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HomeMy WebLinkAboutCC - July 6, 2011• NDO 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Wednesday, July 6, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (6/21/11 Regular; 6/21/11 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Plans & Specs /Order Advertisement for Bids /11 -2a, Flintwood St. NW & 11 -24, Butternut St. NW, 173rd Ave. NW & Flintwood St. NW — Engineering 4. Approve Plans & Specs /Order Advertisement for Bids /11- 11Andover Station North Ball Field Parking Lot Expansion - Engineering 5. Accept Contribution/CenterPoint Energy /Andover Fire Dept. — Finance 6. Approve Massage Therapy License/Inner Sanctum Salon & Spa — Administration 7. Amend Fee Ordinance /Code — Trailer Parking Fine - Finance Discussion Items 8. Consider Code Amendment/Title 6 Chapter 2/ Parking Regulations/Parking Boat TrailersNiolations;Penalty — Planning 9. Consider Code Amendment/Title 5 Chapter4/ Weapons Discharge/Exemptions From Provisions - Planning Staff Items 10. Schedule July EDA Meeting —Administration 11. Scheduled August Council Workshop — Administration 12. Administrator's Report — Administration Mayor /Council Input Adjournment I AL C I T Y O F Cl) ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN. US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM :. Michelle Hartner, Deputy City Cle SUBJECT: Approval of Minutes DATE: July 6, 2011 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: June 21, 2011 Regular June 21, 2011 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 REGULAR ANDOVER CITY COUNCIL MEETING —JUNE 21, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 21, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, and Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson City Planner, Courtney Bednarz Others PLEDGE OFALLEGIANCE SPECIAL PRESENTATION — CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT Mr. Tod Norgren a representative from CenterPoint Energy was present at the meeting to present the City Council and Fire Department (Fire Chief Dan Winkel) with a CenterPoint Energy Community Partnership Grant to be used for the purchase of tools and equipment for the major incident trailer. The grant was in the amount of $1,000. Fire Chief Dan Winkel thanked CenterPoint Energy for the grant. The money will be used for the major incident trailer which will be used by the Fire Department, Police Department and EMS. It will be a county -wide resource if needed. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mr. Dickinson noted there was a supplemental item which should be added as item 5a under the consent agenda. 5a. Award Quote /11- 30/167`" Lane NW Turn Around Project Motion by Jacobson, Seconded by Bukkila, to approve the Agenda as amended above. Motion 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —June 21, 2011 Page 2 carried unanimously. APPROVAL OFMINUTES May 2, 2011 Joint Meeting: Correct as amended. Councilmember Trude noted on page 3, line 13 "is" should be changed to "was ". Councilmember Jacobson noted on page 5, line 15 insert the words after "may ask for a reduced franchise fee ". Motion by Trude, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. June 7, 2011 Regular Meeting: Correct as amended. Councilmember Trude requested a correction on page 10, line 22, strike "included in the staff report" and replace with "taken directly from the Statute." On page 12, line 21, strike the word "were, as" corrected to read "the same as in 2010 at $29,400." On page 12, line 22, after the word "individuals" insert "rather than decrease the amounts using the current index. She explained low income seniors relying on social security never have decreases related to deflation, so our index should hold flat in any year the index decreases ". On page 12, line 26, correct the wording of the motion to read "Motion by Trude, seconded by Mayor Gamache, to keep the levels the same as last year and keep them flat in the years of declining index. Motion carried 3 ayes, 2 nays (Bukkila, Jacobson). On Page 13, line 15, correct the word Ash Bore to Ash Borer. On Page 13, line 23, correct the time to 6:00 p.m. On Page 4, line 21, change the word "were" to was not reflected in the minutes. Councilmember Jacobson requested on page 12, lines 26 -27, remove Motion carried unanimously. On Page 12, line 28, add the comment Councilmember Jacobson noted that his no vote was because we used the matrix in the past to determine the amounts and with this vote we are varying from that matrix. Councilmember Trude corrected the word matrix should be "index ". Councilmember Jacobson corrected on page 5, line 43 the word "to" be stricken. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —June 21, 2011 Page 3 On Page 1, line 34 -35, referred to "She requested the pumping be postponed until the following week to allow for some of the standing water to soak in." Mr. Berkowitz stated Ms. Kaufenberg was referring to the pumping of the well being postponed. Councilmember Trude referred to page 4, lines 18 -19 add a comma before the word(s) insert and make the "i" lowercase. Councilmember Bukkila referred to page 3, lines 34 -35, correct to read: Councilmember Bukkila stated we should let the public know if one Councilmember is aware of a situation, that does not mean all Councilmembers are aware. They cannot discuss issues or email between them all outside of Council meetings due to open meeting laws. Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. June 7, 2011 Closed Meeting: Approved with a correction. Motion by Jacobson, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Award Quote /11 -14 /Fencing for Tower #1 (Rose Park) Item 4 Commit Specific Revenue Sources in Special Revenue Funds — GASB #54 (See Resolution R049 -11) Item 5 Approve Appointment/Community Development Director Item 5a Award Quote /11- 30/1671h Lane NW Turn Around Project Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT Commander Kevin Halweg from the Anoka County Sheriff's Office, provided the Council and the citizens of Andover with an update on law enforcement activities within the City. Councilmember Bukkila asked about the curfew issues. Commander Halweg stated Sunday through Thursday there is an earlier curfew. Friday and Saturday night curfews are later and curfews differ depending on the children's age. CONSIDER CHANGES TO CITY CODE TO COMPLY WITH VARIANCE LEGISLATION Regular Andover City Council Meeting Minutes —dune 21, 2011 Page 4 1 BY THE STATE OF MN 3 Mr. Bednarz reviewed this item continues the discussion from the last Council meeting. He 4 provided a draft amendment addressing the changes in the state law regarding variances and 5 changes to comply with statutory language regarding the board of adjustments and appeals. 7 Mr. Bednarz noted the majority of the changes occur in City Code 12 -14 -7, where variances are 8 authorized and the criteria and process for obtaining a variance are identified. Several additional 9 sections of the City Code that make reference to variances are proposed to be amended to change 10 the language that conflicts with the new state law. 11 12 Mr. Bednarz reviewed City Code 12 -14 -9 is amended to identify the Council as the Board of 13 Adjustments and Appeals and to provide the statutory references that regulate the appeals 14 process. This change will retain the same process that has traditionally been used to review 15 appeals, but will expand the type of appeals that can be heard to comply with statute. 