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HomeMy WebLinkAboutCC - December 7, 2010C I T Y O F R ,NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Regular City Council Meeting — Tuesday, December 7, 2010 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (11/16/10 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Approve 2011 Tri -City GIS Contract— Engineering 4. Order Request for Proposals (Plans & Specs and Inspection Services) /11 -14 /Tower #l/Painting & Rehabilitation - Engineering 5. Accept Petition/Order Amended Assessment Roll/Adopt Amended Assessment RolUIO- 33/13607 Crooked Lake Blvd. NW /WM — Engineering 6. Approve 2011 Tobacco Licenses — Administration 7. Approve 2011 Contract/TimeSaver Secretarial Service — Administration 8. Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/ 10-29/2619-2623 — 138 ' Avenue NW /WM - Engineering 9. Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Ro1U10- 31/1718 Andover Boulevard NW /SS & WM - Engineering 10. Approve 2011 Liquor Licenses — Administration - 11. Approve 2011 Private Kennel License — Administration 12. Approve City Administrator Review — Administration 13. Approve Letter of Agreement/Anoka County /Statewide Health Improvement Program - Administration 14. Approve Quotes /08 -8 /Sunshine Park Skateboard Facility /Concrete — Engineering 15. Approve 2011 Used Vehicle Sales Business License — Administration 16. Authorized Categories for Fixed Asset Thresholds - Finance Discussion Items 17. Public Hearing/2011 Proposed Budget and Tax Levy - Administration 18. Public Hearing/ Consider Amendment to Conditional Use Permit (07 -05) to Increase Production Limits for Farm Winery/3482 - 165`b Lane NW - Planning 19. Consider Amendment to Liquor Licensing Requirements of City Code 3 -1 and City Code 12 -12 - Planning 20. Fence Placement Request/16474 Ventre Street NW — Engineering 21. Discuss Potential 2011 CDBG Applications - Planning Staff Items 22. Schedule Commission Interviews - Administration 23. Schedule December EDA Meeting - Administration 24. Schedule January 2011 City Council Workshop Meeting — Administration 25. Schedule January BRA Meeting — Administration 26. Administrator's Report - Administration Mayor /Council Input Adjournment 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 Administn FROM: Michelle Hartner, Deputy City SUBJECT: Approval of Minutes DATE: December 7, 2010 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: November 16, 2010 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 60hh�—] 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING —NOVEMBER 16, 2010 7 MINUTES 8 9 10 The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor 11 Mike Gamache, November 16, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown 12 Boulevard NW, Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight and Julie Trude 15 Councilmember absent: None 16 Also present: Director of Public Works /City Engineer, Dave Berkowitz 17 City Administrator, Jim Dickinson 18 City Attorney, Scott Baumgartner 19 Others 20 21 22 PLEDGE OFALLEGL4NCE 23 24 25 RESIDENT FORUM 26 27 No one wished to address the Council. 28 29 30 AGENDAAPPROVAL 31 32 Supplemental information to Item 10, Anoka County Sheriff s Monthly Report and an add -on 33 item (12a) to Authorize Initiating 2011 Improvement Project - Parks. 34 35 Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion 36 carried unanimously. 37 38 39 APPROVAL OFMINUTES 40 41 November 3, 2010, Regular Meeting: Correct as amended. 42 43 Councilmember Trude stated on page 2, line 21, they were amending the minutes and the 44 sentence should read: "a full access signalized intersection ". 45 46 Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion 47 carried unanimously. 48 49 November 8, 2010, Special Meeting: Correct as presented. Regular Andover City Council Meeting Minutes —November 16, 2010 Page 2 1 2 There were no changes. 3 4 Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion 5 carried unanimously. 6 7 8 CONSENT ITEMS 9 10 Item 2 Approval of Claims 11 Item 3 Order Feasibility Report/11 -2a, 11 -2b, 11 -2c & 11- 2d/2011 Street Reconstruction 12 (See Resolution R090 -10) 13 Item 4 Declare Cost/Order Assessment Roll /10- 29/2619 -2623 — 138th Avenue NW /WM 14 (See Resolution R091 -10) 15 Item 5 Declare Cost/Order Assessment Roll /10- 31/1718 Andover Boulevard NW /SS & 16 WM (See Resolution R092 -10) 17 Item 6 Approve Reimbursement Resolution/2011 Equipment Purchases (See Resolution 18 R093 -10) 19 Item 7 Approve Off -Sale 3.2% Liquor License & Tobacco License /SuperAmerica 20 Item 8 Approve Resolution/Workers Compensation Coverage/Elected Officials (See 21 Resolution R094 -10) 22 Item 9 Approve LMCIT Liability Coverage 23 24 Motion by Knight, Seconded by Bukkila, approval of the Consent Agenda as read. Motion 25 carried unanimously. 26 27 28 ANOKA COUNTYSHERIFF 'SDEPARTMENTMONTHLYREPORT 29 30 Captain Tom Wells and newly elected Sheriff James Stewart from the Anoka County Sheriff's 31 Department updated the Council on the October monthly report. 32 33 The City Council welcomed Sheriff -Elect Stewart to the Anoka County Sheriff's Department. 34 Sheriff -Elect Stewart thanked the City Council for their service commitment to the Anoka 35 County Sheriff for service. He noted that Captain Wells will be his new Chief Deputy so 36 someone will take over the reporting to the City. 37 38 39 APPROVE RESOL UTION /CALL FOR OUTSTANDING BONDS /GENERAL OBLIGATION 40 TAX INCREMENT REFUNDING BONDS, SERIES 2004B 41 42 Mr. Dickinson stated the $4,260,000 General Obligation (G.0) Tax Increment Refunding Bonds, 43 Series 2004B, were used to refund the Series 1995D Bonds. The remaining outstanding bonds 44 are callable and if called would yield interest expense savings. 45 Regular Andover City Council Meeting Minutes —November 16, 2010 Page 3 1 Mr. Dickinson reviewed the information with the Council. 2 3 Motion by Knight, Seconded by Jacobson, to approve the attached resolution for formal 4 authorization of the calling of G.O, Tax Increment Bonds, Series 2004B. Motion carried 5 unanimously. (See Resolution R095 -10) 6 7 8 CONSIDER MODIFICATION TO FARM WINERY CONDITIONAL USE PERMIT 13482 — 9 165THAVENUE NW 10 11 Mr. Dickinson stated the owner of White Rabbit Vineyards and Winery requests the Council 12 consider removing the limitation on the amount of wine that can be produced and the annual 13 reporting requirement. Removal of these restrictions would allow the business to operate under 14 the regulations of State Statute 340.315 as well as the remaining conditions of Resolution 045 -07 15 and City Code 12 -9 -12. 16 17 Mr. Dickinson reviewed the information with the Council. 18 19 Mayor Gamache stated he would suggest they look at the Conditional Use Permit resolution and 20 change to reflect what the State law reads. He stated he did not have a problem with the annual 21 production report and thought the owner could give them a copy of this in whatever fashion he 22 wished to give to them. 23 24 Mayor Gamache stated he is concerned about the sunset clause identified in the CUP resolution 25 and wondered what that involved. Mr. Dickinson reviewed the sunset clause with the Council, 26 indicating it had to do with inactivity in the first year of the CUP. 27 28 Councilmember Trude wondered how they protect a neighborhood if they go to 50,000 gallons. 29 This is in a neighborhood where this is the furthest home in and she wondered how they would 30 protect the neighbors. Mayor Gamache stated the owner does not have space to house 50,000 31 gallons. All they are really doing is eliminating a regulation placed on him by the City which the 32 State does not place upon him. 33 34 Councilmember Trude asked how they could grant this to this owner and not someone else in the 35 future. She stated she would like to see Mr. Hedin move this operation into a full business 36 operation where he is not in a neighborhood paying homestead taxes. She stated as soon as the 37 operation impacts the neighbor, the whole neighborhood tax value could decline and then it 38 would hurt their whole tax base. Mayor Gamache stated if they had a Conditional Use Permit 39 the City is saying that if there are issues it can be revoked. He stated the property owner does 40 not have the ability to expand further on his property. Councilmember Trude stated another 41 resident could do this and they could not deny them. She stated she wants to protect the 42 neighborhoods. 43 44 Mayor Gamache asked why they need excessive regulation when they have not had a problem 45 over the past three years and his business has been run fine without any complaints and he Regular Andover City Council Meeting Minutes — November 16, 2010 Page 4 1 thought they were putting excessive regulation on his business when the State does not put those 2 types of regulations upon it and he thought it looked like an opportunity to open it up a little bit. 3 4 Councilmember Jacobson asked Mr. Hedin why he wanted the limitation to be removed and the 5 annual reporting be removed. Mr. Mark Hedin stated up to this point he has not been at the 6 thousand gallon limit and this is not his full time job. This is highly regulated by the State and 7 Federal Governments because it is alcohol and he enjoys doing wine making. He cannot sell a 8 single bottle of wine unless he is a legal farm winery. He stated he is operating in less than three 9 hundred square feet in the detached structure and he could not add on or expand without Council 10 approval. He stated the Conditional Use Permit allows the Council to review every year how the 11 business is going and there have not been any complaints in the 3.5 years he has been in 12 business. He stated he would like to do more than one thousand gallons a year without worrying 13 about going over the limit the City has imposed. 14 15 Councilmember Jacobson asked how Mr. Hedin anticipated going over one thousand gallons in a 16 year if this is a hobby. Mr. Hedin stated as each year progresses he learns more and how to do 17 things more efficiently and produce more and he has also been contacted by a distributor to bring 18 his wine into liquor stores. He stated he already has a thousand gallons of wine ready to be 19 bottled but has not and if he did bottle the wine he would be at his limit and would not be able to 20 produce more wine for an entire year so he limits his amount of wine bottled. He stated he does 21 not understand why such excessive limits are set on him when there are other home based 22 businesses that do not have to report amounts to them. Councilmember Trude stated his business 23 was the only one in an outside structure at 2.5 acres, everybody else is at 3 and she thought he 24 was the only home based business operating in an outside structure and someone did not do their 25 homework and it does not meet the code but he got that permission anyways. He is operating 26 two businesses and she has driven by and not seen problems but she did not want to start having 27 problems in the future if the limit was removed. 28 29 Councilmember Trude thought the issue was whatever the Council does for Mr. Hedin they need 30 to do the same for whoever walks in the door. She stated she was ok with changing the number 31 but was not willing to go to 50,000. Mr. Hedin understood what Councilmember Trude was 32 saying but he noted his Conditional Use Permit is for his specific site and did not mean the 33 Council had to do the same for everyone else, that is what a CUP is for and the Council has the 34 power to change them. 35 36 Mr. Hedin stated he has proven to the Council that he has been a good neighbor to his neighbors 37 and has followed everything in the Conditional Use Permit. If there is a problem he hopes the 38 City will let him know but in 3.5 years there has not been a problem and nothing is going to 39 change in the future as far as the business goes. 40 41 Councilmember Trude thought if they opened the door and went from one thousand to fifty 42 thousand they are setting precedent for the next farm winery. She would be willing to do a 43 gradual progression. Mr. Hedin suggested raising the limit to ten thousand gallons. 44 Councilmember Trude stated she would be fine with that amount. 45 Regular Andover City Council Meeting Minutes —November 16, 2010 Page 5 Mr. Hedin stated he will not be having trucks coming back and forth through his neighborhood to pick up his wine. Councilmember Bukkila stated she has talked to Mr. Hedin's neighbors and there are not any complaints but there is concern that if he does increase production that there may be something so if they were to do this are the mechanisms in place with the renewal of the CUP that if the City is not able to work with Mr. Hedin to calm the traffic or whatever the complaints are that are generated that they would essentially pull the CUP or redraw the lines. Mr. Dickinson stated that is part of the annual review of the CUP. 10 11 Councilmember Trude asked if they jump from the one thousand gallons to the ten thousand 12 gallons, does this set precedent if someone comes in for the same thing. City Attorney 13 Baumgartner stated he would assume that if someone came in and they knew that this case was 14 bumped up to ten thousand they would be inclined to ask for the same but all things would need 15 to be similar. He stated setting precedent did not mean the Council would need to allow it but it 16 would be expected they would strongly consider it having done the same thing for a similarly 17 situated property. 18 19 Councilmember Trude asked if there is a role for Government being regulatory when introducing 20 business elements into a residential area. City Attorney Baumgartner stated where there likely is 21 going to be an impact to the neighborhood and generally there is some kind of a regulatory 22 function of the Government. 23 24 Councilmember Jacobson asked if this needs to be sent back to the Planning Commission for 25 review. Mr. Dickinson did not think they needed to. City Attorney Baumgartner agreed. 26 27 Councilmember Trude stated when she looks back at the minutes where the motion was made by 28 Councilmember Orttel, seconded by Jacobson, to approve the permit; the resolution does not 29 include all the language they adopted. She suggested they send this back to staff for cleanup of 30 the resolution. She also would support an increase but would like to have it done in incremental 31 sections. 32 33 Motion by Knight, Seconded by Bukkila, to send this item back to staff for cleanup and increase 34 the limit to ten thousand gallons. 35 36 Councilmember Bukkila thought what Mr. Hedin was trying to do was to create a business over 37 time and she did not think they should pick him apart or criticize. She thought they had a 38 mechanism in place to control the growth and hopefully over time the business will grow where 39 the business will need to move to the business district in the City. 40 41 Mr. Hedin wondered why he needed to submit both State and Federal forms each year because 42 they are both essentially the same. The Council felt that if they were the same he could submit 43 one report that would include everything needed. 44 Regular Andover City Council Meeting Minutes —November 16, 2010 Page 6 1 The motion was amended by Councilmember Knight and seconded by Councilmember Bukkila 2 to allow Mr. Hedin to submit only the one report annually to the City, either Federal or State. 3 4 Councilmember Jacobson stated he was going to vote against this because he thought jumping 5 from one thousand to ten thousand is way too much. He could be talked into going from one 6 thousand to two thousand. Councilmember Trude stated she would prefer to go incrementally 7 but once there are complaints the plug will be pulled on this. 8 9 Motion carried 4 ayes, 1 nay (Jacobson). 10 11 12 AUTHORIZE INITIATING 2011 IMPROVEMENT PROJECT - PARKS 13 14 Mr. Dickinson stated the Andover City Council is requested to approve initiating the 2011 Park 15 Improvement Projects. By doing so, the City can take advantage of year -end pricing and grant 16 opportunities to possibly save some additional dollars. 17 18 Councilmember Jacobson asked if they do this are they going to have to run a reimbursement 19 resolution later. Mr. Dickinson stated they would not, these are items originally funded out of 20 their Capital Projects Equipment Fund and then when the levy comes in they would use the levy 21 dollars to replenish that fund. 22 23 Councilmember Bukkila asked if they were going to spend the full budgeted amount or will they 24 actually save money. Mr. Dickinson hoped they would save money. By looking at current 25 pricing he did not believe they could do two play structures based on current pricing and if they 26 wait until next year he did not think they would have the ability to do two within the budget. If 27 they act within the next couple months and take advantage of some incentives out there in the 28 marketplace, he believed they could keep within budget. 29 30 Councilmember 'Prude stated she was a little worried that if they do this there will not be enough 31 money to do anything else and she thought their playgrounds in the parks looked terrific 32 compared to other cities. She thought they could use the money for other projects in the parks. 33 34 Mr. Dickinson stated the play structures are for between two and twelve year olds. Nordeens 35 Park and Timber Trails Park would be where the structures would be placed. He stated there 36 would be funds available to do other projects next year. 37 38 Councilmember Bukkila asked without the grant funds what could they do in the parks. Mr. 39 Dickinson stated they would be limiting what they would replace. 40 41 Councilmember Knight thought there are other things they could put in the parks besides play 42 structures such as basketball courts. 43 44 Mr. Berkowitz reviewed some things they planned on doing in the parks. 45 Regular Andover City Council Meeting Minutes — November 16, 2010 Page 7 1 Councilmember Trude felt it was really important to get the resident input on what they want in 2 the parks and not just what City staff wants to put in them. 3 4 Mr. Dickinson indicated that neighborhood input was sought on the playground replacements; he 5 also reiterated that what was proposed was identified in the 2011 -2015 CIP adopted by the City 6 Council in October. 7 8 Motion by Jacobson, Seconded by Bukkila, to pass on moving forward with the 2011 9 Improvement Projects. 10 11 Councilmember Trude stated she would like to get more information on what is getting planned 12 for the parks and then she would be willing to review this again. 13 14 Councilmember Jacobson stated if they do not use the money for play structures they could look 15 at improvements to other things in the parks. 16 17 Council and staff discussed options and the reason for replacing play structures in the parks. 18 19 Councilmember Trude stated she would like more information on this. 20 21 Councilmember Jacobson amended the motion to send the item to the Park Commission for 22 review. Councilmember Bukkila stated she would not be comfortable sending this to the Park 23 Commission without more information. The original motion stood. 24 25 Motion carried unanimously. 26 27 28 SCHEDULESPECL4L NOVEMBER EDA MEETING 29 30 The Council is requested to schedule a special EDA meeting at 6:00 p.m. before the November 31 30, 2010 City Council workshop. 32 33 Mr. Dickinson indicated the meeting was needed to facilitate the Andover Station North land 34 sale. 35 36 Motion by Trude, Seconded by Knight, to schedule a special EDA meeting for November 30, 37 2010 at 6:00 p.m. Motion carried unanimously. 38 39 40 ADMINISTRATOR REPORT 41 42 Mr. Dickinson and Mr. Berkowitz updated the Council on the administration and city department 43 activities, meeting reminders, CIP Projects and development activity. 44 45 Regular Andover City Council Meeting Minutes —November 16, 2010 Page 8 1 MAYORICOUNCIL INPUT 2 3 (Community Education Meeting) — Councilmember Trude stated she went to a Community 4 Education Advisory Council meeting as a representative from Andover and it has become 5 apparent that less and less cities are contributing to after school programs. She stated she has 6 talked to the PTA President of Andover Elementary and they did not have specific feedback and 7 asked her to talk to the staff person who provides the person. She has not heard anything back 8 yet but they want to do a survey. The Council has talked about reallocating those funds to other 9 activities for the kids in the community and she thought this was the message that people will 10 want to hear. Community Education has seen a huge number of adults taking classes in the 11 evening and job related courses for retraining. She stated enrollment is really down with 12 afterschool child care and aquatic programs. There was discussion about the school building 13 closings and transportation. 14 15 16 Motion by Knight, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting 17 adjourned at 8:33 p.m. 18 19 Respectfully submitted, 20 21 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes —November 16, 2010 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — NOVEMBER 16, 2010 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 Order Feasibility Report/l1 -2a, 11 -2b, 11 -2c & 11- 2d/2011 Street Reconstruction (See ResolutionR090 -10) ............................................................................. ............................... 2 Declare Cost/Order Assessment Roll /10- 29/2619 -2623 —138t` Avenue NW /WM (See ResolutionR091 -10) ............................................................................. ............................... 2 Declare Cost/Order Assessment Roll /10- 31/1718 Andover Boulevard NW /SS & WM (See ResolutionR092 -10) ............................................................................. ............................... 2 Approve Reimbursement Resolution/2011 Equipment Purchases (See Resolution R093-10)..2 Approve Off -Sale 3.2% Liquor License & Tobacco License/ SuperAmerica ............................. 2 Approve Resolution/Workers Compensation Coverage/Elected Officials (See Resolution R094 -10) ................................................................................................ ............................... 2 Approve LMCIT Liability Coverage ........................................................... ............................... 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT .... ............................... 2 APPROVE RESOLUTION /CALL FOR OUTSTANDING BONDS /GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B (See Resolution R095- 10) ....... 2 CONSIDER MODIFICATION TO FARM WINERY CONDITIONAL USE PERMIT /3482 — 165THAVENUE NW .................................................................................. ............................... 3 AUTHORIZE INITIATING 2011 IMPROVEMENT PROJECT - PARKS .. ............................... 6 SCHEDULE SPECIAL NOVEMBER EDA MEETING ................................ ............................... 7 ADMINISTRATORREPORT ........................................................................ ............................... 7 MAYOR /COUNCIL INPUT ........................................................................... ............................... 8 ADJOURNMENT............................................................................................ ............................... 8 9 C I T Y F I&F kND 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 Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: December 7, 2010 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $146,411.27 on disbursement edit list #1- 3 from 11/17/10 — 12/03/10 have been issued and released. Claims totaling $648,152.29 on disbursement edit list #4 dated 12/07/10 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 $794,563.56. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists C >-4�D 4-i G C� U U U U U 00 O 0 N n b -- V �D V a V L W ai L V a z u d' r A a � I Q1 I a a O O O. 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N D\ O O N O N H 0 0 a x U U 1: U 0 U • ,. it 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David Berkowitz, Director of Public WQ&s /City Engineer SUBJECT: Approve 2011 Tri -City GIS Contract - Engineering DATE: December 7, 2010 0 INTRODUCTION The City Council is requested to approve the GIS Tri-City Contract for the year 2011. This contract is between the Tri -City Group (Andover, Fridley and Columbia Heights) and the GIS RANGERS. DISCUSSION The City will receive approximately 80 hours per month of GIS service through this contract. The current contract has not been increased from the previous year. The amount of the 2011 contract is $34,272. BUDGET IMPACT The funding is budgeted from the Drainage and Mapping Fund, water, sanitary and storm sewer funds, Lower Rum River Watershed Management Organization, right -of -way management fees and the Road & Bridge Fund. ACTION REQUIRED The City Council is requested to approve the GIS Tri-City Contract for the year 2011. Respectfully submitted, K"-,2d D. Berkowitz Attachments: Consulting Services Agreement/ cc: Blaine Hackett, GIS RANGERS, 2434 Virginia Circle, Roseville, MN 55113 CONSULTING SERVICES AGREEMENT This Agreement is made as of , 2010 (the "Effective Date "), by and between GIS RANGERS ( "Contractor ") and the Tri -City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri - City." CONTRACTOR and Tri -City are collectively referred to as "Parties" and individually as a "Party." WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. TERM 1.1 Term. The term of this Contract shall be from January 1, 2011, through December 31, 2011, unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR'S OBLIGATIONS 2.1 General Description. Contractor will provide GIS technical assistance to Tri -City which includes the cities of Andover, Columbia Heights and Fridley. Additional work may be contracted as provided in Section 3.4. 2.2 Conformance to Specification. The Contractor will provide the Services as set forth in Exhibit A. 2.3 Limited Warranty Contractor warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. 7268579v1 3. PAYMENT 3.1 Service Fees The Contractor's fees for Services are set forth below (Service Fees "). Service Fees do not include any taxes that may be due based on the Service Fees, or for reimbursable expenses, for which Tri -City agrees to pay directly or reimburse Contractor. Total Service Fees: $78,969.0.0 -0 to be allocated as follows: Andover-$34,272.0O- Fridley-$29,702.00 Columbia Heights - $14,855,00 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Payment. All invoices are due within thirty days from the invoice date. If Tri -City disputes any portion of Contractor's invoice, then Tri -City will: (a) pay any amount not in dispute by the due date; and (b) within five business days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason(s) for withholding payment. On Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri - City agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Changes to Scope Tri-City shall have the right to request changes to the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change to the scope of the Services will cause an increase or decrease in the Service Fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri-City of such increase or decrease by e- mail. Contractor shall not proceed with performance and shall have no obligation to proceed with performance pursuant to any requested change 2 7268579v1 to the scope of the Services by Tri-City unless and until Contractor has received Tri- City's agreement to such increased or decreased Service Fees or time for performance via e-mail. 4. COMPLIANCE WITH LAWS /STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. 6. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri -City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri -City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri -City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri -City of intent to cancel. 7.2 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following 3 7268579v1 coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence B) Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri -City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inability to erp form. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri -City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri -City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION 10.1 With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. 10.2 Notice of Default. 4 7268579v1 Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described by the notice given under the above paragraph withinnthe ten (10) days, or such additional time as may be mutually agreed upon, then the whole or any part of this Contract may be terminated by written notice. 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the other Party's Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination, in accordance with the laws of the State of Minnesota. '11. CONTRACT RIGHTS/REMEDIES 11.1 Rights Cumulative. All remedies available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri -city and Contractor. 11.3 Force Majeure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 12. AUTHORIZED REPRESENTATIVE 5 7268579v1 13 14. 15. 16. 7268579v1 Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: President GIS RANGERS, LLC 2434 Virginia Circle Roseville, MN 55113 Fridley. Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432 MODIFICATIONS Andover: Director of Public Works /City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Columbia Heights: Public Works Director City of Columbia Heights 637-38 th Avenue NE Columbia Heights, MN 55421 Except as otherwise provided in Section 3.4 hereof, any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri -City and Contractor. LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. MERGER AND FINAL AGREEMENT 16.1 This Contract is the final statement of the agreement of the Parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are no 0 representations, warranties, or stipulations, either oral or written, not herein contained. 17. DISPUTE RESOLUTION 17.1 This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section 17 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later of (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. 17.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non - binding mediation to resolve any dispute they may have. The mediation will be conduct by a mutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys' fees and will share equally the other mediation costs. While this mediation will be non - binding in all respects (except agreements in settlement of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute's resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under Sections 17.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for purposes of the applicable rules of evidence. 18. NON - DISCLOSURE OF NON - PUBLIC PRIVATE OR CONFIDENTIAL INFORMATION The parties agree that in order to perform its duties under the terms of this Agreement, Contractor will have access to and may use certain information in the 7 7268579v1 custody of the City that would be categorized as private or non - public data within the meaning of Minnesota law. Any such information or data is confidential and, as an essential and necessary part of this Agreement, Contractor agrees not to disclose, use, or otherwise disseminate any such data or information to any other party or entity other than the City. Use of any such information or data by Contractor during the period of this contract shall be exclusively for the purpose of fulfilling it obligations hereunder. Contractor agrees to indemnify the City and hold it harmless from any and all disclosures of such information and data to any other party as a consequence of its actions, which would include the actions of its agents, employees or anyone else that may be acting under its direction or on its behalf-. Any such information and data in Contractor's possession after fulfillment of its obligations herein shall be destroyed or returned to the City and Contractor shall retain no copies thereof for any purpose. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. CONTRACTOR TRI -CITY GIS ORGANIZATION am Title: Date: 8 7268579v1 By: Title: Date: By: Title: Date: By: Title: Date: Exhibit A Contractor shall provide the following services generally described as GIS On- Site Support, including but not limited to: Tri -City Ranger 1 $35.70 per hour Field Collection, Data Input, Data Editing, Data Creation, Data Management, Data Updates, Data Sychronization, Mapping, Geocoding, Update GeoMoose Layers, Run reports (CTS, GranitXP), General Maintenance of software, Checkln /Checkout Field data RANGER Analyst 1 $65.00 per hour GeoMoose Customization, GIS Software Installation, Data Modelling, Model Builder, ArcPad Forms, CTS technical support, CityWorks Database manipulation RANGER Programmer 1 $75.00 per hour Writing Code (HTML, VBSCRIPT), GeoMoose Custom Development (PHP, Javascript), Automation RANGER Project Manager $75.00 per hour Run meetings, Demos, Training, Task Management RANGER IT 1 $90.00 per hour Software Installation, OS Tech support RANGER Sr. Project hour Advanced Client Relations, Advanced Data Modeling *Outside Expertise 1 $75 -$100 per hour Advanced Web Programming, Advanced Desktop Programming, Automation *If we do not have the advanced expertise in house we have a network of partners to help us NOTE: This is not a comprehensive list. 9 7268579v1 • �nY �• 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 \`\ `-� i CC: Jim Dickinson, City FROM: David D. Berkowitz, Director of PublieVorks /City Engineer SUBJECT: Order Request for Proposals (Plans & Specs and Inspection Services) /11- 14/Tower #1/Painting & Rehabilitation - Engineering DATE: December 7, 2010 INTRODUCTION The City Council is requested to order Request for Proposals (for preparation of plans & specifications and inspection services) for painting and rehabilitation of Tower #1, Project 11 -14. DISCUSSION Water Tower #1, which is located at 14055 Rose Street NW, has been identified in the 2011- 2014 CIP for rehabilitation in 2011. The rehabilitation would consist of fixing rust problem areas and degraded potions of the tower and repainting both the interior and exterior of the bowl (adding City Logo) and repainting the entire flute. Staff is recommending sending an RFP out to area consultants for the preparation of plans and specifications and inspection services. Once the RFP's are reviewed and a consultant is chosen the project will be brought back to the City Council to formally order the project and move into design and construction. The rehabilitation to the tower has a 15 to 20 year life expectancy. BUDGETIMPACT The estimated project cost (design and construction) is $650,000 and would be funded by the Water Trunk Fund. ACTION REQUIRED The City Council is requested to approve ordering the request for proposals (for preparation of plans & specifications) for painting and rehabilitation for Tower #1, Project 11 -14. Respectfully submitted, o David D. Berkowitz 0 ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works /City Engineer-P� FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Accept Petition/Order Amended Assessment Roll/Adopt Amended Assessment Roll/10- 33/13607 Crooked Lake Blvd. NW/WM - Engineering DATE: December 7, 2010 INTRODUCTION The City Council is requested to accept the petition, ordered amended assessment rolls and adopt the amended assessment rolls for Project 10 -33, water main at 13607Crooked Lake Boulevard NW. DISCUSSION Attached are the following: • Petition from property owner requesting hookup to municipal water • Proposed assessment roll for the existing at 13607 Crooked Lake Blvd NW (south half of property) • Proposed revised deferred assessment roll for the north half of lot for water and sanitary sewer. At some point in the future, if a home is constructed on the north half of the existing lot, it will be necessary for the property owner to petition to hook up to the municipal water and sanitary sewer. Note: The improvement of water main was installed as part of the street reconstruction of Crooked Lake Blvd NW (Project 95 -14). The City Council as part of Resolution 282 -97 approved that the water main assessment would not be levied until such time the connection is requested by the property owner. It was also approved as part of the same resolution that interest will not be accrued until property owner requests connection. BUDGETIMPACT The $5,350.00 will be assessed to 13607 Crooked Lake Boulevard NW over a 10 -year period. Mayor and Council Members December 7, 2010 Page 2 of 2 ACTION REQUIRED The City Council is requested to approve the resolutions accepting the petition, ordering amended assessment rolls and adopting the amended assessment rolls for Project 10 -33, water main at 13607 Crooked Lake Boulevard NW. Respectfully submitted, Todd J41aas Attachments: Resolutions Proposed assessment rol or south half of lot, deferred assessment roll for the north half of lot, Location map, Petition/waiver cc: Wayne & Rosie Davids, 13607 Crooked Lake Blvd. NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING AMENDED ASSESSMENT ROLL FOR WATER MAIN , FOR PROJECT NO. 10-33, IN THE AREA OF 13607 CROOKED LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated November 17, 2010 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of December , 2010, with Councilmembers favor of the resolution, and Councilmembers voting in voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner— Deputy City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE AMENDED ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN IN THE FOLLOWING AREA OF 13607 CROOKED LAKE BOULEVARD NW, PROJECT 10 -33. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the 1st Monday in January, 2011 and shall bear interest at a rate of 4.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of December , 2010 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk voting O ui > O 0 N Z N Z LL Q W }0Q F V U R O In C d t Z a > m d Y J a Y O O r O N U f� O Q yM V M d Q O w U Q W U w EL Cl N O O z mZ N O O > m Q r J a a c O R Y Lri O rU N R O � 0 o� r� R = O. rU O O T L � L_ N W O Cn O z z Z m Y R O J O Y N O O N (.: r M M M � a0a J 0 0 J .O m 2 O O C N C r O U v> O O N O Q M fH 0 0 R O N 0 J M EA O O O N N M F O W o O M or r �sr rz N E N R 0. ca � _o sQ E 3 z 00 M. J o M M O �- 0 O� n U �r O F- (.4 Es rnr O (O (O N fA K3 r a1 r O Oi CO t0 N r t0 r O (O O N 69' fA 7 CEO r O N M O r rnw r N V3 ER � � r coo N to EA H3 mr r N M O O 'r c Cr0 N fR 6? N W N H3 d3 W N M Y1 (Li 6i [D » Ee d• O � n O r N 7 N CO ER 64 rnco M N CD N d' N CO M � �- ui O O r dM' N (r0 N 64 EA O N R C� ~ •- c IL V3 O) 7 O M co m N 63 N O LO O H3 0 m 7 N (O co co m N fR m M W V Ch O N d' O rn C M O ai O V N (O 7 0) V f!d m C R m m c. V c IL d' O M LO 10 Z t 0 O a G N O Z L w c Om ❑ N U. U. N 0 P Q F u U 0 CL U) C N Z a ni d Y J Y o O e. 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O O a T � U � m y Em E 3 � O' U � C � d •o � O w U C O c m U C in N m X m d E.2 tw � C N `o am 20 N R m E a m m o n 3 c m E C N m N N N N m Q P N N O Z 10--3 13607 Crooked Lake Blvd. NW Date: Nov. 17, 2010 Andover City Engineer 1685 Crosstown Blvd. NW. Andover, MN 55304 RE: Municipal improvements City Engineer: We want to petition for the improvement of a watermain connection with the costs of the improvement to be assessed against our property. We would like to pay the assessment up front. Our well is in question and not sure if it will make it through the winter. We would like to do this as soon as possible. Sincerely, Wayne & R�sy avidly "41, 13 Crooked Lake Blvd. Andover, MN 55304 763 - 755 -1763 (Home) 763- 438 -3577 (Cell) 6* 5 CENTER A s6c. 33 :07 ;r —SrAFE co'�.s 'g�8161'9 T' S;70 A 0 AUD (o) SUB. (7) 4 z .6 7 (26) rally zz r c A NO. 102 t 14V cn AU D. 14h' L L A K E'� I EW 04) all. A9 9p h n.6 9S r go 4IN06 -If If 00) c A 0)" 14 All' 42 yk 141 0 A t W: f7T-E I u; 6 CD , us: 13 5 T H -L AN E N.W. 2 If NO 102 AUD. - k ;;; j Y ... . ... .. 94. Y' TA TES ADD. PEL C4 gi60 a led Wed Z . ....... .5.TH.;z 9 m SUB. k'0 NO. 102 7 d` ..... .. A • b. o9 M9 M 4(2) S L 0 5 a bra w4l - ST Eerf 3 101 "1. 7X D - De(PA 4 AC 5 0/0 ED 81 L AKE, 9 �� to R l e,�A� 4 D. or 49E 7e, 1. s of war J40 4(2) S L 0 5 a bra w4l - ST Eerf 3 I MM o 00 es V DKED LAKE BOULEVARD watefr"A 13550 - 13562�R S00A GMA� Ev FIT HWBE ELEV. 8 99 GARAGE HWSE LNE 87 LEAD a a� 1 0 ELLEV ee "_.I Q�0 �w R TEE 0,q P,1 010°' 011a ON VIE DaST. GRAVEL DRIVE Y i i 11 1' WATER 1 TO STREET D REL ATE c 1' WATER i i5ry - 73 SERVIC c CRETE VEW - VE IFY SERVICE I «off N WI ER. rA EM5. 1` , 97 ' ' "- - i 96ry &STRF.E 4" EVRGRN TREE IJiH TREE 3 EVRGRN GONG. /k' � 18 6" EVRG 3" VRGR j 36" TREE \ rD AA TRFjF 1. TREE O v' ,�+y, r��'q�` 7P i- CONS TR�J, /N A ' .. EVRfR .' 2 a . + 1r 011' 4 + « n ' F , i' e° a. GRNt GP.A'}EL , .� i� 5" EVR GRAVEL 10 I ' s� , ©�2 R,RN 2" E '~ USH < p «P� r i i gU Q' 160 a , I 3' .\ 1 .6 i .,gy" Q1O ; 2" VRGRN —r ueeo'� .. 0�1 —t=lJ� GRAVE LO.� Pill r 1 i I�I \ �1 1 i' 6 0 1 ,off e+ ,n> . 36' RCP SAN., SEW.o� 7 +00 a191 _1 , 13610 HWSE FIRST FLOOR ry ELEV. 881.14 O �ti = 09012'07' R = 1750:00'10 T = 140.83' L.= 281.06' '18" REE 4 1� 1 �\ 11 « 9' :+- SEE IEET 6 Iv°ei 51.E PAUL. 11WlNE9.r07A X100 0n JtRA7 CROOKED LAKE BOULEVARD (612) 644 -4389 0 STREET AND UTILITY CONSTRUCTION IC SCALE w 20 S.A.P. 198- 119 -03 5+50 TO 11 +25 C I T Y O F NDOL 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 Clerl SUBJECT: Approve 2011 Tobacco Licenses DATE: December 7, 2010 INTRODUCTION Tobacco licenses expire on December 31, 2010. DISCUSSION The following have applied for renewal of their license and paid the appropriate fees: Andover Liquor 3121 -1615` Ave. Bill's Superette 14041 Round Lake Blvd. Clocktower Wine & Spirits 15190 Bluebird St. CVS 3633 Bunker Lake Blvd. G -Will Liquors 13973 Round Lake Blvd. Croix Oil Company 13650 Hanson Blvd. King's County Market 13735 Round Lake Blvd. Lakes Marathon 15246 Bluebird St. Lucky's Station 13660 Crosstown Blvd. Northgate Liquors 13627 Quinn St. Pov's Sports Bar 1851 Bunker Lake Blvd. Stop N Shop 13725 Crosstown Dr. Walgreens 2134 Bunker Lake Blvd. ACTION REQUIRED The City Council is requested to approve the above licenses for the period January 1, 2011 through December 31, 2011. Respectfully ss�uJ� /bmitt'� ed, Michelle Hartner Deputy City Clerk Attach: License applications C II T Y OF ND®�%V E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name )V5��7r 1/ �d Phone _ A � Applicant's Address. Business Name Business Addre: Type of Busines agree to waive my constitutional rights against search and seizure and will freely per peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. IS' ature of Applicant bate License /Renewal Fee: $250.00 ` Receipt l� 0 — (004 61 City. Council Action: Approved Denied Date License # a o 10 - 00407 o` ND®VE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name r-w Phone -- Applicant's Addres1 Business Name KGE' °r3aX�PrC6m A' 5 _L!)C_ Phone X63 s C%a1-,Nj)!5 Su 7�''y27 -oso Business Address /yDSr .d %� Type of Business Conducted at Location a,`/ 5ty-ee I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Applicant /Q 2,7 Z-oly Date License /Renewal Fee: $250.00 Receipt #: aU W- M39 c, City Council Action: Approved Denied Date License # a'�UIO— (Y) I T Y O F 1DOVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name _& r \te(% \ e-_ Phone Applicant's Address _ _ I / Business Nam ©G� C� rr� �cr �'S.�)i/'( TSPhone `76.3 Business Address i>)cia i ickCb) � S Type of Business Conducted at Location I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of A cant Date License /Renewal Fee: $250.00 Receipt #: A01 — tkO5" City Council Action: Approved Denied Date License # Qo10 -0 Gq C5- 1685 CROSSTOWN BOULEVARD N.W. u ANDOVER, MINNESOTA 55304 s (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name G1r�r��• pgo 1 C,Js.1 -I•C Phone Applicant's Address Business Name CU51 PKotcmc, cy 4� -4I t0 Phone jl,6 3- qal- 5D►I Business Address X33 &ohcc Lalee NJ. rU(UU Qnc��er MN 553a� Type of Business Conducted at Location Fe44J I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. 10 1,Wto Date a Ruth M Paredes Licence Coordinator Signature of Applicant Fee: $250.00 Receipt #: Council Action: Approved Denied Date nse #C2pjU_UU 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Detail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name GrcLn� �� �,ry�g� Phone Applicant's Address. Business Name 4:ba'-,6 1t 11LAgvors Business Address k3973 Pn1)1)e4 Phone - • ( -- - -3 — /// % Type of Business Conducted at Location Q Sct1P Li c7� f' Sf�c° I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Applicant 2- -2 - ZV Date License /Renewal Fee: $250.00 Receipt #: a0l 0-- Q 0) City Council Action: Approved Denied Date License # Q61 b— U0gL L 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the fol Qwing information. C,fLUI� Uac.... rw.Ply(� -I Applicant's Name Phone _ Applicant's Address CAol-- OIL- C0flapWv Business Name Q, L6l %f- - Cj ,,'Nu6iy W-ALZ ` AW&01�:& Phone '7k,3 15q -4333 Business Address 13WE,_)C) �6"bt,3 r_�up NW Type of Business Conducted at Location �ty� C-NC`c 5­1-6^ c— CU nw I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Applicant �daq, 0 Date License /Renewal Fee: $250.00 Receipt #:(:V)010 - Cam` f01 City Council Action: Approved Denied Date License 0- 664 0,9 1685 CROSSTOWN BOULEVARD N.W. + ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name R0Q =2r 4'rs Iz, Phone Applicant's Address_ i Business Name Cuu,u r~ m 1tV2~(,e r Aaw_ Phone -7(,P'3 - H 22 b Business Address Type of Business Conducted at Location agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to.forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. _-, Date License /Renewal Fee: $250.00 Receipt #: 010 - City Council Action: Approved Denied Date License # Io- Ooqab 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name A 1,aIJI-)de l � • --d �F,ec �'S Phone Applicant's Address_ Business Name �A4" / 1/ ,0142 o1 &) Phone Business Address _/ s'� �l� L�� i/�3l�i2� T- IV 1.1 Type of Business Conducted at Location �- s 7-deg' agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Applicant 20 /o Date License /Renewal Fee: $250.00 Receipt #::A0 I o -(D,fl Y City Council Action: Approved Denied Date License #0 01 b- ObLit9 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 Y (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name �G"� Phone Applicant's Address Business Name Business Address /34,&J Type of Business Conducted at iTA:"f OVI-1 Phone '763. 651' I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Wicant Nom✓. 1 �e Date License /Renewal Fee: $250.00 Receipt #:.,a (t0 City Council Action: Approved Denied Date License # ao,io -C3& c C I T Y 0 F N1 J` ® V �%L. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 i (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name A�� ��� K `()u PhonE Applicant's Address. _ Business Name nIAQ�,Ik�(.� Phone Ij Business Address 13627 CRANN ST. Type of Business Conducted at Locati ANDOVER MN 65304 Lf e�v��r�l. I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. ' gam at n', i Signature of Applicant Date License /Renewal Fee: $250.00 Receipt #: 3!�-5 City Council Action: Approved Denied Date License C II T Y 00F ,lr D®jr E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 f (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name POWs SPORTS BAR, INC. Phone 763 - 757 -2323 1851 BUNKER LAKE BLVD Applicant's Address A�rr,�r,FR,�5530i, Business Name POV'S SPORTS BAR, INC. Phone 763 - 757 -2323, 1851 BUNKER LAKE BLVD Business Address ANDOVER, MN 55304 Type of Business Conducted at Location FOOD AND nEvRu AGR I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. Signature of Yplicant Date License /Renewal Fee: $250.00 Receipt #: AN6 -COL40 City Council Action: Approved Denied Date License # aQ a DU `fa 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. Applicant's Name megl-yah r}?r.�y ,i Phone Applicant's Address_ Business Name ll ao %/ :57-0/- Al Phone i3` 7& // -,2526 Business Address 1316 t lOVS -S Oxon Ay/ad llla J- 53C)1j Type of Business Conducted at Location CC6 51011'oe la»Ue� >j4��1 ,51401e agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. 162 -i3-- /0 Date HE nature of Applicant Council Action: Approved Denied Date ise# %�tJla—b(y -i63 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US License To Sell Tobacco at Retail Renewal Application Form Pursuant to City Code Title 3, Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information. �- Applicant's Name � � � D .. _Phone Applicant's Address: Business Name Business Address Type of Business Conducted at Vim. -- ne agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of City Code Title 3, Chapter 2 providing for the granting of this license. hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. A Signature of App icant Id b� ate License /Renewal Fee: $250.00 Receipt #:c, 0100720 City Council Action: Approved Denied Date License #c�Ol 0- 003 OCT, 012010 - LL 0b/i() Y 0 F O ` . L. 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 City Council Jim Dickinson, City Administ Michelle Harmer, Deputy City Clerk Approve 2011 Contract/TimeSaver Secretarial Service December 7, 2010 INTRODUCTION Timesaver Secretarial has provided the city with an amended contract for minute taking in 2011. DISCUSSION The proposed contract reflects no rate change from 2010 and extends the expiration date to December 31, 2011. ACTION REQUIRED Council is requested to approve the 2011 contract with Timesaver Secretarial Service. Respectfully submitted, `p�, W WA-f . Michelle Hartner Deputy City Clerk Attach: 2011 Contract 0 ADDENDUM TO RECORDING SECRETARY SERVICE AGREEMENT Dated: December 31, 2010 By and between TimeSaver Off Site Secretarial, Inc. and the City of Andover, 1685 NW Crosstown Boulevard, Andover, MN 55304. 1. EXTENSION OF RECORDING SECRETARIAL SERVICE AGREEMENT: The term of the existing Recording Secretary Service Agreement dated December 31, 2009 shall be extended under the same terms and conditions to December 31, 2011. 2. TOSS Charges. TOSS shall be paid for its services as recording secretary for each meeting (the highest rate will prevail), as follows: a. Base Rate of One Hundred Twenty -Six and 25/100 dollars ($126.25) for any meeting up to one (1) hour (billable time) plus Thirty -One and 25/100 dollars ($31.25) for each thirty (30) minutes following the first one (1) hours; or b. Twenty -seven and 00 /100 dollars ($27.00) per hour for length of meeting, and fifteen (15) minutes prior to Call to Order and fifteen (15) minutes following Adjournment with a one and one -half (1.5) hour minimum; and Eleven and 95/100 dollars ($11.95) for each page of minutes prepared from shorthand or machine notes of the recording secretary as draft minutes for submission to and the review and comment of the City of Andover for their preparation of final minutes. At the end of the term of this Addendum or any extension of it, the parties may make a new Agreement or extend or modify the terms, of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Recording Secretary Service Agreement as of the day and year indicated. January _, 2011 CITY OF ANDOVER Michelle Harmer Its City Clerk November 10, 2010 TIMESAV�ER OFF SITE SECRETARIAL, INC. By Carla Wirth Its President & CEO a U 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public s /City Engineer FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/10- 29/2619 -2623 —138th Avenue NW/WM - Engineering DATE: December 7, 2010 INTRODUCTION This item is in regard to waiving the public hearing and adopting the assessment roll for 2619 - 2623 —138th Avenue NW for water main, Project 10 -29. DISCUSSION The City Council at the November 16, 2010 meeting approved a resolution declaring the cost and ordering assessment roll. This item is the last step as required by law to be able to levy the assessment to the property. BUDGET IMPACT The $8,265.90 will be assessed to 2619 -2623 — 138th Avenue NW over a 10 year period. ACTION REQUIRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for the improvement of water main for Project 10 -29, 2619 -2623 — 138th Avenue NW. Respectfully submitted, Todd J. :/ Attachments: Resolution, Assessment Roll, Location Map & Waiver cc: North Metro Management, P. O. Box 663, St Francis, MN 55070 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN IN THE FOLLOWING AREA OF 2619- 2623- 138TH AVENUE NW, PROJECT 10 -29. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the 1st Monday in January, 2011 and shall bear interest at a rate of 4.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of December 2010, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. 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So'L i .ti '�g3�. , �.' �l /�; o. (!f�� �ti\ ( /S }, t\°� h o n f,a�''• h ✓a- Ste._:..: _ - r c ... — - • —i � ;%0021,'T9..a �� ' J� l - .�..�}�., ._ s ? :— .;Doc 'w:' ,O'r,L.'Nd.�' { .:Doe.- -� ii Qs 1• 0 1i "�' u 1 v "� ' D "o• -• Na /53697 ' 4�,o s�s505 'i a /Ye2ff9 ,, 1 � '� li � . i, �• � �q ii:.- -�... ... � .•._ r , :'9° /96 . 'v9 °� /6G ?S° IA6 ins' ,4. /6G _ n�`�� {-• t S9° / /d' <`I° /410. -- IZBo - -T `� / /34 - -d-- '- 986 - -� '`-�''Z -- .;0 64q,y°RESOGF/P /Odt/���1�D'.�• '�:� '." .... - /536 -. �• `-- /4c ^6 - -v Sate a -10 -2010 Andover City Engineer 1685 Or6sstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Maa-�R J 1E:C I' if L5D Of �� rY C)v Ak4 D On If E7: fq3 Dear City Engineer: We do hereby petition for improvements ofrjvaterm) sanitary sewer, storm sewer and streets (circle one or more) with thus l s- or the improvement to be assessed against my beneficing property. Said petition is unanimous and the public hearing may be wbaived..V`Je would Eire to be assessed over a year period. G�' �•a� Pte.- °iu�Ln� ®ems =��',� �"Es Sincerely, fy[ d Northern Metro Management 1- 261 9 -2623 138 Ave Andover-MN 55304 Shawn 6I2- 750 -2289 Mailing Address °O Box 663 St Francis Mil 55070 Is A 1 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Pubh W ks /City Engineer FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Receive Assessment Roll/Waive Public Hearing/Adopt Assessment Roll/10- 31/1718 Andover Boulevard NW /SS & WM - Engineering DATE: December 7, 2010 INTRODUCTION This item -is in regard to waiving the public hearing and adopting the assessment roll for 1718 Andover Bouelvard NW for sanitary sewer and water main, Project 10 -31. DISCUSSION The City Council at the November 16, 2010 meeting approved a resolution declaring the cost and ordering assessment roll. This item is the last step as required by law to be able to levy the assessment to the property. BUDGET IMPACT The $13,233.66 will be assessed over a 10 year period. ACTION REQUIRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for the improvement of sanitary sewer and water main for Project 10 -31, 1718 Andover Bouelvard NW. Respectfully submitted, Todd J. Haas Attachments: Resolution, Assessment Roll Location Map Waiver cc: Thomas and Connie Enzmann (copy sent by e -mail) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN IN THE FOLLOWING AREA OF 1718 ANDOVER BOULEVARD NW, PROJECT 10 -31. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the 1st Monday in January, 2011 and shall bear interest at a rate of 4.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of December 2010, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk § \ § cq cq J \ § �) Lci - - - §f /k _ _ � » _ � u _ _ _ 06 C6 cli (6 § ) 0 - ~.j , - f J j 2 k w ,q a \< \ § _ C', \ \� \ \ \ e , N r \ ] \ \ \ ( LLI 0-)0 ) §)� CL OW / 0 k 2 t >1i J _ \6 IL \. E z Map and Data sources: CilyofAndnver N ffajTr,eerfrg Planning 1 inch aqu215350 fee''J Public tivcrk-s .... . .. i G13 V - 1:41200 Cily of.Mdovar Hair Ser."im --o.k ddmss 400 ?00 0 400 's -00' numbers W&M WMPilAl f.MM Utz Ar..;:a - — — — — — — — Cpunlyr,seme$021,2s0. Feet c I V Y 0 1. 9 k 0- k7 f - HALF SECTION ADDRESS BOOK Page &lk �CF 2DW October 20, 2010 Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 RE: MUNICIPAL IMPROVEMENTS Dear City Engineer, We do hereby petition for improvements of water main and sanitary sewer with the costs of the improvement to be assessed against my benefiting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 8'year period. io (as r"UesteA by Pro(151(3 ournuj -12:g-.. t7Y G —w�a�! Sincerely, Thomas and C6 -Knie Enzmann 1718 Andover Boulevard NW Andover, MN 55304 Phone: 763.755.1012 home 651.643.6539 work 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 Administrat( FROM: Michelle Hartner, Deputy City C] SUBJECT: Approve 2011 Liquor Licenses DATE: December 7, 2010 INTRODUCTION Liquor licenses expire on December 31, 2010. DISCUSSION The following have applied for renewal of their licenses and paid the appropriate fees: On -Sale Intoxicating Liquor Beef O'Brady's Jade Catering Pov's Sports Bar Off -Sale Intoxicatine Liquor Andover Liquor Clocktower Wine & Spirits G -Will Liquors Northgate Liquors Off -Sale 3.2% Malt Li quo Bill's Superette Festival Foods Stop N Shop The Sheriff's Office has completed their background investigation. io. ACTION REQUIRED The City Council is requested to approve the above licenses for the period January 1, 2011 through December 31, 2011. Respectfully submitted, t,-flozv Michelle Hartner Deputy City Clerk Attach: License applications „wpjOF Minnesota Department of Public Safety QFT!1esrq Alcohol and Gambling Enforcement F ���N 444 Cedar Street, Suite 222 a :. _ "� ""� St. Paul, MN 55101 �y� :d 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONS- E3 License Period Ending 12 /3.1 /'r20 it 2Gi 109 City /County where license approved. nn cl o V"'r % Licensee Name Z Br-o a Inc.. Trade Name Beef C Bv,,ad'yI.i Licensed Location address 151` 1(c) Blt- let }at,d 13�t #114 City, State, Zip Code f"lndovet- , MN 55304 Business Phone LICENSE FEES: Off Sale $ On Sale $ Sunday $ By signing.this renewal application, applicant certifies that there has been no clange to ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,OJ10 at on sale, or $50,000 at off sale). Licensee Signature ✓ DOB t I -- 4C4t i .-�16/ i (Signature certifies all above infiaation to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County AttornUSignature Date County Board issued licens (Signature certifies licensee is eligible for license). (Signature certifies license or a c s have ndeWn cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304- 4009 (763)323 -5000 Fax (763)422 -7503 November 29, 2010 RE. Renewal of Liquor, Wine, or Club or 3.2 License, Z -Bros Inc, dba Beef `O' Brady's Family Sports Pub Dear Ms. Hartner: I received the attached Renewal of Liquor, Wine, Club or 3.2% License regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): 1. Anthony Josef Zeece 2. Matthew Karl Zeece Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his /her date of birth. Please note that the above -named individuals may have other- reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sind Bruce ersohn Pa° Sheriff PSI Affirmative Action / Equal Opportunity Employer w °`° Minnesota Department of Public Safety �gx He T,T QpT P. Alcohol and Gambling Enforcement s 444 Cedar Street, Suite 222': '°°`°'"""�� St. Paul, MN 55101 �9< As �d 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2 % LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONREIR License Period Ending 1.2/31. {20 1=+460, City /County where license approved. Andover Licensee Name Jade Catering Inc-. Trade Name Jade f;atering Licensed Location address 12,345 Mdi "'1' i n Gt City, State, Zip Code Andoyer, MN 551304 Business Phone } l 1..J/ f ry tJ I- 33 3 LI LICENSE FEES: Off Sale $ On Sale $ Sunday $ Ill„ V1 Q1 5,:5"A. �?f0 2:00. 0"1 By signing this renewal application, applicant certifies that there has been no chhange in ownership on the above name licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor li es are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). )� T icensee, ig nr v 4A :L.DOB SS# - ___e lk — 7iZ— (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk/County nditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued lice i natu certifies licensee is eligible for license). 02 ago /p oo (Signature certifies licensee o a iates have not been d cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304- 4009(763)323 -5000 Fax (763)422 -7503 November 29, 2010 RE. Renewal of Liquor, Wine, Club or 3.2 Licenses, Jade Catering Inc., dba Jade Catering Dear Ms. Hartner: I received the attached Renewal of Liquor, Wine, Club or 3.2 % Licenses regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): Anne Marie Deluca Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that' a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his /her date of birth. Please note that the above -named individuals may have other- reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sincerely, Bru krso Sheriff psl Affirmative Action / Equal Opportunity Employer �` °`° Minnesota Department of Public Safety Fine .,T g pv: F Alcohol and Gambling Enforcement F 3 ° 444 Cedar Street, Suite 222.: �°` """"� St. Paul, MN 55101 :te ';ay° 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code ONSL. License Period Ending 12 /3 1. _'2 011ft# 9028 City /County where license approved. Andover Licensee Name Poo, > `port- Batt- Inc. Trade Name Pov1 s Sports 13 tr• Licensed Location address 1851 Bunker- Lzdke Blvd NW City, State, Zip Code Andover, MN 55304 Business Phone '7C-',3/755--2323 LICENSE FEES: Off Sale $ On Sale $ Sunday $ 17..1. 00 ac �t �1. 410. 1710. 0'1 By signing this renewal application, applicant certifies that there has been no c�ange to ownership on the above name licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confines that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in ash or se ities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor li a if 1 are less than $25,000 at on sale, or $50,000 at off sale). Licensee Si SC; 3)ate'/ (Signature certifies all above informatie to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature mate (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued licenses Signatur certifies licensee is eligible for license). Police/Sheriff Signature Date zz�4�z-� (Signature certifies licensee or ss ate ave not been cited during the past five years for any state/local liquor law violations (criminal /civil). Report violations on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304- 4009(763)323 -5000 Fax (763)422 -7503 November 29, 2010 RE. Renewal of Liquor, Wine, Club or 3.2 Licenses, Pov's Sports Bar Inc., dba Pov's Sportsbar Dear Ms. Hartner: I received the attached Renewal of Liquor, Wine or 3.2% Licenses regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): Bradley Thomas Povlitzki Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his /her date of birth. Mease note that the above -named individuals may have other - reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sincerely, Bru e A ohn ad Sheri psl Affirmative Action / Equal Opportunity Employer g Minnesota Department of Public Safety �Q Txe q w' Alcohol and Gambling Enforcement E.;- 444 Cedar Street, Suite 222 v,, St. Paul, MN 55101 e ; 8s §.dy° 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code 1-11` E3L• License Period Ending 12 / 31 % 20 1I(-)# 781.0 City /County where license approved. An ci o v e r Licensee Name Jug L i q u o t- Inc:. Trade Name Licensed Location address 3121 161st Ave NW City, State, Zip Code Anti o v ar,, i'YIN 55304-2404 Business Phone '763/42'1---0572 LICENSE FEES: Off Sale $ On Sale $ Sunday $ By signing this renewal application, applicant certifies that there has been no grange in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). Lictmsce Signotu42 DOB SSA VQU (Signature certifie 1 ab ve information to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature I Date County Board issued licens ignatu ertifies licensee is eligible for license). P-olice/Sheriff Sign Da (Signature certifies licensee or Ilss9eiateghave not been cited during the past five years for any state /local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304- 4009(763)323 -5000 Fax (763)422 -7503 November 17, 2010 RE. Renewal of Liquor, Wine, Club or 3.2% Licenses, Jug Liquor Inc., dba Andover Liquor Dear Ms. Harmer: I received the attached Renewal of Liquor, Wine, Club or 3.2 %License regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): Joseph Vernon Kowal Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his /her date of birth. ;Please note that the above -named individuals may have other - reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sincerely, Bruc er o asd Sheriff psl Affirmative Action! / Equal Opp_ ortunity Employer !i °` Minnesota Department of Public Safety a Alcohol and Gambling Enforcement ,.< 444 Cedar Street, Suite 222�°`rniw+�° St. Paul, MN 55101 651- 201- 7507•TTY 651- 282 -6555• Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer 1D Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code O1= SL License Period Ending 12 /3 1 %' 2011# 1' �c 5 J City /County where license approved. F n d o v ;e r Licensee Name - Iar,ktower Wine t Spirits Inc. Trade Name CItockto w e r Wine & Spirits Licensed Location address 151` 0 I)luebi.rd St NW i#109 City, State, Zip Code Andover, 1v1N 55-304 Business Phone , 63 i 434-0 1. 1 G LICENSE FEES: Off Sale $ On Sale $ Sunday $ By signing this renewal application,, applicant certifies that there has been Ao change in ownership on tne'above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached li uor liabilitinsurangg certificate hat corresponds with the license period in city /county where license is issued. $100,0 in cash or secure ies or 10 ,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). Licensee SiSi nag hire -SSb Date t 5 ^ l Q (Signature certifies all above infor 'on to be DOB correct and license has been approved by city /county.) Cry Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued s on nature ifies licensee is eligible for license). Police/Sheriff Signaturt Date (Signature certifies licensee ciatbnave not been cited during the past five years for any state /local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304- 4009(763)323 -5000 Fax (763)422 -7503 November 17, 2010 RE. Renewal of Liquor, Wine, Club or 3.2% Licenses, Clocktower Wine & Spirits Inc., dba Clocktower Wine & Spirits Dear Ms. Hartner: I received the attached Renewal of Liquor, Wine, Club or 3.2% Licenses regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): Ronald Abraham Awaijane Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his /her date of birth. Please note that the above -named individuals may have other - reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sincerely, Bruc Ko- Sheriff psl Affirmative Action, I Equal Opportunity Employer (Minnesota D Department of Public Safety T ? r9 �: r Alcohol and Gambling Enforcement F: '.3 444 Cedar Street, Suite 222 d.; r St. Paul, MN 55101 ay 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code OC"81_ License Period Ending 11.1 :;1.120 2 1. E,.:;4 City /County where license approved. An d o v e r Licensee Name WCR i_itot.tov,a Ine° Trade Name t.,•- Wi.l1. Liquot^ Licensed Location address 13973 Round [_k. Blvd NW City, State, Zip Code Andover, MN 55304 Business Phone , 6 !421 - -.I 1. 