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Home My WebLink AboutCC - April 5, 2011 C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV Regular City Council Meeting - Tuesday, April 5, 2011 Call to Order - 7:00 p.m. Pledge of Allegiance Recognition of Open Space Advisory Commission Member Jody Keppers Resident Forum Agenda Approval 1. Approval of Minutes (2/22/11 Workshop; 3/15/11 Regular; Workshop 3/22/11) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Request for Installation of Ambient Groundwater Quality Monitoring WellslMPCA - Engineering 4. Approve Resolution Authorizing City of Andover to be a Part ofMN Water Agency Response Network- Engineering 5. Approval/Extension of Liquor LicenselTanners Station - Administration 6. Accept RetirementlResignation-Building Permit Technician - Administration 7. Adopt 2012 Budget Development Guidelines - Administration 8. Approval/Extension of Liquor LicenselBeef O'Brady's - Administration Discussion Items 9. Consider Award Bid/II-2b, II-2c & II-2d/2011 Street Reconstruction & 09-18a/lHawkridge Park Trail- Engineering 10. Hold Public Hearing/Order Plans & Specifications/l0-30/Crosstown Drive NW Reconstruction- Engineering 11. Discuss Sign Code - Planning StaffItems 12. Administrator's Report - Administration Mayor/Council Input Adjournment C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: April 5, 2011 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: February 22, 2011 Workshop March 15,2011 Regular March 22, 2011 Joint Workshop with the City of Coon Rapids DISCUSSION The minutes are attached for your review. ACTION REOUIRED The City Council is requested to approve the above minutes. Respectfully submitted, lfn~ Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP MEETING - FEBRUARY 22,2011 7 MINUTES 8 9 10 The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, 11 February 22,2011,6:06 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, 12 Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: City Administrator, Jim Dickinson 17 Director of Public Works/City Engineer, Dave Berkowitz 18 19 20 DISCUSS RESIDENT AIR QUALITY CONCERNS 21 22 Mr. Dickinson explained at the direction of the City Council this issue was sent to workshop. He 23 noted there were two handouts that were given to residents with air quality concerns including 24 fireplace and wood burning stoves and the Ringelmann Smoke Chart. 25 26 Councilmember Jacobson questioned if the stove was permitted and installed correctly, it should be 27 in compliance. 28 29 Mr. Dickinson indicated he did not know how cold it was the day the photos were taken, which 30 could have led to the appearance of more smoke than there actually was. He indicated most of the 31 City's concerns relates to recreational fires and not indoor fireplace fires. 32 33 Mayor Gamache suggested looking into the MPCA warnings and ifthere are anything cities could 34 take and do. 35 36 Mr. Dickinson stated information could be put on the website, but indicated from his perspective he 37 did not believe much else needed to be done. 38 39 2010 BUDGET INTERIM YEAR-END PROGRESS REPORT 40 41 Mr. Dickinson updated the Council on the 2010 year-end progress report. He explained the 42 differences between the 2009 and 2010 budget. 43 44 Councilmember Knight asked in a year where there was a lot of snow removal, was there a set way 45 of projecting for that. Mr. Dickinson responded as an average the City budgeted for approximately 46 ten major snow events. He stated anything over and above, staff tapped into the reserve. He 47 indicated buying the product for filling potholes was not very expensive, but rather it was the labor Andover City Council Workshop Meeting Minutes -February 22, 2011 Page 2 1 that incurred the most cost. He indicated the City had budgeted a certain number of areas that would 2 be overlaid if necessary. 3 4 Mayor Gamache stated the intersection at Station Parkway and Crosstown Boulevard have some bad 5 potholes. 6 7 Councilmember Bukkila noted 161 st A venue, also has bad potholes. 8 9 Mr. Dickinson summarized the 2010 budget carry forwards into 2011 in the amount of$89,000.00. 10 He indicated he hoped to have the final audit by the end of April. 11 12 2011 BUDGET IMPLEMENTATION PROGRESS & JANUARY2011 INVESTMENT REPORT 13 14 Mr. Dickinson summarized the monthly 2011 budget progress. He stated everything is on target. He 15 indicated they were four percent of budget so far. 16 17 Councilmember Bukkila asked if Mr. Dickinson foresaw any drastic changes in 2011. Mr. 18 Dickinson responded he did not. He noted they are forecasting some commercial permits that would 19 get pulled that would push the funds ahead. He indicated after the Spring Parade of Homes, it would 20 be easier to estimate residential permits. He believed it would be a decent year from a construction 21 perspective. 22 23 Mr. Dickinson summarized the investment maturities. He noted the City is only investing in AA or 24 better. 25 26 DISCUSS 2012 BUDGET DEVELOPMENT GUIDELINES 27 28 Mr. Dickinson presented the 2012 budget development guidelines. 29 30 Councilmember Knight asked how the City would be affected by the lower home valuations. Mr. 31 Dickinson responded he did not think the lower home valuations would affect the City as much as 32 people being under water with their mortgages. 33 34 The Council discussed fiscal disparities and LGA. 35 36 2011-2012 COUNCIL DISCUSSION/SETTING 37 38 Mr. Dickinson stated this was review information for Council. He stated staff had been going 39 through everything and trying to find things that made sense to work on. 40 41 Councilmember Jacobson believed the process needed to be done before December 31 of each year. 42 He noted if they started working on the goals by March the year was already one-third gone. Mr. 43 Dickinson noted one reason to have discussion in January was it was unknown who would be on the 44 Council. Andover City Council Workshop Meeting Minutes -February 22, 2011 Page 3 1 2 Councilmember Jacobson recommended reducing the goals down to a few goals and not have pages 3 and pages of goals. He recommended each Councilmember suggest 6 or 8 of the things they want 4 accomplished this year. 5 6 Councilmember Knight stated when there was a long list it brought things to mind even though it 7 might not be an official goal. 8 9 Councilmember Trude stated what was missing from this was that the priorities had not been paired 10 down and she believed it was good to have a cohesive list. 11 12 Councilmember Knight stated one thing that is missing is the new initiative to do cooperative things 13 with other cities and to what degree would the City buy into that. 14 15 Councilmember Bukkila recommended the City work on its reputation and image with businesses. 16 17 Mr. Dickinson stated he liked the idea of the Council submitting their goals. He noted if something 18 did not fit into a goal, it could be a guided discussion instead. 19 20 Councilmember Jacobson stated the Council's job is to develop policies and it is the staffs job to 21 implement the policies. He believed the Council should be focusing more policy and get out of the 22 day-to-day business of the City. 23 24 Councilmember Bukkila stated she would put business and industrial on top ofthe goals to bring in 25 more tax dollars into the City. 26 27 Councilmember Jacobson recommended the Council come up with five or six major goals with 28 action items under the goals and have staff implement the action items. 29 30 Mayor Gamache stated the Councilmembers should submit at a minimum of five and not more than 31 ten goals to Mr. Dickinson by next Tuesday. 32 33 GRA VEL ROAD DISCUSSION 34 35 Mr. Berkowitz explained there are currently 7.5 miles of gravel roads. He indicates some of the 36 roads are more challenging than other roads. He stated the Public Works Committee met to discuss 37 possible options with the gravel roads. He noted one possibility is having different assessment rates 38 of 50/50 split between the property owners and the City. He indicated the only thing that would 39 change is that instead of the City picking up 100 percent of the gravel road; the City would pick up 40 fifty percent. He noted the assessment policy would still be followed. 41 Councilmember Bukkila asked if the assessment could be extended past ten years. Mr. Berkowitz 42 noted the issue was that many people sold their homes within ten years and he did not know if an 43 extension of an assessment would make any difference. 44 Andover City Council Workshop Meeting Minutes -February 22, 2011 Page 4 1 Councilmember Bukkila asked how much did blacktop roads cost versus gravel roads. Mr. 2 Berkowitz stated with a gravel road, it cost approximately $5,000 per mile. He would need to 3 breakdown and amortize the costs for maintenance for blacktop roads as he did not have that 4 information. 5 6 Mr. Dickinson noted certain segments of gravel roads made sense to pave while other gravel roads 7 do not make sense to pave. 8 9 Councilmember Bukkila stated she is not sure she wanted a SO/50 percent policy for gravel roads and 10 wondered if paving the gravel road is worthwhile for the City as a whole. Councilmember Jacobson 11 stated if paving a gravel road is not worthwhile for the City it could be rejected at the Council level. 12 13 Mr. Berkowitz suggested to include a policy on gravel roads and update the assessment policy for 14 approval by the Council. 15 16 Councilmember Bukkila stated she wanted some more numbers on maintenance. 17 18 Mayor Gamache stated the policy should be approved before any letters go out by Mr. Berkowitz. 19 20 OTHER DISCUSSION: 21 22 14Sth Lane NW 23 24 Mr. Berkowitz stated he wanted to discuss no parking on 148th Lane. He stated the City had 25 received a petition from people who did not live directly on the road signed, but lived in a 26 neighborhood that wanted to reinstate parking on the south side of 148th Lane to allow picking up 27 and dropping off oftheir children from Andover Elementary School. 28 29 Mayor Gamache asked if there is a pick-up area on the school property. Mr. Berkowitz 30 responded there is a pick-up area, but it is crowded and that was a concern. 31 32 Councilmember Bukkila asked ifhe had heard from the original petitioners. Mr. Berkowitz 33 responded he has heard that they needed more reinforcement of the no parking as this is still an 34 Issue. 35 36 Councilmember Jacobson stated they could change the parking restriction to state the cars could 37 be parked there between certain times as long as they are in the car. Mr. Berkowitz responded 38 the cars are pushed out of the area by the Sheriff. 39 40 Mr. Berkowitz stated he had never had a petition from someone not directly affected by the no 41 parking. He asked if this should be brought to Council with both sides notified. 42 Andover City Council Workshop Meeting Minutes -February 22, 2011 Page 5 1 Mayor Gamache stated he wants further information from the school as to what they are 2 requesting of the parents picking up their children and how the information is sent out to the 3 parents. 4 5 Councilmember Knight believed it is a flow and time issue. He stated the school should have 6 some input into this as it is part oftheir problem. 7 8 It was the Council's consensus to obtain more information from the school and bring this back to 9 Council. 10 11 Crosstown Drive 12 13 Mr. Berkowitz stated the Crosstown Drive meeting went well. He stated one business owner is 14 concerned about closing the intersection for a couple of months. He stated a few residents had 15 concerns about the volume and the speed of traffic and the ability to turn into their driveways. 16 17 Mr. Berkowitz proposed a way to reduce the traffic in the neighborhood, but noted it lead to 18 some inconvenience for the residents. He indicated it is important to think about the big picture 19 and how everything would flow. 20 21 Councilmember Bukkila believed this would cause more problems and she did not believe it is a 22 good solution. She stated one way streets are outside of the normal driving pattern in a rural 23 setting. She stated this would cause a lot of confusion and would cause accidents. 24 25 Councilmember Knight stated this would be confusing for people. 26 27 Mayor Gamache stated the road would have to be closed during construction so people would be 28 used to not taking the short cut. 29 30 Mr. Berkowitz stated he had spoken with Jane Rose from Anoka County Highway, specifically 31 about this segment of roadway. He stated Ms. Rose indicated the purpose of the road was to 32 have a neighborhood setting and have the through traffic in the other area. He stated that had not 33 occurred though. 34 35 Mr. Dickinson noted the businesses would obviously not like the proposal. 36 37 Mayor Gamache recommended a four-way stop be put in on Crosstown Boulevard, even if it was 38 not warranted. He noted the road was designed for a neighborhood road, which would remove 39 traffic. Mr. Berkowitz stated he could not recommend that as the traffic volumes are not high 40 enough. He stated a four-way stop would not work for this area and there is a liability issue. 41 42 Councilmember Jacobson asked what the County would say abo,ut this. Mr. Berkowitz 43 responded he believed the County would have a problem with it as this road is not supposed to be 44 used as a thoroughfare. , , Andover City Council Workshop Meeting Minutes -February 22, 2011 Page 6 1 2 Councilmember Jacobson stated no matter what the City did, it would be an inconvenience for 3 someone until they got used to it. 4 Mr. Berkowitz stated this road needed to get state aid approval also. 5 6 Mayor Gamache recommended not putting in such a straight road, but more of a curve to slow 7 down the traffic. 8 9 Mr. Berkowitz stated this might reduce the speed, but not the volume. He indicated the only way 10 to enforce the speed limit is to heavily patrol the road. 11 12 Councilmember Jacobson stated he liked staying with the original plan. Councilmember Trude 13 agreed. 14 15 Mr. Berkowitz stated this would be an interim solution, but he is not sure how long the solution 16 would be. 17 18 Councilmember Bukkila stated she wanted to make it simple. 19 20 Mr. Berkowitz stated the Crosstown BoulevardIDrive intersection did not need to be a part of the 21 initial project and instead take public input on the intersection. He indicated a roundabout would 22 work, but he was not sure the cost could be justified. He stated he needed some direction as to 23 how they go forward. 24 25 Councilmember Knight stated his concern with the original plan is it would increase speeding 26 and if they put a bend in the road it would slow traffic down. Mr. Berkowitz stated a bend would 27 not meet design standards. 28 29 It was Council's consensus to move forward with the original layout with a lot of signage and 30 patrol enforcement. 31 32 ADJOURNMENT 33 34 Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting 35 adjourned at 8:43 p.m. 36 37 Respectfully submitted, 38 39 Kathleen Altman, Recording Secretary 40 Ii 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - MARCH 15,2011 7 MINUTES 8 9 10 The Regular Bi-Monthly Meeting ofthe Andover City Council was called to order by Mayor Mike 11 Gamache, March 15,2011,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: City Administrator, Jim Dickinson 17 City Planner, Courtney Bednarz 18 Others 19 20 21 PLEDGE OF ALLEGIANCE 22 23 24 RESIDENT FORUM 25 26 No one wished to address the Council. 27 28 AGENDA APPROVAL 29 30 Addition of item 12a. Opening on Met Council Transportation Advisory Board. 31 32 Motion by Jacobson, Seconded by Bukkila, to approve the Agenda as amended above. Motion 33 carried unanimously. 34 35 36 APPROVAL OF MINUTES 37 38 March 1, 2011, Regular Meeting: 39 40 Councilmember Bukkila requested a correction on page five, line 20 to read: Councilmember 41 Bukkila stated the City Council would consider the factors and if the City Council agreed to pay 50% 42 then they would approach the residents with an offer and then reconsider. 43 44 Motion by Jacobson, Seconded by Trude, to approve the minutes as amended. Motion carried 45 unanimously. 46 47 Regular Andover City Council Meeting Minutes - March 15, 2011 Page 2 1 CONSENT ITEMS 2 3 Item 2 Approve Payment of Claims 4 Item 3 Award Contract/II-14/Tower #IIPainting and Rehabilitation 5 Item 4 Approve Playground Equipment Purchase/Timber Trails Park and Nordeens Park 6 Item 5 Approve Quote/II-22/Andover YMCA/Community Center Shelter 7 Item 6 Approve Agreement with Anoka County/Andover Community Center as a Mass 8 Dispensing Site 9 Item 7 Approve Resolution Adopting an Amended Assessment Repayment SchedulelProject 10 02-33 Andover Station North/1851 Bunker Lake Boulevard NW (See Resolution 11 R023-11) 12 13 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried 14 unanimously. 15 16 17 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT 18 19 Kevin Halweg, Commander Patrol Division/S.W.A.T. from the Anoka County Sheriffs Office 20 provided the Council and the citizens of Andover with an update on law enforcement activities 21 within the City. Commander Halweg noted there have been a number of daytime burglaries. He 22 encouraged residents to stay off the lakes. 23 24 25 PUBLIC HEARING - VACATION OF EASEMENT/LOT 6, BLOCK 1, TIMBER RIVER 26 ESTATES 27 28 Mr. Bednarz explained the applicant is seeking to vacate a portion of an existing drainage and utility 29 easement to allow more room for construction on the lot. The Engineering Department has 30 compared the existing easement with the 100 year flood elevation ofthe floodplain adjacent to the 31 Rum River and determined that more easement exists than is necessary. Staff has evaluated the 32 application and determined there are no obstacles to vacating the drainage and utility easement. 33 34 Councilmember Jacobson asked ifthere is anything that could not be built on this parcel or would it 35 be treated as a standard lot. Mr. Bednarz stated applicable setbacks would need to be met. It would 36 not affect any more ofthe requirements. Councilmember Trude asked if there is a building on the lot 37 and Mr. Bednarz stated it is vacant. 38 39 Motion by Knight, Seconded by Jacobson, to open the public hearing. Motion carried unanimously. 40 41 Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. 42 43 Motion by Knight, Seconded by Bukkila, to approve the proposed vacation of easement. Motion 44 carried unanimously. (See Resolution R024-11) Regular Andover City Council Meeting Minutes - March 15, 2011 Page 3 1 CONSIDER CONDITIONAL USE PERMIT/OUTDOOR STORAGE/ABC MINI STORAGE, 2 13624 HANSON BLVD 3 4 Mr. Bednarz reviewed the applicant would like to utilize the open area along the west side of the 5 site for parking of vehicles and trailers as part of the business. Exterior storage in the Industrial 6 Zoning District requires conditional use permit approval. As part of the review the City 7 compares the site conditions to the current requirements of the City Code. Due to the age ofthe 8 facility (1985) and changes to the City's regulations over the years, there are a few items that are 9 out of compliance with the current City Code. Mr. Bednarz identified three areas of the site 10 which are deficient according to the current City Code. City Code 12-13-8 Paving and Curb 11 Requirements, City Code 12-13-6 Landscaping Requirements and City Code 12-13-8F, Front 12 Yard Parking Area Setback. 