16 17 Mr. Bednarz reviewed the flow chart of approval processes covering existing and proposed 18 variance review process, proposed board of adjustment and appeals process, and existing board 19 of adjustment and appeals process City Code 12 -14 -9. 20 21 Councilmember Jacobson asked why the Planning and Zoning Commission is being cut out of 22 the process. He stated sometimes the Planning and Zoning Commission digs deeper on issues 23 and provides some good recommendations. Councilmember Knight stated they do not have the 24 power the City Council does. Mr. Bednarz stated the Council could still request the Planning 25 and Zoning Commission's review and recommendation. 26 27 Councilmember Trude stated this is a policy decision. Mr. Baumgartner stated it depends on 28 who the Council designates as the Board of Adjustment and Appeals. Mr. Baumgartner 29 understands this Council prefers to make the ultimate decision. 30 31 Mayor Gamache stated in the current code the Planning and Zoning Commission is acting as the 32 Board of Adjustments and Appeals. Mr. Bednarz stated if there was a staff decision which 33 required a public hearing, they would go directly to the City Council with their appeal. If a 34 request comes in for a variance it would follow the flow chart of approval processes. Mr. 35 Bednarz stated where a variance is needed they would come to the Council with their appeal. 36 37 Mr. Baumgartner stated there are two different processes for getting before the City Council. 38 One being the variance review process and the other an appeal of a staff review /decision. 39 40 Councilmember Jacobson asked if City Attorney Baumgartner is fine with the changes proposed. 41 Mr. Baumgartner indicated he had submitted a couple of minor changes to Mr. Bednarz this 42 evening and other than that, is fine with the revisions. Councilmember Jacobson asked 43 Councilmember Trude if she was satisfied with the revisions. Councilmember Trude stated she 44 was involved in conversations with Mr. Bednarz and Mr. Baumgartner and is satisfied with the 45 revisions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —June 21, 2011 Page 5 Mr. Bednarz reviewed the revisions submitted by Mr. Baumgartner. Councilmember Jacobson asked if a variance is not granted can the person come back a few years later and request it, Mr. Bednarz indicated they could. It was noted the Planning and Zoning Commission reviewed the proposed changes on May 24, 2011. The Commission recommended approval of the proposed ordinance amendment, including the modifications suggested by the City Attorney. Motion by Jacobson, Seconded by Trude, to approve the ordinance amendment with the City Attorney's revisions and direct staff to look closely for commas with Statutes and that the Council approves the ordinance summary for publication. Councilmember Knight asked about the earth shelter. Mr. Baumgartner stated the earth shelter homes are mandated in the State Statute. The language inserted into the City Code comes from the State Statute. Mr. Baumgartner noted when a variance request comes in for the temporary use of a one family dwelling as a two family dwelling it can be approved with conditions. Motion carried unanimously. (See Ordinance 407) DISCUSS JULY S, 2011, CITY COUNCIL MEETING Mr. Dickinson reviewed at the June 7th City Council meeting, some members of the Council questioned whether or not they would be able to attend the July 5, 2011 City Council meeting. Staff has reviewed what the potential agenda items would be for the July 5t City Council meeting, the following are the agenda items that have time sensitive aspects that need a Council decision made to meet with previously advertised project or payment schedules: 1. Approve Plans and Specifications and Authorize Advertisement for Bids for Project # 11 -24 Butternut Street NW /173`d Ave. NW/Flintwood Street NW (MN Stat.429) 2. Approve Payment of Claims Mr. Dickinson proposed the meeting should be rescheduled. Motion by Jacobson, Seconded by Bukkila, to reschedule the July 5, 2011 City Council Meeting to July 6, 2011 at 7:00 p.m. Motion carried unanimously. RESCHEDULEAUGUST 2, 2011 COUNCIL MEETING Mr. Dickinson reviewed August 2, 2011 is scheduled to be Night to Unite and also a regularly scheduled Council meeting night. To give the Council the opportunity to attend Night to Unite events scheduled throughout the City, he suggested that the August 2, 2011 Council meeting be rescheduled. Mr. Dickinson suggested some options as Monday, August 1, 2011; Wednesday, August 3, 2011; or another date acceptable to the Council. Regular Andover City Council Meeting Minutes — June 21, 2011 Page 6 1 Motion by Jacobson, Seconded by Trude, to reschedule the August 2, 2011 Regular City Council 2 meeting to Thursday, August 4, 2011. Motion carried unanimously. 3 4 5 ADMINISTRATOR REPORT 6 7 City Staff updated the Council on the administration and city department activities, meeting 8 reminders, CIP projects and development activity. 9 10 Mr. Dickinson reminded Council about the workshop scheduled for June 28, 2011 at 6:00 p.m. 11 and the concert on June 23`d at Andover Station. 12 13 Mr. Berkowitz reminded Council about the Grand Opening of the Skate Park on Thursday, June 14 23`d at 6:00 p.m. 15 16 Mr. Berkowitz thanked the Andover Baseball Association for cleaning Sunshine Park after their 17 tournament last weekend. 18 19 Mr. Dickinson announced the Andover Family Fun Fest is July 8 -9, 2011. 20 21 22 MAYOR/COUNCIL INPUT 23 24 (Main Street) — Councilmember Knight asked when Main Street is going to be opened. Mr. 25 Berkowitz stated he does not know the answer. 26 27 (Ms. Kaufenberg — Drainage Problem) — Councilmember Trude stated Ms. Kaufenberg was at 28 the last meeting regarding the drainage problem in her area. Mr. Berkowitz stated pumping was 29 done for one week. A consulting survey group was met with to obtain a quote for doing the 30 survey of the properties and the high school pond, an estimated price was received. The water is 31 in the drainage and utility easement. There is no structure in danger. Councilmember Trude 32 stated the neighbors are concerned about mosquito control and algae in the standing water. 33 34, Councilmember Bukkila asked the City Attorney about the City's obligation. Mr. Baumgartner 35 stated the City has the right to utilize the drainage and utility easement. The easement was 36 identified on the original plat. He stated at this point the question is did the City cause the 37 problem. He suggested staff continue with the current plan. 38 39 Councilmember Jacobson stated the Council had agreed to do the survey and determine if the 40 water is flowing properly. Councilmember Trude stated the water has been standing in the area 41 since April. Mr. Dickinson stated the easement through the yard is a drainage and utility 42 easement and the easements were all identified on the plat. He read the description of a drainage 43 and utility easement. The storage is allowed by Statute and the City has the legal ability to do 44 what it has done. Other ponds have been looked at throughout the City and the ponds are high. 45 Mr. Dickinson stated if we needed to do work outside our easement, permission would need to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes —June 21, 2011 Page 7 be granted by the Watershed District. Councilmember Jacobson stated the City needs to be careful because there are most likely other areas in Andover with similar situations