1 7• LICENSE FEES:,Off Sale $ On Sale $ Sunday $ ��fd It'l if t;,1. 4'�0 By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1 Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales less than $25000 at on sale, or $50,000 at off sale). J jcensee Signatljr 2� 1�� 2.4 ' L% B ?$ Date /© -'7-7 — 2-01,0 (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) Coun y Attorney Signature Date County Board issued lic ignatur certifies licensee is eligible for license). Police/Sheriff Sign ire Datt (Signature certifies lil-enseeor ssot6Wave not been cited during the past five years for any state /local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304 -4009 (763)323 -5000 Fax (763)422 -7503 November 17, 2010 RE. Renewal of Liquor, Wine, Club or 3.2 % Licenses, WCR Liquors Inc., dba G- Will Liquors Dear Ms. Hartner: I received the attached Renewal of Liquor, Wine, Club, or 3.2% Licenses regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): Grant William Rademacher Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his /her date of birth. Please note that the above -named individuals may have other - reported incidents that do not include the.sale of non - intoxicating malt liquor or intoxicating liquors. Sincerely, Bruce e hn °tea Sheriff psl Affirmative Action / Egaal,Opp l Opportunity Employer I ON': Minnesota Department of Public Safety niw Alcohol and Gambling Enforcement 444 Cedar Street, Suite 222 St. Paul, MN 55101 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code O 61. License Period Ending 12 31 1121 0 4@4 1.0355 City /County where license approved. A ii iJ 0 v r. r- Licensee Name Liquor- Plus ITIc -. Trade Name P•lorthyate Liquors ATidovor° Licensed Location address 13627 Quinn Vii: N1W City, State, Zip Code (=ti df.iver , trIN 5`5304 Business Phone 763/7 55---7'7'75 LICENSE FEES: Off Sale $ On Sale $ Sunday $ ;. :N10. 1? 0 0 0 1v1 .1 00 By signing this renewal application, applicant certifies that there has been no Aange in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the )_ iquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor H uses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). laic nP�Pr Signature f PS �'�OB 4" Late )6-0—J& (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk/County Auditor Signature Dare (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signatim Date County Board issued licen ' nature fies licensee is eligible for license). PoliccISIlcriff Sign (Signature certifies licensee or sso e ve not been cited during the past five years for any state/local liquor law violations (criminal /civil). Report violations on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304- 4009(763)323 -5000 Fax (763)422 -7503 November 17, 2010 RE: Renewal of Liquor, Wine, Club or 3.2 Licenses, Liquors Plus Inc., dba Northgate Liquors Dear Ms. Harmer: I received the attached Renewal of Liquor, Wine, Club or 3.2 Licenses regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): Bruce William Knowlan Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his /her date of birth. Please note that the above -named individuals may have other - reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sincerely, Bruce r or�a Sheriff psl Affirmative Action' / Equal Opportunity Employer i . g ` °`° Minnesota Department of Public Safety Q.txe r9 Alcohol and Gambling Enforcement F �• 444 Cedar Street, Suite 222.., __ 0ffM a... St. Paul, MN 55101 �i:ye ;d" � 651- 201- 7507•TTY 651- 282 -6555 •Fax 651- 297 -5259 RENEWAL OF LIQUOR WINE CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code 3. 2 F SL License Period Ending 1 / 31 /;_l 14 # City /County where license approved. P1 Ci a v e r Licensee Name Radenl.- tc•her- C,onipctni.es Inc. Trade Name BilI" ; super-et te Licensed Location address 14041. Round I_;.}ke Blvd City, State, Zip Code 938f r i' ' -. JC:r Andovet-, MN 5530, -1• Business Phone 7 C) 3 / 42 7 -'Et 5je..'.14 LICENSE FEES: Off Sale $ On Sale $ Sunday $ By signing this renewal application, applicant certifies that there has been no grange in ownership on the a�iove named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are,.exempt if sales r ?e less than $25,000 at on sale, or $50,000 at off sale). Li ne SignatuE anT' � '`T` -t°�R 44# -Date fd "2-7- 2t� /Z.J (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk/County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) Comity Attornq Signature 1latP _ County Board issued ' enses on (Signatuxe certifies licensee is eligible for license). v (Signature certifies licensee �Qr �acia­rn have not been cited during the pas[ five years for any state /local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304- 4009(763)323 -5000 Fax (763)422 -7503 November 17, 2010 RE: Renewal of Liquor, Wine, Club or 3.2% Licenses regarding Rademacher Companies Inc, dba: Bill's Superette #7 Dear Ms. Hartner: I received the attached Application for Renewal of Liquor, Wine, Club or 3.2% Licenses regarding the above. As you requested, a criminal background check was completed upon the following: 1. Grant William Rademacher- Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge, the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: None within our jurisdiction. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his/her date of birth. Please note that the above -named individual(s) may have other- reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. S� Bruce And aad�� Sheriff psl Affirmative Action / Equal Opportunity Employer g $ °` Minnesota Department of Public Safety o T Esrr Alcohol and Gambling Enforcement F1 s 444 Cedar Street, Suite 222 Sr_ Paul, MN 55101 y *;as ,a'" 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code '° 20FC' L License Period Ending 121/ 011 # City /County where license approved. lAttd o v t- Licensee Name Krlowltan's SupEr M xrkets Inc. Trade Name Festival foods Licensed Location address City, State, Zip Code Business Phone C.C- '763/755­1415 LICENSE FEES: Off Sale $ On Sale $ t�' Sunday $ By signing this renewal application; pplicant certifies that there has been no change in ownership on the °above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. x:7881 Applicant's sigyature on this renewal confirms the following: Failure to report any of the following will result in fines 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). Licen= Si , I I SS# _. Date /�O (Signature certifies all bove ' ormation to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Pate County Board issued licgrraer�natur mortifies licensee is eligible for license). (Signature certifies licensee o asso ' the ave not been cited during the past five years for any state/local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304 -4009 (763)323 -5000 Fax (763)422 -7503 November 17, 2010 RE. Renewal of Liquor, Wine, Club or 3.2% Licenses, Knowlan's Super Markets Inc., dba Festival Foods Dear Ms. Hartner: I received the attached Renewal of Liquor, Wine, Club or 3.2 %Licenses regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): Lauris Kay Youngquist Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records were found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his/her date of birth. Please note that the above -named individuals may have other - reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sincerel , Bruc ohn 1411 Sheriff psl r.; Affirmative Action / fqd Opportunity Employer g °E` °`° Minnesota Department of Public Safety a Alcohol and Gambling Enforcement 444 Cedar Street, Suite 222 St. Paul, MN 55101 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Card fee is received by MN Liquor Control • (3.2% Licenses exemnt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code f. ' '0FS L License Period Ending 12/31 120k@# City /County where license approved. A t'1 d o v e r Licensee Name ( °f<ar i o' s fatop N S[i o pa Trade Name P&'arioI <> i;ap N `9i1opa Licensed Location address 137215 Crosstown Dt-. City, State, Zip Code Iin C�itobfer, MN ;'5�:5isk'.14 Business Phone LICENSE FEES: Off Sale $ On Sale $ Sunday $ By signing this renewal application, applicant certifies that there has been no change in ownership on the above named licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. 300 74 Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines I. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confines that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confines that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are ex pt if sales are less than $25,000 at on sale, or $50,000 at off sale). t I Licenc e Signature / /f^- -- 1�OR {$$ Late �P%' -/3 ° /0 r v (Signature certifies alf above information to be correct and license has been approved by city /county.) City Clerk /County Auditor Si eat tr 1)arP (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorney Signature Date County Board issued li�,n t y 'gVu "rtifies licensee is eligible for license). (Signature certifies licensee or also " te�ve not been'cited during the past five years for any state /local liquor law violations (criminal/civil). Report violations on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304 -4009 (763)323 -5000 Fax (763)422 -7503 November 17, 2010 RE. Renewal of Liquor, Wine, Club or 3.2 % Licenses, Mario's Stop n Shop Dear Ms. Hartner: I received the attached Renewal of Liquor, Wine, Club or 3.2 % Licenses regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): Marwan Pierre Merhy ... Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his /her date of birth. Please note that the above -named individuals may have other - reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sincerely, Bruc rsohn°�'� Sheriff psl i Affirmative Action l Equal Opportunity Employer 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 Administrator FROM: Michelle Hartner, Deputy City Cler SUBJECT: Approve 2011 Private Kennel Licei DATE: December 7, 2010 INTRODUCTION Kennel licenses expire on December 31, 2010. DISCUSSION Rob -Lyn and Timothy Hiltz, owner of Blue Collar St. Bernards has applied for renewal of their private kennel license and paid the appropriate fee. ACTION REQUIRED The City Council is requested to approve the private kennel license for the period of January 1, 2011 through December 31, 2011. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License application (0 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN. US PRIVATE DOG KENNEL LICENSE APPLICATION CITY CODE TITLE 59 CHAPTER 1 Private (any place where more than three dogs are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept) p_ 1 mo J /�Jlzl Name ) /p-/ ] /� l n x / AdidlrPCa / i1 ' % 1 �C�f �i..i' �f� A ���• ® vLt? MA( 51 Telephone Number Number of Dogs. x9c>cxie a<xxiexxx k�biexxxxxic is icxdexxxxacxxicxiexr. is ic> x icx ie iexxxx xx kiex iexicxxicx ie de ae ie atxxixx>c ix Property Size 10, 1(e 6 (2. ref. J . Method of Waste Disposal e. C & lid 6)A S, 4-' Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. xxxnxxxxxxxxxxxxxxxxxxxxnxxxxxxxxxxxxxxxxxxxx�xxxxxxxxxxxxxxxxxxxnxxxxx Fee: New License $200.00 Renewal License $25.00 #6A6Jb -0()4A5- City Council Action S 6 Z 9 co QF 7D �v4 `i W_ Q / l 0- (i y J7 Z J Q� ag rq n S (3 z W, r- z \ '� c Z 7 r T a�re�a� �z n P N Of 116i `sk+G7 a �•'�1C�7 3 P� c F .. p cs 1 I. tt � 1� n 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers \ 1�- _ CC: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve City Administrator Review DATE: December 7, 2010 INTRODUCTION The City Council held a special executive session on November 30, 2010, to evaluate the performance of the City Administrator James Dickinson. The evaluation of the City Administrator, James Dickinson, was conducted in an executive session on November 30th by the City Council as permitted by state open meeting laws. The City Administrator was evaluated in the areas of Council relations, fiscal management, personnel, supervision, leadership, intergovernmental relations and community relations. In addition the review included 360- degree feedback from the management team and selected staff. In =liPW, "The City Council has reviewed the City Administrator for 2010 and finds that on average Mr. Dickinson Exceeds Expectations ". ACTION REQUESTED Council is requested to approve the aforementioned summary of City Administrator Dickinson's 2010 performance review and authorizes an extension of his current employment contract to December 31, 2011. Respectfully submitted, Dana Peitso Y O F OVE. 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 Council Members Jim Dickinson, City Administrator ( D Approve Letter of Agreement/Anoka County /Statewide Health Improvement Program (SHIP) December 7, 2010 INTRODUCTION Anoka County has accepted a State of Minnesota Department of Health grant as part of the Statewide Health Improvement Program (SHIP). The City of Andover is eligible for a local grant of up to $7,000 from Anoka County to assist with an Employee Wellness Initiative. DISCUSSION The City of Andover Administrative Services (Human Resources) has submitted an application to Anoka County to implement an Employee Wellness Initiative and was successful in being awarded a $7,000 grant for qualifying expenses outlined in the attached Letter of Agreement. ACTION REQUESTED The City Council is requested to approve the attached Statewide Health Improvement Program Letter of Agreement between Anoka County and the City of Andover. COUNTY OF ANOKA COMMUNITY HEALTH & ENVIRONMENTAL SERVICES DEPARTMENT Anoka County Government Center (763) 422 -7030 2100 3rd Ave. STE 600 Anoka, MN 55303 -5041 November 19, 2010 City of Andover James Dickenson 1685 Crosstown Blvd Andover, MN 55304 Dear Mr. Dickenson: Fax (763) 422 -6988 Enclosed is your 2010/2011 Letter of Agreement with Anoka County. Please review the agreement and complete the signature portions. After you have completed the signatures, please mail the original contract to: Joan Martin County of Anoka Human Services Division 2100 Third Avenue, 5th Floor Anoka, MN 55303 When you return the signed contract, please also include a current Certificate of Insurance (see section 8 of the agreement). The certificate should include the following: 1. General Liability 2. Workers' Compensation 3. Anoka County as additional insured under Commercial General Liability (see Attach B, 1.1) with no contract numbers referenced. 4. Additional insured endorsement page — please request from your insurance company. This will require an additional page of information. 5. 30 days' written notice to Anoka County prior to cancellation of any insurance (see Attachment B, 3.1). 6. The Certificate Holder identified as "Anoka County, Attn: Human Services Contract Unit, 2100 Third Avenue, Anoka, MN 55303. I will forward a copy of the agreement to you after the appropriate County representatives have reviewed and signed it. If you have questions regarding the contract, please call meat 763 - 422 -6918 Sin erely, au"L,d Z�6/022- Laurel Hoff Public Health Nursing Director Enclosure Affirmative Action / Equal Opportunity Employer #10 -2251 STATEWIDE HEALTH IMPROVEMENT PROGRAM LETTER OF AGREEMENT between ANOKA COUNTY AND CITY OF ANDOVER THIS AGREEMENT is entered into between Anoka County through its Community Health & Environmental Services Department, 2100 Third Avenue, Anoka, MN 55303 -5041, and City of Andover, 1685 Crosstown Blvd., Andover, MN 55304. RECITALS: (1) As Grantee, Anoka County has accepted grant funds from, and entered into a Grant Agreement with, the Minnesota Department of Health based on Grantee's Action Plan. (2) Anoka County included grant activities associated with implementing policies and practices that result in development of an Employee Wellness Initiative at City of Andover worksites, and may include worksite partners training, and attendance at wellness related conferences. (3) City of Andover represents that it is qualified and willing to furnish these services. (4) Anoka County wishes to enter into an agreement with City of Andover for these services. NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, Anoka County and City of Andover agree as follows: 1. TERM 1.1 This Agreement begins on October 1, 2010, and ends on June 30, 2011, unless earlier terminated as provided in Section 11. TERMINATION. 2. SERVICES 2.1 City of Andover agrees to have dedicated staff to work with the Department and provide services described in Attachment B, unless otherwise modified and approved by the Department. 2.2 City of Andover agrees and acknowledges that Anoka County is subject to the terms of the Minnesota Department of Health Statewide Health Improvement Program (SHIP) Grant Project Agreement, which terms relate to the activities that are funded by this agreement. City of Andover agrees to comply with the terms in the SHIP Grant Project Agreement. 2.3 City of Andover agrees to grant Anoka County and the State of Minnesota the right to make, have made, reproduce, modify, distribute, perform or otherwise use the materials (as described in the SHIP Grant Project Agreement and Master Grant Contract for Community Health Boards) that are conceived or created by City of Andover under this Agreement. 3. FUNDING 3.1 The total amount paid to City of Andover under this agreement shall not exceed $7,000. 3.2 The cost of this Agreement is based upon the budget submitted by City of Andover and approved by the Department. 3.3 City of Andover will submit monthly invoices on Department approved forms to the Department based on actual expenses for services provided during that calendar month. 3.3.1 City of Andover will submit the invoices to Anoka County Community, Health & Environmental Services Department, 2100 Third Avenue, STE 600, Anoka, MN 55303- 5041, no later than the 15`x' day of the month following the month the expenses were incurred. 3.4 Within 30 days after receiving a properly completed invoice, Anoka County will pay City of Andover in the manner provided by law for paying claims against Anoka County. 3.5 Anoka County may modify amounts under this agreement based upon actual expenditures and subject to the review and recommendations by the Department. 3.6 City of Andover agrees to request the Department's written approval for any budget change, including any change in the line item budget, submitted by City of Andover to the Department. 3.7 City of Andover will repay Anoka County within 30 days for any funds not expended on permitted activities under this Agreement. 4. STANDARDS AND ASSURANCES 4.1 City of Andover agrees to the provisions set forth in Attachment A — the Community Health Standards Assurances and Certifications. 5. NO CO- PARTNERSHIP 5.1 Nothing in this agreement creates or establishes a co- partner. relationship, a joint venture, or an association with or between City of Andover and the County. 5.2 Nothing in this agreement makes Grantee, including its officers, employees, and agents, the agent, representative or employee of the County for any purpose whatsoever. 6. AUDIT AND RECORDS RETENTION 6.1 City of Andover agrees that its records, documents, accounting procedures and practices, and other papers relevant to this agreement are subject to examination, duplication, transcription, and audit by Anoka County, Legislative or State Auditor under Minn. Stat. § 1613.06, subd. 4, and MHFA. 6.2 City of Andover agrees to maintain required records for at least 6 years after it receives final payment or this Agreement terminates, whichever is later. 7. INDEMNIFICATION 7.1 City of Andover agrees to hold harmless, indemnify, and defend Anoka County, its commissioners, officers, agents, and employees against any and all claims, expenses, (including attorneys fees), losses, damages, or lawsuits for damages, arising from or related to performing or failing to perform activities under this agreement, including but not limited to the negligence of City of Andover. 7.2 Section 7. INDEMNIFICATION provisions do not independently create liability as to any third party. 2 7.2.1 These provisions are intended to protect Anoka County from any liability related to activities performed by City of Andover under this Agreement. 7.3 Nothing in this Agreement waives any limitation on liability provided by Minn. Stat. Chap. 466 or Minn. Stat. §§ 3.732 et seq. or any other applicable law. 8. INSURANCE 8.1 City of Andover agrees that, in order to protect itself as well as the County under Section 7. INDEMNIFICATION, it will have and keep in force insurance coverage in a minimum amount of $1,000,000 each occurrence for injuries to persons or damages to property which may arise from or in connection with the performance of project services by Grantee, its agents, representatives, employees or subcontractors. 8.2 Anoka County, its agents, officers, directors, and employees are to be covered as an additional insured for all liability coverages using ISO additional insured endorsement CG 20 10 in combination with CG 20 37 or substitute providing equivalent coverage, and under the commercial umbrella, if any. 8.3 City of Andover will have Workers' Compensation coverage as required by the State of Minnesota. 8.4 City of Andover will furnish the County with certificates of insurance. 8.4.1 The County may withhold payment if Grantee fails to furnish certificates. 9. SUBCONTRACTING AND ASSIGNMENTS. 9.1 City of Andover cannot subcontract unless Anoka County gives written approval. 10. MODIFICATIONS 10.1 To alter, modify, or amend this agreement, the parties must agree in writing signed by their authorized representative(s). 10.1.1 An interpretation that is not viewed as material by the parties does not require signatures. 11. TERMINATION 11.1 This Agreement will terminate upon at least 30 days written notice specifying the termination date, given by either party, with or without cause. 11.2 If the Minnesota Department of Health terminates funding used for this Agreement, Anoka County may terminate this Agreement immediately upon written notice delivered to City of Andover. 11.3 Anoka County may terminate this Agreement immediately upon written notice delivered to City of Andover for a material breach. A material breach is defined as: A violation of any pertinent statute, ordinance, rule, or regulation by City of Andover, or failure by City of Andover (including any employee or agent) to abide by any term, condition, or requirement in this Agreement. 11.3.1 If City of Andover materially breaches this Agreement, Anoka County may recover from City of Andover any damages sustained by Anoka County that directly or consequently arise from City of Andover breach. 3 11.4 Indemnity, Audit and other affirmative obligations, such as records retention and data practices provisions, survive this Agreement's termination. 12. NOTICE 12.1 Notice is to be given in writing, directed to City of Andover or to Laurel Hoff, Public Health Nursing Director, at the address stated above, and either sent by mail or delivered in person. 12.2 When notice is served by mail, it is deemed received 3 days after mailing. 13. ENTIRE AGREEMENT 13.1 The parties' entire agreement is contained in this document. 13.2 All items referred to in this agreement are incorporated or attached and deemed to be part of the agreement. City of Andover having signed this agreement, and the proper County officials having signed this agreement, the parties agree to be bound by its provisions. ANOKA COUNTY to Jerry Soma Division Manager, Human Services Dated: APPROVED AS TO FORM: Assistant Anoka County Attorney Dated: L'! City of Andover By: Print Name: James Dickinson Title: City Administrator Dated: Federal Tax Identification #: ATTACHMENT A COMMUNITY HEALTH STANDARD ASSURANCES AND CERTIFICATIONS NON - DISCRIMINATION A. Anoka County is an Affirmative Action/Equal Opportunity Employer. In accordance with Anoka County policies and applicable federal and state laws against discrimination, Contractor will not illegally exclude any person from frill employment rights or participation in any program, service or activity or deny the benefits of, or otherwise subject any person to discrimination under, any program, service or activity. B. While performing the Contract, Contractor will not illegally discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, marital status, public assistance status, disability, sexual orientation, or age. C. Contractor will comply with any applicable federal or state law regarding non - discrimination, including the following laws that may be applicable: The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. §2000e, et s ., which prohibits discrimination in employment because of race, color, religion, sex or national origin; Executive Order 11246, as amended, which prohibits discrimination by U.S. Government contractors and subcontractors because of race, color, religion, sex or national origin, and supplemented with regulations at 41 C.F.R. pt. 60; The Rehabilitation Act of 1973, as amended 29 U.S.C. §701, et se ., and 45 C.F.R. 84.3 (J) and (K) implementing Sec. 504 of the Act, which prohibits discrimination against qualified handicapped persons in the access to or participation in federally funded services or employment; The Age Discrimination in Employment Act of 1967, as amended, and Minn. Stat. § 181.81, which generally prohibit discrimination because of age; The Equal Pay Act of 1963, as amended, 29 U.S.C. §206, which provides that an employer may not discriminate based on sex by paying employees of different sexes differently for the same work; Minn. Stat. Chap. 363, as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex, marital status, public assistance status, disability, sexual orientation, or age; Minn. Stat. §181.59, which prohibits discrimination against any person by reason of race, color, or creed in any state or political subdivision contract for materials, supplies or construction; and The Americans with Disabilities Act of 1990, which generally prohibits discrimination based on disability. D. If the Contract is for more than $100,000.00 and Contractor has employed more than 40 full -time employees during the previous twelve months, Contractor certifies by signing the Contract that it has received a certificate of compliance from the Commissioner of Human Rights pursuant to Minn. Stat. § 363.073. E. No funds received under the Contract will be used to provide religious or sectarian framing or services II. DATA PRACTICES A. Data collected, created, received, maintained, disseminated, or used for any purpose while Contractor is providing services under the Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13, and rules adopted to implement the Act as well as other state and federal laws on data privacy. B. As to services provided pursuant to his Contract, Contractor agrees to comply with the statutes and rules, currently in effect and as amended, as if it were a governmental entity; pursuant to Minn. Stat. § 13.05, subd. 11, all remedies set forth in Mimi. Stat. § 13.08 may apply to Contractor. C. When required because services are being provided under a Minnesota Department of Human Services (DHS) program, the person identified in the Contract to receive notice is also designated responsible authority for data under Minn. Stat. 313.46, subd. 10(a)(4) unless someone else is expressly identified in the Contract. D. When services are funded under a DHS program, Contractor may access welfare data on individuals when necessary for program purposes to provide services under the Contract as permitted by law. When services are funded under a DHS program, Contractor will allow access to data to a responsible authority in the welfare system when access is necessary for administrating and managing programs as permitted by law or as authorized or required by state or federal law. F. Contractor is not required under the Contract to provide public data to the public if that same data is available from Anoka County. III. RECORDS AUDIT/BETENTION A. Contractor agrees that its bonds, records, documents, accounting procedures and practices, and other papers relevant to the Contract are subject to examination, duplication, transcription, and audit by Anoka County, DHS (if services are funded under a DHS program), Legislative or State Auditor pursuant to Minn. Stat. § 16C.05, subd. 5, and U.S. Department of Health and Human Services; these documents are subject to review by the U.S. Comptroller General, or a duly authorized representative, if federal funds are used for work under the Contract. B. Contractor agrees to maintain these documents for 6 years from the last date services were provided or payment made, or longer if an audit in progress requires a longer retention period. C. If services are funded under a DHS program, Contractor agrees to comply with applicable DHS policies regarding social services recording and monitoring procedures as defined and described in the DHS riles and marmals. IV. WORKER HEALTH SAFETY, AND TRAINING Contractor is solely responsible for the health and safety of its employees and agents while they are performing work under the Contract and will ensure that persomnel are properly trained and supervised and, when applicable, licensed or certified appropriate to the tasks engaged in under the Contract; Contractor will comply with the "Occupational Safety and Health Act" and the "Employee Right to Know Act," Minn. Stat. §§ 182.65 et se ., where applicable. V. FAIR HEARING I GRIEVANCE PROCEDURE A. If services are funded under a DHS program, Contractor will assist the County in complying with Minn. Stat. § 256.045, Administrative and Judicial Review of Human Services Matters. Contractor agrees to have a grievance procedure for individuals receiving services under the Contract. VI. MANDATORY REPORTING Contractor will comply with Minn. Stat. § 626.556, Reporting of Maltreatment of Minors, and Minn. Stat. §§ 626.557 et seq., Reporting of Maltreatment of Vulnerable Adults, and any rules promulgated to implement the statutes. VII. BACKGROUND CHECKS A. Contractor will comply with requirements in Minn. Stat. § 144A.46 and Minn. Stat. § 144.057 related to background studies for employees, contractors, and volunteers. B. Contractor agrees that a person employed by Contractor who is disqualified under Minn. Stat. § 144.057 and not considered granted reconsideration of the disqualification by the Commissioner of Health will not be allowed to work in a position that requires direct contact with, or access to, Eligible Recipients. VIII. MEDICAL ASSISTANCE SERVICE PROVIDER If applicable, Contractor will enroll as a Medical Assistance service provider and obtain any needed physicians recommendation for treatment for all Medical Assistance eligible recipients. IX. SERVICE PERFORMANCE A. When services are funded under a DHS program, Contractor will provide Purchased Services in the amount, frequency, and duration specified in an Eligible Recipient's individual service plan [ISP], and will direct services toward achieving the goals and objectives specified in the ISP. B. Contractor must give the Eligible Recipient and county agency written notice before terminating Purchased Services to an Eligible Recipient. C. Contractor agrees to comply with applicable federal and state laws, rules and regulations, as well as local ordinances that are in effect while providing Purchased Services. D. Except as otherwise specified in the Contract, Contractor will maintain control with respect to the methods, times, means and personnel used in providing Purchased Services. E. Contractor certifies that: services to be provided under this Contract are not otherwise available without cost to Eligible Recipients; payment claims for Purchased Services will be in accordance with rates of payment that do not exceed amounts reasonable and necessary to assure quality of service; rates of payment do not reflect any administrative or program costs assignable to private pay or third -party pay service recipients. X. FINAL PAYMENT A. Under Mimi. Stat. § 270C.66, final payment may be withheld until Contractor furnishes Anoka County with proof that all outstanding withholding taxes, penalties and interest are paid. Anoka County may require proof in the form of a certificate issued by the Commissioner of Revenue. XI. INDEPENDENT CONTRACTOR A. Contractor is, and will remain, an independent contractor with respect to all services performed under the Contract. B. Nothing in the Contract creates or establishes a co- partner relationship between Anoka County and Contractor or makes Contractor an agent, representative, or employee of Anoka County for any purpose. C. No benefits available to Anoka County employees will accrue to Contractor or Contractor's employees or agents performing services under the Contract. XII. MINNESOTA LAW A. Minnesota laws govern all questions related to the Contract. B. The parties will venue any proceedings related to the Contract in the Anoka County District Court, State of Minnesota. XIII. SUBCONTRACTORS Under Minn. Stat. § 471.425, Contractor must pay any subcontractor for undisputed services provided by the subcontractor within 10 days after Contractor receives payment for services; Contractor agrees to pay interest as provided in Minn. Stat. § 471.425 on any undisputed amount not paid on time. XIV. EXCLUDED MEDICAL ASSISTANCE PROVIDERS By signing the Contract, Contractor certifies that it is not an excluded vendor under § 2005(b)(9) of Title XX of the Social Security Act. XV. DHS THIRD -PARTY BENEFICIARY A. When relevant, Contractor understands and agrees that DHS is a third -party beneficiary and an affected party under the Contract pursuant to Minn. Stat. § 245.466, Minn. R. pt. 9525.1870, or a similar legal requirement. B. Contractor agrees that DHS, as well as Anoka County, has standing to and may take any appropriate administrative action or sue Contractor for any appropriate relief in law or equity, including, but not limited to, rescission, damages or specific performance of all or any part of the Contract between Anoka County and Contractor. C. Contractor specifically acknowledges that Anoka County and DHS are entitled to, and may recover from Contractor, reasonable attorneys' fees and costs and disbursements associated with an action taken under this provision that is successfully maintained. D. This provision will not be construed to limit the rights of any party to the Contract or any other third -party beneficiary, nor will it be construed as a waiver of immunity under the Eleventh Amendment to the United States Constitution or any other waiver of immunity. -3- E. Subcontracts will have the same or similar language acknowledging that DHS is a third party beneficiary. XVI. PREVAILING WAGE Contractor will assure that any worker hired to provide services funded under the Contract who falls within any job classification established and published by the Minnesota Department of Labor & Industry will be paid, at a minimum, the prevailing wage rate as certified by that Department. XVII. SINGLE AUDIT ACT If applicable, CONTRACTOR will comply with the Single Audit Act of 1984 (Public Law 98 -502) as amended (31 U.S.C. chap 75) and OMB Circular A -128 (or A -133 or A -110 as applicable). XVIII. HIPAA COMPLIANCE CONTRACTOR agrees to comply with all applicable requirements in the regulations adopted under the Health Insurance Portability and Accountability Act ( HIPAA), including specifically the privacy regulations in 45. C.F.R. Parts 160 and 164. XIX. CONTRACTOR DEBARMENT SUSPENSION, AND RESPONSIBILITY Federal regulation (45 C.F.R. § 92.35) prohibits Anoka County frompurchasing goods or services with federal money fromvendors who have been suspended or debarred by the federal government. Also Minn. Stat. § 16C.03 provides the Minnesota Commissioner of Administration with the authority to debar and suspend vendors. Vendors may be suspended or debarred when it is determined, through a duly authorized hearing process that they have abused the public trust in a serious manner. By signing this Contract, Contractor certifies that it and its principals* and employees: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with the federal, state or local governmental department or agency; and b. Have not within a 3 year period preceding this contract: 1. been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; 2. violated any federal or state antitrust statutes; or 3. committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and C. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1. commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract; 2. violating any federal or state antihust statutes; or 3. committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and d. Are not aware of any information and possess no knowledge that any subcontractor(s) that will perform work pursuant to this Contract are in violation of any of the certifications set forth above. By signing this Contract, Contractor certifies that it and its principals* and employees shall immediately give written notice to Anoka County should Contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining, or performing: a public (federal, state or local) transaction or contract; violating any federal or state antitrust statutes; or committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property. *APrincipals= for purposes of the certifications means: officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g. general manager; plant manager; head of a subsidiary, division, or business segment and similar positions. Rev. 3/13/07 -4- Attachment B Scope of Work: Each worksite will have a designated staff participate in the Employee Wellness Resource Group, connect with the Worksite Sector Health Educator, participate in trainings /workshops, will have formed a wellness committee, and will have assisted with an environmental and cultural assessment. In Year 2, after the assessment, the worksite will develop an action plan to incorporate a comprehensive employee wellness initiative and communicate information to their employees. Components of an Employee Wellness Initiative may include completing Health Risk Assessments, environmental changes, Point of Decision Prompts (PODPs), behavior change programs /educational programs. What Key Action Step and,related Who will do the Key Action Step and HOW will the completion, of the;Key Action Step be activities rv'11, be do'ne? . related activities? measured? Develop action plan Worksite partners; Anoka County Action plan completed CHES staff (Health Educator, Health Education Coordinator, and SHIP Coordinator) Establish an employee wellness Worksite partners, Anoka County CHES staff (Health Educator and Employee wellness committee established committee Health Education Coordinator) Engage worksite employee wellness Worksite partners Updated action plan completed committees in reviewing and finalizing the individual worksites' action plan Assessment of their current worksite Worksite partners; Anoka County Assessment results cultures and environments CHES staff (Health Educator and Health Education Coordinator) *hlcorporating their employee wellness Worksite partners; Anoka County Employee benefits package initiative into their employee benefits CHES staff (Health Educator and summary package Health Education Coordinator) *Developing an employee Worksite partners; Anoka County Communication plan in communication plan with an emphasis CHES staff (Health Educator and place . on reaching high -risk populations Health Education Coordinator) *Developing a management Worksite partners; Anoka County Communication plan in communication plan CHES staff (Health Educator and place Health Education Coordinator) *Selecting and implementing a health Worksite partners; Anoka County HRA results risk assessment (HRA) for employees CHES staff (Health Educator and Health Education Coordinator) *This action step is recommended, not required. 14 TT Y 0 F ) O j V E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Approve Quotes /08 -8 /Sunshine Park Skateboard Facility /Concrete - Engineering DATE: December 7, 2010 INTRODUCTION The City Council is requested to approve concrete quotes for the Sunshine Park Skateboard Facility Project 08 -8. DISCUSSION As part of the Sunshine Park Skateboard Facility a 75' X 75' concrete slab is to be constructed in which the equipment will be placed. The quotes were submitted as a lump sum and are as follows: Landmark Concrete, Inc. $17,558.32 Howards Contracting, Inc. $18,089.50 North Country Concrete, Inc. $22,500.00 Staff will bring back the proposal for new and rehabilitated equipment and discuss project budget at a future City Council meeting. BUDGETIMPACT The project is to be funded by Park Improvement Funds. ACTION REQUIRED The City Council is requested to approve quotes and award the quote to Landmark Concrete, Inc. in the amount of $17,558.32 for Project 08 -8, Sunshine Park Skateboard Facility. Respectfully submitted, David D. Berkowitz NDOVE: 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 City Council Jim Dickinson, City Administrator Michelle Hartner, Deputy City Cler Approve 2011 Used Vehicle Sales Business License December 7, 2010 INTRODUCTION Used Vehicle Sales Business licenses expire on December 31, 2010. DISCUSSION (9) Sud Superior Auto Sales Inc. has applied for renewal of their Used Vehicle Sales License and paid the appropriate fee. ACTION REQUIRED The City Council is requested to approve the Used Vehicle Sales License through December 31, 2011. ( AnRespectfully submitted, "► ` Ll r �� Michelle Hartner Deputy City Clerk Attach: License application State License 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US RENEWAL APPLICATION Used Vehicle Sales Business License Application Required Documents: • Completed Application Form • Vehicle Sales License Fee: $105.00 • Copy of State Dealers License • Workers Compensation Form Person Applying For License: First Name acv r lli Middle Name Last Name Home Address _ _ _ �� ,,,,..- _ - tfi /Y?n Home Pho!__ _ .,Business Phone Z �Z' Fax I (We) agree to operate such business in accordance with the laws of Minnesota and the ordinances of the City of Andover. Information in this application is classified as public data and will be provided to the public upon request. Licenses expire on December 31St of each year. Lack of payment of annual licensing fee shall be cause for revocation of license. Signature Date License Renewal Fee $105.00 Receipt # a y I D— D040' City Council Action f ,. C I T Y O F ,ND OVE 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 Direc FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Authorize Categories for Fixed Asset Thresholds DATE: December 7, 2010 14 INTRODUCTION Over the past month, Finance has been preparing for the 2010 year -end audit with the City's auditing firm, HLB Tautges Redpath, and preparing for new financial reporting requirements set by the Government Accounting Standards Board (GASB). The new requirement is GASB 51 — Accounting and Reporting for Intangible Assets. An intangible asset is an asset that possesses all of the following characteristics: 1. Lack of physical substance 2. Nonfinancial nature 3. Initial useful life extending beyond a single reporting period Intangible assets pertaining to the City are software costs, easements, and right -of -ways. Finance and the City's auditor are recommending adding categories to the City's fixed asset threshold. The current threshold for tangible assets is $5,000. It is recommended that a separate threshold be set for intangible assets of $10,000. BUDGET IMPACT No budget impact. ACTION REQUESTED The Andover City Council is requested to authorize the addition of intangible assets with a threshold of $10,000. Respectfully submitted, ��� Lee Brezinka C I T Y O F ND OVE Rolp .9k 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Public Hearing - 2011 Proposed Levy and Budget DATE December 7, 2010 INTRODUCTION The Council has had a number of reviews of the City of Andover 2011 Proposed Budget and continued detailed review of the General Fund budget that is primarily supported by the proposed 2011 Tax Levy. This year the Andover City Council is holding a 2011 Proposed City Budget/Tax Levy public hearing as compared to the previous year's hearings titled "Truth -in- Taxation" that had to be conducted in a State Statute prescribed format. This public hearing is intended to give the public the opportunity to comment on the proposed 2011 budget and tax levy. The Council did adopt at the September 7th regular Council meeting a Preliminary 2011 Budget with a total property tax levy of $10,856,299: $7,500,802 (69.09 %) operational levy, $1,929,112 (17.77 %) debt service levy, and $1,426,385 (13.14 %) capital /watershed levy. The Council has the right to reduce or keep constant this levy until the final certification date of December 28, 2010. The proposed preliminary levy would result in a zero percent (0 %) increase in the gross tax levy; this zero increase is what is reflected on residents and business owners proposed tax statements. DISCUSSION The attachments to this staff report listed below are handouts that will be presented prior to the Public Hearing to provide background information on 2011 Proposed City Budget/Tax Levy progress to date. The attached materials reflect a gross levy increase of zero percent (0 %). Attachments: Pg. 3 Pay 2011 Valuation Estimates Pg. 4 Property Tax Levy — Historical Comparisons Pg. 5 Proposed 2011 City Tax Rate Comparisons Pg. 6 Proposed 2011 Proposed Tax Rate Breakdown Pg. 7 - 8 2011 Proposed Budget Summary by Fund Type Pg. 9 2011 Proposed Budget Summary by Revenue and Expenditure Type Pg. 10 - 16 2011 Proposed Budgets - Fund Summaries Pg. 17 2011 General Fund Revenue & Expense Summary Pg. 18 2011 General Fund — Revenue Comparison 1 Pg. 19 2011 General Fund — Expenditure Comparison Pg. 20 - 21 2011 General Fund —Expenditure Function Graphs Pg. 22 2011 General Fund — Expenditure Budget Summary by Department Pg. 23- 25 Resolution to Approve 2011 Budget and Tax Levy A more detailed presentation will be provided to the Council before the public hearing similar to what has been presented at past budget workshops. ACTION REQUESTED The Council is requested to review the staff report, receive a presentation, open the public hearing and discuss the 2011 Proposed City Budget and Tax Levy. fitted, 0 d w w r j U OW O 0 Z o a R LL � 0 :� r U N N CL N M d C4 a r to O W N ? 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M M a (ri M O a 60 co 7 CS W d N Q d Z w V •L d C J nT M W O N (o M O W O M d' 0 M r (o tl- r r r r M M M (• v Iv w U N •Z d ) n c 0 > � O d 3 C C U 0 y � F (")o M O M N tO N (O V O O O �7 0 a t` O co m m N n O M M N (O O w O CD L <t O CO W 0) M co N (n ui o r C r r v (o C v (ON 0) W N N��OM 0) O "T r O M O mN(O co O O O r co O O a- d' O V' I I I I I I I III I co fp L m U L N C) C r a) f6 03 '0 pI a M 03 Z. O u W a y C) O o � § 3 M i aL 'nom 0 w d fn O U Cl N O N O � w L y Y L O r pyi N d M C d 7 'a is C Q x W Y f°- r M d a N (D w d N a d Z V r V �L pyi C N m L 0 Q d w u! O L O 0 C C7 N N d V C N t C R Y o o O phi > L a F (.g O I- m F F I co fp L m U L N C) C r a) f6 03 '0 pI a M 03 Z. O u W a y C) O o � § 3 M i aL 'nom 0 w d fn O U Cl N O N O � w L y Y L O r pyi N d M C d 7 'a is C Q x W Y f°- r M d a N (D w d N a d Z V r V �L pyi C N d.+ d N N a d ii V 4) N V V C � W LL d L v N � d LL aOr i O d c U U L � d � � c � m — N CL +� K d W co N W C r d N � O •F+ C d d cn Co N O N N 00 I, O O U-) N N co 01 O O O CO Lo O CO O IT r r V` r 00 Lo ' M ' M LO O co co 00 O ' O w M V' r CO CO 40r; t` t` Ln Cn O O 0> N r r r M CO O V' O t0 Co ti co O O O M M M N 01 0 M w r r- Ir: r y Q y U C !�' O 6.),I 1 I I I 1 I I to Lo I,- O h N N N LO O O to t0 to M C4 O Co V• co )` M O )` co co Of M r to ' O ' co O O O M LO O m M V- 1 Ln CO 00 N 00 I; O Lo N th co O O O co CO O V' O t0 t0 N N O O Cl N co N N 01 O M w 1 r r r y Q y U C !�' O 4-�I 1 I I I 1 1 1 Lo CA O 07 (D d' O O O Lo q O O M C4 O Co to O co (0 O V' le t0 t0 M r to ' O ' co O Ln 00 M co O ' O m M Ln 1 t0 t0 e L/) I- Ln ti CO O M co O O O m � � V• CO 14 V d N O O O N M co N 0) 67 M w 1 r r r y Q y U C !�' O 401 1 I I I 1 I I LO N V' M O M V r-- O Ln r'- M O Lo N N N co 1� n O N N '� t0 t0 M N h00m I 3 Il- 00co Oco ' M M 07 � N I;i 01 0> 00 L() V' 00 Ln Lp In M M M M O O> M N V' co IT LO LO 00 r W m 0) d co N N t0 co N w L U) y TZ y Q y U C !�' O 6.9,1 1 I I I 1 I I r r M L d R y 3 E V C La V � 7 y R y O N N 0) L Q r L d C3 N w L U) y R y Q y U C !�' O Q y C R 0) N N '0 Z V 3 .. Z 'a y Z 0) ayi m Cn 0 tL +-' 'ZZ C r 7 0) Z x U) m -0 W m O m )p 0) w O L O N N y r y CO aL+ d 7 � N Q U L 0 0 R L C 41 V y p 0> 7 0 i~ a a 0 d 1- IO a) N E 2 > R' Q > CD N N L) O 0 r m aR+ FO- I—O ito r M L d E CD y V O N y R y y 0) L Q r CD @ C3 N w y L U) d R y Q y U C !�' d C R 0) N N '0 Z 3 .. Z 'a y Z 0) ayi m Cn 0 tL +-' 'ZZ C r 7 0) Z x U) m -0 W m O m )p 0) w O L O N O K W aL+ Q N Q U L 0 C R L w i~ a a 0 0 1- IO CITY OF ANDOVER General Fund Revenue 8 Expense Summary Actual Actual Actual Actual Budget' Estimate Requested Budget Change (') 2006 2007 2008 2009 2010 2010 2011 $ % REVENUES 2,166,779 2,319,769 2,319,305 2,161,367 2,396,807 2,374,498 2,424,960 28,153 1.17% Property Taxes $ 5,324,649 $ 5,776,652 $ 6,249,011 $ 6,588,601 $ 7,308,495 $ 7,308,495 $ 7,217,219 (91,276) -1.25% License and Permits 598,095 475,892 525,340 291,904 237,055 235,130 250,080 _ 13,025 5.49% Intergovernmental Revenues 602,257 853,306 709,252 595,001 567,498 553,498 558,215 (9,283) -1.64% Charges for Current Services 777,851 1,121,644 775,144 701,289 543,500 578,857 580,200 36,700 6.75% Fines and Forfeits 91,490 101,445 104,930 110,779 100,750 105,825 105,750 5,000 4.96% Interest Income 125,539 157,513 137,966 76,772 65,000 65,000 65,000 - 0.00% Miscellaneous Revenue 88,455 90,293 114,234 130,522 83,400 93,354 84,900 1,500 1.80% Transfers 180,000 185,625 191,194 196,930 196,930 196,930 196,930 0.00% I• -: -TOTAL REVENUES_° .11788336 W 762,370 ':'�' .:8,807,071'.'_ 8,691,798 _ _- 9;102628 �3Y 9,137,089 .�_ -- :9,058,294 -_. 9- (44334) 'rt .:-0.49 %1 EXPENDITURES General Government 2,166,779 2,319,769 2,319,305 2,161,367 2,396,807 2,374,498 2,424,960 28,153 1.17% Public Safety 3,242,555 3,538,217 3,785,804 4,005,405 4,028,900 4,025,157 4,082,713 53,813 1.34% Public Works 2,184,650 2,399,926 2,399,391 2,352,111 2,446,921 2,434,116 2,573,582 126,661 5.18% Other 8,454 6,915 17,999 19,540 230,000 170,079 45,000 (185,000) - 80.43% 'yTOTAL EX . 267 'x7602438 �8, 2 4 8,58 3,v 423 -910228. a 9,003,65PENDITURES:."= 2551 - - 2327 6 [�jUNDE FIRM R) B_ UD GET ms, .,. - - - - 332 39.R _ $ 617y�. 6791 y 12/1/2010 v e v o 0 0 o e O N (O t0 r N m I Cd O C O O O m p.. •y` W -W "-yam > � z , �- •£ "� -z �' '+. ,� � w W O N llJ N O N N h O m O N R °o O W m r O O (NO N N h h 0 O N n fViO Ni 1 n O m N I1 v h W Q y O H FA Q C O N (O t0 r N e e e o 0 0 o e m I Cd O C � `��.3n p.. •y` W -W "-yam > � z , �- •£ "� -z �' '+. ,� � w W N m O N O O M N R O O K 1� O O M t0 R °o r 9 O y o N N N O (O W m O O N n fViO Ni 1 n O n 1 I1 v O (^O M W Q y O H FA Q C e e e o 0 0 o e 9 m I Cd O C � `��.3n p.. •y` W -W "-yam > � z , �- •£ "� -z �' '+. ,� � w W N m O N O O M N R O O K 1� O O M t0 R °o r 9 O y o N N N O (O W m O O N n fViO Ni 1 n O n 1 I1 v O (^O M W Q y O H FA Q C 9 I Cd O C � `��.3n p.. •y` W -W "-yam > � z , �- •£ "� -z �' '+. ,� � w E E R °o r O) N N O WCO d� > � O N n fViO Ni 1 n O n 1 I1 v O (^O M W Q y O h N h 0 . yi2 Q C Q N (O (0 V O� � C Q N u e � F33 O} a x 1'- O LL E e o 0 0 0 0 0 0 m O N Lo LLO C 'O C �O pm C ry � N� N p O t0 N ONi OOi N C O y CSi `ry C LL 00 L 'O U C C Q O m m o v u� N m N o uNi co m m�� in N ro m 80 c c 9 G Q N 0 t0 C Q N o � w c R w > w > a c rc u a " �° e E n a x o E o u t u O O N O m N N C OI � • O O N O C I Cd O � `��.3n p.. •y` W -W "-yam > � z , �- •£ "� -z �' '+. ,� � w E E 0 °o as m1D > � `fin . yi2 L O° C `` ^y4 V O� � C J 9 � F33 C x LL E • O N Lo LLO 'O C C ry � N� N y CSi `ry C LL 00 L 'O U C C Q O m d m ON �� 80 9 G o O C Q N c 8 > c O R E K C N U U °o N m O ~ � C N o e � 7 d `yO LL. f- oo E :n • C 6 O � N m U m m E K > m E T d O O LL N N 0 q 0 O a` O C I Cd O � `��.3n p.. •y` W -W "-yam z , �- •£ "� -z �' '+. ,� � w 0 . yi2 `` ^y4 � F33 r� O O 1 N k� 'O C LL 00 L C d m 80 9 G o O C Q N N 8 O R E U U °o ; m � � C o e � 7 d `yO LL. oo E :n • O � N m U m m E K > m E T d O O LL N N 0 q 0 1 m L u u V J I � `��.3n p.. •y` W -W "-yam z , �- •£ "� -z �' '+. ,� � w `` ^y4 � F33 r� 1 k� w m W m 0 ~ 0 W z Z C W x O d Y Q N U U L a d L a m a' o n 0 0 0 0 yh H O O r m W O N V N K, � x00 m O m r m o N N a a D 9- zRfui?t SzP.Gtr� C k�1 IL 0 0 0 0 axx�w x0 m r N N V N C i m C O W o m E o M o m 00 � C � Cam; � to No o � w w C a o a o O D Q LL o d O W cn 13i O 00 m LL U 9 O C0 y4 9 O W V N a 0 m N N< N 0 D d w W a d c w LU' 0 o a o L �= m r m o p N � N Y L d O C C w C a 0o N m C6 a O N Q Q N fml lV O xV W O w o ` ` m m LL D C V 6 E It G m W O X W C ■ 0 0 0 0 0 ci N V N U o ^ C m r o V O m CJ r W N m C Q N N W N W c 5 o v o O � w 3 O U U v a a c � � U' W W 9 0 0 0 0 r N N N r N W 0 N 0 m yW O O Iq � W 10 Cl x0 N 0 Q N N th N m w m W m 0 ~ 0 W z Z C W x O d Y Q N U U L a d L a m a' o n yh H O O K, O �o UN a a D 9- zRfui?t SzP.Gtr� C k�1 IL axx�w s C i n o m � C � Cam; � to No o � C O D Q LL o d O N m LL U a 0 w D d C d d 6 w LU' y o O p N � N Y O C w C a 0o n yh H O O K, 9- zRfui?t SzP.Gtr� k�1 axx�w s i n o m J �3 � Cam; U o � D o C � N LL h a w d d LU' o p m O C w C a 0o � UV w o ` 0 D C V 6 It G m W X W ■ o ^ 'm O O c 5 o v o O � w 3 O U U v a a c � � U' n K, 9- zRfui?t SzP.Gtr� k�1 axx�w s i J �3 � Cam; expenditures by function CITY OF ANDOVER 2011 General Fund Expenditures by Function Other General Government 0.5% 26.6% Public Works 28.2% i �- Public Safety 44.7% general government expenditures Engineer 17.0% CITY OF ANDOVER General Fund - General Government Expenditures Council Administration Newsletter . A01 _ __. 1 10/ 14.7% Zz> mtormaaon oystems 6.2% ions D N CITY OF ANDOVER General Fund - Public Safety Expenditures Protective Inspection Civil Defense Animal Control 8.9% 1 0.4% 0.2% Fire Protection 26.4% Police Protection 64.1% public works expenditures CITY OF ANDOVER General Fund - Public Works Expenditures Recycling Streets & Highways 4.8% 22.5% y Parks & Recreation 35.3% Snow & Ice 19.0% Street Lights - Billed Street Signs 8.0% Street Lighting Traffic Signals 7.6% 1.4% 1.4% 2i !J k O U N O N fi k O G C C k k C C Vi C C C C G C C C C N O P4 O N O O O O O P1 U O O v W fn co O N Y P7 P7 0.1 fA W eD m C m m m ;3 h N K ti ti h rn ti w rn v> z n n V\ h? h M^ oa N '+ O O -+ Q\ N^ b N O N O :M Ol O O O N V M M o0 O O O b W M �+ W N ^ r r M !` 00 d' 69 � ^b {R �O h O^ O M O l� O M M T O• .K h Vl O N O M h b O l� Vl O M V h V P M O O O'J W b h �f!1 :rI O� N O O O N M V1 O O O m It N ,W O q T Vl N M M r% O\ h W N V f% ,Q V O l' V� r O t1 r O V O W N LH c O M< n: h V a 7 W l� V, M O O a N N b 'V R O b Q O h O c .iM O � O M N b b h +O � O t` h l� b b ''R T V b h D\ . h i0 r l� V V V O •,7. 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A I x U ID 14 T U (6 Q d F a H W o � a 0 r, Q o zN wo 0 O � a �I U 15/ O N 0o M W 00 ON r o 'C O oo V M GO N b-t� b M V1 N N O OD o� ti N o a Y Y Y a > U U 15/ b-t� o� Y Y Y > U U o •� 11 w U a w w O w rn w O -to W a>i a a X23 U 0 0 0 0 0 ,� d y o p O o 0 0 0 --� 0 O F a'-i s Y cd S U O 3 y C y N N N NNN � O U 15/ C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVE R.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develop n Director Wj FROM: Courtney Bednarz, City Planne{, SUBJECT: Public Hearing/ Consider Amendment to Conditional Use Permit (07 -05) to Increase Production Limits for Farm Winery /3482 - 165th Lane NW- Planning DATE: December 7, 2010 INTRODUCTION The owner of White Rabbit Vineyards and Winery requests the Council consider removing the limitation on the amount of wine that can be produced and the annual reporting requirement from the approved conditional use permit. DISCUSSION Applicable Regulations City Code 12 -9 -12 was established to allow farm wineries. This ordinance requires a production limit to be established as part of the conditional use permit process. As a result, a limit of some kind is needed or the City Code needs to be changed to eliminate this requirement. Resolution 045 -07 set a production limit of 1,000 gallons of wine per year and also requires annual documentation to be submitted to the city. The Council discussed this item at the November 16'h meeting. The draft minutes from the meeting are located in the front of the packet. At that time, the Council appeared in favor of increasing the production limits to 10,000 gallons as opposed to removing the limit on production altogether. A draft resolution reflecting this change is attached should the Council determine that this is the appropriate action. Additionally, it was identified that Resolution 045 -07 did not accurately reflect the motion approving the conditional use permit. A corrected resolution is attached. Neighborhood Input Staff received a call from a neighbor who indicated opposition to the request. He cited the occasional exterior storage of barrels related to the farm winery as well as concerns about the size and frequency of vehicles and wear and tear on the street that could be caused by an expansion of production. ACTION REQUESTED The Council is asked to hold a public hearing and to determine whether changes to the approved conditional use permit or City Code should be made. Attachments Draft Resolution Location Map Corrected Conditional Use Permit Resolution Council Minutes — Conditional Use Permit Approval City Code 12 -9 -12 Farm Wineries Council Minutes — Farm Winery Ordinance State Statute 340A.315 Respe,ptfully submitted, Courtney Bednarz Cc: Mark Hedin, 3482 165t` Lane NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -10 A RESOLUTION AMENDING THE CONDITIONAL USE PERMIT FOR A FARM WINERY AT 3482 165`x' LANE NW, LEGALLY DESCRIBED AS: Lot 3, Block 4, Timber Meadows Second Addition, Anoka County, Minnesota WHEREAS, Mark D. Hedin has requested amendment of the conditional use permit for a farm winery on the subject property, to eliminate the production limits and; WHEREAS, the City Council has reviewed the request and has determined that said request shall have limits, but they will be raised to 10,000 gallons per year, and all other conditions shall remain the same; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees to amend the Conditional Use Permit for a farm winery, subject to the following conditions: 1) The farm winery shall have an annual wine production limit of 10,000 gallons and submit copies of the Federal and State Reports to the City Clerk regarding annual production.. 2) The farm winery shall comply with all regulations listed in City Code 12 -9 in its entirety. 3) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14- 6. 4) This Conditional Use Permit shall be subject to annual review. Adopted by the City Council of the City of Andover on this _ day of November, 2010. CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor F Location Map NDOVE W& Incorporated 3482 165th Lane NW 1974 _... N W E Subject Property s q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-07 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A FARM WINERY AT 3482 165 "' LANE NW, LEGALLY DESCRIBED AS: Lot 3, Block 4, Timber Meadows Second Addition, Anoka County, Minnesota WHEREAS, Mark D. Hedin has requested approval of a conditional use permit for a farm winery on the subject property, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12 -14 -6 Conditional Uses and 12 -9 -12 Farm Wineries, and; WHEREAS, the Planning. Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the Conditional Use Permit for a farm winery, subject to the following conditions: 1} The farm winery shall have an annual wine production limit of 1,000 gallons and submit copies of the Federal and State Reports to the City Clerk regarding annual production. 2) The farm winery shall comply with all regulations listed in City Code 12 -9 in its entirety. 3) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. 4) This Conditional Use Permit shall be subject to annual review. Adopted by the City Council of the City of Andover on this 3`d day of April, 2007. CITY OF ANDOVER ATTEST: ichael R. bamache, Mayor Victoria Volk, City Clerk R Council Minutes — Conditional Use Permit Approval (1 of 3) Regular Andover City Council Meeting Minutes —April 3, 2007 Page 6 WARD BID 107 -8 1ANDOVER STATIONNORTHBALL FIELD LIGHTING Mot by Jacobson, Seconded by Knight, to approve the resolution accepting bids and awarding the contract t BlectriC. Inc. in the amount of $256,817.00 (Base and alternate bid) for Project 07- 8, Andover S ' n:North Ball Field Lighting. (Res. R044 -07) Mr. Berkowitz indicate ey have reviewed this with the Baseball Association and they understand the need for the lighting of elds and are in support of lighting both fields with the understanding that they are still looking for so additional assistance in completing the concession stand at that complex. Motion by Trade to put the additional funds excess between the engineer's estimate or the amount they allocate of this project to be put towards Nst he building project. Councilmember Jacobson stated he would pero see this come separately so they know what is in the building and what it would take to finish it an ow much they really have left and act on it as a separate matter. Councilmember Trade stated if they othing, her understanding is they have budgeted that amount allocated to that project. Councilmemb rttel understood they will be short so he did not have a problem with this. Mr. Dickinson stated the come back with a plan as to how to cover the excess costs that they may have some problems and. they could put together a program to do so. Councilmember Knight thought it would be cleaner the way Mr. Dickinson is suggesNg doing it. . Councilmember Trade knew the Park Commission was looking at the playground equipmen?Qr this and she wondered if there will be playground equipment there. Mr. Berkowitz stated they wN be installing playground equipment but the location is still up in the air. Motion carried unanimously. CONSIDER CONDITIONAL U.SEPERMITIFARM WINERY13482165rH LANE NW Community Development Director Neumeister explained Mark Hedin has applied for a Conditional Use Permit (CUP) to run a farm winery on his property. Councilmember Trade stated she talked to staff earlier about the wording of the resolution and she thought it was important to make sure that all of the conditional use language is incorporated and they can take care of it with a simple amendment. Condition two says "All regulations listed in Code 12 -9 -12" and she thought when they move the resolution, they cross out "12" so it would be all regulations listed in City Code 12 -9, which means the annual review applies. If issues come up in the neighborhood, there is a procedure for revocation, there is all ofthe stuffthat everybody in any home occupation is subject to and because they crafted this CUP as a stand alone provision they do not M Council Minutes — Conditional Use Permit Approval (2 of 3) Regular Andover City Council Meeting Minutes —April 3, 2007 Page 7 want to have anything not apply. She also suggested they have the annual review with a submittal of a report indicating how many gallons are used. Mayor Gamache understood Mr. Hedin needs to submit Federal and State reports and they could request copies of those. Councilmember Knight asked if the CUP includes additional buildings or structures or equipment. Councilmember Orttel indicated it cannot. Councilmember Trade thought it included the building and accessory structure. City Attorney Baumgartner stated anything that is requested in addition to the original request would have to come before the Council for approval. Mr. Mark Hedin was. at the meeting to answer questions. Motion by Orttel, Seconded by Jacobson, to approve the Conditional Use Permit for the Farm Winery changing item 2 to include City Code 12 -9 in its entirety and also amending item 1 to have the applicant submit copies of the Federal and State Reports to the City Clerk and to add item 4 "subject to annual review ". Councilmember Trade stated she would also like to add to item one that the annual production report be submitted to the City Clerk. Councilmember Orttel indicated he would revise his motion to include this. Councilmember Jacobson accepted the revision also. Councilmember Trude stated one other issue that may be covered is recently they have been looking at other cities and how they regulate home occupations and she noticed in Coon Rapids they limit the parking to on -site so that it does not impact the neighborhood and she wondered if the Council would be interested in limiting the parking to what is available on -site and two vehicles on the street because it is a big lot. She thought the issues would come up if the neighborhood is filled with cars someday. Councilmember Orttel thought that was why they have an annual review. Councilmember Knight stated they could make the revisions at that time. Councilmember Trade asked City Attorney Baumgartner if the annual review would let them regulate parking if there was an issue or should they add that the permit is subject to annual review should issues arise. City Attorney Baumgartner stated they could always cover themselves by adding that in and saying that the Conditional Use Permit will be granted subject to the annual review. Mr. Dickinson stated the annual review is already covered in Code 12 -9. Councilmember Trade wondered where it is stated that the annual review would allow them to change the conditions. Councilmember Jacobson stated it is under the Conditional Use Permit Code 12 -9. City Attorney Baumgartner stated looking at 12 -14-6, under Conditional Uses, A5 talks about conditions may be applied to a permit and a periodic review of the permit may be required. He thought that was pretty much a catch -all that would cover and encompass what they are talking about. I- Council Minutes — Conditional Use Permit Approval (3 of 3) Regular Andover City Council Meeting Minutes —April 3, 2007 Page 8 Councilmember Trude asked if they could add a number 4 "the permit is subject to an annual review". Mr. Dickinson stated 12 -9 -7 does allow for inspections and the way he interprets it is if the business is not in compliance, they would bring it back to the Council at that point in time. Councilmember Orttel thought to avoid the consideration of whether it, should or not, they should just put it in. Motion carried unanimously. (Res. 045 -07) CONSIDER PRELIMINARYPLATISMITHADDITION /17919 TULIPSTRE ; --� Co unity Development Director Neumeister explained the Council is asked to review a prel' plat that will create one additional lot and adjust the property line of adjacent property at 17987 Tuh treet NW. The lot line adjustment enlarges the lot addressed as 1798.7 Tulip Street. This plat inclu all the land of both 17919 Tulip Street and the lot it surrounds (17987 Tulip St.). The third lot in th lat will have, its access to a public road via Quay Street. Mr. Neumeister and Mr.krkowitz discussed the staff report with the Council. Councilmember Trude asked i of the trees are in the easement. Mr. Berkowitz indicated they are located on the edge according t the aerial. Councilmember Trude wondered how in y houses will go into the development. Mr. Berkowitz stated right now they are looking at develo ' g three lots. Councilmember Jacobson stated when they look the very large parcel and ghosting the internal road system, if that were to be redeveloped, where th oad would go once it exists to the east. Mr. Berkowitz showed an aerial photo and explained where road could go. Councilmember Jacobson asked on Quay Street, that portion hich is not constructed, there is an easement over it. In the past they were told by Mr. Hawkins that ey could not require a_ developer to do anything outside of the property that they are developing. H ondered how they would be able to issue a building permit back there unless the builder would co ct that section of street. He wondered what the legal implications would be of doing this with o knowing what would happen there. City Attorney Baumgartner stated looking at this parcel as ' stands now, it is a landlocked piece and there would not be any ingress or egress to that parcel so h ought the builder would be stuck in that point in and of itself. He did speak with Mr. Hawkins reg `ng this as they are both in agreement that if that parcel is further subdivided and platted they could r uire that it be connected onto Quay Street and that could be a condition as far as issuing a permit. Councihmember Jacobson stated they will be creating three lots and he wondered what would appen if someone buys the large lot and wants to build a single house on it and not subdivide it at this' me, could they gain access onto 178' on this easement or would they have to do something on Quay N City Code 12 -9 -12 Farm Wineries 12 -9 -12: FARM WINERIES: The following provisions shall apply to all farm wineries that are considered home occupations under the Conditional Use Permit process: A. Farm wineries which shall be allowed on 2 % acre or larger parcels in the R -1, R- 2 and R -3 Zoning Districts. B. Farm Wineries shall follow the standard building setbacks for the applicable Zoning District. C. Whether conducted in a principal or accessory structure, a farm winery shall not be operated as a retail store (i.e. no retail displays will be allowed). D. Farm wineries shall be allowed only six on -site customer sales per day. All other sales will need to be made by the internet/telephone and mailed or shipped to the buyer. E. Farm wineries shall be subject to production limits on the amount of wine produced on -site each year, as specified in the Conditional Use Permit. F. Other Requirements including but not limited to: All provisions of Section 12 -9 -2 and 12 -9 -7 of this chapter. G. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amd. 2120/07, Ord. 339) M Vi Council Minutes — Farm Winery Ordinance (1 of 2) Regular Andover. City Council Meeting Minutes —February 20, 2007 Page 6 CONSIDER ACCESS AGREEMENTIFOREST MEADOWS PARK/ROCKET TURF 3 Crt7gugineer Berkowitz stated this item is in regard to a request from Rocket Turf to have an access 4 agreement t a ortion of Forest Meadows Park. 5 6 Motion by Trade, Seconded by O authorize staff to negotiate an access agreement with 7 Rocket Turf including indemnification to be re ' d in two years. 8 9 Councilmember Knight wanted to make sure they did not damage the p 10 11 Mayor Gamache wondered if they use the back part of the park or do they mainly use the area where 12 the soccer fields are. Mr. Dickinson indicated they mainly use the part where the soccer fields are. 13 Motion carried unanimously. 15 16 CONSIDER CODE AMENDMENTIESTABLISHING FARM WINERIES AS A HOME 17 OCCUPATION 18 19 Community Development Director Neumeister explained at a recent City Council workshop, staff 20 was directed to make modifications to the City Code to allow farm wineries in the R -1 zoning district 21 on 2.5 acre lots or larger with a Conditional Use Permit. 22 23 Councilmember Jacobson wondered what the rationale is for including R2 and R3 Zones. Mr. 24 Neumeister stated the large lots that are 2.5 acres are also in the R2 and R3 Zones so if they only 25 limited it to the RI they would be missing out on a large part of the City that is in the rural area that 26 could be eligible because they have large enough lots. 27 28 Councilmember Trade indicated she likes the limitation on retail because she thinks that is a big 29 concern in the neighborhood. 30 31 Mr. Neumeister reviewed Mr. Hedin's situation and his previous request. 32 33 Motion by Orttel, Seconded by Gamache, to approve the attached ordinance and summary ordinance 34 for Farm Wineries with the exception that they set the actual allowable output at the time of the 35 conditional use, insert into Item I use the same language the City has in Code 12 -9 -7 plus adding to 36 Item F the wording "including but not limited to all provision of Section 12 -9 -2 of this chapter "; and 37 change Item D to read "six onsite customer sales per day and removing the language of shipping via 38 parcel post ". 39 40 Councilmember Knight wondered if this is the minimum lot size this could be. The Council agreed. 41 Councilmember Knight wondered if they should set the gallonage for the minimum size because a 42 gallonage causes additional needs such as buildings, vats, tank, depending on what it is in terms of 43 gallonage. 44 to Council Minutes — Farm Winery Ordinance (2 of 2) Regular Andover City Council Meeting Minutes — February 20, 2007 Page 7 elo 1 The Council discussed if they should set limits on the number of gallons allowed. JL 1 2 3 Councilmember Trade indicated she was originally not going to support this but with the limits and 4 the petition from Mr. Hedin's neighborhood and the ability to limit the time of the permit gives them 5 a lot of control. Mr. Dickinson stated the actual application for any winery cannot take effect until 6 this is approved. 7 8 Councilmember Jacobson indicated there is a loop hole. Under item D, it does not say how large the 9 sales can be per day, only how many sales in one day. Councilmember Trade thought six 10 transactions should be six vehicles. Councilmember Jacobson stated it could also be six trucks. 11 12 Mayor Gamache thought most of Mr. Hedin's deliveries would be by UPS and he was not looking 13 for large fiuit deliveries. 14 15 Councihnember Trade asked the City Attorney to look at the condition. The City Attorney agreed 16 that it is not as clear as it should be and the Council may want to be more specific on that. The other 17 thing he noted that was not included was an inspection, which other businesses have. He thought 18 they may want to add this to the amendment. Councilmember Trade agreed and asked if this could 19 be included. 20 21 Councilmember Orttel agreed and indicated he would agree to add that to the motion. Mayor 22 Gamache also agreed. 23 24 Councilmember Trade thought Item D should be six vehicles. Mr. Dickinson suggested in Item F to 25 add where it says other requirements "including but not limited to all provision of Section 12 -9 -2 of 26 this chapter ". 27 28 The Council discussed shipping, inspections and other items that may not be covered under State and 29 Federal regulations. 30 31 Motion carried 4 ayes, 1 nay (Jacobson). (Ord. 339) 32 34 N.SIDER CODE AMENDMENT/ES ABLISIiWG NEW BUILDABIL17T 35 IlE AEMENTS 36 37 Community Deve ent Director Neumeister stated changes to the buildability and wetland/storm 38 water pond buffer require in the City Code have been discussed on a number of occasions by 39 the Planning Commission and City as have changes that would require decks to be shown 40 on surveys if they are not to be built at the time tha se is built for new construction. Changes 41 were made based on input from these discussions, and the propos es are now being brought 42 forward for final consideration by the Council. 43 44 Motion by Orttel, Seconded by Knight, to approve the proposed code amendments. Motion carried State Statute 340A.315 MINNESOTA STATUTES 2010 340A.315 340A.315 FARM WINERY LICENSE. Subdivision 1. Licenses. The commissioner may issue a farm winery license to the owner or operator of a farm winery located within the state and producing table, sparkling, or fortified wines. Licenses may be issued and renewed for an annual fee of $50, which is in lieu of all other license fees required by this chapter. Subd. 2. Sales. A license authorizes the sale, on the farm winery premises, of table, sparkling, or fortified wines produced by that farm winery at on -sale or off -sale, in retail, or wholesale lots in total quantities not in excess of 50,000 gallons in a calendar year, glassware, wine literature and accessories, cheese and cheese spreads, other wine - related food items, and the dispensing of free samples of the wines offered for sale. Sales at on -sale and off -sale may be made on Sundays between 10:00 a.m. and 12:00 midnight. Labels for each type or brand produced must be registered with the commissioner, without fee prior to sale. A farm winery may provide samples of distilled spirits manufactured pursuant to subdivision 7, on the farm winery premises, but may sell the distilled spirits only through a licensed wholesaler. Samples of distilled spirits may not exceed 15 milliliters per variety. Subd. 3. Applicability. Except as otherwise specified in this section, all provisions of this chapter govern the production, sale, possession, and consumption of table, sparkling, or fortified wines produced by a farm winery. Subd. 4. Minnesota products. If Minnesota - produced or -grown grapes, grape juice, other fruit bases, or honey is not available in quantities sufficient to constitute a majority of the table, sparkling, or fortified wine produced by a farm winery, the holder of the farm winery license may file an affidavit stating this fact with the commissioner. If the commissioner, after consultation with the commissioner of agriculture, determines this to be true, the farm winery may use imported products and shall continue to be governed by the provisions of this section. The affidavit is effective for a period of one year, after which time the farm winery must use the required amount of Minnesota products as provided by subdivision 1 unless the farm winery holder files a new affidavit with the commissioner. Subd. 5. [Repealed, 1985 c 12 s 2] Subd. 6. On -sale licenses allowed. Nothing in this section or in any other section of law prevents a farm winery from obtaining a separate on -sale license and operating a business establishment that utilizes that license in conjunction with and within the physical facilities of the winery and its buildings. Subd. 7. Distilled spirits permitted. Farm wineries licensed under this section are permitted to manufacture distilled spirits as defined under section 340A.101, subdivision 9, which may exceed 25 percent alcohol by volume, made from Minnesota - produced or Minnesota -grown grapes, grape juice, other fruit bases, or honey. The following conditions pertain: (1) no farm winery or firm owning multiple farm wineries may manufacture more than 5,000 gallons of distilled spirits in a given year, and this 5,000 gallon limit is part of the 50,000 gallon limit found in subdivision 2; (2) farm wineries must pay an additional annual fee of $50 to the commissioner before beginning production of distilled spirits; and (3) farm wineries may not sell or produce distilled spirits for direct sale to manufacturers licensed under section 340A.301, subdivision 6, paragraph (a). Copyright © 2010 by the Office of the Revisor of Statutes, State of Minnesota. All Rights Reserved. 12 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 Develo t Director irJol✓ FROM: Courtney Bednarz, City Planner SUBJECT: Consider amendment to liquor licensing requirements of City Code 3 -1 and City Code 12 -12. DATE: December 7, 2010 D INTRODUCTION A potential new business contacted staff about locating a restaurant with a full menu, including liquor, in a vacant restaurant building. It was determined that the city's requirements did not allow a liquor license to be issued due to the Neighborhood Business zoning of the site and the fact that it is within 1,000 feet of a school. The Council asked for a review of the requirements for liquor licenses to discuss whether they are too restrictive. DISCUSSION Existing Regulatory Structure In addition to the requirements of State Statute 340A, the city regulates liquor licenses several ways as shown below. City Code sections 3 -1A and 3 -113 are also attached. 1. On and off -sale liquor licenses are allowed as a conditional use in two of the four commercial districts in the city as shown below: City Code 12 -12 Zoning District Permitted, Conditional & Prohibited Uses LB NB SC GB Liquor licenses C C Liquor stores, off -sale C C 2. The process for obtaining a liquor license is also regulated by City Code 3 -113 which provides for investigation of the applicant, insurance requirements, annual renewal and fee, compliance with state and local health and food handling regulations, prohibition on transfer of license, and procedures for review and revocation. 3 -1A -4: INELIGIBILITY FOR LICENSE: A. On -Sale License; Locations Prohibited: No on -sale license shall be granted for any place within one thousand feet (1,000') of any public or private school nor within four hundred feet (400') of any church, the measurement being from building corner to building corner. 3 -1B -4: ELIGIBILITY AND INELIGIBILITY FOR LICENSE: No license shall be granted for any place located within one - thousand feet (1,000') of any public or private school nor within four hundred feet (400') of any church, the measurement being from building corner to building corner. Comparison of Other Cities The attached table illustrates how liquor licenses are regulated by a number of other municipalities both by zoning district and with setbacks from churches and schools. Options for Discussion The Council asked the Planning Commission to have a discussion and take public input to help formulate a recommendation. Some options offered for discussion at that meeting are shown below. The Commission was in favor of options 3 and 4 including both on and off sale licenses in the Neighborhood Business District. The draft ordinance amendment reflects the Planning Commission recommendation. 1. Reduce the 1,000 foot setback from schools. The attached maps show several distances in rings around the schools and churches in the city. 2. Provide an exemption in the City Code to negate the additional setback requirements from churches or schools located in commercial districts such as: No license shall be granted for any place located within one - thousand feet (1,000') of any public or private school nor within four hundred feet (400') of any church, the measurement being from building corner to building corner. This restriction shall not apply to churches or schools located in the Limited Business, Neighborhood Business General Business or Industrial Zoning Districts. 3. Replace the setback from churches and schools with a provision to allow review of these distances as part of the conditional use permit process similar to Coon Rapids or Ham Lake. 4. Amend the City Code to allow on -sale liquor licenses in the Neighborhood Business District. 5. Make no changes. VA Public Notice Please note that in addition to publishing a notice in the Anoka County Union, notices were mailed to neighborhoods surrounding Neighborhood Business zones. These areas would be affected if liquor licenses were to be allowed in that zoning district. The notice included the attached information sheet as well as maps to show the areas that could be affected. Public Input Staff received two e -mails indicating opposition to any type of liquor related business near the intersection of Crosstown Boulevard and Crosstown Drive as well as the area near 7a` Avenue and Valley Drive. Additionally, a resident who attended the Planning Commission Meeting was opposed to allowing liquor to be served within the former Serendipity building. Additional Discussion Item Schools are not presently defined by the City Code. The Council may want to consider adopting a definition to eliminate confusion with Sunday schools or other types of facilities. The definition shown below is included in the draft amendment. SCHOOL: For the purposes of this ordinance, school shall mean a public, private, or charter school providing elementary, middle or high school age curriculums. Planning Commission Recommendation The Planning Commission recommended that the distances from churches and schools be eliminated and replaced with language similar to the Ham Lake example which allows the Council to review applications based on the details of each site. Additionally, the Commission recommended liquor licenses be added as a conditional use in the neighborhood business district. ACTION REQUESTED The Council is asked to determine whether changes should be made to the City Code. The attached draft amendment is based on the Planning Commission recommendation. If the Council approves an amendment, please also approve the attached summary ordinance for publication. Attachments Draft City Code Amendment Ordinance Summary Comparison of Other Cities Planning Commission Minutes Council Minutes Information Sheet from Public Notice Maps 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TO ALLOW ON SALE LIQUOR LICENSES AS A CONDITIONAL USE IN THE NEIGHBORHOOD BUSINESS ZONING DISTRICT, ELIMINATIING MINIMUM DISTANCES FROM CHURCHES AND SCHOOLS AND ADDING LANGUAGE FOR REVIEW OF PROPOSED LOCATIONS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 3: BUSINESS AND LICENSE REGULATIONS CHAPTER 1: LIQUOR CONTROL ARTICLE A. 3.2 PERCENT MALT LIQUOR SECTION: 3 -1A- 1: State Law Adopted 3 -1A- 2: Definitions 3 -1A- 3: License Required; Types Of Licenses 3 -1A- 4: Ineligibility For License 3 -1A- 5: Application For License 3 -1A- 6: Insurance Requirements 3 -1A- 7: Payment Of License Fee; Refunds 3 -1A- 8: Investigation Of Applicant; Grant Of License 3 -1A- 9: Term Of License; Renewals 3- 1A -10: Non - transferability Of License Or Location 3- 1A -11: Temporary On -Sale License 3- 1A -12: Compliance Checks And Inspections 3- 1A -13: Hours Of Sale 3- 1A -14: Suspension /Revocation /Civil Penalty 3- 1A -15: Violation; Penalty 3 -1A -1: STATE LAW ADOPTED: The provisions of Minnesota Statutes Chapter 340A, commonly known as the Liquor Act, are adopted and made part of this article as if set out in full. Whenever there is an inconsistency between the provisions of Minnesota Statutes Chapter 340A and the provisions of this article, the more restrictive shall govern. (Amended Ord. 213, 5 -6 -1997) 3 -1A -2: DEFINITIONS: In addition to the definitions set forth in Minnesota Statutes Chapter 340A, the following words are defined for the purpose of this Ef article: BONA FIDE CLUB: An incorporated organization for social or business purposes or for intellectual improvement or for the promotion of sports, where the serving of 3.2 percent malt liquor is incidental to and not the major purpose of the club. PACKAGE: A sealed or corked container of alcoholic beverage. PERSON: An individual, partnership, association, corporation, or club. PUBLIC PROPERTY: Land owned by a municipal, county, state or other governmental unit. SCHOOL: For the purposes of this ordinance, school shall mean a public private or charter school providing elementary middle or high school age curriculums. 3.2 PERCENT MALT LIQUOR: Any beer, ale, or other beverage made from malt by fermentation and containing not less than one - half of one percent (0.5 %) alcohol by volume. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -3: LICENSE REQUIRED; TYPES OF LICENSES: No person (with the exception of wholesalers and manufacturers, to the extent authorized by law) shall deal in or dispose of by gift, sale or otherwise, or keep or offer for sale, within the city any 3.2 percent malt liquor without first having received a 3.2 percent malt liquor license. The City Council may issue the following types of 3.2 percent malt liquor licenses: A. On -Sale Licenses: Retail on sale licenses obtained pursuant to this article shall permit the licensee to sell 3.2 percent malt liquors for consumption on the licensed premises and shall be issued only to restaurants, hotels, bona fide clubs and establishments used exclusively for the sale of 3.2 malt liquors with the incidental sale of tobacco and soft drinks. B. Off -Sale Licenses: Retail off -sale licenses obtained pursuant to this article shall permit the licensee to sell 3.2 percent malt liquors in packages for consumption off the premises only. C. Temporary On -Sale Licenses: Temporary on -sale licenses obtained 0 pursuant to this article shall be issued to a bona fide club or charitable, religious or nonprofit organization for a specified time period. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -4: INELIGIBILITY FOR LICENSE: A No license shall be granted for any place that is not a reasonable distance from any school or church In evaluating what constitutes a reasonable distance the City Council may take into account such factors as the effect of intervening land uses topography or structures between the proposed location of the licensee and a school or church: anticipated traffic patterns and volumes additional functions to be provided by this proposed licensee and the need for such functions in the community: and such other factors as the Council deems appropriate. The reasonable spacing requirement shall not apply where the beer or liquor license was in existence prior to the time of construction of the school or church building. B. Delinquent Taxes Or Assessments: No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the city are delinquent and unpaid. (Amended Ord. 213, 5 -6 -1997) 3 -1A -5: APPLICATION FOR LICENSE: A. Information Required: Any person desiring a license to sell 3.2 percent malt liquor (on -sale or off -sale) shall make application for a license to the City Clerk. The application made to the city shall include the following: (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 1. Name of applicant and date of birth; 2. Representations as to the applicant's character; 3. The business in connection with which the proposed licensee will operate and its location; 4. Whether the applicant is the owner and operator of the business and if not, who is; W - _ .., A No license shall be granted for any place that is not a reasonable distance from any school or church In evaluating what constitutes a reasonable distance the City Council may take into account such factors as the effect of intervening land uses topography or structures between the proposed location of the licensee and a school or church: anticipated traffic patterns and volumes additional functions to be provided by this proposed licensee and the need for such functions in the community: and such other factors as the Council deems appropriate. The reasonable spacing requirement shall not apply where the beer or liquor license was in existence prior to the time of construction of the school or church building. B. Delinquent Taxes Or Assessments: No license shall be granted for operation on any premises upon which taxes or assessments or other financial claims of the city are delinquent and unpaid. (Amended Ord. 213, 5 -6 -1997) 3 -1A -5: APPLICATION FOR LICENSE: A. Information Required: Any person desiring a license to sell 3.2 percent malt liquor (on -sale or off -sale) shall make application for a license to the City Clerk. The application made to the city shall include the following: (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 1. Name of applicant and date of birth; 2. Representations as to the applicant's character; 3. The business in connection with which the proposed licensee will operate and its location; 4. Whether the applicant is the owner and operator of the business and if not, who is; W 5. Whether the applicant has ever used or been known by a name other than his /her name; 6. Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; and 7. Other such information as the City Council may require from time to time. B. False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. C. Changes In Information: Each licensee shall have the continuing duty to properly notify the City Clerk of any change in the information or facts required to be furnished on the application for a license. This duty shall continue throughout the period of the license, and failure to comply with this section shall constitute cause for revocation or suspension of the license. (Amended Ord. 213, 5 -6 -1997) 3 -1A -6: INSURANCE REQUIREMENTS: A. Every application for a 3.2 percent malt liquor license shall be accompanied by evidence of adequate financial responsibility for liability in a form permitted by Minnesota Statutes Section 340A.409, Subdivision 1. This provision shall not apply to establishments exempt from financial responsibility requirements by Minnesota Statutes Section 340A.409, Subdivision 4. B. A liability insurance policy shall name the City as an additional insured. The limits of such policy shall comply with the liability limits as stated in Minnesota Statutes. C. The liability policy must provide that it may not be canceled for any cause either by the insured or the insurance company without first giving ten (10) days' notice to the city, in writing, of that intention. The policy must also provide that any amount paid by the insurance company as a result of a claim will not reduce the coverage available to pay subsequent claims. D. No person may operate any business or conduct any activities requiring a 3.2 percent malt liquor license from the city without having in effect, and evidence on file with the city of, the financial responsibility required by this section. The failure to have the financial responsibility in effect and /or on file shall be grounds for immediate revocation or suspension of a license. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 7 3 -1A -7: PAYMENT OF LICENSE FEE; REFUNDS: Each application for a license shall be accompanied with a receipt from the City Finance Director/Treasurer for payment in full of the required fee for the license 1. All fees shall be paid into the General Fund. Upon rejection of any application for a license, the City Finance Director/Treasurer shall refund the amount paid. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -8: INVESTIGATION OF APPLICANT; GRANT OF LICENSE: No 3.2 percent malt liquor license, except temporary licenses, shall be issued until the City Clerk has conducted an investigation of the representatives set forth in the application. All applicants shall cooperate with this investigation. Any false statement or material omission made by the applicant during the course of the investigation shall be grounds for denying or revoking the license. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3 -1A -9: TERM OF LICENSE; RENEWALS: All 3.2 percent malt liquor licenses shall be issued for a period of one year and shall expire on December 31 each year. The fees for licenses are established by ordinance and shall not be prorated �. The application for renewal of any existing license shall be made at least ninety -(90) days prior to the date of the expiration of the license. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3- 1A -10: NON - TRANSFERABILITY OF LICENSE OR LOCATION: Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council. (Amended Ord. 213, 5 -6 -1997) 3- 1A -11: TEMPORARY ON SALE LICENSE: A. Conditions Of License: The City Council may issue temporary on -sale 3.2 percent malt liquor licenses to a bona fide club or charitable, religious, or nonprofit organization. These licenses are subject to the following: 1. Application: Submission of a completed application to the City Clerk at least thirty -(30) days in advance of the event for which the license is requested. 2. Insurance: Submission of evidence of insurance, with the same coverage limits and provisions as are required for the issuance of an on -sale or off -sale license for an establishment with sales of 3.2 percent malt liquor, of ten thousand dollars ($10,000.00) or more per year. ' See section 1 -7 -3 of this code for fees. ' See subsection 1 -7 -3A of this code. :1 3. License Fee: Payment of license fee as established by ordinance'. 4. Emergency Contacts: Submission of a list of responsible persons who may be contacted immediately in case of an emergency. Those persons must be residents of the Twin Cities metropolitan area as defined by Minnesota Statutes Section 473.121, Subdivision 2. At least one person of the listed persons must be present on the licensed premises during all hours of sale. 5. Other Conditions: The City Council may impose other reasonable conditions. B. Term Of License: Temporary on -sale 3.2 percent malt liquor licenses may be issued for a specified period of time, not to exceed three (3) consecutive days, unless the approval for an extended time period is granted by the City Council. C. Public Location: These licenses may be issued for an event to take place on public property. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code) 3- 1A -12: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by authorized city officials during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging underage youth to enter the licensed premises to attempt to purchase alcoholic beverages. No minor or underage adult used in compliance checks shall attempt to use a false identification or theatrical makeup that misrepresents his or her age. All minors and underage adults lawfully engaged in a compliance check shall answer all questions about their age truthfully when asked by the licensee and shall produce any identification which they are asked to produce. In all instances the minors or underage adults shall be accompanied by authorized city officials to the location of the compliance check. (Amended Ord. 213, 5 -6 -1997) q 3- 1A -13: HOURS OF SALE: No sale of 3.2 percent malt liquor shall be made between the hours of one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. Monday through Saturday. Neither shall any sale of such liquor be made on Sunday between the hours of one o'clock (1:00) A.M. and twelve o'clock (12:00) noon. (Ord. 2136, 7 -1 -2003) A. Sales After One O'Clock A.M.; Special License: 1. State Permit Required: No licensee may sell 3.2 percent malt liquor between the hours of one o'clock (1:00) A.M. and two o'clock (2:00) A.M. unless the licensee has obtained a permit from the Commissioner pursuant to Minnesota Statutes Section 340A.504, Subdivision 7. 2. Days Permitted: Two o'clock (2:00) A.M. closing licenses shall be issued only to allow sales until two o'clock (2:00) A.M. on Fridays, Saturdays, Sundays, Thanksgiving Day, July 5 and New Year's Day. 3. Service Of Food: On -sale licensees shall be required to offer the licensee's normal food service to its customers until one o'clock (1:00) A.M. (Ord. 296, 7 -20 -2004) 3- 1A -14: SUSPENSION /REVOCATIONICIVIL PENALTY: The City Council may either suspend for up to sixty (60) days or revoke any 3.2 percent malt liquor license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each violation upon finding that the licensee or agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to 14.69. (Amended Ord. 213, 5 -6 -1997; amd. 2003 Code; Ord. 2136, 7 -1 -2003) In addition to the remedies and penalties set forth in this article, in the event an establishment fails an alcohol compliance check, the City Council shall levy a penalty against the establishment. Penalties are as listed in Section 1 -7 -3 of this code. Said penalty shall be paid to the City Treasurer within ten (10) days of notification of the penalty. (Ord. 2136, 7 -1 -2003) 3- 1A -15: VIOLATION; PENALTY: Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. Any fine or sentence imposed shall not affect the right of the city to suspend or revoke the license of the licensee as the City Council deems appropriate. (Amended Ord. 213, 5 -6 -1997; amd. Ord. 2136, 7 -1- 2003) FLO CHAPTER 1 LIQUOR CONTROL ARTICLE B. INTOXICATING LIQUOR SECTION: 3-113- 1: State Law Adopted 3-113- 2: Definitions 3-113- 3: License And Permit Required 3-113- 4: Eligibility And Ineligibility For License 3-113- 5: Application For License Or Permit 3-113- 6: Financial Responsibility 3-113- 7: License And Permit Fee 3-113- 8: Types Of Licenses And Permits; Exemptions 3-113- 9: Investigation Of Applicant; Grant Or Denial Of License 3-113- 10: Expiration Of Licenses And Permits; Renewals 3 -1 B -11: Non - transferability Of License 3-113-12: Conditions Of License And Permit 3 -1 B -13: Sunday Sales 3-113-14: Minors 3 -1 B -15: Sales To Certain Persons Prohibited 3-113- 16: Compliance Checks And Inspections 3-113- 17: Suspension Or Revocation Of License; Penalties 3 -1 B -1: STATE LAW ADOPTED: The provisions of Minnesota Statutes Chapter 340A, commonly known as the Liquor Act, are adopted and made part of this article as if set out in full. Whenever there is an inconsistency between the provisions of Minnesota Statutes Chapter 340A and the provisions of this article, the more restrictive shall govern. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -2: DEFINITIONS: LICENSE: Shall also include a permit for consumption and display, unless otherwise indicated. LICENSEE: Any person to whom a license has been issued under the provisions of this article. MINOR: Any person under the age established by Minnesota Statutes Section 340A.503. if PERSON: Any individual, partnership, association, corporation, or club. RESTAURANT: Shall have the meaning given to the term by Minnesota Statutes Section 340A.101, Subdivision 25; except, that these establishments shall have facilities for seating not fewer than one hundred (100) guests at one time for on -sale intoxicating liquor licenses. SALE AND PURCHASE: Include all barters, gifts, sales and any other means used to obtain or furnish alcoholic beverages. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -3: LICENSE AND PERMIT REQUIRED: A. License: Except as provided below, no person may directly or indirectly, on any pretense or by any device, sell, barter, keep for sale, or otherwise dispose of alcoholic beverages as part of a commercial transaction without having obtained the appropriate license from the city. B. Permit: No person who does not hold an on -sale intoxicating liquor license may directly or indirectly allow the consumption and display of intoxicating liquor or knowingly serve any liquid for the purpose of mixing with intoxicating liquor without first having obtained a permit from the city. (Amended Ord. 235, 8 -5 -1997) 12- 3 -1 B -4: ELIGIBILITY AND INELIGIBILITY FOR LICENSE: A. A license shall be issued only to a person who is: 1. Eligible for a license under Minnesota Statutes Section 340A.402; and 2. A proprietor of the establishment for which the license is sought. B. No license shall be issued to a person who is: 1. Ineligible under state law; or 2. Not the real party in interest or beneficial owner of the business operated under the license. C. No license shall be issued for any place or any business ineligible for a license under state law. D. No license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the city are delinquent and unpaid. E. 1. No on -sale intoxicating liquor or on -sale wine license shall be issued unless the applicant makes a bona fide estimation that at least fifty percent (50 %) of the gross receipts of the establishment during the first year of business will be attributable to the sale of food. Each on -sale intoxicating liquor or on -sale wine licensee shall have the continuing obligation to have at least fifty percent (50 %) of gross receipts from the establishment during the preceding business year attributable to the sale of food. For the purpose of this requirement, establishment shall include the food and beverage portion of a multi -serve establishment. Financial records for food and beverage portion must be maintained separately from the records of the remainder of the establishment. 2. For the purpose of this section, "sale of food" shall include gross receipts attributable to the sale of food items, soft drinks and nonalcoholic beverages. It shall not include any portion of gross receipts attributable to the nonalcoholic components of plain or mixed alcoholic beverages such as ice, soft drink mixes or other mixes. 3. The City Council may require the production of such documents or information including, but not limited to, books, records, audited financial statements or pro forma financial statements as it deems necessary or convenient to. enforce these provisions. The City Council may also obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records. (Amended Ord. 235, 8 -5 -1997) 4. In addition to other remedies that it may have available, the City Council may place the license of any on -sale intoxicating liquor or on -sale wine licensee on probationary status for up to one year when the sale of food is reported, or found to be, less than fifty percent (50 %) of gross receipts for any business year. During the probationary period, the licensee shall prepare any plans and reports, participate in 13 any required meetings, and take other action that the City Council may require to increase the sale of food. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) - - - - - F-TWO .A - F. No license shall be aranted for any place that is not a reasonable distance from anv school or church. In evaluating what constitutes a reasonable distance the City Council may take into account such factors as the effect of intervening land uses, topography or structures between the proposed location of the licensee and a school or church: anticipated traffic patterns and volumes, additional functions to be provided by this proposed licensee and the need for such functions in the community: and such other factors as the Council deems appropriate The reasonable spacing requirement shall not apply where the beer or liquor license was in existence prior to the time of construction of the school or church building 3 -1 B -5: APPLICATION FOR LICENSE OR PERMIT: A. Information Required: Every person desiring a license or consumption or display permit under this article shall file with the City Clerk a verified written application in the form prescribed and approved by the Commissioner of Public Safety of the state. In addition to the information required on the application form prescribed and approved by the Commissioner of Public Safety and information required by any other officer or office of the state, the application made to the city shall include the following: 1. Representations as to the applicant's character; 2. The business in connection with which the proposed licensee will operate; 3. Whether the applicant is the owner and operator of the business and if not, who is; 4. Whether the applicant has ever used or been known by a name other than his /her name, and if so, what was the name, or names, and information concerning dates and places where used; 5. Whether the applicant is married or single. If married, the true name, place and date of birth and street address of applicant's spouse; 6. Street address at which applicant and spouse have lived during the preceding ten (10) years; 7. Kind, name and location of every business or occupation applicant or spouse has been engaged in during the preceding ten (10) years; 8. Names and addresses of applicant's and spouse's employers and partners, if i`F any, for the preceding ten (10) years; 9. Whether the applicant or spouse has ever been convicted of a violation of any state law or local ordinance, other than a nonalcohol related traffic offense. If so, the applicant shall furnish information as to the time, place and offense for which convictions were had; and 10. Whether the applicant or spouse, or parent, brother, sister or child of either of them, has ever been engaged as an employee in operating a saloon, hotel, restaurant, cafe, tavern or other business of similar nature. If so, applicant shall furnish information as to the time, place and length of time. 11. Whether the applicant has ever been in military service. If so, the applicant shall, upon request, exhibit all discharges. 12. The name, address and business address of each person who is engaged in Minnesota in the business of selling, manufacturing or distributing alcoholic beverages and who is nearer in kin to the applicant or spouse than second cousin, whether of the whole or half - blood, computed by the rules of civil law, or who is brother -in -law or sister -in -law of the applicant or spouse. 13. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant as above. A managing partner or partners shall be designated. The interest of each partner or partners in the business shall be submitted with the application, and if the partnership is required to file a certificate as to trade name under the provisions of Minnesota Statutes Chapter 333, a copy of the certificate certified by the Clerk of District Court shall be attached to the application. 14. If the applicant is a corporation or other organization, the applicant shall submit the following: a. Name and, if incorporated, the state of incorporation. b. A true copy of the certificate of incorporation, articles of incorporation or association agreements. c. The name of the manager or proprietor or other agent in charge of or to be in charge of the premises to be licensed, giving all information about said person as is required in the case of a single applicant. d. A list of all persons who, single or together with their spouse or a parent, brother, sister or child of either of them, own or control an interest in said corporation or association in excess of five percent (5 %) or who are officers of said corporation or association, together with their addresses and all information as is required for a single applicant. 15. The floor number and street number where the sale of alcoholic beverages is to be conducted and the rooms where the beverages are to be sold or consumed. An applicant for an on -sale license shall submit a floor plan of the dining rooms, which shall be open to the public, shall show dimensions and shall indicate the number of persons intended to be served in each of the rooms. 15- 16. The amount of the investment that the applicant has in the business, land, building, premises, fixtures, furniture, or stock in trade, and proof of the source of the money. Whenever the application for an on sale license or for a transfer thereof is for premises either planned or under construction or undergoing substantial alteration, the application shall be accompanied by a set of the preliminary plans showing the design of the proposed premises to be licensed. If the plans are on file with the city, no further plans need to be filed. 17. A list of responsible persons, including the names of owners, managers and assistant managers, who may be notified or contacted by the state or city employees in case of emergency. 18. Other information that the City Council deems appropriate. B. False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. C. Changes In Information: Each licensee shall have the continuing duty to properly notify the City Clerk of any changes in the information or facts required to be furnished on the license application. This duty shall continue throughout the period of the license, and failure to comply with this section shall constitute cause for revocation or suspension of the license. (Amended Ord. 235, 8 -5 -1997) 3 -113-6: FINANCIAL RESPONSIBILITY: A. Financial Responsibility Required: Every application for a license shall be accompanied by evidence of adequate financial responsibility for liability provided as follows: 1. General Liability Insurance Policy: A liability insurance policy which shall name the City of Andover as an additional insured and shall provide for the minimum coverage as stated in Minnesota Statutes Section 466.04. 2. Liquor Liability Insurance Policy: a. A liability insurance policy imposed by Minnesota Statutes Section 340A.409 which shall name the City of Andover as an additional insured and shall provide for the following minimum coverage: fifty thousand dollars ($50,000.00) for bodily injury to any one person in any one occurrence; one hundred thousand dollars ($100,000.00) for bodily injury to two (2) or more persons in any one occurrence; and ten thousand dollars ($10,000.00) for injury to or destruction of property of others in any one occurrence; fifty thousand dollars ($50,000.00) for loss of means of support of any one person in any one occurrence; and one hundred thousand dollars ($100,000.00) for loss of means of support of two (2) or more persons in any one occurrence. b. This subsection does not prohibit an insurer from providing the coverage required by this subsection in combination with other insurance iC coverage. 3. Additional Forms Of Proving Financial Responsibility: The applicant or licensee may substitute one of the following as proof of financial responsibility to the requirements of Subsection A2 of this section: a. A bond of a surety company with minimum coverages as provided in Subsection A2 of this section. b. A certificate of the State Treasurer that the licensee has deposited with the State Treasurer one hundred thousand dollars ($100,000.00) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of one hundred thousand dollars ($100,000.00). B. Exemptions: This section does not apply to establishments exempt from financial responsibility requirements by Minnesota Statutes Section 340A.409, Subdivision 4. C. Cancellation: The liability insurance policy, bond or certificate of the State Treasurer required above shall provide that it may not be canceled for any cause, except for nonpayment of premium, by the licensee, insurance company, bond company, or State Treasurer without first giving thirty (30) days' notice to the city in writing of the intention to cancel it. A ten (10) day written notice of cancellation shall be required for nonpayment of premium by the canceling party. Such notices must be addressed to the City Clerk. D. Violation; Penalty: No person shall operate any business or conduct any activities requiring a liquor license from the city without having in effect, and evidence on file with the city, the financial responsibility required by this section. Failure to have the financial responsibility in effect and /or on file shall be grounds for immediate revocation or suspension of a license. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -7: LICENSE AND PERMIT FEE: Every applicant for a license or consumption and display permit shall pay to the city a fee set forth by ordinance. This fee shall be for the purpose of conducting a preliminary background and financial investigation of the applicant. If the City Council believes that the public interest so warrants, it may require a similar investigation at the time of renewal of any license. Fees for licenses issued during the license year shall be prorated according to the number of months remaining in the year. For this purpose, an unexpired fraction of a month shall be counted as a whole month which shall have elapsed. No refund of any fee shall be made except as authorized by statute. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -8: TYPES OF LICENSES AND PERMITS; EXEMPTIONS: A. Types Of Licenses And Permits: The City Council may grant the following types of intoxicating liquor licenses: 1. On -Sale Licenses: On -sale licenses may be issued only to hotels, clubs, and See subsection 1 -7 -3A of this code. 0 restaurants. A license shall be issued only in conjunction with the serving of food and to establishments that have facilities for serving at least one hundred (100) guests at one time. 2. On -Sale Wine Licenses: On -sale wine licenses may be issued to restaurants for the sale of wine not exceeding fourteen percent (14 %) alcohol by volume and for consumption on the licensed premises only in conjunction with the sale of food. 3. Off -Sale Licenses: Off -sale licenses may be issued only to exclusive liquor stores and shall permit off -sale of intoxicating liquor and 3.2 percent malt liquor. As an incident to these sales, ice, soft drinks and all forms of tobacco may also be sold. The city shall issue a limited number of off -sale licenses based on population. The number of licenses shall be limited to one for each six thousand (6,000) residents, based on current estimated population. 4. Sunday Sales: Sunday sales licenses may be issued only to a hotel or restaurant to which an on -sale license has been issued. No Sunday sales license is needed for on -sale wine licenses. Except in the case of on -sale wine licenses, no Sunday sales of intoxicating liquor shall be made without a license for Sunday sales. 5. Consumption And Display Permit: A consumption and display permit may be issued to a bottle club which complies with the requirements of Minnesota Statutes Section 340A.414 and which has obtained a permit from the Commissioner of Public Safety. No bottle club may operate in the city without first obtaining a permit from the city. B. Exemptions: 1. Any person holding an on -sale intoxicating liquor license may sell 3.2 percent malt liquor at on -sale without obtaining a 3.2 percent malt liquor license as required by the city. 2. Any person holding an off -sale intoxicating liquor license may sell 3.2 percent malt liquor at off -sale without obtaining a 3.2 percent malt liquor license as required by the city. 3. A person holding an on -sale wine license who is also licensed to sell 3.2 percent malt liquor at on -sale, and whose gross receipts are at least sixty percent (60 %) attributable to the sale of food, may sell intoxicating liquor at on -sale without an additional on -sale license. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -9: INVESTIGATION OF APPLICANT; GRANT OR DENIAL OF LICENSE: A. All applications for a license shall be referred to the Anoka County Sheriffs Office and to other City Departments as the City Clerk shall deem necessary for verification and investigation of the facts set forth in the application. The Anoka County Sheriff's Office shall cause to be made such investigation of the information requested in Title 3, Chapter 3 -1 B -5 as shall be necessary and shall make a written recommendation and report to the City Council which shall include a list of all violations of Federal or State Law or Municipal ordinance. The City Council may order and conduct such additional investigation as it shall deem necessary. (Amd. Ord. 368, 4- 15 -08) /8 B. Issuance Of License; Hearing Required: No license shall be issued until the City Council has held a public hearing in accordance with the following: 1. For all licenses and consumption and display permits, a public hearing shall be held at a City Council meeting. All property owners and occupants located within three hundred fifty feet (350') of the proposed location shall be notified at least ten (10) days prior to such hearing. 2. At the public hearing, all persons interested in the matter shall be heard. No hearing shall be required for a renewal of a license, but the City Council may, at its option, hold a public hearing. (Amended Ord. 235, 8 -5 -1997) C. Grant Or Denial Of License: After investigation and hearing, the City Council shall, at its discretion, grant or deny the application. Each application shall require a majority vote by the City Council for approval. No on -sale wine license, off -sale license, club on -sale license, or consumption and display permit shall become effective until it, together with the security furnished by the applicant, has been approved by the Commissioner of Public Safety. Within ten (10) days of issuing an on -sale license, the city shall submit to the Commissioner of Public Safety the full name and address of each person granted a license, the effective date of the license, the expiration date of the license, and the name under which the licensee will conduct the business. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -10: EXPIRATION OF LICENSES AND PERMITS; RENEWALS: Each license, except consumption and display permits, shall expire on December 31 of the year in which it is issued. Consumption and display permits shall expire on March 31 of each year. The application for the renewal of any existing license shall be made at least ninety- (90) days prior to the date of the expiration of the license and shall be made on the form provided by the City Clerk. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3 -1 B -11: NONTRANSFERABILITY OF LICENSE: Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without application to the City Council in the same manner as an application for a new license. Transfer of twenty five percent (25 %) or more of the stock of a corporation or of a controlling interest thereof, whichever is less, shall be deemed a transfer of the license of a corporate licensee. If the licensee is a corporation which is wholly owned by another corporation, the same provisions about the transfer of a stock or a controlling interest shall apply to that parent corporation, any second parent corporation which wholly owns the parent corporation, and all other similarly situated parent corporations up through the chain of ownership. Transfer of this amount of stock without prior City Council approval is grounds for revocation or suspension of the license. In addition, each day the licensee operates under the license after a transfer has taken place without obtaining City Council approval shall be a separate violation of this article. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -12: CONDITIONS OF LICENSE AND PERMIT: Every license is subject to the following conditions, all other provisions of this article, and any other applicable regulations, or state law: A. Responsibility And Liability Of Licensee: Every licensee is responsible for the !q conduct of his or her place of business and the conditions of sobriety and order in it. The act of any employee of the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this article equally with the employee, except criminal penalties. B. Display Of License And Permit: Every license to sell alcoholic beverages and permit for consumption and display must be posted in a conspicuous place in the premises for which it is used. C. Right Of Entry: Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the city to enter, inspect, and search the premises of the licensee at reasonable hours without a warrant. D. Certain Federal Stamps Prohibited: No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal gambling stamp. (Amended Ord. 235, 8 -5 -1997) E. Hours Of Sales: No sale of intoxicating liquor for consumption on the licensed premises (on -sale) may be made: 1) between one o'clock (1:00) A.M. and eight o'clock (8:00) A.M. on the days of Monday through Saturday; or 2) after one o'clock (1:00) A.M. on Sundays except as authorized by an approved Sunday on -sale liquor license. (Ord. 235D, 7 -1 -2003) 1. Sales After One O'Clock A.M.; Special License: a. State Permit Required: No licensee may sell intoxicating liquor between the hours of one o'clock (1:00) A.M. and two o'clock (2:00) A.M. unless the licensee has obtained a permit from the Commissioner pursuant to Minnesota Statutes Section 340A.504, Subdivision 7. b. Days Permitted: Two o'clock (2:00) A.M. closing licenses shall be issued only to allow sales until two o'clock (2:00) A.M. on Fridays, Saturdays, Sundays, Thanksgiving Day, July 5 and New Year's Day. c. Service Of Food: On -sale licensees shall be required to offer the licensee's normal food service to its customers until one o'clock (1:00) A.M. (Ord. 296, 7 -20- 2004) F. Consumption And Presence After Hours: No person shall consume any intoxicating liquor or 3.2 percent malt liquor on any licensed premises more than thirty (30) minutes following the time established by law for cessation of the sale of liquor. No person, except an employee of the licensed establishment, shall remain on the premises or site more than thirty -(30) minutes following the time established by law for cessation of the sale of liquor. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) G. Possession And Consumption In Certain Areas Of Premises: No person shall possess open containers of alcoholic beverages or consume alcoholic beverages on the premises under the licensee's control outside of the licensed structure or in any area of the licensed premises which was not designated for these activities in the license application. Zo H. Death Of Licensee: In the event of the death of a person holding a license, the personal representative of that person shall be allowed to continue to operate the business within the terms of the license for a period not to exceed ninety (90) days after the death of the licensee. Gambling: The licensee shall not keep, possess, or operate or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, any slot machine, dice or any gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same, or in any adjoining building, directly or indirectly under its control, to be used for any illegal purpose. Notwithstanding the above, gambling licensed and permitted by the Minnesota Charitable Gambling Board is allowed, and sales sponsored by the Minnesota State Lottery may be made at any licensed establishment. J. On -Sale And On -Sale Wine Licenses: 1. Report Of Premises Changes: Persons holding on -sale intoxicating liquor or on- sale wine licenses, in addition to being subject to the requirements of this article, shall report any internal change to the licensed premises which materially enlarges, expands, reconfigures, or alters the size of the area connected with the consumption of liquor or the type of service offered by the establishment, prior to the beginning of work. This report shall be made to the City Clerk for review by the City Council and may result in altering the terms under which the license is granted. No work shall be done nor city permits issued for the work until the change is approved by the City Council. Each day the licensee operates under the license after beginning construction of the changes and before obtaining City Council approval shall constitute a separate violation of this article, resulting in a mandatory minimum civil offense of one hundred dollars ($100.00) per day. 2. Health And Food Handling Requirements: Each on -sale and on -sale wine licensee shall have the continuing obligation to comply with all state and local health and food handling regulations. At the time of application for any new or renewed license, the City Council may review (if deemed necessary) the establishment's health and food handling inspection results. In addition to other remedies that it may have available, the City Council may place the license of any on -sale intoxicating liquor or on -sale wine licensee on probationary status for up to one year when inspections reveal the establishment has not achieved passing scores. During the probationary period, the licensee shall take such action as may be required to achieve passing scores, and shall be subject to subsequent inspections for compliance, and shall be subject to other conditions which the City Council may impose. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) K. No licensee shall permit in any licensed establishment, or any adjoining property owned or leased by the licensee, any boxing, wrestling, or any other form of entertainment whose primary purpose is physical contact by striking or touching an opponent with hands, feet, or body. Team sports in which physical contact is incidental to the primary purpose of the game such as basketball, volleyball, soccer, football, baseball, hockey, and softball are not included among activities prohibited by this section. (Amended 9 -5 -06, Ord. 332A) �j 3-113-13: SUNDAY SALES: A. Restrictions: On -sale Sunday liquor licenses shall be issued only to hotels, clubs, and restaurants which hold an on- sale intoxicating liquor license only in conjunction with the serving of food and which have facilities for serving at least one hundred (100) guests at one time. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) B. Hours: The hours of the sale of intoxicating liquor shall be between ten o'clock (10:00) A.M. on Sundays and one o'clock (1:00) A.M. on Mondays. C. Application For License: An establishment serving intoxicating liquor on Sunday must obtain a Sunday on -sale liquor license from the city in the same manner as applications to sell intoxicating liquor. (Amended Ord. 235, 8 -5 -1997) 3 -1 B -14: MINORS: A. Presence On Premises For Purchase Or Consumption: It shall be unlawful for any minor to enter any premises licensed for the retail sale of liquor for the purpose of purchasing or having served or delivered to him or her any liquor or to consume any liquor, purchase or attempt to purchase or have another purchase for him or her any intoxicating liquor. B. False Representation: It shall be unlawful for any person to misrepresent or misstate his or her age or identity, or the age or identity of any other person, for the purpose of inducing any licensee or any employee of any licensee to sell, serve or deliver any liquor to a minor. C. Possession: It shall be unlawful for a minor to have in his or her possession any liquor with intent to consume the same at a place other than the household of his or her parent or guardian. Possession of liquor at a place other than the household of the minor's parent or guardian shall be prima facie evidence of intent to consume the same at a place other than the household of his or her parent or guardian. (Amended Ord. 235, 8 -5 -1997) 3- 18 -15: SALES TO CERTAIN PERSONS PROHIBITED: It shall be unlawful for any person to sell, give, barter, furnish, deliver or dispose of, in any manner, either directly or indirectly, any liquor in any quantity, to any minor person, to any intoxicated person, or to any person to whom this is prohibited by Minnesota Statutes Section 340A.503, Subdivision 2. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) 3-113-16: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by authorized city officials during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging underage youth to enter the licensed premises to attempt to purchase alcoholic beverages. No minor or underage adult used in compliance checks shall attempt to use a false identification or theatrical makeup that misrepresents his or her age. All minors and underage adults lawfully engaged in a compliance check shall answer all questions about their age truthfully when asked by the licensee and shall produce any identification which they are asked to produce. In all instances the minors or underage adults shall be accompanied by authorized city officials to the location of the compliance check. (Amended Ord. 235, 8 -5 -1997) 22 3-113-17: SUSPENSION OR REVOCATION OF LICENSE; PENALTIES: A. The City Council may either suspend for up to sixty (60) days or revoke any liquor license or impose a civil fine not to exceed two thousand dollars ($2,000.00) for each violation upon a finding that the licensee or an agent or employee of the licensee has failed to comply with any applicable statute, regulation or ordinance. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes Sections 14.57 to 14.69. (Amended Ord. 235, 8 -5 -1997; amd. 2003 Code) B. Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. Any fine or sentence imposed shall not affect the right of the city to suspend or revoke the license of the licensee as the City Council deems appropriate. C. In addition to the remedies and penalties set forth in this article in the event an establishment fails an alcohol compliance check the City Council shall levy a penalty against the establishment. Penalties are as listed in Section 1 -7 -3 of this code. Said penalty shall be paid to the City Treasurer within ten (10) days of notification of the penalty. (Ord. 235D, 7 -1 -2003) CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES Adopted by the City Council of the City of Andover on this _ day of 2010. ATTEST: CITY OF ANDOVER Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk Z3 Zoning Districts R -1 R -2 R -3 R -4 R -5 M -1 M -2 GR LB NB SC GB I Liquor Licenses C C C C C Liquor Stores, Off Sale C C C Adopted by the City Council of the City of Andover on this _ day of 2010. ATTEST: CITY OF ANDOVER Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk Z3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 3 -1 LIQUOR CONTROL AND CITY CODE 12- 12 PERMITTED, CONDITIONAL, AND PROHIBITED USES 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 by establishing regulations and locations for businesses with liquor licenses. 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: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor Comparison of Other Cities Setback City On Sale Liquor by Zoning District Church School *Coon Rapids 5 -213 Investigation of Applications and Granting Licenses P = Permitted Use C= Conditional Use X = Prohibited Use B5 Business Commercial/ Industrial Campus X C with restrictions The City Clerk shall investigate all facts set out in the application, including a consideration of the building with regard to building and zoning codes and proximity to schools and churches, and shall, upon request, give opportunity to any person to be heard for or against the granting of the license. After such investigation and hearing, the City Clerk shall make a written recommendation and report to the City Council. The Council may order and conduct such additional investigation as it shall deem necessary and shall grant or deny the license in accordance with State law, the City Code, and particularly this Chapter.[Revised 5/4/04, Ordinance 1836] * *Ham Lake 7- 810.12 Distance from School or Church Excepting off -sale of beer, no license shall be granted for any place that is not a reasonable distance from any school or church. In evaluating what constitutes a reasonable distance, the City Council shall take into account such factors as the effect of intervening land uses, topography or structures between the proposed location of the licensee and a school or church; anticipated traffic patterns and volumes, additional functions to be provided by this proposed licensee and the need for such functions in the community; and such other factors as the Council deems appropriate. The reasonable spacing requirement shall not apply where the beer or liquor license was in existence prior to the time of construction of the school or church building. ? B -1 B -2 B -3 B -4 Main St NA NA Anoka - P P P X P 500 feet 500 Feet Blaine B -1 B -2 B -3 B -4 Planned Commercial X P P C P restrictions restrictions C -1 C -2 C -3 NC Highway Commercial NA NA Champlin Accessory to B1 limited office C C C P NA Ramsey uses 10 Use/PUD Center * * Coon Rapids O NC CC- GC P X X C P NA NA Elk River Cl Central Business District Office C3 Highway Commercial C4 Neighborhood Commercial Downtown C X C X C ** ** - Ham Lake CD1 CD2 CD3 CD4 CD5 P P P C *Coon Rapids 5 -213 Investigation of Applications and Granting Licenses P = Permitted Use C= Conditional Use X = Prohibited Use B5 Business Commercial/ Industrial Campus X C with restrictions The City Clerk shall investigate all facts set out in the application, including a consideration of the building with regard to building and zoning codes and proximity to schools and churches, and shall, upon request, give opportunity to any person to be heard for or against the granting of the license. After such investigation and hearing, the City Clerk shall make a written recommendation and report to the City Council. The Council may order and conduct such additional investigation as it shall deem necessary and shall grant or deny the license in accordance with State law, the City Code, and particularly this Chapter.