13 14 Councilmember Jacobson stated Council can take three actions, approve and grant three 15 variances, deny, or delay action until the MN Legislature makes its decision to allow Cities to 16 grant variances on reasonable conditions. Councilmember Jacobson believes to delay would be 17 the best option since legally right now the Council cannot grant a variance. 18 19 Councilmember Trude suggested there may be a fourth option of granting the CUP if conditions 20 are met. She stated we do not have a lot of history of ignoring the ordinances of landscaping and 21 paving. She does not believe the Council can pick and choose when to adhere to the ordinances. 22 23 Councilmember Jacobson stated personally he would not vote in favor of this due to the fact that 24 millions of dollars were spent cleaning up the junk yards. 25 26 Mayor Gamache stated the only option is to delay. The timetable is not known for the 27 Legislature, but is thought that a decision may be made within the next two months. 28 29 Mr. Kraig Domogalla, representing ABC Mini Storage, 13624 Hanson Boulevard NW, was 30 present at the meeting. He stated he would not have an issue delaying the action. He is looking 31 to add 22 parking spots. Councilmember Trude noted Mr. Domogalla would need to write a 32 letter extending the timeline for the project. Mr. Domogalla would not need to start over and 33 would just come before the Council after the Legislature makes their decision. Mr. Bednarz 34 stated he would work with Mr. Domogalla to draft an extension letter. 35 36 Councilmember Trude stated she may have a problem justifying giving these business variances 37 when neighboring businesses were not given the same variances and had to meet the ordinances. 38 Mr. Domogalla stated the 22 spaces would not bring in a lot of revenue and spending a lot of 39 money on this may not pay. Mr. Domogalla asked if it would make a difference in Council's 40 decision if delayed. He does not want to waste the Council's time nor his. 41 42 Councilmember Bukkila stated she is not in favor of the proposal. She visited the site and feels it 43 would be a visual negative off of Bunker Lake Boulevard. Mr. Domogalla stated he has owned 44 the business since 2004. His property taxes have increased $20,000 since seven years ago. He Regular Andover City Council Meeting Minutes - March 15, 2011 Page 4 1 would like to be able to make this work without spending a large amount of money. 2 3 Mayor Gamache stated he would not be against the proposal because all the outdoor storage 4 would be away from Hanson Boulevard and the slatted fencing would block the site from Grouse 5 Street. 6 7 Councilmember Trude stated the City did help him with the frontage road and Grouse Street 8 access. Mr. DomogaIla stated he only uses the access off Hanson Boulevard. Councilmember 9 Trude referred to the City's Comprehensive Plan and stated Grouse Street is deemed for retail. 10 Mr. DomogaIla stated he does not want it to be a junk yard. He has gotten requests for storage 11 for trailers, cars, boats, rv's, etc. There is currently not such a service within Andover and 12 residents are going to Ham Lake or Blaine. 13 14 Councilmember Jacobson stated there are three members of Council that have expressed negative 15 feelings about the project. Mr. DomogaIla has the option of waiting or having Council vote this 16 evening. Mr. DomogaIla stated he would rather know tonight if the answer is no. He stated the 17 Planning Commission supported his plan. 18 19 Mayor Gamache stated he can understand both sides. He stated there is a need for this in the 20 City. It would be a CUP based on the conditions applied. 21 22 The Council is asked to approve or deny the proposed conditional use permit. If the Council 23 chooses to approve the conditional use permit, please also determine whether site improvements 24 will be required to meet current City Code requirements or whether variances will be approved 25 for one or more ofthe items listed in the packet. If the Council chooses to deny the conditional 26 use permit, please include findings for denial. 27 28 Motion by Jacobson, Seconded by Bukkila, to deny the request and have staff draft a resolution 29 denying the request for a conditional use permit for outdoor storage with variances for ABC Mini 30 Storage located at 13624 Hanson Boulevard NW. Motion carried unanimously. 31 32 Councilmember Trude asked if the applicant is not interested in doing any landscaping. Mr. 33 DomogaIla stated he is open to landscaping the property. He is not willing to put in the curb or 34 asphalt. 35 36 Councilmember Bukkila stated if the request is denied he could not come back for a year. He 37 could revise his plans and come back to the Council. She asked ifhe would prefer the delay. 38 39 Councilmember Bukkila retracted her second to the motion. 40 41 Councilmember Trude seconded the motion to deny the request. 42 43 Councilmember Bukkila stated it is up to the applicant to come back with a plan ifhe wishes. 44 Mr. DomogaIla asked if paving only could be considered without curbing. Mr. Dickinson stated Regular Andover City Council Meeting Minutes-March 15,2011 Page 5 1 if he wants to give a verbal 60 day extension tonight that can be re-evaluated. Mr. Domogalla 2 requested the consideration be delayed for 60 days. 3 4 Councilmember Trude retracted her second. 5 6 Motion by Trude, Seconded by Bukki1a to table consideration for 60 days. Motion carried 7 unanimously. 8 9 10 CONSIDER RECOMMENDATION FOR APPOINTMENT/COON CREEK WATERSHED 11 DISTRICT VACANCIES 12 13 Mr. Dickinson reviewed this item is in regard to recommending to the Anoka County Board of 14 Commissioners an individual or individuals to serve as a manager on the Coon Creek Watershed 15 District (CCWD). There are two managers (Joseph Marvin and Ted Capra) whose terms expire 16 on May 27,2011. Mr. Marvin has requested to be reappointed to serve on the CCWD board. 17 Mr. Capra will not be reapplying as there was a CCWD boundary change and now his residency 18 is now located in the Rice Creek Watershed District. 19 20 The City of Andover has received five (5) requests from individuals that would like to be 21 considered for the board. The individuals are as follows: 22 23 Joseph Marvin - CCWD Term expires at the end of May but has requested to be reappointed. 24 Currently an Andover resident. 25 Carol Abbott - Currently an Andover resident. 26 Michael Von Wald - Currently a Blaine resident 27 Scott Bromley - Has not responded as where his residency is 28 Brad Johnson - Currently a Coon Rapids resident. 29 30 In order for names submitted to the County to be considered a list under the statutory definition, 31 the list must contain the names of at least three nominees eligible to be appointed. 32 33 The City Council is requested to consider submitting a letter recommending an individual or 34 individuals to the Anoka County Board of Commissioners as to serve on the Coon Creek 35 Watershed District board. Mr. Dickinson indicated on a map where those seeking appointment 36 reside. Mr. Brad Johnson was present at the meeting. 37 38 Motion by Jacobson, Seconded by Mayor Gamache, to submit a letter to Anoka County 39 recommending Joseph Marvin, Carol Abbott, and Brad Johnson for appointment to the Coon 40 Creek Watershed District Board. Motion carried unanimously. 41 42 Regular Andover City Council Meeting Minutes-March 15,2011 Page 6 1 CONSIDER RESOLUTION SUPPORTING RECOMMENDATIONS RELATING TO THE 2 COON RAPIDS DAM, AS APPROVED BY THE COON RAPIDS DAM COMMISSION 3 4 The Council is requested to consider a resolution that would support recommendations relating to 5 the Coon Rapids Dam, as approved by the Coon Rapids Regional Dam Commission. 6 7 Mr. Dickinson provided a brief presentation on the request at the meeting, of primary concern to 8 the City of Andover in the opinion of City Administration would be the impacts to the Rum 9 River. To date, the Cities of Anoka, Brooklyn Park, Champlin, Coon Rapids, Dayton and 10 Ramsey have considered resolutions, as have Anoka and Hennepin Counties. Another issue is 11 Asian Carp infestation. The dam would be somewhat of a barrier. 12 13 Council is requested to discuss the merits of adopting a resolution that would support 14 recommendations relating to the Coon Rapids Dam, as approved by the Coon Rapids Regional 15 Dam Commission. 16 17 Mayor Gamache stated he had meetings with the Mayor of Champlin who had some good 18 information about redoing the Coon Rapids Dam and with the addition of fish barriers which 19 would bring the Coon Rapids Dam up to a 99.9% barrier against Asian carp infestation. There is 20 a bill in the House and Senate with bi-partisan support. 21 22 Councilmember Jacobson stated it bothers him to see a bond for $17million. He will reluctantly 23 vote in favor of this. Mayor Gamache stated spending $ 17million now will save much more in 24 the future. 25 26 Motion by Knight, Seconded by Trude, to introduce a resolution supporting recommendations 27 relating to the Coon Rapids Dam, as approved by the Coon Rapids Regional Dam Commission 28 and approve its adoption. Motion carried unanimously. (See Resolution R026-ll) 29 30 31 CONSIDER OPENING ON MET COUNCIL TRANSPORTATION ADVISORY BOARD 32 33 Councilmember Trude stated Councilmember Knight has expressed interest in serving on the 34 Met Council Transportation Advisory Board. Councilmember Trude had staff prepare a letter 35 recommending Councilmember Knight be appointed to the Board. 36 37 Motion by Trude, Seconded by Jacobson, supporting the nomination of Council member Knight 38 to serve on the Met Council Transportation Advisory Board and sign the letter showing support. 39 Motion carried unanimously. 40 41 SCHEDULE APRIL EDA MEETING 42 43 The Council is requested to schedule an Economic Development Authority (EDA) meeting at 44 6:00 pm before the AprilS, 2011 City Council Meeting. A tentative agenda was provided. Regular Andover City Council Meeting Minutes - March 15, 2011 Page 7 1 Motion by Jacobson, Seconded by Trude, to schedule an Economic Development Authority 2 (EDA) meeting at 6:00 pm before the April 5, 2011 City Council Meeting. Motion carried 3 unanimously. 4 5 6 SCHEDULE APRIL COUNCIL WORKSHOP 7 8 The Council is requested to schedule a Council Workshop for the month of April for a number of 9 miscellaneous business items at 6:00 pm on April 26th or another date and time acceptable to the 10 Council. A tentative agenda was provided. 11 12 Motion by Jacobson, Seconded by Bukkila, to schedule a Council Workshop at 6:00 pm on April 13 26,2011. Motion carried unanimously. 14 15 16 ADMINISTRATOR REPORT 17 18 City Staff updated the Council on the administration and city department activities, Legislative 19 topics, update on development/CIP projects and meeting reminders. Mr. Dickinson reminded 20 Council of the Joint meeting with the Coon Rapids Council at Coon Rapids City Hall on March 21 22,2011 at 6:30 pm. March 29,2011 Council Workshop where a bid will be proposed for 22 approval. 23 24 Councilmember Knight asked what the road restrictions are. Mr. Dickinson stated he does not 25 know the specifics. Mr. Dickinson stated we are currently under road restrictions and signage is 26 being put up. 27 28 29 MAYOR/COUNCIL INPUT 30 31 (Flooding) - Mayor Gamache stated Elk River is making sand bags available to its residents and 32 questioned whether Andover had any available. Mr. Dickinson stated there are four pallets of 33 sand bags available, but the City would like to monitor and review each situation. 34 35 (Home Improvement Show) - Mayor Gamache announced the Home Improvement Show is this 36 Saturday starting at 9:00 am at the Community Center. 37 38 (High School Sports Report) - Councilmember Bukkila stated the Coon Rapids Varsity Hockey 39 took 3rd place in State this year and the Coon Rapids Cheerleaders took 2nd place at Nationals. 40 Councilmember Knight - The Coon Rapids Basketball team went into the finals with a record of 41 3-24 and went into the State Tournament. 42 43 (Mass Dispensing Site/or Anoka County) - Mayor Gamache stated Council passed in the 44 consent items that the Andover Community Center would be used as a mass dispensing site for Regular Andover City Council Meeting Minutes - March 15, 2011 Page 8 1 Anoka County in the event of a disaster. 2 3 (League a/Women Voters Forum) - Councilmember Trude stated she hosted a forum with the 4 League of Women Voters and thanked everyone for their support. She provided a brief review of 5 topics of discussion during the forum. 6 7 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 8 adjourned at 8:15 p.m. 9 10 Respectfully submitted, 11 12 Debbie Wolfe, Recording Secretary 13 14 Regular Andover City Council Meeting Minutes - March 15, 2011 Page 9 1 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - MARCH 15,2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ......................................................................................................... 1 RESIDENT FORUM ...................................................................................................................... 1 AGENDA APPROV AL.................................................................................................................. 1 APPROVAL OF MINUTES........................................................................................................... 1 CONSENT ITEMS .........................................................................................................................2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Award Contract/II-14/Tower #llPainting and Rehabilitation..................................... 2 Item 4 Approve Playground Equipment Purchase/Timber Trails Park and Nordeens Park.... 2 Item 5 Approve Quote/11-22/ Andover YMCA/Community Center Shelter ........................... 2 Item 6 Approve Agreement with Anoka County/Andover Community Center as a Mass Dispensing Site............................................................. ...................................................... 2 Item 7 Approve Resolution Adopting an Amended Assessment Repayment SchedulelProject 02-33 Andover Station North/1851 Bunker Lake Boulevard NW (See ResolutionR023- 11) ...................................................................................................................................... 2 ANOKA COUNTY SHERlFF'S DEPARTMENT MONTHLY REPORT ................................... 2 PUBLIC HEARING - VACATION OF EASEMENTILOT 6, BLOCK 1, TIMBER RlVER ESTATES (See Resolution R024-11) ........................................................................................ 2 CONSIDER CONDITIONAL USE PERMIT/OUTDOOR STORAGE/ABC MINI STORAGE, 13624 HANSON BLVD Motion to table................................................................................... 3 CONSIDER RECOMMENDATION FOR APPOINTMENT/COON CREEK WATERSHED DISTRlCT V ACANCIES .......................................................................................................... 5 CONSIDER RESOLUTION SUPPORTING RECOMMENDATIONS RELATING TO THE COON RAPIDS DAM, AS APPROVED BY THE COON RAPIDS DAM COMMISSION (See Resoluton R026-11) ........................................................................................................... 6 CONSIDER OPENING ON MET COUNCIL TRANSPORTATION ADVISORY BOARD ...... 6 SCHEDULE APRlL EDA MEETING ..........................................Error! 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SCHEDULE APRlL COUNCIL WORKSHOP ............................................................................. 6 ADMINISTRATOR REPORT ....................................................................................................... 7 MAYOR/COUNCIL INPUT .......................................................................................................... 7 (Flooding) ...................................... ............... ...... .... ..... ... ..... ................. ........... ......... ... ........... .... 7 (Home Improvement Show)........................................................................................................ 7 (High School Sports Report).......................................................................................................7 (Mass Dispensing Site for Anoka County) ................................................................................. 7 (League of Women Voters Forum)............................................................................................. 8 ANDOVER/COON RAPIDS CITY COUNCIL JOINT WORK SESSION OF MARCH 22, 2011 A work session of the Coon Rapids City Council was called to order by Mayor Tim Howe on Tuesday, March 22, 2011, at 6:30 p.m. in Conference Room #1 at Coon Rapids City Hall. Coon Rapids Councilmembers Present: Denise Klint, Melissa Larson, Paul Johnson, Joe Sidoti, Bruce Sanders, and Scott Schulte Coon Rapids Councilmembers Absent: None Coon Rapids Staff Present: City Manager Matt Fulton, Public Services Director Steve Gatlin, City Engineer Doug Vierzba Andover Councilmembers Present: Mayor Mike Gamache, Don Jacobson, Julie Trude, Mike Knight, Sheri Bukkila, Andover Councilmember Absent: None Andover Staff Present: City Administrator Jim Dickinson, Director of Public Works Dave Berkowitz 1. CALL TO ORDER Mayor Howe called the work session to order at 6:30 p.m. 2. INTRODUCTIONS Mayor Howe welcomed Andover City Councilmembers and staff and thanked everyone for attending the work session. 3. HIGHWAY POLICY Discussion was held on how cities can work with Anoka County on policies for construction projects regarding access onto County roads for businesses, intersection spacing along County roads, and other issues. City Administrator Dickinson stated that Andover, Anoka, and Ramsey staff has been meeting with County staff and there seems to be better understanding of city related issues. City Manager Fulton felt that Kate Garwood, Anoka County, has been good to work with on transportation studies such as the recent study completed for Coon Rapids Boulevard future upgrade. 4. DISCUSSION ABOUT ANOKA COUNTY INTERSECTION SIGNAL COST ALLOCATION FORMULA Discussion was held on the Anoka County Highway Department's policy on city cost shares for County road and signal projects. Most other metro area counties require that cities pay for costs Coon Rapids Council Work Session March 22, 20 II Page 2 of traffic signals based on which legs of the intersection are the city's and which are the County's, with each paying for their own legs of the intersection. Anoka County requires that cities pay for city legs and one-half of County legs, but cities feel this is not fair compared to other metropolitan county policies. City Administrator Dickinson pointed out that other metro counties require that cities pay for a share of right-of-way needed for a county road expansion while Anoka County handles and pays for all the right-of-way. He felt that if cities open the door to discussions with the County on the signal cost-share policy, the County may make other changes and cities could end up paying even more. There was general agreement to leave the current policy alone, including intersection traffic signal cost allocation. 