . The Park and Recreation Commission was in favor of the proposed change. Both groups ultimately agreed that consistency in the regulations between parks and open spaces is appropriate. The minutes from the Park and Recreation Commission and Open Space Advisory Commission meetings are attached. It should be noted that the Open Space Advisory Commission initially recommended open space areas be open from dawn to dusk, but accepted the Park and Recreation Commission's recommendation that the hours remain consistent with parks throughout the city (closed from 11:00pm to 6:00am). Staff Recommendation A simple addition of the words `and open space' to a few areas of City Code 8 -4 will be sufficient to accomplish the Commission's intent. The City Attorney's suggestions have been included in the attached ordinance amendment. The entire section is attached for your review. ACTION REQUESTED The Council is asked to hold a public hearing and review the information provided. Please determine if the draft ordinance amendment should be approved, modified or discussed further. If the Council approves an ordinance amendment, please also approve the summary ordinance as well so that it can be published in the newspaper. Attachment Draft Ordinance Amendment Ordinance Summary Mi4eg mitttee, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TO APPLY PARK REGULATIONS TO OPEN SPACE PROPERTIES THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 8: CHAPTER 4: PARKS AND RECREATION AREAS SECTION: 8 -4 -1: Regulations 8 -4 -2: Violations; Penalties 8 -4 -1: REGULATIONS: The use and occupancy of all city parks, and recreation areas, and open space owned, rented and/or leased by and located in the city shall be subject to the following regulations: A. Abusive Language; Noisy Conduct: Persons engaged in offensive, obscene or abusive language or boisterous and noisy conduct tending reasonably to arouse alarm, anger or resentment will not be allowed. B. Advertising, Selling And Solicitation: No advertising, unapproved selling or solicitation is allowed. An Exclusive Use Permit may be approved by the City Council and issued by the City Clerk for the selling of food, alcoholic or nonalcoholic beverages as established by City Council resolution. C. Alcoholic Beverages: Consumption or possession of alcoholic beverages is not permitted unless a permit is obtained under Subsection B of this section. D. Fires I : It shall be unlawful to build or attempt to build a fire except in areas designated for such purpose. No person shall drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco, paper or other flammable material. E. Firearms And Explosives: No firearms (as defined by city ordinance) 2 or explosives shall be present or used unless approved by the City Council. Authorized law enforcement officials shall be exempt from this regulation. F. Gambling: Gambling shall not be allowed. G. Golfing: No person shall be allowed to golf or practice golf. H. Hours: City parks, and recreation areas, and open space shall not be occupied or used, nor may any motor vehicles be parked therein, between eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M., except when participating in an activity for which a permit has been granted by the city. See also title 7, chapter 3 of this code. See subsection 5A -1A of this code. x� I. Operation Of Motor Vehicles: 1. No person shall ride or drive a vehicle at a rate of speed exceeding that posted in city parks or fifteen (15) miles per hour. 2. Drivers shall confine the operation of any motorized vehicle to roads, parking areas, or other areas specifically designated as temporary parking areas by the City Council and/or their designated representatives. 3. It shall be unlawful for any self - propelled vehicle, including, but not limited to, "motor vehicles" as defined in Minnesota Statutes Chapter 169, other self - propelled vehicles, go- carts, and snowmobiles, to travel within city parks, of recreation areas, or open space, except on established roadways, trails, or other areas designated for such purpose. Authorized emergency vehicles, city vehicles and wheelchairs for the handicapped or disabled are exempt from this regulation 1 . Damage To Park Property: It shall be unlawful to mark, deface, disfigure, injure, tamper with or dispose of or remove any buildings, bridges, playground equipment, tables, benches, fireplaces, railings, paving or paving materials, public utilities or parts or appurtenances thereof, signs, notices (temporary or permanent), monuments, stakes, posts, equipment, facilities or park property or appurtenances, whatsoever, either real or personal. K. Pets And Animals: 1. Leashed Animals: All domestic animals (such as dogs, cats and similar animals) must be kept leashed z . 2. Removal Of Excrement: Owners are required to clean up and dispose of their pet's excrement a . Prohibited Animals: a. No domestic animals shall be allowed on or within the following city parks (with the exception of the perimeter trail along Crosstown Boulevard NW) at any time: (1) Sunshine Park. (2) City Hall Park Complex 41. b. Horses shall not be allowed in any park area including the city trail system. 4. Hunting, Trapping, Tormenting: No person shall hunt, molest, harm, kill, trap, chase, tease or throw missiles at any animal. 5. Removal Or Possession Of Young Or Eggs: No person shall remove or have in ' See title 6, chapter 3 of this code. 2 See also subsection 5 -1A -5A of this code. 3 See also subsection 5 -1A -5B of this code. possession the young of any wild animal or have the eggs or nest or young of any reptile, mammal or bird; exception to the foregoing is made in that snakes known to be poisonous, such as rattlesnakes, and/or otherwise hazardous to human safety, may be killed or removed. L. Play Areas: No person shall engage in racing or playing of any games that interfere with the general use of designated play areas. This shall be construed, but not be limited to, prohibiting the use of sleds, toboggans, or snowmobiles on any skating rinks, or other such conflicts of use. M. Protection Of Trees: It shall be unlawful to remove, cut or otherwise deface any tree or ground cover without consent from the Commission and written permission from the City Clerk. N. Posting Signs: It shall be unlawful to post any sign, placard, advertisement or inscription, or cause to be erected any sign, unless approved by the City Administrator or designee. O. Skateboarding/Rollerblading: Skateboarding and rollerblading shall be permitted only on asphalt -paved trails in Sunshine Park. (Amended Ord. 229, 9 -2 -1997) P. Glass: No glass beverage containers will be allowed in any designated city park, er park or recreation facility, or open space (Amd. Ord. 365, 2- 19 -08) 8 -4 -2: VIOLATIONS; PENALTIES: A. Any person, firm or corporation violating any of the provisions of Subsections 8 -4 -1A, B, F, G, H, K, L, N and O of this chapter shall be guilty of a petty misdemeanor and, upon conviction thereof, shall be punished in accordance with state law. B. Any person, firm or corporation violating any of the provisions of Subsections 8-4 -1 C, D, E,1, J and M of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accordance with state law. (Amended Ord. 229, 9 -2 -1997) _X CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 8 -4 PARKS AND RECREATION AREAS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of these regulations is to protect the public health, safety and welfare as well as to provide consistent regulations for parks, recreation and open space areas. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this ATTEST: Michelle Hartner, Deputy City Clerk day of , 2010. CITY OF ANDOVER Michael R. Gamache, Mayor -.P Regular Open Space Advisory Commission Meeting Minutes — June 9, 2010 Page 1 UPDATE ON RECOMMENDED CHANGES TO THE CITY CODE Chairman Deuschle stated that the Park and Recreation Commission had reviewed the code changes the Open Space Commission had recommended And did not agree with setting hours from dawn to dusk. The Commission discussed the hours open space areas should be open to the public. The Commission agreed that the hours should be consistent with city parks. Regular Open Space Advisory Commission Meeting Minutes — March 10, 2010 Page 1 DISCUSS STEWARDSHIP OFACQUIRED OPENSPACE The Luedtke property was reviewed for site preparation. The Commission discussed property boundary signs and selected one of the samples that was provided. Mr. Jeff Luedtke suggested the entire river front be posted for snowmobiles, prohibiting them. He volunteered to help the City with locations for signs based on his experience. Mr. Larry Elfelt asked if the City acquires the Anoka Feed and Grain property if they intended to dedicate a trail for snowmobiles. The Commission agreed that this was not their intent. Commissioner Olson arrived at 7:30 p.m. Mr. Bednarz stated that staff had discussed posting a Park Rules sign at the entrance and asked the Commission to comment on the example in the packet. Chair Deuschle thought it would be nice to post the rules on the sign at the entrance to the open space land. Mr. Luedtke asked if there will be signage along 7 Avenue NW. Mr. Bednarz indicated there were no plans for that. Mr. Luedtke thought signs should be placed in the area where there are wetlands so people know they are there. Commissioner Kovich wondered what types of rules and regulations other cities have for their open space. Mr. Bednarz thought it was more important to make their own rules that pertain to the City rather than copying another city's rules. The Commission discussed allowing pets in the open space area but not horses. It was noted that Rum River Central Regional Park to the north has facilities for horses. The Commission reviewed the rules sign from Sunshine Park and decided to make several changes. Commissioner Sabel suggested the sign express gratitude to residents for making this possible. The Commission discussed the daily operation time of the open space area and concluded it should be from dawn to dusk. Mr. Bednarz indicated the Sunshine Park sign corresponds with what is in the regulations and if they want to allow things that are prohibited on the sign they need to change the city code. Commissioner Sabel did not think they needed to list everything on the sign that is in the City regulations. Mr. Larry Elfelt thought a No Motorized Vehicles sign along Aztec would be a good idea to deter snowmobiles from trespassing along the transmission line easement. The Commission determined the only changes to the city code would be to specifically include open space in the regulations and change the hours as discussed. Mr. Bednarz suggested they should submit a recommendation to the Council with what the sign would look like and changes to the regulations all at one time instead of a piece at a time. He asked the Commission to allow staff to make the changes as directed before bringing this to the Council for approval. He noted he would make the changes and then bring them back at the next meeting for discussion and a recommendation by the Commission. Chairman Deuschle asked for an update on the management plan. Commissioner Kovich stated he talked to ACD and there are not any grants out there for management plans at this time. He stated that some technical assistance would be available once the city determined the management goals. Chairman Deuschle stated that he would meet with Kameron Kytonen, Natural Resource Technician to discuss the management plan. Mr. Bednarz suggested that they get parks maintenance staff involved as the process moves forward. Commissioner Sabel asked if the County had any management plan in the works for their open space purchase. Mr. Bednarz thought they were not at that point yet and would probably review this like Andover is currently doing. r/' Regular Andover Park & Recreation Commission Meeting Minutes —May 20, 2010 Page 5 The Commission discussed the pros and cons of using the land for open space within the development. Chair Butler stated because 165` Avenue.being a 55MPH road with a shoulder but no trail it would be nice to have a park in there and people have purchased lots with the intention that there would be a park in the development. Mr. Haas agreed. Commissioner Lindahl stated his concern was they did not want to be too far to the south with a park so when the north area develops the park would-be centrally located and everyone would be able to access the park and not just this development. Chair Butler asked if there would be a trail in the area. Mr. Haas thought there would eventually be a trail directing people where to go. Chair Butler asked if they could select . a different lot to be used as a park because it would make sense to him if they were going to pursue open space and if they still wanted a park, which is something they will make a recommendation on, it would make more sense to have the park land adjacent to the open space which currently it does not. Motion by Miskowiec, seconded by KowaIewski, to continue to include a park in the development that is adjacent to any open space area. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Ramnath) vote. CONSIDER CHANGES TO CITY CODE TITLE 8 - 41PARKAND RECREATION AREAS Mr. Haas explained the Open Space Advisory Commission has recommended two changes to the existing park regulations to allow them to apply to the open space purchased by the city last year. Mr. Haas reviewed the proposed changes with the Commission. Commissioner Miskowiec asked if there would be potential night uses for open space. Chair Butler thought the Council could grant special permission for use after dusk: Commissioner Lindahl stated that would be going against the Code and in the winter dusk is at 4:30 p.m. Commissioner Miskowiec wondered why they would restrict use of the open space to the public and potentially they might have some Iegitimate nighttime evening use. Chair Butler stated he would not be on board with not having any limitations on the use of the open space. Commissioner Hupp thought the hours should be consistent with park hours and if there were problems they could change the hours. Chair Butler wondered if they could recommend an amendment that would include a process for providing permission for people to be there after dusk. Mr. Haas stated that would be hard to monitor. . Regular Andover Park & Recreation Commission Meeting Minutes — May 20, 2010 Page 6 Chair Butler stated the problem with that is they are talking about some heavily wooded areas of open space next to residential homes and at night it might be hard to tell if the people are staying in the open space area or straying onto private properties and he would be concerned with people using the open space for parties or causing other problems for the neighbors. Commissioner Hupp stated that is the potential for anywhere you go. He stated this is public property for everyone to enjoy, not just the adjacent property owners. Mr. Haas stated there is already some open space adjacent to a park and it might get confusing for people if the open space hours are different than park hours. Chair Butler indicated that made sense and agreed the open space hours should be the same as the park hours. Commissioner Kowalewski stated in section K, paragraph 5, it states removal of young animals and there are quite a few people that monitor the nesting sites of song birds and bluebirds and others and they do remove one species, the English Sparrow, which is very destructive to song birds and he was wondering if it was necessary that they do add that to that, that they can remove the nest knowingly what it is. Commissioner Lindahl. thought this would be a DNR activity. Chair Butler thought they could revisit this at a later date because he had other wording he would like to review in the Code. Motion by Hupp, seconded by Miskowiec, to make a recommendation to the City Council to approve the proposed changes to City Code 8 -4 Park and Recreation Areas, adopting the same hours for the open space as the parks. Motion carried on a 6 -ayes, 0- nays, 1- absent (Ramnath) vote. 2011 -2015 PARK CAPITAL IMPROVEMENT PLAN Mr. Haas exp d the Park and Recreation Commission is requested to discuss the 2011 -2015 Parks =theinfo ent Plan (CIP). Chair Butler revieion with the Commi ssion. Chair Butler thought because North Metro cer Association is donating $100,000 for the redevelopment of Hawkddge Park he felt tha Park Commission needed to make this park a priority this year. He also thought the Co Sion needed to consider developing Sophie's South Park this year also. Commissioner Miskowiec agreed and thought they needed to get Soplu outh Park done this year. i • F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Directore,t;n.. FROM: Courtney Bednarz, City Plannel(2 SUBJECT: Public Hearing/City Code Amendment to Allow Lots at Least 2.375 Acres in Size to be Considered Equivalent to 2.5 Acre Lots for the Purposes of Interpreting the City Code — Planning DATE: August 4, 2010 INTRODUCTION The Council has discussed properties that are fractionally above or below an acreage requirement of the City Code on several occasions. The outcome was to direct staff to prepare an ordinance amendment that allowed what has been referred to as a 95% rule for regulations that affect the use of lots intended to be 2.5 acres in size. DISCUSSION The attached ordinance amendment inserts language similar to that adopted for the recent update of the city's parking regulations. The Council will recall that the language was specifically designed to apply only to lots that were created with the intent of having a 2.5 acre minimum lot size. This amendment would apply to all rural plats and lot splits that adhered to the R -1 Zoning District Standards. It would also apply to all rural plats and lot splits created in the R -2 and R -3 Zoning Districts after 1978 when the 2.5 acre minimum lot size was applied to all properties without municipal sewer and water. A map of the areas and specific lots that would be affected is attached. Staff Recommendation By inserting the selected language into City Code 1 -1 Official City Code it will apply across the City Code to all provisions that regulate the use of property after it has been created. The change will not affect the minimum lot size needed to subdivide property. The City Attorney has reviewed the proposed amendment and indicted he is in agreement with the changes. ACTION REQUESTED The Council is asked to hold a public hearing and review the information provided. Please determine if the draft ordinance amendment should be approved, modified or discussed further. If the Council approves an ordinance amendment, please also approve the summary ordinance as well so that it can be published in the newspaper. Attachment Draft Ordinance Amendment Ordinance Summary Minutes Map Re ec 1 s ed, o Be CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TO ALLOW LOTS AT LEAST 2.375 ACRES IN SIZE TO BE CONSIDERED EQUIVALENT TO 2.5 ACRE LOTS FOR THE PURPOSES OF INTERPRETING THE CITY CODE THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 1: ADMINISTRATION CHAPTER 1: OFFICAL CITY CODE SECTION: 1 -1 -1: Title 1 -1 -2: Acceptance 1 -1 -3: Amendments 1 -1 -4: Code Alterations 1 -1 -1: TITLE: Upon adoption by the City Council, this city code is hereby declared to be and shall hereafter constitute the official city code of Andover. This city code of ordinances shall be known and cited as the ANDOVER CITY CODE and is hereby published by authority of the Council and shall be supplemented to incorporate the most recent legislation of the city as provided in Section 1 -1 -3 of this chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this city code by title in any legal documents. (2003 Code) 1 -1 -2: ACCEPTANCE: The City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of the state as the ordinances of the city of general and permanent effect, except the excluded ordinances enumerated in Section 1 -2 -1 of this title. (2003 Code) 1 -1 -3: AMENDMENTS: Any ordinance amending the City Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this city code. All such amendments or revisions by ordinance shall be immediately forwarded to the City Clerk, and the said ordinance material shall be prepared for insertion in its proper place in each copy of this city code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the city code. (2003 Code) '2— 1 -1 -4: CODE ALTERATIONS: It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this city code in such a manner that the meaning of any phrase or order may be changed or omitted. Said code, while in actual possession of officials and other interested persons, shall be and remain the property of the city and shall be returned to the office of the City Clerk when directed so to do by order of the City Council. (2003 Code) 1 -1 -5: Policy: For those rural lots orieinally intended to be 2.5 acres, but upon development resulted in less than 2.5 acres but at least 2.375 acres are, for the Purpose of the City Code, considered to satisfy the 2.5 acre requirement. -3- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 1 -1 OFFICIAL CITY CODE STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of these regulations is to protect the public health, safety and welfare as well as to allow lots at least 2.375 acres in size to be considered equivalent to 2.5 acre lots for the purposes of interpreting the City Code. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of , 2010. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor _ Y� Andover City Council Workshop Meeting Minutes —June 29, 2010 Page 2 La le Will Andover YMCA Executive Director, introduced herself and presented various statistics e Andover YMCA. She presented some future partnership opportunities to the City Council such a een Center, which would be ran by the YMCA. She stated a Teen Center would be for the entire com ity, and not just members. She indicated there would be no charge for the use of the Teen Center. noted the Andover YMCA with respect to membership was in the number two spot of the YMCA inneapolis YMCAs, but very close to being in the number one spot. She indicated she has a meetin the expansion in July with YMCA representatives. Councilmember Bukkila stated it is important tha a services serve a large number of kids if a Teen Center is put in. The lobby area by the ice arena was s ested as a location. Mr. Dickinson stated he would be concerned using the lobby are the Teen Center, the hockey rink usage demands need to be fulfilled first. He indicated it might be po ' le to have some type of a share time. Councilmember Trude suggested an article regarding the YMCA's statistics be placed 1 e next newsletter. P RECEIVE / DISCUSS INFORMATION ON ITEMS REGULATED BY ACREAGE IN THE CITY CODE Mr. Dickinson provided a summary of items regulated by acreage in the City Code. He indicated staff is looking for areas the Council wanted staff to explore and bring to a public hearing. Councilmember Jacobson asked what the perceived concern is of the audience members in attendance. Jeffrey Johnson, 16729 Crocus Street, stated each resident he spoke to was surprised they were in the green area on the map, which indicates less than 2.5 acres and according to a 1987 survey his property was 2.5 acres as well as the other residents in the green area. Most audience members in attendance are located in the green area. Councilmember Jacobson stated the Council was attempting to preserve the original intent of residence's 2.5 acres, even though some of the lots might be slightly less than 2.5 acres due to road acquisitions, etc. Councilmember Knight noted in some of the cases, the surveys could be off depending on what decimal place you round to. Mr. Dickinson stated staff had talked to other cities and asked how they dealt with the 2.5 acre as a restriction and the comments received was that those cities generally do not specifically put a lot size 1 Andover City Council Workshop Meeting Minutes —June 29, 2010 Page 3 in the code, but rather the zoning district. He noted the size of the lot came into play when there was building and drainage issues, but uses generally went to zoning. He indicated there are some complications on how this would work in Andover due to the different size lots within zones. He indicated the City could probably come up with something through zoning and not lot size. Councilmember Jacobson stated the reason there were different size lots in zones was because that some property was acquired from the City of Ramsey and were approved during the Grow Township days. Mr. Dickinson asked how broad the Council wanted the 2.5 acre original intention applied. Councilmember Jacobson stated his idea was that if the lots were slightly less than a 2.5 acre lot, nothing needed to be done. He noted things should remain the same for the residents who believed they had 2.5 acre lots. He indicated if a person bought a 2.5 acre lot, they should have a 2.5 acre lot. Mayor Gamache stated the issue was the people in the area believed they had 2.5 acres and the City believed