of standing water. Councilmember Bukkila asked how soon Staff would be able to do a survey and Mr. Berkowitz stated approximately starting in a couple weeks. Councilmember Jacobson suggested the survey be done as soon as possible. Mr. Dickinson indicated the cost of an outside survey would be $2,500 - $3,000. Councilmember Knight asked if the Watershed could be contacted. Mr. Berkowitz stated before contacting the Watershed the survey needs to be completed. Mr. Berkowitz showed the area of the drainage and utility easement on a map. He showed pictures of other areas within the City with standing water. Mr. Berkowitz stated when he first received a complaint about the pumping of water from the well, the pumping was diverted elsewhere. Councilmember Jacobson stated there may be a benefit to having an outside company do the survey. Mayor Gamache stated once the cause of the issue is determined, a decision can be made as to a longer term solution and how it would be funded. Councilmember Jacobson asked if we can determine the level of the groundwater. Mr. Dickinson stated it is likely high. Mr. Berkowitz stated he contacted Mosquito Control and requested treatment be done. Mr. Berkowitz stated he was not aware there was an algae problem. Staff was directed to proceed with the outside consultant survey. (South Coon Creek Drive) — Councilmember Jacobson requested South Coon Creek Drive be discussed at a work session. Mr. Berkowitz stated it will come to Council by end of summer — early fall. (Town Hall Meeting) - Councilmember Trude stated there was a Town Hall meeting held here last evening hosted by a State Senator and State Representative. She stated attendance was good. Motion by Jacobson, Seconded by Knight, to recess the meeting to a closed session to discuss the Pitman Assessment Appeal. Motion carried unanimously. The regular meeting recessed at 8:35 p.m. to go into a closed session. The regular meeting reconvened at 8:50 p.m. from the closed session. Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 9:00 p.m. Respectfully submitted, Debbie Wolfe, Recording Secretary Regular Andover City Council Meeting Minutes —June 21, 2011 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —JUNE 21, 2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 SPECIAL PRESENTATION — CENTERPOINT ENERGY COMMUNITY PARTNERSHIP GRANT....................................................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 3 Item 2 Approve Payment of Claims .......................................................... ............................... 3 Item 3 Award Quote /11- 14/Fencing for Tower #1 (Rose Park) ............... ............................... 3 Item 4 Commit Specific Revenue Sources in Special Revenue Funds — GASB #54 (See ResolutionR049- 11) ............................................................................ ............................... 3 Item 5 Approve Appointment/Community Development Director .......... ............................... 3 Item 5a Award Quote /11- 30/167`h Lane NW Turn Around Project ........... ............................... 3 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 3 CONSIDER CHANGES TO CITY CODE TO COMPLY WITH VARIANCE LEGISLATION BY THE STATE OF MN (See Ordinance 407) .......................................... ............................... 3 DISCUSS JULY 5, 2011, CITY COUNCIL MEETING ................................ ............................... 5 RESCHEDULE AUGUST 2, 2011 COUNCIL MEETING ............................ ............................... 5 ADMINISTRATOR REPORT ........................................................................ ............................... 6 MAYOR/COUNCIL INPUT ........................................................................... ............................... 6 (Main Street) ............................................................................................... ............................... 6 (Ms. Kaufenberg — Drainage Problem) ....................................................... ............................... 6 (South Coon Creek Drive) .......................................................................... ............................... 7 (Town Hall Meeting) ................................................................................... ............................... 7 1.685 CROSSTOWN BOULEVARD N.W. o ANDOVER, MINNESOTA 55304 s (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Dii FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: July 6, 2011 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover DISCUSSION Claims totaling $319,196.56 on disbursement edit list #1- 3 from 06/23/11 — 06/30/11 have been issued and released. Claims totaling $551,071.33 on disbursement edit list 44 dated 07/06/11 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 REQUESTED The Andover City Council is requested to approve total claims in the amount of $870,267.89. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists u 0 0 �a Cl� U U U U U a\ 0 N M N b� �0 b v � a d V d d v a.. 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U U d a U N c v W O 0 P. x U x U H v 5 e 0 U ND OVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Approve Plans & Specs /Order Advertisement for Bids /11 -2a, Flintwood St. NW & 11 -24, Butternut St. NW, 173`d Ave. NW & Flintwood St. NW — Engineering DATE: July 6, 2011 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 11 -2a, Flintwood St. NW for street paving improvements and 11 -24, Butternut St. NW /173`d Ave. NW /Flintwood St. NW Street Improvements. DISCUSSION As part of the City's street maintenance program and by a petition received from the property owners adjacent to the gravel road of Butternut St. NW /173`d Ave. NW/Flintwood St. NW the subject projects are planned for street improvements. On May 17, 2011 a feasibility report was prepared for these improvement projects and was submitted to the City Council. A Public Hearing was held on June 7, 2011 and the project was ordered at that time. These two projects will be bid with another planned City project which is the Andover Station North Ball Field Parking Lot Expansion. Per policy the properties that benefit from the improvements.on the north side of Flintwood Street NW (existing paved section) will be assessed 25% of the total project cost. Per policy the existing gravel road which is City Project 11 -24 will be assessed 50% of the total project cost. The estimated total project costs for each development, as well as estimated City costs, assessable costs, and assessment rates per unit are depicted in the table on the following page. ESTIMATED PROJECT COSTS SUMMARY City Total Est. Estimated Project Total Est. Total Est. Assessable Assessment Number Development Project Cost City Cost Cost per Unit 11 -02A Flintwood Street NW $92,700.00 $69,500.00 $23,200.00 $3,870.00 Butternut St. NW/173` Ave. 11 -24 NW /Flintwood St. NW $273,600.00 $136,800.00 $136,800.00 $7,600.00 Totals $366,300.00 $206,300.00 $160,000.00 Mayor and Council Members July 6, 2011 Page 2 of 2 Plans and Specifications are available for review in the City Engineer's office. BUDGET IMPACT The street reconstruction projects would be funded from the City's Road & Bridge Fund and 25% of the total project cost would be assessed to the benefiting properties for City Project 1I- 02A and 50% of the total project cost will be assessed to the benefitting properties for City Project 11 -24 as identified in the City's Roadway Reconstruction Assessment Policy and the City's Assessment Manual respectively. ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Projects 11 -2a, Flintwood St. NW & 11 -24, Butternut St. NW /173`d Ave. NW/Flintwood St. NW. Respectfully submitted, David D. Berkowitz / Attachments: Resolution ✓& Project Location Map CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERT& 11 -24, OR PROJECT NOS. 11 -2a, FLINTWOOD STREET NW & 11 -24, BUTTERNUT STREET NW, 173RD AVENUE NW & FLINTWOOD STREET NW. WHEREAS, pursuant to Resolution No. 046 -11 & 045 -11 , adopted by the City Council on the 7T" day of June , 2011 , the City Engineer has prepared final plans and specifications for Project Nos. 11 -2a & 11 -24 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of July 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED, by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , Friday, July 29, 2011 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the 5City Council at a regular meeting this 6th day of July , 2011 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner— Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor C v- 6 W. Ile 4 J5 yt IF z N-5 4 Li. - I X r �I In Wt L.- W.el c; . Si j , " ir . . . . . . . . �fv -OL-_ M1r 14, 71�1 4L, PIZ, O 71 fi zz C I T Y O F ,ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVE FAX (763) 755 -8923 • WWO TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Admini David D. Berkowitz, Director of MINNESOTA 55304 • (763) 755 -5100 ZNQOVERMN.GOV Engineer Approve Plans & Specs /Order Advertisement for Bids /11 -11 /Andover Station North Ball Field Parking Lot Expansion - Engineering July 6, 2011 0 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Andover Station North Ball Field Parking Lot Expansion, Project 11- 11. DISCUSSION The Andover EDA has requested construction of a driveway access to serve Lot 1, Block 1 of Andover Station North. This will allow access to this parcel from 1391h Lane NW. The hope is the proposed driveway will make this parcel more marketable. With the driveway access, a gravel parking lot will be constructed on Lot 1, Block 1 for overflow parking for the Andover Station North Ball Fields. This parking lot could also serve a potential dog park that was being proposed north of the easterly Andover Station North ball field. This will add an additional 26 parking spots. The parking area will remain gravel, while the driveway access will be paved with concrete curb and gutter. This project will be bid with the Butternut St. NW /173rd Ave. NW and Fintwood St. NW improvement projects /City projects 11-02A& 11 -24. Plans and Specifications are available in the City Engineer's office for review. BUDGET IMPACT The project will be funded 100% by the existing TIF district in this area. ACTION REQUIRED The City Council is requested to approve plans and specifications and order advertisement for bids for Project 11 -11, Andover Station North Ball Field Parking Lot Expansion. Respectfully submitted, David D. Berkowitz Attachments: Resolution & Location Map CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR PROJECT 11 -11 ANDOVER STATION NORTH BALL FIELD PARKING LOT EXPANSION. WHEREAS, pursuant to Resolution No. 036 -11 adopted by the City Council on the 3`d day of May _, 2011 , the City Engineer has prepared final plans and specifications for Project No. 11 -11 WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of July 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 am, Friday,July 29, 2011 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of Judi, 2011 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner— Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor Yom/ I � C•J Ile o I 12 °o vis c,,\ \\ LL bi I �Ed ac' \�\ oci a% i pp CM IL JW ou Quo 1 ' �' \` i• ® CL ism / 09L LLJ La ELI LLJ Ld OIL rc oo o a` I ' — 0 NDOVE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.0 LAN DOVER. MN. US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator / Finance FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Accept Contribution / CenterPoint Energy / Andover Fire Department DATE: July 6, 2011 INTRODUCTION This item is in regards to approving a resolution accepting a contribution made by CenterPoint Energy to be used towards the purchase of tools and equipment for Andover Fire Department's major incident trailer. DISCUSSION CenterPoint Energy has made a one -time contribution of $1,000. ACTION REQUIRED The City Council is requested to approve the resolution accepting the contribution. Respectfully submitted, Lee Brezinka Attachments: Resolution 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 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and City Council .......... Jim Dickinson, City Administrator CS Michelle Hartner, Deputy City Clerk Approve Massage Therapy License/Inner Sanctum Salon & Spa July 6, 2011 INTRODUCTION Tamara Stanley has applied for a Therapeutic Massage Therapist License. DISCUSSION Ms.Stanley intends to work as a Therapeutic Massage Therapist at Inner Sanctum Salon & Spa, 15190 Bluebird Street NW, Suite 101. The application has been completed, the fee paid and Ms.Stanley has supplied her certificate stating that she has successfully completed at least 500 hours of instruction. Ms. Stanley received a favorable background report from the Sheriff's Office. Wall0 to] @;7DLo o •7 1 The City Council is requested to approve the above license for the period of July 7, 2011 through December 31, 2011. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License application 06/30/2011 12:01 7637674679 ANOKA CO SHER PATROL PAGE 05/07 zry 0 NDOUR*I 1085 GROSSTOWN 40UL�VARD N.W. • ANDOVER. MINNESOTA. 55304 ! (763) 755 -5100 FAX (765) 755.8923 w WWW.ANDOVERMN,GOV Therapeutic Massage Therapist .License Application Pursuant to City Code 3 -6 the following information xrkmt be provided prior to approval: 1. Name of Applicant r0�!MCIL-I"0 12o,.A)e�k n1. C? f First tvfiddir_ ttask 2. Applicant's Date of 13jrth (must In 18 yem,s old) 3. Telephone Numbers af: Appl.ica.nt.�_n_ 4. Home Address of AppIica,at_, 51 I will be working as a 3-n issa,etherapist at: a Residential Home, Provide address & legal description of home a Business. Provide td..dxpsgy of busi[leSs _.� bme' k`rvnt"V �� V!51 t � �At)e -�'�i r A.. ia� �_ —' �Ylixk 11 � � _��] �1�1 �• –? a '-lAl - t1� {� 6. Number of years experience as a massage therapist y —,__. -. 7. Previous einployrmeiit as a massage therapist (list rlaanr_, address and position held: y {� ,,{�. nl��•�i] W:�N�1 C7� 1 ._.. ���' �Z� .