[Revised 5/4/04, Ordinance 1836] * *Ham Lake 7- 810.12 Distance from School or Church Excepting off -sale of beer, no license shall be granted for any place that is not a reasonable distance from any school or church. In evaluating what constitutes a reasonable distance, the City Council shall take into account such factors as the effect of intervening land uses, topography or structures between the proposed location of the licensee and a school or church; anticipated traffic patterns and volumes, additional functions to be provided by this proposed licensee and the need for such functions in the community; and such other factors as the Council deems appropriate. The reasonable spacing requirement shall not apply where the beer or liquor license was in existence prior to the time of construction of the school or church building. ? O C1 C2 C3 C4 CC NA Plymouth Feet X X C with C with P P restrictions restrictions B2 B1 B3 Hl Hwy Mixed Town NA NA Ramsey Business 10 Use/PUD Center C P P I P P varies *Coon Rapids 5 -213 Investigation of Applications and Granting Licenses P = Permitted Use C= Conditional Use X = Prohibited Use B5 Business Commercial/ Industrial Campus X C with restrictions The City Clerk shall investigate all facts set out in the application, including a consideration of the building with regard to building and zoning codes and proximity to schools and churches, and shall, upon request, give opportunity to any person to be heard for or against the granting of the license. After such investigation and hearing, the City Clerk shall make a written recommendation and report to the City Council. The Council may order and conduct such additional investigation as it shall deem necessary and shall grant or deny the license in accordance with State law, the City Code, and particularly this Chapter.[Revised 5/4/04, Ordinance 1836] * *Ham Lake 7- 810.12 Distance from School or Church Excepting off -sale of beer, no license shall be granted for any place that is not a reasonable distance from any school or church. In evaluating what constitutes a reasonable distance, the City Council shall take into account such factors as the effect of intervening land uses, topography or structures between the proposed location of the licensee and a school or church; anticipated traffic patterns and volumes, additional functions to be provided by this proposed licensee and the need for such functions in the community; and such other factors as the Council deems appropriate. The reasonable spacing requirement shall not apply where the beer or liquor license was in existence prior to the time of construction of the school or church building. ? PLANNING AND ZONING COMMISSIONMEETING — NOVEMBER 99 2010 T Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was call' o order by Chairperson Daninger on November 9, 2010, 7:00 p.m., at the Andover City Ha , 685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners sent: Chairperson Dean Daninger, Commissioners Michael Casey, Dennis Cleveland (arrived at 7:05 p.m.), Lynae \ Gudmundson, Valerie Holthus, Tim Kirchoff and Devon ti Walton. Commissioners absent: Also present: City PI er, Courtney Bednarz Others APPROVAL OFMINUTES, September 14, 2010 Motion by Casey, seconded by Holthus, to approve the September 4, 2010 minutes as presented. Motion carried on a 5 -ayes, 0 -nays, 1- absent (Cleveland), resent ( Kirchoff) vote. 0 PUBLIC HEARING: CONSIDER AMENDMENT TO LIQUOR LICENSING REQUIREMENTS OF CITY CODE 3 -1 AND CITY CODE 12 -12. Mr. Bednarz reviewed the staff report with the Commission. He stated that he received two a -mails from residents in opposition to allowing any liquor related business at the 7t` Avenue/Valley Drive site as well as at the Crosstown Blvd. /Crosstown Drive site. Motion by Walton, seconded by Casey, to open the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Ms. Jamie Kiefert, 13639 Rose Street NW, stated the Serendipity parking lot is a very small area and thought this was a reason there was a problem with filling the vacancy and her concern was that parking will occur on the neighborhood streets to go to the 2 (p a Regular Andover Planning and Zoning Commission Meeting Minutes — November 9, 2010 DRAFT Page 2 restaurant which is what they have done in the past. She thought the traffic will get worse. Motion by Casey, seconded by Walton, to close the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Commissioner Kirchoff asked what the difference was between a neighborhood shopping district and a shopping center districts. Mr. Bednarz stated many of the same uses are allowed in both districts. The difference is in the scale of the businesses. The Neighborhood Business District is intended to serve the needs of the immediate neighborhood. The Shopping Center District is intended to serve a larger area or the entire city. Commissioner Kirchoff understood the reason they had the two different districts and he was not sure if he was in favor of changing this. Commissioner Holthus asked what the history was of the current setback and was there a reason why Andover has a more restrictive setback than other cities. Mr. Bednarz thought the City took the most restrictive setback allowed when the code was made. Commissioner Walton thought Conditional Use Permits are a good alternative because they allow the City to review the businesses and if there are problems or not. This provides an opportunity to bring something in to see if a business fits in a neighborhood. He would like to allow CUP's in the neighborhood district. Chairperson Daninger stated there is more control with a CUP. Commissioner Walton stated no matter what business comes in the Serendipity site the parking will be tight and by changing this it will open the site up to more businesses and possibilities. Mr. Bednarz stated liquor licenses are reviewed annually and if there are problems could be denied. Commissioner Kirchoff stated he was not against liquor in a neighborhood but it concerns him that by lowering the thousand feet would allow more businesses with liquor near neighborhoods. Chairperson Daninger asked if the Commission was opposed to changing the distance. He wondered if anyone thought the distance should still be there. Commissioner Holthus thought they could take away the distance and have it all conditional which would give the Council more control and allow different types of businesses to come in to areas that now they cannot. Commissioners Gudmundson and Kirchoff agreed. Commissioner Kirchoff stated he was against having any distance in a zone where liquor is permitted already. Commissioner Gudmundson thought they should use some of the wording from the Ham Lake Ordinance to allow review on a case by case basis instead of based on distances. 27 Regular Andover Planning and Zoning Commission Meeting DAFT Minutes —November 9, 2010 Page 3 The consensus of the Commission is to have no distance and look at the City of Ham Lake wording and incorporate it into the City's Ordinance. Chairperson Daninger stated he has seen this before where they have gone too far in one direction, one way or another. He would prefer to have the distance of 400 feet for both schools and churches. He thought this would allow the need of this site. Chairperson Daninger wondered if the Commission would like to allow CUP's in the Neighborhood Business district. The Consensus of the Commission was to allow it. Staff reviewed with the Commission if there needed to be a definition added for schools. The Commission did not think they needed to add a definition if they remove the distance. Commissioner Holthus stated if they would create a definition then the school in the shopping center district does not qualify as a school because the students that attend in the space are not, elementary, middle, high school or a charter school. Chairperson Daninger stated he was fine with the definition because it would be used as a guiding factor. Motion by Holthus, seconded by Kirchoff, to recommend to the City Council that there be no distance for schools or churches in the shopping and general business districts and the same for the neighborhood business district and allowing liquor with a CUP and using Ham Lake verbiage to allow businesses in the district if it is right for the area. Motion carried on a 6 -ayes, 1 -nays ( Daninger), 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the December 7, 2010 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Walton, seconded by Casey, to adjourn the meeting at 7:56 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 0 Regular Andover City Council Meeting Minutes —October 5, 2010 Page 4 Councilmember Bukkila asked if for some reason they were able to donate more, would they be able to ed the $35,000 for that situation. Mr. Berkowitz stated $35,000 is the max as directed throug e Park and Recreation Commission. Mr. Dickinson stated if there was a donation outside oft ncrete slab the City would consider it. Councilmember Bukkila stated wATMthis began the City was hoping the Hockey Association would not come to them for money beca at that time the City did not have any money and now they are at the point where there is some n1m3,eZ in the budget and it seems like the major benefit to the community is they are able to wrap up rojects at once and if it was not for that she would not be in favor of this. Motion carried unanimously. DISCUSS SETBACK FROM SCHOOLS & CHURCHES FOR LIQUOR LICENSING REQUIREMENTS Mr. Bednarz explained a potential new business contacted staff about locating a restaurant with a full menu including liquor in a vacant restaurant building. It was determined that the city's requirements did not allow a liquor license to be issued. Mr. Bednarz reviewed the information with the Council. Councilmember Jacobson stated just changing the dimensional standards does not solve the issue because you have to go to the zoning issue. It is more than an issue in the southwest area of the City; it is an issue for the entire City. If they are not going to change the zoning, there is no sense in changing the dimensional issue. Councilmember Trude stated this has come up multiple times with shopping center tenants and she is frustrated that someone who becomes a tenant in the shopping center then can control anybody else who could potentially be a client in there and to her that is a zoning issue first and if they do not want a preschool, school or church to determine who can have liquor in a strip mall it really limits the potential tenants of a shopping center. She asked if a shopping center zoning can override the use that is in there or do they strictly look at the use. City Attorney Baumgartner thought it depended on what they wanted in there, one will control the other and if the Council is in agreement that they cannot coincide side by side then the question becomes if it is a matter of who is there first or does the Council want to take control before anyone comes in and they determine what they want to see there. He thought it might be down to the determination of what is appropriate for that particular use or what use is more appropriate for that area. Councilmember Jacobson stated he could see some starter churches and daycare centers going into strip malls which would have a negative effect on everything as far as liquor licensing. `ZT Regular Andover City Council Meeting Minutes —October 5, 2010 Page 5 Councilmember Jacobson did not understand why a liquor store could not be by a school. He understood the reason for a liquor store being next to a church. He wondered what the reason was for this code. Mayor Gamache stated they have a couple of commercial areas in town that have been going through hard times and he would like to see fewer regulations because he thought it would help business. He thought the thousand feet restriction was excessive. Councilmember Trude noted she has lived in other cities and has seen some of the issues come up because they have more business districts. She thought an issue with having a liquor store by a daycare or school is that some people that go in to purchase are already inebriated and people do not feel that children should see this. Another issue is that people who are of the age that can purchase alcohol will purchase it and then pass it off to people who are not of the age. She sees this as a zoning issue and if it is zoned for commercial and business then the liquor license does allow them to look at some of these things. She would not do a big change without public input. Councilmember Jacobson thought this should go before the Planning and Zoning Commission for a public hearing and review to get their recommendation to bring back to the City Council. Councilmember Bukkila agreed. Mayor Gamache did think they needed to go back to the Planning and Zoning Commission but thought they should get some Council guidance. He stated he would be in favor of changing the zoning district for liquor licenses in the neighborhood business areas for restaurants. He stated the shopping center district is not bad for restaurants since they are usually on busy corners and he would reduce the distance to be the same as churches. Councilmember Knight asked what the magic number is. Councilmember Bukkila stated if someone wants liquor bad enough they will drive anywhere to get it. Councilmember Trude stated there are policy reasons to have these areas separated and she thought the public was concerned about people who consume a lot of alcohol being near children or activities where children are at. She thought the thousand foot distance was because of the size of the lots and other cities are at 400 feet. She wondered if they should allow liquor in the shopping center districts and then it is a "tenant beware" situation for a church or school to lease at a shopping center because they choose to go into a location. Councilmember Knight asked if a liquor store was in a shopping center and a school came in would the liquor store have to leave. City Attorney Baumgartner stated they would not since the liquor store was there first and the school chose to come in after the liquor store was in there. It would be different if a school was there first. Mayor Gamache thought they needed to look at their neighborhood business areas as being suitable with a CUP for the on -sale liquor and he would also be in favor of looking at reducing the one thousand foot limit and basing it more on the distance that they have for churches. 30 Regular Andover City Council Meeting Minutes —October S, 2010 Page 6 Councilmember Trude wondered what the City Attorney thought about the distance between churches and schools and the package stores and what the legislative intent was. City Attorney Baumgartner thought it was more perception than anything else. Councilmember Jacobson stated the last couple legislative sessions have had discussion regarding allowing grocery stores to sell liquor and how would that affect them. City Attorney Baumgartner stated it would change things and they would have to allow it but they could regulate it to an extent. Motion by Jacobson, Seconded by Bukkila, to remand this to the Planning and Zoning Commission to hold a public hearing, sending the minutes of this item to them for review. Councilmember Trude asked if the Planning Commission should look at the distance and zoning. Councilmember Jacobson stated that is what he wanted them to look at also. Councilmember Trude stated her goal would be able to recruit more restaurants that could have an on -sale license. She would not want to encourage more off -sale locations. Councilmember Jacobson stated he wanted to make sure that if something is done it will not degrade the area or areas around it. Councilmember Trude stated the whole issue of tenants in a shopping center being able to control the use troubles her and if they have an area that is strip mall zoned that would normally allow a restaurant serving liquor would not be allowed if a church or school were in there. Motion carried unanimously. EDA MEETING The Council is requested to schedule a eti meng at 6:00 p.m. bb re`fhe October 19, 2010 City Council meeting. Motion by Jacobson, Seconded by Knip _to-sc ePi dule an EDA meeting at before the October 19, 2010 Council me et N%tion carried unanimously. ADMI RATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, CIP Projects and development activity. MAYOR/COUNCIL INPUT 3f Information Sheet N OVE D 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US INFORMATION ON PUBLIC HEARING TO CONSIDER CHANGES TO LIQUOR LICENSING REQUIREMENTS The purpose of this item is to review the city's existing regulations and to determine if changes should be made. If you received this letter you are within the public hearing mailing area of a Neighborhood Business Zone. Maps showing the five areas of the city near Neighborhood Business Zones are enclosed. Currently the city regulates liquor licenses in the following ways: 1. On and off -sale Liquor licenses are allowed in two of the four commercial districts and require a conditional use permit. Zoning District Limited Neighborhood Shopping General Business Business Center Business LB I NB I SC I GB Conditional I Conditional licenses Conditional Conditional Liquor stores. off -sale Not Allowed Not Allowed Use Use Note: Conditional uses require a public hearing with the Planning Commission and approval by the City Council. 2. The process for obtaining a liquor license is also regulated by City Code 3 -113 which provides for investigation of the applicant, insurance requirements, annual renewal and fee, compliance with state and local health and food handling regulations, prohibition on transfer of license, and procedures for review and revocation. 3. Additionally, both on and off -sale liquor licenses are prohibited if the building or leased space is within one thousand feet (1,000) of any public or private school or within four hundred feet (400') of any church. The measurement being from building corner to building corner. In addition to reviewing all of the liquor licensing requirements, the following items have been specifically identified for discussion: 1. Should liquor licenses be added as a conditional use in the Neighborhood Business Zoning District? 2. Should the 1,000 foot setback from schools be reduced? 3 Z V L W r L r a� 0 �o m co s c � c 3 0 N U is 0 r 0 C C CCG 0 0 m U v U)s i LL a) () a) O LL W LL 0 O `O 0 Qi Q% Qi m m m m M� M W U t t :3 U N 'U L C N m N N C O o (D m U u� O L N m C C m 0 c F � (a (0 N J z u) () m O m z cU) C7 o- School and Church Buffers with Affected Commercial Zoning Districts School Buffer 1000 Feet School Buffer 500 Feet School Buffer 400 Feet Q Church Buffer 400 Feet Zoning LB - Limited Business - GB - General Business NB - Neighborhood Business r I - Industrial SC - Shopping Center M Potential Future Commercial School and Church Buffers with Affected Commercial Zoning Districts 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US To: Mayor and Council Members CC: Jim Dickinson, City Administrator David Berkowitz, Director of Public 4,rksICity Engineer From: Kameron Kytonen, Natural Resources Technician Subject: Fence Placement Request/16474 Ventre Street NW— Engineering Date: December 7, 2010 INTRODUCTION The City has a fence permit application process, which helps garner responsible fence installation. Andover residents or their hired contractors submit applications, which are reviewed by City staff. City Code has regulations on fence materials, heights allowed and where fences can and cannot be placed. Fences are not allowed in drainage and utility easements with drainage ponds, above or underground utilities or those needed for access by the City. DISCUSSION Reggie Huffman, property owner of 16474 Ventre Street NW, would like to install a 4- foot chain link fence. He would like to install the fence all the way back to his west property line (outside the delineated wetland). City Code prohibits fence installation in this rear yard easement because the area is a drainage pond. The 100 -year flood comes close to the edge of the easement. Mr. Huffman has requested to discuss this with the City Council to allow him to install the fence within the drainage and utility easement. ACTION REQUESTED Staff requests direction from the City Council on how to proceed with this request because it is not allowed by City Ordinance and City Policy. Respectfully submitted, ameron K o en Natural Resources Technician Attachments: City Code 12 -7, "Residential Fencing Requirements" and "Easement Restricts" handouts�ertificate of Survey showing proposed fence location and aerial photo Cc: Reggie Huffman, PO Box 61, Anoka, MN 55303 Cyat\�:�i7 FENCES AND WALLS SECTION: 12 -7 -1: Permitted Use 12 -7 -2: Locations 12 -7 -3: Fence Height 12 -7 -4: Performance Standards 12 -7 -5: Barbed Wire and Electric Fences 12 -7 -6: Exemptions From Provisions 12 -7 -1: PERMITTED USE: Fences, walls, hedges and similar barriers (herein referred to as fences) shall be permitted in all yards subject to the provisions of this chapter. A permit is required for the construction of all fences or walls that are located on, in, or near any property line, drainage and utility easement, or wetland in the City of Andover. A permit application shall be submitted for review by the Engineering Department and an application fee shall be paid as outlined in Chapter 1 -7 -3 of this code prior to the issuance of any permit. (Amend. 12/6/05, Ord. 317) 12 -7 -2: LOCATION: A. Fences shall be located entirely on the private property of the individual constructing the fence. Fences may be placed up to the property line. It is the responsibility of the property owner to determine the location of property lines. Fences may be located in any private yard or along a side or rear property line, except as follows: 1. No fence shall be placed in the public right -of -way. 2. Fences shall not be placed in any utility easement where any under ground utility is present. Fences may be placed within other utility easements so long as they do not interfere in any way with existing under ground or above ground utilities. The existence and location of private utility easements and equipment must be determined by contacting Gopher State One Call. 3. Fences shall not be constructed or placed in such a manner so as to obstruct the flow of water to or through drainage areas, ponds, or wetlands. Fences shall not be placed in easements that provide vehicle access for the maintenance of drainage, ponding, or wetland areas. 4. No fence shall be constructed so as to enclose, hinder, or restrict access to utility boxes, fire hydrants, or any other above ground utilities. 5. Fences on corner lots shall not encroach upon the Clear View Triangle as defined in Section 12 -2 -2 of this code. B. Any fence placed in violation of this section shall be the liability of the property owner who constructed it. The City, or any other agency having authority to work in a right -of -way or easement area, shall not be liable for repair or replacement of such fences in the event they are moved, damaged, or destroyed by virtue of the lawful use of that area. Any damage caused by the illegal placement of a fence shall be the responsibility of the property owner who constructed it. 12 -7 -3: FENCE HEIGHT: A. In the rear and side yards up to the front fagade of the principal structure, fences up to a height of six (6) feet are allowed. (Amended Ord. 386, 8/5/09) B. Fences located closer to the front property line than the principal structure, shall not exceed four (4) feet in height. In the R -1 Single - Family Rural Residential and R -2 Single - Family Estate zoning districts, "ornamental fences ", as defined in Section 12 -2 -2 of this title, of up to six (6) feet in height are permitted in all yards, provided the fence does not encroach upon the Clear View Triangle as defined in Section 12 -2 -2 of this code. (Amended Ord. 386, 8/5/09) 12 -7-4: PERFORMANCE STANDARDS: A. Construction and Materials: Every fence shall be constructed in a workmanlike manner. For all fences constructed after the adoption of this title, all posts, supports, and framework shall be placed on the inside of the fence, with the finished side facing the abutting property or street. Fences in all districts shall be constructed of materials widely accepted in the fencing industry. No plywood boards, canvas, plastic sheeting or metal 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Residential Fencing Requirements This handout is provided to assist property owners in the process of constructing a fence on their property. It is important to become familiar with the standards for fences to ensure that they are properly located. If you have any questions related to fence location or construction, please contact City Hall. BEFORE YOU START: • Permits- A permit is required to build a fence or retaining wall that is in, on, or near any property line, easement or wetland. The fence /retaining wall permit application is available at City Hall or on the City's website under the links "City Departments" "Engineering." Contact the City Engineering Department for details. • Covenants- The City of Andover does not enforce private fence covenants. You should contact your homeowners association or the developer to determine if there are private covenants regulating fencing in your neighborhood. • Property Lines- It is the property owner's responsibility to determine property lines prior to installing a fence. You can locate your property lines using a Certificate of Survey of your property and a metal detector (if'necessary) to find your property irons, or a private surveyor can locate them for you. • Gopher State One Call- Before you start digging, you must contact Gopher State One Call to determine if there are any underground utilities or private utility easements on your property. This can be done on the web at www.gopherstateonecall.org or by calling 651 - 454 -0002. MAXIMUM FENCE HEIGHT: • Rear and side yard -6 feet. • Front yard -4 feet. 13C3lJLEVARE3 Rear X�rd 0 Side Yard Q Adiacentto Street, Side, °t Yard ,Yard Frp t= �ntYard Where you CAN place your fence: • On your property up to the property lines, except as listed below. Where you CANNOT place your fence: • In drainage and utility easements where above or below ground utilities are located or where access is needed by the City (Vehicle Access Easement) (see the "Easement Restrictions" handout for more information). j' • In wetlands, ponds or open water. • In the City boulevard, County right -of -way and in the case of corner lots, inside the CLEAR SIGHT TRIANGLE. To find the sight triangle, locate your property pins at each end of the radial curve and measure two feet back along your property line; connect these two points. (See the "Boulevard Restrictions" handout for more information). CONSTRUCTION: • All fences must be constructed in a workmanlike manner. • All posts and braces must face inward, with the "finished" side facing adjoining property or streets. • All fences must be constructed of materials widely accepted in the fencing industry. No plywood, canvas, plastic sheeting, metal sheeting, barbed wire, chicken wire or similar material shall be used for any fence construction. No fence shall have planks, panels or boards wider than twelve inches (12 "). If you are unsure, please call the City and ask. • Chain link fences must be constructed so as to have the barbed end at the bottom of the fence. MAINTENANCE: • All fences must be maintained in good condition and vertical position. Any missing, incomplete or deteriorated sections of fencing material or structural elements must be replaced in a timely manner with the same material and workmanship. • All wood surfaces, other than decay resistant woods, must be protected from the elements and decay by a protective covering or treatment. If 25% of the surface is peeling, cracked, chipped, blistered, grayed or weathered beyond effectiveness, the exterior surface must be refinished. (This applies to both sides of the fence- if this means going on someone else's property, be sure to get their permission first!) OTHER THINGS TO REMEMBER: • This handout is a summary of the City Code. For complete regulations, please see City Code 12 -7 (Fences and Walls). • If you fail to meet the requirements for fence construction or maintenance, you may be required to remove your fence at your cost. • You must submit a fence permit application and receive approval BEFORE you begin work on your fence. Please call City Hall if you have any questions. •A / / 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Easement Restrictions This handout is provided to assist property owners in the process of planning any home improvements involving easements. Check if easements are being utilized for access purposes with the City and Gopher State One Call at 651 - 454 -0002 about underground utilities. If you feel your property has a unique condition that makes these rules too restrictive, you may check with City Staff about your specific case. FENCES AND TREES: • Are not allowed in easements with drainage ponds, above ground or underground utilities or those that are needed for access. For further fence regulations, see the "Residential Fencing Requirements" handout and City Code 12 -7 (Fences and Walls). This can be found at the City's website. RETAINING WALLS, PERMANENT PLAYSETS OR OTHER PERMANENT STRUCTURES: • Are not allowed in easements. Exceptions exist under some circumstances. See City Code 12 -7 (Fences and Walls) and 12 -6 (Accessory Buildings and Temporary Structures) for more information. IRRIGATION AND PORTABLE PLAYSETS: • Allowed in easements, although the City is not responsible for damage if maintenance of any utilities are required. LANDSCAPING: • Allowed as long as the volume of material, which may displace water, remains constant to avoid potential flooding problems. If you have any questions related to what is allowed in the easement, call the Planning or Engineering Department. b i r4 n� e�W V TNT^ V1 6, .— - - - - - r (NOLL0fiaSN00 FM Nn SI 1332LLS) BWO ON 3 ,, Lt,t 1000 N m 8L'S8Z o CIO -- - -- -- — ----- - - - - -� N / tV Y W Mj N Ya m „1 L4� ml01 I = o m AVM3AIa0 n N z 0,0,- 0� wao� m 69� J -- - - - - -- m W m N O m W I I I I rrV^J I t N 3ovavo m m LU C-3 tL n u co O O ` C C, d _ CO L7 u w Cc! zzc O C M- O'Slo I. a I I a a -- m-- t--- -- ---- -- --- - - - -I- •-I m I I I I I a I lol � of n m I � � 3SflOH Q3SO808d x X N I C5 0'Sl I m 66,9;2 M,• lt,t 400S m m x X m m S'8L8 �Z X LU �n Oco N r m X X a � I — O �J 40 I `tP : ^ _- LU C-3 tL n u co O O ` C C, d _ CO L7 u w Cc! zzc O C M- O'Slo I. a I I a a -- m-- t--- -- ---- -- --- - - - -I- •-I m I I I I I a I lol � of n � Y) v x X — — — — — — — — — — — - 66,9;2 M,• lt,t 400S m m - 1N3W3SV3 A1mn ONV 30VNIVNO s z w- Au mi .. q 3x= i.a n x 91*90� M„ lt,t 00S O W CEO cp cs co W O 07 CO b �r G �J 4e• -.._ iL 1 r;7 R � � I fr r- " !I W CEO cp cs co W O 07 CO b �r G 1 t j �. h 4 l µ ♦ i _ ' ` s r ,,�,j( ," 1•lr, ,m:E {Ri3e�r; ;� , . ... .fit ?` - at � a'i.;a �'Y: �!:'- .x"<E. 9 NDOVE c i 'r Y 0 F v*6-6q--^ Incorporated 1974 Location Map 16474 Ventre Street NW 16806 0 (0 CO (D 11751 a 16737 e .... . ..... . 16717 167TH AVE Z 16665 .. . ......... ....... . 4643 5131 151 M53 'V11047 16644 166 H L N ....... m 4756 ts ...... . .... 4880 4644 a 4755 4725 m .... ....... .... ......... . ..... 4681 4643 4813 16548 161 m i ..... ....... . . ... ..... vmm i Cr, �R 4756 16615 16512 4991 16515 16512 16518 16121 4644 ..... . . ........ ...... . ...... .. .... ..... 16508 18453 1 6 4 5 ... ..... ....... .. .... ..... . . . . .... ...... ... .. .. ... 165TH AVE 2 16491 16444 11 1. 11 . 1 11 1 1. 16481 16474 4140 1 4923 4877 4829 16480 16424 OTH L Q 164T 4,UC--� - 16404 2, �a F 16424 16411 -F, 4970 4918 4864 1 4828 Subject Property "69 6000 4843 4816 F- m 4637 N W- E a � a e 4643 164 .. . D.LN ....... 4756 4726 112'0 4880 4644 4614 4755 4725 6140 4681 4643 4813 161 ST LN 4756 4726 16120 16121 4644 4614 4755 4725 16100 � 4881 4643 4615 OTH L 1� 4754 16037 � 16036 M37118030 16037 N W- E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WW I.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Deve in t Director,, FROM: Courtney Bednarz, City Plannet SUBJECT: Discuss Potential 2011 CDBG Applications - Planning DATE: December 7, 2010 INTRODUCTION . 