those residents had 2.5 acres since the start. Councilmember Knight stated those lots were also purchased based on the surveys done at the time. Mr. Dickinson asked if Council wanted this applied broadly — put it in a different section of the code or put it in a different title. Mayor Gamache stated intended 2.5 acres was 2.5 acres and the City should look at it that way. Mr. Dickinson asked at what level this should be brought back to Council. Mayor Gamache noted nothing will actually change, so he believed it should come back to a Council meeting. John Feyo, 3045 167"' Lane, noted square footage can be different than lot acreage. Mr. Johnson noted he was short five feet on one side of his lot. Shannen Schmieg, 2731 167 Lane asked if going forward the Council was going to propose that regardless of whether a home was built or just purchased, or was the Council going to allow everyone in. She did not believe the people who purchased their homes recently should be grandfathered in as they did not do their due diligence and are not paying taxes on the 2.5 acres, while the people who built their homes years ago, should be grandfathered in as they have been paying taxes on 2.5 acres. Councilmember Jacobson stated if it was originally platted and intended to be 2.5 acre lots, but due to road construction it might be smaller than 2.5 acres it should be grandfathered in. Mr. Dickinson stated at this point they are putting together something for Council to approve at a Andover City Council Workshop Meeting Minutes —June 29, 2010 Page 4 future meeting and if it was the original intent of the subdivision to be 2.5 acres, then all those lots would be considered 2.5 acres. Council consensus was to broadly apply the 95% policy, bring this back to the Council as a public hearing, and obtain the City Attorney's input. Mr. Dickinson stated this issue would be brought to the first Council meeting in August. Mr. Feyo asked what type of lifestyle changes the residents would need to make. Mr. Dickinson responded if there was an active complaint, the City would continue to enforce, but new complaints will wait for this process to be completed. Councilmember Trude stated 99 percent of the residents in this area did not have anything to worry about. Councilmember Bukkila stated the residents could proceed as they always have at this time. Mayor Gamache noted if there are any new complaints filed between now and the Council meeting in August, those complaints would be held until after that meeting. The Council recessed at 7:26 p.m. The Council reconvened at 7:54 p.m. TE PARK IMPROVEMENTS /SUNSHINE PARK Ted Butler, Park d Recreation Chair, presented the Park and Recreation Commission's recommendation to mov rward with the skate park in 2010 since park funds are available. Councilmember Bukkila clarified t ommission vote was for the entire CIP, and not this particular individual project. Mr. Butler stated he felt during the Commissions disc ion of this there was unanimous support for the skate park. Councilmember Jacobson asked how many people used the skate par . Mr. Haas responded there could be anywhere from 3 to 20 kids daily. Charlie, a local skateboarder stated when it is crowded there is up to 20 people there and on a w day there can be 2 -3 people. He believed with a nicer skate park, it would be usla more. _1.r O N CT O N 0 c 3 N O V O S c) 0 V O O 0 0 0 0 t . v � C L i k D� 2_0 m C � �m O CD N Dm n Z � M o z� 0 cf) N m v� 0 �v r _. 2) v, rn cn cn =ti m c IV — �• rDCD (_nN� ..p m Q N CD C4 Z U) Q I v N • CD o m F D� 2_0 m C � �m O CD N Dm n Z � M o z� 0 cf) N m C I T Y O F 9 NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN,US TO: Mayor and Councilmemebers V CC: Jim Dickinson, City Administrator Will Neumeister, Community Deve ment Director trrP6� FROM: Angie Perera, Associate Planner DATE: August 4, 2010 SUBJECT: PUBLIC HEARING: City Code Amendment to consider changes to City Code to the Wind Turbine Ordinance INTRODUCTION At the May 20, 2010 workshop, the City Council reviewed the adopted City Code language for regulations of wind energy conversion systems and compared it with language that was suggested by Councilmember Don Jacobson. Both documents are attached with this report for your review. At the May 20 workshop, the Council liked the changes that were proposed and recommended bringing this item back for a public hearing. An ordinance amendment and summary ordinance has been prepared for your review. At the Council meeting on May 20` there was some concern about noise issues. Any noise related to wind turbines would be regulated by the Noise Ordinance which has been attached for reference with this report. The Council also asked whether or not wind turbines would be allowed in the front yard. To respond to that concern, they would be allowed in the front yard provided that the structure met the setback requirements as established. To prohibit them specifically from the front yard the Council could consider adding additional language to the City Code to prohibit them in that location. ACTION REQUESTED The City Council is requested to hold a public hearing, review and consider adoption of the proposed ordinance as drafted (or with modifications) and also adopt the summary ordinance that will be published in the Anoka Union. R pectfully Submitted, Angid.Pe "rat Attachments Summary ordinance for publication Draft Ordinance Amendments (as suggested by Councilmember Don Jacobson) Wind Energy Ordinance No. 390 - adopted Noise Ordinance Minutes from the May 20, 2010 City Council Workshop meeting Minutes from the December 8, 2009 Planning & Zoning Commission meeting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDING CHAPTER # 13, WIND ENERGY CONVERSION SYSTEMS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy Chapter # 13 of Title 9 is being amended for re- establishing certain provisions for Wind Energy Conversion Systems (WECS). GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this Ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 4 day of August, 2010. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor — C� — CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 13: WIND ENERGY CONVERSION SYSTEMS CHAPTER 12: PERMITTED, CONDITIONAL AND PROHIBITED USES ENUMERATED (Strikeouts are language to be removed and underlining represents new language to be added) Pa,JQ ie ?% - -3- Chapter 13 Wind Energy Conversion Systems SECTION 9 -13 -1: Purpose and Intent 9 -13 -2: Definitions 9 -13 -3: General Standards 9 -134: Residential WECS 9 -13 -5: Commercial WECS 9 -13 -6: Roof Mounted WECS 9 -13 -7: Exceptions to the Requirements of this Chapter 9 -13 -1: PURPOSE AND INTENT: The purpose of this chapter is to promote the safe, effective and efficient use of alternative energy sources and systems as the technology becomes available. The purpose of this chapter is also to establish predictable and balanced regulations for the establishment of commercial, residential, and roof mounted WECS 9-13-2: DEFINITIONS: The following words and terms shall have following meanings when used in this chapter: WIND ENERGY CONVERSION SYSTEM (WECS): COMMERCIAL WECS: RESIDENTIAL WECS: ROOF MOUNTED WECS: WECS HEIGHT: Deleted: in the locations and circumstances under which the use may be established with detrimerd to the public health, safety and welfare of the neighboring property owners and occupants. q Any device which converts wind energy Deleted: such as a wind charger,or to a form 0 use e O h ' t: r;;il energy wmdtur ne. Windmills used for agricultural um in Deleted: pur J water and decorative wi ndmills less than Deleted or feedin g livesto thirty five (3 5) feet in he ig ht shalI be Del eud.inaiare excluded from this definition. Means a WECS of forty (40) kilowatts or more in total name plate generating capacity. Means a WECS of less than forty (40) kilowatts in total name plate generating capacity. Means a WECS mounted on top of a building, as set forth in Section 9 -9 -3. The height of the tower /pole plus the rotor radius. 9 -13 -3: GENERAL STANDARDS: The following general standards are _ requirements of the three types of Wind Energy Conversions Systems (WECS);; _, j oekxa: ResidentialWECS, commercial WECS, and Roof Mounted WECS that are regulated within the City of Andover _y_ 1) No more than one Wind Energy Conversion System (WECS) shall be permitted p er lot. Deleted: within the city of Andover p p on any parcel located within the j Scenic River Way or on 2) WECS PROHIBITED: Deleted: cibRoofmounted WECS 1 shal located within the City of Andover's l be prohibited on any parcel /� a ) WECS shall be prohibited z any land within t he Waste Di sposal Muncipal Urban Service Area Engineering (WDE) Landfill site. (MUSH) -' 0 1 Deleted: The _ 3) SETBACKS: setbacks shall be at least the following; _. a) From the nearest )habitable structure: f 1 .5 tim es the height of the WECS, whichever is greater. b) From the nearest public right -of -way: ,1 5 times the height of the WEC q_ - - -- c) From the nearest property line: J.5 times the height of the WECS, f NZ d) From recreational fields: 1.5 tim the height of the WECS, e) No portion of the WECS, including the full arc area created by any blade s hall extend over any aboveground power line or drainage and utilitv easement. 4) The WECS shall be equipped with both a manual and an automatic braking device capable of stopping t operation in high winds. 5) No WECS shall have affixed or attached lights, reflectors, flashers or illumination, except,required - b y the Federal Aviation Administration. 6) The WECS shall fic other communication 7) All obsolete and unused towers and equipment shall be removed within twelve (12) months of cessation of operatio unless the City Council grants an exemption or an extension 8) No "wind farms" are allowed. 9) Noise. All WECS shall comply with i standards for noise and those standards set forth in Title 5, Chapter 6 of the City of Andover's City Code. 10)AII WECS shall comply with all applicable state and federal regulations, standards, including the uniform building code, 11)Violation; Revocation of Permit: Violation of any provision of this chapter is grounds for revocation of a conditional use permit for a WECS and /or removal of a WECS. 9 -13-4: RESIDENTIAL WECS: A. LOCATION: Residential WECS j this y be allowed as a conditional use o parcels of land meeting the setback requirements listed in Section 9 -13 -3 and I accordance with the permit and regulations established in this chapter. Deleted: distances Deleted: dwelling, school, business or other Deleted: 300 f eet or ! Delete d- se eieeter — '� Deleted:, whichev is gr i, Deleted: 300 feet or Deleted: whichever is greater. In no instance shall any portion of the WECS extend over a property tine, including the full arc area created by any blades used in the system. f Belet l Deleted: whichever is greater. f However, in no Instance shall any portion of the WECS extend over any blades use in the system. Deleted used in the s ystem _ - i Deleted: the WECS Deleted: any Deleted: for those devices { Deleted: be fitered, shielded or otherwise be designed and constructe so as Deleted: to - -- "� D of the site { Deleted: by amending the I conditional use permit.¶ Deleted: WECS installed in accordance with the requirements of this chapter shall riot generate power as a commercial enterprise, as defined by the State of Minnesota { Public Utilities Commission. Power can be sold back to the distribution grid but n Y Deleted: the Minnesota Pollution Control n Agecy (MPCA) 1 -- ._ -__ _. -. Beleeed: } Deleted: as adopted by the state of Minnesota; national electrical code as adopted by the state of Minnesota; Federal Aviation Administratan (FAA) requirements; and Minnesota Pollution Control Agency (MPCA)lEnv'ironmental Protection Agency (EPA) regulations (hazardous w aste, c stormwater, et c.) Deleted: shall 1 -- S - B. DESIGN REQUIREMENTS: 1) Blade ares,,sh have a minimum of thirty (30) feet of clearance over accessory structure or tree within the full are area„ 2) The WECS, including the blades, shall be grounded and shielded,_ 3) The WECS shall not include a tower - climbing apparatus within twelve feet of the ground. 