5. TRAIL SYSTEM LINKAGES Maps of the Coon Rapids trail systems were distributed and discussion took place on any areas where the two cities could tie trails together for a more complete system. Coon Rapids' trails or sidewalks exist on all streets that connect to Andover such as Hanson Boulevard, Coon Creek Boulevard, Crooked Lake Boulevard, and Round Lake Boulevard. There was discussion on a possible trail along Coon Creek (the creek) along rear yard areas. Andover felt there was no room or easements within their city to allow for this future trail, adding the trail should follow along existing streets. 6. ISSUES RELATING TO CROOKED LAKE Discussion was held regarding the water quality of Crooked. Lake. The Crooked Lake Area Association, made up of homeowners around the lake, have qualified for a "Star Lakes" award by meeting certain criteria, such as having a lake management plan and having over 50% membership of adjacent landowners. The Association has requested funding from both cities over the years top help pay for weed control. Coon Creek Watershed had been involved with the Association, working on a maintenance plan for the lake. The plan includes annual funding from each city to help pay for lake weed treatment. City Manager Fulton and City Administrator Dickinson felt the Association should probably pay more of the costs, with cities paying less, of the amounts shown in the plan prepared by Coon Creek Watershed District. 7. DISCUSSION ABOUT POTENTIAL SHARED DOG PARK LOCATED ADJACENT TO ANOKA COUNTY COMPOST AREA Discussion was held regarding dog parks in each city. Coon Rapids' dog park within Trackside Park has caused problems for neighbors because of the heavy use, with traffic and parking resulting in complaints from neighbors. Coon Rapids has suggested moving the dog park to Anoka County park land located near the compost site and have the County conduct the maintenance, adding this would be an ideal location as there are no neighbors. Andover reported working with a group to have a dog park near the existing ball fields located west of Hanson Boulevard near the "landfill" site. There would be little or no cost to the city for this as much of Coon Rapids Council Work Session March 22, 2011 Page 3 the fencing is already in place along the ball fields in the outfield area. The group promoting this idea has not been active recently. Coon Rapids would like Andover to join with Coon Rapids and the County to help establish the new dog park in the County park near the compost site in Coon Rapids. After some discussion, Andover felt that this may be a possibility. 8. CITY COLLABORATION: TECHNOLOGY OPPORTUNITIES, FACILITY / EQUIPMENT SHARING, SERVICE SHARING (ADMINISTRATIVE HEARING PROCESS - FINES. HEARINGS) Discussion was held on potential collaboration opportunities, including technology opportunities such as fiber-option broadbrand through Anoka County, facility and equipment sharing, and service sharing such as administrative hearing processes. Both bodies agreed on the importance of city collaboration and agreed to continue exploring opportunities. 9. OTHER BUSINESS There was no other business to come before Council. 10. ADJOURN Mayor Howe adjourned the work session at 8:12 p.m. Respectfully submitted, Matt Fulton & Jim Dickinson City Manager City Administrator @ 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 Directo . FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: April 5, 2011 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $149,160.20 on disbursement edit list #1- 3 from 03/14/11 - 03/31/11 have been issued and released. Claims totaling $110,220.34 on disbursement edit list #4 dated 04/05/11 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUESTED The Andover City Council is requested to approve total claims in the amount of $259,380.54. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, ~/fJ~1 Lee Brezinka Attachments: Edit Lists - ~ 0.. 000 0 000 Z Z z Z Z Z Z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Q.l""'" - ....... ....... ....... ....... ....... ~ ~ ~ ..g ~ .g ~ ~ =!:l I:: s:: i=l s::: ~ s::: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .......-- N~ ~~ ~~O ~~ ~~ ~~O ~~~ ~~ ~;::: di~8 eJ8 0~ 0S::~ il-l U'=t'<o;:f' ()...... (J....-( O('f')C'f1 U....... 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WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator rks/City Engineer '\)l:)Q David D. Berkowitz, Director ofPuo . FROM: Todd 1. Haas, Asst. Public Works Director SUBJECT: Approve Request for Installation of Ambient Groundwater Quality Monitoring Wells/MPCA - Engineering DATE: AprilS, 201 I INTRODUCTION The City Council is requested to approve the installation of two groundwater quality monitoring wells (one at Hawk Ridge Park and one at Lund's North Park) and Access Agreement as requested by the Minnesota Pollution Control Agency (MPCA). DISCUSSION Attached is the following information for your review: . The request from Becca Reason of Peer Engineering who are representing the MPCA regarding this project. (I page) . Information about Enhancing Ambient Groundwater Quality Monitoring in Minnesota. (I page) . Proposed MPCA Property Access Agreement. (2 pages) . Information regarding proposed well #66 to be located in Hawk Ridge Park. (I page) . Information regarding proposed well #70 to be located in Lund's North Park. (I page) The City Attorney and City Engineer have reviewed the access agreement and are in concurrence with the language in the document. The locations of the wells will be located in the field with the Parks Department staff to ensure that the wells will not be in a location that impacts maintenance and any future park use. ACTION REOUIRED The City Council is requested to approve the installation of the two groundwater quality monitoring wells (one each at Hawk Ridge Park and at Lund's North Park) and Access Agreement as requested by the Minnesota Pollution Control Agency (MPCA). Respectfully submitted, ~~ Todd . Haas ./ Attachments: Request from the MPCA, Information about groundwater quality monitoring in Minnesota:'7ess Agreemenr,information on proposed locations of wells in Hawk Ridge and Lund's North Parks From: Becca Reason [mailto:breason@peerengineering.com) Sent: Thursday, February 10, 2011 4:07 PM To: Dave Berkowitz Subject: Monitoring Wells for MPCA Hi David, Thanks for talking with me today about the possible installation of monitoring wells in Andover as part of the Minnesota Pollution Control Agency's Ambient Groundwater Quality Monitoring Networking program. I have attached a fact sheet prepared by the MPCA describing the program. Peer Engineering is a consultant for the MPCA, and we have been contracted to assist with identifying viable permanent monitoring well locations and obtaining access for installation. The goal is to have access agreements in place by mid-March and install the wells between late April and early June of 2011. The MPCA/State are paying all well installation and future sampling costs. Also attached are the two (2) site summary sheets forthe possible well locations at Hawk Ridge Park and Lunds North Park. The locations were identified based on surrounding land use and soil type. The two wells at the parks have a desired land use of residential un-sewered areas within 500 meters of the monitoring well as well as calcareous sandy soil types in the area. The actual well/ocation within the parks can be adjusted based on the city's recommendation and/or future park plans. The general MPCA access agreement for the groundwater quality monitoring program is also attached. This agreement has been reviewed by the State Attorney General. Please use review it and use it in your discussions going forward. If you have any other questions please don't hesitate to contact me. Thanks again for your assistance thus far and going forward. Beeea Reason Peer Engineering 7615 Golden Triangle Dr., Suite N Eden Prairie, MN 55344 Direct: 952.697.0563 Cell: 952.237.9276 Main: 952.831.3341 Fax: 952.831.4552 breason@Deerenllineerinll.com www.oeerengineering.com G Enhancing Ambient Groundwater Quality Monitoring in Minnesota Minnesota For the Clean Water Land and Legacy Amendment Pollution Control Water Quality/Ambient Monitoring #1.05 . December 2009 Agency sand and gravel and Prairie du Chien-Jordan G round water provides drinking water to about 75 percent of Minnesotans and aquifers. Both of these are heavily used for contributes water to stream, rivers, drinking water. Assessments of agricultural lakes, and wetlands. The Minnesota Pollution chemicals are performed by the Minnesota Control Agency (MPCA) monitors the quality of Department of Agriculture. For More Information our gronndwater and protects it from A network of shallow wells tapping the water For additional information contamination in cooperation with other state table is monitored by theMPCA as an early about the MPCA's and local agencies. warning network in the surficial sand and ambient groundwater What Is Ambient Monitoring? gravel aquifers. Groundwater near the water quality monitoring table typically is not used as a source of potable network, contact the Ambient monitoring is one important water supplies and likely does not reflect the MPCA's Ambient component of the MPCA 's groundwater quality of water people are consuming, but any Groundwater Monitoring protection efforts. Data collected from ambient changes in groundwater quality will be detected COordinator in the monitoring activities provide information about fust in these wells. The early warning network Environmental Analysis the general quality of Minnesota's groundwater detects whether human activities may be and Outcomes Division at affecting groundwater quality. 651-296-6300 or and helps identifY whether the quality is getting 800-657-3864. better, worse, or not changing. Ambient The MPCA is enhancing its early warning monitoring involves the sampling of network to improve the assessment of groundwater across large geographic settings groundwater quality conditions and trends and provides a large-scale or "big picture" view across the state. The agency will be installing of groundwater quality conditions across the additional monitoring wells and focuses on state. Ambient monitoring is not conducted typical urban land use settings. The newly- where there is known contamination. constnlcted wells will be sampled annually for non-agricultural chemicals. How Is This Information Used? Data collected from MPCA ground water Clean Water Land and Legacy investigations is valuable to drinking water Amendment protection efforts. This data informs the state's Enhancements to the MPCA's ambient drinking water supply protection efforts, identifies threats to groundwater quality, and groundwater quality monitoring network are guides the development ofbest management funded through the Clean Water, Wildlife, practices to avoid future groundwater impacts. Cultural Heritage and Natural Areas These data are available on-line through the Amendment .On November 4, 2008, Minnesota MPCA's Environmental Data Access system. voters approved this amendment which increased the sales and use tax rate by three- MPCA's Ambient Groundwater eighths of one percent on taxable sales through Monitoring Network 2034. Part of these funds are used to protect, enhance, and restore the groundwater, with at The MPCA's ambient monitoring network least five percent of the funds targeted to focuses on determining the amount of non- protect drinking water source. agricultural chemicals in the aquifers that are most susceptible to pollution from human activities. The network focuses on the surficial wq-am1-05 Minnesota Pollution Control Agency' 520 Lafayette Rd. N., st. Paul, MN 55155-4194 . www.pca.state.mn.us 651-296-6300 . 800-657-3864 . TTY 651-282-5332 or 800-657-3864 . Available in alternative formats MPCA PROPERTY ACCESS AGREEMENT WITH (property Owner) 1. Purpose of Agreement. The Minnesota Pollution Control Agency (MPCA) is enhancing its ambient groundwater monitoring network in Minnesota. The attached fact sheet describes this groundwater monitoring network ("network"), which will help provide information about the quality of Minnesota's groundwater and identifY trends in water quality. The MPCA is assessing groundwater in this region. As part of the groundwater assessment, the MPCA is installing wells to obtain water samples for analysis. 2. Parties. This agreement is between the MPCA and (the "Property Owner"), who owns property located at (the "Property") where the MPCA would like to install a monitoring well. The MPCA is authorized to enter any property, public and private, for the purpose of conducting surveys under Minn. Stat. ~~ 115.04, subd. 3. 3. ConsentJo access. The "Property Owner" hereby consents to participation in the network and authorizes the MPCA, its employees and agents, to enter the Property for the purpose of: I) installing a permanent groundwater monitoring well at the location shown on attachment I; and 2) collecting groundwater samples from the monitoring well according to the schedule set forth below. 4. Notice. The MPCA will notifY the Property Owner of the name of the environmental consulting firm that will be managing the monitoring well installation at least two weeks before the installation. 5. Location of well. The MPCA' s consultant will coordinate the monitoring well installation with the Property Owner to ensure that a mutually agreeable location on the Property is identified. 5. Permits, required actions. The MPCA will be responsible for obtaining all pennits and providing notices to utilities related to the installation. The MPCA's consultant will coordinate all contractors involved in installation, including locating all utilities prior to well installation and completing all Minnesota Department of Health permits required to install the well. 6. Well installation. The Property Owner understands and agrees that the well installation will require three separate site visits. All buried utilities will be located during the first site visit. This will take approximately 1-2 hours to complete and will be done prior to the well installation. The well will be drilled during second site visit, which will take approximately one working day to complete. The well will be prepared for water sample collection during the fmal site visit. These preparations involve pumping water from the well and monitoring its quality. These activities will take one-half day to complete and will be performed no sooner than 24 hours after well installation. 7. Sampling; notice of sampling. After installation, the MPCA will sample the monitoring well once a year.' Sampling will involve pumping water from the well, collecting field measurements of the water, and collecting samples for later laboratory analysis. Sampling will take between I to 2 hours to complete. The MPCA or its consultant will notifY the Property Owner at least 48 hours before entering the Property for the purpose of well installation or sampling. 8. Hours of work. All work under this access agreement will be conducted during regular business hours (8:00 AM to 5:00 PM) unless the MPCA or its consultant receives written permission by the owner or his/her agent to conduct work during different hours. 9. Disturbance of property. The well installation and sampling will be performed by the MPCA in a manner which minimizes interference with the Property Owner's use of the Property. If the MPCA's activities disturb any portion of the Property, the MPCA will restore the property to as close to its original condition as is reasonably possible under the circumstances. 10. Property Owner responsibilities. The Property Owner agrees to take reasonable precautions to insure that the equipment of the MPCA or its agents that is located on the Property, and any monitoring wells that are located on the Property, are not damaged and that the work being conducted by the MPCA, its employees and agents is not disrupted. I 1. Sampling results. Upon request, the MPCA shall provide copies of the results of all sampling conducted on the Property to the Property Owner after test validations. The data collected from the monitoring well on the Property will be public information. 12. Liability. The MPCA will be liable for injury to or loss of property or personal injury or death caused by any act or omission of any employee of the State of Minnesota in the performance of the work described above, under circumstances where the State of Minnesota, if a private person, would be liable to the claimant, in accordance with Minn. Stat. ~ 3.736. 13. Termination. This monitoring well is part of a network designed to provide long-term information about Minnesota's groundwater quality. It is the MPCA's intention to maintain this monitoring well and to monitor it indefmitely. This agreement, however, can be terminated by either party (MPCA or Property Owner) with 60 days written notice to the other party. The Property Owner understands that, should either party decide to terminate this agreement, state law requires proper closure of the well. The MPCA will be responsible for all costs and activities associated with closure of the monitoring well. The Property Owner agrees and understands that, to close the well, it will be necessary to provide access to the MPCA for the purpose of well closure, and the Property Owner hereby agrees to provide that access, conditioned only on 48 hours written notice. 14. Sale of Property. If the Property Owner sells the Property, the Property Owner agrees that it shall notifY the buyer of this access agreement and provide the MPCA with notice and an opportunity to reach agreement with the buyer under which continued access for sampling will be allowed. MINNESOTA POLLUTION CONTROL AGENCY PROPERTY OWNER Glenn Skuta Signature Manager, Water Monitoring Section Date: Date: Ambient Groundwater Quality Monitoring Minnesota Pollution Control Agency Ms. Sharon Kroening January 11,2011 PROPOSED WELL #66 COUNTY: Anoka LOCATION: Hawk Ridge Park 18001 Verdin StreetNW Andover, MN LATITUDE: -93.328490 LONGITUDE: 45.295875 DESIRED LAND USE: Residential Un-Sewered Area Photograph looking E atthe proposed well location off ofthe SE corner of the parking lot Current Land Use: The proposed well location is in Hawk Ridge Park. The park includes a parking lot, ice rink, softball field, soccer field and trails. The proposed well is off the southeast comer of the parking lot. The land use within 500 meters of the well location is approximately 95% residential un- sewered and 5% park area. prlOSed Well Hydrogeology: . :'-~;~~!~~~.,I~~~~ion#~~. . Surface Elevation: 905 ft -- ~!~,;,~"'~~~ . Soil Type: Very Fine to Medium Sand '!:';>c'<~~~i~"!.' . Glacial Setting: Grantsburg Sublobe Sediment Type: Calcareous -" -. .