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Home My WebLink AboutCC June 17, 2003 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, June 17,2003 Call to Order - Following EDA Meeting Scheduled for 6:00 p.m, Pledge of Allegiance Resident Forum Agenda Approval 1. a. Approval of Minutes (5-27-03 Special; 6-3-03 Regular; 6-4-03 Special) b. Legislative Update - State Representative Chris DeLaForest - Administration Consent Items 2. Approve Payment of Claims - Finance 3. Repeal Ordinance No. 63 - Fire 4. Approve Ordinance/Adopt New Fire Code - Fire 5. Suspend DiscussionlFinal Plat/City View Farm - Planning 6. Approve On-sale Intoxicating Liquor License/W oodland Creek Golf Course - Clerk 7. Accept Feasibility Report/Waive Public Hearing/03-13/14259 Woodbine Street NW/SS & WM- Engineering 8. Approve Plans & Specs/Order Advertisement for Bids/03-I/Prairie Knoll Park - Engineering 9. Consider Award of Bid/03-2/Woodland Creek Golf Villas (Supplemental) - Engineering 10. Approve Plans & Specs/Order Advertisement for Bids/02-30/ Andover Boulevard Trail- Engineering II. Approve Quotes/02-6/Wild Iris Park Playground Equipment - Engineering 12. Approve Resolution Authorizing PIR FundinglPrairie Knoll Park - Finance , 13. Approve Change Order # I/O I-30/Prairie Road Reconstruction(Supplemental) - Engineering ) Discussion Items 14. Receive Anoka County Sheriff s Department Monthly Report - Sheriff 15. Public Hearing/99-16/ Adopt Storm Water Utility Ordinance - Engineering 16. Consider Lot Split/I7680 Arrowhead Street NW -Planning 17. Public Hearing/V acation of Right-of- Way/ 17680 Arrowhead Street NW - Planning 18. Consider Special Use Permit/Outdoor Storage and Retail Sales/3I60 162nd Lane NW - Planning 19. Consider Ordinance Amendment/Ordinance 8, Section 4.04 Lot Provisions - Planning 20. Discuss Extending Liquor Establishment Hours - Clerk 21. Consider Ordinance Amendment/Ordinance.8, Section 6.02 Minimum District Provisions - Planning 22. Communicate Metropolitan Council Approval-Rural Reserve Area & Remove Restrictions on Certain Properties - Planning 23. Approve New Equestrian Council- Planning Staff Item 24. Community Center Project-Committee Structures - Administration 25. Conceal and Carry Legislation-Organizational Management Policy - Administration 26. Approve Prioritized 2003-04 Council Goals - Administration 27. Approve 2004 Budget Guidelines - Administration 28. Consider 2003 Budget Reduction Plan - Administration 29. Purchase Agreement Status/Slyzuk Property - Administration 30. Schedule City Council Workshop/Miscellaneous Items -Administration Mayor/Council Input Adjournment J CB 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: John Erar, City Administrator\.., FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: June 17,2003 INTRODUCTION The following minutes have been provided by TimeSaver Secretarial Service for approval by the City Council: June 3, 2003 Regular Meeting June 4, 2003 Special Meeting The following minutes have been provided by staff for approval by the City Council: May 27,2003 Special Workshop Copies have been e-mailed to Mayor Gamache and Councilmembers Orttel and Jacobson. Hard copies have been provided to Councilmembers Trude and Knight. If you did not receive your copies, please notifY me. ACTION REOUIRED The City Council is requested to approve the minutes listed above. Respectfully submitted, J;L ()~ Vicki Volk City Clerk (i) 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: John Erar, City AdrninistratrJ1:' Jim Dickinson, Finance Direc or FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: June 17,2003 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $108,018.23 on disbursement edit lists #1-3 from 06/04/03 thru 06/10/03 have been issued and released. Claims totaling $948,740.76 on disbursement edit list #4 & 5 06/17/03 will be issued and released upon approval. BUDGET IMP ACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUIRED The Andover City Council is requested to approve total claims in the amount of $1,056,758.99, Please note that Council Meeting minutes will be used as documented approval rather than a signature page. 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(763) 755-5100 FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administratoo/'/ FROM: Dan Winkel, Fire Chief .If.,,i). SUBJECT: Repeal of Ordinance No. 63, Uniform Fire Code Standards Date: July 17,2003 INTRODUCTION The fire department is requesting that the Mayor and City Council repeal Ordinance No. 63, adapted by the City Council as the Uniform Fire Code prescribing regulations governing conditions hazardous to life and property from fire and explosion, providing for the issuance of permits for hazardous issues or operations, and establishing a bureau of fire prevention and providing officers therefore and defining their powers and duties. , DISCUSSION In April of 2003, the Minnesota State Legislature adopted and the Governor signed into law, the new International Fire Code and also the Minnesota Amendments that together are now called the Minnesota State Fire Code. The Minnesota State Fire Code is mandated to be enforced statewide with no exceptions. BUDGET IMP ACT There are no budget implications with the adoption of this new code. The cost to purchase the necessary fire code books and amendments were part ofthe 2003 fire department budget. ACTION REOUIRED The fire department is requesting that the Mayor and City Council repeal the current Fire Code Ordinance No. 63. Rj):;IY;j:JI Dan Winkel, Fire Chief / CITY OF ANDOVER "- COUNTY OF ANOKA ; STATE OF MlNNESOTA ORDINANCE NO. 63A AN ORDINANCE REPEALING ORDINANCE NO. 63, THE UNIFORM FIRE CODE STANDARDS. BE IT ORDAINED BY THE CITY OF ANDOVER. Section 1. Repeal of Ordinance No. 63 Ordinance No. 63 is hereby repealed Section 2. Effective Date This Ordinance shall take effect and be in force from and after its approval as required by Law. Adopted by the City Council of the City of Andover this 17th day of June, 2003. i CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria V olk - City Clerk ~NDbVE~ @ I , 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: John Erar, City Administrat01: FROM: Dan Winkel, Fire Chief fJ. tl), SUBJECT: Approve Ordinance and Adopt New Minnesota State Fire Code DATE: June 17, 2003 INTRODUCTION In April of 2003 the State of Minnesota adopted a new fire code that was signed into law by the Governor. The new International Fire Code, with the Minnesota Amendments, replaces the Uniform Fire Code that had been used in Minnesota for years. The new code shall be known as the Minnesota State Fire Code. , DISCUSSION J By signing the new law, the Governor has placed into effect a new State Fire Code that is mandated to be enforced statewide with no exceptions. The new code works in conjunction with the International Building Code recently adopted by the City of Andover. Both codes are very compatible and will be used to construct new buildings and also for the inspections of existing building and grounds. In addition to the new Fire Code, other resources as listed in the Ordinance will be used to conduct inspections and build the appropriate buildings with fire sprinkler systems if needed. BUDGET IMP ACT There are no budget impacts with the adoption of this new fire code. ACTION REQUIRED The fire department is requesting that the Mayor and City Council approve the adoption of the new Minnesota State Fire Code. The code will take effect immediately. :r::;::;::; Dan Winkel, Fire Chief CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE ADOPTING THE MINNESOTA STATE FIRE CODE BY THE CITY OF ANDOVER AND AMENDING THE MINNESOTA STATE FIRE CODE BY PROHIBITING OVERCROWDING OF PLACES OF ASSEMBLY, TO PROVIDE FOR STANDBY PERSONNEL ON FIRE WATCH WHEN DETERMINED TO BE NECESSARY BY THE FIRE CHIEF, AND TO ADMINISTER AND REGULATE RECREATIONAL FIRES AND BURNING PERMITS The City Council of the City of Andover does ordain: Section 1. Minnesota State Fire Code-Adoption, Pursuant to Minnesota Statutes, Section 299F.OII, and Minnesota Rule 7510.3510, the Minnesota State Fire Code, one (I) copy of which has been marked as the official copy and which is on file in the office of the city clerk, is hereby adopted as the fire code for the City of Andover, Minnesota, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Every provision contained in the Minnesota State Fire Code, except as hereinafter amended, is hereby adopted and made a I part ofthis chapter as iffully set forth herein. The scope ofthese regulations is intended to be consistent with Minnesota Statutes, Section 299F.OII. Section 2. Enforcement. The chief of the fire department (hereinafter for convenience ofreference "chief' or "fire chief') or his authorized representatives shall enforce the provisions of this chapter. The fire chief may detail such members of the fire department as inspectors as shall from time to time be necessary. Section 3. Definitions. The following definitions shall apply to this chapter: (I) Jurisdiction. Wherever the term "jurisdiction" is used in the Minnesota State Fire Code, it shall be held to mean the City of Andover. (2) Code; fire code. "Code" or "fire code," where not more specifically enumerated, shall be construed to include the Minnesota State Fire Code, as adopted by the State of Minnesota pursuant to Minnesota Statutes, Section 299F.OII and any amendments thereto as adopted by the City of Andover, as well as other provisions of the City of Andover's Adopted Ordinances. , Section 4, Amendment to the Minnesota State Fire Code, '\ / a) Amend Section 307 ofthe Minnesota State Fire Code by adopting section 307.5. b) Chapter 45 of the State Fire Code, as amended by Minnesota Rule 7510.3674, is further amended by adding language "The Fire Chief and/or his authorized representative may reference later editions of the NFP A standards as they become published." Section 5, Penalties, (a) Unless otherwise stated herein, any person who shall violate any of the provisions ofthis code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the fire chief or his authorized representative or by a court of competent jurisdiction within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor violation. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. (b) The application ofthe above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 6. Standby Personnel When, in the opinion of the chief, it is essential for public safety in a place of assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required a approved, to be on duty at such place. Such individual's duties shall be the following: Be subject to the chiefs orders at all times when so employed and shall be in uniform and remain on duty during the times such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, such individuals shall inspect the required fire appliances provided to see that they are in proper place and in good working order. They shall inspect the means of egress to see that they are readily visible and easily accessible. They shall inspect for any conditions liable to cause or contribute to a fire and require the owner or agent to remedy any such conditions prior to any performance or activity. They shall keep diligent what for fires during the time such place is open to the public or such activity is being conducted and take prompt measures for extinguishment of fires that may occur. '. ) Such individuals shall not be required or permitted, while on duty, to perform any other duties than those specified herein. I Section 7. Recreational Burninl! and Burn Permits The fire chief and/or his authorized representative will administer and regulate recreational fire and burning permit rules as established by Fire Department Policies. Failure to obtain the proper permits and/or violations ofthose rules may be enforced under this code and subject to penalties as defined for a misdemeanor violation. Section 8, Effective Date This Ordinance shall take effect and be in force from and after its approval as required by Law. Adopted by the City Council of the City of Andover this 1 ih day of June ,2003 CITY OF ANDOVER / Michael R. Gamache - Mayor ATTEST: Victoria V olk - City Clerk J S'\NDbVE~ @ / 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: John Erar, City Administrato%"V Will Neumeister, Communit)'l Development Director wl-- FROM: Courtney Bednarz, City Plann4 SUBJECT: Suspend DiscussionlFinal Plat/City View Farm - Planning DATE: June 17,2003 INTRODUCTION The property owner is in the process of negotiating the sale of this project. Staff has called to confirm whether the project should move forward with approval of the final plat. The property owner had not responded at the time the packet went out. DISCUSSION There is a possibility that minor adjustments would need to be made if a new developer becomes involved in the project. For that reason it is not advisable to approve the final plat at this time, ACTION REOUESTED Please suspend discussion of this item until more information is available. Cc: Mike Bahn, 13311 Round Lake Boulevard / C9 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: John Erar, City Administrato~ FROM: Vicki V olk, City Clerk SUBJECT: Approve Liquor License/Woodland Creek Golf Course DATE: June 17, 2003 INTRODUCTION On January 23, 2003 Council approved a special use permit to allow Olvan, LLC, dba Woodland Creek Golf Course, to obtain an on-sale intoxicating liquor license. DISCUSSION / Olvan, LLC has applied for an on-sale intoxicating liquor license for the Woodland Creek Golf Course. The application is also for Sunday Liquor. The license fee has been paid, insurance provided and the Sheriff has completed a background check on the applicants. Upon approval by the Council the application will go to the Alcohol and Gambling Enforcement Division of the Minnesota Department of Public Safety for their approval. The golf course intends to open the clubhouse for on-sale liquor sales on September 1, 2003. ACTION REQUIRED The City Council is requested to approve an on-sale intoxicating and Sunday liquor license to Olvan, LLC for the Woodland Creek Golf Course, 3200 South Coon Creek Drive, from September 1, 2003 to December 31,2003. Respectfully submitted, {Lt.. (}r!t Vicki V olk City Clerk cc: Olvan, LLC, 3200 South Coon Creek Drive, Andover, MN Ce. ';fication of an On Sale and/or Sunday Liquor License Page 1 of2 ~ Minnesota Department Of Publi"c Safety ~. .." '\ ~~:,,-''"~~~ Ii r ':.. ALCOHOL AND GAMBLING ENFORCEMENT ~""" '\~ ' , ~ ~ 444 Cedar Street - Suite 133 ' , '\ \' \1::"~'J ". ,\ St. Paul, MN 55101-5133 ,...,~..,.,.""_M.."'/'/':,...:' (651)296-6439 TDD (651)282-6555 ,t,ftt. CERTIFICATION OF AN ON SALE AND/OR SUNDAY LIQUOR LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received by Alcohol & Gambling Enforcement .-' :~ f/ Workers Compensation Insurance Company~~ /,1 ,ea",q l: , 4.&:1 4L / T7l'olicy # (7 t.ZJ C~ '::?S/<-:;7?.3 LICENSEE'S SALES & USE TAX ID# To apply for sales tax number, call 296-6181 or 1- 800-657-3777 .,"-..-.. -- -- -'..--..,-..-.,--...--------------..--- -'-""'--'-'" .___.,_,.._.._.,.._______..._____ _,_..'. .. _..__ _____ -0..._'"""-.".......-.. ISSUING AUTHORITY CITY OF: COUNTY OF: Licensee Name (Corporatio~ I II I Partnership. Individual) DOB Trade Name or DBA tJLC/4/'J L /. /"~ - '-''--- Business Address I'~ I~~ '-:( 2LJ G~ O-C~~ ~ tJ ~-.d#O ok ~3oV ~~checkoneOrboth~ IILicense Period 114/Vo~/4 I From To I Sale _ unday On Sale License Number [JI I~~'. I%~ ,.'_"=. N=,"" 525' OS/ 7 ("b1'G If a partnership, state the name and address of eacb partner; if a corporation, state the name and address of each officer. p~fficer Name /..0iddle and la5!') I~ I"" OL V'Al^' lLC Address 6 7()Z'I /V.':..i,/iW. C' ..IV "fL.:i) ?7/CR.' 4~ ( 32'6 tPt.:'"4.J L _ ~M6r f/A /-V'l) [; {"-. C I J1- /2'~ rkl~-r C(26t5r O/L.- G..4~1 Partner/Officer Name (First, middle and last) I~ 1- tkt/Alr.' ~(-"e Address '~ZSGC: )o//CR~<-- t:UI(.C.f~~1 ~.o<1 (oo,tJ Zft,p&".e.f ~ , t:Jt!-StP? 9-// - 72- IFK M IL~~ Partner/Officer Name (First, middle and last) I~ II" The Licensee must have one f the following: (ATTACH CERTIFICATE OF INSURANCE TO TillS FORM) http://www.dps.state.mn.usIalcgamb/alcenfi'formslsundayliq.htm 5/15/2003 Certification of an On Sale and/or Sunday Liquor License Page 2 of2 C~ _ A. Liquor Liability Insurance (Dram Shop) - $50,000 per person; $100,000 more than on person; $10,000 Property Destruction. $50,000 and $100,000 for loss of means of support. - B. A bond of a surety company with minimum coverage as specified above in A. C. A certificate from the State Treasurer that the licensee has deposited with the State, Trust Funds having a market value of $100,000 in cash or securities. ---_._-~-,.,._"'_.,..,~ . . - -------.______...., _..,".,.__"_._.~._.._ __ - _"0-__"__" ___ _ _ _.'..0....__.__""_...________.._..._.0._.'_'.....-.-__.___~__.____..____,..,."____._._._.__ -. .--.-.-.........---.-. ,,-. ..-..".".--... .-.--.--.-----.-.--- _ Yes -.!::"No During the past license year has a sununons been issued under the Liquor Civil Liability Law (Dram Shop)? If yes, attach a copy of the sununons. ./' rheck those items that a6nlv ICircle one I Transaction Type ~ew Revoke/Cancel Tnmsfer Suspension Suspend / Revoke / Cancelled From To I'..... '" """"". ... -, ... """',' I I certifY that this license was approved in an official meeting by the governing body of the city or county. City Clerk's Signature Date IMPORTANT NOTICE All retail liquor licensees most bave _ current Fedenl Special Occupational Stamp. This stamp is issued by tbe Bureau or Alcohol, Tobacco and Firearms. For information. taU (612) 290-3496 PS 901J.94 t~:j I Return to Alcohol Enforcement Home Page H~rl Return to Public Safety Home Page http://wwW.dps.state.mn.us/alcgamb/alcenf/forms/sundayliq.htm 5/15/2003 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA APPLICA nON FOR ON-SALE INTOXICATING LIQUOR LICENSE Whoever shall knowingly and willfully falsify the answers to the following questionnaire shall be deemed guilty ofpeIjury and shall be punished accordingly. In answering the following questions, "Applicants" shall be governed as follows: For a Corporation, one officer shall execute this application for all officers, directors, and stockholders. For a Partnership, one of the "Applicants" shall execute this application for all members of the partnership. EVERY QUESTION MUST BE ANSWERED 1. I, ~ /ll..u.~ j/;,v I\J ~C--L T as /;6"C:S'l/J ~ ;v ?for and on behalf of tJLlh4JJ ~ .. ,her~ apply for an On-Sale ~toxicating Liquor License to be located at :.? s;:,. ~..j /1_,s;5.1:.' ,0/7_ , CIty of Andover, County of Anoka, State of Minnesota, in accordance with the provisions of Minnesota Statues, Chapter 340, commencing ,10 _ and ending ,29_. h.l~M,cje 'r , -2. Applicant's date of birth Birthdates of Partners #.......~ or Officers of Corporation -3. 4. Is the applicant a citizen of the United States? ~ If naturalized, state date and place of naturalization: If a corporation or~,artnership, state citizenship of all officers or partners //- . 5. The person who executes this application shall give spouse's full name and odd=. ) ~ ;;:, / ~--; C!-u5 tJnl TN Y P/1/,;z:g t c......r 1; o2"? . (4;/~e '7;e. ~-?eJ~ ~ ''7r 6. What occupations have applicant and associates in this application followed in the past five years? ~ -&rA/c..... - ~(...rc . 6A.i /C';"A/'/ / 7. If a partnership, state name and address of each member of partnership. If a corporation:(u c:) ~.r".d/~ c:J'Z. Date of incorporation: - State in which incorporated: ~. 4/ A.!, Amount of authorized capitalizaJ9n: 5 / L'J 0,. ~ ad, Cl ,.) Amount of paid capital: /00. t1" d.. <'I <l If a subsidiary of another corporation, so state: Name and address of al~cers, directors, and stockholders, and the number of shares held by each: J:>...Nfi!:lJ ~.N /1/ ,,5(>:.7 - 7Ci2.5 /J./ . ~ c.:/lePlh' h.J,,4~/ L,4/,r,? ./.7:?v-' Dzj2S- - ~u ~ v..(i':'::--",s.>(.p ~ ~/ LE 0 L..S.Jh ,. If incorporated under the laws of another state, is corporation authorized to do business in this state:_ Number of certificate of authority: 8. On what floor is the establishment located, or to be located? ~//1/ 9. Describe the premises to be licensed. ~ ~>>~^,j 2~-oCJ R.~ A - L.4'#~fE,d?7 C! I? (~c 00 (.... F Cor.:,.,;.!,? - ~-- 10. Is the establishment located near an academy, coll~ university, church, / elementary, middle school or high school? 1 C\ State approximate distance of the establishment from such school or church: /' /'h I L- r-'J II. Give name and address of owner ~uilding establishment is to be located in. OLt/J4 t1J d /]v,fE'v21j W Has owner of building an~nnection, directly or indirectly, with applicant? }~S . 12. Are the taxes on the above mentioned property delinquent? ~ In accordance with Ordinance No, 235 no license shall be granted for operation or renewal on any premises on which taxes, assessment or other financial claims of the City are delinquent and unpaid. 13. State whether applicant or any of his associates in this application have ever had "" ""plication r", a liqno, li=,.j<cted :;? mnoicipality 0' ..te _orily. If so, give date and details: CJ / 14. Has the applicant or any of his associates in this application during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances? d If so, give date and details: 15. State whether applicant or any of his associates in this application during the past five years were ever convicted of any law violations or any crime in this state or any other state or under Federal Laws. A4 If so, give date and details: 16. State whether any person, other than applicants, has the right, title or interest in the furniture, fIxtures or equipment in the remises for which license is applied; and, if so, give name and details: 17. Is the applicant or any of his associates in this application a member of the City Council in the municipality where this license is be issued? ./ ",Cd If applicant for license is the spouse of a member of the governing body or where other family relationship exists, such member shall not vote on this application. 18. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State"ofMinnesota? /{d Give name and address of such establishment: 19. Furnish the name and address of at least three business references, including one bank L;::e~ '.-;::::> LsArlJ~ / 0~'C~ //;/A..-) uJ~^.r /- ~s.~~~ T/Ga.i?T'6" /~ r: 20. What is the seating capacity of this establishment? / /0 21. During what hours will food be available? /0 /~ ,vA? / ,4t'k - . 22. State the name of the pe~n who will ope~e the restauran:.. 'N #'1- (... b jJ EA..!.rtJ <:5'- <-L 23. State the name of the per2 who will op~~the bar. _ ),"-1.1'4-/ ,,) #.(-'t;~'Gc ~ 24. State the number of people the restaurant will employ. 12- I 25. Will ~service be the principal business of this establishment? '7r=:? , 26. State ~ name to be us~ -, G/2/t'~/ /It?OO~~.i-"-./d /:f~e 27. If this restaurant is in conjunction with any other business (such as resort, etc.) describe such ~iness:.- C~(,.n r. to 'e'L. t- 28. How many years has this business been in operation under this ownership? Z 29. State whether applicant has or will be granted an On-Sale Non-Intoxicating Malt Beverage (3.2) l~ in conjunction with this liquor license. , 30. Does applicant intend to sell intoxicating liquor to other than the consumer? /Vo ) .- 31. How many months of the year will this establishment be open? /2- , 32. What is the nearest municipality in which licenses are issued to sell liquor at on sale? CrT;' AM..} cJC}6/C Or 33. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and sale of intoxicating liquor, rules and regulations, promulgated by the Liquor Control Commissioner, and all laws of the country, and I hereby . a ve read the foregOin~ questions and that the answers to sai questions are true 0 my knowle ~ 2 Signature . 'Y? 2 -::,Ci -/7' (J jY Social Security Number Minnesota Business ill Number Subscribed and sworn to before me this day of ,20_ / . REPORT ON APPLICANT OR APPLICANTS BY SHERIFF'S OFFICE lIDs is to certify that to the best of my knowledge, the applicant, or his associates named herein, have not been convicted within the past five years of any violation of the laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non-intoxicating liquors except as hereinafter stated. Date: Ii ~/tJ #() P (J) 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: John Erar, City AdministratoiV ~ David D. Berkowitz, City En neer"13b FROM: Todd Haas, Asst. City Engineer SUBJECT: Accept Feasibility Report/Waive Public Hearingl03-13/14259 Woodbine Street NW/SS & WM - Engineering DATE: June 17, 2003 INTRODUCTION This item is in regards to approving the resolution accepting the feasibility report and waiving public hearing for Project 03-13, 14259 Woodbine Street NW for sanitary sewer and watermain. DISCUSSION The property owner recently petitioned for these improvements. The services for sanitary sewer and watermain are currently being installed with Aztec Estates improvements, Project 00-42. Because the parcel was existing and not on a trunk line, past practice was not to assess the lateral benefit to existing properties because of a developer requested improvement project. FEASIBILITY REPORT So, therefore, based on this past practice, the proposed assessment for lateral benefit was assessed to Aztec Estates. But the property owner would be responsible for the following charges Sanitary Sewer Sanitary Sewer Area Charge -.41 acres x $1,252 per acre = $513.32 Connection Charge - = $341.00 Lateral Charge- = $0.00 Total (Sanitary Sewer) = $854.32 Mayor and Council Members June 17, 2003 Page 20f2 Watermain Watermain Area Charge - .41 acres x $1,967 per acre = $806.47 Connection Charge - = $2,146.00 Lateral Charge- = $0.00 Total (Watermain) = $2,952.47 Total Proposed Estimated Cost (SS & WM) = $3,806.79 BUDGET IMPACT The $3,806.79 would be assessed to the property. ACTION REOUlRED It is recommended to approve the resolution accepting the feasibility report and waiving the public hearing for Project 03-13, 14259 Woodbine Street NW. Respectfully submitted, Z<<at~ cc: Martin Harstad, Harstad Hills, Inc., 2195 Silver Lk. Rd., New Brighton, MN 55112 j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-13 FOR SANITARY SEWER & WATERMAIN IN THE FOllOWING AREA OF 14259 WOODBINE STREET NW. WHEREAS, the City Council did on the 3rd day of June , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv EnQineer and presented to the Council on the 1 ih day of June ,2003; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares' the improvement feasible, for an estimated cost of $ 3,806.79 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 3,806.79 and waive the Public Hearing. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 1ih day of June , 2003 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk _.u ,r-t r"'l( .,..,')') PAfW ? 03-/3 -- ~ Harstad Hills, Inc. Office (651 ) 636-9991 2195 Silver Lake Road Fax (651) 636-3422 New Brighton, MN 55112 RECEIVED May 14, 2003 , I t I 6 r- . '. : /1.; , Andover City Engineer I i I I 1..._____ _. i I 1685 Crosstown Boulevard NW I r i ,'" -----..---.-,..! Andover, MN 55304 ~'i '; '.' '" \ "'-'" I ._--~~~:~.::~~Lj:l Subject: Municipal Improvements Property at XXX Woodbine Street NW, Andover, Minnesota PID # R29-32-24-34-0062 Dear City Engineer: We do hereby petition for improvements of water main, sanitary sewer, storm sewer and streets with the costs of the improvement to be assessed against my benefiting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5-year period. Sincerely, /z/-( ~ Martin N. Harstad President NORTI-l i&T A TE& IN, CITY OF' ANOO":5~ ~ ''';'''' ":' j 0 ::oMPANIE& "'- - (,u...) ~~ ap-'Q ,....... 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ScIUItaweII Qulrt.. of s.:tIM A r~ ==,;, _,..1fO: ~l .2 CIR:el.l. PINI!&, !'''IN. 5&12'>14..)625 ... _.01.... - - 01 'R05nLA~oI.... . TEU:, ("16)) 'e6.P&506 "'oIu..,::=~_~~ot'_".~ :I _.... 0CUf _10.'"-1 ,....~,......... ...__.. I ... ~ SoutARIt auwt... .."...". fIIott9 .. IIaf ~ = _.. __ ____ _ __ ~_. , .-.- .. ..- -. ... . T~ ( ) "...-,~~. .........~.........--....-.. .... . . "t.. ~ J'" . . . . .... - ..... - "'.~'" " .. . .....! '. .." " '; ~, ."'''' ~'" '- .... ....:. "',,- '.' ~'" .... j " 1 · -.~ ~~ ~., 1';;"1 r i' .~ .j...., 'V'J~'''''I''' ~. . . 'I .~.. ',. .. ...~~ :......, .. f.... . () @ 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 . V CC: John Erar, City Administrator ~ David D. Berkowitz, City Enginee;:t>1> 'B FROM: Todd Haas, Parks Coordinator SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/03-1/Prairie Knoll Park - Engineering DATE: June 17,2003 INTRODUCTION This item is in regard to approving plans and specifications and ordering advertisement for bids for Prairie Knoll Park, Project 03-1. DISCUSSION I Attached with this item is a draft grading plan of the park. There are a couple issues that have been raised since the last City Council meeting and have been resolved and recommended by the Park Commission. One of those issues is the location of the septic system drain field. The Building Official, David Almgren, has recommended the best location for the drain field isin the south half of the proposed hockey rink. By locating the drain field here, the hockey rink has been shifted north which required shifting the sliding hill further west. Since the Park Commission has agreed with this movement of the sliding hill, the side slopes of the hill will be constructed at a steeper slope to allow more enjoyment of the hill since this seems to be the most concern of the hill from the users. Also, the berm that the property owner requested on the south side of the parking lot will be a minimum height to allow for mowing of the berm. This will require landscaping (trees, bushes, etc.) of the berm to address the property owner's concern regarding headlights of vehicles shining towards their home. In regard to the parking lots, the lots will be graded as part of the overall site. In addition, it appears the parking lots will be able to have recycled bituminous from Prairie Road reconstruction delivered to Prairie Knoll Park and will be used as class 5 for the parking lots, which will be a savings to the park dedication funds. The irrigation system and well design has been authorized by the City Council and is currently being designed by the consultant. Mayor and Council Members June 17, 2003 \ Page 20f2 , / The construction of the building is still anticipated to be constructed in the very near future. We are still waiting for the association to apply for a building permit. All the items mentioned above are considered as part of Phase I. Phase II will include the actual installation of the irrigation system and well and may be done yet this year if the Council approves Item # 12 on the agenda. BUDGET IMPACT The improvement of the park for Phase I will be funded by Park Dedication Funds. ACTION REQUIRED The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement of bids for Project 03-1, Prairie Knoll Park for grading, parking lots, bituminous trails & basketball court as recommended by the Park & Recreation Commission. Note: City staff does recommended that alternate bids be included for the paving and curbing of the parking lots and paving of the trails and basketball court. Once the City receives the bids, the alternate will be analyzed to determine if this portion of the bid could be awarded and a recommendation will be forthcoming by staff and the Park Commission based on / available funding. Respectfully submitted, ~4-- cc: Jim Lindahl, Park & Recreation Commission Chair 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 GRADING, PARKING LOTS, BITUMINOUS TRAILS & BASKETBALL COURT FOR PROJECT NO. 03-1 , PRAIRIE KNOLL PARK. WHEREAS, pursuant to Resolution No. 105-03 , adopted by the City Council on the 6th day of Mav ,2003, the City Enqineer has prepared final plans and specifications for Project 03-1 for Gradinq. ParkinQ Lots, Bituminous Trails & Basketball Court for Prairie Knoll Park. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17'h day of June ,2003. 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. , Julv 28 , 2003 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 17'h day of June , 2003 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk i C I T Y o F 0) 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: John Erar, City Administratof FROM: David D. Berkowitz, City Engineer SUBJECT: Consider Award of Bid/03-2/Woodland Creek Golf Villas (Supplemental)- Engineering DATE: June 17,2003 INTRODUCTION This item is in regard to awarding the rebid for the Woodland Creek Golf Villas.. The bid opening is scheduled for.Monday; June 16,2003. The bid results and recommendation will be submitted as a supplemental item the night of the Council meeting. , DISCUSSION On May 20th the original bid for Woodland Creek Golf Villas was rejected due to some required plan changes. The appropriate changes have been made and the project will be bid on June 16, 2003. Respectfully submitted, Q~Q.~ David D. Berkowitz cc: Olvan Properties LLC, PO Box 67, Forest Lake, MN 55025 @) 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: John Erar, City Administrator~ David D. Berkowitz, City En . ineer"1m~ FROM: Todd 1. Haas, Parks Coordinator SUBJECT: Approve Plans & Specs/Order Advertisement for Bids/02-30/Andover Boulevard Trail - Engineering DATE: June 17,2003 INTRODUCTION This item is in regard to approving plans and specification and ordering advertisement for bids for the construction of a trail along Andover Boulevard NW between Hanson Boulevard NW and Bluebird Street NW. DISCUSSION If the City Council recalls, this proposed trail is identified in the 2003 CIP as an improvement for this year. Attached is the proposed layout. City staff made some adjustments to save a couple of trees as suggested by the City Council. Note: This project will be bid with Prairie Knoll Park because of the sand that will be necessary to fill the wetland to construct the trail east of Hanson Boulevard NW on the south side of Andover Boulevard NW. The trail would be anticipated to be constructed in time for school later this summer. BUDGET IMP ACT As indicated previously, this trail will be funded by the Trail Fund. ACTION REQUIRED The City Council is requested to approve the plans and specifications and order advertisement for bids for Project 02-30, Andover Boulevard Trail Construction. Respectfully submitted, ~~ 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 NO. 02-30 FOR ANDOVER BOULEVARD TRAIL CONSTRUCTION. WHEREAS, pursuant to Resolution No. 115-03 , adopted by the City Council on the 20th day of May ,2003, the City EnQineer has prepared final plans and specifications for Project 02-30 for Prairie Knoll Park. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 ih day of June ,2003. 