4) The WECS shall display a sign @t the base of the tower, ,contain following information: a) A warning of high voltage, n emergent telex phone num I The emergency shutdown procedures, d' Additional ininlmntioli Mnay be required on the basis of indivi applications as safety needs dictate or as identified in conditional use permit. C. PERMIT REQUIREMENTS: A conditional use permit and a building permit ,iif r�equired prior to the erection of each WECS,,.No existing WECS shall be physically altered ,unless it is being removed from the property or through standard maintenance that does not expand the arc area or the height of the structur 1) Conditional Use Permit: A conditional use permit shall be required for each WECS in all zoning districts unless otherwise noted. applicant for the conditional use permit shall deposit with the City Clerk a policy of I liahility insuranr.P.for nersonal iniury or orooertv damaae in the sum of at least $ i u x,000. The issuing to give at le cancellation thereo the conditional use and bu automatically revoked upon the lapse or termination of 2) Building Permit: A building permit is required for the construction of a WECS. 9 -13 -5: COMMERCIAL WECS: A. LOCATION: Commercial WECS shall be allowed as a conditional use on parcels of land with a minimum of at least five (5) acres in size and in accordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: j Deleted: created by the WECS r Deleted. created by any blades used in the system 1i Deleted: to protect against natural lightning strikes in conformance with 1. the National Electrical Code.¶ ) y Deleted: posted Deleted: not to exceed two (2) square feet in area. The sign shall 1 Deleted: <fhThe manufacture's Formatted: Bullets an Num bering Deleted: signs Deleted: shall be -. Deleted: An approved conditional use permit shall be required prior to !. obtaining a building permit Deleted: without requiring an amendment to the conditional use Deleted: of the approved conditional use permit Deleted: Such conditions shall at a minimum: a) meet the permit and regulations established in this chapter an d; b) Deleted: indemnifying the applicant from liability _J Del 300 Deleted. of ins so deposited - Deleted: the same Deleted: f, -. -_ , Deleted: to be Deleted: shall Deleted: be 1) Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full arc area created by ' blades used in the system. i Deleted: any 2) The WECS, including the blades, shall be grounded and shielded , in � Deleted: to protect against natural i lightning strikes conformance with the National Electrical Code. - - - - -- — (0 — 3) The WECS shall not include a tower - climbing apparatus within twelve (12) feet of the ground. 4) The WECS shall display a sign posted at the base of the tower contain�i' Deleted: not to exceed two (2) the following information: square feet in area. The sign shall a) A warning of high voltage, L_ Deleted: The manudaclu Ws name, b) An emergency telephone number, Formatte Indent Left 07 j cl The emergency shutdown procedures, i Formatted: Bullets and Numbering c 01 ) signs may be required �a§ safety needs dictate or as Deleted: on the basis or individual identified in the conditional use permit. i applications C. PERMIT REQUIREMENTS: A conditional use permit and a building permit shall be required prior to the erection of each WECS. NQg xisting WECS shall be physically altered 4 yn e s it i s being removed from the property or through standard maintenance that does not expand the arc area or the height of the structure 1) Conditional Use Permit: A conditional use permit -- required for each WECS oted. Such conditions shall at a minimum: a) meet the permit and regulations established in this chapter an th e applicant for the conditional use permit shall deposit with the City Clerk a policy of liability insurance indemnifying the applicant from liability for personal injury or property damage in the sum of at least $500,000. The policy ,shali contain a clause obligating the company issuing the same to give at least thirty (30) days written notice to the City before cancellation thereo rra. ,con ditional use a nd building permits 'i c automatically revoked upon the lapse or termination of said policy. Deleted: An approved conditional use permit shall be required prior to obt aining a build permilL �j Deleted: without requiring an amendment to the conditional use permit VDeleted: of the approved conditional V use perms 'f Deleted snail 6e - -- Deleted in all zoning districts i Deleted: of insurance so deposited_ Deleted:, Deleted: th Deleted. e I 2) Building Permit: A building permit shall be required for the construction of Deleted:mbe a WECS. 9 -13 -6: ROOF MOUNTED t,[mSIL�EiU iIfL WECS: A. LOCATION: A WECS sited on top of a building shall be allowed as a conditional use„jn acc ordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 1) The WECS must be less than ten (10) kilowatts generating capacity. Deleted: only on parcels of land outside of the City of Andover's Municipal Urban Service Area (MUSA) with a minimum of at least two and a half (2.5) acres in size and 2) The WECS shall not extend higher than fifteen feet (15) above the maximum height allowed for the structure ,_ J Deleted: (ie. principal. accessory structure madmum height plus 15 1 's 3) Each WECS shall comply with applicable provisions of the Minnesota I feet) in which the WECS is mounted State Building Code. [ nn_1t 4) Certification of compliance by a state professional engineer is required. — I C. PERMIT REQUIREMENTS: A conditional use permit and a building permit m(: required prior to the erection of , >»_ WECS. No existing WECS shall be physically altered j unless it is being removed from the property or through standard maintenance that does not expand the are area or the height of the structure 1) Conditional Use Permit: A conditional use permit shall be required for each WECS unless otherwise noted. Such conditions shall at a minimum: a) meet the permit and regulations established in this chapter and; b) the applicant ,shall deposit with the City Clerk a policy of liability insurance indemnifying the applicant from liability for personal injury or property damage in the sum of at least $ .100,000. The policy shall contain a clause obligating the company issuing the same to give at least thirty (30) days written notice to the City before cancellation thereof a conditional use and building permits ` r: automatically revoked upon the lapse or termination of said policy. Building Permit: A building permit shall be required 9 -13 -7: EXCEPTIONS: Exceptions to the requirements of this chapter shall include windmills used for agricultural purposes ,,Said such exceptiog shall be allowed provided that they meet the following: 1) Windmill is not detrimental to the public health, safety and welfare of the neighboring property owners and occupants. 2) Windmill does constitute a Public Nuisance as outlined in Title 4: Public Health and Safety, of the City Code. TITLE 12 CHAPTER 12 -3 -5: MINIMUM DISTRICT REQUIREMENTS: B. Maximum Height: Deleted: shall be Deleted: each Deleted: An approved condtlonal use permit shall be required prior to obtaining a building permit. Deleted: without requiring an amendment to the conditional use Deleted: of the approved conditional use permit Deleted: in all zoning districts Deleted: for the conditional use permit Deleted: 300 Deleted: of insurance so deposited Deleted: the Deleted: to be - Deleted: for the construction of a WE rS. 9 Deleted: such as for pumping water or feeding Rvestoclt and decorative vnndmills that are less than thirty five I (35) feet in height I Deleted: s -- 1. Principal Structure Height: A Conditional Use Permit may be granted to allow principal buildings to exceed the height limits imposed by provigions of this title provided it is determined that: Deleted: fire protection and other .. a. Adequate 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. Deleted: c. In no event, however, shall any building occupy more than the permitted percentage of lot area as provided in this tide.. (Amended Or d. 314, 10 -q-OS) ¶ J z. Exemptions From Height Limits: Height limitations shall not apply to the following: a. Barns, silos and other agricultural structures for rural agricultural uses, b. Church spires, steeples, belfries, cupolas and domes c. Chimneys, flagpoles d. Public utility facilities e. Transmission towers and antennae subject to City Code 9 -12 f. Parapet walls extending not more than four feet (4) above the height of the building. (Amended Ord. 314 10-4 -2005) g. Wind Energy Conversion Systems (WECS) subject to City Code Title 9, Chapter # 13. (see chart on following pages) — Chapter 12 PERMITTED, CONDITIONAL AND PROHIBITED USEe i Formatted: Left: 1.25 ", Right: 1.25 ", Top: 1 ", Bottom: 1 ", Width: i a.5" Height 11" P- Permitted Use R -1- Single Family -Rural M -2- Multiple Dwelling - Neighl PA- Permitted Accessory Use R -2- Single Family- Estate GR- General Recreation SC- Sho C- Conditional Use R -3- Single Family- Suburban LB- Limited Business GB- Gene X- Prohibited Use R -4- Single Family- Urban NB- Neighborhood Business I- hndustri. PUD- Planned Unit Development R -5- Manufactured Housing SC- Shopping Center (blank)- Use Not Permitted M -1- Multiple Dwelling- Low Densit GB- General Business Permitted, Permitted Accesso , Conditional, and Prohibited Uses Zoninj Districts R -1 R -2 R -3 R4 R -5 M -1 M-2 GR Adult use business as defined in Title 3, Chapter 7 of the City Code Agricu ltural uses - rural outside MUSA boundary only) P P P Agricultural uses - urban P P P P Annual Therapy Facility-on properties larger than five acres in size C C C Any incidental repair, processing, and storage necessary to conduct a permitted principal use but not to exceed thirty percent (3(r) of the floor areas ace of the principal building. Antennas in excess of thirty-five feet (35') in height C C C C C C C C Auto reduction yards X X X X X X X X Automotive recycling ds X X X X X X X X Automobile Service Stations Barbershops and beauty salons C C C C C C C Bulk fuel storage tanks greater than 1,000 gallon storage capacity) C Business schools Cabinet making/wood workin g (home occ tion C Car wash automated Car wash self service Car wash, accessory to automobile service station Cemeteries C C C C C C C Two - family home conversions (splits) C C C C C C C Uses which may be detrimental to the health, safety, and welfare of arsons residing or working in the vicini X X X X X X X X Vehicle sales (new) Vehicle sales (used) Veterinary clinics (no outside pens or animal storage) . Veterinary clinics (no outside pens) Vocational trade, business, and technical schools Warehouses Wholesale businesses Wind Energy Conversion Systems (WECS) - as defined in and in compliance with Title 9, Chapter 13 of this code WECS are prohibited on WDE site. C C C C C C C C Deleted: (5 acres minimum required Deleted: in scaucRnwWay an d i Deleted: Rnnfmnunted WRCS •� prohibited avithin the MUSA boundary. -1U- Adopted by the City Council of the City of Andover on this 4th day of August, 2010. ATTEST: Michelle Hartner, Deputy City Clerk Mayor CITY OF ANDOVER Michael R. Gamache, 'S+,, c rod CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 390 THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 13: WIND ENERGY CONVERSION SYSTEMS CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 3: ZONING DISTRICTS AND MAP CHAPTER 12: PERMITTED, CONDITIONAL AND PROHIBITED USES ENUMERATED (Strikeouts are language to be removed and underlining represents new language to be added) TITLE 9 Chapter 13 Wind Energy Conversion Systems SECTION 9 -13 -1: Purpose and Intent 9 -13 -2: Definitions 9 -13 -3: General Standards 9 -13-4: Residential WECS 9 -13 -5: Commercial WECS 9 -13 -6: Roof Mounted WECS 9 -13 -7: Exceptions to the Requirements of this Chapter 9131• PURPOSE AND INTENT: The purpose of this chap is to $ stems as Elie LeL;111jL)JVLjy umvinuo also to establish predictable and balanced regulations for the establishment of commercial residential and roof mounted WECS in the locations and circumstances under which the use may be established without detriment to the p ublic health safety and welfare of the neighboring property ow ners and occupants. 9 -13-2: DEFINITIONS: The following words and terms shall ha following meanings when used in this chapter:_ WIND ENERGY CONVERSION SYSTEM (WECS): Any device such as a wind charger, or wind turbine, which converts wind energy to a form of usable energy. Windmills used for agricultural purposes such as for pumping water or feeding a , - livestock and decorative windmills that are less than thirty five (35) feet in height shall be excluded from this definition. COMMERCIAL WECS: Means a WECS of forty (40) kilowatts o more in total name plate gen erating capacily. RESIDENTIAL WECS: ROOF MOUNTED WECS: WECS HEIGHT: Means a WECS of less than forty (40) kilowatts in total name plate generating ca acit . Means a WECS mounted on top of a building as set forth in Section 9 -9 -3. The height of the tower /pole plus the rotor radius. 