<d-. '.. 3% ~"'-. . . "" 'Y!l.~ . Groundwater ElevationlDepth: 885 ft /20 ft bgs . Groundwater Flow: South - Southeast . Bedrock Formation: St Lawrence - Franconia Photograph looking S of parking lot . Bedrock ElevationlDepth: 800 ft 11 05 ft bgs Property Owner: City of Andover Property Accessibility: The proposed well location is easily accessible from the parking lot of the park; west off of Verdin Street NW. Comments: . Access agreement pending Prepared by: Peer Engineering, Inc. Project # 20607 Ambient Groundwater Quality Monitoring Minnesota Pollution Control Agency Ms. Sharon Kroening February 4,2011 PROPOSED WELL #70 COUNTY: Anoka LOCATION: Lunds North Park 2640 166th Avenue NW Andover, MN LATITUDE: -93.333066 LONGITUDE: 45.270916 DESIRED LAND USE: Residential Un-Sewered Area Photograph looking S from 166" Avenue NW at the park sign in the NE corner of the park Current Land Use: The proposed well location is in Lunds North Park. The park includes a softball field, The proposed well is in the northwest portion of the park across from the softball field and along the tree line. The land use within 500 meters of the well location is approximately 70% residential un- sewered and 25% park area & undeveloped land. Hydrogeology: . Surface Elevation: 900 ft . Soil Type: Vel)' Fine to Medium Sand . Glacial Setting: Grantsburg Sublobe . Sediment Type: Calcareous . Groundwater Elevation/Depth: 875 ft/25 ft bgs . Groundwater Flow: South - Southwest Photograph looking SWat softball field and second proposed . Bedrock Formation: St Lawrence - Franconia weD location along tree line on west side of the park . Bedrock Elevation/Depth: 750 ft /150 ft bgs Property Owner: City of Andover Property Accessibility: The proposed well location is easily accessible from 166th Avenue NW. Comments: Access agreement pending Prepared by: Peer Engineering, Inc. Project # 20607 C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public - s/City Engineer SUBJECT: Approve Resolution Authorizing City of Andover to be a Part of MN Water Agency Response Network - Engineering DATE: April 5, 2011 INTRODUCTION The City Council is requested to approve Mn W ARN Mutual Aid Agreement and resolution authorizing the City of Andover to become a member of the Minnesota Water Agency Response Network (Mn WARN). DISCUSSION Mn W ARN has been established by the adoption of a Mutual Aid Agreement among Governmental Units to allow their water, wastewater and storm water utilities to assist each other in case of an emergency; The Agreement allows other governmental units to become a party to the Agreement by the adoption of the attached resolution and sending notice to the Secretary of the Statewide Committee for Mn WARN. TheMn WARN mutual aid will benefit all communities that are members by expediting emergency response in time of a disaster. BUDGET IMPACT There is no cost to participate and no obligation to respond. ACTION REQUESTED The City Council is requested to approve the resolution authorizing the City of Andover to become a member of the Minnesota Water Agency Response Network (Mn WARN). Respectfully submitted, 0.-:ofi7.~ David D. Berkowitz Attachments: Mn W ARN Mutual Aid Agreement & Resolution and Mn W ARN Fax Sheets MINNESOTA WATER AGENCY RESPONSE . NETWORK (MnWARN) MUTUAL AID AGREEMENT This fI.1innesota Water Agency Response Network (MnWARN) Mutual Aid Agreement is made and entered into by the undersigned Parties. WHEREAS, the Parties hereto are authorized by law or home rule charter to establish a water, wastewater or storm water utility; and WHEREAS, the Parties hereto have established a water. wastewater and/or storm water utility; and . WHEREAS, the Parties recognize that an Emergency may require Assistance in the form of personnel, equipment and supplies from a Utility outside the Governmental Unit; and WHEREAS. the governing bodies of the Parties have investigated the facts and determined that it is in their best interests to authorize their Utilities to work cooperatively with another Party's Utilities when there is an Emergency; and WHEREAS, Minnesota Statutes, Section 471.59 authorizes the Parties by agreement of their governing bodies to jointly or cooperatively exercise any power common to them. NOW, THEREFORE, in consideration of the mutual covenants made herein, the Parties agree as follows: ARTICLE I PURPOSE The Parties recognize that in an Emergency. their Utilities may require Assistance in the form of , personnel, equipment and supplies from outside the area of impact. The purpose of this Agreement is to provide a framework, in the event of an Emergency. for the Parties to participate in an intrastate program for mutual aid assistance to provide water. wastewater and storm water utility services. The Parties authorize their Utilities to cooperatively assist other Party's Utilities when there is an Emergency, subject to the discretion of the Responding Party's Authorized Official as set forth in Article IV. ARTICLE II DEFINITIONS A. Agreement - This Water Agency Response Network Mutual Aid Agreement. B. Assistance - Resources, including but not limited to personnel, equipment, material and supplies that a Responding Party's Utility provides to a Receiving Party's Utility. C. Authorized Official - An employee or official of a Party's Utility that is authorized by the Party's governing body to request Assistance or provide Assistance under this Agreement. D. Emergency - Any occurrence that is, or is likely to be, beyond the control of the services, personnel. equipment or facilities of a Party's Utility. E. Governmental Unit - A city, county or township in Minnesota or a city's public utilities commission. F. MnWARN - The framework for public water, wastewater and storm water utilities in Minnesota to assist other public water, wastewater and storm water utilities when there is an Emergency that requires Assistance from another Utility. The framework includes this Agreement and other resources to be developed and coordinated by the Statewide Committee to implement the purpose of this Agreement. G. National Incident Management System (NIMS) - A national, standardized approach to incident management and response that sets uniform processes and procedures for emergency response operations. . H. Party/Parties....,... One or more governmental units that has a water, wastewater or stormwater utility that execute~ this Agreement or adopts this Agreement by resolution pursuant to Article XIV. I. Peiriod of Assistance - The period of time when a Responding Party assists a Receiving Party. The period commences when personnel, equipment or supplies depart from a Responding Party's facility and ends when the resources return to their facility. All protections identified in the Agreement apply during this period. The Period of Assistance may occur during response to or recovery from an Emergency. J. Receiving Party - A Party who requests and receives Assistance under this Agreement. K: Responding Party - A Party that provides Assistance to another Party pursuant to this Agreement. L. Statewide Committee - The committee responsible for overseeing MnWARN on a statewide level. M. Steering Cominittee - The leadership group that established MnWARN and the development of this Agreement. N. Utility/Utilities - A water, wastewater and/or storm water utility of a Party. 2 " ARTICLE 1/1 ADMINISTRATION A. Statewide Committee. 1. Votinq Members. MnWARN shall be administered through a Statewide Committee. The Statewide Committee shall be comprised of nine (9) voting memb\'lrs. The voting members of the Statewide Committee shall be comprised as follows: (i) an employee or official of a Utility located in Region 1 of the Minnesota Division of Homeland Security and Emergency Management Regions; (ii) an employee or official of a Utility located in Region 2 of the Minnesota Division of Homeland Security and Emergency Management Regions; (iii) an employee or official of a Utility located in Region 3 of the Minnesota Division of Homeland Security and Emergency Management Regions; (iv) an employee or official of a Utility located in Region 4 of the Minnesota Division of Homeland Security and Emergency Management Regions; (v) an employee or official of a Utility located in Region 5 of the Minnesota Division of Homeland Security and Emergency Management Regions; (vi) an employee or official of a Utility located in Region 6 of the Minnesota Division of Homeland Security and Emergency Management Regions; (vii) an employee or official of the Minnesota Rural Water Association; (viii) a representative from the Minnesota Section of the American Water Works Association; and (ix) a representative of the Minnesota Wastewater Operator's Association. a. Initial Votinq Members. The initial voting members representing the six regions of the Minnesota Division of Homeland Security and Emergency Management Regions shall be selected by the Steering Committee. The other three voting members shall be selected by the organization they represent. b. Subsequent Votinq Members. The appointment or election of subsequent voting members shall be done in accordance with bylaws to be adopted by the Statewide Committee. c. Terms. The terms of the voting members shall be established by the bylaws to be adopted by the Statewide Committee. d. Chanqes. The Statewide Committee may change the number or composition of the voting members in accordance with its bylaws. 2. Advisory Members. There shall be at least six (6) advisory members of the Statewide Committee who shall not be entitled to vote. The advisory member shall consist of a representative to be selected by each of the following organizations: (I) the Minnesota Pollution Control Agency; (Ii) the Minnesota Department of Health; (iii) Minnesota Homeland Security and Emergency Management; (iv) the Association of Minnesota Emergency Managers; (v) the Minnesota Municipal Utilities Association; and (vi) the League of Minnesota Cities. The voting members of the Statewide Committee may change the number or composition of the advisory members in accordance with its bylaws. The terms of the advisory members shall be established by the bylaws of the Statewide Committee. 3. Officers. The Statewide Committee shall have the following officers: a Chair, a Vice- Chair and a Secretary. The initial officers shall be elected by the Statewide Committee at its first meeting. The terms of the initial officers and subsequently elected officers 3 shall be established by the bylaws of the Statewide Committee. The officers shall have the following powers: a. Chair. The Chair shall have no more power than any other member of the Statewide Committee except that the Chair shall act as the presiding officer at all Statewide Committee meetings and may have other duties as assigned from time to time and prescribed by the Statewide Committee. b. Vice-Chair. The Vice-Chair shall act as the presiding officer at any Statewide Committee meeting not attended by the Chair and shall perform the Chair's duties in the Chair's absence. The Vice-Chair may have other duties as assigned from time to time and prescribed by the Statewide Committee. c. Secretary. The Secretary shall be responsible for ensuring that minutes are prepared for all Statewide Committee meetings. The Secretary shall also keep all books and records of the Statewide Committee and shall give all notices required by law, and may have other duties as assigned from time to time and prescribed by the Statewide Committee. The Statewide Committee may delegate all or part of the Secretary's duties required under this Section to another person; provided that such delegation shall not relieve the Secretary of ultimate responsibility for these duties 4. Powers. The Statewide Committee shall have the following powers: a. To coordinate emergency planning and response activities of Utilities in coordination with the emergency management and public health system of the State; b. To adopt policies and procedures to further the purpose of MnWARN; c. To establish committees, including regional committees, to assist in implementing the purpose of MnWARN; d. To develop a resource list of personnel, equipment, supplies and other resources that may be used to provide Assistance; e. To establish a website to facilitate the Parties' use of MnWARN; f. To develop protocols, forms or procedures for Parties to request assistance; g. To develop educational materials; and h. To develop training materials and conduct training for Parties. 5. . Meetinos. The Statewide Committee shall hold meetings as follows: a. Oroanizational Meetino. An organizational meeting shall be held at a time and place to be determined by the Steering Committee. b, Reoular Meetinos. Thereafter, the Statewide Committee shall meet at least annually. A schedule of regular meetings may be adopted by the Statewide 4 Committee at the organizational meeting. A schedule of regular meetings may be changed from time to time as deemed necessary by the Statewide Committee. c. Special Meetinas. Special meetings of the Statewide Committee may be called by the Chair and must be called by the Chair upon written request of two Statewide Committee members. d. Quorum. The Statewide Committee shall not take official action unless a majority of the voting members are present in person or via electronic communication. ARTICLE IV REQUESTS FOR ASSISTANCE A. Partv Responsibilitv. The Parties shall identify an Authorized Official and one or more alternates; provide contact information including 24-hour access; and maintain the resource information required contained in the member information form to be developed by the Statewide Committee. The Parties shall update this information as required by the bylaws. In the event of an Emergency, a Party's Authorized Official may request Assistance from a Party's Utility. The Authorized Official must specifically state that Assistance is being requested under MnWARN to activate the provisions of this Agreement. Requests for Assistance can be made orally or in writing. When made orally, the request for Assistance shall be prepared in writing as soon as practicable. Requests for Assistance shall be directed to the Authorized Official of a Party. Specific protocols for requesting Assistance shall be established by the Statewide Committee. B. Response to a Reauest for Assistance. After a Party receives a request for Assistance, the Authorized Official should evaluate if resources are available to respond to the request for Assistance. Following the evaluation, the Responding Party's Authorized Official shall inform, as soon as possible, the Receiving Party's, Authorized Official if it can provide Assistance. If Assistance is provided, the Responding Party shall inform the Receiving Party . about the type of available resources and the approximate arrival time of such resources. C. Discretion of Respondina Partv's Authorized Official. Adoption of this Agreement does not create any duty to provide Assistance. When a Party receives a request for Assistance, the Authorized Official shall have absolute discretion to provide Assistance or to not provide Assistance. A Party's decision to provide Assistance or not provide Assistance shall be final. No Party nor any employee or officer of any Party shall be liable to any other Party or to any person for failure of any Party to furnish Assistance or for recalling Assistance. ARTICLE V RESPONDING PARTY PERSONNEL A. National Incident Manaaement Svstem (NIMS). When providing Assistance under this Agreement, the Requesting Party's Utility and the Responding Party's Utility shall be organized and function under NIMS. B. Control. The personnel of a Responding Party providing Assistance shall be under the . direction and control of the Receiving Party until the Responding Party's Authorized Official withdraws Assistance. The Receiving Party's Authorized Official shall coordinate response 5 activities with the Responding Party's Authorized OfficiaL Whenever practical, Responding Party personnel should plan to be self sufficient for up.to 72 hours. C. Food and Shelter. The Receiving Party shall supply reasonable food and shelter for Responding Party personnel for Assistance that is provided for more than 72 hours. If the Receiving Party is unable to provide food and shelter for a Responding Party's personnel, . the Responding Party's Authorized Official or designee is authorized to secure food and shelter for its personnel and shall be entitled to reimbursement for such expenses from the . Receiving Party. Reimbursement for food and shelter shall reflect the actual costs incurred by the Responding Party. If receipts are not available, the Responding Party cannot request reimbursement in excess of the State per diem rates for that area. D. Communication. The Receiving Party shall provide Responding Party personnel with radio equipment as available, or radio frequency information to program existing radios, in order to facilitate communication among personnel providing Assistance. .E. Status. Unless otherwise provided by law, the Responding Party's officers and employees retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. F. Licenses and Permits. To the extent permitted by law, Responding Party personnel who hold licenses, certificates, or permits evidencing professional, mechanical, or other skills shall be allowed to carry out activities and tasks relevant and related to their respective credentials during the Period of Assistance. G. Riaht to Withdraw. The Responding Party's Authorized Official retains the right to withdraw some or all of its resources at any time. Notice of intention to withdraw must be communicated to the Receiving Party's Authorized Official as soon as possible. ARTICLE VI COST REIMBURSEMENT Unless otherwise mutually agreed in whole or in part, the Receiving Party shall reimburse the Responding Party for each of the fOllowing categories of costs incurred while providing Assistance during the Period of Assistance. A. Personnel. A Responding Party shall be reimbursed for its actual costs paid to personnel providing Assistance during the Period of Assistance. The Responding Party's designated supervisor(s) must keep accurate records of work performed by personnel during the PeriOd of Assistance. Reimbursement to the Responding Party must consider all personnel costs, such as salaries or hourly wages, including overtime, and costs for fringe benefits and indirect costs. B. Eauipment. The Receiving Party shall reimburse the Responding Party for the use of equipment during a Period of Assistance pursuant to the Responding Party's rate schedule. If the Responding Party does not have a rate schedule, the rates for equipment use must be based on the Federal Emergency Management Agency's (FEMA) Schedule of Equipment Rates, If a Responding Party uses rates different from those in the FEMA Schedule of Equipment Rates, the Responding Party must provide such rates in writing to the Receiving Party prior to supplying Assistance. Reimbursement for equipment not referenced on a Party's rate schedule or the FEMA Schedule of Equipment Rates must be developed based on actual recovery of costs. 6 C. Materials and Supplies. The Receiving Party must reimburse the Responding Party in kind or at actual replacement cost, plus handling charges, for use of expendable or non- returnable supplies. The Responding Party must not charge direct fees or rental charges to . the Receiving Party for other supplies and reusable items that are returned to the Responding Party in a clean, damage-free condition. Reusable supplies that are returned to the Responding Party with damage must be treated as expendable supplies for purposes of cost reimbursement. D. Pavment Period. The Responding Party must provide an itemized bill to the Receiving Party for all expenses it incurred as a result of providing Assistance under this Agreement. The Responding Party must send the itemized bill not later than ninety (90) days following the end of the Period of Assistance. The Receiving Party must pay the undisputed portion of the bill in full on or before the forty-fifth (45th) day following the billing date. Unpaid bills become delinquent upon the forty-sixth (46th) day following the billing date, and, once delinquent, the bill accrues interest at the standard rate of interest charged by the Responding Party for unpaid bills. If the Responding Party does not have a standard rate, the interest rate shall be the rate of prime, as reported by the Wall Street Journal, plus two percent (2%) per annum. Any undisputed amount must be resolved using the procedures set forth in Article VII. ARTICLE VII DISPUTES The Parties agree to act in good faith to undertake resolution of disputes, in an equitable and timely manner and in accordance with the provisions of this Agreement. If disputes cannot be resolved informally by the Parties, the following procedures shall be used: A. Mediation. If there is a failure between Parties to resolve a dispute on their own, the Parties shall first attempt to mediate the dispute. The Parties shall agree upon a mediator, or if they cannot agree, the Statewide Committee Chair shall select a mediator. If the Chair of the Statewide Committee, has a conflict of interest, the duty for selecting a mediator shall pass to the Vice-Chair. B. Arbitration. If the dispute remains unresolved following mediation, the dispute shall be submitted to arbitration under the Uniform Arbitration Act, Minnesota Statutes, Sections 572.08-.30. If the Parties cannot agree on one or more arbitrators, the arbitrator(s) shall be selected using the same procedure set forth for selecting a mediator. The decision of the majority of the arbitrators shall not be binding upon the Parties. If the arbitration decision is not accepted, the Parties may pursue any other legal remedy to resolve the dispute. ARTICLE VIII RECEIVING PARTY'S DUTY TO INDEMNIFY For the purposes Minnesota Municipal Tort Liability Act, Minnesota Statutes, Chapter 466, the employees and officers of the Responding Party are deemed to be employees (as defined in Minnesota Statutes, Section 466.01, subdivision 6) of the Receiving Party. The Receiving Party shall defend, indemnify and hold harmless, the Responding Party, its officers, employees, volunteers and agents from all claims, loss, damage, injury, and liability of 7 every kind, nature, and description, directly or indirectly arising from the Responding Party's Assistance during the Period of Assistance. The scope of the Receiving Party's duty to indemnify includes, but is not limited to, suits arising from, or related to, negligent or wrongful use of equipment or supplies on loan to the Receiving Party, or faulty workmanship or other negligent acts, errors, or omissions by the Responding Party personnel. The Receiving Party shall not be required to defend and indemnify the Responding Party for any willful or wanton misconduct of the Responding Party or its officer, employees, volunteers or agents. Under no circumstances, however, shall a party be required to pay on behalf of itself and other parties, any amounts in excess of the limits of liability established in Minnesota Statutes, Chapter 466 applicable to anyone party. The intent of this article is to impose on each Receiving Party a limited (:luty to defend and indemnify a: Responding Party for claims arising within the Receiving Party's jurisdiction subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. . The Receiving Party's duty to indemnify is subject to, and shall be applied consistent with, the conditions set forth in Article X. ARTICLE IX DAMAGE TO EQUIPMENT Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees, or volunteers. ARTICLE X WORKERS' COMPENSATION Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self-insurance coverage, covering its personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue another Party for any workers' compensation benefits paid to its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue another Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of another Party or its officers, employees or volunteers. ARTICLE XI INSURANCE Parties to this Agreement shall maintain the following liability coverages: (1) commercial general liability; and (2) automobile liability, including owned, hired, and non-owned automobiles. Each policy shall have a limit at least equal to the maximum municipal liability limit in Section 466.04, subd. 1. If the policy contains a general aggregate limit, the general aggregate limit shall not be less than double the maximum municipal liability limit in Section 466.04, subd. 1. 8 ARTICLE XII WITHDRAWAL A Party may withdraw from this Agreement by providing written notice of its intent to withdraw to the Statewide Committee Secretary. Withdrawal takes effect 60 days after notice is sent. ARTICLE XIII INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS To the extent practicable, Parties to this Agreement are encouraged to participate in mutual aid and assistance activities conducted under the State of Minnesota Intrastate Mutual Aid and Assistance Program and the Interstate Emergency Management Assistance Compact (EMAC). Parties may voluntarily agree to participate in an inte(state Mutual Aid and Assistance Program for Utilities through this Agreement if such a Program were established. ARTICLE XIV NEW MEMBERS Other Governmental Units may be added to this Agreement upon approval of their governing body as evidenced by adoption of the resolution attached as Exhibit I to this Agreement and execution by the Governmental Unit's authorized representatives. A Governmental Unit shall not become a Party to this Agreement until a certified copy of the resolution is received by the Statewide Committee Secretary. The Statewide Committee Secretary shall maintain a master list of all Parties to this Agreement. ARTICLE XV GENERAL PROVISIONS MODIFICATION A. Modification. No provision of this Agreement may be modified, altered or rescinded by individual parties to the Agreement. Modifications to this Agreement may be due to programmatic operational changes to support the Agreement. Modifications require a simple majority vote of the Parties to this Agreement. The Statewide Committee Secretary shall provide written notice to all Parties of approved modifications to this Agreement. Approved modifications take effect 60 days after the date upon which notice is sent to the Parties. B. SianatolV Indemnification. In the event of a liability, claim, demand, action or proceeding of whatever kind or nature arising out of a Period of Assistance, the Parties who receive and provide Assistance shall indemnify and hold harmless those Parties whose involvement in the transaction or occurrence that is the subject of such claim, action, demand or other proceeding is limited to execution of this Agreel)1ent. C. Prohibition on Third Parties and Assianment of Riahts/Duties. This Agreement is for the sole benefit of the Parties and no person or entity shall have any rights under this Agreement as a third-party beneficiary. Assignments of benefits and delegations of duties created by this Agreement are prohibited and are without effect. D. Notice. A Party who becomes aware of a claim or suit that in any way, directly or indirectly, contingently or otherwise, affects or might affect other Parties to this Agreement shall 9 provide prompt and timely notice to the Parties who may be affected by the suit or claim. Each Party reserves the right to participate in the defense of such claims or suits as necessary to protect its own interests: E. Effective Date. This Agreement shall be effective after approval by the Parties' governing body and execution by the Parties' authorized representatives. F. Governina Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. G. Captions. Article and section headings contained in this Agreement are included for convenience only and form no part of the Agreement among the Parties. H. Waivers. The waiver by a Party of any breach or failure to comply with any provision of this Agreement by another Party shall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. I. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. J. Savinas Clause. If any court finds any article, section or portion of this Agreement to be contrary to law or invalid, the remainder of the Agreement will remain in full force and effect. IN WITNESS WHEREOF, the Parties, by action of their respective governing bOdies,caused this Agreement to be approved on the dates below. City of . Minnesota The City Council of , Minnesota dUly approved this Agreement on the _ day of ,20 . By: Its Mayor And: Its Clerk 10 EXHIBIT I . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RESOLUTION AUTHORIZING GOVERNMENTAL UNIT TO BE A PARTY TO MINNESOTA WATER AGENCY RESPONSE NElWORK (MnWARN) WHEREAS, Minnesota Statutes, Section 471.59 authorizes governmental units by agreement of their governing bodies to jointly or cooperatively exercise any power common to them; WHEREAS, MnWARN has been established by the adoption of a Mutual Aid Agreement (the Agreement) among Governmental Units to allow their water, wastewater and storm water utilities to assist each other in case of an emergency; WHEREAS, the Agreement allows other governmental units to become a. party to the Agreement by the adoption of this Resolution and sending notice to the Secretary of the Statewide Committee for MnWARN; and WHEREAS, the governmental body of the City of Andover considers it to be in the best interest of the City to be a party to the Agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Andover: 1. Authorizes the Mayor and Deputy City Clerk to sign the resolution evidencing the intent of the City of Andover to be a party to MnWARN; and 2. The Deputy City Clerk is directed to send a certified copy of this resolution and a completed membership information form to the Secretary of the Statewide Committee of MnWARN; and 3. The City of Andover agrees to comply with all terms of the Agreement. IN WITNESS WHEREOF, the City of Andover, by action of its governing body, caused this Resolution to be approved on April 5,2011. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner -'- Deputy City Clerk MnWARN I Minnesota's Water/Wastewater Agency Response Network Page 1 of I "'-- .... "'. ,', .'. - --,-'... 'P' . _' .... '," .. " ,"_ m'::'.<...............~. ;:.~~tiWA8Nii ..~.,_,._.~. ",,, .k. .'.". . .. - -.... .. .. , ,. .. - . ~----.:~-,-_._,;..._---' ------ Become a MnWARN Member How Does My Utility Participate? Participation in MnWARN is voluntary and membership is free. To participate in MnWARN, simply fill out the Membership Information Form and Membership Application Questionnaire and submit to MnWARN along with the Mutual Aid Agreement and Resolution. The governing entity must adopt the Mutual Aid -. -, Agreement and Resolution. MnWARN also recommends that a sample equipment schedule of fees be adopted by your governing entity. In the event of a MnWARN response, if a schedule of charges is not agreed upon, the default will be FEMA rate of reimbursement. Members must identify Authorized Officials and alternates, provide contact information including 24-hour access, and maintain resource information made available by the utility for mutual aid and assistance response. This is done in Contact Us the application process and should be updated annually. MnWARN MnWARN Materials for download 217 12th Avenue SE Understanding how insurance works in mutual aid situations ~ Elbow Lake, MN 56531 Membership Information Form ~ Phone: 800-367-6792 Membership Appiication Questionnaire ~ info(iilmnwarn.orq Mutual Aid Agreement ~ Benefits to MnWARN . There is no cost to participate. · MnWARN is like investing in a no cost insurance policy to access resources when needed. · MnWARN increases emergency preparedness and coordination. · MnWARN enhances access to specialized resources. · MnWARN expedites arrival of aid (don't have to work out the administrative items; the agreements and WARN protocols work them out in advance for you). · MnWARN agreement contains indemnification and worker'scompensation provisions to protect participating utilities and prOVide reimbursement protocols. . There is no obligation to respond, MnWARN Agencies & Associations .- ......... ..., ;f, IMktiJ ~ I.i~.i~~~ ,,;;?:.i ~f#I. - ~ ~ ~ G1c. W~c:~'" IlltUlM ~ ~MWO,'L"fI C' .. 1"l"V.2~ Home I About MnWARN I MnWARN tvlembers I News & Events Member Login I Mutual Aid Agreement I Related Links I Contact Us @ i"linnesota Water/Wastewater Agency Response Network http://www.mnwarn.org/becomeMember.aspx 2/25/20 I I J:nWARN I Minnesota's WaterlWastewater Agency Response Network Page I ofl ~lii~~j ___._h__.... Mutual Aid Agreement By signing the MnWARN Mutual Aid Agreement, you will aid in greatly expediting the arrival of help during an emergency. Join water and wastewater systems from all over Minnesota who will be available to lend assistance. . Download the Mutual Aid Agreement, Resolution, Member Form and Questionnaire. , Adobe@ Acrobat@ Reader is required to view the document. You can download it here. Download the documents above. Then print, sign, and mail the signed forms to: Minnesota Water/Wastewater Agency Response Network 217 12th Avenue SE Become a Elbow Lake, MN 56531 MnWARN member today! ;.Updates on l1ews & events .. Access to online resources '.~din~ch more! "",_.-t:.".,;, , >> Click here to sign up Contact Us MnWARN 217 12th Avenue SE Elbow Lake, MN 56531 Phone: 800-367-6792 info@lmnwarn.org MnWARN Agencies & Associations ---- - '.. Jf..... r~r..."~-._,. ", lHSEMI 4'~';w~ ~ IR~~4c ti\lArm: ,M,QtI ~ ~,.",.,.."j ~ ...'-'<.'- (t \_~ _..u._~_.~~ -:l:.' UA<.,\!".", .. @Wi'Oi!<II"; .\~lh::-";I-~OJl.. /';"IIJlII'.(~ ()I:I \ '11".,.2t:! Home I About MnWARNI MnWARN Members I News & Events Member Login I Mutual Aid Agreement I Related Links I Contact Us @ Minnesota Water/Wastewater Agency Response Network tp://www.mnwarn.org/mutualAid.aspx 2/25/201 I MnW;1.RN I Minnesota's Water/Wastewater Agency Response Network Page 1 of3 "" "':~'". '., .-.: -.: -.'. ", - 0 ,. :.- "_' _,.- ." 'i: -.- ,.- _ .- ;i. ~1;!:'7~""'fI"'~'~"';''^l i '. "".l,M.. ~'Rf\J.' . , r. ' h" .. . . Ii ~~:- iO;~~'j:,o.i0i'i:'~ >'~-,-:,.> <,~~":~;;.j 1 . ,. \, _.~ _.....-.' .- ' . - - -.- . '- - -..- t About MnWARN MnWARN is a statewide Water/Wastewater Agency Response Network (WARN) of "utilities helping utilities" assists members with: · Emergency assessment, emergency response, and recovery · Mutual Aid Agreement for sharing emergency resources with members · Resources to help recover from a disaster . Emergency contact network · Voluntary participation MnWARN Mission To promote and support a statewide response to utility emergencies and disasters . through mutual assistance for water, wastewater, and storm water utilities in Minnesota. Become a What is a WARN? MnWARN Leaders in the water/wastewater community and state agencies have joined together " 'b.:' t. '.d ' to create the Minnesota Water/Wastewater Utilities Agency Response Network. l1'Iem er 0 aYe MnWARN is a formal emergency response program in Minnesota. .lJ~~ates on news & events MnWARN is a mutual aid agreement to provide a program whereby water, ;.Ac;cesstcfonllne resources wastewater, and storm water utilities sustaining physical damage from natural or . ~Ahcfmuch m.ore! man-made disasters in the state of Minnesota can obtain emergency assistance, in the '-',' "'-',--d__ ..'- ...... . . ~.,: L.;'.:t ::,> .-,.. "/;:: ;. form of personnel, equipment, and materials and other associated services necessary >> Click here to sign up' to protect the health and welfare of the utilities' customers. Law enforcement and fire departments have been organized for many years. MnWARN Contact Us is an initiative to organize the water and wastewater professionals to be prepared to respond to water, wastewater, and storm water entities in a professional and timely MnWARN manner. 217 12th Avenue SE Elbow Lake, MN 56531 A pre-established agreement among a network of utilities can complement and Phone: 800-367-6792 enhance local capabilities to prepare to respond to a broad range of threats, both info((i)mnwarn,orq natural and man-made. This initiative is not meant to compete with any existing mutual agreements that your utility may already have in place with neighboring communities or counties. This .,..". initiative is meant to enhance the abilities of utilities to help utilities. It is essential that all partners in the water, wastewater, and storm water community work together to support this concept. What is a MnWARN Event? MnWARN can be activated only when there has been a formal declaration of an emergency issued by a community's authorized official or alternate, whose name is listed as such on the MnWARN Web site (Mutual Aid Agreement, Article II, Subpart D and Article IV, Subpart A), Once activated, both parties would be acting under the provisions of the Mutual Aid Agreement. While services may be exchanged among parties who are both MnWARN members, without the formal declaration of an emergency, such activity would not qualify as a MnWARN event and would occur outside of the MnWARN response network. What is an Emergency? Any occurrence that is, or is likely to be, beyond the control of the services, .;'," http://mnwarn.org/about.aspx 2/24/20 I I v1nWARN I Minnesota's Water/Wastewater Agency Response Network Page 2 of3 .. personnel, equipment, or facilities of a Party's utility (Article II, Subpart D). . Emergencies are generally unforeseen events: Participation in MnWARN does not create any duty to respond to a request for assistance. When a Member receives a request for assistance, the Authorized Official shall have absolute discretion as to the availability of resources. An Authorized Member's decisions on the availability of resources shall be final. Requests for Assistance Any water or wastewater utility in Minnesota can request assistance from MnWARN by calling the Minnesota Duty Officer at 1-800-422-0798. The Duty Officer will call the appropriate Regional Director. The Duty Officer is for MnWARN events only - all questions regarding MnWARN should be directed to the MnWARN directors. Assistance can be in the form of equipment, supplies, or trained personnel. During an emergency, MnWARN will match equipment, resources, and personnel with those best available within the MnWARN network. MnWARN will coordinate relief efforts for the donating and receiving utility through the incident command center. MnWARN wiil work with the corresponding local, state, and federal agencies as necessary. How Does My Utility Participate? Participation in MnWARN is voluntary and membership is free. To participate in MnWARN, simply fill out the Membership Information Form and Membership Application Questionnaire and submit to MnWARN along with the Mutual Aid Agreement and Resolution. The governing entity must adopt the Mutual Aid Agreement and Resolution. MnWARN also recommends that a sample equipment schedUle of fees be adopted by your governing entity. In the event of a MnWARN response, if a schedule of charges is not agreed upon, the default wiil be FEMA rate of reimbursement. Members must identify Authorized Officials and alternates, provide contact information including 24-hour access, and maintain resource information made available by the utility for mutual aid and assistance response. This is done in the application process and should be updated annually. MnWARN Region Directors Minnesota Water/Wastewater Agency Response Network (MnWARN) consists of Dine voting members. Voting members consist of a director from each of the following Regions and Organizations: . Voting Members Region 1 Steve Bushman City of Mankato Region 2 Dave Isaacson City of Kettle River Region 3 Gerry Kiuck City of Hawley Region 4 Lisa Vollbrecht City of St. Cloud Region 5 AI Lamm City of New Ulm Region 6 Marty Glynn City of Shakopee Pete Moulton American Water Works Association (AWWA) . Ruth Hubbard Minnesota Rural Water Association (MRWA) Bob Cockriel Minnesota Wastewater Operator's Association (MWOA) Minnesota Water/Wastewater Agency Response Network (MnWARN) consists of the tp://mnwarn.org/about.aspx 2/24/20 I I . MnWARN I Minnesota's Water/Wastewater Agency Response Network Page 3 on following supporting advisory members: Advisory Members Minnesota Department of Health Minnesota Pollution Control Agency League of Minnesota Cities Minnesota Division of Homeland Security and Emergency Management ;',' Association of Minnesota Emergency Managers Minnesota Municipal Utilities Association M~WAR.