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. , July 28 , 2003 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 1 ih day of June , 2003 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk @ 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: John Erar, City Administrato1:u ;:t>j)]$ David D. Berkowitz, City En mee FROM: Todd Haas, Asst. City Engineer SUBJECT: Approve Quotes/02-6/Wild Iris Park Playground Equipment - Engineering DATE: June 17,2003 INTRODUCTION This item is in regards to approving quotes for the purchase of playground equipment for Wild Iris Park, Project 02-6. / DISCUSSION Currently $10,273.31 is available for the purchase of the play equipment. The quotes received for that structure are as follows: Part A Park B Quote Quote Earl F. Anderson $12,572.27 $4,832.85 Flanagan Sales $13,025.45 $3,429.30 MN-WS Playground $14,495.71 $4,774.39 Arrigoni Brothers $14,888.70 $5,319.67 Gametime $15,655.50 $5,777.62 Part A is for the purchase of the playground equipment for ages 5-12 year olds. Park B is for the purchase of a belt swing and tot seat and also a handicapped swing. At this point the Park Commission has only recommended Park A. Part B would be considered sometime in the next couple years or so unless the City Council would like to have this installed now rather than later. BUDGET IMP ACT To approve Part A an additional $2,298.96 would be need to be authorized by the City Council to purchase and install the equipment. The purchase of the playground equipment is to be funded from Park Dedication Funds. Mayor and Council Members June 17, 2003 Page 20f2 Note: The City recently received an invoice from Connexus Energy to provide electric service for the soccer field lighting at Sunshine Park in the amount of approximately $9,000.00. $15,000.00 was anticipated for this service so there was a savings of about $6,000.00, which is more than enough to purchase the playground equipment at Wild Iris Park. ACTION REOUIRED The City Council is requested to approve the quote for the purchase of playground equipment for Wild Iris Park, Project 02-6. Respectfully submitted, ~L~ / cc: Jim Lindahl, Park & Recreation Commission Chair @ CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City AdministratorV' FROM: Jim Dickinson, Finance Director SUBJECT: Approve Resolution Authorizing PIR FundinglPrairie Knoll Park DATE: June 17, 2003 INTRODUCTION The City Council at their June 3, 2003 Council meeting directed Finance to prepare a resolution authorizing expenditure 0 fP ublic Improvement Revolving (PIR) funds to facilitate Phase II improvements (well and irrigation system $150,000) at Prairie Knoll Park. This request will authorize the funding for the project. DISCUSSION Finance reviewed the City's Park Improvement Fund for potential funding of the aforementioned project, and concluded that dollars are currently not available in the City Park Improvement Fund to fund the Phase II improvements. Finance indicated that if the Council desired to continue forward with the project, funding from the PIR Fund could be used. The dollars recommended from the PIR Fund are from assessment payments assigned to the PIR Fund from projects that have fulfilled their debt service requirements and are not required to be part of an assessment project to be spent, although requires a four-fifths vote of the Council to authorize expenditure (Res. No. 074-90). The City Council at their June 3, 2003 Council meeting directed Finance to prepare a resolution (attached) that would initially fund the project from PIR Fund dollars, but that the initial funding is to be repaid by the City Park Improvement Fund over time. Finance has set the repayment on a five-year schedule, $30,000 annually, starting in 2004 without interest. BUDGET IMP ACT The action would provide funding for a project that was not previously budgeted for. ACTION REOUIRED The Andover City Council is requested to approve the attached resolution authorizing the expenditure of funds for Phase II improvements (well and irrigation system $150,000) at Prairie Knoll Park from the Permanent Improvement Revolving Fund. -- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. - A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR PHASE II IMPROVEMENTS (well and irrigation system $150,000) AT PRAIRIE KNOLL PARK FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R174-90 established a Permanent Improvement Revolving (PIR) Fund containing a Capital Improvement Account designed to fund capital expenditures; and WHEREAS, The City Council has approved Phase II improvements (well and irrigation system $150,000) at Prairie Knoll Park that is not fully funded; and WHEREAS, the City Council has desires to expedite Phase II improvements at Prairie Knoll Park with initial funding from the PIR Fund Capital Improvement Account; and WHEREAS, the City Park Improvement Fund will repay the funding from the PIR Fund over five years, $30,000 annually starting in 2004 without interest. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover authorizes the expenditure of funds from the PIR Fund Capital Improvement Account in the amount of $150,000 with repayment from the City Park Improvement Fund over five years, $30,000 annually starting in 2004 without interest. Adopted by the Andover City Council on the 17th day of June 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria V olk - City Clerk @ 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: John Erar, City Administrator FROM: David D. Berkowitz, City Enginee~""!:>v"B SUBJECT: Approve Change Order #1/01-30IPrairie Road (Supplemental) - Engineering DATE: June 17,2003 INTRODUCTION This item is in regards to approving Change Order #1 to Project 01-30, Prairie Road Reconstruction. DISCUSSION The reconstruction of Prairie Road began last fall. As determined during the construction a few design changes were required to construct the road and pedestrian bridge to an acceptable standard. Originally the road was to be milled 1 inch and a 2 inch overlay was to be placed over the existing base. The bituminous base material was determined not to have enough structural stability to support the 2 inch overlay. The recommended design change is to reclaim the entire bituminous surface, shape the class 5 subgrade and pave a 2 inch base course and a 1 Y2 inch wearing course. This will be a full surface reconstruction and add a 20 year design life to the pavement. The excess reclaimed bituminous can be utilize at Prairie Knoll Park to construct the parking lot areas. Utilizing this material will save money when it comes to building the parking lots. Another design change required was to raise the low point of the road, which is between 139th Lane and 140th Lane. Due to the shallow depth the original design would not allow for structures to be installed to handle the storm water. This improvement included removing muck in the low area, adding granular borrow to raise the low point of the road, adding additional class 5 and placing new concrete curb and gutter. The third design change was on the pedestrian bridge. The bridge design did not meet MnDOT standards. When MnDOT State Aid reviewed the shop drawings they determined that a few structural members on the bridge would need to be increased in size. The bridge must meet State Aid standard to be eligible for State Aid funding so design changes were made. Mayor and Council Members June 17, 2003 Page 20f2 These design changes result in an approximate $120,000 change to the contract. The exact change order amount will be available at the Council meeting. This project has been put on hold until these issues are resolved. Once the change order is approved work will continue. Additional information from the consultant was not available when this staff report was written. More information will be available at the Council meeting along with the resolution. BUDGET IMP ACT The improvements would be funded utilizing State Aid Bonds. ACTION REOUlRED The City Council is requested to approve the resolution approving Change Order #1 for Project 01-30, Prairie Road Reconstruction. Respectfully submitted, CZLoQ~ David D. Berkowitz / @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers 1 CC: John Em<, Gty Adminhtrato! FROM: Captain Dave Jenkins - Sheri f/Patrol Division SUBJECT: Receive Anoka County Sheriffs Department Monthly Report DATE: June 17,2003 INTRODUCTION Attached is a copy of the May monthly report. Captain Dave Jenkins from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. DISCUSSION , To be verbally presented. ACTION REOUIRED For Council information. Respectfully submitted, Captain Dave Jenkins Anoka County Sheriffs Office ; B. CITY OF ANDOVER-MAY, 2003 Current Mo. Last Month YTD LAST YTD Radio Calls 1,018 890 4,017 3,387 Burglaries 6 6 23 35 Thefts 60 50 260 246 Crim.Sex 3 2 8 5 Condo Assault 16 9 49 37 Dam to Prop. 43 47 182 111 Harr. Comm. 7 10 35 37 Felony Arrests 14 6 34 51 Gross Mis. 9 7 30 23 Misd. Arrests 58 50 169 174 DUI Arrests 3 9 21 21 Domestic Arr. 4 3 17 22 Warrant Arr. 10 7 . . 59 49 Traffic Arr. 115 136 518 1,048 , Community Service Officer Report C. CITY OF ANDOVER-MAY,2003 Current Month Last Month YTD Last YTD Radio Calls 152 164 726 632 Incident Report 85 91 378 462 Accident 12 20 84 43 Assists Medical Assists 0 0 0 6 Aids: Public 44 95 372 279 Aids: Agency 107 110 570 554 Veh. Lock Out 25 21 140 151 Extra Patrol 82 118 570 558 . -c- House Checks 3 21 125 0 Bus. Checks 29 27 118 228 Animal Compl. 67 64 249 236 . Traffic Assist 8 7 28 17 . @ j 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: John Erar, City Administratoql/ FROM: David D. Berkowitz, City Engineer SUBJECT: Public Hearing/99-16/Adopt Storm Water Utility Ordinance - Engineering DATE: June 17, 2003 INTRODUCTION This item is to hold a public hearing and consider the adoption of a Storm Water Utility Ordinance. City staff held a public informational meeting on Monday, June 9th and met with interested residents. Attached is a copy of the presentation for Council review. DISCUSSION The Andover City Council has authorized proceeding toward the creation of a Storm Water Utility for funding the management and maintenance of the City's storm water system. Due to the unfunded federal mandate referred to as the NPDES Phase II program (National Pollutant Discharge Elimination System), cities such as Andover which are considered an MS4 (Municipal Separate Storm Sewer System) city are required to increase maintenance, educate the public regarding pollution pertaining to storm water, increase enforcement to detect and eliminate illicit discharge into the storm sewer system, implement post construction storm water management and pollution prevention such as additional street sweeping streets, storm sewer cleaning, ditch cleaning and training. Existing storm water activities and the additional activities required would be funded by the Storm Water Utility Fee. The proposed budget is based on past expenditures for various maintenance activities and estimated expenditures for new required activities mandated by the federal government under the NPDES program. The proposed budget is $227,304. The rates were established by determining the runoff volume for all land use categories, determining the percentage of impervious and non-impervious area for each land use category, calculating a residential equivalency factor (REF) which is defined as the ratio of the volume of runoff generated by one acre of a particular land use to the volume of runoff generated by one acre ofR-4 Single Family Urban Residential. The final step was to determine the REF proposed / rate. The total REF's were determined by multiplying the acreage in each category by the REF unit that was established for each category. Attached is the proposed Storm Water Utility Mayor and Council Members June 17, 2003 , Page 20f2 revenue calculation sheet. This attachment shows the calculated REF's, proposed quarterly rate for each zoning category and the annual revenue each zoning category would generate. The REF for Single Family Rural, Estates, Suburban and Farmstead is listed as 0.5. \N11en these areas were originally calculated, the REF suggested a rate of 2.9 times more than Single Family Urban lots. Staff recommends that all residential properties and Farmsteads pay the same rate. Public properties and parks, which contribute to storm water system, would also contribute to the program. A public informational meeting was held on June 9, 2003. Common questions asked were as follows: 1. I live in a rural area and all the storm water soaks into the ground or to a pond on my property. Why should I pay this fee in do not contribute to the system? Staff Response: Every property contributes to the storm water system in one way or another. Properties drain to a ditch, culvert, storm sewer system, pond, creek or river. These items are all part of the storm water system and are required to be maintained. Also, additional maintained activities, education information I and a proactive approach to storm water system are required through the federal mandate. Street sweeping activities also must increase. 2. What is considered a unit? Staff Response: A unit is considered a residential lot in an urban area and/or in the rural areas. So if you live on a rural area with a 2.5 acre lot you will pay $5.44 a quarter or $1.81 per month. 3. Why is this a user fee and not a tax? Staff Response: A user fee is based on actual contribution to the storm sewer system. This is a fair and equitable way to have every property pay their fair share. Tax exempt properties are also required to contribute through the fee process. Attached is the sign in sheet from the informational meeting and comments staff has received. BUDGET IMPACT If the Storm Water Utility is implemented by July 1,2003 the revenue generated for the fund will be approximately $114,000 through the end of 2003. As part of the budget reduction plan, $60,000 from the Storm Sewer Department will be offset by the new revenue and shift out of the General Fund into the newly created Storm Water Utility. The remaining $54,000 will be / utilized to conduct activities to meet the requirements of the NPDES Phase II program and maintain the City's storm sewer system. Mayor and Council Members June 17, 2003 Page 2 012 The 2004 budget will be impacted by eliminating the Storm Sewer Department from the General Fund. The storm sewer activities that were funded previously by the General Fund will be funded completely by the new Storm Water Utility. The budget in the General Fund for 2003 is $121,814. ACTION REQUIRED Hold public hearing for the proposed Storm Water Utility, and consider the adoption of the attached ordinance creating the Storm Water Utility. Respectfully submitted, (J~c;J , David D. Berkowitz CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE ESTABLISHING A STORM WATER UTILITY. BE IT ORDAINED AND ENACTED BY THE CITY COUNCil OF THE CITY OF ANDOVER, AS FOllOWS: Section 1 FindinQs. The City Council of the City of Andover recognizes that the control and regulation of storm water drainage is necessary to protect the environment and the public health, safety and welfare. The Council further recognizes the state and federal regulations intended to protect the Nation's lakes and waterways will place a significant burden on the City's finances. The Council therefore finds that it is in the best interest of the City and its citizens for all contributors to the city's storm water drainage system to pay a proportionate share of the City's cost in complying with those regulations and maintaining an effective storm water drainage system. Section 2 Storm Water Utility Established. Pursuant to Minnesota Statutes Section 444.075 the City's Storm Water Drainage System will be operated as a public utility from which revenues will be derived subject to the provisions of this Ordinance and Minnesota State Statutes. The Storm Water Drainage Utility will be a part of the Engineering Department and under the administration of the City Engineer. Section 3 Definitions. For purposes of this Ordinance, the following definitions will apply: A. "Residential Equivalent Factor (hereafter REF) " means the ratio of the average volume of runoff generated by one (1) acre of a given land use to the average amount of runoff generated by one (1) acre of "Single Family Urban" land use during a standard rainfall event. B. "Storm Water Drainage Fee" means the quarterly charge developed for each parcel of land pursuant to established City policies and regulations. Section 4 Storm Water DrainaQe Fee. A storm water drainage fee for each parcel of land within each category shall be as follows: land Use CateQorv REF Single Family Urban 1.0 Single Family Rural, Estate, Suburban & Farmstead 0.5 Manufactured Housing 1.2 Multiply Housing 1.1 Business, commercial, Industrial & Public 2.1 Developed Parks 0.5 Elementary & Middle Schools 1.0 High Schools 1.0 Churches 1.0 For the purpose of calculating storm water drainage fee, all developed Single Family Urban parcels will be considered to have an acreage of one-half (1/2) acre. The storm water drainage rate will be established from time to time by Fee Schedule by resolution of the City Council. Section 5 Credits. The City Council may, by resolution, adopt policies, recommended by the City Engineer, for the adjustment of the storm water drainage fee for certain parcels upon which hydrologic data, supplied by the owner of the parcel, demonstrates a hydrologic response substantially different from the adopted standards. Such adjustments of storm water drainage fees will not be made retroactively. Section 6 Exceptions. The following land uses are exempt from storm water drainage fees: A. Public Rights-of-Way. B. Vacant, unimproved land with ground cover. C. Lakes, wetlands, creeks, rivers, and similar bodies of water. Section 7 Payment of Fee, The storm water drainage fee will be computed quarterly and invoiced with the property I owners Electric Bill. The fee will be due and payable with that statement. The property owner will be the party ultimately responsible for payment of the fee whether or not the owner occupies the premises. Any prepayment or overpayment of the fee will be retained by the City and applied against subsequent quarterly fees. Section 8 Recalculation of Fees. Any property owner or party responsible for the payment of the storm water drainage fee may, in writing addressed to the City Engineer, request the City to redetermine or recalculate a particular invoice for the fee. The City must receive such request within three (3) months of the mailing of the invoice by the City. Section 9 Penalty for Late Payment. Each quarterly statement for storm water drainage fee which is not paid when due will incur a penalty of ten (10) percent of the past due amount. Section 10 Collection of Delinquent Fees. In the event a user fails to pay his storm water utility fee within a reasonable time, said fee shall be certified by the City Clerk and assessed against the property on which the charges have incurred, and forwarded to the County Auditor for collection. (55C,8-02- 83: 551,9-03-91) Section 11 Validity. / A. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. B. The validity or any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be / given effect without such invalid part or parts. Section 12 Ordinance in Force, This ordinance shall be in full force and effect from and after its passage, approval and publication according to the law of the State of Minnesota. Adopted by the Andover City Council this day of June, 2003. CITY OF ANDOVER Mike Gamache, Mayor MAYOR ATTEST: Victoria Volk City Clerk I / City of Andover Storm Water Utility Public Information Meeting <ANDOVE~ ~ City Couocil Chamb,,, .'~ Mood.y, lu",9, 2003 5:00p.m. Why does the City of Andover need a Storm Water Utility? . New federal mandates ,.......Cllyor~IoIlllplMllntItrld__ qutllIty~pndlcMluprUlc:tthlCIty'l...._rca TollllllllIeM reguldoM,lhl City II proposing to ...... . StonII w'" UlIlly. The UtIlty wII ~.dedIcNd_lUIoI_lDlnOIIlor.~IIIIInIlil"'mprow'" City'. .. rMOUlaIlIld 1tomI.... mIIIcIIon .,..... . Due to state budget cut',IheCllrnoIonQlfllat"..billlytDtundthne KtIYIlts tlIruultllhe pnenltdllYy IIld IIlIIRcrNtlllpecW utIIty IoraiMthlI fundi IIICeUIrylDIIIMlHW""'BqUw-a. / . Fairness and Equity. Thecrullollollllonn-wutllty"l1lmfl.t" propIrtIII~lloml...wIIp1ftMlrf...ltwliolCOltl...odatIdwthltonn ...1IIIIl~1n.1IqlI...._..lnthep..t.'"IdIntWMdCCllMleRW w.p.y.n '-ldully '-nlUblldIlIng -.GxpIyIng pI1If*1IIL . As land bee omes developed,Ih__'- ~ for 1tomI" b... Nturdy mtothevr-cL H.-d ..IfKawch.. rooftopI;,~, pRlnglo(a md 11rwtt.1~lodotmWlterrvaof"'lclI ""'" b....tIlroughlltonndtaln .,mmcfdllcMs,pondInlttonR.-InbWlllandl....IlId......... What is a Storm Water Utility? . A Stann Water Utility Is similar to a water, gas or electricuWity. . The fees you pay are based on what you use, In the case of a Stonn Water Utility, what you use (create) Is the amount of stonn water runoff that leaves your properly and entere the public Stonn Water System. . A Stonn Water Utility Is an effective method used by cities to pay for monitoring, maintenance and Improvements to the stonn water system. / 1 / Storm Water Activities 1Ii..IJ.I;J 'lil~'q Programs ~ be funded by the utility .'. " . 'i" . .,~,.<. ~ r Include. . Stonn_Ifsyltemlnlpectlon. malntMlance and NCOnltructlon '::' _' .-:.-:~<:.. ,'t,>":_:~;<:'--' . Sedllnllntlllon ponding maintenance __,_;-,'<'_'_:;J~~o_'_'_'J'-/: . CorrKtionof\ocalilMdr.n~ ,- <"-." ~_ _ - _ problem. . Dllchll1dculvertmainten~and upgrad.. . StrHt IWMPlng ~::<'_ . R-.nOYllofaccumulltedHCIinent ." '.."'C-"I"';'!<'i",:_ :~"".""':'_ _', from .It.!' qUll\tltylquality blllns and .- (c;~~ Clfchbatlnl . ;''';'''T'f~~o'''-''' . Fedlrallymandlted turfKe..twNat W...h.,1.:f#I~:"'t!;;;.. "." managemll\t prK1l~ and ordlnlll~ ~~<~~- _., IrnplMlentlllonand enfon:IIJlWlt ~~~.'" Who Will Pay for Storm Water Management? . All dwtloped property ownlrsln !tie CIty of Andovlf will b. rKeMng . Stonn w..... Utility bill. The bill you win ravel, bued on 1M amount of runoff. The fee i. NOT baNd on property valu.. I urge propertlel with 1a",1 amounts oIlmplrvloul surfac.. IUch II buildIng.. pll1IIng lats Il\d drtv"IYI, win pay higher f_ thin ""illlei' propertl.. with mlnlmallmpeMOUI IUrtac.. The mort runon. the gTHwr th.lmpacton the City .torm wiler aywtwn Il\d th....,o~ the grNtaf Ihl chllp. . FKtors -"KlIng your bill..... follows: . AmountolllrKlyollOWll / . T)'pIoIproperty . ImpIMouIlurt_ . All properll... including public ProtMrty, Pirkl, homH, fnnl, buliMn", inelultrill,.,d tax U.lmpt proplf1l.., such .. church.. Ind KhooII wlll pi)' I fM. Undevelopld open SplICe will not be blllMl untllltdevllopl. How will this new Utility benefit the community's environment? The City will presefVe an d protect environmentally sensitive areas by property malntalnln g and managing Storm Water Runof! In the followln g ways: . Stonn water quality monttoring . Stonn sewer and Inlet maintenance . Maintenance of water quantity/quality basins . Erosion and sediment control . Wetland protection . Water quality Improvement 2 What is the Proposed Quarterly Fee? . SingltFamilylkbln SU4lUnItQuarterlyS1.a1 p..month . Singl. Family Runl~ Estate. $ 5.44lUnij QuartOl1y$Ul per month Suburban & Farmstead. . Multiple Dwelln; $ll.961Acro . Bu.lness, Conwnercia~ $22.841Acro . Industrial & Pub6c $5.44IParl< Developed Pirk, . Elementaly & Middle $10.I7/Acro School. . High Schools $10.I7/Acro . ChllChe. $10.I7/Acro . Agncultlnl Land N/A How will Funding be Spent? CITY OF ANDOVER 2003 Storm Water UtIlity Expenditures hplo.....to'.,. ~ "/"~"^.;L"g;'i"""m's;, S_e. ~;pnen' S_epm. ..... ,- What are other Cities doing? The establishrrent of a storm water utility has gained wide acceptance in the metrq>Olilan CM"eB as evidenced by the nUnDer of conm,mities already using a SIDrm Waer Utility, inctu:ling: . Anoka . Mound . Apple Valley .Oakdale . Bloomington . PIymou1tl . Brooklyn CEnter. Ramsey . Coon Rapid> . Robbinsclale . Crystal . Rosemolflt . Eagan . Roseville . EdenPraire . ShakopEe . Edina . Shorewa>d . Fridley . StPaLA . Lakevil1e .Wayz~ 3 / Frequently Asked Questions 0 I live in the rural .ru, why sbould I have to pay! All residential structures contribute stormwater and must be part . of the federally mandated program. .~... ..~..'. .... 0 Is this. new tn! No. Rates are based ~-.. _.. on degree of surface water generation ~,., and are no different than other utility services provided by the City. 0 What happrns if the Oty does nothing! The City could face large fines and be subjected to federal prosecution. 0 What is . unit charge in the urban area! A unit is considered one single family household. / / 4 I - ;Q .c 'x /UJ 0 co (C """ (J) 0 co ~ oo::t CD ("1')00 ,.-C'l")oq-,....C'\IO) 0 iii ~ r-. tn. tn. tn. co co. co. "'. '" ~I: ",,,,<(co",," """"'~<( r- ~~ ~<Oz '" Z ~ <( Cll c:: <fl "C>. _ """""" CO-.:too::t,......,...."'" ,S'i: .- -.::t-.::t O>CO",,"COCOCO "'E~.!5 .o.o<(":N.oOOO<( coco... Z,.-C\1 ""'''-''-Z ..~a:C1) .nO D.. <fl ... 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WWW.CI.ANDOVER.MN.US INFORMATION MEETING STORM WATER UTILITY CITY PROJECT NO, 99-16 MONDAY, JUNE 9,2003 5:00 p.rn,-7:30 p.rn, ANDOVER CITY HALL NAME ADDRESS PHONE NO. '71tU / b~?~ 3627 I 3 6 96:d- 13L tJ D '33?s l- ,CJ / . ADDRESS PHONE NO. t')}-O::L 1111- Au.- fin cf-.-r <fL{~{c..(.,) / =4 -;:-~ /?l/dkfl/tt1 7S3c!dS7 J-8/ \ ,U./ 7 5 s-eo l..f r/Jd-\ !2iJUr.-J Lj" (1.OJ 7~3- d-'f~-o 1;<.)- rr .) f 1 35-'"";> (1 J' ~ J' 7 $"'7 - S-:(<;~..2. / ...... ----.J' ,#./' "':"'9 ."'\:".e..-- ""'., ~~ '-,,< 0..' - ;--L. " Dave Berkowitz 9/-/1= From: rjames@micron.com Sent: Wednesday, June 11, 2003 11 :20 AM To: dberkowitz@cLandover.mn.us .Cc: rjames@micron.com I was at the informational meeting, concerning the storm water utility, on Monday night, and I won't be able to attend the upcoming meeting on June 17, so I wanted to send my thoughts to you. First of all, thanks for having it. I can certainly see where the city is in a bind here, and initially the $5.44 a quarter isn't a lot of money, but we know over time the usage of this utility money will expand to cover other areas, which will cause rate increases, and so forth. Everybody says, oh no we won't do that, but it is under council control and really easy to jump it up by 50 cents or a dollar without anyone hardly noticing. And it's going to be with us forever. I would like to see it have a limit of, say three years, at which time it has to go to a referendum. The city will not be limited by the state at that time to levy for it, so the people of Andover could decide if they want extra taxes, or if they would perfer to have reduced services to cover the required storm water costs. Thanks 1 u;) 51' Page 1 of 1 c;rl-/~ Dave Berkowitz From: cathleen reiman [cathleenreiman@hotmail.com] Sent: Wednesday, June 04, 2003 3:39 PM To: dberkowitz@ci.andover.mn.us Subject: Proposed Storm Water Utility Mr. Berkowitz, How stupid do you think the citizens of Andover are? What a ridiculous and lame attempt to steal more cash from property owners in our city! I cannot begin to tell you how irritated I am by the stupid flyer you sent regarding this proposal. Most people probably have thrown it out by now. It is one thing to add an additional fee to our water/sewer bills to cover the costs associated with storm water run-off, but to imply that the amount each household will be paying is based on the estimated amount of storm water run-off from my property, is ludicrous! I'm really curious to hear how you foolish people determined that the cost of the run-off from MY property equates to 5.44/Unit and HOW you intend to MEASURE the units of storm water run off? Will there be some sort of meter on my curb? and how much will I have to pay to have your stupid meter installed? or read? a rain guage, perhaps? And how do you determine that there is no storm water run-off from undeveloped property? What is the definition of undeveloped property? no house? no sewer? no city water? I have a feeling that even undeveloped property has some sort of storm water run-off and what you are really saying is that you can't turn off the water and sewer service to a property that doesn't have it; therefore, you won't bother to try to collect this goofy fee from the owners of said undeveloped property because you don't have any leverage to do so. I don't mind paying for the costs associated with storm water run-off, and I understand the implications of the federal water quality regulations, but what I do mind is your feeble and inadequate presentation of this fee in the guise of some sort of equitable distribution of the cost when I do not believe that you have any plausible way of determining how many units of storm water run-off come from my property as opposed to the property of my neighbors. I'm sorry, but I will not pay for any ESTIMATED fee and I'm going to make sure every family that I know (and maybe the ones I don't know) in my development are aware of this inane proposal and let you know that they know! Cathleen Reiman 1092 - 144th Lane NW Andover MN 55304 763-413-0491 Tired of spam? Get advanced junk mail protection with MSN 8. 6/5/2003 11-1'.0 I have just left the information meeting about the "user fee" for storm water management. I must say that it / takes a lot to get me mad but what I heard at that meeting has got my dander up. 1. Most all of the people I talked to after the meeting were in the same state of mind. This is a way to force the people in the northern half of Andover that do not have a storm water problem to subsidize the cost of maintaining the storm sewers for the high density areas in the southern half of Andover. We were told that the Federal government has mandated this program and that all of Andover must pay the same whether or not the water problem is in your area or not. This thinking is totally unfair! 2. Part of the services the city is to provide is street sweeping twice a year. I asked if this was part of the Federal mandate and after several times of trying to get around the answer, the city manager finally said it wasn't. Sweeping the streets in the rural areas of the city is a total waste of money. There is absolutely no reason to do it. In the areas where there are curbs and storm sewers, (the southern half of the city), street sweeping is needed to prevent the storm sewers from filling with sediment. This is just one area of waste that was uncovered. I wonder how many others there are that the city staff wishes to keep quiet. 3. Several people at the meeting asked how much of the money raised would be spent in the northern half of Andover. The city people at the meeting refused to say claiming they wouldn't know until the program had run for several years. That answer is totally unacceptable. You will be making a budget and will know to the penny how much money will be allotted to each area of the city. They did not wish to disclose the money figure because it will make the case for the people of the northern half of the city being forced to pay for the high density areas in the southern half. 4. This is supposed to be a user fee implying that the amount of money charged a property be in relation to the amount of storm water runoff that enters the city's storm water runoff system. I know for a fact that no matter how heavy the rain we have that not one drop of water leaves my property and I believe the same is probably true for most all of the residents in the rural area. The only heavy runoff occurs ONLY in the high density areas of the city. Therefore is it fair to charge properties that do not contribute to the water runoff the same as ones that do? I don't think so! , 5. To me, and this is only my opinion, if this "user fee" is passed as it is currently proposed, it will , / indicate that the way of thinking of our council members and mayor is this. There are more votes in the southern half of the city than in the northern half so to hell with those in the northern half. We will feel perfectly ok screwing those people to make the ones in the high density areas happy by keeping their taxes, I mean user fees, down. George E. Jensen 17225 Round Lk Blvd Andover, Mn 55304 763-753-2450 --.~ CITY o F ([6) NDOVE / 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers ~ CC: John Erar, City Administrat Will Neumeister, Communit)) evelopment Director ~ FROM: Jon Sevald, Planning Intern':!? SUBJECT: Consider Lot Split/17680 Arrowhead St. NW-Planning DATE: June 17,2003 INTRODUCTION The property owner is seeking approval to divide the subject property into two single-family rural residential lots. DISCUSSION Variance to Buildable Area The building official has reviewed the proposed lot split and has determined that the new lot will / need a variance to Ordinance 9.06(A2) which requires a contiguous buildable area measuring 150' X 150' for a total of22,500 square feet. Proposed Parcel B will not allow a 150' X 150' buildable area due to the location of a wetland in relation to the west property line, although the site is sufficient to provide 22,500 square feet in buildable area. The attached Option One shows the proposed lot split as reviewed and recommended by the Planning Commission with a variance to the 150 X 150 foot contiguous buildable area. The attached Option Two shows the proposed lot split with an adjustment to the location of the west property line. This option removes the significant jog in the proposed property line needed to preserve 300' oflot width on Parcel A. It is Option Two which the applicant wishes for Council to approve. Option Two would also require Council to approve a variance to the 300 foot frontage lot width requirement for Parcel A. Option Two would also create a more "identifiable" lot line, reducing the chance of confusion of where the property line is located. Conformance with Local Ordinances The proposed lot split is in conformance with the minimum lot size requirements of Ordinance 8, Section 6.02. The following table compares the proposal with the regulations for the Single Family Rural Zoning District (R-1): Option 1 Option 2 R-1 Req. Parcel A Parcel B Parcel A Parcel B j Lot Width (street frontage) 300 541 230 541 300 Lot Depth (avg) 373.5 334.5 603.4 288.8 150 Lot Area 2.5 acres 2.6 acres 2.5 acres 2.6 acres 2.5 acres Vacation of Right-of-Way The applicant has requested a portion of the right-of-way along Arrowhead Street be vacated. Arrowhead Street was originally platted to include a temporary cul-de-sac, terminating at 177th I Avenue NW. Since then, Arrowhead has been continued as a through street. As a result, the additional right-of-way for the cul-de-sac is no longer needed. The area to be vacated is that portion of the cul-de-sac which no longer exists. The Vacation of Right-of-Way request will be reviewed by the City Council as a separate item. Easements A separate easement document is necessary to establish the typical10-foot drainage & utility easements around the perimeter of both properties. There is a private utility easement for United Power Association located along the southern portion of both parcels that will not affect the location of a new house. Staff Recommendation ARC has reviewed this item and has recommended approval of the proposed lot split with a variance to the 150 X 150 foot contiguous buildable area as indicated in Option One. Planning Commission Recommendation The Planning Commission has recommended approval of the proposed lot split with a variance to the 150 X 150 foot contiguous buildable area as indicated in Option One. Attachments Resolution (Option One) Resolution (Option Two) Planning Commission Minutes Location Map Surveys Photographs ACTION REOUIRED The City Council is asked to choose from the following options to approve or deny the proposed lot split and variance: 1. Approve Option One Lot Split with a variance to the 150' X 150' contiguous buildable area requirement for Parcel B. 2. Approve Option Two Lot Split with variances to the 150' X 150' contiguous buildable area requirement for Parcel B and the 300' frontage lot width for Parcel A. 3. Deny Lot Split. Respectfully submitted, d~JWJJ2 Jon Sevald CC: Valerie & Donald Holthus Jr. 17680 Arrowhead St. NW Andover, MN 55304 / 1- CITY OF ANDOVER ~ COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ~ A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR VALERIE HOLTHUS & C DONALD HOLTHUS JR. TO SPLIT A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS AT 17680 ARROWHEAD STREET N. W. (PID: 04 32 24 42 0006) < WITH A VARIANCE TO THE 150' X 150' BUILDABLE AREA. The property to be divided into two single-family residential lots is legally described as: ~ Parcel A All that part of Lot 6, Block 2, VERDIN ACRES, Anoka County, Minnesota ~ lying westerly and northerly of the following described line: Beginning at point on the north line of said Lot 6, a distance of339.56 feet west of the Northeast corner of said Lot 6; thence south for a distance of 631,20 feet for a point on the south line oflot 6, which is a distance of 455.00 feet west of the Southeast corner of said Lot 6, except the north 66.00 feet thereof, lying westerly of the following described line: Commencing at the southeast corner of said Lot 6; thence South 88 degrees 55 minutes 00 seconds West assumed bearing, along the south line of said Lot 6 a distance of 349.55 feet to the point of beginning ofline to be described; thence North 21 degrees 09 minutes 36 seconds East a distance of 401.92 feet; thence North 01 degrees 13 minutes 02 seconds East a distance of 138.19 feet; thence South 87 degrees 49 minutes 53 seconds East 69.98 feet; thence North 02 degrees 10 minutes 07 seconds East a distance of 41.00 feet, to a point on the south line of the north 66.00 feet of said Lot 6 and said lie there terminating. Parcel B That part of Lot 6, Block 2, VERDIN ACRES, Anoka County, Minnesota lying easterly and southerly of the following described line: Beginning at point on the north line of said Lot 6, a distance of 339.56 feet west of the Northeast comer of said Lot 6; thence south for a distance of 631.20 feet for a point on the south line oflot 6, which is a distance of 455.00 feet west of the Southeast corner of said Lot 6, except the north 66.00 feet thereof, lying westerly of the following described line: Commencing at the southeast comer of said Lot 6; thence South 88 degrees 55 minutes 00 seconds West assumed bearing, along the south line of said Lot 6 a distance of349.55 feet to the point of beginning of line to be described; thence North 21 degrees 09 minutes 36 seconds East a distance of 401.92 feet; thence North 01 degrees 13 minutes 02 seconds East a distance of 138.19 feet: thence South 87 degrees 49 minutes 53 seconds East 69.98 feet; thence North 02 degrees 3 10 minutes 07 seconds East a distance of 41.00 feet, to a point on the south line of the north 66.00 feet of said Lot 6 and said line there terminating. / WHEREAS, Valerie Holthus & Donald Holthus Jr. have requested approval ofa lot split to subdivide a rural residential property into two rural residential lots; and WHEREAS, Valerie Holthus & Donald Holthus Jr. have requested a variance to Ordinance 9.06(A2) requiring a 150' X 150' buildable area with the following findings: 1. The topography of the site and location of the wetlands on the site will not allow a 150' X 150' buildable area on Parcel B. 2. The site has sufficient area to conform with lot size requirements. 