9-13-3: GENERAL STANDARDS• The following ge neral standards are reauirements of th three types of Wind Energy Conversions Systems (WECS. Residential WECS Commercial WECS and Roof Mounted WECS t hat are regulated within the City of Andover. 1) 2) WECS PROHIBITED: a) WECS s hall be prohibited within the City of Andover on any parcel lo within the Scenic River Way or on any l and within the Waste Disposal Engineering (WDE) Landfill site. b) Roof m ounted WECS shall be prohibited on any p arcel_ lo cated within th City of Andover's Municipal Urban Service Area (MUS 3) SETB ACKS: The setbacks shall be at least the followi dis tances: a) From the nearest dwelling, school business or other habitable s 300 feet or 1.5 times the height of the WECS whichever is greater. b) F the nearest public right -of -way' 300 feet or 1.5 times the height of the WECS whichever is greate c) From the nearest property line: 300 feet or 1.5 times the height of the WE CS whichever is greater In no instance shall any porti of the WECS extend over any property hne including the full arc area created by any blades used in the system. d) From r ecreational fields: 300 feet or 1.5 times the height of the WECS whichever is greater. However, in no instan shall any portio of the WECS extend over any blades use in the sy stem. 13 e) No portio of the WECS including the full arc area created by an blades used in the system shall extend over any aboveground power line or drainage and utility easem 4) Th e WECS shall be equipped with both a manual and an automatic braking device capable of stopping the WECS opera in hi gh winds. 5) No WEC shall have affixed or attached lights refle ctors, flash or any other i llumination except for those devices required by the Federal Aviation Administration. 6) The WEC shall be filtered shielded or otherwis be de signed and constru so as not to cause electrical radio freq uency television. and other communication signal interference. 7) All o bsolete and unused towers and equipment shall be removed within twelve (12) m onths of cessation of operation of the site unless the City Council gra nts an exemption or an extension by amending the conditional use permit. 8) WECS inst alled in accordance with the requirements of this chapter shall not generate power as a commercial entelprise, as defined by the State of Minnesota Public Utilities (;ommission. Power can be sold back to the distribution grid but no "wind farms" are allowed. 9) Noise. All WECS shall comply with the Minnesota Pollution Control Agency MPCA) standards for noise and those standards set forth in Title 5 Chapter 6 of the City of Andover's City (!ode. 10)AIl WECS shall comply with all applicable state an federa regulations, standa including the uniform building code as a dopted by the state of Minn esota; national electrical code as adopted by the state of Minnesota. Fe deral Aviation Administration FAA requirements; and Minnesota Pollution Cont Agency (MPCA) /Environmental Protection Agency (EPA) regula (hazardous waste construction stormw etc.) 11)Violation Revocation of Permit: Violation of any provi of t his chapter is rounds for revocation of a conditional use permit for a WECS and /or removal of a WECS. 9 -13 -4: RESIDENTIAL WECS: A. LOCATION: Residential WECS shall be allowed as a conditional use on pa rcels of land meeting the setback requirements listed in Section 9 -13 -3 and in accordan with the permit and regulations establishe in this ch apter. B. DESIGN REQUIREMENTS: — 14— 1) Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full arc area created by any blades used in the system. 2) The WECS including the blades shall be grounde and shielded to p rotect against natural lightning strikes in conformance with the National Electrical Code. 3) The WEC shall not include a tower climbing apparatus within twelve (12) feet of the ground. 4) information: a) A warning of high voltage, b) The manufacture's name, c) An emergency telephone number, d) The emergency shutdown procedures, e) Additional signs may be required on the basis of individual applications as safety needs dictate or as identified in the conditional use permit. C PER MIT REQUIREMENTS: A conditional use permi and a b uilding permit sha be required prior to the erection of each WECS. An a p p roved conditional use permit shall be required prior to obtaining a building p ermit. No existin WE shall be physically altered without requiring an amendment to the conditional u se permit unless it is being removed from the p roperty or throw h standard m aintenance that does not expand the arc area or the hei ght of the structure of the approved conditional use p ermit. 1) C onditional Use Permit: A conditional use permit shall be required for each WECS in all zoning districts unless otherwise noted. Such conditions sha at a minimum: a) meet the permit and regulations established in this YYILII Lllc v, v,v... ... -• -- -- - - - - -- - fro liability for personal iniuN or property damage in the sum of at leas $3 The policy of insurance so deposited shall contain a clause obligating the company issuing the same to give at least thirty (30) days written notice to the City before cancellation thereof, the conditional use and bu ilding permits to be automatically revoked upon the lap or termination of said policy. 2) Buil ding Permit: A building permit shall be required for the construction of a WECS. 9 -13 -5: COMMERCIAL WECS: A. LOCATION: Commercial WECS shall be allowed as a conditional use on parcels of land with a minimum of at least five (5) acres in s ize and in accordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 1) Blade ar cs created by the WECS shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full arc area created by any blades used in the system. 2) The WECS including the blades shall be grounde and shielded to p rotect against natural lightning strikes in conformance with the National Electrical Code. 3) The WEC shall not include a tower - climbing apparatus w ithin twelve (12) feet of the ground. 4) The WECS shall display a sin posted at the base of the tower, not to exceed t wo (2) square feet in area The sign shall conta the following information: a) A warning of high voltage, b) The manufacture's name,. c) An emergency telephone number, d) The emergency shutdown procedures, e) Additional signs may be required on the basis of individual applications as safety needs dictate or as id in the conditional use permit. C P ERMIT REQUIREMENTS: A conditional use permit and a build Permit sh all be required prior to the erection of each WECS. An ap proved conditional use permit shall be required prior to obtaining a budding pe rmit. No existing W shall be physically altered without requiring an a mendment to the conditional use permit unless it is being removed from the p roperty or through standard maintenance that does not expand the are area or the heig of the structure of the approved conditional use permit. 1) Condi tional Use Permit: A conditional use permit shall b required for each WECS in all zoning districts unless otherwise noted. Such con sha at a minimum: a) meet the permit and regulations e in this c hapter and; b) the applicant for the conditional use pe rmit shall deposit with the City Clerk a policy of liability insurance indemnifying the applicant fr liab for personal injury or property damage in the sum of at least $500, The poli o f insurance so deposited shall c a clause obligating the company issuing the same to give at lea thirty (30) days written notice to the City before cancellation thereof, the conditional use and buil ding permits to be automatically revoked up the lapse_ or termination of said policy. '�0— 2) Buildi Permit: A building permit shall be required f the construction of a WECS. 9 -13 -6: ROOF MOUNTED WECS: A. LOCATION: A WECS sited on top of a building shall be allowed as a conditi use only on parcels of land outside of the Cit of Andover Municipal Urban Service A rea (MUSA) with a minimum of at least tw and a half (2.5 ) acres in size and in accordance with the permit and regulations es tablished in this chapter. B. D E S IGN REQUIREMENTS: 1) The WECS must be less than ten (10) kilowatts gen erating capacity. 2) The WECS shall not extend higher than fifteen feet 15' above the maximum height allowed for the structure tie p rincipal, accesso st ructure 's maximum height plus 15 feet) in which the WECS Is mounted on. 3) Each WECS shall comply with applicable Provisions of the Minnesota State Building Code. 4) Certificatio of compliance by a state professional eng ineer is required. C. PERMIT REQUIREMENTS: A conditional use permit and a building ermit shall be required Prior to the erection of each WECS. An aporoved conditional use permit s hall be required prior to obtaining a b uilding . No existin WEC shall be physicalIV altered without reguiring an am endment to the co nditional u se permit unless it is being removed from t he property or through s tandard ma intenance that does not expand the arc area or the height of the s tructure of the approved conditional use permit. 1) Conditio Use Permit: A conditional use permit shall be required for each WECS in all zoning districts unless otherwise noted. Su conditions sh all at a minimum: a meet the permit and regulations established in this chap a nd b) the applicant for the conditional use p ermit sh all deposit wi the City Clerk a policy of liability insurance indem nifying t he applicant from l iability for personal iniury or property damage in the sum of at least $300 ,000. The policy of insurance so deposited shall cont a clause obligating the company issuing the same to give at l east thirty (30) days wri tten notice to the City before cancellation thereof the con ditional use and bu i ld ing permits to be automatically revoked upon th lapse or termination of said policy. 2) Building Permit: A building permit shall be required for the construction of a WECS. 9-1 3-7: E XCEPTIONS - Exceptions to the requirem o f this chapter shall incl win dmills used for agricultural purposes such as for pum ping water or feeding livesto and decorative windmills that are less than thir five (35) feet in —11— height S aid such exceptions shall be allowed provided tha they me et the following: 1) Windm is not detrimental to the public health safety and welfare of the neighboring property owners and occupants. 2) Windmill does constitute a Public Nuisance as outlined in Title 4: Public Health and Safety, of the City Code. TITLE 12 CHAPTER 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) 2. Exemptions From Height Limits: Height limitations shall not apply to the following: a. Barns, silos and other agricultural structures for rural agricultural uses, b. Church spires, steeples, belfries, cupolas and domes c. Chimneys, flagpoles d. Public utility facilities e. Transmission towers and antennae subject to City Code 9 -12 f. Parapet walls extending not more than four feet (4') above the height of the building. (Amended Ord. 314 10-4 -2005) lg — q Wind Enemy Conversion Systems (WECS) subiect to C Code Title 9 Chapter # 13. (see chart on following pages) - 161 - W r�- W COO H P4 0 cwt O U � 0 W F a N a uXXU U a P d -1 Y N A, PO rA P UX>CU U U w P UX>CU 1 a V1 (7 N U >C ?C a a N P. � •O N � N N A�� 3 N PG ap �a'zC40� 11,1,1 " N o U � o W j v T 1 1 f ro a� 33 A a UXX U U CC P+ U >C 7C U aaaaa�A U en U U X X d U ai a P. U U >C >C N U � O to Q N N d 0 U U 0 � U d m ^ � a 1 O O1i 1 U a P; p�„UPC F.1 a uXXU U a P d -1 U>C>CU U A, PO rA P UX>CU U U w P UX>CU U a a U >C ?C a a P. U X>C 3 " N U d rr a UXX U U CC P+ U >C 7C U U en U U X X U U a P. U U >C >C U U U U U U d m cd y d U N a o QI .b y,a ❑ O .'7 N y N yV Y N cti 00 q 00 CL bi p V N O O V] a`3 '� r• N O fJ 0 +- y y y b O r m m O yy 8 Yj t C' v o g 0 v O P64 • O -yw vi H 'a N + U N cC '� O 'v vNi Y m a o 0 ° Y 0 � a 3 y • 7 3 y 3 a dddd¢ oddd0�1WW000Uc r'� lO l3 R lC GO Q P4, - -- — � \- k o o a a Q k u / m= a Q x u 9 a o Q x. R U a U o k a g R e 0 x U u k Q ox U u R Q Q x U q§m d \ e °0 \ A L9 \ t s ` \ ) 4n � / 4 - f]•2 m % %\ \ate o 0 \� ƒ 0 � § ) @ m Ei ] 9 ® \ § - -- — � \- Adopted by the City Council of the City of Andover on this 16' day of March, 2010. ATTEST: CITY OF ANDOVER M�helle Ha rtner, Deputy City Clerk Michael R Gamache, Mayor I D �, — CHAPTER NOISE CONTROL SECTION: 5 -6 -1: Definitions 5 -6 -2: Noises Prohibited 5 -6 -3: Hourly Restrictions On Certain Operations 5 -6-4: Receiving Land Use Standards 5 -6 -5: Administration; Testing Procedures, Studies, And Noise Impact Statements 5 -6 -6: Enforcement; Penalties 5 -6 -1: DEFINITIONS: Words and phrases defined in this section have, when used in this chapter, the meanings below. Any other word or phrase used in this chapter, and defined in regulations of the Minnesota Pollution Control Agency (MPCA) Noise Pollution Control Rules Chapter 7030, has the meaning given in those regulations. AIR CIRCULATION DEVICE: Mechanism designed and used for the controlled flow of air used in ventilation, cooling, or conditioning, including, but not limited to, central and window air conditioning units. L10: A sound level, expressed in decibels (dBA) which is exceeded ten percent (10 %) of the time for a one hour period, as measured by a sound meter having characteristics as specified in the latest standards, SII A of the American National Standards Institute and using generally accepted test procedures adopted by the MPCA. L50: A sound level, expressed in decibels (dBA), which is exceeded fifty percent (50 %) of the time for a one hour period, as measured by a sound level meter having characteristics as specified in the latest standards, S1.4, of the American National Standards Institute and using generally accepted test procedures adopted by the MPCA. PERSON: An individual, firm, partnership, corporation, trustee, association, the state and its agencies and a3 subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, "person" shall include employees and licensees. (Amended Ord. 230, 6- 17 -1997) 5 -6 -2: NOISES PROHIBITED: No person shall make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, health, peace, safety, or welfare of any persons or precludes their enjoyment of property or affects their property's value. The general prohibition is not limited by the specific restrictions of the following: A. Motor Vehicles: No person shall operate a motor vehicle in the city in violation of the motor vehicle noise limits of the Minnesota Pollution Control Agency. B. Horns, Audible Signaling Devices: No person shall sound any signaling device on any vehicle except as a warning of danger, as required by Minnesota Statutes Section 169.68, as amended. C. Exhaust: No person shall discharge the exhaust, or permit the discharge of the exhaust, of any steam engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom and complies with all applicable state laws and regulations. D. Defective Vehicles Or Loads: No person shall use any vehicle so out of repair or so loaded as to create loud and unnecessary grating, grinding, rattling, or other noise. E. Loading, Unloading, Unpacking: No person shall create loud and excessive noise in loading, unloading, or unpacking any vehicle'. F. Radios, Phonographs, Paging Systems: No person shall use or operate or permit the use or operation of any radio receiving set, musical instrument, phonograph, paging system, machine, or other device for the production or reproduction of sound in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of any person nearby. Operation of any such set, instrument, phonograph, machine, or other device between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. in such a manner as to be plainly audible at the property line of the structure or building in which it is located, in the hallway or apartment adjacent, or at a distance of fifty feet (50'), if the source is located outside a structure or building, shall be prima facie evidence of a ' See subsection 12- 14 -11A3 of this code for specific hours. violation of this section. G. Noisy Parties Or Gatherings: When a police officer determines that a gathering is creating an excessive noise disturbance, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disperse immediately. No person shall refuse to leave after being ordered by a police officer to do so. Every owner or tenant of such premises who has knowledge of the disturbance shall make every effort to see that the disturbance is stopped. H. Loudspeakers, Amplifiers For Advertising: No person shall operate or permit the use or operation of any loudspeaker, sound amplifier, or other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. I. Adjacent To Schools, Churches And Hospitals: No person shall create any excessive noise on a street, alley, or public grounds adjacent to any school, institution of learning, church, or hospital when the noise unreasonably interferes with the working of the institution or disturbs or unduly annoys its occupants or residents and when conspicuous signs indicate the presence of such institution. (Amended Ord. 230, 6 -17 -1997) 5 -6 -3: HOURLY RESTRICTIONS ON CERTAIN OPERATIONS': A. Construction Activities: No person shall engage in or permit construction activities involving the use of any kind of electric powered, diesel powered or gas powered machine or other equipment which creates noise that is audible at the property line, except between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. B. Other Permitted Activities: 1. The following acts or noises are permitted between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. daily: a. Equipment used in connection with special events or activities which are authorized, sponsored, permitted or approved in the city by the City Council, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity. See also subsection 12- 14 -11A3 of this code, hours restricted for loading and unloading materials near residential districts. -Css b. Church bells, chimes or carillons, school bells, or emergency civil defense warning signals. c. Antitheft devices. d. Machines or devices for the production of sound on or in authorized emergency vehicles. 2. Noise created exclusively in the performance of emergency work to preserve the public health, safety, or welfare, or in the performance of emergency work necessary to restore a public service or eliminate a public hazard shall be exempt from the provisions of this chapter for a period not to exceed twenty four (24) hours after the work is commenced. Persons responsible for such work shall inform the Zoning Administrator or other city employee of the need to initiate such work or, if the work is commenced during non - business hours of the city, at the beginning of business hours of the first business day thereafter. Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise. (Amended Ord. 230, 6 -17 -1997) 5 -6 -4: RECEIVING LAND USE STANDARDS: A. No person shall operate or cause or permit to be operated any source of noise in such a manner as to create a noise level exceeding the limit set in Table 1 for the receiving land use category specified when measured at a point of normal human activity of the receiving land use. TABLE 1. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS Day Night (7:00 A.M. - 10:00 P.M.) (10:00 P.M. - 7:00 A.M.) Land Use Districts L10 L50 L10 L50 Residential 65 60 55 50 Commercial 70 65 70 65 Industrial 80 75 80 75 B. These levels prescribed do not apply to noise originating on public streets and alleys, but such noise shall be subject to other applicable sections of this chapter. (Amended Ord. 230, 6 -17 -1997) 5 -6 -5: ADMINISTRATION; TESTING PROCEDURES, STUDIES, AND NOISE IMPACT STATEMENTS: A. Administrative Officer: The noise control program established by this chapter shall be administered by the City Administrator or designee. B. Testing Guidelines: The city shall adopt guidelines establishing the test procedures and instrumentation to be used in enforcing the provisions of Section 5 -6-4 of this chapter imposing noise standards. A copy of such guidelines shall be kept on file in the Planning and Zoning Department and shall be available to the public for reference during office hours. C. Studies: The City Administrator or designee shall conduct such research, monitoring, and other studies related to sound as are necessary or useful in enforcing this chapter and reducing noise in the city. He or she shall make such investigations and inspections in accordance with the law as required in applying ordinance requirements. D. Noise Impact Statement: The City Administrator or designee may require any person applying to the city for a change in zoning classification or a permit or license for any structure, operation, process, installation, or alteration, or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the officer. He or she shall evaluate each such statement and make appropriate recommendations to the Council or other agency or officer authorized to take the action or approve the license or permit applied for. (Amended Ord. 230, 6 -17 -1997) 5 -6 -6: ENFORCEMENT; PENALTIES: A. Notice Of Violation: When the city determines that a noise exceeds the maximum sound level permitted under Section 5 -6 -4 of this chapter, written notice of the violation shall be given to the owner or occupant of the premises where the noise originates, and such person shall be ordered to correct or remove each specified violation within such reasonable time as is prescribed in the notice. The failure to remove or correct any such violation within the time so prescribed constitutes a violation of this chapter. B. Civil Remedies: This chapter may be enforced by injunction, action for abatement, or other appropriate civil remedy. C. Criminal Penalties: Any violation of this chapter involving the operation of a motor vehicle is a petty misdemeanor and, upon conviction, the violator shall be punished by a fine not to exceed one hundred dollars ($100.00). - a1 - Every person who violates any other provision of this chapter is guilty of a misdemeanor and shall, upon conviction, be punishable as provided in Section 1 -4 -1 of this code. (Amended Ord. 230, 6 -17 -1997; amd. 2003 Code) _C) ANDOVER CITY COUNCIL WORKSHOP MEETING — MAY 20, 2010 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, May 20, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: Assistant Public Works Director, Todd Haas City Administrator, Jim Dickinson Others The meeting was called to order following the Community Garden Plot Ribbon Cutting Ceremony. DISCUSS WIND TURBINE ORDINANCE Mr. Dickinson explained on March 16, 2010 the City Council approved Ordinance No. 390 which includes regulations for wind energy conversion systems. Recently, Councilmember Dori Jac submitted revised language suggestions for consideration. Councilmember Jacobson reviewed with the rest of the Council the revised language he car.W,up with to improve the Ordinance. Councilmember Trude stated on page 2 under WECS prohibited she wanted to add a word ... shall be prohibited "on" but she wanted to know why this would matter. She said it would be fine if it was omitted because they do not control it. Councilmember Knight agreed. Councilmember Trude stated she would like to remove this from the ordinance. The Council discussed roof mounted turbines. Mr. Dickinson stated the question was if the Council still wanted roof mounted prohibited within the MUSA area. He stated Councilmember Jacobson is proposing to remove this from the ordinance so roof mounted turbines would be allowed throughout the entire City. Councilmember's Knight and Bukkila stated they would not want to remove that from the ordinance. Councilmember Bukkila asked if it were roof mounted would it still be under conditional use. Mr. Dickinson indicated it would. Councilmember Bukkila stated she would not have a problem with that if each one was reviewed. - ")t Andover City Council Workshop Meeting Minutes — May 20, 2010 Page 2 Mr. Dickinson noted most current residential roofs are likely not designed to structurally hold a turbine so he believed new construction would be where most would likely be proposed. Councilmember Bukkila stated because these are so new she thought there will be improvements to them in the future so she did not want to prohibit them at this time. Councilmember Bukkila asked if someone installs one of these and taps into the grid will the utility companies get involved. Councilmember Jacobson stated these would be for home use and not powerful enough to tap into the grid and to supply electricity to a full household. Councilmember Trude asked if they will need to add this to the building code. Mr. Dickinson stated if someone were to come in for approval they would need to get a structural analysis done to see if the structure is strong enough to hold a wind turbine. Setbacks Mayor Gamache stated he liked the proposed changes to the setback section. Mayor Gamache asked how they would measure the setback if the turbine is on top of the home. Mr. Dickinson stated they would follow the design requirements for these. Councilmember Knight asked how they would control a noise nuisance that would be continuous. Mr. Dickinson stated that would be listed in the nuisance ordinance. The Council continued to discuss possible noise issues related to wind turbines. Councilmember Trude asked if wind turbines will be allowed in front yards. Mr. Dickinson stated it depended on where on the lot the wind turbine would fit with the setback requirements. Councilmember Jacobson asked Mr. Dickinson to check with the City Attorney regarding this. Mr. Dickinson preferred to keep the insurance liability requirement at $300,000 since that is the standard amount provided on a homeowner's policy. The Council concurred with the changes that were proposed to the Ordinance. Mr. Dickinson indicated the proposed changes would need to go through the prfto hbay!htg again. 