��j;�L.:�~�Nr�, rr}1j Jun 30 2011 6:40AM CENTERPOINT SCHOOL 9525625201 p.2 N C E TEIMP &IN T formerly ]mown as Northern Lights School of Massage Therapy Professional Training Program, Transcript December 18, 2002 Program: The Professional Massage Therapy Career Training Program 07675 Tami Stanley Day: Eve: Birth Date: Course Hours Grade Science 101 Anatomy 45 Pass Physiology 45 Pass Massage Therapy Techniques 101 125 Pass Professional Development 101 3: Pass Student Clinic Practicum 101 15 Pass Science 102 Pathology 45 Pass Advanced Anatomy 45 R.ass Massage Therapy techniques 102 1.25 :Pass Professional Development 102 45 Pass Student Clinic 102 25 Pass Adult CPR/First Aid 140.3 8 . Pass Electives Reflexology Credit Outreach: Twin Cities Marathon 2 Credit Shiatsu Basics 12 Credit Heated Stone Massage 12 Credit Total Hours Completed 609 f' TR Start Date January 29, 2001 Completion Date December 11, 2002 Leave of Absence. Awarded Final Diploma & Teanscdpt Oyes: ONO Withdrawal .Date I = Inoomplets W = Withdrawal NF = Not Finished ' Ex = Extension NO = No Credit P1E= Pass by EquvalenW C I T Y O F 0 ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Direct FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Amend Fee Ordinance — Trailer Parking Fine DATE: July 6, 2011 INTRODUCTION Pursuant to the code amendment to Title 6, Chapter 2 Parking Regulations; Street Obstructions, a trailer parking fine will need to be added to the fee ordinance. DISCUSSION With the code amendment to Title 6, a trailer parking fine of $50 will need to be added to the administrative section of the fee ordinance. The code amendment changes the penalty to a petty misdemeanor and requires the payment of a fine with no court presence unless the violating party chooses to contest the citation. ACTION REQUIRED The Andover City Council is requested to amend the fee ordinance effective July 6, 2011 with the change mentioned above contingent upon the approval of the amendment to the City Code. Respectfully submitted, Lee Brezinka Attachment: Ordinance Amendment CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. 400 AN ORDINANCE AMENDING CITY CODE TITLE 1 -7 -3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: City code 1 -7 -3 is hereby amended as follows: Administration: Trailer Parking Fine $50.00 Adopted by the City Council of the City of Andover this 6th day of July 2011. Attest: CITY OF ANDOVER Michelle Harmer — Deputy City Clerk Michael R. Gamache — Mayor 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 Administrato FROM: David L. Carlberg, Community Development Director SUBJECT: Consider Code Amendment/Title 6 TrailersNiolations; Penalty DATE: July 6, 2011 INTRODUCTION Chapter 2/ Parking Regulations/Parking Boat The City Council is requested to review and approve a code amendment to Title 6, Chapter 2 Parking Regulations; Street Obstructions. The amendment provides for violations of Section 6 -2 -2 Parking of Boat Trailers to be guilty of a petty misdemeanor. DISCUSSION The City has received complaints as well as concerns from the City Attorney regarding the penalty for parking boat trailers in violation of Section 6 -2 -2. This Section prohibits the parking of boat trailers on school property or within 1,000 feet of the Crooked Lake boat launch. Currently, the penalty for violating this Section of the City Code is a misdemeanor which requires the individual cited to appear in court. The proposed amendment changes the penalty to a petty misdemeanor which provides for the payment of a fine and requires no court presence unless the violating entity so chooses to contest the citation. This penalty is more appropriate for this type of offense /violation. ACTION REQUESTED Approve the amendment to the City Code as deemed necessary. Respectfully submitted, David L. Carlberg CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE TO CLASSIFY BOAT TRAILER PARKING VIOLATIONS AS A PETTY MISDEMAEANOR IN THE CITY THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 6: MOTOR VEHICLES AND TRAFFIC CHAPTER 2: PARKING REGULATIONS; STREET OPSTRUCTIONS SECTION: 6 -2 -1: PARKING RESTRICTIONS ON PUBLIC RIGHTS -OF -WAY: A. Parking During Snowfall: 1. It shall be unlawful for any person to leave, park, permit or allow any vehicle to stand or remain upon any city street or right -of -way or on the traveled portion of the road or to obstruct the flow of traffic, unless for an emergency, between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. from November 1 to April 15, except as provided by this chapter. 2. It shall be unlawful to park or permit to be parked, or to continue to park or permit to stand, any vehicle upon any city street after two inches (2 ") or more snowfall until such time as the snow has been plowed from the street. B. Vehicle Length And Weight Restrictions: It shall be unlawful for any person to leave, park, permit, or allow any vehicle in excess of twenty four feet (24) in length or having a carrying weight in excess of one ton to stand or remain upon any street or right -of- way or on the traveled portion of the road or to obstruct the flow of traffic at any time of any day unless such vehicle is being used for the purpose of moving goods from or to a commercial or residential location within one block from where such vehicle is located. In no instance shall any vehicle described as being in excess of twenty four feet (24') in length or having a carrying weight in excess of one ton be left, parked or permitted to be parked on any street or right -of- way, or in violation of any seasonal parking restrictions, or for a period of more than two (2) continuous hours of any day unless prior authorization from the City is obtained. (Amended Ord. 392, 5/18/10) C. Property Other Than Vehicles: No property of any kind or description, except motorized vehicles, together with property lawfully attached thereto, may be parked, stored, or permitted to stand upon any city street or right -of -way at any time, except as the same may be permitted by resolution of the City Council. D. Obstructing Mailboxes And Driveways: It shall be unlawful for any person to leave, park or permit any vehicle to be parked in front of, or in such a manner or place as to interfere with or hinder access by persons or vehicles to, mailboxes or receptacles therefor, or to park or permit to be parked any vehicle in such place or manner as to obstruct or hinder access to any driveway, whether the same is public or private. E. Additional Restrictions: Notwithstanding the foregoing restrictions, the City Council may impose additional parking restrictions on streets within the city if, in its opinion, such restrictions are necessary to protect the health, safety and welfare of persons or property. Streets subject to such additional restrictions shall be designated by City Council resolution, and such restrictions shall not be enforced until posted notice thereof on such streets has taken place. (Amended Ord. 218, 5 -6 -1997) 6 -2 -2: PARKING BOAT TRAILERS: The parking of boat trailers without boats is prohibited on school property or within one thousand feet (1,000') of the Crooked Lake boat launch site. The following shall be exempt from the requirements of this section: A. Parking spaces specifically designated for boat trailer parking adjacent to the boat launch site; B. Boat trailers located on private property; and C. Boat trailers owned and operated by The Department of Natural Resources and the County Sheriffs Department. (Amended Ord. 218, 5 -6 -1997) 6 -2 -3: OBSTRUCTING PUBLIC RIGHTS -OF -WAY: No person shall deposit or permit to be deposited and leave on any public street in the city leaves, grass, sand or similar materials, nor shall any person plow, shovel, or blow or permit the blowing, shoveling or plowing of snow onto a public street in the city and leaving it. This provision shall not apply to any person who is in the process of constructing or maintaining a yard or drive; provided, that the materials are immediately removed from the street. (Amended Ord. 218, 5 -6- 1997) 6 -2-4: REMOVAL, TOWING OF VEHICLES: A. Authority: The designated law enforcement official is hereby authorized and empowered to remove or cause to be removed any vehicle parked, stored, stalled, or standing on city streets in violation of any of the provisions of this chapter. B. Removal Or Towing; Redemption: Said vehicles may be removed by towing or otherwise and stored in garages or outside