3. The site has sufficient area to provide 10,000 square feet for an on site drain field. 4. The site has sufficient area to provide 22,500 square feet in buildable area. 5. The proposed variance will allow the site to be custom graded to prevent excessive tree loss. WHEREAS, the City Council has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and 10; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the / health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the City Council finds that the lot split and variance request is not detrimental to the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split and variance on said property with the following conditions: 1. The applicant is required to dedicate a ten-foot drainage and utility easements around the perimeter of both properties with a separate document. 2. Payment of a park dedication fee based on the fee ordinance in effect at the time of Council approval. 3. Payment of a trail fee based on the fee ordinance in effect at the time of Council approval. 4. That the lot split and variance be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). / t/ 5. The lowest floor of the future house on Parcel B must be at least three feet above the seasonal high water mark or one foot above the 100 year flood elevation, whichever is higher. 6. The shed and corral must be removed from Parcel B, Adopted by the City Council of the City of Andover on this 17th day of June, 2003. CITY OF ANDOVER Mike Gamache, Mayor ATTEST: Victoria V olk, City Clerk I / S CITY OF ANDOVER ~ COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ~ A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR VALERIE HOLTHUS & C DONALD HOLTHUS JR. TO SPLIT A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS AT 17680 ARROWHEAD STREETN,W. (PID: 04 32 24 42 0006) < WITH A VARIANCE TO THE 150' X 150' BUILDABLE AREA AND THE 300 FOOT FRONTAGE LOT WIDTH REQUIREMENTS. ~ The property to be divided into two single-family residential lots is legally described as: ~ Parcel A All that part of Lot 6, Block 2, VERDIN ACRES, Anoka County, Minnesota lying westerly of the following described line: Beginning at point on the north line of said Lot 6, a distance of339.56 feet west of the Northeast corner of said Lot 6; thence south for a distance of 631.20 feet for a point on the south line oflot 6, which is a distance of 455.00 feet west of the Southeast corner of said Lot 6, except the north 66,00 feet thereof, lying westerly ofthe following described line: Commencing at the southeast corner of said Lot 6; thence South 88 degrees 55 / minutes 00 seconds West assumed bearing, along the south line of said Lot 6 a distance of334.55 feet to the point of beginning ofline to be described; thence North 19 degrees 09 minutes 12 seconds East a distance of 396.48 feet; thence North 01 degrees 13 minutes 02 seconds East a distance of 179.19 feet, to a point on the south line of the north 66.00 feet of said Lot 6 and said line there terminating, Parcel B That part of Lot 6, Block 2, VERDIN ACRES, Anoka County, Minnesota lying easterly of the following described line: Beginning at point on the north line of said Lot 6, a distance of339.56 feet west of the Northeast corner of said Lot 6; thence south for a distance of 631.20 feet for a point on the south line oflot 6, which is a distance of 455,00 feet west of the Southeast corner of said Lot 6, except the north 66.00 feet thereof, lying westerly of the following described line: Commencing at the southeast corner of said Lot 6; thence South 88 degrees 55 minutes 00 seconds West assumed bearing, along the south line of said Lot 6 a distance of334.55 feet to the point of beginning ofline to be described; thence North 19 degrees 09 minutes 12 seconds East a distance of 396.48 feet; thence North 01 degrees 13 minutes 02 seconds East a distance of 179.19 feet, to a point I to on the south line of the north 66.00 feet of said Lot 6 and said line there terminating. WHEREAS, Valerie Holthus & Donald Holthus Jr. have requested approval of a lot split to subdivide a rural residential property into two rural residential lots; and WHEREAS, Valerie Holthus & Donald Holthus Jr. have requested a variance to Ordinance 9.06(A2) requiring a 150' X 150' buildable area and a variance to Ordinance 8(6.02) requiring a lot width frontage 0000 feet with the following findings: 1. The topography of the site and location of the wetlands on the site will not allow a 150' X 150' buildable area on Parcel B, 2. The site has sufficient area to conform with lot size requirements, 3. The site has sufficient area to provide 10,000 square feet for an on site drain field. 4. The site has sufficient area to provide 22,500 square feet in buildable area. 5, The proposed variance will allow the site to be custom graded to prevent excessive tree loss. WHEREAS, the City Council has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and 10; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the City Council finds that the lot split and variance request is not detrimental to the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split and variance on said property with the following conditions: 1. The applicant is required to dedicate a ten-foot drainage and utility easements around the perimeter of both properties with a separate document. 2. Payment of a park dedication fee based on the fee ordinance in effect at the time of Council approval. 3. Payment of a trail fee based on the fee ordinance in effect at the time of Council approval. 4. That the lot split and variance be subject to a sunset clause as defined in Ordinance No, 40, Section III(E). 7 5. The lowest floor of the future house on Parcel B must be at least three feet above the seasonal high water mark or one foot above the 100 year flood elevation, whichever is higher. 6. The shed and corral must be removed from Parcel B. Adopted by the City Council of the City of Andover on this 17th day of June, 2003. CITY OF ANDOVER Mike Gamache, Mayor ATTEST: Victoria V olk, City Clerk I / 8 Re ar Andover Planning and Zoning Commission Meeting Minute May 27, 2003 Page 3 Commissioner Gree aid asked how many units were proposed for ure's Run. Mr. Bednarz stated he belie there were 54 units total. Commissio Greenwald asked how many units were alrea p. Mr. Bednarz stated there w e three buildings up so far. There was no public input. Motion by Greenwald, secon by Gamache, to close the pu Motion carried on a 7-aye , O-nays, O-absent vote. Motion by Green d, seconded by Gamache, to recommend to the City uncil approval oft roposed special use permit amendment. Motion carried on a yes, 0- nays, O-ab nt vote. ednarz stated that this item would be before the Council at the June 17,2003 City ounci1 meeting. PUBLIC HEARING: LOT SPLIT (02-12) TO CREATE A NEW RURAL i RESIDENTIAL PROPERTY AT 17680 ARROWHEAD STREET NW FOR DONALD AND VALERIE HOLTHUS. Mr. Bednarz explained that the applicant is seeking approval to divide the subject property into two single-family rural residential lots. Mr. Bednarz discussed the drawings in the staff report with the Planning Commission. Commissioner Greenwood asked if they were voting for two items, the lot split and the variance. Mr. Bednarz stated they were voting for the lot split only. Commissioner Jasper asked if the 150 by 150 box could be achieved by moving the line on the map. Mr. Bednarz stated they have taken a long look at this and the difficulty would be they would still need to provide the 300 feet of lot width for Parcel A at the front building setback, which is forty feet into the site. As a result the line that goes up to achieve the three hundred feet and then jogs to the south and west. Commissioner Jasper stated when the line jogs and turns to the south, if the line were moved, they would have the 150 feet across the front off the north end, Mr. Bednarz showed the map and they discussed the reason why the line was where it was. Commissioner Gamache asked how close they were to the 150 feet on the second lot to make the 150 by 150 pad. Mr. Bednarz stated the dimension is 112.7. Commissioner Gamache asked if they could move the new property line ten feet to reduce the lot width q Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 2003 Page 5 Commissioner Vatne stated Mr. Bednarz indicated there was past precedence on approving a variance like this, the buildable area, this is the defining item for him. He stated if they have past precedence on varying from this, it holds a fair amount of weight but they should go back and entertain the potential change to the 150 foot square, similar to what they did with the lot sizing. He stated he is in favor of this because there is past precedence with the variance. Commissioner Greenwald stated he based the motion on the wetland is proposing the hardship. Chairperson Daninger stated he believed there are changes coming and that is why he will be voting against this because as they grow, these will present opportunities for the City to reexamine some of the Ordinances to look at them closer. Commissioner Greenwald asked if he was voting against this because there was not an Ordinance to cover this right now. Chairperson Daninger stated he believed there was not a hardship to support this at this time even though there was some past precedence. He stated he was not comfortable with having to take a break, re-look at it, having a new survey come in at 4:00 and based upon that he did not want to approve this. Commissioner Jasper stated he is not convinced with the information they have that this cannot be made conforming and the late submission of the drawing, he was not sure which drawing they were working with. He stated it needs to be readdressed and he does I not think the lot split was a bad idea; it just needed to be looked at and done properly. Motion carried on as-ayes, 2-nays (Jasper, Daninger), O-absent vote. Mr. Bednarz stated that this item would be before the Council at the June 17,2003 City Council meeting, BLIC HEARING: SPECIAL USE PERMIT (03-06) TO ALLOW OUTDOOR STO GE AND RETAIL SALES AT 3160 162ND LANE NW. Mr. Bednarz exp . ed the applicant has opened a landscape nurser ue to the fact that the property is zoned . . s needed for outdoor storage and retail sales. Commissioner Kircho ed if a business wants to com ' to the City, there are certain things they hav ave no matter what type of a business. ednarz stated that when changes made to the property, the new tenant or owner is require In onformance. 10 ....... Cl ~ Z~ ~ , ~ 'T , l~: ... m' -0 I I ~ ",j C ~:i '" ....... GI .~ 6.~ ,.. :2 Q) ~ .... Iff' C: ,~ I- .~ "Iii" ::J l:i '" ~ Co ~ '" at: III Cl W 0 ,~ :E: !:l. Z c.:;:::::l '" '" (J ~ ~ =:; '" EE a: W -00 1: ~ '" W a: Q)- w ~ :::J a: "E .!: @ W .ti ..zz"'-w 'tI=:;w<l:~ in 0Q) 0'<: C Z U ~ \1\ Q)- r--.. g N ~- ~DI-a:-' ,..0 QJi=~L.LJW II ~ g =c ...ua:l-~ _ N ~g .. 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I' ~ \ I", \ ~ \ \ \ \ \ I \ I \ \ \ \ \ ------------\- \ \ \ ----- - \ 1. Southwest camer ~ - -- -,.------- m. of Porcel A .... d. , -------------- ,..... ~55.00 - Southeast .. , en '" ~.00"t SO.'5.>'~'" \ .... of lot 6 2. South lin. 0' Lol 6 \ ;no ----___________ tC..I'UN1i'EO POWER ASSOOATION EAS(MENT AS PER PlAT _----.... ~ \ '\ rei //"/"/7 -------;-______________:______________________~~~-----__~~---. I.. di: I.... ;oJ' " :l. II') I " " ~ I ,-----, // " .. f // " ,~ ----------J--------------------________J~________:~~~::--- .... /"/"~"-, ~ I LEGEND , I e.lrCIIOI-.--tlao..cl ,O.......~Mi...cl1ftGl"WoCl Option 1 win. Iic-. No. 1&420- &I .. 0-0.... "'lirI9 -.ation . eel>.. 0-1._ ......... .......- __ 9"* .. .............t p160ft N - -=.c.. o-t.. *...... _ IOtaltr __I _.D-'..~.....- I - a .. 0-0,.. oK'" roo. - ~ ..,..... ... ..-.d - . D_ol_ ,..... _1_ ~o 0 ~o '00 .._~..c.,..,....,. I I - SOil BOR1NG (BY OTHERS) SCAlE IN YEET . l~ \ I \ \ Northeast corn....~1 \ ---~~-----------~~~~===:::::~:~~~~~~=~=-=~~=:::===:~\ \ ;' / I North r.,.., Lot 6::;7 0-- -""1...------------ / . I ) .... / , ,';,J.! " ........J6.111 In A.'C tltll " I ;:1 -/ ~--- ~ S8T"9'5.r[ ""...'" / ~ / , . 80 '0 / , I II ~. I \ I I ______ \ \ r~ - I \ I I I , / I , I _.......... , ,/ -.-- .... ;' / '- _/ ( --- \ I \ \ \ I I \ \ I \ 6 \ \ \ \ \ \ I ~ \ ';., 0 . PARCEL A \ ~ ~;2 10e.937sqft or 2.5008 acres \ ~..., ~= \ ... S CO ~~ \ ..t ~ \ \ \ \ \ 2 . \ s \ \ \ I \ \ \ \ I \ \ \ \ \ I \ I \ I \ \ I ------------~- ------------ I LI \ \ me- Southwest corn~ ~ -'T------- de of Porcel A . \ onP -------------- 12Q.'" 455:00 I SoutheClst corn... "\ ~ S88~'OO"W I of Lot 6 \ 2- r--. South lin. of Lot 6 '" / " i1d. - ~ rn --------------_ .c::.,UNlTED PO'lrtR ASSOOATlON E:ASO.tENT AS PE'R PlAT _----- r-- \ \ foe ;,;,;,'" -- - ----:----- - - ------ - ------ --- _ _ ____ __ _________~--- _ _ __ ~'-..___ dls< ,/ ::) ./' ,3. I ;' .... I/'} I ." " ,... I _....---.... ",/ ..... .. I //',.......;; , _..... r-- ----------J------------________________l~ ~----- ~ ) LEGEND . .. Iron mOftUl'ftent found o _1ron~tMlandlTlGril" wit> lie.... No. ',,20. 2 . -.0 .. D.notes pist." elewation e ~.. o-ot.. propoMd III_lion N .=. ~t~':':::';I;;t'::"" O'P tl 0 n _.. 0..01.. dranoqe IIITVW I D .. Denotes offMt ron Bearinc;s shown en ctSSI.II'Nd . Denotes proposed contCll.ll" 50 0 SO , 00 fr_ ~opm..t or vroG'"9 pion . I I SCALE .. FEET SOIL BORING (BY OTHERS) I?> -+~ \J ~ 2 ~ ~~ ~ i!~'tial ~ Q. ~ ~ ~ ~ ~75~~6 ~~ ~a: , ~ :t: j j i ~~ ,_ f I : ~~l , " " ....;..::.;;:....... ' . " ~ b <I J. ........,. ~I , iJ :! I t -:7;;..-~ ~ _2 t" I I " \ a. 3 " 7 III ~ Vi ~ --3~ ~ '" ! I- " ~ it ~ . 1'1 ~ 3 ~i\ 1[.1 @ I 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: John Erar, City Administrato~ Will Neumeister, Communit)' Development Director wL FROM: Jon Sevald, Planning Intem~ SUBJECT: Public Hearing: Vacation of Right-of-Way/17680 Arrowhead St. NW - Planning DATE: June 17,2003 INTRODUCTION The applicant has requested that a portion of the right-of-way at the intersection of Arrowhead Street NW and 177th Avenue NW be vacated. DISCUSSION Arrowhead Street was originally platted to include a temporary cul-de-sac, terminating at I 77th Avenue NW. With the addition of the Hawk Ridge development in 1987, Arrowhead has been continued as a through street. As a result, the additional right-of-way for the cul-de-sac is no longer needed, The area to be vacated is that portion of the cul-de-sac, which no longer exists, I The Engineering Department has reviewed this request and has determined that vacating the excessive right-of-way will not interfere with public utilities. Connexus Energy and CenterPoint Energy have confirmed that this request will not interfere with their private utilities. Staff Recommendation Staff recommends approval of the proposed vacation of right-of-way. Attachments Resolution Survey ACTION REOUESTED The City Council is asked to approve or deny the proposed vacation of right-of-way request. ~c~~itted, Jon Sevald CC: Valerie & Donald Holthus Jr. 17680 Arrowhead St. NW Andover; MN 55304 Calvin & Andrea Fogelman 17651 Arrowhead St NW Andover, MN 55304 Gordon & Twila Setter 2620 177th LN NW Andover, MN 55304 Lori Schlosser 2660 17th LN NW Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO. A RESOLUTION GRANTING A VACATION OF EASEMENT TO VACATE A PORTION OF THE RIGHT-OF-WAY LOCATED ON PROPERTIES LOCATED AT 17680 ARROWHEAD STREET, NW (PIN: 04 32 24 420006) AND 17651 ARROWHEAD STREET, NW (PIN: 043224420001) LEGALLY DESCRIBED AS: Lot 6, Block 2, VERDIN ACRES, Anoka County, Minnesota. Lot 4, Block 1, VERDIN ACRES, Anoka County, Minnesota. WHEREAS, Valerie and Donald Holthus Jr. have requested to vacate a portion of the right-of- way located on properties at 17680 Arrowhead St NW and 17651 Arrowhead St. NW, and: WHEREAS, that portion of the right-of-way to be vacated is legally described as: That part of the right-of-way as shown on the plat of VERDIN ACRES, according to the duly recorded plat thereof, described as follows: That part of Arrowhead Street NW as dedicated and depicted on the record plat of VERDIN ACRES, Anoka County, Minnesota, lying westerly ofthe northerly / extension of the east line of Lot 6, Block 2, said VERDIN ACRES and lying southerly of a line 66.00 feet south of the north line of said Lot 6. AND That part of said Arrowhead Street NW as dedicated and depicted on the record plat of VERDIN ACRES, Anoka County, Minnesota, lying easterly of the following described line: Commencing at the Northwest corner of Lot 4, Block 1, said plat of VERDIN ACRES; thence South 08 degrees 10 minutes 29 seconds East, along the east line of said Lot 4, assuming the north line of said Lot 4 bears South 87 degrees 49 minutes 53 seconds East a distance of 4.86 feet to the actual point of beginning of the line to be described; thence continue South 08 degrees 10 minutes 29 seconds West a distance of 120.00 feet and said line there terminating. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals and general welfare ofthe City of Andover, and; WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the right-of-way as described in this resolution, / Z Adopted by the City Council of the City of Andover on this 17th day of June 2003. / CITY OF ANDOVER ATTEST: Mike Gamache, Mayor Victoria V olk, City Clerk / 3 m ~ ~.r::5:O o :5~ ~:5~1~~ ~ ~ ~ _",~mC <( C 1::: oc1!o"o ,,'" 11'1 0" ...' ,... " 0 · , / ~,,~ .~~ .20~;;OC:: .o~ ~ I .; W ...,' .. O<.,.~ ".; o. " ml,I,I!E ~ 0.'.' "., ~^o.'O !" oi1 ' !1"l!l~~ " .,., 'c. .". ,. .~ . 0 ,. , . . 0"'- cOO ., . '0" .' _ .... 0.0" 11111 ~ 1 Z _~~" mO -,,000 - ~ ~ I o O' . . . .' ..' .0. 0 ' · . .,.,. ""..,. 0 0 ci · l:J ::"1 ~~ '0'= m", 0 ga g ~ E.: . ".,S .' <"'''' ,,'.' Ul 'liu'O~:o ,".0; ~ ~='O-1J~ 8..:'0;;'; . "".. ~,"<ooo ", - " ""' '"c._c ",0 _.=o~.o ~~o' 0- . .. ,;' %~ ~ e: OS' ,."" o "'ui~""' m ~-" mo"""' '" CD '" z,,",~"',: ::0 E-~'"~ .2 1 N . 05 ,.~ ,. ,..,=; 0" · . 1<"" -. 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WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrato~~ Will Neumeister, Community evelopment Directorc<<t-.- FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Special Use Permit/Outdoor Storage and Retail Sales/3160 162nd Lane NW-Planning DATE: June 17,2003 INTRODUCTION The applicant has opened a landscape nursery at the above referenced property. Due to the fact that the property is zoned Limited Industrial (I), a special use permit is needed for outdoor storage and retail sales. DISCUSSION The applicant has provided a rudimentary site plan (attached). The information provided on the site plan is not sufficient to make a thorough comparison of the proposal to applicable ordinances. Photographs of the site are also included in the attachments. Comparison of Proposal to Applicable Ordinances Use of property The property is being used for exterior storage and retail sales without having been issued the required special use permit. The applicant was informed of this requirement several months ago, before he purchased the property. Staff visited the site on Thursday May 8th, after the operation opened, and again informed the applicant of the required permit. At that time only two portable wagons with hanging plants existed on the site. The next day and over the weekend the applicant hauled in thousands of dollars worth of landscaping material and expanded the illegal operation, Staff has initiated enforcement through the City Attorney. Existing Structure The existing structure is an accessory building. It does not meet fire or building code requirements for commercial use and cannot continue to be used for this purpose. Landscaping All areas not covered by building or parking area are required to be landscaped. Turfhas not been established on the site and there is no separation between parking areas and the property line for this to occur. Refuse All waste material is required to be contained within a properly designed container. None has been observed on the site, Signage The site contains signs and banners for which a permit has not been issued. The type of signage on the site is temporary in nature and does not meet the City's requirements. Planning Commission Recommendation The Planning Commission correctly identified that the enforcement action and review of the special use permit application are two separate isues, However, the Commission found that the operation varied significantly from established regulations and performance standards and recommended denial of the permit with a 6-1 vote. The minutes from this meeting are attached. ACTION REOUESTED The City Council is asked to approve or deny the proposed special use permit. If the application is approved, a condition of approval should require the applicant to conform with applicable ordinances by completing the commercial site plan process. / Attachments Resolution Location Map Site Drawing Site Photographs Applicant's Letter Citations Planning Commission Minutes Cc: Archie Zahler, 1900 South Second Street Hopkins, MN 55343 / -2.- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. - A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF TWIN CITY PLACING AND EXCAVATING FOR OUTDOOR STORAGE AND RETAIL SALES ON PROPERTY LOCATED AT 3160 162ND LANE NW (PIN 16-32-24-23- 0005) LEGALLY DESCRIBED AS: THE WEST 250 FEET OF THE SOUTH 233 FEET OF THE NORTH 1984.99 FEET OF THE WEST 1/2 OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD WHEREAS, Twin City Placing and Excavating has requested a ~ecial use permit for outdoor storage and retail sales on property located at 3160 162" Lane NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the following criteria of Ordinance No, 8, Section 4.30: 1. The property is presently being used for exterior storage and retail sales without having been issued the required special use permit. 2. The existing structure is an accessory building. It does not meet fire or building code requirements for commercial use and cannot continue to be used for this purpose. 3. The parking area does not provide a hard surface or curb and gutter as is required. No striping or any type of traffic control features are present on the site. 4. The site does not conform to the landscaping requirements of Ordinance 8, Section 8.04 5. All waste material is required to be contained within a properly designed container. None has been observed on the site. 6. The site contains signs and banners for which a permit has not been issued. The type of sign age on the site is temporary and does not meet the City's requirements. 7. The applicant has not provided a site plan that contains sufficient information to make a thorough comparison of the proposal to applicable ordinances, / -3- WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the Special Use Permit request. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and denies the Special Use Permit on said property. Adopted by the City Council of the City of Andover on this_day of , 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria Volk, City Clerk / I -+- Special Use Permit Outdoor Storage and Retail Sales 3160 162nd Lane \\~l I .rt 1!- ~ I ) 5 \ "", . I~ '-(;; a 164 ~ '~ . rl/ V' , b-- ~ I' ^ \\ J L ~ L-'l V / 1 / \~ r- , \ ----- ~ , ~ ,-- - .~ - '.1~T ^' u}-- - - / If \ 1- H - ,.. 1- ~ '\ \ \~ ~ \\ I~ I -I" - / c:: '7 1- ~ / - ,- N Project Location Map w~, s Andover Planning -s-- --'-'-~---'-~~----~ -----. ---------- ~ Twin City Placing & Excavating 1 Field Quote ,Office: 952-935-8877 1900 South Second Street Fax: 952-933-6716 Hopkins, Minnesota 55343 Customer Name: ,/II'? h,('" /" /,/.-1" . Date: . , Address: Phone: G /J -;;; 2cJ :s )O~ t Fax: ./ Site Address: ?/&,() /(",) I~U 1 /1 ,/U kJ Other: /!/v,;(..\;;-f',r,6 Description of proposed work; 1-- b_ ~ ':4:: -, , , -.;. -""T - ,- .s h/' c...., " .' '., I f.-~C LJ![- ,...'J Vl "'- ..' ' X:-: p, '.,,' ,I-- -, I I ' ~. k' ::;- . I/o ~- illj , J -1 .- , I I !J _,u-.'" . - , _:..- --, := - 1,-, < ;:: 1 r>'---_ ;:- -' ~ I i~_ d , ., l^ \; ~--- '--' i /1 .- .. t>- .\/' ll- k ., /> ,- ' -, - .,- .. ,-' ,.' - ~:' , -l' -- . ~ f/ ~ ',~ j I C ~:. S ':' - ~- - -..-.'- .. 'Or "er S. - '" .1/ cC' '':L I .- I'--~ """-. ~, ) "- --:" . --" -~"'" , " -- T 1-,-( S ! /2." {', '. ; H ..;+ . [,t. ~-~ -~~S_ '-L, , " -j"\ ~- ,- -~-' ~. -- - . - - - p - - ~ I . I, " -- -- !: ./.~ \..:.. .U i +- ,\~ ! , ; - .- j'..... ,.':'i ! , " " :,--' \ - .=l.L --+ ! r-;-. ...> , .' , , 1 ", L ,- .1,," , '- I ,-i- ' .. t f---' --- -;'j - -- --, ~:'-.~-- -- ---- .- - i Terms & Conditions: c~' In Scale; 1 square = rtfj:f Feet Pricing is subject to change without notice after 45 days. Estimate is based on rough quantity estimates only actual quantities and prices may vary. All work requires a three-day notice for utility locations, per Minnesota state law. Contractor is not responsible for damages to existing paving, curbs, gutters or sidewalks. Balance due within 30 days of completion. 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"'-' :'('1~ ....,..oy J.~_, t, : ,:~;i~~~" _.' . l f',~~d':;'..::::: ;;J!f]ili;~!~;::{//?i_;.,t:,:-::..~'-:~~~:~:'~{\':,- ;';_:':_ ' 'l, \';~~'\.l.'~ ~'~.' - ~:cn.:~I..~'1 L.'{...ln,:,i!...;lf...lt.i....tJ..'):....l;'..~.:;'.!..'If.....[.:,:_....'.'('..:..;'....f.,_:.,:.'!...> ; :/""'1' '-"-/fl)"'II_"~ ~i ""Ir,,' ::n'l"'f.HWlhfi:',:':>l,',:.::!.:':':;':\::;'';.' ( -1/_ )~1.w:~ .~_L':. :::L:,;r;:J.:,Jili".~,,,,.";;" 'I ~ (, ',~-- l~.d:-.;W"~Ii':JiLtii~ttl!t'_:'~\".\:;.>f.~'~::;;..~:.._':. c~~ The Tree Stop, Inc. 3160 1620d Lane NW Andover, Mn. 55304 763-712-1409 The City Of Andover 5-12-03 To whom it may concern; Enclosed, please find our application for a special use permit for the property located at 3160 162nd, Lane NW in the beautiful city of Andover, Minnesota. We are absolutely thrilled to be here and hope that the feeling will be reciprocated once you understand what we are doing and where intend to go. In order help you to get a clear picture of our goals, we would like to introduce you to the Tree Stop, Inc. The Tree Stop, Inc. is nursery / landscape supply company that currently has an inventory of approximately $45,000.00 worth of large shade trees, including but not I limited to maples, ash, elm, river birch and flowering crabs, evergreen trees such as Colorado Blue Spruce, Scotch Pines, Norway Pines etc. Potted trees, shrubs and flowering bushes of numerous varieties, annuals, perennials, hanging flower baskets and potted flowers, various kinds of decorative rock and boulders, premium mulches and soils and other items specific to gardening and beautifying property. A complete inventory list is available on request. Our original intention was to be a wholesaler but we quickly found an immense need in the area for a retail outlet to the public. As we were preparing the site and not even open for business, dozens of residents of Andover stopped in to say that they were thrilled we were there. We heard over and over that they couldn't wait until we were open. Because of these inherent qualities of our inventory that improve and beautify property, our own location has changed dramatically for the better in the short time we have had available to get our business open. I am sure that most of you are aware of the condition of this property prior to us acquiring it only a few short weeks ago. It was a dirty, trash filled, eyesore that had scrub brush and weeds that not only made the property look undesirable but also made visibility difficult and very possibly dangerous at that corner. We have spent in excess of $20,000.00 in excavating to clean it up as well as approximately $7,000.00 in a new fence that has not only improved sight lines but the aesthetic qualities of the property as well. The value of the property has already / increased tremendously. Pictures are available upon request but we would love it you would stop in anytime and see for yourselves. -IZ- , , As it is imperative in this industry to be open by Mothers Day weekend to insure that your customer base is not only aware of your location but also that our stock is available for the relatively short spring planting season, we have been working around the clock to create suitable parking facilities on site to insure the safety of our customers and the public. We have ample space available within our fence for our customers so that parking on the street will not be necessary and existing traffic conditions should not change. The nature of our industry, Landscape Nurseries, is not in any way dangerous or hazardous to anyone's health, in fact it is quite the opposite. Living plants and trees are good for people in many ways. They provide shade from the heat, food to eat, and peace for the soul by just looking at their beauty. We have experienced people on staff to help load purchases or deliver for our customers if necessary to insure that no one is injured by lifting or transporting larger pieces. The yard is laid out in such a way that it is not only very beautiful to look at, but so that there are no dangers to customers or the public. The ground is flat and easy to walk on and there are no stairs or suspended object to walk on or under and no obstructions of visibility. As we stated earlier, we are very happy to be here in Andover. Should you have any questions or if we can be of assistance, please feel free to come by or call me at any time at 612-282-9708. / Sincerely, ; -/3- e0'381::!d ~tel> tel> ~9.!. .!.l>:0t ~00e 0~ ,l.1::!W . .c ~ ST~I~ DF MINNESOTA hl:JeJ Yert.- /4 'II/W /b 2-q I ",., ~ l COUNT'fOFANOKA COMPLAINT ~" ~ ~ .... . ~.. r ---. ',' ! ~ ~ "" 1726-925 , ~ ~~ ~~, '. 1f I. . ~ . . .. ~, (3 0-, [; 0 :s: .' "~ ~, , " ...~ ~ ~ i ~ ..., .. w :s :l' ~ ~ ... I . !:!l =l;> III':!: d I )> 'l!j P.i a ~ ' . ~ '. E5 ~ , ~5:.C1l 2:,~ -. 0.. ~ g , I",ffi"'~$fil ........... ;a i":i . r,l" lj;:4 '" 'I;;.. I ' ",~,ol:l~.t: L at:ia:s f ! 0 0 0 0 ... 0 0 ...,..' U ~ a ~ . ~ ~~. ~ ' ! <6' -'.' t -i~. !M I m[g . 5 2! .. I ...~..:;:( ~ i~.u ~ ~ ,. iij ~ .: ~ -'.. ~ ~ ~ ;:"~a.:5 It); t i WlI a I ~!i ,'" ~ g~ ~ <: J:t ~ I ...."'- ~ ~5il1 '1 ~~g S ~~ ! 8~ _ ~ ~! : 0 000 0 :t !h :. ~ Q / "., I ~D()"'E7t~I/"otJ~ ii!-1/ I I' I ~.^,,,],..,...,,.._..,,....-_... . -. -. . "I" I."~ - \."" Ii . , ~ I . '."'. I 1!..(1......... ',I.,r : ',' " . "., J .,~I' I 1,,....'11.,.' f. ,_ .. I '" '-Ii. '.' I' .:', . I COMPLAINT ~\tl!;l,i;t":!:~"'(:"i;'.I" (' i:J' ,.:' ? /,:;,.; "'! l ~ ICl":Ii.~~..",.Jal:'.l...;;;...j._:,:\:..;:.;J.l"'':':.., ;~J.~',.,.ll!!.',' ~ :!!! 