2011 -2015 CAPITAL IMPROVEMENT PROGRESS REPORT Mr. Dickinson stated Administration/Finance along with all other City Departments are well underway in the process of developing a 2011 -2015 CIP. As part of the process, staff is working with various committees and commissions to assist them in completing their work. 3 L - Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2009 Page 2 Pastor Mark Hellmann, Grace Lutheran Church, and Scott Christianson, Church Leadership were at the meeting. Pastor Hellmann stated they did have the conversation at the YMCA and it turned out great. He stated it was very positive and a great beginning conversation. Chair Daninger stated Grace Lutheran Church did a nice job of canvassing the neighborhood and putting fliers out. He stated all the questions and concerns were answered. Motion by Casey, seconded by Kirchoff, to close the public hearing. Motion carried on a 6 -ayes, 0 -nays, i- absent (Cleveland) vote. Commissioner Kirchoff stated he liked the new sign. Motion by Walton, seconded by Casey, to recommend to the City Council approval of Resolution No. b JI qto approve the proposed Conditional Use Permit. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Cleveland) vote. Ms. Perera stated that this item would be before the Council at the December 15, 2009 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE FOR WIND TURBINES Ms. Perera noted the purpose of the public hearing is to continue the discussion of adopting language into the City Code pertaining to wind energy that would allow certain wind turbines within the City. Ms. Perera reviewed the information with the Commission. Commissioner Casey stated he had concern with these being mounted on roof tops and felt they should have a conditional use permit for these. He was concerned about other residents complaining about blocking views. Ms. Perera reviewed what some of the other cities have made for restrictions regarding this. Commissioner Casey stated he would like to look further at the Cottage Grove code regarding this because it seemed to fit into what he was suggesting. Chairperson Daninger asked if 2.5 acres minimum requirement would still leave Commissioner Casey with concerns. Commissioner Casey stated it would not, he was more concerned with homes in a denser area. Ms. Perera reviewed Maple Grove's Ordinance regarding wind turbines. Chairperson Daninger thought the last time this was revier ey wero all in favor' trying to keep this out of the small lot residential aid they were all in favor of conditional _3i, Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2009 Page 3 use permit for all applications because it is new. If they say they want a conditional use permit on all aspects then they do not need to go through all the categories in the chart. Ms. Perera stated that was correct. Chairperson Daninger asked how the City Council felt about thus. Ms. Perera stated this was discussed at a City Council workshop and they wanted the Planning Commission feedback on what types should be allowed. The Commission was in concurrence with having a conditional use permit on all aspects. The Commission dis a' cussed how the City would regulate wind turbines and what are they would be in along with setbacks. Commissioner Kirchoff stated he was concerned that a wind turbine could go into a park or at the High School. Ms. Perera stated the High School would need to meet setbacks but it would be allowed there if they wanted to have one. Commissioner Kirchoff wondered if they could place s restrldow that it would need to be one thrntsand &-et fieffl. raddINW. Ms. Perera stated they could do that. Commissioner Walton stated his concern was if they get too restrictive the schools may not be able to look at alternative energy to save costs and could possibly close more schools. Commissioner Holthus stated if this would be conditional use the Planning Commission could recommend approval to the City Council on a case by case basis. Commissioner Walton thought they needed to start out with this being loosmand dghtw -- it up as they go along because if it is too restrictive there will not be anyone applying for it. Commissioner Holthus stated commercial wind turbines are very loud so they need to be far away from residential if they are to be allowed in the City. Ms. Perera stated the large commercial wind turbines would be allowed in the City but would need to meet the noise ordinance. The Commission discussed wind turbines and noise. Commissioner Kirchoff stated the Parks Department would be responsible for reviewing and recommending allowing or denying wind turbines in the park. Chairperson Daninger wondered if they needed to still determine between a commercial and non - commercial based upon the language that is going to be in the ordinance. Commissioner Kirchoff thought that was in there already because it was his j a� Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2009 Page 4 understanding that anything over 40 Icwh was commercial. Chairperson Daninger wondered if they needed to restrict that further. Commissioner Walton felt this was adequate for now and they can restrict this further if necessary in the future. Chairperson Daninger asked if they could eliminate Section 9 -13 -5. Ms. Perera stated they could if they wanted to simply state it was a conditional use permit. If they did want to prohibit it within certain areas of the City they would want to list that somewhere. Ms. Perera stated roof mounted wind turbines are not discussed so it should be added to the wording. The Commission discussed Section 9 -13 -5 and decided that a minimum of five acres for a commercial wind turbine would work. The Commission discussed different areas in the City to see if they wanted to restrict wind turbines anywhere. Chairperson Daninger thought they could restrict them in the scenic river way. Commissioner Kirchoff thought this would be restricted anyways because it is governed by the scenic river guidelines. Chairperson Daninger reviewed the Commission discussion. He stated the Commission was comfortable with non - commercial having a conditional use permit for it and general standard will apply to it. The Commission decided to make the wind turbines prohibited in the scenic water way and WDE for commercial and non - commercial wind turbines and if commercial needs to be at least a minimum of five acres. The Commission discussed roof tip wind turbines and if they should be permitted. Commissioner Falk stated he did not like the idea of these. Commissioner Kirchoff agreed. Commissioner Holthus thought if it would save money she would not mind having them on roofs. Commissioner Walton thought they could limit these to 2.5 acres or more. The Commission liked that idea. Motion by Walton, seconded by Falk, to open the public hearing. Motion carried on a 6- ayes, 0 -nays, 1- absent (Cleveland) vote. There was no public input. 33 - Regular Andover Planning and Zoning Commission Meeting Minutes — December 8, 2009 Page 5 Motion by Kirchoff, seconded by Casey, to close the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Cleveland) vote. Motion by Kirchoff, seconded by Casey, to recommend approval based on discussed changes. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Cleveland) vote. Ms. Perera stated that this item would be before the Council at the December 15, 2009 City Council meeting. OTHER BUSINESS. Ms. Perera updated the Planning Commission on related items. ADJOURNMENT. Motion by Kirchoff, seconded by Falk, to adjourn the meeting at 8:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Cleveland) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. _ 3y _ 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 August EDA meeting DATE: August 4, 2010 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the August 17, 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. TIF District & EDA Budget Update 3. Andover Station Maintenance Discussion 4. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the August 17, 2010 City Council meeting. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report August 4, 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. ----- -------.---.-- 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 August 4, 2010 City Council Meeting DATE: August 4, 21010 The City Council is requested to receive the following supplemental information. Consent Items Item #4. Award Bid/09-18/Hawkridge Park Reconstruction/Well (Supplemental) - Engineering Discussion Items Item #11. Public Hearing/City Code Amendment to Allow Lots at Least 2.375 Acres in Size to be Considered Equivalent to 2.5 Acre Lots for the Purposes of Interpreting the City Code (Supplemental) - Planning Item #11. Additional Information - Public Hearing/City Code Amendment to Allow Lots at Least 2.375 Acres in Size to be Considered Equivalent to 2.5 Acre Lots for the Purposes of Interpreting the City Code (Supplemental) - Planning -- @ 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: J;m D;,k;,oo" c;ty Adm;,;"",", ~ FROM: David D. Berkowitz, Director of Public \\ ~rks/City Engineer SUBJECT: Award Bid/09-18/Hawkridge Park Reconstruction/Well (Supplemental) - Engineering DATE: August 4, 2010 INTRODUCTION The City Council is requested to receive bids and consider awarding the contract for Project 09-18, Hawkridge Park Reconstruction/Well. DISCUSSION The bid opening was held on August 2, 2010. Bids received are as following: Contractor Bid Amount Bid Alternate Mark J. Traut Wells $143,185.00 $138,745.00 Municipal Builders $153,345.00 $153,345.00 The cost of this low bid is substantially higher ($54,745) than was originally estimated a year ago for this project, the original estimate was $84,000. This cost estimate was based on what was experienced at Sunshine Park, providing a well to irrigate the ball fields there. Since the bid opening, staff has done further research to deternline the reasons for the overage. The project was specified to provide a well to serve Hawkridge Park for irrigation and also for Municipal water for a future building at the park. The additional design and testing requirements for the service to a future building, while not the only driver, is a significant driver of the overage, estimated at $23,000 additional. The main design differences for this well include separating the water for irrigation and for public consumption. There are also additional testing requirements for a well that will be used for Municipal use when compared to a well strictly for irrigation. The other driver of the overage after discussion with the City's consultant and contractors was the use of Sunshine Park as a baseline, the Sunshine Park irrigation well received very low bids prices when compared to similar projects, and for that project the City functioned as the general contractor. This is the primary basis for why the well costs were underestimated. The current budget for this project is $225,000 with $100,000 being donated from North Metro Soccer. To complete the project staff based on the bids received, staff will need to request an increase in the budget for the project. Engineering and Administration have looked at various cost saving measures and project budget allocations to offset the well construction costs and are limiting the additional budget request to $30,000 for the Phase I project. Afayor and Councill'vfembers August 4,2010 Page 20f2 BUDGET IMPACT The well construction is currently funded by $125,000 from the Park Improvement fund and the $100,000 donation from North Metro Soccer Association. The additional request for $30,000 would be from the Park Improvement fund. ACTION REQUIRED The City Council is requested to authorize and additional $30,000 from the Park Improvement fund to the Hawkridge Park project budget and approve the resolution accepting bids and awarding the contract to Mark J. Traut Wells in the amount of$138,745.00 (Bid Alternate) for Project 09-18, Hawkridge Park Reconstruction/Well. Respectfully submitted, ~~~;,,~ ./ ./ ./ Attachments: Resolution, Recommendation Letter and Bid Tabulation CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09-18, HAWKRIDGE PARK RECONSTRUCTION/WELL. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 054-10 , dated July 6, 2010, bids were received, opened and tabulated according to law with results as follows: Contractor Bid Amount Bid Alternate Mark J. Traut Wells $143,185,00 $138,745.00 Municipal Builders $153,345,00 $153,345.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mark J, Traut Wells as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Mark J, Traut Wells in the amount of $138,745.00 (Bid Alternate ) for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 4th day of Auqust , 2010 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk ---_._._~--- ---_.-------- -------- m SOL TON 8.- 1'../1 EN K. / IN~ Consulting Engineers & Surveyors 2035 County Road D East. Suite B' Maplewood. MN 55109-5314 Phone (651) 704-9970' Fax (651) 704-9971 www,bolton-menk,com August 2, 20 I 0 Mr. Dave Berkowitz, P.E. Director of Public Works / City Engineer City of Andover 1685 Crosstown Blvd NW Andover, Minnesota 55304-2612 RE: I lawkridge Park Irrigation Well/Pumping System and Groundwater Appropriation Permit Applications Bids Received - Recommendation of Contract Award Dear Mr, Berkowitz, The following two bids were received on August 2, 2010 for the construction of the Hawkridge Park Irrigation Well/Pumping System. A bid abstract is attached for your information. Thc bid fonn included a base bid with a completion date of September 30,20 I 0 and a bid alternate with a later completion date of October 14,20 I O. Thc total unit price bids received arc summarized as follows: Bidder Total Unit Price Bid Amount Total Unit Price Bid for September 30, 2010 Amouut for October 14, Completion 2010 Completion (Bid Alternate) Mark J. Traut Wells $143,185,00 SI38,745.00 E.H. Renner & Sons $153,345.00 S153,345.00 Mark J. Traut Wells submittcd the lowest bid for both the base bid completion date and the bid alternate completion date. The actual price ofthc project will be based on the actual quantities provided by the contractor during construction at the bid unit prices. Mark J. Trant Wells has constructed many groundwater wells throughout the Midwest including Andover City Well No.9. We recommend that the City hires Mark J. Traut Wells to construct the Hawkridge Park Irrigation Well/Pumping System based on the bid items and bid unit prices listed on the bid form. The City should also decide on accepting or rejecting the bid alternate with the later completion date of October 14,2010. Please contact us 651.704.9970 if you have any questions or comments. Respectfully submitted, BOLTON & MENK, INC. ~~ Greg F. Johnson, P.E. Principal Engineer ! I I ~ ~ z E.~~ 5 ~i:~ ~ ~t~ ~g~8~ 8888 5cnu~~ g ~ ~ 2;0 U~~ ~a: ~M:;l;::~ '<:' (\Ii'" . ~ :\::1 M ~ I""" W~ Z u.u..>,U.~'crlll ~ o(u)lIlC1]Ul ~~u;5g " -l...Jul.... :::::...1 .ll...l-l ...... ~ /: " OIO,~ ~ ... ~ ~. ~ Z N...._......__ --.-...... ~ ~ a 0 ~ ~ 0 . c 0 ~ jj I!' ~ >- ~ " z ;;: ~ " :'i ~ W ~ Z Z o~~ ~~8 i ~~~ O:NW , -~o: I >< ,", i a:oz ~ ~ZO i ~~" W"s ~a" 0 0:,,"' z -N(")oq-ot:lO.....COOl5!;. ~~:~5n: ~~R ~Q.;! ~ <:iQ ~ ~"'"' --- ,- -~ --------- C I T Y 0 F @ NDOVE . 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 WW,CI,ANDOVER.MN,US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrat r 1 Will Neumeister, Community Deve t Director W~ FROM: Courtney Bednarz, City Plannrf. SUBJECT: Suppplemental - Public Hearing/City Code Amendment to Allow Lots at Least 2.375 Acres in Size to be Considered Equivalent to 2.5 Acre Lots for the Purposes of Interpreting the City Code - Planning DATE: August 4, 2010 INTRODUCTION The City Attorney suggested a change to the proposed amendment. DISCUSSION The word 'interpreting' would be changed to 'application' as shown below. A clean copy of the proposed amendment and summary are attached. 1-1-5: Policv: For those rural lots oril!:inallv intended to be 2.5 acres, but upon development resulted in less than 2.5 acres but at least 2,375 acres are, for the purpos~of iHteraretiHf: annlication of the City Code, considered to satisfy the 2.5 acre requirement. ACTION REOUESTED The Council is asked to add these materials to the packet. If ther changes are acceptable, the Council is also asked to approve the revised ordinance amendment and summary attached to this supplemental. Attachment Revised Ordinance Amendment Revised Ordinance Summary CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. - AN ORDINANCE AMENDING CITY CODE TO ALLOW LOTS AT LEAST 2.375 ACRES IN SIZE TO BE CONSIDERED EQUIVALENT TO 2.5 ACRE LOTS FOR THE PURPOSE OF APPLICA nON OF THE CITY CODE THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 1: ADMINISTRATION CHAPTER 1: OFFICAL CITY CODE SECTION: I-I-I: Title 1-1-2: Acceptance 1-1-3: Amendments 1-1-4: Code Alterations I-I-I: TITLE: Upon adoption by the City Council, this city code is hereby declared to be and shall hereafter constitute the official city code of Andover. This city code of ordinances shall be known and cited as the ANDOVER CITY CODE and is hereby published by authority of the Council and shall be supplemented to incorporate the most recent legislation of the city as provided in Section 1-1-3 of this chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this city code by title in any legal documents. (2003 Code) 1-1-2: ACCEPTANCE: The City Code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in administrative tribunals of the state as the ordinances of the city of general and permanent effect, except the excluded ordinances enumerated in Section 1-2-1 of this title. (2003 Code) 1-1-3: AMENDMENTS: Any ordinance amending the City Code shall set forth the title, chapter and section number of the section or sections to be amended, and this shall constitute sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this city code. All such amendments or revisions by ordinance shall be immediately forwarded to the City Clerk, and the said ordinance material shall be prepared for insertion in its proper place in each copy of this city code. Each such replacement page shall be properly identified and shall be inserted in each individual copy of the city code. (2003 Code) 1-1-4: CODE ALTERATIONS: It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this city code in such a manner that the meaning of any phrase or order may be changed or omitted. Said code, while in actual possession of officials and other interested persons, shall be and remain the property of the city and shall be returned to the office of the City Clerk when directed so to do by order of the City Council. (2003 Code) 1-1-5: Policv: For those rural lots orildnallv intended to be 2.5 acres, but upon development resulted in less than 2.5 acres but at least 2.375 acres are, for the purpose of application of the City Code, considered to satisfy the 2.5 acre requirement. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. - SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE I-I OFFICIAL CITY CODE STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of these regulations is to protect the public health, safety and welfare as well as to allow lots at least 2.375 acres in size to be considered equivalent to 2.5 acre lots for the purpose of application of the City Code. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of ,2010. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor ,-- ---------- @ August 4, 2010 STATEMENT TO: Andover City Council, Andover City Officials and Attendees RE: Change to City Code regarding ATV's and OHM's Good Evening. This statement is being read allowed on my behalf per Andover City Administrator's approval. Shannen Schmieg, 2731167'h Lane NW Since early this spring my family has had an ongoing noise and nuisance issue with our neighbors to the south of us in which our home faces. Because the neighbor refused to come to a compromise or agree to mediation, we filed a complaint with the city of Andover. This person then decided to drag everyone in Andover who had 2.35-2.49 acres into what should have been a one on one appeasement, Since then, our home has been subject to three incidents where profanities were written in our driveway, soiled underwear was left in front of our home and gun shots fired in the rear of our property. Lastly, I was verbally threatened by an attendee from the workshop in July. For the record from those who are unaware, our son is the reason I asked the neighbor to compromise. Our son has Asperger's Syndrome which is part of the Autism Spectrum. Loud sounds are terrifying to anyone with the condition. The use of ATV's and OHM's on the neighbors track has disrupted his life and impacted our family to the extreme that we often leave our home and have had to medicate our son to ease his anxieties. Though some of his anxieties are not the neighbors fault, he was fully aware of our son's condition yet continued to wantonly engaged in the continued use. Our main issue is the extreme noise coming from 16729 Crocus Street due to the use of multiple ATV's and full size OHM's. It is our opinion the excess noise is due to the use of multiple machines at one time and the use of jumps. These machines rev louder than standard use when throttling to gain momentum to get over said jumps. These jumps are man mad dirt piles that exceed 2 feet in height. One is estimated at 3.5 feet. No one in the Lund Evergreen Estates has a track. They may ride on their property but don't have a visualable track nor does anyone have jumps. Photos provided showing dirt jumps. ---------- Our second issue is the littering and kick up of dirt and dust from this track. When this neighbor is riding, dust kicks up and travels onto our property. When this occurs and we are outside or on our deck, we are littered with said debris. We often had to retreat inside until the neighbor finished and the dust settled. This is not just a nuisance, it is a health hazard. Especially to asthmatics. This neighbor created a track that has curves, jumps and is rather large for such a small parcel that is in full view on three of his four sides in the development. This is more than leisure use to ATV's and OHM's. Though the city is expected to pass a revision of the said ordinance to grandfather in parcel owners who thought they had 2.5 acres or are in a development where most of the neighboring parcels are 2.5 acres or higher. I the complainant urge and request that serious limitations be set due to the size of these parcels, proximity of neighboring parcels and exactly how the use impacts neighbors and the environment. #1. The hours of use should be limited until 7pm. Due to the noise factor, small children and some adults attempt to sleep that early. Bringing the time down to 7pm would add an extra hour of quiet time for those needing rest. #2. Limit the number of machines that can be used at once to only one. Due to the noise factor and the nuisance of dust, this would lower the noise level and amount of dust traveling to neighboring parcels, #3. Require those with visual dirt tracks to add gravel to limit the dust nuisance and add a buffer zone with trees, shrubs or a privacy fence. This would drastically reduce dust and dirt kick up. #4. No jumps purchased or man made should be used. With parcels this size, this only adds to the noise when an ATV or OHM needs to thrust the throttle to get over these jumps. #5. If numerous complaints about noise and or dust are confirmed by Law Enforcement in the future. It should be the City Council that comes out to observe the said complaint. It will only be there that a true understanding of how disturbing and a nuisance they can be and how much it effects residents lives. Speaking on behalf of those with special needs children and residents who live in close proximity, I urge the City Council to add these requested restrictions. It is essential for the peace and tranquility of Andover. Thank you. Respectfully Submitted, Shannen Schmieg 1--- ! PHOTOS OF 16729 Crocus Street One of the 3 jumps on parcel located on west border of parcel taken from our front yard. Only the west side has a buffer lone. The North have very little which is the side that face our property directly.