storage areas by persons, individuals, or firms engaged in the general garage or towing business within the city. Said vehicles shall not be removed from the places where they are stored until the owners or authorized agents shall have fully paid the costs incurred for towing and storage to the person or firm who has furnished such service. C. Unredeemed Vehicles; Lien For Costs: In the event that any vehicle held or stored is not claimed or recovered by the owner thereof, there is deemed to be imposed upon such vehicle a possessory lien for the amount of the costs incurred for towing and storage. Such lien shall be foreclosed in the manner provided by law for the foreclosure of possessory liens. D. Prima Facie Proof: Upon proof that a certain vehicle was parked, stored, or allowed to stand in violation of this chapter and that a certain person is the registered owner of said vehicle, this shall be prima facie evidence that such person committed or authorized the commission of such violation. (Amended Ord. 218, 5 -6 -1997) 6 -2 -5: CITATION: Community Service Officers or the County Sheriffs Department may issue citations for violations of this chapter; provided, that no Community Service Officer may require a person served to sign a promise to appear with respect to any such citation. (Amended Ord. 218, 5 -6 -1997) 6 -2 -6: VIOLATION; PENALTY: Any person, firm, or corporation violating any provision of this chapter except for violations of Section 6 -2 -2 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. (Amended Ord. 218, 5 -6 -1997) Violations of Section 6 -2 -2 shall be quilts of a petty misdemeanor and shall be subject to a fine as provided in the City Code. Adopted by the City Council of the City of Andover on this _ day of 2011. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Development Director SUBJECT: Consider Code Amendment/Title 5 Chapter 4/ Weapons Discharge/Exemptions from Provisions DATE: July 6, 2011 INTRODUCTION The City Council is requested to review and approve a code amendment to Title 5, Chapter 4 Weapons. The amendment provides for exemptions to the City Code regarding the discharge of weapons. The City Council discussed amending the code to allow these requests at the May 24, 2011 Council Workshop. DISCUSSION The City has recently received a request to allow for the discharge of weapons. The most recent request was for an amateur air rifle event in the field house at the Andover Community Center. Current City Code does not permit this activity. The proposed amendment would provide the City Council the ability to grant an exemption to the Code and allow the activity. The amendment also provides for an exemption to the City Code to allow target shooting as an accessory use to a retail operation. It is common for outdoor sporting goods retailers that sell archery equipment to have an indoor archery range. The City also recently received a similar inquiry. The amendment allows the City Council the ability to grant an exemption to the Anoka County Sheriff's Office to have a shooting range for law enforcement training purposes if they so desire to include this activity in the future. In addition, Anoka County Parks has an archery range at the Bunker Hills Regional Park located in Andover. The amendment provides an exemption to the code to allow this activity. There was also some cleaning up of the language to the code to properly provide for the exemptions under Section 5 -4 -1 D (2). The City Attorney has reviewed the amendment and has found the content and format acceptable. ACTION REQUESTED Approve the amendment to the City Code as deemed necessary. Respectfully submitted, David L. Carlberg CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE TO ADD EXEMPTIONS TO THE DISCHARGING OF WEAPONS IN THE CITY THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 5: POLICE REGULATIONS CHAPTER 4: WEAPONS SECTION: 5 -4 -1: DISCHARGE OF WEAPONS: A. Definitions: The following definitions shall apply in the interpretation and enforcement of this section: BOW: All bows used for target and hunting purposes as regulated and defined by Minnesota Statutes Chapter 97B. (Amended Ord. 394, 7 -6 -10) FIREARM: Means a gun that discharges shot or a projectile by means of an explosive, a gas, or compressed air. (Amended Ord. 394, 7 -6 -10) HANDGUN: A weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a barrel or barrels of a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle (1) from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flammable or explosive substances; or (2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. (Amended Ord. 394, 7 -6- 10) IMMEDIATE FAMILY: All persons related to the landowner which includes the children, siblings, grandchildren and their respective spouses. (Amended Ord. 394, 7 -6 -10) RIFLE: A shoulder weapon with a long grooved barrel that uses the energy of the explosive in a fixed metallic cartridge to fire only a single projectile (bullet). (Amended Ord. 394, 7 -6 -10) SHOTGUN: A shoulder weapon with a smooth bored barrel or barrels which utilizes gunpowder or any other burning propellant and discharges more than one projectile at a time, except when using ammunition containing a single slug or a combination of both a single slug and shot in the same shotshell. For the purposes of this Ordinance, a muzzleloader, as regulated by the State of Minnesota, shall be considered a shotgun. (Amended Ord. 240, 10 -6 -1998, eff. 1 -1 -1999; amd. 2003 Code; Amended Ord. 394, 7 -6 -10) B. For the purposes of this Ordinance, except Section D.2., "Firearms" and "Handguns" do not include a device firing or ejecting a shot measuring .18 of an inch or less in diameter, commonly known as a "BB gun," a scuba gun, a stud gun or nail gun used in the construction industry or children's pop guns or toys. Notwithstanding these exceptions, all other state laws and City Ordinances regarding the use of these items shall apply. (Ord. 394, 7 -6 -10) C. Compliance With Provisions: No person shall discharge at any time a firearm or bow upon or onto any land or property within the city except as provided by this section. D. Prohibited Discharges: 1. No person shall discharge a firearm within five hundred feet (500') of any residence or a bow within one hundred fifty feet (150') of any residence except with the permission of the property owner. (Amended Ord. 394, 7 -6 -10) 2. No person shall discharge a firearm or bow on public property owned or operated by the city, county, state or school district except as provided in City Code 5 -4 -1 G. 3. The discharge of a rifle or handgun utilizing a solid projectile shall not be allowed within the city. E. Permitted Discharges; Restrictions: 2 1. Written permission by the property owner shall be given to any person prior to the discharge of a firearm or bow on his /her property. 