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HomeMy WebLinkAboutCC - January 3, 2012iC I T Y 0 F^ LNDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, January 3, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (12/20/11 Regular; 12/20/11 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Petition/Order Feasibility Report/1 1- 47/174`' Ave. NW, Heather St. NW & 173d Ln. NW /Gravel Road Paving - Engineering 4. Approve Change Order #1 /11- 14/Tower #1 (Rose Park) - Engineering 5. Approve License Agreement/Use of Digital Ortho & Oblique Aerial Photographs — Engineering 6. Approve City Administrator Review — Administration 7. Approve Used Vehicle Sales License /3138 162 a Lane NW — Planning 8. Approve Application for Exempt Permit/Anoka Area Chamber of Commerce — Administration 9. Approve Refuse/Recycler Hauler Commercial License — Administration 10. Approve 2012 Massage Establishment License — Administration Organizational Items 11. Approve Official Depositories & Banks — Administration 12. Designate Official Newspaper — Administration 13. Appoint Acting Mayor — Administration 14. Appoint Standing Committees — Administration Staff Items 15. Schedule 2012 Local Board of Appeal & Equalization— Administration 16. Reschedule February 7, 2012 City Council Meeting —Administration 17. Schedule February EDA Meeting - Administration 18. Administrator's Report —Administration Mayor /Council Input Closed Session - Public Works Union Negotiations Update Property Acquisition Negotiations Update (PID#29- 32 -24 -44 -0022) Adjournment ♦ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: January 3, 2012 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: December 20, 2011 Regular December 20, 2011 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes l� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING — DECEMBER 20, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, December 20, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trade, and Tony Howard Councilmember absent: None. Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson City Engineer/Director of Public Works, David Berkowitz Community Development Director, Dave Carlberg Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache requested Consent Item 14 and Consent Item 15 be moved to Discussion Item 24a and Item #24b after the discussion of the CDBG Applications. Councilmember Trade requested Consent Item 7 be moved to Discussion Item 24c after the discussions on the 2012 Fee Ordinance. Motion by Councilmember Trade, Seconded by Councilmember Howard, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OF MINUTES November 29, 2011 City Council Workshop Meeting Motion by Councilmember Trade, Seconded by Councilmember Knight to approve the November 29, 2011 City Council Workshop meeting minutes as presented. The motion carried unanimously. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — December 20, 2011 Page 2 December 6, 2011 regular City Council Meeting Motion by Councilmember Knight, Seconded by Councilmember Trude to approve the December 6, 2011 Regular City Council Meeting minutes as presented. The motion carried unanimously. December 6, 2011 Closed City Council Meeting Motion by Councilmember Knight, Seconded by Councilmember Bukkila to approve the December 6, 2011 Closed City Council Meeting minutes as presented. The motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Resolution Finding a Parcel to be Occupied by a Structurally Substandard Building (See Resolution R103 -11) Item 4 Approve Plans & Specs /Order Advertisement for Bids /11- 16 /Rosella Sonsteby Property /SS & WM Extension (See Resolution R104 -11) Item 5 Receive Assessment Rolls /Order Public Hearing/l 1 -2a, Flintwood St. NW & 11- 24, Butternut St. NW, 173d Ave. NW & Flintwood St. NW (See Resolution R105 -11) Item 6 Approve Retroreflectivity Standards for Traffic Signs item 7 A ppr-e e Resolution D est, ie frog D.,, -king in Sunshine PaAE West PaFh -i g he Item 8 Accept Feasibility Report/Order Public Hearing/12- 2a/2012 Street Reconstruction (Ivywood Estates) (See Resolution R107 -11) Item 9 Accept Feasibility Report/Order Public Hearing/12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147th Avenue NW) /2012 Street Reconstruction (See Resolution R108 -11) Item 10 Order Improvement /Order & Approve Plans & Specs /Order Advertisement for Bids /12 -11 /Bunker Lake Blvd. NW Water Main Extension (See Resolution R109- 11) Item 11 Approve 2012 Liquor Licenses Item 12 Approve 2012 Massage Therapy Licenses Item 13 Approve 2012 Animal Control Contract item 15 Adopt 2012 Foe OFdi,.a-neo Item 16 Adopt 2012 Debt Service Levy Changes (See Resolution R110 -11) Item 17 Approve 2012 Commercial Kennel License Motion by Councilmember Bukkila, Seconded by Councilmember Knight, for approval of the Consent Agenda as amended. Motion carried unanimously. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes —December 20, 2011 Page 3 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT Commander Kevin Halweg, Anoka County Sheriff's Office, provided the Council and the citizens of Andover with an update on law enforcement activities within the City including a year to date comparison for offenses for 2011 and 2010. PUBLIC HEARINGIVACATION OF EASEMENTSIWOODLAND CROSSINGS SECOND ADDITION Community Development Director Carlberg stated the approval of this application would eliminate the existing drainage and utility easements from the existing Woodland Crossings 2nd Addition and clear the way for new drainage and utility easements to be established for the proposed Woodland Crossings 3rd Addition. The purpose of removing the easements from the previous plat and replacing them with the new plat is to prevent confusion in the future. A condition of the resolution makes approval contingent on approval and recording of Woodland Crossings 3rd Addition. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to open the public hearing. The motion carried unanimously. Mayor Gamache opened the public hearing at 7:10 p.m. Motion by Councilmember Bukkila, Seconded by Councilmember Knight to close the public hearing. The motion carried unanimously. Mayor Gamache closed the public hearing at 7:11 p.m. Motion by Councilmember Knight, Seconded by Councilmember Trude to approve a Resolution Granting the Vacation of Drainage and Utility Easements for Woodland Crossings 2nd Addition. The motion carried unanimously. (See Resolution R1l 1 -11) CONSIDER PRELIMINARY PLAT OF WOODLAND CROSSINGS 3RD ADDITION Community Development Director Carlberg stated this preliminary plat would restore the single family lots created as part of the initial Woodland Crossings plat that were later converted to detached townhouse lots. The applicant has indicated that there is demand for single - family lots in this development. The Planning Commission recommended approval of the proposed plat with a 6 -0 vote. Councilmember Howard asked who would cover the costs of digging up and capping the extra water service connection. Community Development Director Carlberg stated the developer would be responsible for Regular Andover City Council Meeting Minutes —December 20, 2011 Page 4 having the extra water service turned off at the main connection and having the copper line cut off. 4 Councilmember Knight clarified the conditions of approval had been reviewed with the developer and he accepted these conditions. 7 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to approve a 8 Resolution Approving the Preliminary Plat of "Woodland Crossings 3rd Addition" for Property 9 Legally Described as Lots 1 through 7, Block 1 Woodland Crossings 2nd Addition, Anoka 10 County, Minnesota. The motion carried unanimously. (See Resolution R112 -11) 11 12 13 CONSIDER FINAL PLAT OF WOODLAND CROSSINGS 3RD ADDITION 14 15 Community Development Director Carlberg stated the City Council is asked to approve a final 16 plat for Woodland Crossings 3rd Addition. The final plat is found to be in compliance with the 17 preliminary plat to change six detached townhouse lots to five single - family lots with appropriate 18 drainage and utility easements for the proposed lots. 19 20 Motion by Councilmember Bukkila, Seconded by Councilmember Howard to approve a 21 Resolution Approving the Final Plat subject to the Conditions Outlined in the Resolution for 22 Woodland Crossings 3rd Addition. The motion carried unanimously. (See Resolution R113 -11) 23 24 25 CONSIDER COMPREHENSIVE PLANAMENDMENT/TRANSITIONAL RESIDENTIAL TO 26 AGRICULTUREIEAST HALF OFPID #28- 32 -24 -12 -0001 27 28 Community Development Director Carlberg stated the City has received a request from the 29 property owner to enroll the subject property in the Agriculture Preserve Program. State law 30 requires cities to designate land for agricultural use in their comprehensive plans as a prerequisite 31 for enrollment in this program. The Planning Commission recommended approval of the 32 proposed amendment to the Comprehensive Plan. The Council is asked to evaluate the proposed 33 land use change with the criteria established. 34 35 Mayor Gamache asked if a public hearing would be required for this request and if the owner of 36 the property agrees with the conditions of approval. 37 38 Community Development Director Carlberg stated the public hearing had been held with the 39 Planning and Zoning Commission for this request. 40 41 Mr. Don Eveland, 2575 Andover Boulevard NW, Andover, stated he understands and agrees 42 with the conditions of approval. 43 44 Motion by Councilmember Bukkila, Seconded by Councilmember Howard to approve a Regular Andover City Council Meeting Minutes — December 20, 2011 Page 5 Resolution Amending the Comprehensive Land Use Plan of the City of Andover to Change the Land Use Classification From Transitional Residential to Agricultural for Property Legally Described as That Part of the Northwest Quarter of the Northwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota Lying East of the West 660.34 Feet Thereof. The motion carried unanimously. (See Resolution R114 -11) 8 CONSIDER REZONING /SINGLE FAMILY RURAL RESIDENTIAL TO AGRICULTURAL 9 PRESERVE /EAST HALF OF PID #28- 32 -24 -12 -0001 10 11 Community Development Director Carlberg stated the applicant is seeking a rezoning of land 12 adjacent to his farm that was recently purchased to allow the land to be enrolled in the 13 Agricultural Preserves Program. The Planning and Zoning Commission recommended approval 14 of the proposed rezoning based on the findings identified in the resolution. 15 16 Councilmember Trude clarified for residents the parcel was zoned to be housing but the down 17 turn in the economy has changed the expected time frame for this property to be developed. The 18 parcel was originally staged to be developed by 2015 but with the current economic conditions 19 the parcel will not be developed in the near future. She asked Community Development Director 20 Carlberg to explain the process for residents. 21 22 Community Development Director Carlberg stated it is not likely the property would be 23 developed in the time frame established earlier. The owner would like to have the property 24 rezoned to be included in the agricultural preserve program. This program has an eight (8) year 25 decertification process so it would not be possible for the owner to resell or develop this property 26 during this time. It is not common for property to be moved into the agricultural preserve 27 program, but there are other areas within the City that are more accessible for development. 28 29 Councilmember Knight asked if the agricultural preserve program was a State run program. 30 31 Community Development Director Carlberg stated the City administers the program. 32 33 Councilmember Trude asked if the Met Council would accept the change in the Comprehensive 34 Plan. 35 36 Community Development Director Carlberg stated the City had sent the proposed changes to the 37 surrounding communities for their input and the Met Council will likely approve it. 38 39 Motion by Councilmember Knight, Seconded by Councilmember Howard to approve an 40 Ordinance Amending City Code Title 12 -3 -4, Zoning District Map of the City of Andover to 41 Rezone Land from R -1, Single - Family Rural Residential to Agricultural Preserve on Land 42 Legally Described as that part of the Northwest Quarter of the Northwest Quarter of Section 28, 43 Township 32, Range 24, Anoka County, Minnesota lying East of the West 660.34 Feet Thereof. 44 The motion carried unanimously. (See Ordinance 415) Regular Andover City Council Meeting Minutes —December 20, 2011 Page 6 DISCUSS POTENTIAL 2012 CDBG APPLICA TIONS CONTINUED Community Development Director Carlberg provided the Council with an update of the Acquisition/Demolition Crosstown Boulevard/Drive Area project, the Youth First Equipment Purchase project and the Housing Rehabilitation Revolving Loan Fund. Based on priorities identified by the Council, staff recommends a grant application be submitted for acquisition/demolition in the Crosstown Boulevard and Crosstown Drive area of the City. A resolution will need to be approved for the application to be submitted on time. 10 City Administrator Dickinson stated Youth First was currently working on a grant through the 11 Best Buy Foundation to purchase computer equipment. 12 13 Councilmember Trude asked if the City had received any feedback from the County on the City's 14 list of possible projects. 15 16 Community Development Director Carlberg stated the application for acquisition/demolition 17 appeared to be a good use for CDBG funds. With this application the City would be responsible 18 for replacing any affordable housing that was removed in the project area. Staff will continue to 19 explore the details on the type of housing that would be required. 20 21 Councilmember Bukkila stated she would like more information regarding what type of housing 22 would be required to replace any homes removed before approving this application. She does not 23 want to see the City replacing these units with the same thing. 24 25 Community Development Director Carlberg stated staff is working on these details. The Council 26 can approve the application move forward and at a later date either withdraw the application or 27 decline any funding that may be awarded. 28 29 Mayor Gamache clarified if the City received funding and a future developer has a plan that does 30 not fit the CDBG funding criteria the City could return the funds for other projects within the 31 County, 32 33 City Administrator Dickinson stated in the time frame the City could either return or decline the 34 funds. 35 36 Motion by Councilmember Trude, Seconded by Councilmember Howard to approve a 37 Resolution Authorizing Applications for 2012 Community Development Block Grant Funds to 38 be Used to Conduct Projects Within the City of Andover for the Betterment of Andover 39 Residents in the Amount of $200,000. The motion carried unanimously. (See Resolution R115- 40 11) 41 42 Regular Andover City Council Meeting Minutes — December 20, 2011 Page 7 1 2 APPROVE 2011 PARK DEDICA TION STUD Y 3 4 Mayor Gamache stated he would like the Council to discuss the change in the Park Dedication 5 amount. At the last meeting the Park Dedication fee presented was $2,472 per unit and due to 6 the proposed improvements suggested by the City Council the fee is higher than what had been 7 presented. The Park Dedication fee is proposed to be $2,650 per unit, which would be less than 8 the current amount of $2,950 per unit. 9 10 Councilmember Trude clarified this increase was due to the discussions of the Council and the 11 Park and Recreation Commission on the park plan and future land uses. She suggested the 12 residents around the affected parks be notified of the City's intent for the future development of 13 these parks. 14 15 Mayor Gamache stated the commercial and industrial park dedication fees would also change to 16 $7,950 per acre or 10% of market value of the land, whichever is less. 17 18 Motion by Councilmember Howard, Seconded by Councilmember Trude to approve the Park 19 Dedication Study and the Rate of $2,650 for Park Dedication Fees for 2012. 20 21 22 ADOPT 2012 FEE ORDINANCE 23 24 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to approve the Fee 25 Ordinance for 2012 Effective January 1, 2012 and the Summary of the Ordinance for Publication. 26 The motion carried unanimously. (See Ordinance 414) 27 28 29 APPROVE RESOLUTIONRESTRICTINGPARKING INSUNSHINE PARK WEST PARKING 30 LOT 31 32 Councilmember Trude stated she does not support this because this will cause these vehicles to 33 move to neighborhoods. She stated if this is approved the Council should consider notifying the 34 school so they can announce this change to students prior to winter break. 35 36 Councilmember Bukkila asked if there was no parking on the side streets in this area. 37 38 City Administrator Dickinson stated there is no parking on 149`" Avenue because this is a 39 designated trail route. 40 41 City Engineer Berkowitz stated there is no parking just south of Sunshine Park. Parking is 42 restricted on 148t' Lane during school hours and in the Woodland Estates development there is 43 no parking. 44 Regular Andover City Council Meeting Minutes —December 20, 2011 Page 8 Councilmember Bukkila asked how much notice has been given to the school. 3 City Engineer Berkowitz stated staff has been in contact with the school and how they make 4 students aware of the change is their decision. Councilmember Bukkila asked if it would be reasonable to delay the start date until after the winter break. 9 City Administrator Dickinson stated the Council can set the start date but if there is a significant 10 snow event between now and that date the City will have to plow the parking lot. 11 12 Mayor Gamache stated the school provides adequate parking for their students but they require a 13 permit and permit fee. The City does not need to provide additional parking for the school or 14 students. He would agree to close the parking lot the effective on January 2, 2012. 15 16 Councilmember Trude stated students may not have adequate time to get a permit prior to 17 January 2nd because of the winter break and the school closed. If students do not get the permit 18 they will park in the surrounding neighborhoods and this is why she would not support closing 19 this parking lot. She would support working with the school and students to find ways to get the 20 students to clean up the parking lot. 21 22 Councilmember Bukkila suggested allowing a week after the students return to school in order to 23 obtain parking permits from the school. This would make the parking lot closure effective 24 January 9, 2012. 25 26 Councilmember Howard stated this would be a reasonable timeline. 27 28 Mayor Gamache stated the parking lot would have signs posted stating from 7:00 a.m. to 2:00 29 p.m. during school days there would be no parking and once the snow season starts the parking 30 lot would not be plowed. 31 32 City Engineer Berkowitz stated as soon as it starts to snow staff will rope off and close the 33 parking lot in order to prevent any vehicles from entering and potentially getting stuck. 34 35 Councilmember Trude asked if there has been a litter problem in this parking lot since staff's 36 discussions with the school. 37 38 City Engineer Berkowitz stated there have been no improvements with the littering in this 39 parking lot. 40 41 Motion by Councilmember Bukkila, Seconded by Councilmember Howard to approve a 42 Resolution Restricting Parking in Sunshine Park West Parking Lot Effective January 9, 2012. 43 The motion carried 4 ayes, 1 nay ( Trude) (See Resolution R106 -11) 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — December 20, 2011 Page 9 APPOINT TASK FORCE MEMBERS 111 -34 1ARTIFICIAL TURF -DOME City Engineer Berkowitz stated the City Council is requested to appoint Task Force Members that will be responsible to review possible options for artificial turf and /or dome. Lee Brezinka, Assistant Finance Director and Todd Haas, Assistant Public Works Director/Parks Coordinator will be staff liaison to the Task Force providing information and conducting research. The first meeting will be scheduled sometime in January. Mayor Gamache recommended the City appoint two (2) Councilmembers, two (2) Park Commissioners, and three (3) representatives from the Associations for a total of seven (7) members. Councilmember Trude recommended including a representative from all five (5) Associations. People may not be able to make every meeting and this would ensure adequate members and representation. Councilmember Bukkila stated she would agree with having all five Associations represented. Mayor Gamache asked if the Hockey Association would need to be represented since they would not be using the artificial turf. He suggested Councilmember Howard be appointed to the Task Force because of his experience with the Hockey Association. Councilmember Knight stated the hockey teams may use the fields with artificial turf for dry land training and they should be represented on the Task Force as well as the other Associations. Councilmember Bukkila stated she would be interested in serving on the Task Force. Councilmember Knight stated he would be interested in serving on the Task Force. Councilmember Trude stated she was not interested at this time. Mayor Gamache stated he was not interested at this time. Councilmember Howard stated Councilmember Bukkila and Councilmember Knight should serve on the Task Force, but he may like to attend some of the meetings. Councilmember Howard suggested the meetings be posted. City Administrator Dickinson stated the meetings could be posted with a quorum of the Council may be present but no decisions will be made. All meetings are open to the public. Councilmember Knight suggested the Council appoint Park and Recreation Commissioner Butler as the Task Force Chair. Regular Andover City Council Meeting Minutes — December 20, 2011 Page 10 1 Motion by Councilmember Trude and seconded by Councilmember Howard to appoint 2 Councilmember Bukkila, Councilmember Knight, Park and Recreation Commissioner Ted 3 Butler, Park and Recreation Commissioner Kowalewski, Sean Beggin of the North Metro Soccer 4 Association, Bernie Knox from the Andover Huskies Youth Hockey Association, Todd Blake 5 from the Andover Area Lacrosse Association, Brad Schotzko from the Andover Baseball 6 Association, and Twila Hauck from the Andover Football Association a Task Force that will be 7 responsible for reviewing possible options for artificial turf and /or dome and to appoint Park and 8 Recreation Commissioner Butler as chair of this Task Force. The motion carried unanimously. 9 10 11 SCHEDULE COMMISSION INTER VIEWS 12 13 Mayor Gamache stated the Council is requested to schedule Commission interview dates. Based 14 on previous interview schedules, Administration is recommending two (2) dates be scheduled. 15 There are 16 applicants. He would not be available on January 12. 16 17 Councilmember Bukkila stated she would not be available on January 11. 18 19 Councilmember Trude asked if two evenings would be adequate time. 20 21 City Administrator Dickinson stated this will be adequate time and the Council can choose to 22 vary the start times each night. 23 24 Motion by Councilmember Knight and seconded by Councilmember Bukkila to schedule 25 Commission Interview dates as January 9 and January 10, 2012 from 6:30 p.m. to 8:30 p.m. 26 27 City Administrator Dickinson stated he would schedule the interviews so the Council would have 28 time at the end of the second evening to deliberate and make their decision. 29 30 The motion was called to a vote. 31 32 The motion carried unanimously. 33 34 35 ADMINISTRATOR IS REPORT 36 37 City Administrator Dickinson updated the City Council and the residents regarding 38 administration and city department activities, legislative activities, development and CIP 39 projects, and upcoming meetings and community events. He stated the approval of the final plat 40 for Woodland Crossings has produced two (2) additional building permits for 2011. The total 41 new homes for 2011 is 57. The City closed on the parcel of property by Andover Station North 42 and is discussing potential sales in this area. 43 44 City Engineer Berkowitz reminded residents there is no parking on City streets from November Regular Andover City Council Meeting Minutes — December 20, 2011 Page 11 1" to April 15'" from 1:00 a.m. to 6:00 a.m. In any snow event where there is two (2) or more inches there is no parking on any City streets at any time. Due to the warm weather and rain the ice rinks did not open on December 12th as predicted but all the City's ice rinks will be open by Friday, December 23rd. A schedule of the City's ice rinks and warming house hours can be found on the City's website. 7 Community Development Director Carlberg stated the Open Space Advisory Commission did a 8 site visit on the Selmer properties to continue looking for ways to make these open space. There 9 is a large pile of shredded tires along Hanson Boulevard, which is related to the Hanson 10 Boulevard reconstruction project. The contractor needs to get a Conditional Use Permit for the 11 stock piling of these materials and staff is working with them on this. The contractor was told to 12 stop hauling the materials until the Conditional Use Permit process had been completed. 13 14 City Administrator Dickinson reminded residents to lock their car doors and to keep valuables 15 out of site. The number of thefts from unlocked cars has dropped but there has been a rise in 16 thefts occurring during Christmas parties. 17 18 19 MAYOR/COUNCIL INPUT 20 21 (North Metro Mayors Association meeting) Mayor Gamache updated the Council on the North 22 Metro Mayors Association meeting. The Governor attended the meeting and he expressed 23 interest in hosting a Task Force /Subcommittee on State Mandates. He also indicated the 24 Governor would not be supportive of making many changes on fiscal disparities. 25 26 Councilmember Trude stated she had also attended this meeting. The Governor also indicated 27 that he had funding for the completion of I -610 in the proposed budget and bonding bill. This 28 would be an excellent economic development tool for the northern suburbs. 29 30 Mayor Gamache recessed the regular City Council meeting at 8:07 p.m. to a closed session of the 31 City Council to discuss property negotiations for PID #08- 32 -24 -34 -0001, Public Works Union 32 negotiations, and the City Administrator's annual review. 33 34 The City Council reconvened at 9:48 p.m. 35 36 37 ADJOURNMENT 38 39 Motion by Councilmember Howard, Seconded by Councilmember Knight, to adjourn. Motion 40 carried unanimously. The meeting adjourned at 9:49 p.m. 41 42 Respectfully submitted, 43 44 Tina Borg, Recording Secretary 45 Regular Andover City Council Meeting Minutes —December 20, 2011 Page 12 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — DECEMBER 20, 2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Resolution Finding a Parcel to be Occupied by a Structurally Substandard Building (See Resolution R103- 11) ..................................................... ............................... 2 Item 4 Approve Plans & Specs /Order Advertisement for Bids /11- 16 /Rosella Sonsteby Property /SS & WM Extension (See Resolution R104- 11) .................. ............................... 2 Item 5 Receive Assessment Rolls /Order Public Hearing/11 -2a, Flintwood St. NW & 11 -24, Butternut St. NW, 173rd Ave. NW & Flintwood St. NW (See Resolution R105- 11)......... 2 Item 6 Approve Retroreflectivity Standards for Traffic Signs .................. ............................... 2 Item 8 Accept Feasibility Report/Order Public Hearing/I2- 2a/2012 Street Reconstruction (Ivywood Estates) (See Resolution R107- 11) ...................................... ............................... 2 Item 9 Accept Feasibility Report/Order Public Hearing/12 -2b (Johnson's Oakmount Terrace) & 12 -2c (147th Avenue NW) /2012 Street Reconstruction (See Resolution R108 -11) ....... 2 Item 10 Order Improvement/Order & Approve Plans & Specs /Order Advertisement for Bids /12 -11 /Bunker Lake Blvd. NW Water Main Extension (See Resolution R109- 11).... 2 Item 11 Approve 2012 Liquor Licenses ...................................................... ............................... 2 Item 12 Approve 2012 Massage Therapy Licenses .................................... ............................... 2 Item 13 Approve 2012 Animal Control Contract ....................................... ............................... 2 Item 16 Adopt 2012 Debt Service Levy Changes (See Resolution R110- 11) ........................... 2 Item 17 Approve 2012 Commercial Kennel License .................................. ............................... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 3 PUBLIC HEARINGNACATION OF EASEMENTS/WOODLAND CROSSINGS SECOND ADDITION (See Resolution R111- 11) ....................................................... ............................... 3 CONSIDER PRELIMINARY PLAT OF WOODLAND CROSSINGS 3RD ADDITION (See ResolutionR112 -11) ................................................................................... ............................... 3 CONSIDER FINAL PLAT OF WOODLAND CROSSINGS 3RD ADDITION (See Resolution R113- 11) ...................................................................................................... ............................... 4 CONSIDER COMPREHENSIVE PLAN AMENDMENT/TRANSITIONAL RESIDENTIAL TO AGRICULTURE /EAST HALF OF PID #28- 32 -24 -12 -0001 (See Resolution R114- 11)......... 4 CONSIDER REZONING /SINGLE FAMILY RURAL RESIDENTIAL TO AGRICULTURAL PRESERVE /EAST HALF OF PID #28- 32 -24 -12 -0001 (See Ordinance 415) .......................... 5 DISCUSS POTENTIAL 2012 CDBG APPLICATIONS CONTINUED (See ResolutionR115 -11) ..................................................................................................................... ............................... 6 APPROVE 2011 PARK DEDICATION STUDY ........................................... ............................... 7 ADOPT 2012 FEE ORDINANCE (See Ordinance 414) ................................. ............................... 7 Regular Andover City Council Meeting Minutes —December 20, 2011 Page 13 APPROVE RESOLUTION RESTRICTING PARKING IN SUNSHINE PARK WEST PARKING LOT (See Resolution R106- 11) ................................................ ............................... 7 APPOINT TASK FORCE MEMBERS /11 -34 /ARTIFICIAL TURF -DOME . ............................... 9 SCHEDULE COMMISSION INTERVIEWS ............................................... ............................'.. 10 ADMINISTRATOR'S REPORT ................................................................... ............................... 10 MAYOR/COUNCIL INPUT ......................................................................... ............................... 11 (North Metro Mayors Association meeting) .............................................. ............................... 11 RECESSED TO CLOSED SESSION PROPERTY NEGOTIATIONS FOR PIN #08- 32- 24 -34- 0001, PUBLIC WORKS UNION NEGOTIATIONS & CITY ADMINISTRATOR'S ANNUAL REVIEW .................................................................................. ............................... 11 ADJOURNMENT.......................................................................................... ............................... 11 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Dire FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: January 3, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $147,957.25 on disbursement edit list #1- 2 from 12/30/11 have been issued and released. Claims totaling $461,498.17 on disbursement edit list #3 dated 01/03/12 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $609,455.42. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, ��va Lee Brezinka Attachments: Edit Lists W � 1�r W Q d a ¢ � Q rA rA_ll �y O �U U U U 0 N m N O N_ �z 0 ol L 7 z u ad R ca a. Cd G T R �1 O E d O a.. O. 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CID to LIZ U C C ^ C cn i C. ^ .. O^ J 0 0 0 16 N�' NL' N O L .r.'. 3 c C N(.n.s . EW G C C _� .U- U Ul M M M vNi O N C^ M N c V l�J d X v a X O U E L Z wz 9 F- M GJ ctl C wo C, cqO N C,. N •-+ a O O 1 U U U N a E 0 U I �# ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer/Director of Public Works SUBJECT: Accept Petition/Order Feasibility Report/11- 47/174" Ave. NW, Heather St. NW & 173`d Ln. NW /Gravel Road Paving - Engineering DATE: January 3, 2012 INTRODUCTION The City has received a petition from residents along 174th Avenue NW, Heather Street NW & 173rd Lane NW to pave their existing gravel streets, Project 11 -47. DISCUSSION The neighborhood along 174th Avenue NW, Heather Street NW & 173`d Lane NW located just east of Round Lake Boulevard NW (refer to attached location map) has submitted a petition to pave the existing gravel roads in their neighborhood. The petition as presented shows the following: Number in favor of improvements (if determined feasible) —10 Signature that would not be assessed (17303 Round Lake Blvd) —1 Number unavailable — 6 Upon completion of the feasibility report a neighborhood informational meeting will be conducted to determine if there is continued interest based on the assessment amount. A public hearing will follow with the City Council determining if the project should move forward to design and construction. BUDGET IMPACT The paving of the existing gravel surface would be funded 50% from the City's Road & Bridge Fund and 50% assessed to the benefitting properties based on the City's Assessment Manual (Policies and Procedures Guide). ACTION REQUIRED The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for street improvements for 174th Avenue NW, Heather Street NW & 173rd Lane NW, Project 11 -47. Res � {✓ ectfully submitted, David D. Berkowitz / Attachments: Resolution, etition & Location Map/ cc: Brian & Amy Pogorelec, 3054 —174th Ave. NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PAVING-, FOR PROJECT NO. 11 -47 , IN THE AREA OF 174T" AVENUE NW /HEATHER STREET NW /173 .. J LANE NW. WHEREAS, the City Council has received a petition, dated December 9. 2011 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of January , 2012, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner— Deputy City Clerk ]I -ql David Berkowitz RECEIVED RECEIVED City of Andover 1685 Crosstown Blvd. NW [' C^ _ a�j NOV ' 0 Andover MN 55304 2011 November 8, 2011 CITY OF ANDOVER CITY OF ANDOVER Dear Dave: Enclosed, please find the signatures of our fellow neighbors. We attempted to obtain signatures from every home on our road, unfortunately, there were a few that either did not answer the door or were unable to sign as they were rental properties and not the home owner. We are seeking approval to have our gravel road paved. As you can see, we were able to obtain eleven approval signatures. We are hoping this is sufficient enough to continue to the next step in this process. We were unsure of how to answer the first two questions on the form. If needed, we can certainly stop by the offices to complete the form so that it may be presented to the City Council Members. If you have any further questions or need any additional information, please feel free to contact us. Thank you, rn rBrian & Amylec 3054174`h Avenue NW Andover MN 55304 763 - 753 -7999 amoogo @comcast.net brian@brenkbrothers.com AN L66 VEN 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 * (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Date: I No. Andover City Council Members: We, the undersigned, owners of real property in the following described area: j1#7-7 Do hereby petition that said portion of said a Of 4" '?q y ; r) 0 LL ( CI M by construction and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS v LEGAL DESCRIPTION YES NO 12,Al2 .0e 171 mtj � /7v7 xU 173 (65/JeJ 1,-VLJ N1 , J, - - V This petition was circulated by: R. Address: G ZATAWAF RHONDAAWORMfteighMM petftlon.dO CD CL1R1 - W - , 77 RDLN, P �fl i 11• LL ..Y��.. mr Legend ill Neighborhood Parcels l��In� ��:��� . '1 7���t�• � m!wq 0 125 250 500 emu C Cm Em 1 174TH LN I � � t � � m - I -- -P a . I 'x- 1 + ' ��]m]] I I I t I 1 ® 1 � i t t• , Cr •' }SJ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Approve Change Order #1/11 -14 /Tower #1 (Rose Park) - Engineering DATE: January 3, 2012 U. INTRODUCTION The City Council is requested to approve Change Order #1 for Project 11 -14, Tower #1 (Rose Park). DISCUSSION Change Order #1 is for liquidated damages assessed to the contractor based on actual documented expenses by both the City and the City's consulting firm SEH. The contractor has acknowledged the amount and has signed the change order. BUDGET IMPACT There is no change in the original budget amount. The amount assessed for liquidated damages are actual expense incurred during construction of the project. ACTION REQUIRED The City Council is requested to approve the resolution approving Change Order #1 for Project 1I- 14, Tower #1 (Rose Park). Respectfully submitted, ,6L David D. Berkowitz Attachments: Resolution Change Order #1� CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 11 -14, TOWER #1 (ROSE PARK). WHEREAS, the City of Andover has a contract for Project No. 11 -14, Tower #1 (Rose Park). with MK Painting, Inc. of Wyandotte,MI NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 11 -14. Adopted by the City Council of the City of Andover this 3rd day of January 2012. CITY OF ANDOVER ATTEST: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk A SEH CHANGE ORDER City of Andover, Minnesota OWNER 11 -14 November 3, 2011 DATE 1 OWNER'S PROJECT NO. CHANGE ORDER NO. Rose Park Tower Reconditioning ANDOV 115129 PROJECT DESCRIPTION SEH FILE N0. The following changes shall be made to the contract documents: Description: Contractor did not meet established project completions dates Purpose of Change Order. - Request by the City for project costs incurred ( Described in the SEH letter attached) Basis of Cost: ® Actual ❑ Estimated Attachments (list supporting documents) Contract Status Original Contract Net Change Prior COs Change this CO Revised Contract to Time Cost $384,000 ($19,487) $364,513 Recommended for Approval: Short Elliott Hendrickson Inc. by Daniel J. Zienty Agreed to by Contractor. Y MKP i mg Inc. TITLE Approved for Owner. BY City of Andover, Minnesota TITLE Distribution Contractor 2 Owner 1 Project Representative 1 SEH Office 1 s: \ae \a\wdo, \1151297- ca \71- gml \co no, I revised 11311.doc. Short Elliott Hendrickson Inc. 13535 Vadnais Center Drive I Saint Paul, MN 55110 -5196 SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.3252055 1 888.908.8166 fax %F ! C I T Y 0 F 0_ NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Approve License Agreement/Use of Digital Ortho & Oblique Aerial Photographs — Engineering DATE: January 3, 2012 INTRODUCTION The City Council is requested to approve the License Agreement for the Use of Digital Ortho & Oblique Aerial Photographs. DISCUSSION Anoka County entered into an agreement with Pictometry International Corporation for the purchase of these aerial photographs in which Pictometry allows the County to share this information with cities. The license agreement is a requirement by the County for the use of this information. Attached is the license agreement for your review. ACTION REQUIRED The City Council is requested to approve the License Agreement for the Use of Digital Ortho & Oblique Aerial Photographs. Respectfully submitted, David D. Berkowitz Attachments: License Agreement`s Anoka County Contract No. 2011 -0036 LICENSE FOR USE OF DIGITAL ORTHO AND OBLIQUE AERIAL PHOTOGRAPHS THIS LICENSE AGREEMENT is made and entered into this day of 2011, by and between the County of Anoka, a political subdivision of the State of Minnesota ( "County ") and , ( "Licensee.") W ITNESSETH WHEREAS, the County entered into an agreement with Pictometry International Corp., a Delaware corporation ( "Pictometry") for the purchase of digital ortho and oblique aerial photographs and an information system license for software identified as Anoka County Contract No. 2011 -0036 ( "Contract'); and WHEREAS, as part of the Contract, Pictometry granted to the County a license to share the software and images with cities, townships, school districts, political subdivisions, quasi - governmental entities and others within the County of Anoka; and WHEREAS, subject to the terms and conditions contained herein, Licensee wishes to use and the County agrees to provide the Pictometry software and images associated with the Agreement. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the parties agree as follows. Section 1 GRANT OF LIMITED LICENSE 1.1 The County hereby grants to Licensee a non - exclusive, non - transferrable and non - assignable limited use license to use the digital orthographic photographs, oblique aerial photographs, the Pictometry On -Line (POL) website and information system software associated with the Pictometry images described in Exhibit A ( "Pictometry Imagery'). Section 2 ACKNOWLEDGEMENT OF PROPRIETARY INFORMATION AND RESERVATION OF TITLE 2.1 Licensee acknowledges and agrees that the Pictometry Imagery is the exclusive property of Pictometry and is duly licensed by the County. 2.2 Licensee agrees that Pictometry owns the Pictometry Imagery and reserves all ownership, proprietary rights, confidential and /or trade secret rights, and all protections and benefits afforded under law. The granting of this license does not affect and does not transfer any title in or to any Pictometry Imagery to the Licensee. Section 3 PROTECTION OF PROPRIETARY INFORMATION 3.1 Licensee agrees to only use the Pictometry Imagery in the ordinary course of its business and all such use shall bear the provided notices of copyright by Pictometry. Licensee shall protect the Pictometry Imageryfrom unauthorized access, use, duplication, dissemination, or disclosure. Licensee agrees to immediately notify the County of any unauthorized access to the Pictometry Imagery. Under no circumstances may the Licensee disclose or disseminate any Pictometry software to any other public or private entity. 3.2 Licensee expressly agrees not to add or attach any trademarks, trade names, logos or other marks to any Pictometry Imagery. Section 4 TERM AND TERMINATION 4.1 This License shall commence on the day and year first written above and continue in effect until termination is hereinafter provided. 4.1 This agreement shall terminate upon termination and /or expiration of the County's agreement with Pictometry. 4.3 Either party may terminate this agreement upon ninety calendar days written notice to the other. 4.4 Within five days after expiration or termination of this agreement, the Licensee shall return the Pictometry Imagery and all copies thereof to the County, or by the request of the County, the Licensee shall destroy all of the same and all copies thereof and certify in writing to the County that the same has been destroyed. Section 5 OTHER TERMS AND CONDITIONS 5.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties hereto. 5.2 No Waiver. No delay or omission to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 5.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.4 Entire Agreement. This License Agreement constitutes the entire agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. 5.5 No Assignment. The Licensee shall not assignor transfer this Agreement, either in whole or in part, without the prior written consent of the County, and any attempt to do so shall be void and of no force and effect. 5.6 THE LICENSEE AGREES THAT THE COUNTY IS FURNISHING THE PICTOMETRY IMAGERY ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, -2- INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE PICTOMETRY IMAGERY. THE COUNTY'S SOLE LIABILITY AND THE LICENSEE'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE PICTOMETRY IMAGERY FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE PICTOMETRY IMAGERY ARE ERROR FREE. THE PICTOMETRY IMAGERY WERE DEVELOPED AND /OR LICENSED FOR THE COUNTY'S OWN INTERNAL BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE PICTOMETRY IMAGERY CAN BE USED FOR NAVIGATIONAL, TRACKING ORANY OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY DISCLAIMS ANY OTHER RRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS LICENSE AGREEMENT OR THE PICTOMETRY IMAGERY. 5.7 Damages. The County and the Licensee agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party under the Agreement and the results thereof. In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 5.8 Compliance. The parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances in force or hereafter enacted. 5.9 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party address as follows: To Licensee: To County: Anoka County Administrator's Office 2100 Third Avenue Anoka, MN 55303 Copy to: Anoka County Attorney's Office 2100 Third Avenue Anoka, MN 55303 5.10 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this -3- Agreement are incorporated into and made a part hereof by this reference. 5.11 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties which by their sense and context are intended to survive the performance thereof, including but not limited to obligations respecting proprietary rights and confidentiality, shall so survive the completion of performance and /or termination or cancellation of this Agreement. 5.12 Authority. The person or persons executing this License Agreement on behalf of Licensee represent that they are duly authorized to execute this License Agreement on behalf of Licensee and represent and warrant that this License Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the dates so indicated. COUNTY OF ANOKA, A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA By: Its: 0 Its: Dated: Dated: ATTEST By: By: Its: Its: Dated: APPROVED AS TO FORM M Dan Klint Assistant County Attorney Dated: Dated: [ACIV1DMONTRACT120MLic for Use of Digital Ortho and Oblique Aerial Photographs - la.doc -4- Exhibit A To License Agreement Between Anoka County and Images: The term Pictometry Imagery, as used in this Agreement, shall mean the digital orthographic photographs, oblique aerial photographs, the Pictometry On -Line (POL) website and information system associated with Pictometry software and the following: 1) those selected images, as mutually defined by the parties, associated with the aerial photography performed in 2011 ( "2011 Pictometry Images "); and 2) Licensee understands and agrees that the granting of this License shall in no way be construed as the granting or continuation of this License to view digital orthographic and oblique photographs for later flyovers. 3) Licensee may provide access to the Pictometry On -Line (POL) website to all staff within their respective agency and to consultants who wish to use the POL website for projects and /or work being done for said Licensee only. Cost: A. Licensee understands that the County will be providing the 2011 Pictometry Images as part of a cost share between Anoka County and participating public agencies within the County. Licensee acknowledges that fees charged for the cost of aerial photography performed in future years may change. B. For those Licensees who wish to access the actual Pictometry Imagery and software (beyond what POL provides), the County will deliver the imagery/data via an external digital storage device. Prior to the delivery of the storage device, the Licensee shall reimburse the County for the cost of downloading the information into the storage device and the storage device itself. Licensee further acknowledges and understands that to have full access to the Pictometry Images the Licensee will need access to the County GIS database, which the Licensee shall procure under separate license from the County. -5- 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: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve City Administrator Review DATE: January 3, 2012 INTRODUCTION The City Council held a special executive session on December 20, 2011, to evaluate the performance of the City Administrator James Dickinson. DISCUSSION The evaluation of the City Administrator, James Dickinson, was conducted in an executive session by the City Council as permitted by state open meeting laws. In summary review of the Council's discussion with the City Administrator, it was determined that City Administrator Dickinson meets or exceeds the expectations of the City Council. The City Administrator was evaluated in the areas of Council relations, fiscal management, personnel, supervision, leadership, intergovernmental relations and community relations. ACTION REQUESTED Council is requested to approve the results of City Administrator Dickinson's performance reviews as satisfactory and authorize a renewal of his contract for another year. Respectfully submitted, �X�o;4� Dana Peitso N O D VE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Dave Carlberg, Community Develo en Director FROM: Courtney Bednarz, City Plannek* SUBJECT: Approve Used Vehicle Sales License /3138 162nd Lane NW - Planning DATE: January 3, 2012 INTRODUCTION City Code 3 -8 provides regulations for vehicle sales, including a license requirement. DISCUSSION A conditional use permit was approved for this site in 2011. This would be the second vehicle sales license for the subject property. It is the applicant and owner's intent to continue to operate within the conditions of the approved conditional use permit, including the limit of 5 total display vehicles at the site (resolution attached). A site plan is also attached to show how the existing parking area will be utilized. As part of the initial CUP approval, parking within the larger building at the rear of the site was allowed to help satisfy the overall parking requirement for the site (15 stalls). It should be noted that additional display parking is shown to satisfy the state's requirement of 5 display stalls per license. Due to the way small car dealers operate in Minnesota, it will not be necessary to physically display more than 5 total vehicles at the site. The completed application form and required materials are attached. Please note that the state will not issue a dealer's license until the local requirements have been met. As a result, the applicant will be required to submit a copy of his state license once it has been issued. The applicant has paid the application fee. A motion is required to act on the business license application. ACTION REQUESTED The Council is asked to approve the business license. Attachments Resolution R055 -11 Location Map Site Plan bmi dsarz Cc: Dawit Getachew 2533 Garfield Avenue South Minneapolis, MN 55405 Jason Hemp Xcel Properties LLC 14359 Isanti Street NE Ham Lake, MN 55304 je- 3a -ay- a3--ooa4 Q�tla.c.� CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R055 -11 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR USED VEHICLE SALES ON PROPERTY LOCATED AT 3138 162ND LANE NW LEGALLY DESCRIBED AS THE EAST 150 FEET OF THE WEST 400 FEET OF THE SOUTH 433 FEET OF THE NORTH 2184.99 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16 TOWNSHIP 32 RANGE 24, ANOKA COUNTY MINNESOTA, EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD. WHEREAS, the applicant has requested approval of a conditional use permit for used vehicle sales on the subject property, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves used vehicle sales on the subject property subject to the following: 1. The applicant shall be required to obtain approval of a vehicle sales business license from the City Council. 2. Vehicle display parking, customer parking and employee parking shall be provided to meet the requirements of the City Code. The parking area striping shall be painted to clearly define the parking stalls. 3. There shall be a maximum five vehicles for sale at the property at anyone time. 4. The hours of operation shall be limited to Monday through Saturday between the hourts of 6:00 am and 9:00 pm. Adopted by the City Council of the City of Andover on this 19th day of July, 2011. CITY OF ANDOVER ATTEST: M *dhael R. Gamache, Mayor Lr. , Michelle Hartner, Deputy City Cleric NDOVER�' Incorporated 1974 3138 162nd Lane NW Cq M CO JCMY) o (0 N M N M C4 CO CO Co w Y Q J Q Z O CO 16340 16315 3126 C M M 3105 163RD LN 3100 0 0 LO 0 O I� M M 3055 LO N �p M M M Co O O M M CO CO O M M N O 16223 3240 CO 00 3098 M O r O 16177 `- 16157 16180 3121 3017 16135 16125 16071 3261 0TH LN rn N O o � N 0 CO CO 3260 Subject Property N Location map W -E s �d�-�a-acsda ao•ao PL��n- _^- ��__.^•..,+�dV6 FGibLdd d'Gi�'d' • G9SR09 ®tIOR �,�gcng o �J CA A d D � f ff�R P wx W WE l �i t, ANDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Used Vehicle Sales Business License Application Required Documents: • Completed Application Form • Vehicle Sales License Fee: $105.00 • Copy of Current Photo Identification • Copy of State Dealers License • Workers Compensation Form • Completed Minnesota Vehicle Dealer License Commercial Location Checklist Person Applying For License: First Name _D, � /— Middle Name Home Home Last Name 5z cC cl- Phone Date of Birth Drivers License No. Property Owner Information: 4 '51f Iq ATC'P -9 �'ce (r}ti� First Name �_gh <„ Middle Name �� y-\ Last Name Home Address ���/3 �S�ST � -Wk-) Home Phone /0 Wa'31�� Business Phone 20-3' �%�{�%3� ��t Fax If there are multiple property owners attach complete information for each owner. Business Information: Business Name Z 012 14 cZ& 2Z Business Address 3/ 3 z 11 1r —� r� lZ7 �53 Minnesota Business ID No. State of Minnesota Dealership License No. I (We) agree to operate such business in accordance with the laws of Minnesota and the ordinances of the City of Andover. The foregoing statements are true and correct to the best of my knowledge and belief and I understand that providing false, incomplete or inaccurate information may be cause for denial of my license. In addition, I understand the following: Information in this application is classified as public data and will be provided to the public upon request. Licenses expire on December 31" of each year. Payment of annual licensing fee shall be sufficient to renew license unless other action under the City Code is taken by the City. Lack of payment of annual licensing fee shall be cause for revocation of license. I understand that a bac bund check will be conducted as a part of the application process. Signature Date Certificate of Compliance Minnesota Workers' Compensation Law PRINT IN INK or TYPE. Minnesota Statutes, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in any activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, Chapter 176. The required workers' compensation insurance information is the name of the insurance company, the policy number, and the dates of coverage, or the permit to self- insure. If the required information is not provided or is falsely stated, it shall result in a $2,000 penalty assessed against the applicant by the commissioner of the Department of Labor and Industry. A valid workers' compensation policy must be kept In effect at all times by employer's as required by law. street 3138162ND LN NW MN 55304 YOUR LICENSE OR CERTIFICATE WILL NOT BE ISSUED WITHOUT THE FOLLOWING INFORMATION. You must complete number 1, 2 or 3 below. NUMBER 1 COMPLETE THiS PORTION IF YOU ARE INSURED: WORKERS' COMPENSATION INSURANCE COMPANY NAME (not the insurance agent) NUMBER 2 COMPLETE THIS PORTION iF SELF - INSURED: I have attached a copy of the permit to self - insure DUMBER 3 comp, am not required to have v IF EXEMPT: because: I have no employees. [� I have employees but they are not covered by the workers' compensation law. (See Minn. Stat. § 176.041 fora list of excluded employees.) Explain why your employees are not covered: ❑ Other. ALL APPLICANTS COMPLETE THiS PORTION: i certify that the Information provided on this form is accurate and complete. if i am signing on behalf of a business, I certify that I am authorized to sign on eha"f the business. APPLICANT SIGNATURE (mandat TITLE DATE � C130 12/27/2011 j NOTE: if your Workers' Compensation policy is cancelled within the license or permit period, you must notify the agency who issued the license or permit by resubmitting this form. This material can be made available In different forms, such as large print, Braille or on a tape. To requasy call i- 800.342 = W (DIAL. -DU) Yotce or Tot? (651) 2974198. MN UC 04 (3110) 1 PV MINNESOTA DEPARTMENT OF PUBLIC SAFETY OFFICE USE ONLY DRIVER AND VEHICLE SERVICES DEALER NUMBER: 445 Minnesota Street Saint Paul, MN 55101 -5186 DATE RECEIVED: Phone: (651) 296 -2977 Fax: (651) 297 -1480 NITIALS: Web: dvs.dps.mn.gov Email: DealerQuestion @state.mn.us Minnesota Vehicle Dealer License — Commercial Location Checklist This checklist describes (check one): ❑i Primary Location ❑ Additional Location (Attach a separate checklist for each location) Dealer Name: ZION AUTO LL.0 Dealer Number: Street 3138162ND LN NW City ANDOVER State Mb Zip 55304 County ANOKA Commercial Building Requirement: New, Used, Salvage Pool, and Auctioneer Dealers must have a Commercial Building, which means a permanent, enclosed building that is on a permanent foundation and is connected to local sewer and water facilities or otherwise complies with local sanitation codes, is adapted to commercial use, and conforms to local government zoning requirements. (Minnesota Statutes, section 168.27 subdivision 1). Commercial Office Space Requirement: Lessors, Wholesalers, and Brokers must have at least a Commercial Office Space, which means a space occupying all or part of a commercial building. (Minnesota Statutes, section 168.27 subdivision 1). Instructions Checkthe type of dealer's license that applies Answer T (True) or F (False) to each statement that applies to the license type you checked. Dealership owner or officer must sign on reverse side of form. Check the license type that applies to you: []New * Used ❑ Salvage Pool ❑ Additional Location ❑ DSB F-1 Disolav Lot - respond to statements 2.7, & 8 only 1. ur The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer T maintains copies of the books and records at any additional locations they may have. 2• The dealer owns the above location or leases the location (minimum one -year lease required). Please attach proof of T ownership or Verification of Property Lease - form PS2407. 3 The dealership has a separate and identifiable entrance that leads to the outdoors. (See definition of commercial building above_. May include a strip mall or commercial garage building. Other entrances that lead from other areas of the building must be closed and lockable (Commercial office space within a commercial building does not meet the T statutory license requirement). 4. The public cannot access the dealership by entering through any other business or residence that is located in the T same building as the dealership. S. The dealership location is enclosed with floor to ceiling walls, a door that can be shut and locked to close off the entire T entrance, and is designated for exclusive use of the dealership. 6. T The dealership location has an address that is separate from any other address in the building. 7. The dealership has a display area, either indoors or outdoors, large enough to display at least 5 vehicles. This display T area is designated for the exclusive use of the dealership and is distinguished from any other business' inventory. 8. The dealership has a sign outside of the commercial building, in a public area that identifies the dealership. • The sign must be in letters that contrast sharply in color with the sign background. • If the sign is on a commercial building or a display area, it must be readily legible during daylight hours from the nearest road or street. • If the dealer's display area is not adjacent to the dealer's commercial building, the sign at the display area must T also indicate where the commercial building is located. 9. T The dealership's normal business hours are conspicuously posted and readily viewable by the public. 10. T Personnel or automatic telephone answering service is available during normal business hours. 11. T The above location meets all local zoning requirements as indicated on the Zoning Verification - form PS2421. 12. (New Vehicle Dealers Only) The dealership has a facility for the repair and service of motor vehicles and the storage of parts, not more than ten miles distance from the principal place of business. Check the license type that applies to you:❑ Wholesale License ❑ Lessor []Broker T/F ❑ Auctioneer Vic The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies of the books and records at any additional locations they may have. The dealer owns the above location or leases the location (minimum one -year lease required). Please attach proof of ownership or Verification of Property Lease - form PS2407. T The dealership location is enclosed with floor to ceiling walls, a door that can be shut and locked to close off the entire entrance, and is designated for exclusive use of the dealership Personnel or automatic telephone answering service is available during normal business hours. T The above location meets all local zoning requirements as indicated on the Zoning Verification - form PS2421. T (Broker Only)The dealership has a sign, clearly identifying the broker by name and listing the business hours. The sign is poste in a location readily viewable by the public. (Lessor Only) The dealership's normal business hours are conspicuously posted and readily viewable by the public. ❑ Auctioneer Vic durnited Used Vehicle License T/F T The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies of the books and records at any additional locations they may have. T The dealer owns the above location or leases the location (minimum one -year lease required). Please attach proof of ownership or Verification of Property Lease - form PS2407. T The dealership has a separate and identifiable entrance that leads to the outdoors or to a public area. The dealer may maintain T other entrances to the dealership. Other entrances that lead from a commercial or residential space in the same building must be lockable and close the entire entrance. Shared office space, such as a reception area or secretary, does not qualify as a public area. The public cannot access the dealership by entering through any other business or residence that is located in the same building as the dealership. The dealership location is enclosed with floor to ceiling walls, a door that can be shut and locked to close off the entire entrance, and is designated for exclusive use of the dealership The dealership location has an address that is separate from any other address in the building. The dealership's normal business hours are conspicuously posted and readily viewable by the public. Personnel or automatic telephone answering service is available during normal business hours. The above location meets all local zoning requirements as indicated on the Zoning Verification - form P52421. durnited Used Vehicle License T/F T The dealer keeps all books and records necessary to conduct business at the main dealership location. The dealer maintains copies of the books and records at any additional locations they may have. T The dealer owns the above location or leases the location (minimum one -year lease required). Please attach proof -of- ownership or Verification of Property Lease - form P52407. T The dealership's normal business hours are conspicuously posted and readily viewable by the public. T Personnel or automatic telephone answering service are available during normal business hours This place of business meets all standards outlined above. I understand that any incorrect statement constitutes material misrepresentation and as a result, the dealer license is subject to withdrawal. (Signature of Owner /Officer) PS2410 -14 (7/11) DATE: .2-2 2 — /f A \ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval Application for Exempt Permit/Anoka Area Chamber of Commerce DATE: January 3, 2012 INTRODUCTION The Anoka Area Chamber of Commerce has submitted an application for a raffle at an event they are hosting on February 24, 2012 at the Courtyards of Andover, 13545 Martin Street. DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, 4)14114w, Michelle Hartner Deputy City Clerk Attach: Application Minnesota Lawful Gambling Page 1 of 2 5/11 LL7GLV t PP1K;d l0n ror 1 =xempt Permit Application fee An exempt permit may be issued to a nonprofit organization that: It io n r)ost rk d or rec iv : less than 30 days ore than 30 days conducts lawful gambling on five or fewer days, and - awards less than $50,000 in prizes during a calendar before the event before the event year. $100 $50 ORGANIZATION INFORMATION Check# g Organization name //, /' Previous gambling permit number D / `mod 0ol4/ D�eO0,W,,0ryP /c e X " J �Z— / Z —0d ) Minnesota tax ID nun z�r, if any Federal employer ID number, if any 1 V Type of nonprofit organization. Check one. Fraternal Religious .L ' Veterans Other nonprofit organization Mailing QQaddress % City Stoat /� Zip Code Co u t // y nnau auuress rnleje- Z ✓'6Iz- Attach a copy ofQ=of the following for proof of nonprofit status. Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status. ❑Nonprofit Articles of Incorporation OR a current Certificate of Good Standing . Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St.. Paul, MN 55155 Phone: 651- 296 -2803 ❑IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer j� contact the IRS at 877-829-5500. t. ,!IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of 1_4SL of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. 6l6Lrr� Qs�Grs Q �, yOv e / i°s/ Address (do not use PO box) / City or township Zip Code County �`�S �r �i�'► �j1`. `I owe/' S .30 �"�6�5 Date(s). of activity (for raffles, indicate the date of the drawing) `z 2 4111 ^ Check the box or boxes that indicate the type of gambling activity your organization will conduct: Bingo* Raffles Paddlewheels* Pull -Tabs* Tipboards* * Gambling equipment for pull -tabs, bingo paper, tipboards, and paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on List of Licensed Distributors, or call 651- 639 -4000. LG220 Application for Exempt Permit Page 2 oft s/„ LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking on this application and sign the application. taking on this application and sign the application. attachments) will be used by the Gambling A township official is not required to sign the requires access to the information; Minnesota's application. The application is acknowledged with no waiting —The application is acknowledged with no waiting period. period. _The application is acknowledged with a 30 day —The application is acknowledged with a 30 day waiting period, and allows the Board to issue a waiting period, and allows the Board to issue a permit after 30 days (60 days fora 1st class city). permit after 30 days. Auditor, national and international gambling _The application is denied. The application is denied. Print county name Print city name On behalf of the county, I acknowledge this application. On behalf of the city, I acknowledge this application. Signature of county personnel receiving application Signature of city personnel receiving application authorized by state or federal law to have access determine your organization's qualifications issue a permit, all information Title Date and, as a consequence, may refuse to issue (Optional) TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted Title Date a permit. If your organization supplies the exception of your organization's gambling activity within the township limits. [A township has no information requested, the Board will be statutory authority to approve or deny an application [Minnesota - - Statute 349.166)] remain public. Print township name application. Signature of township official acknowledging application Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE a rw-'m Printfiorrn and.have CEO sign The information provided in this application is complete arpd accurate to the best of my knowledge. I acknowledge that the financial report will be complete ur the Board within 30 days of the date of our gambling activity. Chief executive officer's signature Date Complete a separate applicati for each gambling event: Financial report and recordkeeping • one day of gambling activity required • two or more consecutive days of gambling activity A financial report form and instructions will • each day a raffle drawing is held be sent with your permit, or use the online fill -in form available at Send application with: www.gcb.state.mn.us. Within 30 days of the • a copy of your proof of nonprofit status, and activity date, complete and return the • application fee for each event financial report form to the Gambling Make check payable to "State of Minnesota." Control Board. To: Gambling Control Board Questions? Call the Licensing Section of the Gambling 1711 West County Road B, Suite 300 South Control Board at 651- 639 -4000. Roseville, MN 55113 i nis Torm wm De mace avauaoie in aiternanve rormat (i.e. large print, Braille) upon request. Data privacy notice: The information Your organization's name and Private data about your organization are available requested on this form (and any address will be public information to: Board members, Board staff whose work attachments) will be used by the Gambling when received by the Board. All requires access to the information; Minnesota's Control Board (Board) to determine your other information provided will be Department of Public Safety; Attorney General; organization's qualifications to be involved private data about your Commissioners of Administration, Minnesota in lawful gambling activities in Minnesota. organization until the Board Management & Budget, and Revenue; Legislative Your organization has the right to refuse to issues the permit. When the Auditor, national and international gambling supply the information; however, if your Board issues the permit, all regulatory agencies; anyone pursuant to court organization refuses to supply this information provided will become order; other individuals and agencies specifically information, the Board may not be able to public. If the Board does not authorized by state or federal law to have access determine your organization's qualifications issue a permit, all information to the information; individuals and agencies for and, as a consequence, may refuse to issue provided remains private, with the which law or legal order authorizes a new use or a permit. If your organization supplies the exception of your organization's sharing of information after this notice was given; information requested, the Board will be name and address which will and anyone with your written consent. able to process your organization's remain public. application. 44= qq �,ReseVS rm ANDOVEA T Y O F q` 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 i CC: Jim Dickinson, City Administrator FROM: Michelle Harmer, Deputy City Clerk SUBJECT: Approve Refuse / Recycler Hauler Commercial License DATE: January 3, 2012 INTRODUCTION Aspen Waste Systems Inc. has applied for a commercial refuse /recycler hauler license. DISCUSSION Aspen Waste Systems Inc. has applied for a commercial refuse /recycler hauler license, paid the appropriate fees and their trucks have passed inspection by our mechanics. Aspen Waste Systems Inc. will be required to renew their 2012 - 2013 license with the other haulers before May 31, 2012. ACTION REQUIRED The City Council is requested to approve the commercial license for Aspen Waste Systems Inc. The license period will be from January 3, 2012 through May 31, 2012. (� ( Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: License Application 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV LICENSE APPLICATION REFUSE /RECYCLE HAULERS Business Name AsPEIQ 'Mc 2. Address of Business: Ec 51 Weviliis AVa= utF s.C. MIwt oue, mN 55414 Street City State Zip 3. Business Phone Numbe4{%, "004'Wmail Address 4. Owner of the collection service: Name (Please print) Phone Number Street Address City Il3ate p 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal /processing or recycling: Name & Location of DisposaVProcessing /Recycling Garbage �'1b'�71.A 1 NC TR&NnEEz�- Tires Used Oil Appliances N/A Name & Location of Disposal /Processing /Recycling Corrugated OR ROCK - -TEEN M Edible Food Waste E—N DR5 Scrap Metal A-LlW- Yard Waste dRCf�N 1C Demolition/Construction Debris Paper /Paper Products PiONEEF�, Plastics W kt- MANA66MENr 01!- KOCK- I �I (� &j��',�1Y �J'Cd UW Newspaper !1`71 G �� OA-6M PN F- II a— mad' Ashes Tree Debris Am w, Mitt Office Paper W/`n�gG Uoftwwr RMYC EAug1w Glass �� IVl bl,TryitiE�1li�it Other - specify 10. License(s) Requested: Residential V Commercial 11. Number of trucks proposed to be licensed `, Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to 7 co 74 n-, I at all times - with the provisions of said ordinance. Signature Date License Fees: Residential License $150.00 License/Receipt #��/ / (U Commercial License 150:00 Insurance Expiration Date: Ic Per Truck Fee* $25.00 * $50.00 re- inspection fee per truck if l't inspection fails. Council Action:.. Approved Denied Date 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administra Michelle Hartner, Deputy City ( Approve 2012 Massage Establishment License /Inner Sanctum Salon & Spa January 3, 2012 INTRODUCTION Massage Establishment licenses expired on December 31, 2011. DISCUSSION Inner Sanctum Salon & Spa, 15190 Bluebird Street NW, Suite 101 has applied for renewal of their license, paid the appropriate fee and been approved by the Sheriff's Office. ACTION REQUIRED The City Council is requested to approve the license for the period of January 4, 2012 through December 31, 2012. ( Respectfully submitted, �'1, I, l�GI/I Q V Michelle Hartner Deputy City Clerk Attach: License application 1,2129!2611 06:33 7637674679 ANOKA CO SHER PATROL PAGE A C I T X `]O�P ND O 1` i� 7665 CROSSTOWN BOULEVARD N,W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755.6923 • WWW.ANDOVERMN,GOVf THERAPEUTIC MASSAGE ESTABLISHMENT . ,EN LIGATION 1. Naine of Applicant —L- t First Last 2. Applicant's Date of Birth (most be 18 yrs ald) 3. Telephone Number of Applicant 4. home Address of Applicant 5. Address of Business/Premises to be Licensed G. Name of r ,r- 7. Telephone Number for Busin,es remise 8. Legal Description of Businesslpremises to be ' en$ed en Cl 9. Name of Owner of Premises to be Licensed 10. Address of Owner of Premises to be Licensed i 1 I. Within the preceding five years has the applicant or Spbusb- Me"rYcb9vict cfo'tatry- felony, crime or violation of any ordinance other than traffic. If so, provide the state or county of convicti n, Vic date of conviction and the specific crime $0 committed. 12. If the applicant is a corporation list the names, addresses and dates of birth of all persons having a beneficial it1te>test therein (i.e. officers, directors, stockholders). N � 13. 1]eseription of services to be provided. 02106 12/29/2011 06:33 7637674679 ANOKA CO SHER PATROL PAGE 03/06 The information requested in items 1,2,3 and 9 must be provided for all owners, lessees, operators and massage therapists of the proposed therapeutic massage establishment. Insurance! Each applicant for a license shall file with the city a public liability insurance policy or certificate of insurance from a company authorized to do business in the state of Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the therapeutic massage establishment. The policy of insurance shall be in limits of not less than five hundred thousand dollars ($500,000.00). Failure to keep in full force and effect the insurance required herein is grounds for revocation_ Prior to consideration of the application by City Council, an investigation shall be made by the code enforcement officer and the building official to determine compliance with this chapter of all premises proposed to be licensed, and by the County Sheriff's Department of all persons listed on the license application. Applicant and associates in this application will strictly comply with all ordinances of the City. I hereby certify that I have read the foregoing questions and that the answers are true of my own. knowledge, Licenses expire on December 3l" of each year. Lack of payment of annual licensing fee shall be cause .for revocation of license. - SiGnntureorApplir,A�� � Date License Fees:. Single' Application: $200.00 Corporate Application: $300.00 Partnership Application: $300.00 Residential Application: Conditional Use Permit (mror ro r 5a �aui� ror fee:) (fees include investigation fee) Renewal Fee: $150.00 License Amount Paid 15Zi 0­6 Date Paid�?9/ I I_ Ai Sheri t[ City Clerk: ���_.. Deny !�^j y Approve Deny City Council *: Approve I)eny * Council needs to approve Conditional Use Permit requests only. . A M 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN. US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Approve Official Depositories & Banks January 3, 2012 INTRODUCTION u Each year the City Council is required by state law to approve a resolution designating the City's official depositories, supplemental depositories of investments and designating an individual as the approval authority for collateral transactions. DISCUSSION The depositories listed on the attached resolution, are the organizations the City currently conducts business with, and staff is recommending. BUDGETIMPACT None. ACTION REQUIRED The Andover City Council is requested to approve the attached resolution that designates depositories for City funds and designates the City Administrator of the City of Andover as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. submitted, - Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depositories for 2012 are the Andover office of Wells Fargo Bank Minnesota, N.A., the Andover office of US Bank and 1St Regents Bank. BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; US. Bank Institutional Trust; the Minnesota Municipal Money Market Fund; Village Bank; Bank of The West; Northland Securities; Comerica Securities Inc.; Morgan Stanley /Smith Barney.; RBC Dain Rauscher Inc.; UBS Financial Services Inc.; and Morgan Keegan & Company be designated as additional depositories for 2012 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the City Administrator of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 3rd day of January 2012. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk 9 C T Y (0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Designate Official Newspaper DATE: January 3, 2012 INTRODUCTION Each year the City Council must designate the official newspaper of the city where publication of official notices is made. DISCUSSION The Anoka County Union has submitted their proposal to serve as the city's legal newspaper for 2012. The legal publication rate will be $10.75 per column inch (no rate change from 2011). Electronically submitted legals will be $10.25 per column inch (no rate change from 2011). ACTION REQUIRED The City Council is requested to designate the Anoka County Union as the official newspaper for 2012. Respectfully submitted, qN4 � Y 1J� Michelle Hartner Deputy City Clerk Attach: Anoka County Union Proposal ABC Newspaper and WABzC�IVEWSPAPERS � ANOMCOUNn Anoka County Shopper Shipper AxoceCamHm� -&AWSR cLWPMEM -Cmt RA Hn x—, . .:.,T. Division of ECM Publishers, Inc 4101 Coon Rapids Blvd., Coon Rapids MN 55433 R O. Box 99, Anoka, MN 55303 November 22, 2011 Michelle Hartner Deputy City Clerk City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Dear Michelle: It is with great pleasure that we ask to serve as the official newspaper for the City of Andover in 2012. As we continue to implement new changes in the newspaper to improve readership, we feel it's important to provide readers with the city's public notices in addition to news stories, features and photographs of local events we cover each week. We would like to publish your public notices in the Anoka County Union. The legal publication rate for the Anoka County Union as of January 1, 2012, will be $10.75 per column inch. The rate for electronically submitted legal publications will be $10.25 per column inch. You may want to note that this rate remains unchanged from prior years. As a newspaper published in the County of Anoka, we meet the requirements to qualify as an official legal newspaper. We have appreciated your business over the past years and hope that we can be of service to you in 2012 as a locally - owned, weekly community news source. If you have any questions; please feel free to call me at (763) 712 -3532 or email me at jill.donahuena,ecm- ine.com. Thank you for your consideration. Sincerely, Jill Donahue Business Manager Anoka County Union Blaine /Spring Lake Park Life Coon Rapids Herald Anoka County Shopper Phone (763) 421 -4444 Commercial Printing FAX (763) 421 -4315 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Appoint Acting Mayor DATE: January 3, 2012 INTRODUCTION Each year the Mayor appoints an Acting Mayor. DISCUSSION The Mayor is required to appoint an Acting Mayor in the event he is unable to attend a Council meeting. ACTION REQUIRED The City Council is requested to appoint an Acting Mayor for 2012 based upon the Mayor's recommendation. Respectfully submitted, Michelle Hartner Deputy City Clerk 13. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Appoint Standing Committees DATE: January 3, 2012 INTRODUCTION Each year Standing Committees are appointed based upon the recommendation of the Mayor. DISCUSSION The following were appointed in 2011: Public Works Committee: Councilmember Jacobson (Chair) & Councilmember Trude Newsletter Committee: Councilmember Knight (Chair) & Councilmember Bukkila ACTION REQUIRED The City Council is requested to appoint members for the Public Works and Newsletter Committees for 2012 based upon the Mayor's recommendations. Respectfully submitted, Michelle Hartner Deputy City Clerk IV. ANDOVEA T Y O F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Cou CC: Jim Dickinson, City FROM Michelle Hartner, Deputy City Clerk SUBJECT: Schedule 2012 Local Board of Appeal & Equalization DATE: January 3, 2012 INTRODUCTION The Council is requested to select potential dates for holding the 2012 Local Board of Appeal & Equalization. DISCUSSION It is again time to schedule the Local Board of Appeal and Equalization dates. The Anoka County Assessor has indicated they will make every attempt to accommodate City Council/Board of Review dates of choice, but please keep in mind they are scheduling 21 meetings and will need to avoid conflicts for those assessors that will need to attend multiple meetings. The dates for the meeting must fall between April 9, 2012 and May 10, 2012. April 241h and April 261h are not available within that date range. The Council is requested to select at a minimum two potential dates of choice to submit to the County Assessor. ACTION REQUIRED The City Council is requested to select potential dates for holding the 2012 Local Board of Appeal & Equalization. R, je'ssppe(c)tf�ullly1 submitted, Michelle Hartner Deputy City Clerk N O N N LL s H d r. O 2 n ti N N b ti N N d U d Go h N M bU S N 0. N ti U N N q b N M ti oo N N a N , k ,` � t � « « �� t: � � : � �� . t - .. � ., �� �� f . \ : °% /� � ./ ^\ /` �\ N O N ct N .L LL L� r c O 2 Cl) h N ti a ti b N r W h rF ti ti N ho xs> M � ti ti N M U W � b0 � d N U C0 0. N N n N W N b M � O ry h ry } t� t` P <6 D 9 • ANDOVE-A- 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Reschedule February 7, 2012 Council Meeting DATE: January 3, 2012 INTRODUCTION The first Council meeting in February falls on the Major Political Party Caucus. DISCUSSION State Law prohibits Council meetings after 6:00 pm on the Party Caucus. Therefore, Council needs to reschedule the meeting to one of the following: Monday, February 6, 2012 Wednesday, February 8, 2012 ACTION REQUESTED The City Council is requested to reschedule the first Council meeting of February. Staff suggests that the meeting be held on Monday, February 6, 2012 as an Open Space Commission meeting is scheduled on February 8, 2012. ( Respectfully submitted, Michelle Hartner Deputy City Clerk 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule February EDA meeting January 3, 2012 INTRODUCTION 0 The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the first regular February 2012 City Council meeting (the February 7, 2012 City Council meeting will be rescheduled under a separate agenda item.. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Parkside at Andover Station Update 3. Andover Station North Owners Association Update 4. Purchase Agreement/Letter of Intent/Progress Review 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the first regular February 2012 City Council meeting. submitted, NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report January 3, 2012 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Legislative Updates 3. Update on Development/CIP Projects 4. Meeting reminders /Community Events Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. tted, NNDOVE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Agenda -Supplemental Request DATE: January 3, 2012 Item to be removed from the agenda: #7 Approve Used Vehicle Sales License /3138 162 °d Lane NW — Planning Staff has received written correspondence from the property owner that this agenda item be delayed; as such staff is requesting that this agenda item be removed from the agenda. Submitted, 9