2011 CDBG applications are due at Anoka County on January 13, 2011. The city needs to determine if it will submit applications for this round of CDBG funding. DISCUSSION The Council was successful in obtaining $300,000 in funding for the 138th Avenue /Xavis St NW water main project this year. The project will be completed for less than that amount so it is possible that approximately $45,000 could be available for transfer to another qualifying project. If the Council is interested in submitting applications for additional funding through the 2011 process, this is the time for those ideas to be discussed. This allows time for program ideas to be explored and brought back to the Council for discussion at the December 21St meeting and authorization at the January 4th meeting. CDBG Program Criteria The attached information from the Anoka County web site provides a summary of CDBG program criteria. Due to the competitive nature of the application review process, any application that does not benefit low to moderate income people will have difficulty being funded. Descriptions of the various CDBG planning and project applications submitted from cities throughout the county are also attached. Project Ideas Water Connection Assistance With the 138th Avenue/Xavis St NW water main project completed, there is potential for 53 residential dwellings to be connected to the municipal water system. The city could submit an application for a program that would provide financial assistance for qualifying (low to moderate income) households. It is estimated that the cost is approximately $8,000 to connect both units of a twinhome and $16,000 to connect a four unit building. Acquisition/Demolition CDBG funds could be used to assist the city in purchasing and demolishing the vacant gas station at Valley Drive and 7th Avenue NW. With a $300,000 grant maximum, CDBG funds would be a small component of a larger project that would require ai additional city funds. Acquisition, demolition, disposal and restoration would likely approach $1 million. Housing Rehabilitation Revolving Loan Fund The city's housing rehabilitation loan fund is nearly fully utilized with four active loans. If there are no other projects to utilize the remaining funds from the water main construction project the city can request that these funds be transferred to the housing rehabilitation program. Council Initiated Ideas The Council is asked to share any ideas they may have for CDBG projects. ACTION REQUESTED The Council is asked to discuss CDBG project ideas. Attachments CDBG Program Criteria 2010 CDBG Planning and Project Application Summaries CDBG requirements Page 1 of 2 Community Development > Doing Business with Community Development > Funding and Financing Opportunities > Community Development Block Grant (CDBG) funding General CDBG Program Requirements While there are many aspects to consider when selecting potential CDBG program activities, three key questions need to be asked and answered in order to determine if CDBG funds may be used: Step 1 - Does the activity fit one of the categories listed as an eligible activity? • Acquisition of Real Property • Disposition of Real Property • Public Facilities and Improvements • Clearance /Demolition • Public Services • Relocation • Loss of Rental Income • Privately -owned utilities • Rehabilitation • Construction of Housing • Code Enforcement • Special Economic Development Activities • Microenterprise Assistance • Homeownership Assistance • Planning and Capacity Building • Other Miscellaneous Activities (i.e., Accessibility Improvements, Technical Assistance, Housing Assistance, etc.) Step 2 - Does the activity fall within a category of explicitly ineligible activities, despite its apparent inclusion in an eligible activity category? • Buildings or portions thereof, used for the General Conduct of Government • General Government Expenses • Political Activities • Purchase of Equipment • Furnishings and Personal Property • Operating and Maintenance Expenses • New Housing Construction • Income Payments Step 3 - Does the proposed activity meet one of the National Objectives of the CDBG program? • Benefiting low- and moderate - income persons 3 http : / /ww2.anokaeounty.us /v3_cd/ doing - business /CDBGrequirements.aspx 11/23/2010 CDBG requirements Page 2 of 2 Preventing or eliminating slums or blight • Meeting an urgent community development need Additional things to consider: • CDBG funds are intended to be used to start a new program /project, expand an existing program /project, or fund a new service of the program /project. • CDBG funds are NOT intended to be used to fund the on -going expenses of an existing program /project. • The County is required to ensure that a minimum of 70% of the funds are used to benefit low- and /or moderate - income persons. • Proposed project/program costs of the activity must be necessary and reasonable, and conform to HUD requirements. • HUD limits the amount of the grant that can be used to fund public services and /or planning projects. • The County must ensure that funds are awarded in such a manner as to meet the goals and objectives outlined in the Consolidated Plan. 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CD ui _PF_ 5 ca CL) Y, M: W — = M 0 m (a 0 �O E W LIO 3� (D CU 0 W 0 o CD M.2 = �= 2 fl CL 0 (D 0 (D CL (L) xm 4) M CD = —1 -_ W 0 0 0 (D E < 3: cu 'a CL w = 0) m Cj o_,2 C') AM , a) .1..! m R E E ca ca — 0)� W 01 R C 2 0 :5 C13 10 a E :F 75 C4 0) r :5 IN - C9 w LL U_ m L� C=) C:, tr U_ m Of 5: ft: 0 m 0 co LO co (D ui (D ni a5 P U) iz C9- F� Cl? IWO Ca 4) C 2 E ID 0 w >1 0 L to CL W 0 0 > >1 4) > D 0 (J) LO CO co rn 0 2 ca ca (all ?CN D6 06 WE 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 FROM: Will Neumeister, Community Development Director SUBJECT: Schedule Commission Interviews — Administration DATE: December 7, 2010 INTRODUCTION The Council is requested to select a night to conduct interviews of the residents who have submitted applications for the various commissions that have vacancies. The vacancies include: • Park and Recreation Commission - two openings to fill. • Open Space Commission - two openings to fill. • Planning Commission - three openings to fill. • Community Center Advisory Commission - one opening to fill. Residents have until Dec. 10th to submit, thus we have not provided any copies of the applications at this time. The November /December City Newsletter put out the request for applications. Three existing commissioners have reapplied for the Planning Commission and two others have submitted for consideration to serve on the Planning Commission. Two have submitted for consideration to serve on the Open Space Commission, but one of them only wants to be considered if no existing commissioners re- apply. No one has applied for the Community Center Advisory Commission. Only one has applied for the Park Commission to date. ACTION REQUESTED Staff requests the Council select a night to interview applicants for the various commissions to fill the openings. Respectfully submitted, Will Neumeist -- 'I') Attachments Newsletter Announcement PARK & RECREATION COMMISSION The City is seeking two individuals to serve 3 -year terms on the Park & Recreation Commission. The Commission serves in an advisory capacity to the City Council and reviews matters concerning park and rec- reation programs, park dedication require- ments for new developments and proposed new park construction projects. Individu- als seeking to fill the vacancies must have interest in public policies, willingness to learn, problem solving and communication skills and be able to contribute to positive decision making. The Commission mem- bers are compensated and meetings are held the first and third Thursday of each month in the evenings. For more informa- tion, please contact Todd Haas, Assistant Public Works Director at (763) 767 -5131. PLANNING & ZONING COMMISSION The City is also seeking three individu- als to serve 3 -year terms on the Planning Commission. The Commission serves in an advisory capacity to the City Council and 0 O 1685 Crosstown Blvd: N.W. Andover, MN 55304 DATED MATERIAL VACANCIES reviews matters concerning City planning and development issues. The Planning Commission members are compensated and meetings are held the second Tuesday of each month in the evenings. For more information, please contact Courtney Bed - narz, City Planner at (763) 767 -5147. OPEN SPACE COMMISSION The City is also seeking three individuals to serve 3 -year terms on the Open Space Commission. The Commission serves in an advisory capacity to the City Council and reviews matters concerning preservation of open space issues. Commission members are compensated and meetings are held on the second Wednesday of each month in the evenings. For more information, please contact Courtney Bednarz, City Planner at (763) 767 -5147. ANDOVER COMMUNITY CENTER ADVISORY COMMISSION The City is also seeking one individual to serve a 3 -year term on the Andover ECRWSS RESIDENT Andover, MN 55304 YMCA Community Center Advisory Commission. The Commission serves in an advisory capacity to the City Council. The commission meets the 2nd Monday of each month and there is no compensation for this position. For more information contact Erick Sutherland, Recreational Facilities Manager at the Andover YMCA Community Center, (763) 767 -5166. Advisory Commission applications may be obtained at City Hall or on the City website at www.ci.andover.mn.us Deadline is 4:30 p.m., Friday, December 10, 2010. Applicants will be interviewed by the City Council in January. POSTMASTER: TIME SENSITIVE MAIL PRSRT STD U.S. Postage PAID Permit No. 26 Andover, MN 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 Council Members Jim Dickinson, City Administrator Schedule December EDA meeting December 7, 2010 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the December 21, 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. Discuss /Adopt 2011 EDA Budget 4. Monument Entrance Sign Discussion 5. Schedule EDA Goal Setting Meeting 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the December 21, 2010 City Council meeting. (iD • 6NDOVEA 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 Council Members Jim Dickinson, City Administrator Schedule January Council Workshop December 7, 2010 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of January for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general January workshop have been identified as follows: 1. 2010 Budget Implementation Progress Report & Monthly Investment Report 2. 2011 Budget Implementation Strategies Discussion 3. Discuss the Concept of an Administrative Fines Process 4. Discuss 2011 City Council Goals 5. Public Works Department Update 6. Other Topics Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule a January Council workshop a suggested date is January 25th at 6:00 p.m., or another date and time acceptable to the Council. ND OVE: 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 Council Members Jim Dickinson, City Administrator Schedule January HRA meeting December 7, 2010 INTRODUCTION C� The Council is requested to schedule a Housing and Redevelopment Authority (HRA) meeting at 6:30 pm before the January 4, 2011 City Council meeting. DISCUSSION Tentative agenda items for an HRA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Organizational Items 3. 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 HRA meeting at 6:30 pm before the January 4, 2011 City Council meeting. (2k C I T Y 0 F i) r kNDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: December 7, 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 December 7, 2010 City Council Meeting DATE: December 7, 2010 The City Council is requested to receive the following supplemental information. Consent Items Add On item. Approve 2011 Liquor License /Tanners Station (Supplemental) - Administration Add On Item. Consider Approval of Premises Permit/Pov's Sports Bar /Andover Huskies Youth Hockey Association (Supplemental) - Administration A IND 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 City Council Jim Dickinson, City Administrator Michelle Hartner, Deputy City Clei.. Approve 2011 Liquor License /Tanners Station (Supplemental) December 7, 2010 INTRODUCTION Tanners Station, 13655 Martin St. NW liquor license expires on December 31, 2010. DISCUSSION Tanners Station has applied for renewal of their licenses and paid the appropriate fees: On -Sale Intoxicating Liquor Sunday Liquor 2:00 a.m. Closing The Sheriff's Office has completed their background investigation. ACTION REQUIRED The City Council is requested to approve the above licenses for the period January 1, 2011 through December 31, 2011. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License application °T °` Minnesota Department of Public Safety a S Alcohol and Gambling Enforcement444 Cedaz Street, Suite 222 '�°`°' ""�s St. Paul, MN 55101 651- 201 -7507 • TTY 651- 282 -6555 • Fax 651- 297 -5259 RENEWAL OF LIQUOR, WINE, CLUB OR 3.2% LICENSES No license will be approved or released until the $20 Retailer ID Cud fee is received by MN Liquor Control • (3.2% Licenses exempt) Licensee: Please verify your license information contained below. Make corrections if necessary and sign. City Clerk/County Auditor should submit this signed renewal with completed license and licensee liquor liability for the new license period. City Clerk/County Auditor are also required by M.S. 340A.404 S. 3 to report any license cancellation. License Code License Period Ending 1. c , /3 1 2F -A 21 2-.4' City /County where license approved. An d o v t,; v, Licensee Name R GW Inc-. Trade Name Tcannerii Station Licensed Location address 1.:2165' 11ar°%in S'l. City, State, Zip Code Anclover%, MIN 551 "304 Business Phone LICENSE FEES: Off Sale $ On Sale $ Sunday $ �1. oo 525;f� ��1. x'.4`.141, lz� By signing this renewal application, applicant certifies that there has been no c ange in ownership on the above name licensee. For changes in ownership, the licensee named above, or for new licensees, full applications should be used. See back of this application for further information needed to complete this renewal. Applicant's signature on this renewal confirms the following: Failure to report any of the following will result in fines. 1. Licensee confirms it has no interest whatsoever, directly or indirectly in any other liquor establishments in Minnesota. If so, give details on back of this application. 2. Licensee confirms that it has never had a liquor license rejected by any city /township /county in the state of Minnesota. If ever rejected, please give details on the back of this renewal, then sign below. 3. Licensee confirms that for the past five years it has not had a liquor license revoked for any liquor law violation (state or local). If a revocation has occurred, please give details on the back of this renewal, then sign below. 4. Licensee confirms that during the past five years it or its employees have not been cited for any civil or criminal liquor law violations. If violations have occurred, please give details on back of this renewal, then sign below. 5. Licensee confirms that during the past license year, a summons has not been issued under the Liquor Liability Law (Dram Shop) MS 340A.802. If yes, attach a copy of the summons, then sign below. 6. Licensee confirms that Workers Compensation insurance is in effect for the full license period. Licensee has attached a liquor liability insurance certificate that corresponds with the license period in city /county where license is issued. $100,000 in cash or securities or $100,000 surety bond may be submitted in lieu of liquor liabil- ity. (3.2% liquor licenses are exempt if sales are less than $25,000 at on sale, or $50,000 at off sale). f i Licensee , i / /44 G'. � I�OB t SS4 Date' i I �Q 2on (Signature certifies all above information to be correct and license has been approved by city /county.) City Clerk /County Auditor Signature Date (Signature certifies that renewal of a liquor, wine or club license has been approved by the city /county as stated above.) County Attorncy Signature Date County Board issued lic son ignatur ertifies licensee is eligible for license). Police/Sheriff Sig nt, re Date as (Signature certifies licensee 4 assoc t ave not een cited during the past five years for any state /local liquor law violations (criminal/civil). Report violatio on back, then sign here. PS 9093 -10 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304- 4009(763)323 -5000 Fax (763)422 -7503 December 1, 2010 RE. Renewal of Liquor, Wine, Club or 3.2 Licenses, RGW Inc., dba Tanners's ,Station Dear Ms. Hartner: I received the attached Renewal of Liquor, Wine Club or 3.2 % License regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): 1. Raymond Gary Warmuth Certification by the Anoka County Sheriff s Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his /her date of birth. Please note that the above -named individuals may have other - reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sincerely, Er cc d sohn -ied Sheriff psl Affirmative Action / Equal Opportunity Employer I T Y [DO 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval of Premises Permit/Pov's Sports Bar /Andover Huskies Youth Hockey Association DATE: December 7, 2010 INTRODUCTION The Andover Huskies Youth Hockey Association has submitted a lease for lawful gambling activity. DISCUSSION The Andover Huskies Youth Hockey Association is proposing to operate a pulltab operation at Pov's Sport Bar. The rent to be paid to Pov's Sports Bar by Andover Huskies Youth Hockey Association will be 10% of the gross profits per month. Attached is a copy of the Lease for Lawful Gambling Activity and a resolution approving the premises permit. ACTION REQUIRED Council is requested to consider approval of the premises permit for the Andover Huskies Youth Hockey Association to conduct lawful gambling at Pov's Sports Bar for a period of 2 years. R�espect�f�ully submitted, Michelle Hartner Deputy City Clerk Attach: Lease for Lawful Gambling Activity Resolution Minnesota Lawful Gambling 1/10 Pace 1 of L6214 Premises Permit Application Annual Fee $150 FOR BOARD USE ONLY Check # Organization Information $ 1. Organization name Q kW-r '& D�- � ` - License number 2. Chief executive officer (CEO) / k D ytime phone 3. Gambling managers ` Cc ytime phone Gambling Premises Information 4. Current name of site where gambling will be conducted 5. List any previous names for this location �y I S' 6. Street address where premises is located (Do not use a P.O. box number or mailing address) 7. C, 0 Oownship R County 8. Does Yeyour or L nization own the building where the gambling will be conducted? No If s 0 no, attach LG215 Lease for Lawful Gambling Activity 9. Is any other organization conducting gambling at this site? DYes Wo 0 Don't know 10. Has your organization previously conducted gambling at this site? ,Yes KNo Gambling Bank Account Information (must be in Minnesota) 11. Bank name S, Bank account number 12. Bank street address City State Zip code tjII 1 '�� I-e�� v nnN r o�`�,'', F All Temporary and Permanent Off -site Storage Spaces (for gambling equipment and records related to this site - must be stored in Minnesota) 13. Address (Do not use a P.O. box umber) Ci State Zip code IVIN MN SS Bingo Occasions (including bar bingo) 14. Enter day and beginning /ending hours of bingo occasions (A.M. or P.M.). An occasion may not exceed 8 hours. Day Beginning /Ending Hours Day Beginning /Ending Hours F �to to � to �to to �to -� �U Reset Form Print Form LG214 Premises Permit Application 1/10 Paoe 2 of 2 Local Unit of Government Approval CITY APPROVAL for a gambling premises located COUNTY APPROVAL for a gambling premises located within city limits in a township City name County name Date approved by city council ! / Date approved by county / / Resolution number Resolution number Signature of city personnel Signature of county personnel Title Date ! / Title Date Acknowledgment and Oath 1, I hereby consent that local law enforcement officers, 5. [,am the chief executive officer of the organization. the Board or its agents, and the commissioners of 6. 1 assume full responsibility for the fair and lawful operation of revenue or public safety and their agents may enter all activities to be conducted. the premises to inspect it and enforce the law. 7 I will familiarize myself with the laws of Minnesota governing 2, The Board and its agents, and the commissioners of lawful gambling and rules of the Board and agree, if licensed, revenue and public safety and their agents are to abide by those laws and rules, including amendments to authorized to inspect the bank records of the them. gambling account whenever necessary to fulfill g. Any changes in application information will be submitted to the requirements of current gambling rules and law. Board no later than 10 days after the change has taken effect. 3, 1 have read this application and all information submitted to the Board is true, accurate, and 9. 1 understand that failure to provide required information or complete. providing false or misleading information may result in the 4. All requited information hhas een fully disclosed. denial or revocation of the license. Sign of Chief Executive Offic (designee may not sign) Date ✓name Print✓ Required Attachments Monthly Regulatory Fee If you receive a premises permit for this site, there is a 1, If the premises is leased, attach a copy of your lease. Use LG215 Lease for Lawful Gambling Activity. monthly regulatory fee of 0.1 /o (.001) of gross receipts from lawful gambling conducted at the site. 2, $150 annual premises permit fee, for each permit. The fee is reported on the G1 Lawful Gambling Make check payable to "State of Minnesota." Monthly Summary and Tax Return and paid with the Mail to: Gambling Control Board monthly tax report. 1711 West County Road B, Suite 300 South Roseville, MN 55113 This form will be made available in alternative format (i. Questions? Call 651 - 639 -4000 and ask for Licensing. e. large print, Braille) upon request. Data privacy notice: The information Your organization's name and address work requires access to the information; requested on this form (and any will be public information when Minnesota's Department of Public Safety; attachments) will be used by the Gambling received by the Board. All other Attorney General; Commissioners of Control Board (Board) to determine your information provided will be private Administration, Minnesota Management & organization's qualifications to be involved data until the Board issues the permit. Budget, and Revenue; Legislative Auditor; in lawful gambling activities in Minnesota. When the Board issues the permit, all national and international gambling Your organization has the right to refuse to information provided will become public. regulatory agencies; anyone pursuant to supply the information requested; If the Board does not issue a permit, all court order; other individuals and agencies however, if your organization refuses to information provided remains private, specifically authorized by state or federal supply this information, the Board may not with the exception of your law to have access to the information; be able to determine your organization's organization's name and address that individuals and agencies for which law or qualifications and, as a consequence, may will remain public. Private data about legal order authorizes a new use or sharing refuse to issue a permit. If your your organization are available to: of information after this notice was given; organization supplies the information Board members; Board staff whose and anyone with your written consent. requested, the Board will be able to process your organization's application. Reset Form Print Form Minnesota Lawful Gambling LG215 Lease for Lawful Gambling Activity 1/10 Pagel of2 heck applicable item: 1. New application. Submit lease with new premises permit application. 2. New owner. Effective date Submit new lease within 10 days after new lessor assumes ownership. 3. New lease. (Do not submit existing lease with amended changes). Date that changes will be effective. Submit changes at least 10 days before the effective date of the change. Organization name 41-1 /I /fI4 Address /Sao y�ilUkJA/ License number Daytime phone APODot)076 1411 -54E5 y N-1 floc& A52d 3j_91V3 Name of leased premises Street address city State Davtime phone Y O(/ y5 C! I 'c7(J� -!&)n Y -Laic' I , /I' IP +WAN ..,l MN rZip gG ;D - " ame of legal owner of premises ' Bu ines``�,street address � 9V, city State Zip , f Daytime phone iY t;v Li 2_K t (g "`16 .) W--PS, V 0 5?o Name of lessor (if same as legal Business /street address city State Zip Daytime phone owner, 'te in "SAME" Check all activities that will be conducted Pull -tabs Pull -tabs with dispensing device Qllpboards jZPaddiewheel OPaddlewheel with table EL Bingo Bar bingo Pull -tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.). Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. rpoes, your organization OR any other organization conduct gambling from a booth operation at this location? , Yes J_ No FX � L— — L_ — — —'— — — — — — — — — — — — — — — — — — — — — — — — — --- — J If you answeredyes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: Booth operation - Bar operation - Booth operation and pull -tab dispensing device - Bar operation with pull -tab dispensing device - Booth operation and bar operation - Pull -tab dispensing device only - Booth operation, bar operation, and pull -tab dispensing device i The maximum rent allowed may not exceed $1,750 in total per month for all organizations at this premises. COMPLETE ONE OPTION: COMPLETE ONE OPTION: Option A: 0 to 0% of the gross profits per month. Percentage Option A: 0 to 20% of the gross profits per to be paid % month. Percentage to be paid % Option B: When gross profits are $4,000 or less per month, $0 Option B: When gross profits are $1,000 or less per month, $0 to $400 per month may be paid. Amount to be paid $ to $200 per month may be paid. Amount to be paid $ Option C: $0 to $400 per month on the first $4,000 of gross Option C: $0 to $200 per month on the first $1,000 of gross profit. Amount to be paid $ profits. Amount to be paid $ Plus, 0% to 10% of the gross profits may be paid per month on Plus, 0% to 20% of the gross profits may be paid per month on gross profits over $4,000. Percentage to be paid % gross profits over $1,000. Percentage to be paid % Bingo Rent Bar Bingo Rent Option D: 0 to 10% of the gross profits per month from all _ Option F: No rent may be paid for bingo lawful gambling activities held during bingo occasions, excluding conducted in a bar. bar bingo. Percentage to be paid % Option E: A rate based on a cost per square foot, not to exceed 110% of a comparable cost per square foot for leased space, as New Bingo Activity approved by the director of the Gambling Control Board. No rent may For any new bingo activity not previously be paid for bar bingo. Rate to be paid $ per square foot. confirm the comparable rate and all applicable costs to be paid by the included in a Premises Permit Application, attach iseparate organization to the lessor. The lessor must attach documentation, sheet of paper listing the days and hours that bingo will be conducted. verified by the organization, to wcta Lease Tor Lamm uamUling Lease Term The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board). Management of Gambling Prohibited The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor. will not participate directly or indirectly as a player in any lawful gambling conducted on the premises. The lessor's immediate family will not participate directly or indirectly as a player in a pull -tab, tipboard, or paddlewheel game conducted on the premises. Illegal Gambling The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7865.0220, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that illegal gambling occurred on the premises or that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without payment of rent during the time period determined by the Board for violations of this provision, as authorized by Minnesota Statutes 349.18, Subdivision 1(a). To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75. Notwithstanding Minnesota Rules 7865.0220, Subpart 3, an organization must continue making rent payments under the terms of this lease, if the organization or its agents are found to be solely responsible for any illegal gambling, conducted at this site, that is prohibited by Minnesota Rules 7861.0260, Subpart 1, item H or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. The lessor must not modify or terminate the lease in whole or in part because the organization reported, to a state or local law enforcement authority or the Board, the conduct of illegal gambling activity at this site in which the organization did not participate. 1/10 Page 2 of 2 Other Prohibitions The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling - related equipment and services or in the use of net profits for lawful purposes. The lessor, any person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. The lessor must not modify or terminate this lease in whole or in part due to the lessor's violation of this provision. If there is a dispute as to whether a violation occurred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. Access to permitted premises The Board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor records The lessor must maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record must be maintained for 3 -1/2 years. Rent all- inclusive Amounts paid as rent by the organization to the lessor are all- inclusive, No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to: - trash removal - janitorial and cleaning services - electricity, heat - other utilities or services - storage - security, security monitoring - snow removal - lawn services - in the case of bar operations, cash shortages Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Changes in lease If a change in ownership occurs, the organization will submit an amended lease to the Board within 10 days after the new lessor has assumed ownership. If the lease is amended with no change in ownership, the organization will submit the amended lease to the Board at least 10 days before the effective date of the change. Acknowledgment of Lease Terms I affirm that this lease is the total and only agreement between the lessor and the organization, and that all obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. The lease may be terminated by either party without cause with a 30 -day written notice. Other terms: Date I . Sig" of organization offcik(lessee) Date Print name and title`of Iczssor � _ nt name and title of questions? Contact the Licensing Section, Gambling Control Board, at 651 - 639 -4000. r i ills puoncadon wm oe made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice: The information requested on this form and any attachments will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R102 -10 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER HUSKIES YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING AT POV'S SPORTS BAR, 1851 BUNKER LAKE BOULEVARD NW, ANDOVER, MINNESOTA. WHEREAS, the Andover Huskies Youth Hockey Association has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Pov's Sports Bar, 1851 Bunker Lake Boulevard NW, Andover, Minnesota; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by the City Council approving said permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a premises permit for lawful gambling conducted by the Andover Huskies Youth Hockey Association is hereby approved. Adopted by the City Council of the City of Andover this 7th day of December 2010. CITY OF ANDOVER Attest: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk CITY OF ANDOVER 2010 Monthly Build in Report TO: Mayor and City Council FROM: Don Olson NOVEMBER BUILDING PERMITS Permit /Plan Tax Total _ Valuation 5 Residential $ 14,259.89 $ 578.00 _ $ 14,837.89 $ 1,156,000.00 Single Family 2 6,263.90 _ 261.50 6,525.40 $523,000.00 Septic 3 7,995.99 316.50 8,312.49 $633,000.00 Townhome - 1 Additions 442.28 8.10 450.38 $16,200.00 Garages 2 Basement Finishes 200.00 10.00 210.00 1 Commercial Building 21083.97 73.50 2,157.47 147,000.00 Pole Bldgs /Barns Sheds Swimming Pools Chimney /Stove /Fireplace 2 Changes 157.15 3.80 160.95 7,100.00 1 241.31 3.75 24506 7,500.00 1 94.85 1.20 96.05 2,400.00 Damage Mtruct 22 1,650.00 110.00 1,760.00 5 375.00 25.00 400.00 1 490.79 9.12 499.91 18,240.00 1 Commercial Plumbing 125.25 3.00 128.25 6,000.00 1 Commercial Heating 84.65 1.55 86.20 3,100.00 Commercial Fire Sprinkler - Commercial Utilities Commercial Grading - 43 Total Building Permits $ 20,205.14 $ 827.02 $ 21,032.16 $ 1,363,540.00 PERMITS Permit/Plan Tax Total Fees Collected 43 Building Permits $ 20,205.14 $ 827.02 $ 21,032.16 Ag Building Curb Cut 1 Demolition 100.00 100.00 1 Fire Permits 134.36 134.36 $ 6,514.00 - Footing - Renewal - Moving - - 46 Heating 3,625.00 230.00 3,855.00 7 Gas Fireplaces 525.00 35.00 560.00 31 P lumbing 2,000.00 155.00 2,155.00 95 Pumping 1,425.00 1,425.00 1 Septic New 75.00 75.00 3 Septic Repair 225.00 225.00 2 Sewer Hook -Up 50.00 50.00 2 Water Meter 100.00 - 100.00 I Sewer Change Over /Repair 40.00 5.00 45.00 2 Water Change Over 100.00 10.00 110.00 3 Sac Retainage Fee 63.00 - 63.00 2 Sewer Admin. Fee 30.00 30.00 6 Certificate of Occupancy 60.00 60.00 4 License Verification Fee 20.00 20.00 Reinspection Fee - - 10 Contractor License 500.00 500.00 - Rental License - Single - - - - Rental License - Multi - - - - Health Authority - - - 260 TOTALS $ 29,277.50 $ 1,262.02 $ 30,539.52 $ 1,370,054.00 Total Number of homes YTD 2010 70 Total Number of Homes YTD 2009 42 Total Valuation YTD 2010 $ 18,582,317.81 Total Valuation YTDI 1 2009 $ 11,595,646.00 Total Building Department Revenue YTD 2010 $ 364,915.38 Total Building Department Revenue YTD 2009 $284,365.56