2. When recreational target shooting is conducted, the projectile shall be directed at a target with a backstop of sufficient size, strength and density to stop and control the projectile. (Amended Ord. 394, 7 -6 -10) 3. When discharging a firearm or bow, the projectile shall not carry beyond the property line. (Amended Ord. 240, 10 -6 -1998, eff. 1 -1- 1999) 4. All hunting shall be conducted in compliance with the regulations of the State of Minnesota. (Ord. 394, 7 -6 -10) F. Hunting Restrictions and Zones Established: The City of Andover Hunting Map attached to this Ordinance and on file in the office of the City Clerk shall establish zones where the discharge of firearms or bows are permitted. Said map and language contained and stated on the map shall become part of this section. No discharge of firearms or bows for the purpose of hunting shall be permitted except in compliance with the regulations of the State of Minnesota, the designated areas established on the City of Andover Hunting Map, the restrictions of this section and the following (Ord. 394, 7- 6 -10): 1. Restricted Zone North: a) A minimum property size of ten acres is required for the discharge of firearms for the purpose of hunting or target shooting. (Ord. 394, 7 -6 -10) b) A minimum property size of 2.5 acres is required for the discharge of a bow for the purpose of hunting or target shooting. . (Ord. 394, 7 -6 -10) 2. Restricted Zone South: a) A minimum property size of forty acres is required for the discharge of firearms for the purpose of hunting deer. (Ord. 394, 7- 6-10) b) Permit To Hunt Deer: 1. Permit Required: An individual annual or seasonal permit 3 is required by the city for the discharge of firearms for the purpose of hunting deer with a shotgun (slug only) in Restricted Zone South. Only landowners or immediate family members as defined in this Ordinance are eligible for this permit. (Amended Ord. 240, 10 -6- 1998, eff. 1 -1 -1999; amd. 2003 Code; Amended Ord. 394, 7 -6 -10) 2. Consent Of Property Owners: A request for such permit shall be accompanied by written permission from fifty percent (50 %) or more of the adjacent landowners. 3. Time Limit On Acquiring Permit: Permits shall be obtained from the city thirty (30) days prior to the opening day of firearm deer season as established by the Minnesota Department of Natural Resources. 4. Conditions Of Issuance: Such permit shall only be issued under the terms consistent with this section and all applicable state and federal laws and regulations concerning the hunting of deer via firearm and discharge of firearms shall occur no closer than one - quarter (1/4) mile from any urban development, park or institutional use. (Amended Ord. 394, 7 -6 -10) c) A minimum property size of ten acres is required for the discharge of firearms for the purpose of hunting geese during Early Goose Season and waterfowl during the Regular Waterfowl Season as regulated by the State of Minnesota. (Ord. 394, 7 -610) d) A minimum property size of 2.5 acres is required for the discharge of a bow for the purpose of hunting or target shooting. (Ord. 394, 7 -6 -10) 3. Prohibited Zone: a) The discharge of firearms and bows are prohibited. (Ord. 394, 76 -10) G. Exemptions From Provisions: 1. The provisions of this section shall not apply to the discharge of firearms, rifles or handguns when done in the lawful defense of persons or property. No part of this section is intended to abridge the constitutional right to keep and bear arms. 4 2. The City Council may approve an exemption to this section, with reasonable conditions to protect public health, safety and welfare to allow the discharge of firearms and bows with Feasenable cendkiens to ,J,gteGt the p blip health safety a d If.. for the following: _� #For the sele purpose of managing and controlling wildlife populations, provided the hunt has received tqe support from the Minnesota Department of Natural Resources. b) For target shooting as an accessory use to a retail business or as a special event or competition. c) For law enforcement training purposes. H. Violation; Penalty: Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to state law. (Amended Ord. 240, 10 -6 -1998, eff. 1- 1 -1999) Adopted by the City Council of the City of Andover on this _ day of 2011. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor Andover City Council Wo_ rkshop Meeting Minutes — May 24, 2011 Page 5 Mr. Dickinson reported variances maybe available to consider again, the Planning and Zoning will be recommending the necessary code amendments. Mr. Dickinson stated he spoke with the City Attorney and has some draft language for the Hunting Discharge Ordinance. He would like to bring it forward to a Council meeting. Mr. Dickinson indicated there have been code enforcement violation questions at 13900 Goldenrod Street. Staff visited and found no code violations. Council consensus was reached that there is no interest in moving forward to address the issues raised. Mr. Dickinson stated the skate park project will likely be delayed. The product is built in Joplin, Missouri and many employees lost their homes in the recent tornadoes. He will keep the Council updated on this issue. Mr. Dickinson discussed the warming house next to City Hall. The exterior is not yet completed and the due date is June 1. The brick is not yet ordered, which most likely means the project will not be on time. A letter of warning and consequences will be issued. Mr. Dickinson discussed a potential easement ownership issue at 167 °i Lane in Ham Lake. This is been an outstanding issue since 1994. Staff is working to get this resolved and an easement would be used for a turnaround. OTHER TOPICS None. ADJOURNMENT Motion by Bukkila, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 9:51 p.m. Respectfully submitted, Chris Moksnes, Recording Secretary U 1� 10 C I T Y ,ND 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule July EDA meeting DATE: July 6, 2011 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the July 19, 2011 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Redevelopment Discussion 2. Monument Entrance/Electronic Reader Board Update 3. EDA Project Progress Review 4. TIF District & EDA Budget Update 5. Parkside at Andover Station Update 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the July 19, 2011 City Council meeting. ANL6 Y O F 6 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule August Council Workshop DATE: July 6, 2011 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of August for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general August workshop have been identified as follows: 1. Joint Meeting with a City Commission 2. Andover Community Center 2012 Budget Presentation 3. 2011 Budget Implementation Progress Report 4. 2012 -2016 CIP Development Discussion/Update 5. 2012 Budget Development Discussion/Update 6. Preview Proposed 2012 Preliminary Tax Levy Certification 7. Other Topics Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule an August Council workshop, a suggested date is August 23rd at 6:00 p.m., or another date and time acceptable to the Council. )mitted, DOVE 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: July 6, 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: 1. Administration & City Department Activities 2. Legislative Topics 3. Update on Development/CIP Projects 4. Meeting reminders /Community Events 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. submitted, 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for July 6, 2011 City Council Meeting DATE: July 6, 2011 The City Council is requested to receive the following supplemental information. Consent Items 3. Approve Plans & Specs /Order Advertisement for Bids /11 -2a, Flintwood St. NW & 11 -24, Butternut St. NW, 173rd Ave. NW & Flintwood St. NW — Engineering (Revised Resolution) Add -on Items Discussion Items 9a. Consider Code Amendment/Title 9, Chapterl4/Electrical Code Provisions and Title 1, Chapter 7 -3, Permit Fees, Service Charges, and Penalties- Planning Closed Session Attorney — Client Privilege Pursuant to Minn. Statute 13D.05 subd. 3b To Discuss Threatened Litigation 1. Property Damage Claim — 2244 149a' Ave NW 2. Termination of Employment - Krattenmaker CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NOS. 11 -2a, FLINTWOOD STREET NW & 11 -24, BUTTERNUT STREET NW, 173RD AVENUE NW & FLINTWOOD STREET NW. WHEREAS, pursuant to Resolution No. 046 -11 & 045 -11 , adopted by the City Council on the 7T" day of June , 2011 , the City Engineer has prepared final plans and specifications for Project Nos. 11 -2a & 11 -24 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of July 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , Friday, July 29, 2011 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the 5City Council at a regular meeting this 6th day of July , 2011 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: voting Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk 8. 