616-899 iii "" "" t;; I ~ ~ ~ ~ I i I ~O~ 00 I ~~ ~~ I i ~I!b: !!Ill! !'If .. I ~>:iw ~~ ~ I . ffi~~~-~% ~ ! la~"'~~~~ ~'-... ... , Qz~~oE~ :::>>:fj1O ! ODOO~oC 8~~ : ~ ~~= I ~f5 a 2 z "",D: fP.....J i: U I- SI ~Cl~:;!; ~ CD .. I ;l:~ 15 '" ~ ~ t : C -sc;-s ~ .:i:I1~S 'J 'V:J.9 .u.r' 7~n bCb'nN >?68~~L ~ ~~H Hlv ~vt? ~~I~~O M~' 8~:0t ~00Z/0> Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 2003 Page 5 Commissioner Vatne stated Mr. Bednarz indicated there was past precedence on approving a variance like this, the buildable area, this is the defining item for him. He stated if they have past precedence on varying from this, it holds a fair amount of weight but they should go back and entertain the potential change to the 150 foot square, similar to what they did with the lot sizing. He stated he is in favor of this because there is past precedence with the variance. Commissioner Greenwald stated he based the motion on the wetland is proposing the hardship. Chairperson Daninger stated he believed there are changes coming and that is why he will be voting against this because as they grow, these will present opportunities for the City to reexamine some of the Ordinances to look at them closer, Commissioner Greenwald asked ifhe was voting against this because there was not an Ordinance to cover this right now. Chairperson Daninger stated he believed there was not a hardship to support this at this time even though there was some past precedence. He stated he was not comfortable with having to take a break, re-look at it, having a new survey come in at 4:00 and based upon that he did not want to approve this. Commissioner Jasper stated he is not convinced with the information they have that this cannot be made conforming and the late submission of the drawing, he was not sure which drawing they were working with. He stated it needs to be readdressed and he does / not think the lot split was a bad idea; it just needed to be looked at and done properly. Motion carried on as-ayes, 2-nays (Jasper, Daninger), O-absent vote. Mr. Bednarz stated that this item would be before the Council at the June 17,2003 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT (03-06) TO ALLOW OUTDOOR STORAGE AND RETAIL SALES AT 3160 162ND LANE NW. Mr. Bednarz explained the applicant has opened a landscape nursery. Due to the fact that the property is zoned Limited Industrial (I), a special use permit is needed for outdoor storage and retail sales. Mr. Bednarz stated the applicant has provided a rudimentary site plan. He discussed the staff report with the Planning Commission. Commissioner Kirchoff asked if a business wants to come into the City, there are certain things they have to have no matter what type of a business. Mr. Bednarz stated that when changes are made to the property, the new tenant or owner is required to bring the site into conformance. -IS"' - Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 2003 Page 6 Commissioner Kirchoff asked if any business would need a permit to do business in the City. Mr. Bednarz stated it depended on the circumstance, typically if it is an existing building, the building inspector and fire chief will inspect the building and determine whether or not it meets all the codes and work with the applicant on this. If it is a new building the commercial site plan process ensures compliance with ordinances. Discussion ensued in regards to the applicant operating a business without a permit and not following regulations. Commissioner Kirchoff asked if the business could operate as is without retail. Mr. Bednarz stated that portion would be fine but the building could not be used because it does not meet uniform building and fire codes and there is not any running water or bathrooms. Motion by Greenwald, seconded by Gamache, to open the public hearing at 8:00 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Archie Zahler, 3160 162nd Lane NW, stated he could address most of the questions by the Commission. He showed pictures to the Commission on how they beautified the area by having this landscape business in the area. Mr. Zahler explained he did not think they have done anything wrong. There was a letter / to the City that they were opening their business as a wholesale business, which is allowed and after they were opened for a while, they had comments from residents that they should have a retail area. What they have found is that in the inner areas of Round Lake Boulevard, they are helping to keep the traffic out. He stated that without City water and sewer on the property, the land is worthless. He stated they did make a parking lot and there is a drainage area outside of their entrance gate. He stated the building is a permanent building and to this day, no one has informed him of any building or fire deficiencies or else he would have addressed them. Commissioner Jasper asked Mr. Zahler if he saw the staff report. Mr. Zahler stated he did but not until late. Commissioner Jasper stated he did not care about what happened in the past but he was wondering if the building met fire and building requirements. Mr. Zahler stated he did not know what issues the City had with the building. Commissioner Jasper asked ifthere was a proper commercial refuse container on the property. Mr. Zahler's stated he did not have one but there was not any garbage on the property. Commissioner Kirchoff stated he noticed a port-a-potty on site and he wondered if this was for customer use. Mr. Zahler stated this was correct because at this time there was not a well on the property and he did not install a well yet but he would in the future. I -1';- Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 2003 Page 7 I Commissioner Vatne asked when Mr, Zahler purchased the property, did he understand this was limited industrial. Mr. Zahler stated he did. Chairperson Daninger asked if the nursery is a wholesale or retail operation. Mr. Zahler stated he is both and he knows he is obviously in violation of the law. Chairperson Daninger asked what date he is planning on putting blacktop on the parking lot. Mr. Zahler asked if this was mandatory. Chairperson Daninger stated it was a part of issuing a permit. Mr. Bednarz stated it was a requirement for operating the business to have a parking lot with hard surface and curb and gutter as was done for Andover A wards and Embroidery next door. Mr. Zahler stated he could get the parking lot paved within thirty days. Motion by Greenwald, seconded by Kirchoff, to close the public hearing at 8:21 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Discussion ensued in regards to the applicant operating a business without a permit and how he has not followed the rules and the Commissions concerns for other landscaping businesses operating in Andover, who follow the rules and may feel if the Special Use Permit is approved, would be unfair. Commissioner Kirchoff stated when they see a conditional use permit, they usually see a / site plan and the Commission has not seen a site plan for this so he thought this may be an incomplete site plan. Chairperson Daninger stated he was in favor of denying the Special Use Permit. Commissioner Casey stated he agreed. Commissioner Kirchoff stated he would like to see a site plan before making a decision. Commissioner Gamache stated he would recommend passing this onto the City Council for approval if all the criteria are met. Commissioner Greenwald stated he is against starting a business without prior approval. Commissioner Gamache stated he is not agreeing with what the applicant has done but it is the right thing for the land. Commissioner Vatne asked as far as the process, does the City have any set standard that is required for a Special Use Permit. Mr. Bednarz stated they did. Commissioner Vatne asked if it was presented to the applicant and when. Mr. Bednarz stated it was given to the applicant when he visited the property. Commissioner Vatne stated he could vote either for or against. Commissioner Jasper stated there were two ways they could make the motion. One was to approve it with the conditions and the second would be to deny this. He thought he would deny this because the applicant in the past has not followed the rules. -/7- Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 2003 Page 8 Motion by Jasper, seconded by Kirchoff, to recommend to the City Council denying the special use permit to allow outdoor storage and retail sales. Motion carried on a 6-ayes, I-nays (Gamache), O-absent vote. Mr. Zahler stated in the staff report, there is a letter addressing exactly what they are saying he has done, which he has not done that and if they read the zoning for the industrial park, outside storage and wholesale is allowed. He has in fact done things in a manner that they should be done. Mr. Bednarz stated outdoor storage does require a special use permit. Mr. Bednarz stated that this item would be before the Council at the June 17,2003 City Council meeting. PUBLIC HEARING: ORDINANCE AMENDMENT (03-04) TO MODIFY ORDINANCE 8, SECTION 4.04 LOT PROVISIONS. Mr. McKay explained the Planning Commission is asked to consider updating the Lot Provision section of ordinance 8. This change would allow a resident who is building a home on their lot to remain in an existing home until the new home is constructed. / Mr. McKay discussed the information with the Planning Commission. Commissioner Vatne asked for a clarification on page three under the 4,04 lot provisions; he asked if this would apply to both urban and rural. Mr. McKay stated it would. Commissioner Jasper stated his only concern with the amendment was it did not give a maximum time for both buildings to exist. The Andover Building Official, stated they had a year to get the exterior siding and grading done but so long as they do inspections on it and get permits every 180 days, they can continue on indefinitely but most of the time they are done in 180 days. Commissioner Jasper stated it seemed to him that this should be amended to put an outside limit on it. Chairperson Daninger asked if the Building Department had any recommendations for them. Mr. Dave Almgren stated they have given previous applicants thirty days after the certificate of occupancy on the new house is built to have the old house demolished. Commissioner Gamache asked in the City of Andover, with a reputable construction company putting up a house, what is the outside limit on putting up a house. Mr. Almgren stated normally it would be 120 days. Commissioner Jasper asked what the outside limit on this would be. Mr. Almgren stated it would be 140 to 160 days. I -10- 5'\NDbVE~ @ 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: John Erar, City Administrato~ Will Neumeister, Community evelopment Director tV~ FROM: D. Tyler Mckay, Associate Plannerff/1 SUBJECT: Consider Ordinance Amendment/Ordinance 8 Section 4.04 Lot Provisions-- Planning DATE: June 17,2003 INTRODUCTION The Mayor and City Council are asked to consider updating the Lot Provisions section of ordinance 8. This change would allow a resident who is building a home on their lot to remain in an existing home until the new home is constructed, DISCUSSION Currently, Section 4.04, b of Ordinance 8 states: "Except in Planned Unit Developments there shall be no more than one (1) principal building on one (1) lot in all residential districts." At the May 6, 2003 City Council meeting, a variance to this provision was granted, allowing a resident to live on an existing home while the new home was under construction. At that time, it was found that the use of an existing house for temporary living quarters was far more compatible with the neighborhood than moving in a mobile home or some other temporary structure. At the April 22, 2003 Planning Commission meeting, Commissioner Jasper stated staff "might want to consider at another time to look at changing the Ordinance," In keeping with the spirit ofthe ordinance, which does not allow more than one principal residence on a lot, the property owner would be allowed thirty (30) days from the issuance of the Certificate of Occupancy for the new home, before the old home would need to be removed or demolished. Further, the new principal building must be completed within twelve months of the issuance of the building permit. Planning and Zoning Recommendation The Planning Commission unanimously recommended to the City Council approval of the / amendment to Ordinance 8, Section 4.04. STAFF RECOMMENDATION Given the above concerns, staff believes a change to Ordinance 8, Section 4.04, b to allow a resident who is building a home on their lot to remain in an existing home until the new home is constructed would be beneficial to the residents of the City of Andover. Attachments Resolution Minutes ACTION REOUESTED The City Council is asked to consider amending Ordinance 8, Section 4,04, b as stated in the attached Ordinance Amendment. Er~d, . Tyler Mckay I j -2- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE..8Donnnnn AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 4.04 LOT PROVISIONS IN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 4.04, Lot Provisions within the City of Andover is hereby amended as follows: (Strike out indicates words to be deleted, underlining represents words to be added.) 4.04 Lot Provisions (B) Except in Planned Unit Developments there shall be no more than one (1) principal building on one (1) lot in all residential districts.,...Unless a resident chooses to live in an existing home while a new home is being constructed. Within thirtv (30) davs of the issuance of the Certificate ofOccupancv for the newlv constructed home, I the older home needs to be removed or demolished. The new principal building must be completed within twelve months of the issuance ofthe building permit. Adopted by the City Council of the City of Andover on this lL day of J u n e 2003, CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk / -3- Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 2003 Page 8 M, by Jasper, seconded by Kirchoff, to recommend to the City Council denying the special us ermit to allow outdoor storage and retail sales. Motion carried on a 6-ayes, I-nays (Gamac O-absent vote. Mr. Zahler stated in the sta ort, there is a letter addressing exactly what they are saying he has done, which he has done that and ifthey read the zoning for the industrial park, outside storage and who e is allowed, He has in fact done things in a manner that they should be done, Mr. Bednarz ted outdoor storage does require a special use permit. Mr. Bednarz stated that this item would be before the Council at Council meeting. . PUBLIC HEARING: ORDINANCE AMENDMENT (03-04) TO MODIFY ORDINANCE 8, SECTION 4.04 LOT PROVISIONS. Mr. McKay explained the Planning Commission is asked to consider updating the Lot Provision section of ordinance 8. This change would allow a resident who is building a home on their lot to remain in an existing home until the new home is constructed. / Mr. McKay discussed the information with the Planning Commission. Commissioner Vatne asked for a clarification on page three under the 4,04 lot provisions; he asked ifthis would apply to both urban and rural. Mr. McKay stated it would. Commissioner Jasper stated his only concern with the amendment was it did not give a maximum time for both buildings to exist. The Andover Building Official, stated they had a year to get the exterior siding and grading done but so long as they do inspections on it and get permits every 180 days, they can continue on indefinitely but most of the time they are done in 180 days, Commissioner Jasper stated it seemed to him that this should be amended to put an outside limit on it. Chairperson Daninger asked if the Building Department had any recommendations for them, Mr. Dave Almgren stated they have given previous applicants thirty days after the certificate of occupancy on the new house is built to have the old house demolished. Commissioner Gamache asked in the City of Andover, with a reputable construction company putting up a house, what is the outside limit on putting up a house. Mr. Almgren stated normally it would be 120 days. Commissioner Jasper asked what the outside limit on this would be. Mr. Almgren stated it would be 140 to 160 days. J ~4-- Regular Andover Planning and Zoning Commission Meeting Minutes - May 27, 2003 Page 9 Commissioner Greenwald asked what Ordinance states they need to have the old house down within thirty days after completion of the new house. Mr. Almgren stated it is on a recommendation by the City Council in prior years. Discussion continued in regards to the time limit that should be put on allowing two main structures to remain standing after the new house is completed. Motion by Gamache, seconded by Kirchoff, to open the public hearing at 8:49 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. There was no public input. Motion by Gamache, seconded by Vatne, to close the public hearing at 8:49 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Vatne stated in previous discussions they have had, he likes the idea of preventing someone from stretching out building a house to two to three years and he would like to see it done in an expedited way. Commissioner Jasper stated there should be a sentence added reading "The new principal building must be completed within twelve months of the issuance of the building permit and the old principal building must be removed or demolished within thirty days of the issuance of a certificate of occupancy." Motion by Jasper, seconded by Gamache, to recommend to the City Council approval of Resolution No. _, approving the proposed lot split and variance adding wording to the Ordinance. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the June 17,2003 City Council meeting. PU HEARING: ORDINANCE AMENDMENT (03-05) TO MODIFY ORDINA 8, SECTION 8.23 RESIDENTIAL BUILDING STANDARDS. Associate Planner D. er McKay explained the Planning Commission is asked to consider updating the Resi . al Building Standards section of Ordinance 8. This change would allow residents to c truct four-season porches with a permanent foundation provided the porch does no ceed a maximum coverage of fifty percent of the footprint of the habitable portion of the p , i Ie structure. Currently only 20% of the footprint is allowed. Mr. McKay stated the City of Andover has been receiving in . ies about increasing the maximum coverage of four-season porches from twenty percent to percent of the habitable portion of the principal structure. City Building officials have , -~- G<o~ 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: John Enn-, CHy Admini'-f FROM: Vicki V olk, City Clerk SUBJECT: Discuss Extending Liquor Establishment Hours DATE: June 17, 2003 INTRODUCTION The State has passed a bill that extends liquor sale hours until 2:00 am. DISCUSSION City Ordinance 235, regulating intoxicating liquor, does not specify the hours when liquor can be sold. Section 1 of the ordinance states that the provisions of Minnesota Statute, Chapter 340A are adopted and made part of the ordinance. It also states that if there is an inconsistency between the provisions of the state statute and this ordinance, the more restrictive shall govern. If Council would choose to not follow state law, a section needs to be added to our ordinance specifying the hours as 8:00 am to 1 :00 am, Monday through Saturday, and 10:00 am through 1:00 am on Sundays. If Council chooses to allow establishments to be able to sell liquor until 2:00 am a public hearing must be scheduled. If Council wishes the closing hour to remain at 1 :00 am, the ordinance must be amended. If the hours are changed to 2:00 am, the bar owners must apply to the state for a permit to allow them to remain open and pay a fee to the state. r Attached is a copy of the state law. Also attached is an article from the League Bulletin regarding the new law. ACTION REOUIRED Council is requested to discuss whether to extend bar hours to 2:00 am and to schedule a public hearing for July 1,2003 if they wish to extend the hours. H.F No. 1493, 1st Engrossment Page 1 of2 .~ Legls..tur. Home I Burch I Help I links to the World 'if _'. Minnesota , House of Representatives . , KEY: ~triokeR = old language to be removed underscored = new language to be added NOTE: If you cannot see any difference in the key above, you need to ch3.l1ge~he_display_ of stricken and/or underscored language. A.ulbQI~Jmcl St~m~ . kist veLsiQJlS H.F No. 1493, 1st Engrossment: 83rd Legislative Session (2003-2004) Posted on Apr 22,2003 1.1 A bill for an act 1.2 relating to liquor; extending bar hours to 2:00 a.m.; 1.3 amending Minnesota Statutes 2002, section 340A.504, 1.4 subdivisions 1, 2, 3. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2002, section 340A.504, 1.7 subdivision 1, is amended to read: 1.8 Subdivision 1. [3.2 PERCENT MALT LIQUOR.] No sale of 3.2 1.9 percent malt liquor may be made between ~ 2:00 a.m. and 8:00 1.10 a.m. on the days of Monday through Saturday, nor between ~ 1.11 2:00 a.m. and 12:00 noon on Sunday, provided that an 1.12 establishment located on land owned by the metropolitan sports I 1.13 commission, or the sports arena for which one or more licenses 1.14 have been issued under section 340A.404, subdivision 2, 1.15 paragraph (c) , may sell 3.2 percent malt liquor between 10:00 1.16 a.m. and 12:00 noon on a Sunday on which a sports or other event 1.17 is scheduled to begin at that location on or before 1:00 p.m. of 1.18 that day. 1.19 Sec. 2. Minnesota Statutes 2002, section 340A.504, 1.20 subdivision 2, is amended to read: 1.21 Subd. 2. [INTOXICATING LIQUOR; ON-SALE. ] No sale of 1.22 intoxicating liquor for consumption on the licensed premises may 1.23 be made: 1.24 (1) between ~ 2:00 a.m. and 8:00 a.m. on the days of 1.25 Monday through Saturday; 2.1 (2) after ~ 2:00 a.m. on Sundays, except as provided by 2.2 subdivision 3. 2.3 Sec. 3. Minnesota Statutes 2002, section 340A.504, 2.4 subdivision 3, is amended to read: 2.5 Subd. 3. [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE. ] (a) 2.6 A restaurant, club, bowling center, or hotel with a seating 2.7 capacity for at least 30 persons and which holds an on-sale 2.8 intoxicating liquor license may sell intoxicating liquor for 2.9 consumption on the premises in conjunction with the sale of food 2.10 between the hours of 12:00 noon on Sundays and ~ 2:00 a.m. on 2.11 Mondays. 2.12 (b) The governing body of a municipality may after one 2.13 public hearing by ordinance permit a restaurant, hotel, bowling 2.14 center, or club to sell alcoholic beverages for consumption on 2.15 the premises in conjunction with the sale of food between the 2.16 hours of 10:00 a.m. on Sundays and ~ 2:00 a.m. on Mondays, 2.17 provided that the licensee is in conformance with the Minnesota 2.18 Clean Air Act. 2.19 (c) An establishment serving intoxicating liquor on Sundays .../ getbill. pi ?session=ls83&version=latest&number=HF 1493 &session _ number=O&session yea6/12/2003 H.F No. 1493, 1st Engrossment Page 2 of2 2.20 must obtain a Sunday license. The license must be issued by the 2.21 governing body of the municipality for a period of one year, and 2.22 the fee for the license may not exceed $200. 2.23 (d) A city may issue a Sunday intoxicating liquor license 2.24 only if authorized to do so by the voters of the city voting on 2.25 the question at a general or special election. A county may 2.26 issue a Sunday intoxicating liquor license in a town only if 2.27 authorized to do so by the voters of the town as provided in 2.28 paragraph (e). A county may issue a Sunday intoxicating liquor 2.29 license in unorganized territory only if authorized to do so by 2.30 the voters of the election precinct that contains the licensed 2.31 premises, voting on the question at a general or special 2.32 election. 2.33 (e) An election conducted in a town on the question of the 2.34 issuance by the county of Sunday sales licenses to 2.35 establishments located in the town must be held on the day of 2.36 the annual election of town officers. 3.1 (f) Voter approval is not required for licenses issued by 3.2 the metropolitan airports commission or common carrier licenses 3.3 issued by the commissioner. Common carriers serving 3.4 intoxicating liquor on Sunday must obtain a Sunday license from 3.5 the commissioner at an annual fee of $50, plus $20 for each 3.6 duplicate. -.......-... --- -......----.-- .../ getbill. pi ?session=ls83 &version=latest&number=HF 1493&session _ number=O&session ye 6/12/2003 , Requirements of 2 a.m. closing time law Prank Ball, director, Alcohol & Gambling Enforcement Division, Dept. of Public &ifety The 2003 Minnesota Legislative 2AM).This form replaces the old Session passed legislation to allow for PS 9011 form, the "On-Sale and! or the sale of alcoholic beverages on Sunday Certification Form" previ- liquor licensed premises until 2 a.m. on ously used by cities to inform the all clays of the week, effective July 1, commissioner of the issuance of their 2003. on-sale intoxicating liquor licenses. Licensees will need to apply for a The top part of the new form special 2 a.m.license from the Alcohol contains all of the licensee certifica- & Gambling Enforcement Division tion information, and the bottom (AGED) and pay a fee based on their section contains a separate section for previous 12 months of liquor receipts. the optional 2 a.m. license, signature Those with 3.2 percent malt beverage requirements by cities and counties, licenses, set up licenses, and licensees and licensee signatures. The entire that have not sold alcoholic beverages form must be filled out completely for the past 12 months prior to and signed by the local licensing application for the 2 a.m.license, will authority and the licensee in order to pay a flat $200 fee. The 2 a.m. special qualify for the 2 a.m. special license. license will run 12 months from the The check for the optional 2 a.m. date of approval by the Alcohol & special license should be made payable Gambling Enforcement Division. to the Alcohol and Gambling Enforce- Dept. of Public Safety. ment Division (AGED) in the amount In addition. the new 2 a.m. indicated on the fee schedule in the legislation provides that local licensing 2 a.m. section of the form. authorities, (cities and counties) must Licensees making application for inform (certify) to the commissioner the optional 2 a.m. special license (AGED) within 10 days of the issuance should verify with their local licensing of all 3.2 percent beer licenses. Cities officials that local ordinances allow for have been required, for many years, to the sale of alcoholic beverages until fulfill this certification requirement for 2 a.m. The completed 9011-2AM form, all on-sale and Sunday intoxicating along with the check for the 2 a.m. liquor licenses. Now, all 3,2 percent license, should be sent to:Alcohol and liquor licenses issued by cities or Gambling Enforcement, 444 Ceclar counties will also need to be certified Street, Suite 133, St. Paul, MN 55101. to the commissioner. This licensing The new certification of liquor authority certification is necessary license or application for optional whether or not .a licensee is applying 2 a.m. closing application form 9011- for the 2 a.m. special license. The 2AM can be accessed online at: commissioner provides the form upon www.dps.state.mn.us/alcgamb/ request for this certification as 2am%20closing%20memo.htm. described below. To request the form by mail or fax, The application for the "Optional or if you have any questions regarding 2 A.M. Special Closing License," the the optional 2 a.m. special liquor "Certification of an On-Sale Intoxi- license or the requirements for on-sale cating Liquor and Sunday License," certification or the new 3.2 percent and the "3.2% Malt Beverage License malt beverage license certification Certification" are all included on one process, please call the Alcohol and convenient form (Form No. 9011- Gambling Enforcement Division (AGED) at (651) 296-6979. ~ LMC Cities Bulletin Page 1 of 1 Vicki Volk From: HawkLaw1@aol.com Sent: Thursday, June 12, 2003 11 :36 AM To: Wolk@ci.andover.mn.us Subject: Liquor sales Vicki: I agree with your staff report to the council regarding the new 2AM closing law. Bill / 6/12/2003 ~NDbVE~ @ , / 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: John Erar, City Administrato~ Will Neumeister, Community evelopment Director~ FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Ordinance Amendment/Ordinance 8, Section 6,02 Minimum District Provisions - Planning DATE: June 17,2003 INTRODUCTION The Council asked the Planning Commission to review an ordinance amendment that would allow lot splits for lots that are close, but do not meet all of the requirements of Ordinance 8, Section 6.02 Minimum District Provision (without a variance) under certain circumstances. DISCUSSION This request was initiated from the lot split request at 1415 Andover Boulevard that / included proposed variances to lot depth for both lots. The Planning Commission recommended approval of the proposed lot split. However, the City Council denied the lot split citing a lack of hardship for the variances to lot depth. As a part of the discussion, the Council discussed establishing a method to approve similar lot splits provided the lot met two of the three size requirements and was within 90% of the third (lot width, depth and area). The proposed ordinance amendment will allow flexibility for infilllots in both urban and rural neighborhoods. As demonstrated with 1415 Andover Boulevard, infilllots may have development constraints that would otherwise prevent efficient use of the land. Applicable Ordinances Ordinance 8, Section 6.02 Minimum District Provisions Planning Commission Discussion The Planning Commission recommended approval of the proposed ordinance amendment with a 4-3 vote. For more information on the discussion please refer to the attached Planning Commission Minutes, A modification suggested by the Commission would require lot splits to meet all of the minimum district provisions (lot width, depth and area) if this is possible. This would prevent lots that could technically meet all of the requirements from utilizing this .:.. ordinance provision. It should be noted that this adjustment limits flexibility somewhat and may continue to result in odd shaped lots that are designed to meet the letter of the ordinance requirements (i,e. Holthis Lot Split). Similar Ordinance Provisions Although this type of provision is somewhat out of the ordinary, similar provisions exist in Ordinance 8 as well as ordinances of other communities. Most communities, including Andover, have a provision similar to the following: Ordinance 8, Section 4.04 Lot Provisions (A) A lot or parcel of land for which a deed or contract for deed has been recorded in the Office of the Anoka County Recorder upon, or prior to, the effective date of this Ordinance shall be deemed a buildable lot provided it has frontage on a public street right-of-way which has been accepted and is currently maintained by the City and said space requirements for the district in which it is located can be maintained or adjusted to conform as follows: a lot or parcel of land of record upon the effective date of this Ordinance which is in a Residential District and which does not meet the requirements of this Ordinance as to area, width, or other open space, may be utilized for single family detached purposes provided the measurements of such area, width and yard space are within sixty (60%) percent of the requirements of this Ordinance; but said lot or parcel shall not be more intensively developed. (8B, 9-21-76; 8F, 2-19-80) City Attorney's Opinion The City Attorney has indicated that the proposed ordinance amendment will not damage the minimum district provisions section of Ordinance 8 provided it is worded specifically enough to limit how it is applied. / Action Requested The Council is asked to approve the attached ordinance amendment to Ordinance 8, Section 6.02. Attachments Proposed Ordinance Amendment Planning Commission Minutes Cc: Wade Petersen 1415 Andover Boulevard NW John Moore, 16030 Makah Street NW -2- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE 8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS TO ALLOW LOT SPLITS ON PARCELS THAT DO NOT MEET ALL OF THE MINIMUM LOT SIZE PROVISIONS UNDER CERTAIN CIRCUMSTANCES THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: 6.02 Minimum District Provisions. (see Chart on following page). (8C, 10-17-78; 8F, 2-19-80; 8T, 4-05-83; 8U, 7-19-83; 8Z, 10-02-84; 8BB, 4-02- 85; 8LL, 11-18-86; 8NN, 12-16-86, 8PP, 5-05-87; 8YY, 11-03-87; 8RRR, 4-02-91; 8YYY, 9-15-92; 8ZZZ, 4-06-93; 80000, 5-07-96; 8TTTTTT, 10-15-02) (A) Lot splits shall be allowed with lot sizes that cannot conform to the minimum district provisions as follows: 1. This provision shall onlv applv to lot splits containing no more than two lots. Reduced lot standards shall not be considered for plats containing more than two lots. 2. Each lot within the proposed lot split shall meet at least two of the following / requirements for the applicable zoning district; lot width. lot depth. lot area. 3. Each lot within the proposed lot split shall provide at least ninetv percent of the requirement that cannot be met. Adopted by the City Council of the City of Andover on this _ day of ,2003. CITY OF ANDOVER Michael R. Gamache, Mayor ATTEST: Vicki Volk, City Clerk / -3- Regular Andover Planning and Zoning Commission Meeting Minutes - May 13, 2003 Page 5 ednarz stated he thought there needed to be more work done on this and more informa . from the other departments. Motion by Greenwal , onded by Gamache, to table this item until the May 2ih Planning Commission meetin have staff review this. Commissioner Greenwald stated he would 1 list of at least ten complaints and a cross-reference of Ordinance No, 8. He stated ifpo e, he would like to know what some of the neighboring cities have done with distances an ormation from some other departments. Motion carried on a 7-ayes, O-nays, O-absent vote. .. PUBLIC HEARING: ORDINANCE AMENDMENT (03-04) TO MODIFY ORDINANCE 8, SECTION 6.02 MINIMUM DISTRICT PROVISIONS. City Planner Bednarz explained that the City Council has asked the Planning Commission to review an ordinance amendment that would allow lot splits on for lots that are close, but do not meet all of the requirements of Ordinance 8, Section 6.02 Minimum District Provision (without a variance) under certain circumstance. J Mr. Bednarz stated this request was initiated from the lot split request at 1415 Andover Boulevard that included proposed variances to lot depth for both lots. The Planning Commission recommended approval of the proposed lot split. However, the City Council denied the lot split citing a lack of hardship for the variances to lot depth. As a part of the discussion, the Council discussed establishing a method to approve similar lot splits provided the lot met two ofthe three size requirements and was within 90% of the third (lot width, depth and area), Mr. Bednarz explained the City Attorney has indicated that the proposed ordinance amendment will not damage the minimum district provisions section of Ordinance 8 provided it is worded specifically enough to limit how it is applied. Mr, Bednarz stated if the City is going to go ahead with this process, do they want to set this up to be a firm ninety percent of the third requirement or do they want to allow some flexibility there because there will still be situations close to that. Commissioner Greenwald asked if the ninety-percent came specifically from the City Council. Mr. Bednarz stated it did. Commissioner Kirchoff asked why this would only be limited to urban areas. Mr. Bednarz stated this was a comment that was brought up over the past couple of weeks about one way this could be structured, He stated he is not in agreement with that and he thinks it should apply to both rural and urban lots. / -4-- Regular Andover Planning and Zoning Commission Meeting Minutes - May 13, 2003 Page 6 Commissioner Jasper asked how the new Ordinance corresponded to Section 4.04 that is discussed in the comments that say that if they meet sixty percent of the requirement. Mr. Bednarz stated he put that in there as an example of a similar provision where there is a percentage of a requirement that still allows use of a property. Commissioner Jasper asked if there was any concern about serial lot splits where the owner would split a small part of the land and then keeping splitting the land to make many small parcels. Mr. Bednarz stated typically a resident can only do one lot split every three years and if someone does apply for a lot split, it still requires a public hearing and the Planning Commission and City Council will have reviews also. Commissioner Gamache stated they are trying to build this on hardship cases. Mr. Daninger stated that this ordinance amendment would remove hardship from the equation. Motion by Greenwald, seconded by Gamache, to open the public hearing at 7:41 p,m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. John Moore, 16030 Macah Street N.W., stated his lot split was denied by the Planning Commission and then he went to the City Council and it took four meetings to decide to deny his request. Mr. Moore stated he has lived in Andover for five years and he has noticed a neighbor of his was granted a lot split that did not conform at all. He also had another neighbor whose lot split was held up and this neighbor had everything in conformance but he had to prove that he had buildable area on his two and a half acres. This was a five acre parcel also. Mr. Moore stated his thought on this would be the only way they should object a land split is by acreage. He feels that in order to not goof up the projections in the future that one of the requirements of the three should not be allowed to be touched at all. It should always be the acreage because the taxes are being determined on the acreage and the planning for future developments and usage is all figured by acreage but the rest of it is covered under the building code. He stated he cannot build a house on the property without proving he has buildable area. Mr. Moore stated they need to do something to give the City Council a little leeway so that so much time is not spent on the decision making. Motion by Greenwald, seconded by Vatne, to close the public hearing at 7:49 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Greenwald stated there were three things he thought of; there is not such a thing as a typical lot in Andover anymore. He stated the acreage is hard to divide and to -5- Regular Andover Planning and Zoning Commission Meeting Minutes - May 13, 2003 Page 7 do this only by acreage is tough, He stated they still need to make sure the land is buildable, and that they are following distances. He noted that if the City Council is comfortable with ninety percent and the split is ninety percent that would be good but if it is a foot and a half off then it will not work. He stated there are too many other issues that would come into play. Commissioner Jasper asked when they have width and depth requirements and they have a trapezoidal lot, which measurement is used to determine if it conforms. Mr. Bednarz stated for lot depth, it is front lot line to rear lot line and for lot area it is the area within the property lines and for lot width, it is not measured at the front property line, it is measured at the front setback. Commissioner Jasper asked for lot depth, if they do not have parallel lines on the lot, at what point is it measured. Mr. Bednarz stated they take an average of the two side lot lines and one measurement through the middle of the lot. Commissioner Greenwald stated they are a new growing community and as long as he has been on the Commission they have reviewed every item thoroughly and they do not always look at the past as the only point to move forward. Chairperson Daninger stated all other areas need to be exhausted. Commissioner Jasper was concerned that the provision could be abused and suggested that if a property could meet all of the requirements it should be required to do so. He suggest changing the wording in section 6.02(a) to read "Lot splits shall be allowed with lot sizes that 00 can not conform to the minimum district..." Chairperson Daninger agreed. Chairperson Daninger asked what the Commission thought about the ninety percent. Commissioner Jasper stated he would not want to make it more than ninety percent. Commissioner Gamache stated he was comfortable with the ninety percent in extreme cases and the one word change would work. Discussion ensued in regards to allowing ninety-percent for lot splits. Commissioner Vatne stated he came from a different direction on this. He stated as he went through the pros and cons, he thought the City Council had said specifically infill issues which prevent efficient use of land. That makes this a desirable change and he agrees but he thinks the cons outweigh it. He stated they are looking to change the language on the lot sizes to accommodate a few exceptions. These were exceptions back when the standards were in place and people knew that they were exceptions so they are looking to grandfather in to make more efficient use of the land. He stated they will be adding some complexity to the way the City standards are in existence today. He explained that the people who are already there in the neighborhoods who met the requirements, developed their lots, and are living there now see that somebody coming in is able to do something on a piece of property that was not in compliance before. He -b- Regular Andover Planning and Zoning Commission Meeting Minutes - May 13, 2003 Page 8 stated he has a great concern for the residents in the neighborhood and did not think the benefits outweighed the costs to make the changes, Commissioner Gamache stated in a lot of the neighborhoods, the residents have already split their lots except for a few. He stated the changing of the community makes availability for more residents with the rural look in two and a half acre lots. He stated he thought it was a good thing and they need to make some concessions to close some of this up, Commissioner Vatne stated a ten percent adjustment is not going to allow a lot in that were not going to get in, it is a small percentage and he does not think it merits a change in the language and lot proposal. Chairperson Daninger stated he would have to agree with Commissioner Vatne. Commissioner Kirchoff stated on item three, his only concern was the lot split should be applied throughout the entire City. Commissioner Jasper stated he agreed but it a lot split was only allowed every three years, he would not be concerned with it. Commissioner Kirchoff stated he would still like this to be Citywide instead of urban versus rural. Commissioner Jasper stated he agreed and thought it was more important than the rural area. Commissioner Kirchoff stated a pro to changing the Ordinance would be saving staff a J lot of time and Council time. Commissioner Greenwald stated he is still looking at a hardship for a lot split and this would be reducing the standard on it a little bit but if they left this the way it was, they could consider the hardship and allow a variance. Commissioner Gamache stated it would take away a couple of variance hearings a year. Commissioner Greenwald asked if this is worth doing it. Commissioner Gamache stated they would be saving money on staff time. Commissioner Jasper stated he understood this to be that the City Council takes these very literally. Commissioner Gamache stated the City Council is trying to make it easier for some of the residents to split their property and ifthey granted a hardship on it, it comes down to legal issues and a neighbor could legally fight it. Commissioner Greenwald stated changing this to ninety percent does not change the hardship issue. Commissioner Greenwald stated his concern is a two and a half acre lot is more buildable than a four acre lot. Commissioner Kirchoff stated this still had to meet two of the three requirements. Mr. Moore stated the reason he does not have the front lot width is because his property is on a curve but he could not convince the Council this was a hardship, To him this was a hardship because the road had to be puf in that way for a reason. -7- Regular Andover Planning and Zoning Commission Meeting Minutes - May 13, 2003 Page 9 Commissioner Greenwald stated he still thought there were going to have to be variances. Commissioner Gamache stated as the City grows, they are seeing a few variances a year and this may make their job a little easier. Commissioner Vatne stated he would anticipate those at eighty-five percent would still need a variance. Commissioner Gamache stated this would be residents who would still need a variance under the current Ordinance, Motion by Gamache, seconded by Jasper, to recommend to the City Council approval of Resolution No. _, approving the proposed Ordinance Amendment because it will allow flexibility for infilllots and striking the "do" in 6.02A and changing it to can. Motion carried on a 4-ayes, 3-nays (Vatne, Greenwald, Daninger), O-absent vote. Mr. Bednarz stated that this item would be before the Council at the June 3, 2003 City Council meeting. Mr. Bedn z mentioned that he passed out a copy of an article in the Anoka Union regarding th ommunity Development Block Grant process through Anoka County. He / stated Andover s fortunate enough to have a project funded for about $47,000 and this will be focused on tal rehabilitation and potentially utility improvements. Mr. Bednarz also mention that there would be an open house residential development meeting on May 22 from 5:0 .m. -7:00 p.m. in the Council Chambers. He stated it would be an informal open hous or property owners in the current stage of development to try to answer any questions they ve if they are considering developing their property. This is also an opportunity to look at t city's sewer staging plan. Mr. Bednarz stated the Community Center T Force has been meeting on Thursdays. June 10,2003 is the current date for the Council make a decision as to whether or not to move forward with that project. He stated at this int they are looking at the floor plan and the site and trying to arrive at something that 1 oing to give a fairly solid cost estimate and this will be brought back to the Council som . e before June 10,2003. Commissioner Jasper asked if they would have a firm agreemen then. Mr. Bednarz believed they would. Commissioner Vatne asked if the project was still moving forward with tn ockey Arena as part ofthe total facility, Mr. Bednarz stated that was correct and the une 10th date was agreed upon with the Hockey Association because they may make alte te plans after that date if it does not seem like this project will go ahead. -g> S'\NDbVE~ ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US TO: Mayor and Council members CC: John Erar, City Administratorfv FROM: Will Neumeister, Director of Community Development ~ SUBJECT: Communicate Metropolitan Council Approval-Rural Reserve Area & Remove Restrictions on Certain Properties - Planning DATE: June 17, 2003 INTRODUCTION The City has been informed by the Metropolitan Council staff that the 964 acres selected for the "Rural Reserve" have been approved by the full Metropolitan Council. The letter and staff report from the Metropolitan Council are attached for your review. It indicates that the City of Andover may place the plan amendment into effect. " f DISCUSSION Attached is a map that shows the areas that are now recommended to be removed from the "Rural Reserve" area. The lands that are to remain in the "Rural Reserve" will need zoning restrictions that would not allow them to be further subdivided or split until full city utilities are extended to those areas. Staff is requesting authorization to bring to the Planning Commission recommendations on the appropriate land use (subdivision) controls for the "Rural Reserve" area to prevent development without full City utilities. The Council is asked to adopt the attached resolution removing areas not selected to be placed in the "Rural Reserve" area to be removed from the restrictions that were placed on them by resolution #177-01. This will allow property owners to move forward with rural subdivisions if they would like. One area still needs to be resolved is the 88 acres north of 16151 Avenue that was left somewhat ambiguous as to exactly where the boundaries would be placed (shown on map as cross hatched area). Staff is studying the parcels that lie immediately north of 16151 A venue and information is being prepared by the City Engineering Department that will be brought forward to the Council meeting of July 1, 2003. Until the decision is made on exactly which parcels will be allowed to receive City utility services in the future (in this area) it is recommended that the forty acre tracts of land, located directly north of the 88 acre area, remain in the "Rural Reserve" area for the time being. , / ACTION REQUESTED Staff requests the Council: 1.) Approve of removing certain areas from "Rural Reserve" as shown on the attached map; 2.) Direct staff to prepare appropriate land use (subdivision) controls for the remaining "Rural Reserve" areas to prevent premature development without full city utilities and bring before the Planning Commission; 3.) Direct staff to bring forward information on which areas north of 161 st A venue may be able to receive sanitary sewer. Respectfully submitted, M(~/4/~- Will Neumeister Attachments . Resolution . Resolution #177-01 (from December 6, 2001) . Letter from Metropolitan Council (May 29, 2003) . Map of Area (showing areas proposed to be removed from the "Rural Reserve" at this time) / / -z.- , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R - A RESOLUTION REMOVING THE RURAL RESERVE DESIGNATION ON CERTAIN PROPERTIES IN THE CITY OF ANDOVER WHEREAS, the City Council has completed an 18 month study of sewer and land use issues for the "Rural Reserve" study and upon public hearing and public testimony made final recommendation on the properties that shall remain in the "Rural Reserve" area; WHEREAS, upon approval by the Metropolitan Council authority has been granted to put the plan amendment into effect that allows certain lands to be removed from the "Rural Reserve" area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby remove certain lands from the "Rural Reserve" designation. The parcels of land that will be allowed to be removed from the designation at this time are those shown on the attached "Exhibit A". Adopted by the City Council of the City of Andover this 17th day of June, 2003. I CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor / ~ -;> - 54\NDbVE~ .+ ExHIBIT "All LEGEND A D Are, '" b, ~"'d- !ea 2 _ To Be Removed ~~;::o 1,000 1,500 2.000 from "~uraI Reserve" . /From Rural Reserve Feet ' ~ Area bemg studied for sewer alternatives rn f= 11\ ~l C"', ~ n ~ := I /[J - ~ ,r ~ _~~'-"L I - ~~ - --, ! - m- ~ V~..' I~ /Xf, /. V / ~. . ~ ) ---L.... ./ I-- . .. f. -...: ~ ----",,,, ' '. '... ,,; -<)'" ~.. ' ." ..j 1- '>..'-. ~ .' ... .. 1,- ,,,,,- ,....,fj.. . . - f- I / '. "" i . ~~ ..."...... -=- I. .......,.,...,'...,..'; ." ... I/~ . '. ....,.'f., '. 1./ , ;1-- "'.' '. '\'i ... ,'; .. II ~ " I '. .." ..,1 l . . r l r- I .' I I I -, ~i ' z' ' o : - 'I I - -' . L / '////(///j~'/~/W//-~~/'/// - - I.J I~ ~~ ~~~ "/ <= V ~fiV0 ~~ I _ ~~///;@~ C-Lfi./ I W%'iX///~ ~ r--J7/ ~dJ[[[] ~~~ ~. ~ 1; '- ~triJ>Fj // iQJ" ~b7T -= W ! c= if \ T\ '" '- t;jl t~"';- .-J '- I ~ffiH:B~ - ImR ~ '11 II I~ -1- ~ Metropolitan Council Building communities that work May 29, 2003 RECEIVED MAY 30 2nrq Mr. Will Neumeister V\._v City of Andover CITY OF ANDOVER 1685 Crosstown Boulevard Andover, MN 55304 RE: City of Andover Comprehensive Plan Amendment - Rural Reserve Area Metropolitan Council Referral File No. 18158-13 Metropolitan Council District 9 (Natalie Haas Steffen, 763-753-4298) Dear Mr. Neumeister: Metropolitan Council reviewed the rural reserve area plan amendment that reserves 964 acres ofland located in the central area of the city. There are three non-contiguous areas that comprise the rural reserve area, The first area is 859 acres located between Round Lake Boulevard on the west, Verdin Street NW on the east, and south of 161" Avenue NW. The second site is an 88-acre site located between Hanson Boulevard to the west and Burlington Northern Rail Road to the east and north of 161" Avenue NW. The third site is 17 acres located at the northwest comer of 161" Avenue and Crosstown Boulevard, The Council determined the proposed amendment has no potential impacts upon any of the metropolitan system plans. The amendment is consistent with the Council's Regional Growth Strategy and compatible with the plans of adjacent communities, The City may place the amendment into effect immediately. I A copy of the staff report to the Council is attached for yourrecords. The amendment, explanatory materials supplied and the information submission form will be appended to the City's Plan in the Council's files, If you have any questions, please contact Christy Stark, principal reviewer at 651-602-1750. s~. . , 'L /'~. d'~ . /, Phylli anson, Manager Planning and Technical Assistance Attachment cc: Natalie Haas Steffen, Metropolitan Council District 9 Ann Braden, Sector Representative Christy Stark, Principal Reviewer Cheryl Olsen, Referrals Coordinator .." ".. .-.. .-.... V:\Revicws\Communitics\Andovcnti:.'i!Crs"'./'u1chn:cr 200.~ cp,:;: Rll'ral Rc:;,;ent..' i 8158-13 fin811i'i-:dnc -~- www.metrocouncil.org Metro Info Line 602-1888 230 East Fifth Street ' St. Paul. Minnesota 55101-1626 . (651) 602-1000 ' Fax 602-1550 ' TIY 291-0904 An Equal Opportunity Employer C Communit Develo ment Committee 2003-144 Meeting date: May 19, 2003 ADVISORY INFORMATION Date May 13, 2003 Subject City of Andover, Rural Reserve Area Comprehensive Plan Amendment Referral File No. 18158-13 Districts, Members Metropolitan Council District 9, Natalie Haas Steffen (763-753-4298) Prepared by Christy Stark, Principal Reviewer (651-602-1750) Phyllis Hanson, Manager Planning & Technical Assistance (651-602-1566) Caren Dewar, Deputy Regional Administrator (651-602-1306) DivisionlDepartment Policy Alignment and Development I Planning and Growth Management REQUEST SUMMARY The City of Andover submitted a comprehensive plan amendment (CPA) identifying a 964-acre rural reserve area located in three non-contiguous areas. The first area is 859 acres located between Round Lake Boulevard on the west, Verdin Street NW on the East, and south of 161st Avenue NW. The second site 88 acres is located between Hanson Boulevard to the west and Burlington Northern Rail Road to the east and north of 161st Avenue NW. The third site is 17 acres located at the northwest corner of 16151 Avenue and Crosstown Boulevard. At the December 12, 2001 Metropolitan Council meeting, the Council reviewed and commented on the Andover Comprehensive Plan Update, Included in the review report was the following recommendation: Submittal of a plan amendment within 18 months that designates at least 1,000 acres I in the area that is presently guided for rural residential to rural reserve, and that protects those acres by prohibiting subdivisions of more than one unit per 40 acres and lot splits under 20 acres so those acres are available for an additional urban development after 2020. The City of Andover has responded to the Council's recommendation by passing a resolution that commits the City to following the density requirements stated in the Council review record and by submitting a CPA for a rural reserve area. PROPOSED ACTJON OVERVIEW Conformity with The amendment conforms to the Regional System Policy Plans for - Regional Aviation, Recreation Open Space, Transportation and Wastewater Systems Services - with no substantial impact or departure. 1 -.6- The following are advisory comments: Transportation (Ann Braden 651-602-1705) The City needs to submit a revised transportation plan for review. Consistency with The amendment is consistent with the Council's Regional Growth Strategy, Council Policy forecasts, water resources management and housing policy, Compatibility The amendment will have no impact on adjacent communities. with Adjacent Community Plans ATTACHMENTS Figure 1 - Location Map Figure 2 - Rural Reverse Area Map Figure 3 - City of Andover Resolution 177-01 V:\Reviews\Communilies\Andover\Reports\Andover 2003 CPA Rural Reserve 18158-13 2 -7- ~ /~.. (I if'e90 . ~1 . . , ) I CITY OF ANDOVER COUNTY OF ANOKA . . STATE: .OF M.INNESOTA RESOLUTr'ON NO. 177-01 A RESOLUTION COMMITTING THE CITY OF ANDOVER TO CERTAIN LAND USE CONTROL ACTIONS TO BRING ITS 2020 COMPREHENSIVE PLAN INTO CONFORMANCE WITH METROPOLITAN SYSTEM PLANS WHEREAS, the City of Andover pursuant to Minnesota Statutes 473.864, Subd. 2 and 473.175 his submitted for review and adoption its 2020 Comprehensive Plan to the Metropolitan Council to ensure conformance with metropolitan system plans and Regional Growth Strategy policies; wHEREAS, the Metropolitan Council staff review record of the City's 2020 Comprehensive Plan identified land use elements that are deemed inconsistent. with Metropolitan Council Regional Growth Strategies policies for rural and urban reserve areas within the City of AndoVer and represents a substantial departure from the'regional Wastewater System plan; / "\VHEREAS, specific land use control issues identified in the review record dated October 10, 2001 would require the City of Andover to take additional measures and ac;tions to ensure conformance with metropolitan system plans and consistency with Regional Growth Strategy \ Plan through its 2020 Comprehensive Plan; and . WHEREAS, the City. of Andover has re"V1ewed the recommended land use and waste v..ater system recommendations identified.. by the Metropolitan Council staff and indicated their willingness to commit in concept and principle to take appropriate legiSlative actions to ensure municipal compliance with metropolitan system plans. NOW' 11ffiREFORE BE IT RESOLVED that the Andover City Council commits to .the following land use control actions to ensure conformance with metropolitan system plans and consis~cy with regional policies in the following manner: . 1. The City of Andover commits to restricting lot splits cif less than 20 acres within the 2020 urban reserve area and shall incorporate said restrictions within its 2020 Comprehensive Plan for designated and/or futur~designated urban reserve areas. : 2. The City of Andover shall con1mit to identifying and protecting through appropriate land use controls envirorirnentally sensitive resources, agricultural lands and buffer areas in the 'rural area in cooper~tion with metropolitan and state agencies; protection Of environmentally sensitive areas shall be limited t<? land use controls as approved by the governing body. . 3. TP.e 'City of Andover, in order to preserve and protect agricultural land uses, promote orderly growth i3Jld maintain important quality aflife factors, will: . -6'- . ~eia/~ ft.. . .. . - .~ . " ) . I , , / a. identify and designate within 18 months from the. date of its 2020 Comprehensive Plan adoption no less than 1,000 acres of rural reserve. area. During this 18 month review and .designation process, restrictions on lot splits of less than 1 per 20 acres and subdivision of less than 1 per 40 acres s~l apply to all land areas . referenced in Scenario'! and 2 (hereto attached) beyond the City's adopted 2020 metropolitan urban service area. . b: restrict the subdivision of agricultural preserve and non-agricultural rural property in the designated rural reserve area to no less than 1 per 40 acres until the City has an adopted 2040 Co;:nprehensive Plan; c. restrict lot splits of no less than 20 acres in the designated rural reserve area until the City has an adopted 2040 Comprehensive Plan . 4. The City of A.I+dover seeks to reserve its rights to future CAB sewer flows and agrees to perform necessary and timely sewer. stud.les at the Metropolitari Council's request in determining ultimate CAB sewer. flow design capacity requirements when planning for City 2040 development needs. BE IT FURTHER RESOLVED that the Metropolitan Council willlli exchange for these additional municipal land use control commitments be willing to recommend adoption of the City's 2020 Comprehensive Plan fu'1d .a:llow the City to put its plan into effect, conditional on the herein described land use actions being incorporated into the final, adopted 2020 Comprehensive Plan. - /BE IT FURTHER RESOLVED that upon adoption of this resolution and correspondiJ:+g adoption of the City's 2020 Comprehensive Plan by the Metropolitan Council, City staff is authorized to incorporate appropriate langUage in its 2020 Comprehensive' Plan to ensure internal consistency with the actions prescribed by this resolution. . Adopted by the City Council ofth~ City of Andovertbis 6th day of.December.2001. A TrEST:' CITY OF ANDOVER U,;".;t!~ '~~d~ City Clerk MaYor' . I . . -7-. C I T Y o F cA~ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: John Erar, City Administrat~ . L Will Neumeister, Communi Development Director lfA FROM: D. Tyler Mckay, Associate Planner ~r1., SUBJECT: Approve New Equestrian Council--Planning DATE: June 17,2003 INTRODUCTION According to Ordinance No. 207, the Equestrian Council is made up of seven (7) members whom are residents of the City. A number of the Equestrian Council members have finished their terms, therefore the current Equestrian Council Chaiperson, Carol Almeida needs. to fill these vacancies. The minutes from this meeting, as well as the details for the new Equestrian Council members are attached. STAFF RECOMMENDATION Given the qualifications and the thorough review of the applicants by the Equestrian Council, staff recommends Council appoint the new Equestrian Council by adopting the attached resolution. Attachments Resolution Minutes Letters Re'P~~ D. Tyler Mckay / CITY OF ANDOVER / COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R A RESOLUTION APPOINTING THE NEW EQUESTRIAN COUNCIL. WHEREAS, Ordinance No. 207 requires an equestrian council made up of seven residents be established; and WHEREAS, seven residents have indicated their willingness to serve on the equestrian council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby appoints the following residents to the Equestrian Council for the terms listed. Carol Almeida Term expires 5/06/05 Duane Dahlstrom Term expires 5/06/05 Gerri Kuechle Term expires 5/06/05 Meghan Lidberg Term expires 5/06/05 James H. Olson Term expires 5/06/05 Connie Erickson Term expires 5/06/04 Janie Hemmelgarn Term expires 5/06/04 Adopted by the City Council of the City of Andover on this _day of ,2003. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk I -z- May 07 , 2003 / Mr D. Tyler McKay Associate Planner City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Re : Equestrian Council Dear Tyler Attached find the following information regarding the last meeting that was held by our group on May 06 , 2003 . Minutes from meeting, list of current Equestrian council members effective 05/06/2003 and applications from Meghan Lidberg and Renee Hogendorfthat were selected as new members at the May 06 ,2003 meeting. If you have any questions please feel free to give me a call . Re!.fectfully , ~ j ~ ~d4-/ Carol Almeida Chairperson ...,.... - \.Q.l"I....... \~\ \ ?~~ OoJlWL\.I\.Q~ ~ +0 ~~ ~ ~ "-fP/l'~ "-t ~ P2~'-~ ~ . ~~ Yf~ !I)~~~ L--- ~ I &~ -,3- - EQUESTRIAN COUNCIL 2003 CHAIRPERSON Carol Almeida 249 Constance Blvd. NW Andover, MN 55304 434-5303 Term expires 05/06/05 PUBLICITY DIRECTOR Renee Hogendorf 2875 161st. Ave, NW Andover, MN 55304 612 - 621 - 3383 MEMBERS / Duane Dahlstrom James H. Olson 14755 Sycamore St. NW 16658 Wren Court NW Andover, MN 55304 Andover, MN 55304 434 - 4780 753 - 5215 Term expires 05/06/05 Term expires 05/06/05 Gerri KuecWe Connie Erickson 14719 Linnet St. NW 512 Constance Blvd, NW Andover, MN 55304 Andover, MN 55304 755 - 6138 434 - 1890 Term expires 05/06/04 Term expires 05/06/04 Meghan Lidberg Janie Hemmelgarn 545 Constance Blvd, NW 1054161" Ave. NW Andover, MN 55304 Andover, MN 55304 434 - 2520 434 - 8937 Term expires 05/06/05 Term expires 05/06/04 / Revised 05/06/03 equecoun -1-- ANDOVER EQUESTRIAN COUNCIL MEETING May 06 , 2003 A meeting of the Andover Equestrian council was called to order by Chairperson Almeida on May 06 , 2003 ,6:30 PM at Andover City Hall, 1685 Crosstown Boulevard NW , Andover, Minnesota . Members Present: Almeida, Dahlstrom, Olson and Hemmelgarn . The council reviewed five applications to fill the existing vacancy that was caused by Sharon Orstad relocating out of state . It was agreed by all members to appoint Meghan Lidberg to fill this opening as a two year term . The council also decided that a new Publicity Directors position that will include full voting rights will be established and filled by Renee Hogendorf , It was felt by the members that Renee has excellent skills that could be used to get information out to the public about horse issues by way of the community newsletter , seminars, etc . It was decided to use the Andover news letter to request certain information from Andover residents that have horses on their property to be returned to the Equestrian Council. This information would be compiled to be used as a tool for the Equestrian Council to keep horse owners in the community informed of issues that could be important and informational to them concerning their horses . j Chairperson Almeida requested members to review Section 10 , Item 3 of Ordinance no . 207 for possible changes that could be made to the wording of this item that would clarify the legitimacy of riding horses on boulevards within the city . Application for Equine Permit from Lou Sisson who's residence is located at 835 - 146 tho Lane NW was reviewed by the members and recommended to be forwarded for approval as submitted The next meeting will be held at Andover City Hall on wednesday May 28 , 2003 beginning at 6:30 PM . The meeting was adjourned at 7:45 PM . Duane Dahlstrom Recording Secretary .I -,~- Dear Members of the Andover Horse Council, I submit this letter with the hope of becoming a member or your organization. While only living in Andover for five years, I can boast a lifelong association with horses. I consider keeping and riding horses one of my lifelong passions and would appreciate the chance to represent Andover's horse lovers in the community. To protect our privileges as horse owners within this community, I believe we need to state our mission clearly and confidently to the community and then turn our focus outward. We need to establish a relationship of mutual respect between horse owners and non - horsemen. We need to demonstrate that we are a group of people that care for and embrace Andover as a whole. I anticipate a great deal of volunteer effort on everyone's part. I believe the road to success can be fun and the end product will be a tribute to our sport. ThqDUOU for YOt ~,eration, / y >~~~'^ - ~ Meghan\ idberg .~ \ 545 Constance Blvd. NW Andover, MN 55304 -6- , APPLICATION TO HORSE COUNCIL Renee M. Hogendorf 2875 161st Ave NW Andover, Mn. 55304 (612)621-3383 equinedefrned.@msn.com www.equine defined. com Experience: Over 25 years as a horse owner, and resident of Andover since 1988. Owner of Equine Defined: providing a variety of massage therapy, body work, aromatherapy, emotional rehab, riding instruction and training since 1988. Renee is a graduate of the Minneapolis School of Massage, and Equissage. She is also certified in myofascia1 release and Reiki. Renee has also worked extensively with Linda Tellington Jones and Diana Thompson of the Whole Horse Journal. EQ has been fcaturcd on se;vcral TV nctwork programs, radio talk shows, ncwspaptcrs, and national magazincs. Rcnce is also a featured writer for The Friesan Blood Horse Magazine. -.-.. Her previous background includes over 16 years as a sales consultant for national companies. .- , I feel I have appropriate experience to aid in designing policies and new programs to assist horse owners and horses residing in Andover. Thank you for your consideration Renee M. Hogendorf C.M.T., C.E.M.T. .. .'7- -J>'- @) , 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: John Erar, City Administrator SUBJECT: Community Center Project - Committee Structures DATE: June 17,2003 INTRODUCTION At the June 4, 2003 Special Council Meeting, Council Member Jacobson requested that this issue be brought before the Council for further discussion. In discussions with Council member Jacobson, it is my understanding that he is interested in bringing this issue back to the Council relative to whether the existing process can be streamlined and/or enhanced to improve the efficiency of the project process. DISCUSSION As a brief reminder, currently two groups exist to support the design, development and management of the Community Center project, / Facility Building Team The first group known as the "Facility Building Team" is specifically related to managing the technical elements of the project, which includes budget, code compliance, scheduling, coordinating myriad issues with the ThfCA, architect and construction manager, representing the City's interests and resolving day-to-day project management issues to facilitate the advancement of the project. This group is comprised of key City staff representing City departments, ThfCA staff, the project architect and construction manager. The Council designated Council member Jacobson as an informal observer of the group and directed that these technical meetings be open to the public. My office has served as the chair of the group and I have acted to facilitate meeting discussions, identified items for further staff! consultant research, provided City leadership to the group and identified items that needed to be advanced to the Stakeholder Design Committee and/or City Council. Based on unsolicited comments from members of this group, the dynamics of this work process has been positive and productive, and worked well to advance the interests of key technical concerns affecting the project. Stakeholder Design Committee The second group known as the "Stakeholder Design Committee" was appointed by the Council and consists of 10 voting members, which includes: 2 Council members, 2 ThfCA members, 1 Parks Commissioner, 1 Resident -at-large, the Construction Manager, the Architect, 1 AHYHA Representative and the City administrator, This group serves as a sounding board on all significant design issues and project matters and is open to the public. On debatable issues, the group may vote I I on items, with the exception that items, which may increase the budget or have a significant effect on the advancement of the project, are referred to the full City Council. The architect serves as the committee chair. Communications from both groups are e-mailed to the Council on a weekly basis by the architect and construction manager. In addition, throughout the process, City staff may meet with the architect, construction manager or YMCA to discuss a wide range of project-related issues and/or have telephone conversations with various parties to address questions raised by the construction manager, the architect or the YMCA staff for future meetings. The product of these daily discussions are typically referred to one or both groups, but are generally routine work-in-progress issues that are common with any City project. At the June 4, 2003 Special Council meeting, it was indicated by two Council members that communications need to be improved. While I believe that every effort possible has been taken to keep Council members informed, Council may wish to consider whether a permanent member of the Council should be appointed to the technical group to serve as a formal liaison. In consultation with the Construction Manager, Architect and YMCA, my office would respectfully recommend the appointment of Council Member Don Jacobson to this group to serve as the formal liaison between this group and the Council. CM Jacobson has regularly attended the meetings of this group since its origination and has indicated interest in continuing to serve in this capacity. Secondly, given past and present tensions, and a strong desire to avoid any further distractions, Council may wish to consider appointing Craig Kronholm, Construction Manager to chair the technical group. While I believe it is important that this office continue to oversee, coordinate and manage the many facets of this project, I am offering Council the opportunity to determine whether this change in chairing the technical group should be made, In any event, I would happily continue / in my current role if the Council majority so desires, however, I would defer to the Council to either affinn the current structure or make the change in the group chair. With respect to the Stakeholder Design Committee, Council may wish to consider whether this group should be expanded by one voting member with the appointment of the new Capital Campaign Chair Tony Howard. Mr. Howard has assumed a leadership role in the capital campaign effort and it would seem appropriate to appoint him to this group. I would envision that this committee would continue to meet throughout the project construction period. No other changes to this committee are recommended. ACTION REQUIRED For Council review and action. Cc: Craig Kronholm, Construction Manager Ted Rozeboom, Architect Tom LaSalle, YMCA Project Consultant / C I T Y o F (}.V NDOVE , , 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 / FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: John Erar, City Administrator SUBJECT: Conceal and Carry Legislation- Employee Work Areas DATE: June 17,2003 INTRODUCTION City administration has reviewed the workplace implications of new "conceal and carry" state legislation as it pertains to employee safety considerations. In consultation with City departments and the City Attorney's office, staff is proposing to advance two (2) workplace safety issues associated with this new legislation. DISCUSSION The management team has discussed issues relating to the following two issues: . 1) Should City customers be allowed to carry concealed weapons into the interior workplace areas that include conference rooms A and B and interior staff office spaces off the main City Hall hallway, including the employee lunchroom? Customers with concealed weapons would be allowed to enter the public reception areas of City Hall including Council Chambers as state law does not allow the City to restrict these public areas of City Hall. a. In response to question #1, the management team considered the implications associated with allowing non-City employees with concealed weapons to enter into the interior non-public office and conference room areas of City Hall. b. As a group, the management team expressed opposition to allowing concealed weapons into the non-public areas of City Hall and supported a policy prohibiting City customers from entering into non-public areas of City Hall and other City facilities with a concealed weapon. 2) Should City employees be allowed to carry concealed weapons while performing their job responsibilities? This would include all work-related activities with the exception of those employees for reasons specifically associated with the prescribed nature of their work responsibilities. Employees would be allowed to have weapons in their personal vehicles in City-owned parking facilities. a. In response to question #2, the management team considered the implications associated with allowing City employees to carry concealed weapons while performing normal job responsibilities, operating City equipment, driving City vehicles, working in any City-owned facilities, working at private residences or at private business locations on behalf of the City. Exceptions could be granted by / the City administrator, upon recommendation by the department director and Human Resources Manager for employees who have a bona fide work-related reason for carrying a concealed firearm. This prohibition would not apply to duly licensed peace officers. b. As a group, the management team expressed support of a workplace policy that would prohibit City employees from carrying concealed weapons into the workplace and while they are performing City authorized work responsibilities or using City owned vehicles or equipment. Exceptions could be granted by the City administrator upon evidence of a bona fide work-related reason. Attached is some additional information on this subject for Council review. ACTION REQUIRED Council acknowledgement of these two organizational policies is requested. / :[?eSRaifd --- kagulI of Minnesota Cit;(I. Phone: (651) 281-1200 (800) 925-1122 CilirlS promoting rl"cJlgncg Fax: (651) 281-1299 IDD (651) 281-1290 Web Site: http://www.lmnc.org/ Minnesota Citizens' Personal Protection Act of 2003 "Conceal-and-Carry Law" -- What It Means For Cities Introduction Gov. Tim Pawlenty recently signed into law a bill that reduces local authority over issuance of concealed handgun permits and is expected to significantly increase the number of permit- holders. The Minnesota Personal Protection Act, (Senate File 842, will be 2003 Minn. Sess. Law, Chap. 28), passed in the House on an 88-46 vote and in the Senate on a 37-30 vote, and was signed into law by Gov. Pawlenty on April 28. It removes all authority from police chiefs to issue conceal and carry permits, and mandates that sheriffs issue permits to all applicants except those convicted of serious crimes, The law also prohibits cities from prohibiting guns on city property, except in limited circumstances. More than 300 organizations, including city councils, statewide police associations, churches and health and education groups, opposed the legislation, arguing that the new law would put an estimated 90,000 additional concealed weapons onto the streets, Currently, fewer than 12,000 individuals have permits to carry concealed weapons. Proponents of the bill argued that sheriffs and police chiefs had too much discretionary authority, and that applicants should decide for themselves if they need to carry a concealed weapon. Three groups supported the legislation: the National Rifle Association, Concealed Carry Reform Now, and the Republican Party of Minnesota. An amendment offered in the House on behalf of the League of Minnesota Cities would have allowed public facilities, such as city halls, parks, and recreation centers, to prohibit concealed weapons on the premises. The amendment failed on a vote of 48-84. No similar amendment was attempted in the Senate, Conceal-and-carry law: What it means for cities League staff has prepared this memorandum to help cities understand some of the most significant implications of the new law, In addition, links to related information are provided at the end of the memo. The League will continue to supplement this memorandum as additional information is gathered about how the law is being interpreted by affected groups, Please let us know if there are additional questions you would like us to address. 145 University Avenue West. St. Paul, MN 55103-2044 . (651) 281-1200. (800) 925-1122 . www.lmnc.org 2 Can cities prohibit guns on city property? / No, with some limited exceptions. While the law allows private property owners, who follow a specific set of procedures, to request that guns not be brought into a "private establishment," the law does not generally afford cities the same ability. For example, a private business may prohibit the carrying of guns on its premises if the business "prominently" posts a "conspicuous" sign at each entrance to the establishment stating that the "(NAME OF OPERATOR) BANS GUNS IN THESE PREMISES." In addition, the business owner or their agent must personally inform "the person ofthe posted request, and demand compliance," Again, cities do not have a sirnilar ability to "post" their facilities, The situations in which cities may limit guns on city property appear to be limited to the following circumstances: . Employees. As an employer, cities "may establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment." The exception does not apply to parking areas, (This exception is further discussed below.) . Property used for "school purposes." It is a misdemeanor for an individual to carry a firearm on "school property." "School property" is defined as including "a public or private elementary, middle, or secondary school building and its improved grounds, whether leased or owned by the school; a child care center licensed under chapter 245A during the period children are present and participating in child care programs; . . , and that portion of a building or facility under the temporary, exclusive control of a public or private school, a school district, or an association of such entities where conspicuous signs are prominently posted at each entrance that give actual notice to persons of the school related use," Accordingly, if city property is being used for any of these defined school related purposes, guns are prohibited. . Private use of city property. A private party that leases space in city buildings or facilities may prohibit firearms in the leased spaced by following the posting and notice requirements described above. The city may also be able to condition the private use of city facilities on an agreement to ban guns. However, as a landlord, the city may not restrict the "lawful carry or possession of firearms by tenants or their guests." . Persons under the influence of alcohol. A person is prohibited from carrying a pistol in a public place while under influence of drugs or alcohol, or where the person's blood alcohol concentration is more than 0.04. This exception may have particular applicability to municipal liquor establishments. Consumption of one or two alcoholic beverages can often put a person's blood alcohol level above 0,04. So, although municipal liquor stores do not have the same ability to "post" their premises as private establishments, it might be permissible for a municipal liquor store (particularly on-sale facility) to adopt a policy requiring customers to disclose whether they are carrying a gun. 145 University Avenue West. St. Paul, MN 55103-2044. (651) 281-1200. (800) 925-1122. www.lmnc.org 3 As an alternative to attempting to ban guns on city property, the city may want to consider posting portions of city facilities as "authorized personnel only." This would make it a trespass violation for an individual to go into areas of city hall that are not normally accessible to the public. In addition, the city may be able to limit weapons on city property where the city has a reasonable basis to suspect an individual constitutes a health or safety risk. For instance if a person has made threats in the past, it may be legitimate for the city to prohibit the individual from possessing a gun on city property. Finally, cities may want to draw a distinction between access to city property and access to city services and personnel. For instance, it may be acceptable to condition participation in city recreation programs on an agreement to disarm. If a city wants to try to argue this distinction, it should consult with its attorney in order to develop a well-reasoned and legally defensible policy to support such an action, Can the city prohibit employees from bringing firearms to work with them? If so, can the city discipline employees for violations? Yes, the law specifically allows an employer, public or private, to "establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment." The law also allows the city to discipline employees for violations of the . policy. This means cities can establish a policy that prohibits employees from carrying or possessing firearms while: . Working on city property. . Working in any location on behalf of the city. . Driving on city business. . Riding as a passenger on city business, . Performing emergency or on-call work after hours on behalf of the city. . Attending training or conferences on behalf of the city. (A link to a sample policy on this issue is included at the end ofthis memo.) The law also states that an employer cannot prohibit the lawful carry or possession of firearms in a parking facility or parking area, For many ernployees, this means that they will leave any firearms in their cars during the workday if the city has a policy prohibiting possession while at work. This could raise issues of security for city parking facilities, However, it may be difficult to enforce a policy against possessing a firearm at work if the employee routinely uses his or her car for city business. In this case, the city may have to allow an employee to "check" a firearm during the workday and retrieve it after work. The police department is likely to be in the best position to deal with the duty of checking firearms. This duty will require locking the firearms in a secure location and implementing procedures to ensure that only appropriate city staff can retrieve them, If the police department cannot perform this function, it would be a good idea to give the employee checking the firearms some basic training on how to safely handle firearms. 145 University Avenue West. St. Paul, MN 55103-2044. (651) 281-1200. (800) 925-1122. www.Imnc.org , / 4 The city may also find it difficult to handle situations where an employee must respond to an emergency after-hours. In this case, since the employee would be on duty, the city can probably prohibit the employee from carrying a firearm in their private vehicle unless the vehicle is merely used to drive to a city parking lot, remains in the parking lot and is not used to respond to the call. Can the city restrict elected officials from carrying firearms while conducting city business? The law does not specifically address this issue. Therefore, it depends on whether elected officials would be considered "employees" of the city under this particular law. This determination could be different from city to city, depending on a number of factors, For example, some cities have specifically taken actions to designate their elected officials as "employees" in order to offer them certain types of benefits, such as workers' compensation coverage, group health and life insurance, and coverage in pension and retirement plans, These cities are more likely to be able to make an argument that the elected officials should be treated as employees under this law. On the other hand, many state and federal employment laws tend to exempt elected officials from coverage. For example, elected officials are not considered employees for purposes of the Fair Labor Standards Act, which governs minimum wage and overtime. They are also specifically exempt from the state law that defines public employees for purposes of collective bargaining rights, The best practice is for the city to examine how it has treated elected officials in the past on various types of issues and remain consistent with those practices. For example, if the city has designated elected officials as employees for purposes of workers' compensation coverage and other benefits, it should probably designate them as employees for purposes of this law as well. Can the city restrict volunteers from carrying firearms when performing duties on behalf of the city? Probably not, but a city is not required to use volunteers who carry handguns. A true "volunteer" probably cannot be restricted from carrying firearms on the basis of being an employee of the city. However, the city may be able to adopt a policy stating that it will not use volunteers unless they sign an agreement that they will not carry a firearm while acting on behalf of the city. In defining city volunteers, the city should take a particularly careful look at its volunteer firefighters, Many fire departments in the state compensate their volunteer firefighters in a rnanner that would probably be seen by the Department of Labor as making them ineligible for volunteer status under wage and hour laws. The city should attempt to be consistent in its definition of volunteer firefighters either as true volunteers or as "paid on call" city employees. If the city determines that its volunteer firefighters are actually employees, they can be included in the city's general policy prohibiting employees from carrying firearms while on duty. A similar argument could possibly be made with respect to positions such as ambulance attendants, 145 University Avenue West. St. Paul, MN 55103-2044. (651) 281-1200. (800) 925-1122. www.lmnc.org 5 first responders, police reserves, and emergency response volunteers, all of whom are categorized as employees under Minnesota's workers compensation laws. If they are true .I volunteers, the city may be able to require them to sign an agreement that they will not carry a firearm while acting on behalf of the city. Included with this information is a link to a Fact Sheet that describes factors to look at in determining whether an individual truly is a volunteer for purposes of the Fair Labor Standards Act. What additional enforcement obligations does the law impose on local law enforcement officials? Crimes under the law. The following is a list of some of the crimes under the new law: . It is a gross misdemeanor for a person to carry a pistol in a public place without a permit. . It is a petty misdemeanor for a person authorized to carry a gun to not have the "permit card" in immediate possession. The charge must be dismissed if the person later demonstrates in court or in the office of the arresting officer that the person was authorized to carry the pistol at the time ofthe alleged violation. A violation of this provision does not result in a forfeiture of the person's gun. . It is a petty misdemeanor for a permit holder to fail to notify the issuing sheriff of a change of address or a lost or destroyed card. A violation of this provision does not result in a forfeiture ofthe person's gun, . It is a misdemeanor for a person with a permit to carry or possess a firearm on school property. A violation of this provision does not result in a forfeiture of the person's gun. . The law continues to make it a felony for a person without a permit to carry or possess a firearm "while knowingly" on school property. . It is a petty misdemeanor to rernain at a "private establishment" that has banned weapons. The private establishment must properly post the establishment as banning guns, must have personally informed the individual that the establishment bans guns, and must have asked the individual to comply. A violation of this provision does not result in a forfeiture ofthe person's gun, The owner of a private establishment may not ban guns in a parking facility or parking area. . The law creates a new set of crimes known as "carrying while under the influence of alcohol or a controlled substance." The processes and procedures are very similar to those for driving while under the influence of alcohol or a controlled substance. The one notable difference is that it is a misdemeanor for a person to carry a pistol in a public place when the person's alcohol concentration is less than 0.10, but more than 0.04, A violation of the 0.04 limit does not result in a forfeiture of the person's gun, Contracts with County Sheriff to conduct permitting activities. The law removes permit issuance responsibility from local police chiefs and places it with the county sheriffs, A sheriff may contract with a police chiefto process permits, but "the sheriff remains the issuing authority and the police chief acts as the sheriffs agent." The obligations associated with taking 145 University Avenue West. St. Paul, l\fN 55103-2044. (651) 281-1200. (800) 925-1122. www.lmnc.org / 6 applications, conducting background checks, and issuing the permits are significant. Accordingly, the League recommends that cities carefully consider the risks and benefits before I entering into such contracts. We would also recommend that the contract make it clear that the county would cover the liability for police chiefs' action. There is potential liability if the chiefs do not follow procedures such as the mandatory background checks. Notice to police chiefs of permit applications. When an application for a permit is filed with the county sheriff, the sheriff is required to notify the chief of police of the municipality where the applicant resides, The chief of police is then authorized, but not required, to provide "any information relevant to the issuance ofthe permit." While the law does not impose an obligation to provide information, local law enforcement officials may want to adopt policies that articulate what sources of information they will review in responding to notification of a permit application from a county sheriff, Responsibilities of prosecutors. When a person is charged with an offense that would, upon conviction, prohibit the person from possessing a firearm, the prosecuting attorney is required to ascertain whether the person is a permit holder. If the person is a permit holder, the prosecutor is required to notify the issuing sheriff that the person has been charged with a prohibiting offense, The prosecutor must also notify the sheriff of the final disposition of the case, In addition to the felony charges that would trigger this reporting obligation for county attorneys, local prosecutors will also have this obligation for certain offenses such as Minn. Stat. Sec. 518B. 14, violations of orders for protection; Sec. 609,2242 subd. 3, domestic assault; and Sec. 609.749, subd. 8, harassment, and stalking. There could be potential liability to the city and its prosecutor if these responsibilities are not carried out. What authority do cities have to regulate handguns? / Not much. The law provides that "this section sets forth the complete and exclusive criteria and procedures for the issuance of permits to carry and establishes their nature and scope. No sheriff, police chief, governmental unit, government official, government employee, or other person or body acting under color oflaw or government authority may change, modify, or supplement these criteria or procedures, or limit the exercise of a permit to carry." In addition, Minn. Stat. Section 471.633 states that: "The legislature preempts all authority ofa home rule charter or statutory city including a city of the first class, county, town, municipal corporation, or other governmental subdivision, or any oftheir instrumentalities, to regulate firearms, ammunition, or their respective components to the complete exclusion of any order, ordinance or regulation by them except that: (a) a govemmental subdivision may regulate the discharge of firearms; and (b) a governmental subdivision may adopt regulations identical to state law. Local regulation inconsistent with this section is void." These two statutes severely limit a city's ability to regulate the carrying of handguns. The only possible exceptions appear to be the ability to adopt local regulations limiting the brandishing and discharge of weapons within the city and the possible ability to regulate establishments where handguns may be present. For instance, because the law makes it a crime to possess a 145 University Avenue West. St. Paul, MN 55103-2044. (651) 281-1200. (800) 925-1122. www.lmnc.org I 7 pistol while under the influence of alcohol, the city may be able to adopt an amendment to its liquor regulations, requiring all liquor license holders to ban handguns. How are permit-application data classified under the MN Government Data Practices Act? All permit-application data collected by state agencies, political subdivisions, or statewide systems are classified as private. (M,S. 13.87, subd, 2,) As a result, only the applicant and individuals within the state or local governmental entity whose work assignments reasonably require access will be able to access this data. (M.S, 13,02, subd. 12; M. Rule 1205.0400, subp. 2.) Will law enforcement agencies be able to verify whether permits are valid? Yes. The commissioner of public safety is required to maintain an automated database of persons authorized to carry pistols under this new law that is available 24 hours a day, seven days a week. (M.S, 624.714, subd. 15.) This database will only be available to law enforcement agencies, including prosecutors verifying the validity of permits, Will any permit data be available to the public? Yes. On an annual basis, beginning March 1,2004, the commissioner of public safety must report to the Legislature specific data regarding permits issued under the newlaw. (M.S. 624.714, subd. 20.) Sheriffs and police chiefs are specifically permitted to release private data to the department of public safety for this purpose. The report will be available to the public at its actual cost of duplication. The report will not contain any personally identifiable data. For example, although the report will contain the number of permits applied for, issued, suspended, revoked, and denied, it will only be categorized by the age, sex, and zip code of the applicant or permit holder. (See M,S. 624.714, subd. 20 for a complete list of information required in the report.) Does the new law increase municipal liability exposure in any way? Yes. There are a number of ways in which municipal liability exposure may be increased as a result of the new law: Immunity. The law includes an "immunity" section, but it likely does not protect the city from all possible claims or lawsuits that may be brought as a result ofthe law. The immunity states that" , , . a police chief, any ernployee ,.. of a police chief involved in the permit issuing process, is not liable for damages resulting or arising from acts with a firearm committed by a permit holder unless the person had actual knowledge at the time the permit was issued or the instruction was given that the applicant was prohibited by law from possessing a firearm." So there is protection from claims or lawsuits where the permit holder shoots someone and the injured party tries to sue the city for the information that it gave to the county to issue the permit. 145 University Avenue West. St. Paul, l\fN 55103-2044. (651) 281-1200. (800) 925-1122. www.lmnc.org 8 This immunity does not apply ifit can be shown that the city employee had actual knowledge that the applicant was prohibited by law from possessing a firearm. Therefore, if the police knew i that the applicant was dangerous or mentally ill and did not say anything to the sheriff after being notified, there may be potential liability. The immunity also does not specifically apply to cities. Cities would have to argue that they are immune through vicarious immunity because of the actions of their employees. Finally, the immunity does not apply to lawsuits not involving acts with a firearm such as a defamation lawsuit as discussed below. Defamation. Under the new law (Minn, Stat. Sec, 624.714 subd. 4 (b)), after notification by the sheriff ofa person's application for a permit, the local police chief may provide relevant information on the issuance of the permit. There is a potential for defamation claims by the applicant. Defamation is where you tell someone something in writing (libel) or orally (slander) that is proved to be false and resulted in damages to the person's reputation or in obtaining some benefit (such as a gun permit). In this situation, damages could also be argued to include physical injury if the person can show that if they had had a gun, they would not have been injured. Injuries to third parties. If a person or a city employee carrying a gun with a permit uses the gun to hurt someone on city premises, the city could be liable for those injuries. Under common law, the city could be liable if the city knew that the person or the employee was dangerous for other reasons. Carrying a gun legally with a permit would not give the city sufficient reason to act on the person's ability to be on the city premises. There must have been some other action / indicating danger, such as a threat or a fight. If the city had such knowledge, it had a duty to protect other users by kicking the dangerous person out of the building or premises at that time or for a period oftime. If the city didn't do this, there could be potential liability for negligent supervision of the premises. There also is the argument that the dangerous action was foreseeable because of the past acts ofthe person. LMC recommends that you have a procedure in place for expelling people or employees who may be a danger to other users of the city premises. The procedure should afford some level of due process. Training by city. Ifthe city provides training through a certified instructor to people who apply for permits and later use the firearm, is there liability for the city? The certified instructor individually would be immune from these types of claims and the city could argue vicarious immunity if the instructor was working in the course of his or her city employment. As stated before, the immunity doesn't apply if the instructor had actual knowledge that the person was not eligible for a permit at time of application. Chemical testing. Under Minn, Stat. 624.7143, there is a specific procedure established for chemical testing to determine if a person is carrying a firearm while under the influence of alcohol or drugs. Is there liability if city police do not follow this procedure? Potentially, if it resulted in wrongful revocation of a permit or wrongful conviction, 145 University Avenue West- 51. Paul, 1fN 55103-2044 - (651) 281-1200 - (800) 925-1122 - www.lmnc.org 9 Links to Related Information: J . LMC Sample Policy Prohibiting Firearms at Work (pdf document) . LMC Fact Sheet #3: Police and Fire Employees Fair Labor Standards Act (pdf document) i (5-8-03) 145 University "\venue West. St. Paul, MN 55103-2044 . (651) 281-1200 · (800) 925-1122 · www.lmnc.org } Conceal and Carry: What It Means for M.~ CfI1{!'; 7 2003 May 16, 2003 Minnesota's new Conceal and Carry Gun Law will become effective 0 aVf;~ there is much about the bill that remains unclear, following are s hel Minnesota employers and building owners/operators prepare for the effects of the new legislation. What Rights Do Building Owners/ Owners and operators of private Operators Have Concerning Guns On establishments (other than parking facilities) Their Property? who wish to prohibit firearms should strictly comply with the posting obligations outlined above, and should also decide how Owners of "private establishments" may prohibit best to personally inform all visitors of the an individual who is carrying a permitted firearm posted request and demand compliance. from bringing the firearm into the establishment An owner or operator of a private establishment by making a "reasonable request." A landlord may not restrict the lawful carrying or may not prohibit the lawful carryi ng or possession offirearms by tenants ortheir guests. possession of firearms in a parking facility or parking area. A "reasonable request" involves two things: a sign and a personal request. "T"he Sign: I Can An Employer Regulate . The building owner must post a sign at everv entrance to the establishment the Possession of Guns in the reading: "(IDENTITY OF OPERATOR) Workplace? BANS GUNS IN THESE PREMISES." The sign must be readily visible and Yes, employers may establish policies that , restrict the carrying or possession of firearms within four feet laterally of the entrance, by its employees while acting in the course with the bottom of the sign at a height and scope of employment, and "employment- of four to six feet above the floor. related civil sanctions" (discipline or The lettering must be in black Arial termination) may be invoked for violation of . the policy. However, an employer may not typeface at least 1-1/2 inches in height prohibit the lawful carrying or possession of against a bright contrasting background firearms in a parking facility or parking area. that is at least 187 square inches in area. The Request: Employers who wish prohibit their to . "The requestor or its agent [must] employees from carrying firearms while at personally inform the person of the work should add a written policy to their posted request and demand compliance." handbooks and distribute the policy to each An individual who refuses to comply employee either in written or electronic form. may be ordered to leave the premises. / The complexity of this new law will affect Minnesota businesses in many ways. If you have any questions or would like to discuss the bill in further detail, please contact Peter Coyle at 952-896-3214, pcoyle@lhdl.com or Dayle Nolan at 952-896-3275, dnolan@lhdl.com. CITY OF ANOKA POLICY PROHIBITING FIREARMS AT WORK The City of Anoka hereby establishes a policy prohibiting all employees, except sworn employees of the Police Department, from carrying or possessing firearms while acting in the course and scope of employment for the city, while on City property or while working in any location on behalf of the City. The possession or carrying of a firearm by employees other than authorized police personnel is prohibited while working on city property or while working in any location on behalf of the city, This includes but is not limited to: . Driving on city business; . Riding as a passenger in a car or any type of mass transit on city business; . Working at city hall or any other city-owned work site; . Working off-site on behalf of the city; . Performing emergency or on-call work at any time; . Working at private residences and at businesses on behalf of the city; . Attending training or conferences on behalf of the city; City employees in possession of a firearm' permit issued pursuant to State Law may carry and possess firearms in City owned parking areas excluding city owned vehicles or machinery. When responding to paid, on-call work (this' includes fire fighters), an employee is prohibited from bringing a firearm in their private vehicle unless the vehicle remains in a parking lot and is not needed in order to respond to the call. The City reserves the right to search and inspect employees or employee's property located on City premises, while employees operating City machinery, equipment or vehicles for work-related purposes, or employees engaged in City business off premises. The City encourages employees who are aware of policy violations, or who receive threats of violence while on City premises, while operating City machinery, equipment or vehicles for work-related purposes, or while engaged in City business off premises, to promptly report the violations or threats to his or her supervisor or to Human Resources, Violations of this policy are subject to disciplinary action in accordance with the City's disciplinary procedures policy, .JJp to and including termination of employment. . .... ., , No employee acting in good faith, who reports real or threatened violent / behavior, will be subject to retaliation or harassment based upon their report. LAW OFFICES OF William G. Hawkins and Associates 2140 FOURTH AVENUE NORTH Legal Assistants ANOKA, MINNESOTA 55303 WILLIAM G, HAWKINS T AMMI J. UVEGES PHONE (763) 427-8877 BARRY A. SULLIVAN HOLLY G. PROVO FAX (763) 421-4213 E-MAIL HawkLawl@aol,com June 5, 2003 Ms. Dana Peitso City o"f Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Weapons Policy Dear Dana: Thank you for your e-mail containing Section 40.1 Workplace Violence Prevention from the City of Andover Employee Guide. I have a couple of comments. / With respect to guns, the policy currently states: "Firearms, weapons, and other dangerous hazardous devices or substances are prohibited from the facilities of the city without proper authorization." I have a couple of concerns here. First, the policy seems to imply that firearms are permitted on municipal facilities with proper authorization. An employee who has obtained a permit to carry under the recent legislation might rightly consider to have obtained proper authorization within the meaning of this policy. Minnesota law is clear, notwithstanding the recent permit to carry legislation, that municipal employees may not possess firearms while on duty. This does not include licensed peace officers. Minn. Stat. ~ 626.84, Subd. 2 (2002) in part provides: ".. .no individual employee or acting as an agent of any political subdivision shall be authorized to carry a firearm when on duty.... " In other words, there is no proper authorization that we can give to employees to carry firearms while on duty. Ms. Dana Peitso June 5, 2003 Page 2 Second, current policy prohibits firearms Hfrom the facilities of the city." Of course, there are many instances when City employees are performing their duties and working at locations other than municipal facilities. This is not prohibited by the current policy. 1 suggest that the policy be amended to make it clear to employees, other than licensed peace officers, that they may not possess firearms at any time or any place while on duty. Further, it should be clear that this prohibition exists regardless of whether or not the employee has obtained a permit to carry under the recent legislation. The permit to carry legislation does authorize citizens to carry handguns, concealed or otherwise with a permit at virtually any public place. One specific exclusion, however, applies to employment policies adopted by public employers. Minn. Stat. ~ 624.714, Subd. 18, provides: "Subd. 18.(a) An employer, whether public or private, may establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment. Employment related civil sanctions may be invoked for a violation." .... (c) Notwithstanding paragraphs (a) and (b), an employer...may not prohibit the lawful carry or possession of firearms in a parking facility or a parking area." Consequently, under the permit to carry legislation, the City is authorized to adopt personnel policies restricting handguns that are applicable anywhere except parking lots and parking facilities. Enclosed herewith is a copy of the firearm employee policy adopted by the City of Anoka which you may wish to consider as a reference. / Ms. Dana Peitso June 5, 2003 Page 3 Thank you for your attention to this matter. If you have any questions or comments or wish to discuss this matter further, please feel free to call. I Conceal and' car~v ,may spur a lot of applications Firearms are banned in fourbuildings as lawgoes into effect coun.f:y.. by P~t~r.Bodley fir~arms in four county Wednesday. Service Center in. Correctional Campus. .' M.n.~ing.editor ',buildings,' No firearms are Blaine, tJ;1e. Anoka At the same time, In the past ,two take in response to the A ka C I The action this allowed in the Anoka County. Lmo Lakes the county board has weeks. counly board new law .according I no oun y , . C . 1 C . Boa d f week came, as the County Government orrectiolja ampus, .asked staff to review membei"S and staff to County Board Co~missioners h~s state's new co~cealed Cent~r/Courthouse and the ~oka County other county buildings have been meeting to Conceal/ banned the presence of carry gu.n legISlation ,Complex, the Anoka Rum. .River Human and properties forsig- determine the best 17A went . mto effect County Human Service Center nage on' firearms. course of action to page _~~~~~.......:.. ~".""''''--'''''''_''''L'''_';'' ..,' .-_'"~.,,__,,,'_',.o:L ..->-- _____u ~ -- .,..,.. ---- "."""'-"-'- ---,.,--~~-~- _' CO' n c. ea I.' applications, the sheriff's office is a retired law enforcement menting ,theJlewlaw"especially ..,... .- . has, setup a booth outside its . officer, handling the 'applica~r'-witI1"the-annuaI-criminaI'back" Continued from 1A office in the atrium on the sec- ,. tions, he.said, .gr?un~,. checks required, King . ond fl~or ~f the govemm:~t "But If we get 500 applIca- said. :'." . Chamnan Dan Erhart. . center, he said. ' tions in the first three days that.,,: The Iavi', piohibits the carry- , "County buildings wilL be " "We are planning to see a lot will not be enough and we wiIlYing of a pistgI on: , sakI!!aces to work, visit and do of' people'. seeking permits," . have to re-evaluate the staffing," "" ... Schobi'properiy busin~'~Erhart said. "We, King said. 'They have to have King said. "But, we will getit< " C"'II '" \, d '. . . have respon~d~the new law all the necessary paperwork _ done.'" '.<' .. 0 egesan. UrnVe~SI~leS in a not overly exciied-manner" with them.'" p' I'd ~ Ii If they have a policy restricting . , ..... . ermlts are va I . ~or . ve concealed weapons. In additIOn, the chief Judge ApplIcants must be at least years from the date' of Issuance.' , .' . , . "- of the 10th Judicial District, 21 years of age, complete the But, each year the sheriff's. ... Priv.ate establIshments ~f , which includes Anoka County, new application form, must not office must check the criminal the establishmenl posts .~~t It ! has issued an order prohibiting be prohibited from possessing a history of everyone to whom it bans guns and the pers~n IS per- the possession of frreanns in firearm because of a criminal has issued a pennit, according sonally told of the posting. ,--I court facilities in the district. conviction or be listed in the to King. ... Places of employment, ! Until the state adopted a con- criminal gang investigation sys- . _ And, if in that year, the per- public ~r private. if the empIoy- cealed and carry law, this" ses- te~,. and have had firearms mit holder has had a conviction e~ restricts the carry. or posses- sion, police chiefs and county trammg. for a crime that precludes them slOn of frreanns by ItS empIoy- sheriffs had broad discretion .to Fireanns training must be by from carrying a concealed gun, ees. grant or deny permits for occu- a certified' instructor and be. then the pennit will have to be The owner of a residence can pationaI needs or personal pro- completed within a year of retrieved and canceled, and the ban frreanns in their homes, but tection, applying for a pennit to carry. gun confiscated, King said. landlords cannot restrict the Under the new legislation, Under the new law, the sher- People with an existing per- lawful carry. of fireanns by'ten- I all gun pennit applicants have iff can also deny the pennit if mit can renew them at the issu- ants or therr guests on rental to go through the county sher- there is a substantial likelihood ing county sheriff's office no ~roperty. iff's office where the applicant that the applicant is a danger to sooner th~n 90 days prior to the 'A person carrying a gun lives. Local police chiefs no him or herself or others if they expiration of the pennit. must have the pennit card and a !onger have the ~uthority to are issued a pennit to carry. Currently, the sheriff's office ~river's license, state identifica- Issue or deny perrmts. The sheriff's office must has only 70 gun pennits on file, ~on card or o~er ll.overr,tme~t- Undersheriff Dave King, either issue or deny the pennit . King said. "We have been ~ssued .photo Identl.fication In who headed the sheriff's office 30 days after the application restrictive in the issuance of gun l~medlate posse~slOn at. all -team that has prepared for the date. pennits, so have area police times when, carrymg a plst~1 impact of the new law was "w. h t d th - chiefs" he said and must display the perrmt . I . ' . e ope o.? e screemng '. . .. card, arid identification card expecting a ot of applIcations and make a deCISIOn on a perrmt Under the state legislation when the legislation went into application in less than 30 days, the cost of pennit is detenninect whe~ lawfully asked to do so by effect Wednesday. but if we get a lot of applica- by the sheriff's office, but can- a polIce officer. i "We have had hundreds of tions we may need the full 30- not exceed $100. , calls," King said. day window," King said. The Anoka County Sheriff's Peter Bodley is at: :-. To deal with the anticipated Initially, the sheriff's office Office will charge the full $100, peter.bodley@ecm-mc.com influx of people seeking pennit wiII have one full-time empIoy- but even so does not expect to ee plus a part-time worker, who recover the full cost of impIe- \ , @ 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: John F. Erar, City Administrator SUBJECT: Prioritized 2003-04 Council Goals DATE: June 17,2003 INTRODUCTION At the April 23, 2003 Council workshop, the Council discussed a number of potential goals for completion in the 2003-04 time frame, Since that time, Council members have submitted their rankings to the goals discussed, The table below summarizes the responses received by this office. Rankings were provided both in qualitative terms and quantitatively as a numerical rankings in order of priority. Numerical ratings were segregated into three ranking categories 1-6 (High); 7-12 (Medium); and 13-18 (Low), For ratings with a majority vote of 3 or more, the majority vote prevailed and the ranking was assigned accordingly. For ratings with no clear majority, a rating of "medium" was assigned to the goaL I have attached a voting sheet with individual ratings from each council member, DISCUSSION The following represents a group summary of individual Council member responses to the following proposed goals. Goal 2003-04 COUNCIL GOALS GROUP # PRIORITY 1 Review and/or modify the City's 2020 Comprehensive Staging Plan HIGH to ensure appropriate and consistent residential and commercial development planning. 2 Develop a strategic analysis of long-term resource needs, service MEDIUM delivery requirements and facility space/equipment requirements affecting Police, Fire and General Government services. 3 Commit to a Budgetary Tax Rate increase no greater than the annual HIGH cost-of-living, 4 Conduct a Public Open House for the Water Treatment Plant LOW 5 Implement additional Community Policing initiatives for the Sheriffs MEDIUM Department focusing on visibility, greater interaction with businesses and residents, public tours of Sheriffs facilities and regularly televised cable TV programming on law enforcement issues affecting Andover 6 Identifv, negotiate use and publicize potential Park and Ride facilities HIGH Goal 2003-04 COUNCIL GOALS GROUP # PRIORITY within the communi / 7 Schedule Joint City Council meetings with City Commissions; School MEDIUM Board; neighboring Communities; Anoka County Representatives; and Legislative Delegation for purposes of discussing issues of community interest, building working relationships, and sharing information. 8 Schedule a special Council Workshop to discuss Anoka County LOW olicies related to off-site Coun road im rovement re uirements 9 Develop and commit to a Council Policy Goal of holding only one HIGH special Council Workshop per month to be scheduled on the 4th Tuesday of each month and concurrent scheduling of EDA Board meetin s with re ar Ci Council meetin s. 10 Explore and communicate efforts to recruit citizen volunteers from LOW local church or anizations within the communi 11 Develo a Business of the Month reco non ro MEDIUM 12 Develop a Business Appreciation Day activity to build working MEDIUM relationshi s with the local business communi 13 Explore the creation of a special TIF Redevelopment District for the MEDIUM Hu hes Industrial Park area 14 Explore efforts to create a "naming rights program" for the MEDIUM proposed Community Center project to enhance private fundraising ca abilities. 15 Consider new alternative for an at-grade, signalized crossing on HIGH , I Bunker Lake Boulevard and Prairie Road to facilitate a safe crossing oint for edestrians. 16 Reconsider the adoption of a Meth Ordinance to address. numerous LOW ublic safe and ublic health issues. 17 Consider modifications to Ordinance 214 to facilitate tree LOW preservation efforts and prevention of epidemic diseases affecting shade trees in the communi 18 Consider formal training opportunities for Council and Commissions LOW re rdin work lace trainin issues and meetin rotoco1s, ACTION REQUIRED The Council is requested to adopt the Council goals as presented and prioritized above. My office along with appropriate staff will begin the process of preparing additional information and scheduling workshops, , '" C) C) N - CD - CD Gl - 'ijj l~ :I: :E :I: ..J :E :I: :E ..J :I: ..J :E :E :E :E :I: ..J ..J ..J E 0 u l!) =It (90 ~ () :I: :I: :I: ..J :I: :I: ~ ~ :I: ..J ..J ~ ~ ~ ~ ..J ..J ..J ~e::: ~O W() :It cnW ~e::: ~ <cz () :I: ..J :I: ..J :I: :I: :I: ..J ~ ~ ~ ~ ..J ~ :I: ..J ..J ~ 00 (9f= ~::i '" '::> =It ~ "'co ~ / g<c () ~ ..J Z ~ ~ ..J ~ :I: :I: ..J ~ :I: :I: :I: :I: ..J :I: ..J NI- ::!(9 ()Z N Z- ::>1- =It ..J 00 ~ ^ ~ ()> () :I: :I: :I: ..J ~ ~ ~ ..J :I: ..J ~ ~ ..J ~ ~ ~ ..J Z ..-- =It ~ () :I: ~ ..J :I: ..J :I: ~ ..J :I: ~ :I: :I: :I: ~ :I: ~ :I: ~ ..J ~"--N"'Vl!)CD~romC)"--N"'Vl!)CD~ro ~"",,,,,,,,,,,""'T"""""'T"""T""" (9 @ 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: John Erar, City Administrator SUBJECT: Adopt 2004 Budget Development Policies DATE: June 17, 2003 INTRODUCTION Council reviewed these guidelines on May 27, 2003 and requested that additional time be allowed until the legislative session was completed. Staff has had an opportunity to review legislative impacts as it pertains to the 2004 Budget Development Policies and prepared a narrative analysis below on the impacts these issues will have on the 2004 Annual Operating Budget. DISCUSSION Please review the revised footnote to policy #1 as the legislature has reduced the City's ability to levy back the loss of state aid from what was originally reported from 80% to 60% thus. reducing the City's ability to recover state aid cuts made in 2004. In addition, the levy limit formula does not allow for any growth factors in levy limit calculations meaning the City will see no incremental increase in the levy attributable to the growth in our residential and commercial tax base.. The net effect suggests the City will see a continuing decline in City intergovernmental revenues and will begin the process of preparing the 2004 budget from a significant budgetary deficit position due to unusually restrictive levy limit requirements. With no inflationary increases in 2004 service expenditures, and the likelihood that regional economic factors combined with limited new lot inventories in the City will also result in a continuing decline in building permit revenue in 2004 attributable to new housing growth, In light of reduced financial resources available to the City, the 2004 Budget will most likely represent: 1) A continuing decline in General Fund service expenditures for status quo maintenance activities; greater reliance on user fees as may be proposed to meet mandated service levels. 2) Austere expenditures for new capital equipment and/or replacement within the general fund. Equipment and vehicle life cycles may need to be extended beyond normal replacement schedules with greater risks of breakdowns and/or costly repairs. 3) Limited ability to fund new staffing positions for essential City services to address expanding service population demands and resulting administrative requirements. Service response times may increase, maintenance schedule cycles may be extended beyond optimal service periods and customer service satisfaction levels may be affected. 4) Limited opportunities to address human resource demands for wage and benefit I adjustments and retention programs, along with declining funds for employee training and heavier workloads for existing staff to meet expanding service requirements. 5) Greater reliance on debt issuance for capital outlay as opposed to "pay as you go" opportunities for new equipment within the general fund, which will become extremely limited. Adopting capital outlay deferral strategies or authorizing new debt issuance as the only means available to acquire needed capital outlay. The legislature did allow for new capital debt issuance protocols to be computed outside levy limits. 6) In light of dismal economic projections for an upswing in either regional or national economic climates, and the effect this will have on the broader investment market, City non-tax revenue streams will remain relatively flat and will continue to decline as a percentage of the total general fund revenue stream, The following 2004 Budget Development Policies are presented for Council consideration, 1) A commitment to restrain any increase in the local tax capacity rate to a percentage level no greater than an annual cost-of-living factor of 3%. while providing for the cost-effective delivery of public services to a rapidly growing service population. 1 Any increase in the local tax capacity rate must meet statutorily defined levy limit formula requirements. 2) A fiscal goal that works toward establishing the General Fund balance for working capital at no less than 30% of planned 2004 General Fund expenditures. 3) A commitment to maintain the 2004 debt levy at no more than 25% of the total levy. 4) A comprehensive review of the condition of capital equipment to ensure that the most cost- effective replacement schedule is followed subject to budgetat;y limitations. 5) A team approach that encourages strategic planning to meet immediate and long-term operational, staffing, infrastructure and facility needs. 6) A management philosophy that actively supports the implementation of Council policies and goals within available City resources, and recognizes the need to be responsive to changing community conditions and concerns subject to City budget limitations. ACTION REQUIRED Council approval of the proposed Budget Development Policies as presented. These policies will establish the framework for developing the 2004 Annual Operating Budget, t The City's 2004 Budget process will begin with a net loss of over $590,000 in state aids, staff is proposing that a cost-of-living factor be utilized as opposed to the consumer price index, Even with a cost-of-Iiving factor applied, the change in state law will only allow the city to recover 60% of state aid lost in 2004. This would result in a net 2004 revenue base loss of 40% ($236,000), with no inflationary increase factored into City revenues. It should be noted that even with the Council's adoption of this specific guideline, levy limits would preclude the City from levying a cost-of-living percentage. , , Attached please find a research summary of legislative actions prepared by the League of MN Cities , and the North Metro Mayor's Association that will affect City budget preparation for 2004. 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Cities promoting QXCe!1IimCil Fax: (651) 281-1299 TDD (651) 281-1290 Web Site: http://www.lmnc,org/ A Comparison of the House, Senate & Governor's Tax Plans With the passage of the Senate's omnibus tax bill May 13, there are now three plans for cutting state aids, reforming the local government aid (LGA) program, and restricting city levy authority, The following discussion compares the three tax plans, Aid cuts Cuts to LGA and to the market value homestead credit (MVHC) reimbursement are included in all three plans for both 2003 and 2004. The 2003 cuts are similar in size and distribution among all three plans (see Table 1). The 2003 cut is based upon a fixed percentage of revenue base (levy + state aids). The 2004 cuts differ substantially. All three plans would, as part of their 2004 cut, begin phasing in a new LGA formula. Table 1. 2004 city aid cut comparison ($millions). . Governor House Senate 2003 LGA cut -$122 -$122 -$110 2003 MVHC cut -$20 -$20 -$18 2003 remaining aid $530 $530 $544 2004 LGA cut -$235 -$180 -$96 2004 MVHC cut -$39 -$20 -$18 2004 new aids - - +$29 2004 remaining aid $398 $472 $586 145 University Avenue West. St. Paul,!\[N 55103-2044. (651) 281-1200. (800) 925-1122. www.lmnc.org / 2 Table 2. Three plans' aid cuts by city cluster. View and download: a spreadsheet of city-by-city estimates of the aid cuts under each plan. 2003-2004 Governor's House Senate LGA+MVHC proposed proposed proposed (millions) reduction reduction reduction GMN High Income 26 -37.9% -29.9% -14.6% GMN Mod Growth 55 -24.6% -17.5% -13.6% GMN Maior Cities 118 -30.1% -20.5% -7.8% GMN Regional Ctrs 233 -20.3% -16.3% -7.5% GMN Sub-Reg Ctrs 41 -29.1% -21.5% -15.1% GMN Small 33 -17.2% -10.6% -10.8% GMN Stable 222 -18.2% -12.8% -10.5% GMN Urban Fringe 8 -46.4% -37.8% -14.3% Greater MN Total 736 -22.8% -16.7% -9.8% Minneapolis 252 -32.1% -29.0% -19.6% S1. Paul 161 -28.4% -23.7% -17.0% Metro Diversified 20 -69.6% -60.3% -50.0% Metro High Growth 37 -78.1% -70.2% -58.7% Metro High Income 2 -86.6% -86.7% -72.2% Metro Large 44 -82.2% -77.0% -63.4% Metro Old 61 -46.0% -37.0% -26.9% Metro Small 31 -40.2% -33.2% -27.8% Metro Total 609 -40.8% -35.9% -26.8% Total AIl Cities 1,345 -30.9% -25.4% -17.5% LGA reform Gov. Pawlenty has raised concern over the current LGA distribution, criticizing the existence of the grandfather provision and expressing his desire for a new formula. The commissioner of revenue has indicated the administration believes LGA should equalize cities' ability to provide average level services at reasonable property tax rates. The administration also wants a program that does not have grandfathered aid, but rather distributes the full appropriation through the formula. The commissioner of revenue has indicated the administration may consider transitional mechanisms to help cities adjust their budgets to the new distribution. The commissioner formally announced the administration proposal for new distribution formulas April 30. The House proposal, released the following day, mirrors the governor's proposal with a few modifications. The Senate proposal was released on Monday and also has many similarities to the governor's proposal. Table 3 outlines the three reform proposals. 145 University Avenue West. St. Paul, tIN 55103-2044. (651) 281-1200. (800) 925-1122. www.lmnc.org 3 Table 3. LGA reform proposals Governor House Senate Tax Committee Need factors for 1. Pre-1940 housing percentage cities under 2. Population decline in last 10 years 2,500 population 3. Commercial/industrial market value percentage (same as current 4. Population formula) Need factors in 1. Pre-1940 housing percentage all three plans 2. Automobile accidents per capita for cities over 3. City located outside 7 -county metro area 2,500 population 4. Adiusted net tax capacitv per capita (control variable) Need factor that 1. Percent of population decline in past 10 1. Population decline differs among years percentage from three plans for 2. Household size highest population cities over 2,500 since 1960 population 2. Population density 3. Rental unit percentage Ability-to-pay Adjusted net tax Adjusted net tax capacity Adjusted net tax capacity per measure capacity per capita per capita + taconite aids capita + taconite aids + half of proceeds from local sales taxes Grandfathered None All city-specific aid None, but creates a separate aid increases passed since aid program for greater 1993 and 2001 increase Minnesota regional centers for greater Minnesota and another to continue cities over 10,000 special LGA increases population. received by Coon Rapids and NewPort. Transition None specified, For cities over 2,500, aid In 2004, 20 percent of mechanism - although the in 2005 and thereafter distribution is based on new how will new commissioner of cannot decrease by more formula and 80 percent is distribution be revenue has than based on 2003 distribution; in phased in? indicated that the 10 percent of their 2005, 60 percent is based on administration previous year's levy. For the new formula; in 2006 the would support a smaller cities, aid in 2004 new formula is fully phased- 'reasonable' and thereafter cannot m. transition period. decrease by more than 5 percent of their 2003 aid amount. 2005 LGA $352 million $406 million $490 million, plus $29 appropriation million for two new aid programs mentioned above. Market value Reduced in 2003 Reduced in 2003 and 2004 Reduced in 2003 and 2004 a homestead credit and 2004 a total of a total of $40 million, total of $31 million, fully reimbursement $58 million, fully fully funded in 2005 and funded in 2005 and beyond. funded in 2005 beyond. and bevond. 145 University Avenue West. St. Paul, tIN 55103-2044. (651) 281-1200. (800) 925-1122. www.lmnc.org 4 Table 4: Distribution of LGA by city cluster under the three reform proposals. , (Note that the appropriation levels are significantly different.) , Current Governor's House Senate Law 2004 reform reform reform LGA share LGA share LGA share LGA share Total appropriation ($millions) $608 $352 $406 $519 GMN High Income 1.7% 2.0% 1.6% 1.6% GMN Mod Growth 4.1% 5.7% 5.4% 5.4% GMN Maior Cities 9.3% 8.7% 8.4% 8.4% GMN Regional Ctrs 18.6% 20.4% 15.5% 15.5% GMN Sub-Reg Ctrs 3.1% 3.6% 2.7% 2.7% GMN Small 2.5% 2.9% 2.9% 2.9% GMN Stable 17.6% 21.2% 20.6% 20.6% GMN Urban Fringe 0.4% 0.7% 0.7% 0.7% Greater MN Total 57.2% 65.3% 57.7% 57.7% Minneapolis 20.2% 17.4% 21.7% 21.7% St. Paul 12.9% 11. 7% 10.9% 10.9% Metro Diversified 1.1% 0.3% 0.7% 0.7% Metro High Growth 1.2% 0.5% 1.1% 1.1% Metro Hi!!h Income 0.0% 0.0% 0.1% 0.1% Metro Large 1.5% 0.1% ' 1.0% 1.0% Metro Old 4.0% 2.7% 4.9% 4.9% Metro Small 2.0% 1.9% 1.9% .1.9% Metro Total 42.8% 34.7% .42.3% 42.3% Total 100% 100% 100% 100% 145 University Avenue West. St. Paul, tIN 55103-2044. (651) 281-1200 · (800) 925-1122 · www.lmnc.org , I 5 Local levy authority "- All three proposals would also restrict cities' levy authority. Table 5. Levy restrictions Governor's levy House levy limits Senate freeze limits Cities covered All cities. Over 2,500 All cities. population. Duration One year, taxes Two years, taxes Two years, taxes payable 2004. payable 2004 and payable 2004 and 2005. 2005. Debt levies Included in levy Excluded from levy Included in freeze. limits unless the city limits. Levies could sold bonds, received increase over 2003 voter approval, or dollar amount only entered a binding for debt service on contract for the bonds sold prior to project prior to May June 1,2003. 1. Aid cut No replacement of Replacement Levy increase replacement aid cuts allowed. allowed only for allowed equal to amount aid amount 2004 aid reductions increase cuts exceed 20 per- from 2003 to 2004. cent of 2003 certified amounts. Unused levy Cities would lose all Cities would retain Cities would lose all authority under unused levy 35 percent of unused unused levy previous year's authority. levy authority. authority. levy limit Inflation and 1. Implicit price 1. Household None. Cities would growth deflator (inflation); growth; and 2. Half generally only be adjustments 2. Household of the growth in allowed to levy the growth; and 3. Half commercial and dollar amount levied of the growth in industrial market in 2003. commercial and value. No general industrial market inflation increase value. included. Reverse Effective for taxes Effective for taxes None. referendum oayable in 2005. payable in 2006. For more information, contact: . Eric Willette, LMC policy research manager Phone: (651) 281-1245. E-mail: willette@lmnc.org . Gary Carlson, LMC intergovernmental relations director Phone: (651) 281-1255. E-mail: gcarlson@lmnc.org (5-15-03) 145 University Avenue West. St. Paul, MN 55103-2044. (651) 281-1200. (800) 925-1122. www.lmnc.org / . ~ NORTH METRO MAYORS , ) A 5 5 0 C I A T I 0 N MEMORANDUM TO: BOARD OF DIRECTORS FROM: JOSEPH STRAUSS, EXECUTIVE VICE PRESIDENT SARAH EPPARD, EXECUTIVE DIRECTOR DATE: 6/11/03 RE: 2003 LEGISLATIVE SESSION The 2203 Legislative Session was anticipated to be difficult at its best, but no one would imagine how things would unfold. First of all, we were all placed in a defensive position to react to the distortions in the State Auditor's report on local government expenditures. Especially the Auditor's determinations of what were "necessary local government functions." To further complicate our efforts during the legislative session was the positions attacking local / '\ government financing by the State and some local chambers, the Minnesota Business \, ) Partnership, Minnesota Realtors Association, Taxpayers League, etc. Much time was spent attempting to provide data and information that tried to correct some of the less then factual representations made by the for mentioned groups. We also held our breath prior to the session to see what former Governor Ventura would do about un-allocating the December 2002 payment to the cities. Then, the legislature had to deal with the 2003 shortfall to avoid once more the Governor's threat to begin the un- allocating process. LOCAL GOVERNMENT AIDS: The issue revamping Local Government Aids then became the biggest challenges facing us. We were able to gain access to the Commissioner of Revenue and provide input to the revamping of the LGA formula. In order to provide input to a new formula that everyone seemed to agree should be accomplished, City Managers/Administrators representing a cross section of the NMMA membership had several meetings which they worked with our governmental affairs people to 1) React to what the Governor's Office was proposing, and 2) To offer changes in segments of the formula that would better address the varied needs of our member communities. Bob Benke spent many, many hours (gratis) extracting from over 50 some pages of statewide printouts to reduce it to information affecting the NMMA cities. This was done numerous times during this long and protracted process. / '\ ) U:\NMMA\LEG-G~NL\2003 M~~itoring\2003 Ex VP summary. doc 8525 Edinbrook Crossing, Suite #5, Brooklyn Par , MN 55 3 TEL (763) 493-5115 .A. FAX(763) 424-1174 In the final analysis, the LGA formula certainly was not the way we wanted to see it and definitely not funded to ease the pain that the reductions in LGA will impact - but we can say that 1) We were at the table and 2) We hopefully made things better than they would have been. TRANSPORTATION FUNDING: We recognized from the moment that the Governor released his Transportation Funding proposal that it would not generate the funds needed to address the many, many unmet transportation and transit needs of the NMMA cities. We were able to meet with Rep. Ron Erhardt, Chair of the House Transportation Policy Committee and present to him the NMMA's comprehensive report regarding the highway and transit needs for our member cities. These reports clearly stated that unless adequate funding was provided for the many planned highway projects, it is questionable if they would ever get built in the next 20 years. Rep Erhardt later on contacted us seeking support for this more comprehensive transportation funding legislation. Rep. Erhardt spoke before the NMMA Board of Directors at their April meeting to outline his proposed legislation. While Rep. Erhardt was not able to get his proposal / into the Transportation Funding legislation, it provided the basis for addressing the issue in future sessions of the legislature. LEGISLATIVE DELEGATION: The North Metro Area Legislative Delegation is the outgrowth of the candidate forums that the NMMA held prior to the 2002 Session. At those forums the question was asked of all candidates "Would you be part of a NMMA legislative delegation that would work together on legislative issues affecting the NMMA cities. The answer was 100% yes. Senator Rest and Representative Abeler agreed to Jointly Chair the Delegation. Four meetings were held with good participation. While we did not achieve the goals of unification of some of the key issues, we strongly feel that this forum is the best way to collectively communicate issues facing our communities to this delegation. We again thank Senator Rest and Representative Abeler for their commitment to this effort and hope that they co-chair the Delegation in 2004. MEMBERSHIP INVOLVEMENT: Throughout the Session, the Mayors and City Managers/Administrators were very responsive to the call to testify on behalf of the NMMA. The quality of the individual presentations impressed the Committee Chairs and members for the clear and concise information provided. Their many appearances at the same committee also developed a keen respect by the committee chairs, and also improved the ability to influence the final committee decisions. / U:\NMMA\LEG-GENL\2003 Monitoring\2003 Ex VP summary.doc / In the final analysis, the LGA formula certainly was not the way we wanted to see it and definitely not funded to ease the pain that the reductions in LGA will impact - but we can say that 1) We were at the table and 2) We hopefully made things better than they would have been. TRANSPORTATION FUNDING: We recognized from the moment that the Governor released his Transportation Funding proposal that it would not generate the funds needed to address the many, many unmet transportation and transit needs of the NMMA cities. We were able to meet with Rep. Ron Erhardt, Chair of the House Transportation Policy Committee and present to him the NMMA's comprehensive report regarding the highway and transit needs for our member cities. These reports clearly stated that unless adequate funding was provided for the many planned highway projects, it is questionable if they would ever get built in the next 20 years. Rep Erhardt later on contacted us seeking support for this more comprehensive transportation funding legislation. Rep. Erhardt spoke before the NMMA Board of Directors at their April meeting to outline his proposed legislation. While Rep. Erhardt was not able to get his proposal / into the Transportation Funding legislation, it provided the basis for addressing the issue in future sessions of the legislature. LEGISLATIVE DELEGATION: The North Metro Area Legislative Delegation is the outgrowth of the candidate forums that the NMMA held prior to the 2002 Session. At those forums the question was asked of all candidates "Would you be part ofa NMMA legislative delegation that would work together on legislative issues affecting the NMMA cities. The answer was 100% yes. Senator Rest and Representative Abeler agreed to Jointly Chair the Delegation. Four meetings were held with good participation. While we did not achieve the goals of unification of some of the key issues, we strongly feel that this forum is the best way to collectively communicate issues facing our communities to this delegation. We again thank Senator Rest and Representative Abeler for their commitment to this effort and hope that they co-chair the Delegation in 2004. MEMBERSHIP INVOLVEMENT: Throughout the Session, the Mayors and City Managers/Administrators were very responsive to the call to testify on behalf of the NMMA. The quality of the individual presentations impressed the Committee Chairs and members for the clear and concise information provided. 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WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: John Erar, City Administrator SUBJECT: Consider 2003 Budget Reduction Plan DATE: June 17, 2003 INTRODUCTION The City Council met on April 29, 2003 to consider 2003 budgetary reductions in City expenditures due to state aid reductions affecting local government aid and market value credit aid. Based on staff analysis, City will realize a loss of approximately $590,000 in funding cuts from its adopted 2003 Budget. This state aid reduction represents approximately 8.4% of 2003 General Fund revenues of $7,077,215. Proposed expenditure reduction areas have been discussed with Council and were given preliminary approval on April 29, 2003. There are no reduction changes from previous staff recommendations. / DISCUSSION In determining the breadth of spending reductions and levy reallocations, the Management Team met on several occasions to review, refine and evaluate the implications of these expenditure reductions on current services. Guidelines, principles and rationale supporting the 2003 Budget Reduction Plan are as follows: 1. Preserve the delivery of essential services to City residents in the areas of police, fire, public works and internal administration systems supporting building inspections, econonllc development, planning, finance, and engineering. 2. Preserve existing stafflevels to maintain existing staffing ratios of 1.99 FTE per 1,000 residents. The City of Andover maintains a staffing ratio, which is already one of the lowest ratios in the entire metropolitan area and is the lowest staffing ratio in the Stanton Group 5 cities for populations above 25,000. See attached graph. 3. Pursue revenue enhancement approaches in the form of natural gas and electricity franchise fees that would help offset the loss of state aids and provide Council with options other than pure expenditure reductions. The use of franchise fees would allow the City to recover service costs along a progressive user fee rate schedule based on consumption and generate revenue from the City's physical assets. a. Council rejected the introduction of Franchise Fees for natural gas and electricity as a possible source of new user fee revenue to help offset the loss of state aid in the 2003 Budget. Consequently, this recommendation has been removed from consideration at this time. 2003 BUDGETARY PLAN REDUCTION HIGHLIGHTS 1. Defer the hiring of a new Parks Maintenance staff position and reduce and/or modify service expenditures to program areas, which staff felt could be addressed in a more efficient manner. That includes reducing the number of outdoor chemical toilets by targeting only high usage field areas. These changes would reduce 2003 budgetary expenditures by $70,509. 2. Leave open the existing accounting clerk position in the Finance Department and use part-time staffing support, along with other operating cost reductions would reduce costs by $27,600. 3. Implement the full user rate effective July 1, 2003 for Storm Water management and mandated NPDES service activities and shift 6 months of service costs out of the general fund. This would shift approximately $76,093 out of the general fund to the storm water utility. This becomes an extremely critical cost issue, when considered with federally mandated NPDES expenditures. A cost analysis performed by engineering and finance department indicates that storm water related expenditures in 2003 is currently $537,265. The cost analysis is attached for Council review. Staff is recommending that a full user rate be implemented by July 1,2003 due to state budget cuts and the need to fully actualize the costs to a separate storm water utility. 4. Reduce discretionary general fund expenditures for the repair and replacement of various play structures by 50%, leaving $10,000 in the general fund. 5. Elimination of overtime for public works staff in area of hydrant flushing activities, eliminate funding for part-time skateboard park attendants in 2003, reduce improvements costs for isolated curb and gutter repair and shift department costs for storm sewer maintenance activities to a storm water utility fund. These changes would reduce 2003 Budget costs by $35,000. 6. Reduce publication of the City newsletter to bi-monthly as opposed to monthly and utilize other forms of media to communicate City activities and events that would reduce expenditures in this area by $10,175 for the remaining 6 months of the year. Surveys of similar communities indicate that the vast majority of cities publish either bi-monthly or quarterly newsletters. 7. Reduce and/or defer Fire Department equipment expenditures to 2004 that will result in a savings of $13,250 in the 2003 Budget. 8. Reduce non-essential expenditures to personnel retention and benefit programs in order to preserve and maintain existing staff levels. Eliminate 2003 expenditures for market adjustments, the annual employee appreciation event, pay for performance, reduce printing and postage costs for the City's customer service program, and reduce employee attendance across the board to conferences and non-mandated training programs. These changes would reduce 2003 budgetary expenditures by $61,500. 9. Reduce City subsidization of Anoka-Hennepin School District community education programs by 50%, which would save $37,500 if implemented by July 1,2003 (see attachment). 10. Reduce and/or defer planned capital equipment expenditures identified in the 2003 Budget amounting to a reduction of $127,635. (see attachments) 11. Reduce and reallocate funding for City seal-coating by 5.5% and crack fill programming by 8.3%. This would result in a reallocation of $16,000 to the general fund. 12. Reduce Contingency account funding by $10,000 and eliminate contingent personnel funding for a proposed Community Services Director, which would save $47,500. 13. Reduce support expenditures for Andover FunFest events to previous 2002 funding levels. This would save $4,000 and leave $4,000 in the account in support of FunFest activities. 14. Defer/delay completion of Zoning Ordinance Update by 12 months and complete process internally as workload requirements allow, and reduce other department operating expenditures. These changes would reduce 2003 Budget expenditures by $27,000. Budget reduction items 1-14 will allow the City to reduce 2003 Budget expenditures to meet state aid cuts of $590,000. The Council also discussed whether a reduction in Police Protection contract service costs with the Anoka County Sheriffs Office should be considered, with the majority of Council declining at this point to look at either deferring or eliminating a scheduled patrol staffing coverage increase effective July 1, 2003. The management team did not consider this service reduction in the proposed 2003 Budget Reduction Plan, as patrol staffing coverage would fall below minimum Sheriffs Office patrol ratios. ACTION REQUIRED Council gave preliminary approval to the list of 2003 Budget reduction recommendations on April 29, 2003, with direction that following final legislative action this item should be brought back to Council for formal adoption. At this time, the 2003 Budget Reduction Plan is presented for Council adoption. fd: ~ . May 8, 2003 I~~ " .... Y-bttA-v.... ~~1 , John Erar, City Manager (i'"G. City of Andover ~\'o.. 1685 Crosstown Blvd NW Andover, MN Dear Mr. Erar: You have requested a written response describing the impact of the City of Andover's cut of $37,500 to youth programs for 2003. In very simple terms this cut impacts services primarily to elementary aged children of the Andover area in two broad program areas; summer programs and after school programs. Summer Youth Program Historically summer programs have been funded through a combination of fees and city funds. The city funds have been used to hire the core staff that set up the classes, programs and field trips that comprise the summer program. The city revenue support for the summer program was cut by approximately $5,000. This means that should fee revenue fall short of goals that the school district is left with staffing costs incurred to deliver a city service. The printing presses were literally stopped to pull off the summer brochure. Fees for all programs were revised upward to reflect the loss of city funds. We will not know the impact the increased fees will have on enrollments until June. In the future if the city provides no funding for the summer program the community education , department will not be providing a City of Andover summer program. This is consistent with J decisions that have been made with other municipalities who have cut funding for summer programs. After School Youth Program The cut the city has made in the after school program can best be reflected in terms of staffing lost, programs lost and estimated enrollments lost. The city and community education department have cooperatively funded programs for youth in Andover. The city dollars were used in cooperation with community education dollars to provide services to elementary children. In addition, the community education department provides funding for programs for middle school and high school students. The cut in city dollars will reduce the combined staffing at Rum River, Andover and Crooked Lake Elementary Schools from 110 total hours per week to 30 total hours per week. These employee positions as they exist today will be cut. In the fall of 2002, students at the elementary schools were offered a total of 153 programs. In the fall of 2003, students will be offered a total of 30 programs. Enrollments in the after school youth programs during the fall of 2002 at the three elementary schools was 2,400. In the fall of 2003, it is estimated that enrollments would be 480. Sincerely, ~ Steve Kerr Manager of Community Education / ,. @ 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: John Erar, City Administrator SUBJECT: Purchase Agreement Status/Slyzuk Property DATE: June 17,2003 INTRODUCTION Staff has been working with the City Attorney's office and Mr. Slyzuk relative to finalizing legal documents to facilitate the purchase of the Slyzuk property. DISCUSSION In order to provide Mr. Slyzuk and the City with adequate time to review and coordinate the execution of these agreements, staff is requesting that this item be tabled for an additional 30 days. A survey of this property has been ordered and will need to be completed. The survey will take approximately 14 -21 days to complete. My office has met with Mr. Slyzuk to review the purchase agreement, option agreement and right of first refusal documents and all items appear / to be on track for a July closing. ACTION REQUIRED Request for Council to table this item until the July 20, 2003 meeting. If matters can be dealt with in a more expedited manner, staff will bring this item forward once all documents have been executed by Mr. S1yzuk. ll~bmi~d' o rar , Cc: Ken S1yzuk, 15211 Nightingale Street, Andover , @ I ., 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: John Erar, City Administrator SUBJECT: Schedule Council Workshop - Miscellaneous Items DATE: June 17,2003 INTRODUCTION Council is requested to schedule a Council workshop on Tuesday, June 24, 2003 to discuss miscellaneous City business items. DISCUSSION The proposed agenda for the workshop is as follows: , 1. Timber River Estates - Storm Sewer System Repairs 2. Community Center Project - Verbal Update 3. Consider R-1 and R-2 Custom Grading/Buildability Issues Other items may be added upon request. ACTION REQUIRED Schedule Council Workshop for 7:00 pm on June 24, 2003. Respectfully submitted, , I ~ruJ DATE June 17. 2003 ITEMS GIVEN TO THE CITY COUNCIL ~ Letter from Gregory Anderson, Anoka County Hwy. Dept. _ 6/5/03 ~ The Connection ~ May 2003 Building Dept. Report ~ Council on Education in Management PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\DA TA\STAFARHONDAAIAGENDA\CCLlST,DOC Clttl CnwLt~ ~- \'-(-63 l COUNTY OF f g ANOKA l "j , ~ Public Services Division ! ><~ , HIGHWAY DEPARTMENT ! '," , 1440 BUNKER LAKE BLVD. NW., ANDOVER, MINNE TA:55~fCE'VED f ~ , , ~<AN()KA>~ (763) 862-4200 FAX (763) 862-4201 i COUNfFl'l Gregory A. Anderson, Project Representa ive JUN , 1) ?naa I ~'~--,..,:"~;;,,,,,,-,~~..;;i. Direct Dial Number (763) 862 243 I C f "1""./ {'") ,[' /!~'17~::;,,: 1 June 05, 2003 L.~. REGARDING: 2003 Construction: 7th Ave. (CSAH 7) Reconstruction from 578' South to 2233' North of 157th Ave. (CSAH 20) and 157th Ave. (CSAH 20) Reconstruction from 7th Ave. (CSAR) 7 to 305' East of7th Ave. (CSAH 7). Dear Resident: The reconstruction of7th Ave. (CSAH 7) and I 57th Ave. (CSAH 20) is anticipated to begin on or near -- July 7th. The Anoka County highway surveyors have begun the process of preparing this area for .- construction, they will be placing stakes at or near the right-of-way property lines and painting trees and structures for future removal. The work will consist of utility relocation, earth moving operations, bituminous paving and a traffic signal system being installed at the intersection. The final roadway will consist of two 12' through lanes with left and right turn lanes northbound 7th Ave. and one 12' through lane and a 12' through right with a left turn lane southbound 7th Ave.. I 57th Ave will consist of one through lane in each direction with a right turn lane at 7th Ave. The normal workweek is expected to be Monday-Friday, 7:00 a.m. - 7:00 p.m. The project should be complete by October 1st, 2003. 7th Ave. will be closed to thru traffic and access onto 7th Ave. from 157th Ave. (CSAH 20) and Valley Dr. (CR 58) will be denied at the time construction operations begin and continue until the major operations have been completed this is anticipated to be August 29,2003. Access to residents within the project closure will be available at all times. I have attached a map of the proposed detour route and terpporary signs will be placed to define the route. Signs will be placed indicating the date of the closure 10 days prior to the roadway being closed. The closure and detour is required due to the extent of the construction and utility work required to complete the project. Some of the temporary inconveniences that local residents will encounter include noise, dust and vibrations. Dust created by the construction operations will be reasonably controlled using water. These inconveniences are unavoidable; however, they are temporary and will be minimized to all practical extents. We appreciate your patience in advance and consideration for the safety of the workers and the public. I will be the Anoka County Project Representative on the project. I will be on-site during construction and will be available to answer your questions. Please direct all your inquiries to myself at 763-862- 4243. Anoka County publishes a weekly construction update on all county projects. This Construction Weekly is posted on our Internet web site at http://www.co.anoka.mn.us/ s~~ Grego A. derson Project Representative Affirmative Action I Equal Opportunity Employer t'.{$~;i&w~r,~:..~':;'~'~~ ,,~-:-;'?~'~\'~;'l;'->':i:;i:/; 'ii'.(W),'~F7C-:- '787 ,.......,-.-sy....'.~.........'.:..;.... .....,.. ....:...' ..~. ,,'" ' H~R::W;-At't \.,,;. ,", , ., ""';1' ,I <"',.. ...... . ;c,,,,, ,. ~i:~f;'j' "" - .. -:;c!l . -. :.1 ;,,1'- t '., ." :k:='~ ,'~. ~>'l-. ., '-..'."..1,; ".....'" ". I ' 1 ','S,",;-' ;,'.' -., <.. " ". ,'I",>,'!i/~I ~ ' " .. ... {::,,",: c. ~ -r :!~[. ~,'," ,~.,\:,5Q\}':'~10N~I:\0;~,.I\:].J~).i; K ,-;!I ~.~W,{;':.ci,O:':;.i, ,:~/. ",:.fi',; ,..' ,It;".~::'t>,.r"'>'~"'. "~ . ,ti.. .,. . ....... ;:t&,'2X'" ".W;:,~E~J0,;,:lNlSP~~,:'\nl ',T~:?0;n,~N\ '. :;~~j~~J ~~~'i~~~ ;,' ; -~;l;~c'~';~~'"~~!' ;o,.li,z';~-j '''~-2'}'icl!' , ' - 'l" ~:F.f:(:~')~j!" '; .'.'y. . 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I I I I TO: Mayor and City Council ~ 77// MAY FROM: David Almgren I RE: 2003 Monthlv Buildin J Reeort I BUILDING PERMITS PermiUPlan Tax Total Valuation 14 Residential 3 S.F. 5 Septic 6 Townh. $ 34,726,59 $ 1,345,00 $ 36,071.59 $ 2,690,000.00 5 Additions $ 3,389.51 $ 73,70 $ 3,463,21 $ 147,400.00 16 Garages $ 5,196.14 $ 88,87 $ 5,285,01 $ 177,748,00 6 Remodeling/Finishing $ 300,00 $ 3,00 $ 303,00 $ - o Commercial BUilding $ - $ - $ - $ - 1 Pole Bldgs/Barns $ 172.01 $ 2,25 $ 174.26 $ 4,500.00 3 Sheds I $ 268,26 $ 3.45 $ 271.71 $ 6,900,00 6 Swimming Pools $ 675,55 $ 15.70 $ 691,25 $ 31,400,00 o Chimney/Stove/Fireolace $ - $ - $ - $ - o Structural Changes I $ - $ - $ - $ - 57 Porches/Decks/Gazebos $ 7,520.69 $ 113,32 $ 7,634,01 $ 226,041.00 1 Renalr Fire Damage $ 532,65 $ 19.25 $ 551,90 $ 38,500,00 40 Re-Roof/Siding $ 2,000,00 $ 20.00 $ 2,020.00 $ - 4 Other I $ 885.76 $ 19,00 $ 904,76 $ 36,600.00 1 Commercial Plumbing $ 181.25 $ 5.00 $ 186,25 $ 10,000.00 o Commercial Heating $ - $ - $ - $ - 1 Commercial Fire Sprinkler $ 345,26 $ 6,00 $ 351.26 $ 12,000.00 o Commercial Utilities $ - $ - $ - $ - o Commercial Grading $ - $ - $ - $ - I 155 SUBTOTAL $ 56,193.67 $ 1,714,54 $ 57,908.21 $ 3,381,089.00 I PERMITS I FEES COLLECTED 155 Buildina Permits $ 56,193,67 $ 1,714,54 $ 57,908.21 o Ag Buildina $ - $ - $ - 1 Curb Cut $ 50.00 $ 0,50 $ 50,50 4 Demolition $ 170,00 $ - $ 170,00 1 Footing . $ 15.00 $ 0.50 $ 15,50 2 Renewal $ 71,36 $ - $ 71,36 1 Moving $ - $ - $ - 40 Heating $ 1,630.00 $ 19.50 $ 1,649.50 25 Gas Fireplaces $ 1,000.00 $ 11,00 $ 1,011.00 67 Plumbing $ 4,708,00 $ 33,50 $ 4,741.50 22 Pumning $ 330.00 $ - $ 330,00 2 Seotic New $ 100,00 $ 1.00 $ 101,00 8 Septic Repair $ 450.00 $ 4.00 $ 454,00 9 Sewer Hook-Up $ 225,00 $ - $ 225,00 9 Water Meter $ 450,00 $ - $ 450,00 1 Sewer Chanae Over $ 40.00 $ 0,50 $ 40,50 o Water Change Over $ - $ - $ - 9 Sac Retainage Fee $ 114,75 $ - $ 114,75 9 Sewer Admin. Fee $ 135.00 $ - $ 135.00 15 Certificate of Occuoancy $ 60.00 $ - $ 60,00 11 License Verification Fee $ 55.00 $ - $ 55.00 o Reinspection Fee $ - $ - $ - 19 Contractor License $ 570.00 $ - $ 570,00 22 Rental License $ 1,650.00 $ - $ 1,650.00 o Health Authority $ - $ - $ - 432 TOTALS $ 68,017,78 $ 1,785.04 $ 69,802,82 Total Number of Homes YTD 2003 53 Total Number of Homes YTD 2002 117 Total Valuation YTD - I 2003 $ 11,884,681.12 Total Valuation YTD - I 2002 $ 24,341,568,96 Total Building Department Revenue YTD- 2003 $ 229,561.40 Total Building Department Revenue YTD- 2002 '. $ 390,619,90 I I I r -, 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ~ ~fJY TO: Mayo, ""d CHy Coonoil l CC: John Erar, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Supplement to Item #20 DATE: June 17, 2003 DISCUSSION Attached is a letter from Sheriff Andersohn regarding I have called our neighboring cities to see what they in._u~ LV uu. rouowmg are their responses: Coon Rapids - staying with 1 :00 am closing time Ramsey - will be discussing it at a workshop the fIrst week in July Ham Lake - have not discussed the issue Oak Grove - have not discussed it but the clerk/administrator does not think Council will change to 2:00 am. Blaine - staying with 1 :00 am but discussing it again in September. Anoka - I was not able to reach anyone in Anoka to see what they're doing Staff has not received any requests from the liquor license holders to stay open until 2:00 a.m. Respectfully submitted, tLL- ()~ Vicki V olk City Clerk -- c0'39t1d mS,!,cct'c!g t't':E! E00c ,!,! Nnr . . . Office of the Sheriff Anoka County Sheriff Bruce Andersohn 3lJ Eosr Main Srrur. Alloka, MN $$303-2489 (76J)J2J.$()OO Fax (76J)422.7$03 June 12,2003 Mr. John Erar Andover City Administrator 1685 Crosstown Boulevard NW Andover, Minnesota 55304 Dear Mr. Erar: I was asked to provide you and members of the Andover City Council with an opinion in regard to the recent extension ofliquor establishment operating hours. As you are aware, the Minnesota Legislature passed a bill that allows liquor establishments to operate until 2:00 a.m. upon ordinance approval by the governing city. The Anoka County Sheriff's Office provides a night power shift in the City of Andover until 3:00 a.m. I do not perceive a one hOUT extension placing a burden on patrol staff. However, my concern is that if the City of Andover approves the extension and other neighboring commwrities do not, Andover might experience bar patrons that were drinking in other communities, and driving under the in fluence to establishments in Andover in an effort to continue consuming alcohol. From a public safety standpoint, this could potentially result in an increase of drunk drivers and alcohol related traffic accidents due to increased numbers of drinking drivers. It would be nice if Andover's approach is consistent with neighboring communities to avoid this potential increase of drinking drivers in the City of Andover. If you would like to discuss this issue further, please contact myself or Captain Jenkins. Si~~ fl=>>m Sheriff BBA:jl cc: Undersheriff Dave King UndersheriffLoni Payne Captain Dave Jenkins I . i . "I I i .i\\ , ~\tl't:U Affirmative Action I EIiOi({ '. untty E~loyer "."" J ,I,;" ~, , ,I ('" H~'. I '.. - i Z /Z #:~ZSg SSL ~9L l-.:HI}QHS 'OJ \')/ONV : WJ9~:I : e -LI-9 : OSJV:).9 l~S , Or{a i rcl 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, Finance Director SUBJECT: Supplemental Agenda Items for June 003 Council Meeting DATE: June 17, 2003 The City Council is requested to review the supplemental material for the following Agenda Items: Accent Additional Information under Consent Items 9. Consider Award of Bid/03-2/Woodland Creek Golf Villas (Supplemental) - Engineering li Approve Change Order #1/01-30/Prairie Road (Supplemental) - Engineering Respectfully submitted, Jim Dickinson Finance Director 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, Finance Director SUBJECT: Supplemental Agenda Items for June 003 Council Meeting DATE: June 17,2003 The City Council is requested to review the supplemental material for the following Agenda Items: Accept Additional Information under Consent Items 9. Consider Award of Bid/03-2/Woodland Creek Golf Villas (Supplemental) - Engineering l1. Approve Change Order #l/01-30/Prairie Road (Supplemental) - Engineering Respectfully submitted, Jim Dickinson Finance Director 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: John Erar, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: 9. Consider Award of Bid/03-2/Woodland Creek Golf Villas (Supplemental) - Engineering DATE: June 17,2003 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 03-2, Woodland Creek Golf Villas. If you recall, this project was rebid at the request of the developer. DISCUSSION Bids received are as follows: Contractor Bid Amount Northwest Asphalt, Inc. $319,680.59 Northdale Construction $322,183.96 Dave Perkins Contracting, Inc. $330,715.00 Volk Sewer & Water $360,649.59 The feasibility report had a construction cost of $261,610.00. The developer (Olvan Properties LLC) has agreed to move forward with the project and has accepted the rebid (see attached letter). BUDGETIMPACT The project will be funded by developer assessments as identified in the feasibility report. ACTION REOUIRED The City Council is requested to approve the resolution accepting bids and awarding the contract to Northwest Asphalt, Inc. in the amount of $319,680.59 for Project 03-2, Woodland Creek Golf Villas. Respectfully submitted, CJ~O. David D. Berkowitz cc: Olvan Properties LLC, PO Box 67, Forest Lake, MN 55025 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 03-2 , WOODLAND CREEK GOLF VILLAS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 106B-03 ,dated Mav 20, 2003, bids were received, opened and tabulated according to law with results as follows: Northwest Asphalt, Inc. $319,680.59 Northdale Construction $322,183.96 Dave Perkins Contracting, Inc. $330,715.00 WHEREAS, awarding the contract is contingent upon the developer completing the following: 0 filing the final plat at Anoka County 0 executing the development contract 0 submitting the appropriate letter of credit for the City improvements and developer improvements 0 submittal of the drainage and utility easement for the storm water pond 0 paying trail fees NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Northwest Asphalt. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Northwest Asphalt. Inc. in the amount of $ 319.680.59 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 lowest bidder 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 reaular meeting this 17th day of June , 2003 , 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 Victoria Volk - City Clerk June 17,2003 David Berkowitz City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Award of Bid/03-2/Woodland Creek Golf Villas Dear Mr. Berkowitz: We hereby agree to move forward with awarding the bid for street & utilities for the above mentioned project. If you have any questions, feel free to contact us. JUN-17-2003 14:33 WSB & ASSOCIATES INC. 7632877170 P.02/12 ',r.h ... ;', :',WSB &: b3ocltJleII. [rICo lune 17,2003 .~ l~f~ .. Honorable Mayor and City Council City of Andover 1685 Crosstown Boulevard NW Andoyer, MN 55304-2612 Re: Woocl1and Creek Golf Villas .~ '(~. ; Street and Utility Improvements ,.. City Project No. 03-02 ~!!jM Andover, MN WSB Project No. 1463-02 '~'~f-":;(; . ~~;t~' '~'l;, "0'''''''- : "..., ,\#",,: .,~. . .....,-"; . Dear Mayor and City Council Members: ')':"11 ' ."" Bids were received for the above-referenced project on Monday, June 16, 2003 and were opened and read aloud. A total of four bids were received. The bids were checked for . mathematical accuracy and tabulated. A copy of the tabulation of bids is attached to this letter for your infonnation. The bidders and their bids were as follows: CONTRACTOR TOTAL BID 1. Northwest Asphalt, Inc. $319,560.59 , 2. Northdale Construction Co., Inc. $322,183.96 3. Dave Perkins Contracting, Inc. $330,715.00 4. Yolk Sewer & Water, Inc. $360,649.59 'il;~ Recommendation ~,.", , I -~.Ii. i,I4'; This project was previously bid on May 13,2003. At that time, the Council was requested ii't'~ !i :~~J ""'. ,.:\" to reject the bids and re-bid the project. The low bid in this case is approximately $1,000 .;r'" ",.;, higher than on the previous bid. However, the number of bidders and the range of bids 1',' ,'!. received indicate a competitive bidding climate. In addition, further delays in award of the contract to re-bid the project will most likely increase the overall cost of the project and 4150 Olson ultimately delay development of the site. Memorial. Highway WSB & Associates, Inc. has worked with Northwest Asphalt, Inc. on other similar , ~;) Suite 300. :~ i<~. . ,,:1 projects. They are qualified to perfonn the work involved in the contract. It is our ff1rinnelipC)l~ recommendation that the contract be awarded to Northwest Asphalt, Inc. in the amount of ,.... ~ l~ 'Minn~ota $319,560.59. ~, (f. : ~ , ,), 55422 · fill \ ., ..:'" . t;\ 763.541~~, . ~"~I': Minneapolis. 51. Cloud, Equal Opportunity emfiMif~IMI44J-DZ'DI1I70JR<<_..wID'Lu.doc !;,; 763 '.5~ . .;fA.>' 1". '?t.,"~ioll''''': \.,- . .1, l,'t lf a~,... .;,~.. ,,",.1;: 76328771713 PAGE. 132 JUN 17 213133 14:34 JUN-17-2003 14:33 WSB & ASSOCIATES INC. 7632877170 Po03/12 Honorable Mayor and City Council City of Andover June 17,2003 Page 2 If you have any questions or concerns regarding the recommendation contained in this letter, please feel free to contact me at (763) 287-7193. Sincerely, !&t'7lJI Kevin B. Kawlewski, PoE. Senior Project Manager Attachment cc: Northwest Asphalt, Inc. sb F;\WI'WI1N46J.Dz..D6110J ~<<'Ommtn4Qllo,.14r. JUN 17 2003 14:34 7632877170 PAGE 0 03 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: John Erar, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: 13. Approve Change Order #1/01-30/Prairie Road (Supplemental) - Engineering DATE: June 17,2003 INTRODUCTION This item is in regards to approving Change Order #1 to Project 01-30, Prairie Road Reconstruction. DISCUSSION The reconstruction of Prairie Road began last fall. As determined during the construction a few design changes were required to construct the road and pedestrian bridge to an acceptable standard. Originally the road was to be milled 1 inch and a 2 inch overlay was to be placed over the existing base. The bituminous base material was determined not to have enough structural stability to support the 2 inch overlay. The recommended design change is to reclaim the entire bituminous surface, shape the class 5 subgrade and pave a 2 inch base course and a 1 Yz inch wearing course. This will be a full surface reconstruction and add a 20 year design life to the pavement. The excess reclaimed bituminous can be utilize at Prairie Knoll Park to construct the parking lot areas. Utilizing this material will save money when it comes to building the parking lots. Another design change required was to raise the low point of the road, which is between 139th Lane and 140th Lane. Due to the shallow depth the original design would not allow for structures to be installed to handle the storm water. This improvement included removing muck in the low area, adding granular borrow to raise the low point of the road, adding additional class 5 and placing new concrete curb and gutter. The third design change was on the pedestrian bridge. The bridge design did not meet MnDOT standards. When MnDOT State Aid reviewed the shop drawings they determined that a few structural members on the bridge would need to be increased in size. The bridge must meet State Aid standard to be eligible for State Aid funding so design changes were made. Mayor and Council Members June 17, 2003 Page 2 of2 These design changes result in a $121,926.54 change to the contract. This project has been put on hold until these issues are resolved. Once the change order is approved work will continue. Attached is additional information from MFRA for your review. BUDGET IMPACT The improvements would be funded utilizing State Aid Bonds. ACTION REOUIRED The City Council is requested to approve the resolution approving Change Order #1 for Project 01-30, Prairie Road Reconstruction. Respectfully submitted, 0~0.~ David D. Berkowitz CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1. TO PROJECT NO. 01-30. PRAIRIE ROAD RECONSTRUCTION. WHEREAS, the City of Andover has a contract for Project No. 01-30 with W.B. Miller. Inc. of Elk River. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 01-30. Adopted by the City Council of the City of Andover this 1ih day of . June , 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk HUL T & ASSOCIATES, INC. A division of McCombs Frank Roos Associates, Inc. Engineering, Planning, Surveying & Wetland Delineating Telephone: 651-464-3130 Facsimile: 65/-464-4822 June 16, 2003 Mr. David Berkowitz, P.E., City Engineer City of Andover 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304-2612 SUBJECT: City of Andover Change Order No. 1 SAP. 198-101-0] Prairie Road Reconstruction (MFRA # 13649) Dear Mr. Berkowitz: Attached is Change Order No.1 which is necessary for the completion of the construction of this project. Several of the items on the change order are relatively minor items, which were discovered dwing construction There are, however, three major items that need explanation. 1. Pedestrian Bridge Modifications - The constructionpJans, including the pedestrian bridge, were submitted to MnDOT State Aid Offices and approved prior to bid letting. Approximately one month after the bid letting, the MnDOT Offices of Bridges and Structures sent notification of their need to do a post- letting review of the plans. The result was a time conswnmg process, which resulted in a Separate, four-page set of bridge construction plans. The original design work was done by McCombs Frank Roos Associates. Inc. (MFRA) and TKDA. The redesign requested by MnDDT was also done by these firms at no cost to the City. The change order reflects only the additional construction costs involved in fabricating the bridge to the post-letting design standards. 2. Reclamation in lieu of Mill and Overlay - The initial road construction design was a mill and overlay process. This was based on recommendations by Btaun Intertec after they had completed a non-destructive pavement testing analysis of Prairie Road and their review of pavement coring and soil borings taken by GED Engineering. During the initial phases of construction, it was noted by City Inspector, AI Koester, that the lower 1.5 inches of existing bituminous was very brittle and would not support a mill and overlay process. Braun Intertec was called to the site to observe the areas noted by Mr. Koester. Based on their observations, Braun Intertec submitted revised recommendations calling for a complete pavement reconstruction. Again, the change order reflects only the construction costs associated with the redesign. Braun Intertec will not invoice for their additional services. · Mailing Address: P.O. Box 37- Forest Lake. MN. 55025 . . Email: hult~mfra.com . JUN 16 2003 15:23 PAGE. 02 3. Low-point Modifications - Prior to reconstruction, there were two curb cuts at the low spot in the road (Station 13+15) allowing drainage to flow overland behind the curb north to the culvert crossing at Station 14+30. This system was not functioning well in the spring thaw and in heavy rainfiill events. Due to critical grades between the curb, bike bath, and back yard fences, a storm sewer system was designed to collect water with catch basins placed at the curb cut locations, piping the runoff from the proposed catch basins to the culvert crossing to the north. During construction, it was detennined that the culvert crossing was higher than indicated by the survey shots taken on the culvert flared end sections and also that the proposed Neenah curb structures had an extensively long lead-time. It was determined that the road section needed to be raised to allow for a low profile catch basin casting that would collect the water and provide adequate pipe grades to the existing culvert. The area was redesigned based on the available casting and the confinned existing culvert elevation. The raising of the grade in the area involved the reconstruction of340 feet of roadway including reworking the base material. There were no charges for the engineering redesign services and credits were issued for previous staking costs. The project got off to a slow start in 2002 due to the wet weather experienced in the full. The work remaining for this year's construction has been essentially completed, with the exception of the pavement reconstruction. While these changes are significant, they are necessary for the completion of the project. We have submitted the change order to MnDor for preliminary review. Once City approval is received, we will process the application for MnDOT final approval. If you have any questions or need additional infunnation, please contact us. Sincerely, Hult & Associates, Inc. ~ 1~- ./ . Tony R Kraftson TRK:pry Enclosure s:\main:1AlId 13649:lComspondcncclberkowi126- JUN 16 2003 15:24 PAGE. 03 CHANGE ORDER NO.1 . City of Andover - Prairie Road (Bunker Lake BLVD NW to Andover BLVD NW) Street Reconstruction S.A.P. 198-101-10, MFRA #13649 1. Relocate Existing Catch basin 1.0 LS $1,600 ADD $1,600.00 2. Remove and Replace Guard Rail 80.0 LF $28.00 ADD $2,240.00 3. Transplant Spruce Trees 5.0 EA $200.00 ADD $1,000.00 4. Patching 763 SY $34.25 ADD $26,132.75 5. Install Modular Ret. Wall 655 SF $21.50 ADD $14,082.50 6. Revise Pedestrian Bridge 1.0 LS $3,000.00 ADD $3,000.00 7. Remobilization 1.0 LS $2,000.00 ADD $2,000.00 8. Additional Traffic Control 1.0 L8 $2,200.00 ADD $2,200.00 9. Road Reclaim Exist. Bituminous 15,512.0 SY $0.70 ADD $10,858.40 10. Remove Excess Reclaim Bit. 1,550.0 CY $6.00 ADD $9,300.00 II. Fine Grade and Reshape Subgrd. 44.9 RS $150.00 ADD $6,735.00 12. Bituminous Base Course 1,419.34 TN $42.75 ADD $60,676.79 13. Subgrade Correction 3.4 RS $1,686.00 ADD $5,732.40 14. Conunon Borrow 865 CY $7.50 ADD $6,487.50 15. Bituminous Wear Course 412 TN $39.90 DEDUCT $16,438.80 16. Mill Existing Bitwninous 15,200 SY $0.90 DEDUCT $13,680~00 (All items 100% State Aid Funding) TOTAL TillS CHANGE ORDER ADD $ 121,926.54 ORIGINAL CONTRACT AM:OUNT $ 480,000.00 CHANGE ORDER NO.1 $....J2l., 926.54 REVISED CONTRACT AMOUNT $ 601 ,926.54 APPROVED: ACCEPTED: CITY OF ANDOVER W, B. (\11LU,R ) I-! e.. BY: BY~~ DATE: DA' to / (7 / () 3 RECOMMENDED: MFRA BY: BY: 7;;:;;; I)~ (District State Aid Engineer- for funding only) DATE: ~ /I b (03 DATE: JUN 16 2003 15:24 PAGE. 04