~A~eneies& A$sociations <_ <,~._, C-,.,-c ._...... _". _'.._ r'--;.;:-' .. , _1/ .... ~ ~ R~,~nViAlmi ~~,~~ .HSEMI e !.';. , ,Mf2I-.!.. i'.,r. 'f':: ~..._- iiSlI ...._-~ ; , l,A<;U: '." j @UWOA.nt'! ,1,,\'~"'bOI^ /,;...,I,If. CII:rs rll"V~'l Home I About MnWARN I MnWARN Members I News & Events Member Login I Mutual Aid Agreement I Related Links I Contact Us @ Minnesota Water/Wastewater Agency Response Network http://mnwarn.org/about.aspx 2/24/2011 C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider ApprovallExtension of Liquor License/Tanners Station DATE: AprilS,20ll INTRODUCTION Raymond Warmuth, Tanners Station, has submitted a request for an extension of his liquor license. DISCUSSION Tanners Station is planning to hold an outdoor event Friday, July 29, & Saturday, July 30,2011 and would like Council to approve an extension of their liquor license to include a portion of the west side of the parking lot. Tanners 2010 event generated two complaints and were addressed by the Sheriffs Office within the appropriate guidelines. ACTION REQUIRED Council is requested to consider the extension of liquor license request submitted by Tanners Station for July 29th & 30th, 20ll. Respectfully submitted, l{n~ Michelle Hartner Deputy City Clerk Attach: Outdoor Event Application .n~ -"-1- FAX 1763) 755-8923. WWW.ANDI.lVt;t\lIIIIII,,"UV i ' ; OUTDOdR EVENTS ARE PERMITTED ON WEEKENDS (FRIDAYS AND i;' SATURD~YS)1NJUNE,JULY AND AUGUST. ESTABLtSHMEN'l'SARE , I' ALLOWI1)D ONE EVENT WEEKEND PER CALENDAR YEAR. EVENT ~rS1' !" END AT MIDNIGHT. ': . , ~ " i Commli!rcinl Outdoor EV,ent Anulicnqon ! ! , 1. Nt'litl.e of Business Owner: ~f>."im{\"-lD W~Rm\\\\:1 ._. Nalne of Business: ~~N\Ses fJ\m\l\~ ' , ' , - i . , AdidrcsaofBusiness: \nlpEr1 ffi~R-T\~~~ : PJ1pnc Nut'l1b~t ofBtlsiness:~ 6l')() __. ' , . 2, D~~e(s)()fOutdoorEvcnt: ~\AL""'{ ..~ + ~ _ I . . ! . 3, Tithe of Event: 'fS: (XJpffi ~ ~: COQ \'l\.., '1='1S \ .~ ~m--. ; ;4. LP~tionofTentandlorBand~\<,\lJe, l~. ~~. : (.Pl:ovid~ a sJ(etch on the back of this form detailing where the tent, litagei ~d/or i bll,~d will be looat'ed on the property~ indicating lot boundary lines and building ! lQqatiolls.) . ; .' 5. Entel1sionofTJquorLieense: Yes L No , 6. PI~a'le provide verifioation :fi:om your Insurance Com.patty indicating your liability : insuran<le provides coverage outside of the premise. " . . ' AppliQant nf this application will comply witb Andover City C01:Ie 5-6, Noi$c Control. The l~tI!lb'ililsliJ is required to provide security for the outdoor event. : Dated: i ~\J.Y.h\. ~ ~:~~~:~ " ! et's Signature , I , Approveq: Denied: ~ . .,! City Clerk , Council Action: __Approved Denied Date: . _ o/~loo......, I IH,,"." '111~ L/cd N~T0:60 TT0c ST .~EN T09TL9L~9L: 'ON X~~ NOI1~lS S~3NN~1: NO~~ -- __.----n-- .__ .. _.n ~ ... -. ....... -.. - .'-" ... .-. .n ..n' f ___u , .. 1:> I-' .. on . . '.. r ~ ~=~ ~ O~O r ~ ~e:l ; \ ~~= . - ._..._ .. ___" ..n~.~~_n -.._.-~ ; .- ..u. t:=~ : ' j .. $,u...... [ i;l t"' .. i . ..-.;. u." . ~ t i8i 1 -J ;d ~ .-) -':l ,1> S 0 ~ ~ ~ i\1~1 ~ r; ~;:~ ~ ~ ~ I z ~gJ~ ! (j' 8~g! I ~\ ~..~ " , '.. rn .....::i~....:I ' " . " " .., \Y~ ~:H5 ' oJ !".~ ~ i ~ ~ ' , .., , <io- i o~. ' .,' " <':.- A . ~ .., . I. ~> ~ ~~ ' - ~"~ ~ 0 _~ u:~1 r ~e ~~ 1 ~ ~~ ~. or:> . 1 .._ z..v J/.. .\ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Cou4tifIembers CC: James Dickinson City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Accept Resignation/Retirement of Patty Boysen, Building Permit Technician DATE: April 5, 2011 INTRODUCTION This item is to acknowledge the resignation/retirement of Patty Boysen, Building Permit Technician DISCUSSION Patty is retiring after working over 30 years in local government. Patty started her career in 1981 with the City of Anoka, where sije )Vas employed for 21 years, then she moved to the City of St. Louis Park for a couple of years, and has been with the City of Andover since January of2004. The Human Resources department would like to advertise and recruit candidates for this position. The Building Department has seen an increase in building permits in recent months to justifY the need for replacement of this position. BUDGET IMPACT None. This was already identified in the 2011 Budget. ACTION REOUESTED The City Council is requested to acknowledge the resignation of Patty Boysen and authorize Human Resources to begin recruitment for a new Building Permit Technician. Respectfully submitted, /cfl-~ ~J. Dana Peitso G;> C I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve 2012 Budget Development Guidelines DATE: April 5, 201 I INTRODUCTION City Administration is starting to focus on the 2012 Annual Operating Budget Development process and is looking to the City Council to establish the Council's guidelines for the preparation of the 2012 Annual Operating Budget. DISCUSSION The following are 2012 Budget Development guidelines for your consideration that have been discussed as part of the past few months Council workshop meetings: 1) A commitment to a City Tax Capacity Rate to meet the needs of the organization and positioning the City for long-tenn competitiveness through the use of sustainable revenue sources and operational efficiencies. 2) Continue with the current procurement and financial plan to appropriately expend the bond proceeds generated from the successful 2006 Open Space Referendum. 3) A fiscal goal that works toward establishing the General Fund balance for working capital at no less than 40% of planned 201 I General Fund expenditures and the preservation of emergency fund balances (snow emergency, public safety, facility management & infonnation technology) through targeting revenue enhancements or expenditure limitations in the 2011 adopted General Fund budget. 4) A commitment to limit the 2012 debt levy to no more than 20% of the gross tax levy and a commitment to a detailed city debt analysis to take advantage of alternative financing consistent with the City's adopted Debt Policy. 5) A comprehensive review of the condition of capital equipment to ensure that the most cost- effective replacement schedule is followed. Equipment will be replaced on the basis of a cost benefit analysis rather than a year based replacement schedule. 6) A team approach that encourages strategic planning to meet immediate and long-term operational, staffing, infrastructure and facility needs. 7) A management philosophy that actively supports the funding and implementation of Council policies and goals, and a commitment to being responsive to changing community conditions, concerns, and demands, and to do so in a cost effective manner. ACTION REOUIRED The Council is requested to approve the aforementioned 2012 Budget Development Guidelines. I @ 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/Extension of Liquor License/BeefO'Brady's DATE: April 5, 2011 INTRODUCTION Tony Zeece, ofBeefO'Brady's, 15190 Bluebird Street has submitted a request for an extension of their liquor license. DISCUSSION BeefO'Brady's is planning to hold an outdoor event Saturday, August 13, 2011 and would like Council to approve an extension of their liquor license to include a portion of the parking lot in front ofthe patio area. Tom Roberts, Stonewood Properties, Inc. the owner of Clock tower Commons leasing to BeefO'Brady's has given approval for Beef 0' Brady's to hold their outdoor event. The Sheriffs Office received no complaints during BeefO'Brady's 2010 event. ACTION REOUIRED Council is requested to consider the extension of liquor license request submitted by Beef O'Brady's for August 13,2011. Respectfully submitted, l!h~~ Michelle Hartner Deputy City Clerk Attach: Outdoor Event Application Email from Tom Roberts, Stonewood Properties, Inc. <ANDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV OUTDOOR EVENTS ARE PERMITTED ON WEEKENDS (FRIDAYS AND SATURDAYS) IN JUNE, JULY AND AUGUST. ESTABLISHMENTS ARE ALLOWED ONE EVENT WEEKEND PER CALENDAR YEAR. EVENT MUST END AT MIDNIGHT. Commercial Outdoor Event Application 1. Name of Business Owner: rr-ony 1;e.(;C e cf /;J1e{ fI C.-e U" e- Name of Business: 6e e f '0 / 6r C( de; r j Address of Business: 1:>/ 90 lieu., IPI-r d )/. . #//1 I Phone Nmnber of Business: '7fo 3-l/3 '1- c:L 70 0 2. Date(s) of Outdoor Event: 49. 15 . ).-cJ / J / I 3. Time of Event: 6~'cJo - /d ..' {1 cJ 4. Location of Tent and/or Band: (Provide a sketch on the back of this form detailing where the tent, stage and/or band will be located on the property, indicating lot boundaty lines and building locations.) / 5. Extension of Liquor License: Yes No 6. Please provide verification from your Insmance Company indicating yom liability insurance provides coverage outside of the premise. Applicant of this application will comply with Andover City Code 5-6, Noise Control. The business is required to provide security for the outdoor eveut. Dated ,,1J-'f~1 . ~ ~.~ I I Owner's Signat re Approved: Denied: City Clerk Council Action: _Approved Denied Date: PROVIDE A SKETCH DETAILING WHERE THE TENT, STAGE AND/OR BAND WILL BE LOCATED ON THE PROPERTY, INDICATING LOT BOUNDARY LINES AND BUILDING LOCATIONS. tff I ~ o rh't>t frl- I [jeef's - Of r/r6-> II ( ~ /[-1 la f1 / ~ rc/ 'S tll) {11 ~ 7i71 --;- O'~ ftl1~1/{ Ii !J I h~ tI I- ~ 5/ (e r/ I'€ f.. 1~qYJ ~fJ Michelle Hartner From: Matt Zeece [beefsandover@yahoo.com] Sent: Thursday, March 31, 2011 4:21 PM To: Michelle Hartner Subject: Re: Fireman's Tent Party Not yet. We have to talk to the tent guy and won't know for a month or two. Tony Zeece From: Michelle Hartner <M.Hartner(ij)andovermn.qov> To: Matt Zeece <beefsandover(ij)vahoo.com> Sent: Thu, March 31, 2011 3:00:50 PM Subject: RE: Fireman's Tent Party Matt, I have a question on the map that was drawn with the application you indicated an option 1 and option 2 for tent location, do you know which one you will be going with? Thanks, Michelle From: Matt Zeece rmailto:beefsandoverccuvahoo.coml Sent: Thursday, March 31, 2011 3:42 PM To: Michelle Hartner Subject: Fw: Fireman's Tent Party Ok from landlord. ----- Forwarded MessaQe ---- From:' To: Matt Zeece ' Sent: Thu, March 31, 2011 1 :50:59 PM Subject: Re: Fireman's Tent Party I think it is a great event. Tom Roberts Stonewood Properties, Inc 6484 Pinnacle Dr. Eden Prairie, MN 55346 952-934-1423 office 952-934-4697 fax 1 612-790-2766 cell ----- Original Message ----- From: Matt Zeece . __n_ _ __,y_ ----- - To: Tom Roberts < . -- - Sent: Thu, 31 Mar 2011 15:48:26 -0000 (UTe) Subject: Fireman's Tent Party Tom, We're planning on doing the Firefighter's Relief Association Tent Party again this year on August 13th. We need an e-mail for the City of Andover with you're approval of the event. Are you ok with this and if so, can you please respond with an e-mail affirming for us to forward to the City? Thanks. Tony Zeece 2 @ 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 orks/City Engineer vI>~ David D. Berkowitz, Director of Public FROM: Jason J. Law, Asst. City Engineer SUBJECT: Award Bid/11-02B, 11-02C & 11-02D/2011 Street Reconstruction & 09-18A Hawk Ridge Park Trail- Engineering DATE: April 5, 2011 INTRODUCTION The City Council is requested to receive bids and consider award of the contract for the 2011 Street Reconstruction Projects; 11-02B Genthon Ponds, 11-02C Rolling Forest, 11-02D East Brook Terrace 1 Aud. Sub. No. 137, and 09-l8A Hawk Ridge Park Trail. DISCUSSION The street reconstruction program is an effective and cost efficient means of rehabilitating deteriorated roadways. This program allows the City to maintain a high quality transportation system, while limiting on-going maintenance costs on the sections of roadway in most need of repair. Bids received included the Base Bid (Projects 11-02C Rolling Forest, 11-02D East Brook Terrace 1 Aud. Sub. No. 137, and 09-l8A Hawk Ridge Park Trail) and Alternate #1 (Project I 1-02B - Genthon Ponds). Genthon Ponds was bid as an alternate due to the fact that this development is accessed via a gravel road and the Council wanted to review the policy on paving gravel roads prior to making a decision on awarding this portion of the project. Based on revisions to the assessment manual on gravel road funding and favorable bids that were received, staff is recommending award of the Base Bid and Alternate # 1. The project is to be awarded based upon the lowest responsible total bid. The bid opening was held on March 17, 20 I I. The three lowest bids received are as follows: Contractor Base Bid Alternate # I Total Bid (Base + Alt. #1) Rum River Contracting Co. $312,961.30 $198,075.10 $511,036.40 Knife River Corp. $397,587.00 $235,335.00 $632,922.00 North Valley, Inc. $370,920.45 $269,822.20 $640,742.65 Engineer's Estimate $356,320.50 $229,744.00 $586,064.50 Please refer to the attached bid tabulation for a breakdown of bids and unit prices. BUDGET IMPACT The street reconstruction projects would be funded from the City's Road & Bridge Fund, with 25% of the total street reconstruction project costs being assessed to the benefiting properties in accordance with the City's Assessment Manual Policies and Procedures Guide. The Hawk Ridge Park Trail project would be funded from the park improvement fund. Mayor and Council Members April 5, 2011 Page 20f2 ACTION REOUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract for the Base Bid and Alternate #l to Rum River Contracting Co. in the amount of$5l 1,036.40 for Projects 11- 02B Genthon Ponds, I 1-02C Rolling Forest, Il-02D East Brook Terrace / Aud. Sub. No. 137, and 09- 18A Hawk Ridge Park Trail. Ru;t; Jason 1. Law ./ / Attachments: Resolution~ Location MaKBid Tabulation CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -11 MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 11-02B GENTHON PONDS, 11-02C ROLLING FOREST. 11-020 EAST BROOK TERRACE I AUDITOR'S SUBDIVISION NO. 137 AND 09-18A HAWK RIDGE PARK TRAIL , WHEREAS, pursuant to advertisement for bids as set out in Council Resolution NO.02-11 dated Februarv 16 , 2011, bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Alternate #1 Total Bid Rum River Contracting Co. $312,961.30 $198,075.10 $511,036.40 Knife River Corp. $397,587.00 $235,335.00 $632,922.00 North Valley, Inc. $370,920.45 $269,822.20 $640,742.65 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rum River Contractinq as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rum River Contractinq in the amount of $511,036.40. (Base Bid & Alternate #1) for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 5th day of April , 2011 , with Council members voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk ~N6bVE~{jj;;;j~ft~.~~AutJ1'f(t~'S SUB NO 137 EA\:$,"":L~)~:'?};;,<;"">:<,<. < '< .... 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"-=:"'"ii 50>0 ....c6..!:> e M .go ltJ I~~ :tl;~ ~~~~ ~~~ ~!:~~~I "~o>l ~ ~ N~~' ~ l;"e:::!: 0> ._<ll'B0>~ <> o..~'coo> ~UNvt~~ o..a:'fl ~ ~ o"!':. _ ~ c,e"ii E o..02a::0>~~al~'..:l "-_1D.!l0 0f1JJ:. ~....~ .. J;! 0:(",. 0( 8~~1~ ~~II!ggg~~~~iI5 ~~~~~~ ~i~....1 ~ o.::! ~ ~ ~ ~~~~I~~~~0l:~~~~~~g~~""~80l ~~~=~0~gOl effi o~~ ~ ~ _~~<V~l;~E~E~a::~~~~=~z ltJ~~Olr~>>0~~EEa::~ ~~ > ~o>o.. ~ ~ > 0( gllt~g1is~~:~~8~OltJOOltJ~6Z~~~~w~~i~~1 ~g ~g~~Ol ~g~ i + ~c6~'~~~::J~~gc~l~t~~~~2~~~~~~u~:iiJ:.~0l~ ~_~~~ Q_g~ ~ ~ .li~~~;~J~J!~~~)JOl~~~!i~ii~~~~~I~~~!:t ~I;~I~ ~11~ ~ I !~~lllol~w~~88~~~ ~~~mu~~~~~~~~~~~Bw~w 9~a::~r~ i~~~ ~ ~ tll c &l II:: C 0( ~ ~ g~gS~~~~~g~~~~:~~~~~~~aE~~~~~~g~R~~~~~~ ~R<tllO- w~U! ~ ~ NNNNNNNNNNNNNNNNNNNN N N NNNNNNNNN ~~ ~ ~~ ~ ~ s @ " 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 s / City Engineer SUBJECT: Hold Public Hearing/Order Plans & Specifications/lO-30/Crosstown Drive NW Reconstruction - Engineering DATE: April 5, 2011 INTRODUCTION The City Council is requested to hold a public hearing for Project 10-30, Crosstown Drive NW Reconstruction. DISCUSSION A feasibility report was previously prepared for this improvement project and was submitted to the City Council at the March 1,201 I City Council meeting. Identified in the City's 2011-2015 Capital Improvement Plan is reconstruction of Crosstown Drive NW from Crosstown Boulevard NW to Bunker Lake Boulevard NW. If the project is approved, construction will begin in mid to late June of this year. Existing deteriorated concrete curb and gutter along the project corridor will be replaced. The existing bituminous surface will be reclaimed and a new bituminous surface will be paved. The project will be reconstructed in a similar fashion to the annual roadway reconstruction projects, which have been successfully completed in the City since 1996. An 8' bituminous trail is proposed along the west side of Crosstown Drive NW from 138th Avenue NW to Bunker Lake Blvd NW. An informational meeting was held with residents proposed to be assessed for a portion of this project on February 22,2011. At this meeting staff discussed the project, received comments, and provided residents with preliminary information, including estimated costs and assessment amounts. The total estimated cost of the proposed improvements for Crosstown Drive NW is $341,880.00. The City's portion is estimated to be $303,550.00, while the assessed portion is estimated to be $38,330.00. The estimated assessment rate is $13.53 / front foot. , Mayor and Council Members April 5, 2011 Page 2 of2 Attached are the following: * Location Map * Letter to property owners regarding estimated assessment * Public Hearing Notice * Estimated assessment payment schedule * Sign in Sheet from Neighborhood Meeting * Resident Comments Note: The feasibility report was in the March 1,201 I packet. Please bring this to the meeting. BUDGET IMPACT The project would be funded from the City's Road & Bridge Fund (in turn reimbursed through the City's Municipal State Aid funds). The oversizing ofthe roadway section would be funded by the City and the remaining project cost would be funded 85% by the City and 15% to benefitting properties. ACTION REOUIRED The City Council is requested to approve the resolution ordering the improvement of Project 10- 30, Crosstown Drive NW Reconstruction. Respectfully submitted, S-:;~~~ ./ ./ Attachments: Resolution Ordering the Impro~~ent, Location map, Letter to property owners regard~ estimated assessment, ublic Hearing N22ce~stimated assessment per parcel, ign in Sheet from Neighborhood Meeting & Resident comment&""" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 10-30, CROSSTOWN DRIVE NW RECONSTRUCTION) AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 017-11 of the City Council adopted on the 1st ( day of March , 2011, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 5th day of April , 2011; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 10-30 . MOTION seconded by Councilmember and adopted by the City ". Council at a reqular meeting this 5th day of April , 2011, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk ~ ~ Crosstown Drive NW Reconstruction CITY OF ' ~l)()~ p~opertl~s Proposed to be Assessed _ Clty ProJect 10-30 . $/ ;887 2887 lU~ {}tJ:A'i.. ,41ST AVe . <<&''''U05 . U % " tj':d'i"H \2721::>\,),,';;1' ;2623 2613 2GOJ 2557; 2547 2539: Li052 281.4 zllOO 2786 ~ g / 14063 '" 14048 ~ J4i1TH LN ,A .14<141 '1~6 . 14040 _ ' 14033 // 1A034/~ " 14Qll -'.j 3979 : :2738.2nB'2718:270a.26G4;2&5~:2~~ 2G3<I,2624;2611t;2~ 2558 2548 2539.lJ[On' ~'" /~;;;\,I"' :.p.950 14032 : ~. .( ,1401S . ~ " 140.27 f) 14023 ," ~\ "', 13940 t::: . LO ' 14024 lJj 14006 .'..... _ < i,'". . lAon' .~h ....A_ . ~~,. . !!l 27~9 2649 2633 : 2623 ~ 2GB. 2001 25U 2547 2531:' 2529 . /n.o"" 13930 lIW1G l3988 ..( C' .~,".,,~_.... ^ 1'3974" , 13.9g3 B920 1MlO8 140 Tit AVE HOrHAVE ./ / 13954; / ? 139:10 F-/ 26ii4 '2654"; 2.644 : l3986' 25.GG : 2550 _ 2540. '2m ! ~:' /' / 1.3969 .2435-.' 240.7 t19'M 13946 .~; ! . 9::; \ ~;, ,.I 13900 'B ".13926 ,~Of . ~ l~JS .'139rH 13936 g /00 l3935 )h,.... -i oss(:rbWfJ DR 1.J9TH AvE lJ 2723 2713 2703 2659 l3921. .l-f. :?, '.u930 (j'?' . ,,"t' ",'" _ ,.. '~ t3926' 13926 2735 . "'" /0": ~ ,,.,. "" ",-",,';;\. ;.< '<'" %' " ~ ..">-"1, ... ~~;:'k, "" 139THLN ", /' ' k'" 1..}391O> .~~, '23"61,23512341 13916 .'"~'" '~" i39~):;;"i ) - '- /'" t- 1]875 ' , 2738 .' 13843 ,,: , <...." '-. ~ ~ '/./' 24a7 7487 2722 : 2712 2709'" f' ':\:i 131178~ ;>- /. - - /,.. ~ ..,:-,;<i,.," ..., 7" ? 13901 13ll42/ ~../ .... '~~1~1I1'-!~N: "'~..' ,;:' '. ) ,0, 13lJ49'\ ""~~:-':' ,..{, 'r~'. - 131171 ....'1l828 "'./&'.' ", \~<\11'~li~!~t~;";'~f'9,!~~J,,3ki5" " ~ \ , } 0 ~ 13839' """'~~i-f'~:'-:,\~!~-;'\~"V-')!'~": "-{j/~~~ 213' "". "". '<~~f" ;A~~1:t,.f ~(l%?J:~~" ~5\f\' .,," , .;f;" "'~'~~t(~i:~)f~""""J^:-7' ~."~ ~ . ,,_..~..~B!'~.". .~31lO~..' c.-' ~o: ~':::~:fflf~'v~~~~~~i1^'::>~~-' <',' ", "V..... . .... 4V:<&.'" / '.. ..138UI ~. .n8ill' ~~~~...ik~:. ~ r ;.: :.. < _ -~ ~- n :'i--. 13795/ " :/ . ,~<i~.:>'~~t;.>~,7~f~~.{ ~..,-- -;' " ?~,," '? _'. : 2736 . '. _., 13809'" 13aUl:H;!.-d ~-; " < !oc:..j 'J..^ 13776 !:J .,. ;;720 ~ , ~"':-}<:t:,,;,~~,t-''''' ,1' O....~ (j ,.13787 19:- "-"'. / ~!'-<"I:""> ~"t>"..~...: . ''''"''b oj'. . tJ " ,'. <)>Q: 2G35 r' . -~. ($> . {}" .13779 '"-,,.p79G"',#/2G70/ .'v 7)1'-</1" '.-' {.l 2:~", <'?,' " ..../137;8../~,/.".,. 265~;~6<~'~' ,,:j/i~f.{.~l, 0 '\ 27~! ,';;_ / ~ ,1378~ ' , /;z634/ ,,( ).\' ~1!) 12~ 2605 r ,2519 ~507 ,..~"" .,.";<2~3~{725 #, l'37;11t.~,_/2622,,~:J~W'.2"" '''.. 2521., . / ,.,.....:>~'. .. ~~i3i84 h :.'.';''''i "', .... "''' "',. , "'" 2~:';:': / 'fri" ^ 13m' ".~ }'(~:'F.,~' i~? /&(~/ ;::;>. . 25151"'! 131H 4""<:"",''-:-''''':'i(~!$/'t;,.. 261? ,,~GO..' ,1' J3871-/ AVE . '. ... 2730,' ~ 'i:,:-,:~",,,,,,,,":).'1.~'i~,~;'{:::',:':'~~' ~6io; <' 13731 '.' , " ...'.".,."....1.::1.."'. Odc..;iJ....'.,"O.'I... .0.,.'" '.'.''''--- 'T1'J\..'t.2'6'JQ' U12S" ,h71s./ 13753 ,...; ",,;,-:,,;:.:~:,\/t{:;K."l':'<':':":'!':;;"- <,',' "2:556 ; . '. 1.3731 "'. . "'. / " ' :::. ..: ..:...:'''.'.,.".1.'.,....'''.''......'''........'....................'.'..."- ..........f' ",' .... 2542 2526 2512'/.2514 ___/ .,.'" ", \ / ......'.:~:.-:,:~.':f;!:'O,'r~'?,".~':riii~;/. 604 2W"h. .' 5;: __ '-, / 2733 2705~.::~}{::..~.1..-'.-..""'.:";~>' .-,..,.-. .... 13718/137.~ ~ B1l6 13713 " , ",(.___~, .~.." ,...... .~.,.~. ; VI i371~\ ,>:'.j,;~".",;' ;' 2621: 2601 2557 ,2543 1521 ~ 1371.5 .~'" .~""."..~' ' t~.;.1::::.J:i5.~ ",' '. . 2461./25O!- LA/(f;BLVD B-UNKERLAKEBtVD BUNKER 1..AXE.8tVO . .,_"~~~ !.AKEBLlID ~.~~~~~ _LAKE'B!.VD BUNKER l~8r.V'.) BUNKER tAKE BLVD , , . 13692 13691.. 1l1)8!>' ~ 2300 COON.dl~.7.?2 !:1.l' .,.131)88, Q 13HI> ' I ~. 136&1 13683 13682 . " . ~ () 277Z; ~., ' 13632,' "" ; ~ f 13654 ~; 13'78 ~ 13677 .-'13677 . ~ "..no ~.!!t. 13672 ~ 13676 ~ 2356 -31>24 ';:} 131>4-2 ~ ,,'_ ..' .. ..'... ,.. ""1' 1.36G.9 Iii 1.3671 q 2387 t"" ; ^' ~ 1.3666 136G9 ""I.'\.'\,N . H'I.~, k."! 2'620 13668 13670 !:6 5 _,,,. ~. I j 13630 , 1.3663 13664 ?i: 13665 13610 t1'; ~ 1360-1 ' I 13654 13657 1 13662 :><:, CD j . , ;2435 5TA {IO r- i / : 13:64-a i 1365-1 i.U 136.57 13652. 13659' -^'-'. ill p. i3 ; 136112 e:. ~!1ry 13562; ; 136!-8 13611 13633'\ <;:: 1J6TH LN 136TH1...N __0',' /~3606 1363~/ " . ';21>33:21>19 :259:1: 256::1 2551 1; 136M 'In' 2422 23S<l 13550 13563 '~628. '....'i>J3.617.". :::. 13637 . ~ 241>4,2400: 2436 >'2352 . .". ". ,,' ',:Zl~ lJfiTH AVE 13619 13622 '~ !a5.!0 :120 240 $00.... 4~O tt r1361~. ,.// pii04.. v 0.... 2634 2620 )59-2 25f>..1. 2544 0 n&;t\t1. ._,.., , 13609 Disclaimer: This information is being distributed as demonstration data only. You should not use the data for any other purposes at _" this time. This information is to be used for reference purposes only. W Copyright@ 2010 City of Andover, All Rights ReselVed E s r: II ij 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US March 16, 2011 Re: Cros.stown ~rive NYV Reconstruction (City proje'-' Public Heanng Notice ',.",'" Dear Property Owner: A feasibility report has been prepared to determine the estimated costs associated with road improvements in your area as a portion of the 2011 Street Reconstruction project. The proposed project consists of milling the existing bituminous roadway, replacing the concrete curb and gutter, minor storm sewer repairs, and constructing a new bituminous surface. The total estimated cost of the proposed improvements for Crosstown Drive NW are $341,880,00. This estimated cost includes construction costs, contingencies, and indirect costs. Fifteen percent (15%) of the total project costs (excluding extra pavement depth and bituminous trail costs) would be assessed to the benefiting properties in accordance with the City's Roadway Reconstruction Asses:;m.ent'Policy and council direction on the assessment percentage. The total estimated assessment amount is $38,330.00. The remaining eighty-five percent (85%) of the total project costs (including extra pavement depth and bituminous trail costs) would be funded through Municipal State Aid funds. The City costs are estimated at $303,550.00. An informational meeting was held on November 22, 2011 to discuss the project and receive feedback and comments from property owners proposed to be assessed. The estimated assessment rate per front foot is $13.53/ front foot. The attached exhibit depicts the estimated total assessment per parcel. Actual assessment amounts will be based upon actual projects costs. This cost could be assessed over a 1 O-year period at 5.5% interest (maximum rate), or the assessment could be paid in full with no interest within 30 days of the final assessment hearing, which would take place in the fall of 2011. Enclosed is a public hearing notice for the proposed project. If you have any questions, feel free to contact me at (763) 767-5130, or David Berkowitz, Director of Public Works/City Engineer at 763-767-5133. Sincerely, R~ Jason J. Law, P,E. Assistant City Engineer Enc1. cc: ~10r & City Council avid Berkowitz 'f\NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENTS PROJECT NO.tO'-30. CROSSTOWN DRIVE NW RECONSTRUCTION NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, at the regularly scheduled City Council meeting on Tuesday, April 5, 2011 at 7:00 PM to consider construction of the following improvements: Crosstown Drive NW Reconstruction The properties to be assessed, pursuant to Minnesota Statutes Section 429, for the improvements are within the following described area: Fronting Crosstown Drive NW between Bunker Lake Boulevard NW and Yukon Stfeet NW The estimated assessment rate is $13.53 I front foot. Such persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. CITY OF ANDOVER lJaeMPl JJ~. Mi helle Hartner - Deputy City Clerk Publication Dates: March 25 & April 1 , 2011 (Anoka Union) " " - ~ E ~ ~ ~ < ooooooo~~o~~o~o ~ ~=~~~~~~~~~~~:~~~ ~ ~5~~~~;~~~~~~~~~~ ~ ~~__________~M__~ ~ ~ :l ..: ~~~~~~~~~~~~~~~ ~ .... ~ M r- It) :'!; e~SS8SSSS~~S~~S;~ ~ ~~ VN ~ ~ .E' ~ U N " ~ ~ ~ o 1-< 1-0 ..... .... 1-< I-< .... ..... .... I-< ~ .... l-< E E E E E E E E E E .t E E ~~~~~~~~~~~~~ ~ M ~ 0 '" " ~ ~ ~ M 0 ; ~~~~~~~~~~~ ~~Z i ~zzzzzzzzzz z ~ :g ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ :: <'C'~'C'C'C'C'C'C'C'C.~CC 0 ~QOOQOOQ00080o - g==C.d=F:CC:==<lli:l~ ~ ;t~~~~~~~~~~~~B ~ O'ii'el'ii'ii'ii'il'gJ~ri'iig.m~ ~ eee882eeeef-<gg S ~~~~~~~~~~~~~ ~ _Nf'I'l'O:t<n\Dl:-O_NOVlCX) ~CX)CX)oooooooo~~~Nr-r- ~ Mf'I'lMf'I'lf'l'lMMMf'I'lf'l'lOMf'I'l 0 __________~__ U " n ~ o ~ .e ~ - ~ a ~ € " u ~.a - g ~ ~ s --g = CCl g ~ ~~ e 'E 0 5 ~ ~ q:: e >'.S ~ ; e o~ j g~~ ~~ uofr = ~ w c::'::"VJ ~~ gdd~:J~Cl E ~ G)g~~<CCClo=~a~~~;>. ~ -< .~ "0 ...... ~ G) <C C'd 0 ell "C '" '" 1:1 :3= <!) 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Z, \ 2011-02-25 08:36 MARIO'S STOP N SHOP 17637543957 >> +18005524307 P 1/1 COMMENT SHEET Crosstown Drive NW Informational Meeting Tuesday, February 22, 2011 6:00 p.m. - 7:00 p.m. Name: IYJtl// [J S SliJP /V'))JT (~)r"t'''''1' t~{{1r/47f ) ,J Address: 11 '121)- (;"f.)S5 1iJtr )n D J" II JuJ I&-k:#;Ij/(,'l' Phone: 7[;.1.- 7?# - .-25;26 B.Jblt: !-i1.y,',' 7-6'3 })j}i- 315'1- Check the fOllowing boxes jf you have an underground sprinkler system or electric fence, D Existing Underground Sprinkler System 10....- ~~. Jc,.~ CJ Existing Underground Electric Fence Comments; vA .. / "'/(J'1<:.Iru-.lty 1;);:; .,j;r",cJ./IVir!,'II.",eci-i:IT'1. /1)11,;['/ ltlt' ;'1J",.:' :~~; . :';::S/J:~M:I ~';Z :~:;:~;,; Cl/Jt)7%,., Va" :">Yi:dl/lI'1 (~1l1'Jt\ '7/1) I'O-I(L J1(J7 {pIt .'f /IlL Ii),. A/r. af~ f.ir /':' vitAe fi!J (.4)//'1 6'?"l/J.Jlck,' ;:/:; ~?(~!jJ~;:::~ ,:r;~:~~~ ,J' J it Jt (.;tl? ,2{,1/(//1/f:: 1:t4... &)H<;/rtU~~)r) !i!.1t?Ju.1n4 Jy <:/irtft",/ ~ . U , ..' I' " I),. .. ~ ',: .1!"./ - --.---n;;.l;u,.y Q.-~IIII"'''''I\ VI 1"'-. v v.... IIQYIl;;;; c;( 3"'-Q'I;oI''''Q\I''~ .........,'1....1 .\nl....-';Of'II.-'~-gl,.... .....1.. r-'.....Ug,.,'7--......v'W...... ..........'W-.,,-,....-....f'....,. .-................. ........ site. We did ask at the information meeting if there could be a specific exception, meaning on a specific date and time, allow parking on one side of the street. We were told no, it wasn't an option. If you had no street parking on your road, what would you have done? How far does the state aid designation go? Understanding the city has accepted state funds means something is given in return. What is the cost and what is the benefit? 2- Proposed intersection changes at Crosstown Drive and Crosstown Blvd. . The elimination of the left turn onto Crosstown Drive for northbound Crosstown Blvd traffic will result in many, many more vehicles driving on Crosstown Drive. The people who currently turn left on Crosstown Dr then take the immediate right onto Yukon to get to the homes in the developments behind us will have only 2 options: enter Crosstown Drive at Bunker and turn either at 138th or go all the way to Yukon. . With the already extremely high volume of traffic on our road, which rarely travels at the posted speed limit, the proposed sweeping lane coming South on Crosstown Blvd will really be like a freeway entrance to Crosstown Drive. There will be nothing that forces drivers to slow down as they come around the bend onto our road. 1 . We were concerned about fire response time to our developments with the crossing at this intersection from 139th Ave being eliminated, but we were told there would be a way for emergency vehicles to get to us timely. This should be a requirement, and sounds like it will be. Thanks. . It would seem that stoplights would be a better safety option, but the county doesn't agree, with road improvements required for the lights being installed and putting the price out of reach. . Would stop signs work as a decent control? These are our main concerns/comments/questions. Thanks for offering to listen. Cathy Strommen This message contains information that is confidential and may be pri vileged. Unless you are the addressee (or authorized to receive for the addressee) , you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e-mail and delete the message. 2 , UD 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . W . NDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Devel FROM: Courtney Bednarz, City Planner SUBJECT: Discuss Sign Code - Planning DATE: April 5,2011 INTRODUCTION This item is intended to introduce suggested modifications to the city's sign regulations to allow for entrance monument and information signs that are currently being considered by the EDAlCity. DISCUSSION In the process of evaluating locations for city entrance monument and city information signs it was determined that the City Code regulations for signs and the definitions for sign types did not match. This amendment is intended to modify the regulations to conform with defined sign types as well as to correct a few other deficiencies as described below. Exemptions. Generallv The introduction to the exemptions section currently reads as shown below: 12-15-4: Exemptions: The following signs shall not require a sign permit, provided that the general sign regulations established in this code are met: This statement is problematic because 'general sign regulations' could encompass any or all of the language in this chapter and defeats the purpose for allowing exemptions. Additionally, the regulations need to be required or exempted with clarity for them to be applied fairly. The proposed code amendment would clarify what is required as shown on page 6. Governmental Sil!ns An exemption is currently provided for temporary governmental signs as shown below: 12-15-4 B. Temporary Governmental Signs: All temporary governmental signs used to control traffic during road or utility construction activities and provide information or warning to the public. While this section identifies information as one of the intended sign purposes, these types of signs are not always temporary, such as the entrance and information signs currently being considered by the city. Interestingly, City Code 12-2 Definitions does not establish a temporary governmental sign. Instead this section establishes the type of sign shown below. Sign, Governmental: A sign that is erected by a governmental unit or public utility for the purpose of public information, warning or directing traffic. 1 It appears that the word temporary was added in 12-15-4 B. to address temporary construction signage without regard for the other types of signs included in the established definition in City Code 12-2. The proposed code amendment would restore the established definition to this section ofthe sign regulations as shown on page 6. 12-15-4 B. Private Traffic Circulation Sil!ns The existing language is out of date. The city utilizes the Minnesota Manual of Uniform Traffic Control devices (MMUCT) to review private traffic circulation signs. This manual provides size, location, height and other details for signs and striping. The proposed code amendment references this manual on page 6. ACTION REQUESTED The Council is asked to discuss the suggested modifications to the City Code. If found acceptable, a public hearing will be scheduled for the April 19th Council meeting. If there are other areas that the Council wishes to address, please share these thoughts at the meeting so the public hearing notice can include the necessary information. Attachments Proposed City Code Amendment Summary Ordinance 2 ~I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. - AN ORDINANCE AMENDING CITY CODE TO CLARIFY THE EXEMPTIONS OF SIGN REGULATIONS THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS 12-2-2: DEFINITIONS: The following words and terms, whenever they occur in this title, are defined as follows: SIGN: A name, identification, description, display, structure, illustration, or device which is affixed, painted, or represented either directly or indirectly upon a building or other surface which directs attention to an object, product, place, activity, person, institution, organization or business. SIGN, ABANDONED: A sign which no longer correctly advertises a bona fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed, or elsewhere. SIGN AREA: The area within the frame shall be used to calculate the square footage; except, that the width of a frame exceeding twelve inches (12") shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fascia or in such a way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six inches (6") beyond the periphery formed around such letters or graphics in a plane bounded by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign. SIGN STRUCTURE: The supports, upright, braces and framework of the sign. SIGN STYLES: Sign, Audible: Any sign constructed to produce or emit sound. This shall not include order boards used in conjunction with a drive-thru window. Sign, Bench: A sign that is affixed to a bench, not to include memorial dedications in park areas. 3 --- Sign, Combination: A sign incorporating a combination of the features of freestanding and wall signs. Sign, Flashing: An illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color. Sign, Freestanding: A sign that is supported by one or more uprights, poles or braces in or upon the ground, other than a combination sign. This shall include ground monument style signs. Sign, Illuminated: Any sign that has characters, letters, figures, designs or outlines illuminated by electric lights or tubes. Sign, Multifaced: A sign with two (2) or more exposed faces, not to exceed the square footage allowed for a single face sign. Sign, Reader Board: A sign that has a reader board where copy changes. Sign, Roof: A sign erected upon the roof deck or above the parapet of a building. Sign, Wall: A sign attached to or erected against the wall of a building with the exposed face of the sign in a plane parallel to the plane of said wall. SIGN TYPES: Sign, Area Identification: A freestanding sign that identifies the name of a neighborhood, a residential subdivision, a multiple residential complex consisting of three (3) or more structures, a shopping center or area, an industrial area, an office complex consisting of three (3) or more structures, or any combination of the above, could be termed an area identification sign. Sign, Ballfield Advertising: A sign that is attached to the outfield wall or fence of a baseball or softball field and advertises a business, good, or product. (Amended Ord. 330, 6-6-2006) Sign, Billboard: A permanent sign or sign structure with a changeable face used to advertise products, goods, or services that are not sold, offered, or otherwi~e related to activities conducted on the premises on which the sign is located. Sign, Business Or Industrial Identification: A sign which states the name, address, or both, of the businesses, or occupants of a lot. Sign, Governmental: A sign that is erected by a governmental unit or public utility for the 4 purpose of public information, warning or directing traffic. Sign, Institutional: A sign and/or reader board that identifies the name and other characteristics of an institutional use located within designated zoning districts and allowed by this title. "Institutional signs" shall contain no advertisement. (Examples: churches, schools, sanitariums, hospitals, government buildings and nursing homes). Sign, Memorial Dedication: A sign memorializing a person or persons, deed, or event. Such signs shall not include any type of advertising or commercial message. Sign, Real Estate: A sign offering property (land and/or buildings) for sale, lease or rent. Sign, Residential Identification: A sign identifying a resident (including address and profession, occupation or home occupation), school, church, or other non- business use. Sign, Scoreboard Advertising: A sign attached to a permanent scoreboard structure at an athletic field that advertises a business, good or product. (Amended Ord. 330, 6-6-2006) Sign, Temporary: Any sign placed in such a manner as not to be solidly affixed to any building, structure, or land. Sign, Unsightly: A condition where a sign has deteriorated to the point that one- fourth (1/4) or more of the surface of the name, identification, description or other symbol is no longer clearly recognizable to the human eye at a distance of forty feet (40'). In the case of painted signs, "unsightly" shall mean that the paint is peeling away from the structure surface or is faded so that it is not recognizable to the human eye at a distance of forty feet (40'). CHAPTER 15: SIGNS SECTIONS: 12-15-1: Purpose 12-15-2: Scope 12-15-3: Permit Required 12-15-4: Exemptions 12-15-5: Signs Prohibited in All Districts 12-15-6: Real Estate Signs 12-15-7: Performance Standards 12-15-8: Permitted Signs and Standards by Zoning District 5 12-15-9: Signs Allowed by Conditional Use Permit 12-15-10: Temporary and Promotional Signs 12-15-11: Inspections 12-15-1: Purpose: The purpose of this section is to allow effective signage appropriate to the planned character of each zoning district and to provide minimum standards for the safeguard of life, health, safety, property and public welfare by regulating and controlling the design, quality of materials, construction, type, size, location, and maintenance of all signs and sign structures not located within a building. 12-15-2: Scope: The sign regulations set forth in this chapter shall apply to all structures and all land uses, except as otherwise provided in this chapter. All signs allowed by this chapter shall be limited to on-premise signs, except where otherwise specifically noted. 12-15-3: Permit Required: A permit is required for the installation of any sign in the City except for those exempted in section 12-15-4. A permit application shall be submitted and a fee established by the City Council shall be paid before a permit is issued. There shall be no fee for governmental units or nonprofit organizations. 12-15-4: Exemptions: The following signs shall be allowed without not require a sign permit, provided that the general sign regulations established in this code are met the siqn conforms to City Code 12-5-5 and the requirements for each type of siqn shown below: A. Election Signs: Election signs are permitted on any private property. Such signs may be displayed from August 1 until ten (10) days after the general election. B. Temporary Governmental Signs: 1\11 temporary governmental signs used to control traffic during road or utility construction activities and provide information or warning to the public. Any siqn that is erected by a qovernmental unit or public utility for the purpose of public information. warninq or directinq traffic. -BC. Private Traffic Circulation Signs: Private traffic circulation signs in parking lots, and pedestrian circulation signs, and traffic warning signs in alleys or other hazardous situations are permitted, provided,. the sian conforms to the Minnesota Manual of Uniform Traffic Control Devices (MMUTCD). as amended. 1. Individual signs do not exceed three (a) square feet. 2. The minimum number necessary for purposes intended is utilized. 3. Such signs are utilized exclusivoly for purposes intended and permitted. (Amended Ord. 8, 10 21 1970) GO. Normal sign alteration and maintenance shall not require a sign permit, including: 6 1. The changing of the copy or message on a reader board sign, or changing a message on theater marquees. 2. Maintenance, painting, repainting or cleaning of a sign unless a structural change is made. 12-15-5: Signs Prohibited in All Districts: The following signs shall not be erected within the city: A. Any sign that, by reason of position, shape, movement or color, interferes with the proper functioning of a traffic sign or signal or which constitutes a traffic hazard. A. There shall be no flashing or revolving sign in the front setback area within one hundred twenty five feet (125') of a street intersection (as measured from intersecting right of way lines) or within one hundred twenty five feet (125') of a residential district, except where such sign in no way constitutes a traffic hazard. C. Signs painted directly on a stone or on the outside wall of a building or any sign affixed to a fence, tree, or utility pole. D. Roof signs, roof advertising symbols, roof logos, roof statues, or roof sculptures. No sign shall extend above the roofline. B. Signs within the public right of way or easements, except as authorized by the governing body. C. Audible signs. D. Billboard signs. E. Signs displayed on parked semi-trailers used primarily for advertising purposes. F. Any sign which contains information, whether written or graphic, that is obscene in nature. G. All signs not expressly permitted or exempted under this chapter. 12-15-6: Real Estate Signs: Signs advertising the availability of property for sale, lease, or rent shall be allowed in all districts, subject to the following provisions: A. All real estate signs shall be subject to the provisions of this chapter, except herein provided. B. All signs shall be removed within seven (7) days after the completion of the advertised sale or lease. C. Signs advertising new residential or commercial developments are permitted, provided that: 7 1. Such signs do not exceed thirty-two (32) square feet in size. 2. There shall be no more than one such sign per street frontage of the development. D. Signs offering individual properties, either land and/or buildings, for sale, lease or rent shall be limited to six square feet in size. One such sign shall be permitted per lot. A sign permit is not required for the placement of these signs. 12-15-7: Performance Standards: A. Construction Requirements: All signs shall be in compliance with applicable provisions of the Andover Building Code. Every person engaged in the business of erecting signs in the city is required to have a valid contractors license issued by the Building Department. B. Maintenance And Repair: All signs shall be maintained so as not to be unsightly or create hazards to the public health, safety, or general welfare. All signs, together with their supports, braces, guys and anchors, shall be kept in good repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The City may order the removal of any sign that is not properly maintained. C. Obsolete Signs: Any sign that no longer advertises or identifies a bona fide business conducted or product sold on the premises shall be removed by the property owner within thirty (30) days after written notification from the Zoning Administrator. Support posts and frames that no longer contain signage must be removed by the property owner within six (6) months after written notification from the Zoning Administrator. B. Size and Placement Standards: 1. Illuminated signs located within fifty feet (50') of a residential district lot line shall be diffused or indirect so as not to reflect direct light into adjacent residences. 2. In all districts, any portion of any sign exceeding four (4) square feet shall be set back a minimum of ten feet (10') from any street right of way line and five feet (5') from any residentially zoned property line. 3. Projection: Signs may project a maximum 2 feet into a required building setback area. 4. Automobile service stations may erect one pylon or pedestal sign not to exceed twenty five feet (25') in height in a setback area, provided no part of any such sign shall be closer to the side lot lines than the required side yard setback, nor within five feet (5') of the rear lot line or any street right of way. 5. Multi-faced signs shall be permitted, with the maximum square footage on each side. Multi-faced signs shall not exceed two (2) times the area of single faced 8 signs. 6. All corner and double frontage lots shall be considered as having two (2) front lot lines for application of regulations pertaining to signs. C. Area Identification Signs: Area identification signs, including off site signs, shall be permitted in all districts subject to the provisions of this chapter and with the following conditions: 1. The sign shall not be separated from the area or project it identifies by an arterial roadway. 2. The sign shall be within 500 feet of the project it is identifying. 3. The sign shall not be included in the total signage permitted for the property on which it is located. 4. The owner of the property where the sign is to be placed shall give written permission for the sign to be placed on their property. 5. All area identification signs shall be identified on the plat or commercial site plan. D. Ball Field and Scoreboard Advertising Signs: Ball field advertising and scoreboard advertising signs shall be permitted in all districts subject to the provisions of this chapter and with the following conditions: 1. Ball field advertising signs shall not be visible from adjacent residential properties when viewed at ground level. 2. Ball field advertising signs in City parks shall be subject to the City of Andover Park Advertising Policy. 3. Scoreboard advertising signs shall be placed in such a way so as to minimize to the greatest possible extent the exposure to adjacent residential properties. 4. Ball field and scoreboard advertising signs shall not be illuminated when not in use for ball games. 12-15-8: Permitted Signs and Standards by Zoning Districts: Signs shall be permitted by zoning district in accordance with the following standards: A. Residential Districts: 1. Type: Area identification, ball field advertising, institutional, residential identification, scoreboard advertising, temporary, any sign exempted in section 12-15-4. a. Portable, trailer based temporary signs shall be permitted for governmental or institutional uses only. 9 2. Style: Combination, freestanding, wall. 3. Number: One per lot frontage. 4. Height: Not over ten feet (10') above grade except as otherwise provided herein. 5. Illumination: Indirect or diffused lighting of signs is permitted. 6. Size: a. Residential identification and temporary, as follows: Parcels (Land) Size Maximum Square Feet Per DwellinQ On parcels less than 5 4 acres On parcels of 5 acres 16* but less than 20 On parcels of 20 acres 20* or greater *Signs greater than four (4) square feet on parcels of land five (5) acres or more in size shall only identify agricultural related uses. b. Institutional Signs: Institutional signs up to thirty-two (32) square feet n-sball be permitted. Sixty-four (64) square feet of signage is permitted for multiple frontage lots. c. Area Identification Signs: One freestanding sign shall be allowed at each street entrance to a subdivision provided: (1) The area for development is larger than five (5) acres; (2) All signs shall be identified on the preliminary plat. (3) The maximum square footage of the sign is thirty-two (32) square feet. (4) The sign is located ten feet (10') from any property line. B. General Recreation (GR) and Limited Business (LB) Districts: 1. Type: Area identification, ball field advertising, business identification, institutional, scoreboard advertising, temporary, any sign exempted in section 12-15-4. 2. Style: Combination, freestanding, illuminated, wall. 10 3. Height: No taller than the highest outside wall of building, or twenty-five feet (25'), whichever is less. 4. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of two (2) square feet per front foot of building. b. No single sign shall exceed two hundred (200) square feet. c. No individual business signs shall be arranged so as to create one integrated sign that exceeds two hundred (200) square feet in size. C. Shopping Center (SC) and Neighborhood Business (NB) Districts: 1. Type: Area identification, ball field advertising, business identification, institutional, scoreboard advertising, temporary, any sign exempted in section 12- 16-4. 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of three (3) square feet per front foot of building. b. No single sign shall exceed one hundred (100) square feet except area identification signs, which shall not exceed three hundred (300) square feet. 4. Height: No taller than the highest outside wall or parapet or twenty-five feet (25'), whichever is less. D. General Business (GB) Districts: 1. Type: Area identification, ball field advertising, business identification, institutional, scoreboard advertising, temporary, any sign exempted in section 12- 16-4. 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed two hundred fifty (250) square feet, except area identification signs, which shall not exceed three hundred (300) square feet. 11 F 4. Height: No sign shall be more than twenty five feet (25') above grade. E. Industrial (I) Districts: 1. Type: Area identification, ball field advertising, business identification, scoreboard advertising, temporary, any sign exempted in section 12-16-4. 2. Style: Combination, flashing, freestanding, illuminated, wall. 3. Size: a. The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. b. No sign shall exceed three hundred (300) square feet. 4. Height: No sign shall be more than twenty-five feet (25') above grade. 12-15-9: Signs Allowed By Conditional Use Permit: A. Permitted Signs: The following signs shall be allowed by conditional use permit: 1. Marquees of any type, with or without signs. 2. Signs on benches (not in city parks), newsstands, cabstand signs, bus stop shelters and similar places. 3. Real estate signs over thirty-two (32) square feet per lot frontage and exceeding other sign area limits in business and industrial areas. 4. Institutional signs in residential districts with an aggregate square footage exceeding thirty-two (32) square feet and/or more than one sign per lot frontage, provided: a. The sign is located ten feet (10') from any property line. b. The aggregate square footage of sign space shall not exceed one hundred (100) square feet. c. The sign shall be of the following styles: combination, freestanding, or wall. d. The sign shall be located at least one hundred thirty feet (130') from any residential structure. 12-15-10: Temporary and Promotional Signs: The following signs are permitted, subject to the provisions of this chapter: A. Temporary Signs: Temporary signs shall be permitted in any district in any yard area 12 except, that: 1. Such sign shall not be within ten feet (10') of any street right-of- way or within five feet (5') of any other lot line. 2. There shall be no more than one (1) such sign per business. 3. The total area of such signs shall not exceed thirty-two (32) square feet. Non- institutional signs in residential districts shall be limited in size as outlined in section 12-16-8-A-6 of this code. 4. A maximum of 30 days of temporary signage is permitted per business per year. B. Promotional Signs: The City Administrator or designee may approve signs or other devices that do not comply with the standards of this title when they are found to be in conformance with public health, safety, and welfare. Such signs or devices may be used to attract attention, special promotional events (grand openings, carnivals, craft shows, flea markets and other similar events). Such events shall not exceed ten (10) calendar days per year. Examples of the signage and devices that may be approved in this manner are spotlights, skytrackers, balloons, and similar devices. Such signage shall not be counted against the permitted 30 days of temporary signage. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) C. Temporary Real Estate Signs- The City Administrator or designee may approve temporary, off-site real estate signs. 12-15-11: Inspections: Upon proper presentation of credentials, the Building Official or his duly authorized representatives may enter at reasonable times any building, land or structure in the city to inspect or re-inspect any signs. (Amended Ord. 8, 10-21-1970) 13 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. - SUMMARY AN ORDINANCE AMENDMENT TO CITY CODE 12-15 SIGNS 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 and to clarify the exemptions from sign regulations. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions ofthis ordinance shall apply to the City of Andover. Enforcement The City Administrator or hislher 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 ofthis 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 ,2011. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 14 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: April S, 2011 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: I. Administration & City Department Activities 2. Legislative Topics 3. Update on Development/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.