9)C—. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Development Director SUBJECT: Consider Code Amendment/Title 9, Chapter 14/ Electrical Code Provisions and Title 1, Chapter 7 -3, Permit Fees, Service Charges, and Penalties DATE: July 6, 2011 INTRODUCTION The City Council is requested to review and approve a code amendment to Title 9, Building Regulations. Said amendment to the code would add Chapter 14, Electrical Code. DISCUSSION The recent State of Minnesota shutdown has created a serious issue in regard to electrical inspections. The State of Minnesota provided these inspections through the Building Codes and Standards Division, Minnesota Commissioner of Administration. In order to continue to allow construction activities to occur in the City of Andover, the City must adopt provisions to allow the City to perform electrical inspections. Minnesota Statutes 326B.36 Subd. 6, allows the City to establish an electrical inspection program by ordinance. In addition to adopting electrical code regulations, the City Council is also requested to approve an amendment to the fee schedule to provide a fee for conducting the electrical inspections. The City Council is also requested to authorize the City Administrator to execute a contract with a qualified individual/company to perform the inspections. The City does not have an individual qualified to perform these inspections. The City Attorney has reviewed the amendment and has found the content and format acceptable ACTION REQUESTED The City Council is requested to approve the following: 1. Approve the amendment to the City Code adopting electrical code provisions (attached). 2. Approve an amendment to Title I, Chapter 7 to provide for electrical inspection fees (attached). 3. Authorize the City Administrator to execute a contract with a qualified individual /company to perform the electrical inspections. Respectfully submitted, David L. Carlberg CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE CITY CODE TO ADOPT AN ELECRICAL CODE THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 14: ELECTRICAL CODE SECTION 14 -1 -1 Minnesota State Electrical Act Adopted: The Minnesota Electrical Act, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes Chapter 3268, Sections 326B.31 to 326B.399, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Department of Labor and Industry is hereby adopted by reference with the exception of Minnesota Statute, Section 3268.37, Inspection Fee Schedule. The Minnesota Electrical Act is hereby incorporated into this ordinance as if fully set out herein, with the exception of Minnesota Statute, Section 3268.37, Inspection Fee Schedule. 14 -1 -2 Application, Administration and Enforcement: The application, administration, and enforcement of the code shall be in accordance with the Minnesota Electrical Act. The code shall be enforced in accordance with Minnesota Statutes, Sections 32613.081 through 326B.085, within incorporated limits of the city and the extraterritorial limits permitted by law. The building inspections division of the City of Andover shall administer the Minnesota Electrical Act and shall be the enforcing agency. The code shall be enforced by the City of Andover's certified building official, designated by the city to administer the code. 14 -1 -3 Permits, Inspections and Fees: The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes, 326B.36, except that the application shall be submitted directly to the City of Andover. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by city ordinance annually, or as the city council may deem necessary. In addition, a surcharge fee shall be collected on all permits for work governed by this code in accordance with.Minnesota Statute 168.70. Any handling or inspection fees will be payable to the City of Andover. 14 -1 -4 Violations and Penalties: A violation of this chapter, including provisions of the Minnesota Electrical Act adopted herein, will constitute a misdemeanor. Adopted by the City Council of the City of Andover on this _ day of 2011. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 1 -7 -3 ESATABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: City code 1 -7 -3 is hereby amended as follows: Administration RESIDENTIAL ELECTRICAL PERMIT FEE SCHEDULE ** Add $5.00 per permit for State Surcharge ** Electric installed in new commercial and /or residential dwellings is paid for by the electrical contractor /installer at the time the building permit is issued. Separate permits for electric will be required on jobs where there is no related building permit. 1. Minimum fee (does not include state surcharge $45.00 2. Single family dwelling and multi- family dwelling with individual service 148.50 3. Multi- family dwelling with common service, each unit 77.00 4. Swimming pool, spa, fountain 84.00 5. Finish basement, rough in and final inspection 77.00 6. Amperes service, generators and other power supplies and feeders to separate structures 0-400 amperes 45.00 401 -800 1 mperes 66.00 more than 800 amperes 110.00 7. 0 -200 ampere circuits 6.60 8. More than 200 ampere circuits 16.50 9. Street, parking and outdoor lighting standard 5.50 10. Traffic signal 5.50 11. 0 -10 KVA transformers for light, heat and power 16.50 12. More than 10 KVA transformers for light, heat, power 33.00 13. Transformers for electronic power supplies, signs and outline lighting 5.50 14. Alarm communication, remote control and signal circuits less than 50 volts, each 0.83 15. Electrical re- inspection 45.00 16. Fee for electrical work started without a permit double the permit fee 17. Residential Service Change Fuses to breakers 75.00 COMMERCIAL ELECTRICAL PERMIT FEE SCHEDULE ** Add $5.00 per permit for State Surcharge ** Electric installed in new commercial or leasehold projects is paid for by the electrical contractor /installer at the time the building permit is issued. Services Circuits & Feeders Reference Fee Reference Fee 0 — 400 amp $ 45.00 ea 0 — 200 amp $ 6.60 ea 401 — 800 amp $ 66.00 ea More than 200 amp $16.50 ea More than 800 amp $110.00 ea Additional charges: Street, parking and outdoor lighting standards (each standard) $ 5.50 ea Traffic signals $ 5.50 ea Transformers for light, heat and power (0 —10 KVA) $16.50 ea Transformers for light, heat and power (more than 10 KVA) $33.00 ea Transformers for electronic power supplies, signs and outline lighting $ 5.50 ea Minimum commercial electrical fee (does not include state surcharge): $77.00 Electrical reinspection fee (does not include state surcharge): $45.00 Adopted by the City Council of the City of Andover on this 6`" day of July, 2011. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk