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HomeMy WebLinkAboutCC November 4, 1997 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - Tuesday, Novernber 4, 1997 agenda Call to Order - 8:01 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes Bookmark Name minutes Discussion Items 1. Public HearinglDelinquent Utilities utilities 2. Rezoning Continued/15XXX Hanson Blvd. NW/Chesterton Partnership chesterton 3. Discuss Slow No-Wake Ordinance/City of Ramsey Response nowake 4. Discuss Request from Ashford Development/Building Permits/97-8/Chesterton Commonsdisc978 5. Revise Tax Increment Finance District 1-1 revise Staff. Committees. Commissions 6. Schedule Special Meeting/UP A Substation Expansion upa Non-Discussion/Consent Items 7. Accept Withdrawal of Special Use Permit/McLean/4360 - 144th Lane NW mcIean 8. Approve Ord. No. 215/Seasonal Weight Restrictions ord215 9. Amend Ord. No. 233/Dogs and Cats ord233 10. Approve Ord. No. 239/Uniform System for Numbering Properties ord239 11. Approve Ord. No. 212A1Changing/Renaming Streets ord212a 12. Approve Ord. No. 242/Waiving Ordinance Requirements During Emergency Situations ord242 13. Approve Ord, No. 243/Cit'j Council Rulcs ord243 14. Approve Ord. No. 237/Burning ord237 15. Approve Change Order #1/95-24/Extension of Time/Coon Creek Bikeway/Walkway Trail co19524 16. Approve Feasibility Report/96-16/14220 Crosstown Blvd. NW appr9616 17. Request Speed Study/ Anoka County/Bunker Lake Blvd. NW speed 18. Accept Petition/95-5/14122 Prairie Road NW/SS pet955 19. Approve Change Orders/96-15/Public Works cos9615 20. Approve Final Payment/97-25/Fencing fpay9725 21. Approve ContractlPeach Associates peach 22. Approve Change Orders #2 (94-33B) & #2 (94-33C)/IncIude Environmental Clean Up/ co9433bc Mom's Auto Salvage Yard 23. Redeem G.O. Improvement Bonds of 1978 24. Approve HiringlSecretary/Receptionist bonds hiring Mayor/Council Input Payment of Claims Adjournment CITY OF ANDOVER REQUBTFORCOUNC~ACTION DATE: November 4, 1997 AGENDA SECTION Approval of Minutes ORIGINATING DEPARTMENT City Clerk JJ ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: October 21, 1997 Special Meeting (Kunza absent) October 21,1997 Regular Meeting J , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 4.1997 Discussion Public Hearing ORIGINATING DEPARTMENT Finance c::si2""" Jean D. McGann AGENDA SECTION lITEM NO. I. Assessment Hearing/Certify Delinquent Utility Bills BACKGROUND: I The owners of the parcels with delinquent sewer, water and/or street lighting service charges have been notified of the proposed assessment and certification process. The delinquent balance for the proposed assessment totaled $34,694.92 as of October 24,1997. Notice of the assessment hearing was mailed to affected property owners on October 7,1997. Payments received through October 24 have been applied to the delinquent accounts, reducing the delinquent balance to $34,694.92. An administrative fee equal to 15 percent of the delinquency plus interest of 8 percent is added to each delinquent account. Therefore, the total assessment for delinquent sewer, water and street light services is $42,674.75. REQUEST: The Andover City Council is requested to approve the attached resolution adopting the assessment roll after the Council has met, heard and passed upon all objections for delinquent sewer, water and street lighting service charges. The resolution adopting the assessment roll is attached. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER AND/OR STREET LIGHTING SERVICE CHARGES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment fro the delinquent sewer, water and/or street lighting service charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and rnade part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract ofland therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 1998 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessrnent on such property with interest accrued to the date of payment, to Anoka Electric Cooperative, except that no interest shall be charged ifthe entire assessment is paid within 30 days frorn the adoption of the resolution. Motion by Council member , seconded by Council member and adopted by the City Council of the City of Andover on this 4th day of November, 1997. CITY OF ANDOVER ATTEST: Victoria V olk - City Clerk J.E. McKelvey, Mayor 1997 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/24/97 Amt. Certified PIN # Service Address Amount IncludinQ 8% 34-32-24-33-0041 2294 133rd Lane NW 109.43 134.60 33-32-24-43-0026 2730 133rd Lane NW 83.90 103.197 32-32-24-43-0066 3535 133rd Lane NW 57.45 70.66 32-32-24-43-0067 3547 133rd Lane NW 246.31 302.96 33-32-24-44-0029 2503 134th Avenue NW 121.41 149.33 33-32-24-43-0010 2657 134th Avenue NW 29.34 36.09 33-32-24-43-0009 2705 134th Avenue NW 34.65 42.62 32-32-24-43-0043 3447 134th Avenue NW 724.42 891.04 34-32-24-44-0059 1772 134th Lane NW 156.72 192.77 34-32-24-43-0030 1879 134th Lane NW 135.14 166.22 34-32-24-43-0013 1982 134th Lane NW 83.26 102.41 34-32-24-33-0016 2373 135th Avenue NW 118.85 146.19 33-32-24-44-0017 2426 135th Avenue NW 538.30 662.11 33-32-24-44-0004 2475 135th Avenue NW 206.09 253.49 33-32-24-44-0012 2486 135th Avenue NW 177.88 218.79 33-32-24-41-0058 2586 135th Lane NW 98.12 120.69 33-32-24-34-0014 2847 135th Avenue NW 26.21 32.24 32-32-24-43-0013 3412 135th Avenue NW 47.85 58.86 32-32-24-43-0012 3422 135th Avenue NW 35.57 43.75 I 32-32-24-43-0010 3442 135th Avenue NW 47.85 58.86 34-32-24-34-0076 2082 135th Lane NW 49.09 60.38 34-32-24-34-0067 2133 135th Lane NW 94.86 116.68 34-32-24-33-0105 2214 135th Lane NW 86.74 106.69 32-32-24-42-0056 3432 135th Lane NW 29.06 35.74 32-32-24-42-0020 3501 135th Lane NW 16.88 20.76 33-32-24-41-0024 2552 136th Avenue NW 375.05 461.31 33-32-24-41-0044 2450 136th Lane NW 69.48 85.46 32-32-24-42-0026 3530 136th Lane NW 47.85 58.86 35-32-24-13-0038 1137 137th Lane NW 113.58 139.70 34-32-24-24-0070 2094 137th Lane NW 162.76 200.19 34-32-24-24-0077 2158 137th Lane NW 46.08 56.68 34-32-24-24-0074 2194 137th Lane NW 362.71 446.13 35-32-24-13-0055 1153 138th Avenue NW 178.73 219.84 33-32-24-13-0063 2646 138th Avenue NW 125.10 153.87 33-32-24-13-0064 2658 138th Avenue NW 20.92 25.73 33-32-24-13-0052 2720 138th Avenue NW 220.73 271.50 32-32-24-13-0038 3437 138th Court NW 62.30 76.63 32-32-24-13-0050 3438 138th Court NW 111.47 137.11 32-32-24-13-0039 3445 138th Court NW 80.74 99.31 32-32-24-13-0049 3446 138th Court NW 18.10 22.26 32-32-24-13-0047 3462 138th Court NW 166.77 205.13 32-32-24-13-0047 3462 138th Court NW 57.19 70.34 34-32-24-23-0014 2303 138th Lane NW 381.14 468.80 32-32-24-11-0009 3297 139th Avenue NW 73.66 90.60 34-32-24-23-0013 2315 138th Lane NW 88.99 109.46 Page 1 1997 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/24/97 I Amt. Certified PIN # Service Address Amount Includina 8% 32-32-24-14-0060 3222 138th Lane NW 100.34 123.42 32-32-24-13-0011 3407 138th Lane NW 184.24 226.62 32-32-24-13-0008 3451 138th Lane NW 60.59 74.53 32-32-24-13-0033 3456 138th Lane NW 161.98 199.24 34-32-24-22-0027 2322 139th Avenue NW 24.69 30.37 33-32-24-21-0052 2955 - 139th Avenue NW 33.60 41.33 33-32-24-21-0053 2971 - 139th Avenue NW 33.60 41.33 32-32-24-24-0043 3694 139th Avenue NW 87.11 107.15 32-32-24-24-0032 3719 139th Avenue NW 446.46 549.15 35-32-24-12-0044 1098 139th Lane NW 292.75 360.08 32-32-24-12-0030 3452 139th Lane NW 67.72 83.30 32-32-24-21-0069 3706 139th Lane NW 108.22 133.11 32-32-24-21-0058 3741 139th Lane NW 22.02 27.08 34-32-24-22-0065 2311140th Avenue NW 47.85 58.86 32-32-24-11-0030 3244 - 140th Avenue NW 33.60 41.33 32-32-24-21-0080 3783 140th Avenue NW 213.51 262.62 32-32-24-22-0009 3855 140th Avenue NW 44.14 54.29 35-32-24-12-0030 1070 140th Lane NW 88.57 108.94 35-32-24-21-0056 1347 140th Lane NW 92.54 113.82 '- 26-32-24-33-0021 1469 140th Lane NW 104.01 127.93 / 26-32-24-33-0035 1502 140th Lane NW 126.18 155.20 34-32-24-21-0014 2064 140th Lane NW 70.69 86.95 33-32-24-11-0039 2539 140th Lane NW 64.99 79.94 33-32-24-12-0027 2718 140th Lane NW 34.65 42.62 32-32-24-12-0003 3545 140th Lane NW 56.90 69.99 32-32-24-21-0005 3617 140th Lane NW 157.25 193.42 36-32-24-22-0047 615 140th Lane NW 18.20 22.39 35-32-24-11-0074 825 140th Lane NW 134.17 165.03 27-32-24-34-0071 2083141stAvenue NW 76.75 94.40 27-32-24-33-0080 2217 141st Avenue NW 47.11 57.95 26-32-24-43-0037 1133141st Lane NW 311.46 383.10 27-32-24-33-0032 2326 141 st Lane NW 209.57 257.77 29-32-24-43-0040 3518 141st Lane NW 30.49 37.50 29-32-24-34-0054 3659 - 141st Lane NW 33.60 41.33 26-32-24-44-0044 924 142nd Avenue NW 93.71 115.26 26-32-24-43-0033 1096 142nd Avenue NW 653.15 803.37 26-32-24-43-0053 1107 142nd Avenue NW 240.43 295.73 29-32-24-43-0088 3441 - 142nd Avenue NW 33.60 41.33 29-32-24-43-0020 3458 142nd Avenue NW 81.55 100.31 26-32-24-44-0050 984 142nd Avenue NW 31.60 38.87 28-32-24-34-0007 2859 142nd Lane NW 34.65 42.62 28-32-24-34-0008 2905 142nd Lane NW 15.55 19.13 \ 29-32-24-43-0063 3490 142nd Lane NW 263.74 324.40 / 26-32-24-32-0083 1563 143rd Avenue NW 345.84 425.38 29-32-24-31-0085 3605 143rd Avenue NW 468.60 576.38 Page 2 1997 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/24/97 Amt. Certified PIN# Service Address Amount Includinq 8% 29-32-24-32-0033 3834 143rd Avenue NW 125.10 153.87 26-32-24-32-0009 1445 144th Avenue NW 456.64 561.67 26-32-24-32-0037 1469 144th Avenue NW 245.51 301.98 26-32-24-32-0079 1558 144th Avenue NW 24.64 30.31 26-32-24-32-0079 1558 144th Avenue NW 359.29 441.93 27-32-24-32-0072 2206 145th Avenue NW 79.81 98.17 30-32-24-14-0083 4138 145th Avenue NW 141.70 174.29 30-32-24-14-0067 4163 145th Lane NW 367.56 452.10 30-32-24-14-0071 4170 145th Lane NW 76.52 94.12 26-32-24-24-0031 1255 146th Avenue NW 106.62 131.14 27-32-24-14-0037 1673 146th Avenue NW 61.05 75.09 27-32-24-14-0037 1673 146th Avenue NW 61.05 75.09 30-32-24-14-0011 4039 146th Lane NW 130.29 160.26 30-32-24-14-0016 3994 146th Lane NW 60.97 74.99 27-32-24-11-0082 1665 147th Avenue NW 49.68 61.11 26-32-24-22-0052 1448 148th Avenue NW 208.95 257.01 26-32-24-22-0034 1481 148th Avenue NW 108.56 133.53 26-32-24-22-0008 1452 148th Lane NW 72.73 89.46 27-32-24-11-0025 1696 148th Lane NW 114.02 140.24 j 27-32-24-11-0012 1717 148th Lane NW 84.66 104.13 27-32-24-11-0010 1747 148th Lane NW 114.94 141.38 08-32-24-43-0002 3537 -166th Lane NW 47.38 58.28 09-32-24-41-0005 2569 -168th Lane NW 59.11 72.71 09-32-24-42-0016 2686 -168th Lane NW 59.11 72.71 09-32-24-42-0015 2762 - 168th Lane NW 59.11 72.71 23-32-24-34-0017 15076 Avocet Street NW 46.19 56.81 32-32-24-22-0062 13964 Aztec Street NW 145.16 178.55 32-32-24-22-0058 14028 Aztec Street NW 342.46 421.23 32-32-24-22-0052 14072 Aztec Street NW 217.21 267.17 29-32-24-32-0020 14450 Aztec Street NW 111.49 137.13 26-32-24-31-0025 14216 Bluebird Street NW 56.28 69.22 26-32-24-31-0024 14236 Bluebird Street NW 119.55 147.05 26-32-24-31-0017 14378 Bluebird Street NW 80.35 98.83 26-32-24-31-0026 14379 Bluebird Street NW 123.82 152.30 26-32-24-23-0056 14554 Bluebird Street NW 169.54 208.53 26-32-24-24-0015 14677 Bluebird Street NW 100.54 123.66 23-32-24-34-0008 14971 Bluebird Street NW 172.08 211.66 23-32-24-33-0072 15101 Bluebird Street NW 51.68 63.57 33-32-24-14-0018 2461 Bunker Lake Blvd NW 342.60 421.40 33-32-24-32-0039 3112 Bunker Lake Blvd NW 37.50 46.13 27-32-24-32-0019 2312 So. Coon Creek Drive NW 239.17 294.18 27-32-24-32-0020 2320 So. Coon Creek Drive NW 19.74 24.28 29-32-24-42-0029 3419 So. Coon Creek Drive NW 243.25 299.20 I 29-32-24-42-0025 3455 So. Coon Creek Drive NW 122.01 150.07 29-32-24-42-0009 3458 So. Coon Creek Drive NW 61.61 75.78 Page 3 1997 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/24/97 ; Amt. Certified PIN# Service Address Amount Includinq 8% 35-32-24-22-0010 13879 Crane Street NW 98.23 120.82 26-32-24-33-0046 14216 Crane Street NW 23.74 29.20 33-32-24-12-0043 13943 Crocus Street NW 65.37 80.41 27-32-24-33-0056 14270 Crosstown Blvd NW 143.22 176.16 27-32-24-31-0008 14351 Crosstown Blvd NW 462.45 568.81 27-32-24-31-0004 14352 Crosstown Blvd NW 49.20 60.52 27-32-24-31-0004 14352 Crosstown Blvd NW 133.76 164.52 33-32-24-13-0060 13784 Crosstown Drive NW 53.64 65.98 35-32-24-23-0035 13814 Drake Street NW 21.97 27.02 26-32-24-32-0047 14354 Drake Street NW 164.03 201.76 26-32-24-22-0021 14794 Eagle Street NW 81.16 99.83 23-32-24-33-0008 14968 Eagle Street NW 64.59 79.45 23-32-24-33-0004 15024 Eagle Street NW 20.99 25.82 33-32-24-21-0051 13910 Eidelweiss Street NW 33.60 41.33 33-32-24-21-0050 13920 Eidelweiss Street NW 29.47 36.25 33-32-24-21-0048 13940 Eidelweiss Street NW 33.60 41.33 30-32-24-41-0010 14392 Eldorado Street NW 118.94 146.30 30-32-24-41-0016 14447 Eldorado Street NW 176.48 217.07 30-32-24-14-0043 14511 Eldorado Street NW 125.10 153.87 \ 27-32-24-14-0013 14601 Grouse Street NW 113.72 139.88 I 27-32-24-14-0033 14650 Grouse Street NW 56.73 69.78 27-32-24-14-0008 14651 Grouse Street NW 301.90 371.34 27 -32-24-11-0076 14681 Grouse Street NW 270.00 332.10 27-32-24-11-0068 14749 Grouse Street NW 409.38 503.54 33-32-24-33-0007 13448 Heather Street NW 41.25 50.74 33-32-24-23-0017 13887 Heather Street NW 195.11 239.99 33-32-24-21-0043 13917 Heather Street NW 33.60 41.33 33-32-24-21-0045 13945 Heather Street NW 33.60 41.33 33-32-24-42-0041 13594 Hidden Creek Drive NW 165.50 203.57 34-32-24-44-0066 13323 Ibis Street NW 119.84 147.40 27-32-24-14-0081 14540 Ibis Street NW 556.50 684.50 27-32-24-14-0020 14565 Ibis Street NW 152.82 187.97 33-32-24-22-0024 13942 Ivywood Street NW 207.47 255.19 34-32-24-44-0054 13343 Jay Street NW 51.61 63.48 34-32-24-44-0025 13485 Jay Street NW 80.05 98.46 27-32-24-14-0055 14664 Jay Street NW 61.61 75.78 27-32-24-14-0054 14676 Jay Street NW 74.88 92.10 27-32-24-11-0103 14712 Jay Street NW 80.42 98.92 27-32-24-11-0089 14717 Jay Street NW 204.65 251.72 27-32-24-11-0102 14724 Jay Street NW 172.10 211.68 27-32-24-11-0005 14824 Jay Street NW 111.55 137.21 33-32-24-33-0026 13444 Jonquil Street NW 41.25 50.74 29-32-24-41-0033 14367 Jonquil Street NW 128.80 158.42 j 29-32-24-41-0035 14391 Jonquil Street NW 24.61 30.27 29-32-24-41-0036 14409 Jonquil Street NW 202.73 249.36 Page 4 1997 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/24/97 / Amt. Certified PIN # Service Address Amount IncludinQ 8% 29-32-24-14-0027 14512 Jonquil Street NW 275.88 339.33 29-32-24-14-0023 14541 Jonquil Street NW 37.47 46.09 29-32-24-41-0017 14411 Kerry Street NW 251.75 309.65 29-32-24-14-0015 14525 Kerry Street NW 211.71 260.40 29-32-24-14-0009 14542 Kerry Street NW 74.66 91.83 34-32-24-43-0066 13321 Killdeer Street NW 30.88 37.98 32-32-24-41-0049 13643 Marigold Street NW 154.89 190.51 32-32-24-41-0045 13662 Marigold Street NW 66.61 81.93 08-32-24-44-0014 16629 Marigold Street NW 46.82 57.59 32-32-24-44-0042 13411 Narcissus Street NW 68.97 84.83 32-32-24-41-0019 13564 Narcissus Street NW 33.60 41.33 33-32-24-13-0069 13761 Northwood Drive NW 92.45 113.71 36-32-24-22-0022 13957 Norway Street NW 63.58 78.20 36-32-24-22-0011 13958 Norway Street NW 67.87 83.48 36-32-24-22-0017 14006 Norway Street NW 146.24 179.88 32-32-24-14-0011 13838 Orchid Street NW 79.41 97.67 29-32-24-44-0007 14197 Orchid Street NW 134.04 164.87 35-32-24-14-0046 13910 Palm Street NW 21.43 26.36 34-32-24-34-0025 13330 Partridge Street NW 20.51 25.23 I 27-32-24-31-0014 14357 Partridge Street NW 119.74 147.28 32-32-24-43-0081 13320 Poppy Street NW 121.65 149.63 32-32-24-13-0037 13816 Quay Street NW 244.82 301.13 32-32-24-13-0036 13822 Quay Street NW 145.30 178.72 32-32-24-12-0066 13983 Quay Street NW 132.21 162.62 29-32-24-43-0082 14206 Quay Street NW 33.60 41.33 29-32-24-43-0083 14212 Quay Street NW 33.60 41.33 29-32-24-43-0087 14217 Quay Street NW 8.00 9.84 29-32-24-43-0084 14218 Quay Street NW 8.13 10,00 29-32-24-43-0086 14223 Quay Street NW 33.60 41.33 29-32-24-43-0085 14224 Quay Street NW 33.60 41.33 35-32-24-11-0023 14014 Quince Street NW 33.20 40.84 26-32-24-44-0007 14128 Quince Street NW 65.85 81.00 26-32-24-44-0031 14181 Quince Street NW 26.40 32.47 34-32-24-24-0032 13788 Quinn Street NW 22.38 27.53 34-32-24-24-0053 13754 Quinn Street NW 136.84 168.31 34-32-24-24-0052 13760 Quinn Street NW 123.78 152.25 34-32-24-21-0020 14017 Quinn Street NW 33.28 40.93 34-32-24-23-0032 13763 Raven Street NW 128.05 157.50 34-32-24-23-0045 13776 Raven Street NW 59.12 72.72 34-32-24-23-0042 13814 Raven Street NW 137.78 169.47 34-32-24-23-0026 13835 Raven Street NW 170.12 209.25 34-32-24-23-0021 13890 Raven Street NW 110.99 136.52 , 34-32-24-22-0043 14056 Raven Street NW 25.18 30.97 I 27-32-24-32-0046 14385 Raven Street NW 84.69 104.17 32-32-24-13-0028 13872 Rose Street NW 461.59 567.76 Page 5 1997 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/24/97 Amt. Certified PIN # Service Address Amount IncludinQ 8% 29-32-24-43-0081 14209 Rose Street NW 33.60 41.33 29-32-24-43-0075 14210 Rose Street NW 33.60 41.33 29-32-24-43-0076 14220 Rose Street NW 33.60 41.33 29-32-24-43-0079 14229 Rose Street NW 33.60 41.33 29-32-24-43-0078 14240 Rose Street NW 33.60 41.33 29-32-24-42-0060 14410 Round Lake Blvd NW 47.85 58.86 29-32-24-13-0004 14516 Round Lake Blvd NW 181.55 223.31 32-32-24-43-0035 13317 Silvered Court NW 75.29 92.61 32-32-24-13-0023 13853 Silverod Court NW 182.99 225.08 32-32-24-13-0016 13864 Silverod Court NW 89.33 109.88 32-32-24-12-0055 14001 Silverod Street NW 225.75 277.67 32-32-24-12-0059 14059 Silverod Street NW 138.22 170.01 29-32-24-43-0068 14208 Silverod Street NW 172.93 212.70 29-32-24-43-0068 14208 Silverod Street NW 14.27 17.55 29-32-24-43-0072 14223 Silvered Street NW 33.60 41.33 34-32-24-33-0091 13487 Swallow Street NW 20.80 25.58 34-32-24-33-0087 13505 Swallow Street NW 83.26 102.41 34-32-24-33-0085 13514 Swallow Street NW 123.62 152.05 35-32-24-14-0010 13825 Sycamore Street NW 103.20 126.94 35-32-24-14-0011 13835 Sycamore Street NW 57.80 71.09 10680 Tamarack Street NW 26-32-24-41-0038 14316 Tamarack Street NW 60.94 74.96 27-32-24-33-0049 14273 Thrush Street NW 12.57 15.46 32-32-24-21-0031 13977 Tulip Street NW 94.76 116.55 32-32-24-21-0040 13980 Tulip Street NW 36.51 44.91 32-32-24-24-0064 13770 Underclift Street NW 30.85 37.95 32-32-24-21-0014 14018 Underclift Street NW 58.01 71.35 32-32-24-21-0008 14054 Underclift Street NW 110.11 135.44 29-32-24-34-0040 14225 Underclift Court NW 123.32 151.68 34-32-24-22-0011 13930 Uplander Street NW 31.50 38.75 27-32-24-33-0017 14283 Uplander Street NW 118.21 145.40 35-32-24-13-0036 13764 Vale Street NW 357.33 439.52 35-32-24-13-0033 13778 Vale Street NW 41.62 51.19 35-32-24-13-0031 13788 Vale Street NW 179.52 220.81 26-32-24-43-0006 14231 Vale Street NW 255.08 313.75 26-32-24-42-0036 14435 Vale Street NW 201.16 247.43 26-32-24-42-0033 14471 Vale Street NW 35.59 43.78 32-32-24-24-0056 13788 Vintage Court NW 180.02 221.42 29-32-24-31-0121 14416 Vintage Street NW 27.16 33.41 32-32-24-23-0011 13892 Woodbine Street NW 94.77 116.57 32-32-24-23-0011 13892 Woodbine Street NW 261.92 322.16 32-32-24-23-0010 13918 Woodbine Street NW 131.14 161.30 32-32-24-23-0009 13936 Woodbine Street NW 160.22 197.07 j 29-32-24-31-0116 14338 Woodbine Street NW 93.22 114.66 33-32-24-44-0058 13365 Wren Street NW 139.54 171.63 Page 6 . 1997 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/24/97 Amt. Certified PIN # Service Address Amount IncludinQ 8% 33-32-24-44-0025 13426 Wren Street NW 48.03 59.08 33-32-24-44-0011 13510 Xavis Street NW 47.85 58.86 33-32-24-44-0009 13532 Xavis Street NW 117.71 144.78 33-32-24-41-0039 13659 Xavis Street NW 498.94 613.70 29-32-24-31-0108 14349 Xenia Street NW 227.98 280.42 26-32-24-42-0015 14329 Xeon Street NW 452.70 556.82 26-32-24-42-0008 14423 Xeon Street NW 37.07 45.60 26-32-24-24-0053 14565 Yellowpine Street NW 104.11 128.06 23-32-24-34-0061 15069 Yellowpine Street NW 161.54 198.69 32-32-24-22-0035 13980 Yucca Street NW 78.82 96.95 32-32-24-22-0008 14015 Yucca Street NW 23.42 28.81 29-32-24-32-0025 14490 Yucca Street NW 57.94 71.27 33-32-24-11-0019 14013 Yukon Street NW 35.86 44.11 35-32-24-24-0036 13760 Zilla Street NW 77 .43 95.24 TOTALS 34,694.92 42,674.75 J Page 7 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1997 ITEM NO. REZ 97-06, Cont. Rezone from R-l to M-2 Section 22 O{. Chesterton Partnership ORIGINATING DEPARTMENT Planning John Hinzman, j"W~ City Planner AGENDA SECTION Discussion Item, Cont. Request The City Council is asked to review the rezoning request of Chesterton Partnership to rezone +/- 60 acres from R-l, Single Family Rural to M-2, Multiple Dwelling The site is located in Section 22 between Nightingale Street NW and Hanson Boulevard NW, generally north of Oak View Middle School. Backl!:round The Planning and Zoning Commission voted 3-2 (2 absent) to deny the application at the August 26, 1997 meeting. An inability to properly review the proposal because of insufficient information relating to the development was cited as a reason for denial. The Commission was also concerned about the health, safety, and general welfare of the residents as well as increased traffic and multi-level buildings. The item was tabled at the request of the applicant at the September 16, October 7, and October 21, 1997 meetings in order to develop a site plan and define senior housing. Staff has met with the applicant to formalize a definition of senior housing and plans for the proposed area. Results will be presented at the meeting. Please see the attached minutes and staff report from the September 16 and October 21, 1997 City Council Meetings and August 26 Planning and Zoning Commission Meeting for more information. " , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION DENYING AN AMENDMENT TO ORDINANCE 8, SECTION 6.03 TO REZONE PROPERTY FROM R-l, SINGLE FAMILY RURAL TO M-2, MULTIPLE DWELLING OF CHESTERTON PARTNERSHIP LOCATED IN SECTION 22 (pIN 22-32-24-11-0002) WHEREAS, Chesterton Partnership has requested an amendment to Ordinance 8, Section 6.03 to rezone property from R-l, Single Family Rural to M-2, Multiple Dwelling located in Section 22, legally described as follows: The most northerly sixty acres of the Northeast Quarter of Section 22, Tm.",nship 32, Range 24, Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not met the criteria for granting a rezoning pursuant to Ordinance No.8, Sections 5.03; and / WHEREAS, a public hearing was held, and concern was expressed about the lack of a development proposal for the property. WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the rezoning as requested. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and denies the rezoning on said property for the following reasons: 1) Lack of information on the development of the parcel to assess effects on the health, safety, and general wefare of the City. 2) Potential for increased traffic and multi-level buildings. Adopted by the City Council of the City of Andover on this 4th day of November. 1997. CITY OF ANDOVER lE. McKelvey, Mayor ATTEST: " / Victoria V olk, City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended from R-l, Single Family Rural to M-2, Multiple Dwelling at 15xxx Hanson Boulevard NW (pIN 22-32-24-11-0002) as shown on the attached map and legally described as follows: The most northerly sixty acres of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota. NOTE: All other Section of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. / 1997. Adopted by the City Council of the City of Andover on this 4th day of November, CITY OF ANDOVER ATTEST: I.E. McKelvey, Mayor Victoria Volk, City Clerk , / I SENIOR HOUSING SURVEY Conducted 10/27/97 Question -- How is the "senior only" clause regulated in your city? Ci Ham Lake Lino Lakes Blaine Coon Rapids Chanhassen Anoka Maplewood Hastin s Fridley J Ma Ie Grove Champlin Contact Doris Nivela Sharmin al-Jarif Jason LindaW Ken Roberts Matt Weiland Barbara Dacey John Cox S lvia Frolik Julie Clima Results Contact Tim Yantos, Anoka County HRA -- Enforced throu bondin a eement. No Res onse Ci owned facili , enforces a e re uirement Separate requirements for senior housing in zonin ordinance. Enforced throu h bondin No Res onse CUP required in some multiple districts -- Condition of financin No Res onse CUP required in some multiple districts -- Condition of financin Ci owned, enforced a e re uirement Only one facility, set up as exclusive -- Problems with enforcement of a e re uirement No facilities Senior onl clause a condition ofPUD , Regular Andover City Council Meeting . /' . .ltd-lo inutes - October 21, 1997.. I eC&M.?#k dec,~~a.i.~A-.A>~ P e 4 C{ dd'i:f'\a +0 (Y1<?Ii1-fa1 I' oF- ~:eq)e,;-R41-- -+~~(\9 ~he. e/l"ft.-e lel1<j+VI ofhe f,.ves/y/I / JeTty Windschitl Ashford Development - sta d these lots were the group of interim lots of the Watershed Board where the back was taken in ea ent and additional pipe put in the ground that is not part of Crown Pointe East This is the last lot i at category. A future property owner now wishes to construct a house on the lot, and this will correc he easements. The recommendation of the Staffis correct; he agrees with the proposal as presented, . eluding the extra five feet along the western property boundary. Mayor McKelvey opened the heari for public testimony. There was none , j Motion by Knight, Seconded by Dehn, to close the hearing. "'/otion by Dehn, Seconded by Kunza, the Resolution placed in front of the Cou '1 this evening granting the vacation of easement request of Ashford Development Corporation to . clude the amended verbiage that Mr. Hinzman has indicated regarding the 100-year flood area. (See R lution R256-97) Motion carried unanimously. 7:34 p.m. ~. '. REZONING CONTINUEDI15XXX HANSON BOULEVARD NWICHESTERTON)?- If PARTNERSHIP Mr. Hinzman reviewed the request of Chesterton Partnership to rezone approximately 60 acres in Section 22 between Nightingale Street and Hanson Boulevard, north of Oak View Middle School, from R-l, Single Family Rural to M-2, Multiple Dwelling. The item was tabled at the request of the applicant at the September 16 and October 7, 1997, meetings to develop a definition and plan for senior housing on the site. Jeny Windschitl Chesterton Partnership - stated he is still having great difficulty talking about this. He is being advised that if he talks about it, someone has the potential of misunderstanding it and charging him with age discrimination. Given the very complex federal law, it is difficult for him to make any type of commitment. Mr. Carlberg has been trying to be helpful in providing information, / which he received and appreciates. Mr. Carlberg stated under the Human Rights act, an exemption _ to the discrimination of age based on certain categories is allowed. He talked with the Anoka County Community Development department, who provided language on senior housing. The League of Minnesota Cities has also provided ordinances from other cities. There are ways of constructing housing for seniors, as other cities such as Ham Lake, have done. He will make / Regular Andover City Council Meeting Minutes - October 21, 1997 Page 5 (Rezoning15= Hanson Boulevard/Chesterton Partnership, Continued) that information available to the Council, but further research on the law is needed. Councilmember Orttel understood Coon Rapids is also in that process. Attorney Hawkins felt there are vehicles for this to be accomplished, but it is incumbent upon the applicant to bring something to the Council, a proposal on how the area will be developed. Mayor McKelvey noted the Council has said an apartment building would be acceptable as long as it is for seniors. He did not have a problem with town homes as long as they are being sold, but he felt an apartment building must be for seniors. " Mr Windschitl - stated he would not mind researching this further. He stated in other cities, the market is bringing in the senior housing, which he did not think is discriminatory. The problem is having some definitive statement that says this is only for one group of people. Designating a specific age requirement would prevent a son or daughter from moving in with an elderly parent as the care giver. There has been some discussion about their selling the property. Mr. Windschitl stated their intent is to develop the property, not sell it. Attorney Hawkins recommended the developer contact the City ofLino Lakes where a senior housing complex has recently being developed. , I The Council noted that in most cases, a developer will come in with a specific proposal and site plan of what will be developed on the site in conjunction with a rezoning request. Without that specific proposal, the options are to change the ordinance to include a zone specifically for senior housing or to contract zone v.ith the property owner. While the amendment to the Comprehensive Plan did not specifically mention it, the Council specifically recalled that when the land use for this property was designated for multiples, it was done so with the understanding and intent that it would be for senior housing. In the Council discussion, most did not have a problem with empty-nester town homes or a mixed use like a day care in the development or an apartment facility for seniors similar to the one in Ham Lake on Bunker Lake Boulevard. They wanted assurances, however, that once rezoned, that is how the property will be developed. It was suggested other cities be contacted for the procedures they use in their senior housing developments. Mr Windschitl - stated he would do additional research, specifically with Coon Rapids, Blaine and Lino Lakes. He would also meet with Mr. Carlberg and Mr. Hinzman and agreed to tabling the item to the November 4 Council meeting. Mayor McKelvey then asked for a motion to table the item to the November 4 meeting. lv/orion by Dehn, Seconded by Kunza, to so move. Motion carried unanimously. / T BAR/OPERATION OF BALL FIELDS Mr. Carlberg explained the City received a pet! . residents regarding the noise that is audible _ from the property line of Po v's Sports Bar, 1851 Bunker a levard NW. Apparently there Regular Andover Ci ty Council Meeting Minutes - September 16, 1997 \ Page 7 ~EZONING/15XXX HANSON BOULEVARD NW/IP97-06/CHESTERTON PARTNERSHIP Mr. Hinzman reviewed the request of Chesterton Partnership to rezone a 60-acre parcel between Nightingale Street NW and Hanson Boulevard NW from R-1, Single Family Rural, to M-2, Multiple Dwelling. The site is scheduled for MUSA expansion between the 1995-2000 and 2000-2005 time frame. A comprehensive plan amendment that was recently adopted changed the land use designation for the site to RM, Residential Medium. The applicant proposed to develop the land as a senior housing facility. The Planning Commission is recommending denial of the application citing insufficient information relating to the development. They were also concerned with the health, safety and general welfare of the residentd as well as increased traffic and multi-level buildings. The M-l and M-2 multiple zones are the closest designation to the RM classification in the comprehensive plan. The Council discussed what is allowed in the multiple dwelling zonings. They expressed concern with granting a blanket multiple zoning without tying it to a specific development plan. Without a plan, it is real open ended. They recalled the property was designated RM' in the comprehensive plan because of the proposal by the property owner to develop senior housing. While they applauded a senior housing ,development, without a development plan, rezoning this area would leave lit opened ended and allow other types of multiple developments as well. Mr. Hinzman stated a development plan is not a necessary process for rezoning. Councilmember Orttel noted this rezoning basically replaces the one that was across Hanson Boulevard. When that switch took place, the Council did not appear to have a problem with the multiple zoning. The developer could have developed a portion of Chesterton Commons with multiple housing. Attorney Hawkins advised that the City can contract rezone property for specific development, though both the City and the developer must agree. Mr. Carlberg noted the discussion at the tim~ this property was being considered for an RM designation was that it be developed as senior housing; however, that was not a condition of the designation. Jerrv Windschitl. Chesterton Partnership - stated he is trying to rezone the property so it conforms to the comprehensive plan. He doesn't want to invest thousands of dollars in a plan only to find out that it is not accepted because the property is not properly rezoned. He wants the rezoning in place before he spends the money for the development. He intends to proceed with the development as soon as possible. Mr. Windschitl was also reluctant to contract rezone the property because of the legal ramifications related to senior housing. Senior housing is a difficult term to define, as there are all kinds of senior housing projects. They never intended to do acute or assisted living care. He )also noted the amendment to the comprehensive plan was not tied to , senior housing. There was further Council discussion on the multiple zonings. noted that the M-2 zone is the closest match to the RM zone It was in the Regular Andover Ci ty Council Meeting Minutes - September 16, 1997 \ Page 8 (Rezoning/15XXX Hanson Blvd /97-06/Chesterton Partnership, Continued) comprehensive plan. Staff explained the process of the zoning done for Presbyterian Homes for a senior-housing development on Bunker Lake Boulevard '.!RElre a esatraet re;fiel"lil.~. "a~ -l",w::. The Council again reiterated their understanding that when the comprehensive plan was amended to an RM designation for this property, it was done so specifically because of the proposal of the property owner that it would be developed as senior housing. Staff explained that normally they will see a rezoning request at the same time a preliminary plat is being presented. MOTION by Dehn, Seconded by Kunza, the Resolution denying an amendment to Ordinance a, Section 6.03 to rezone property from R-l, Single Family Rural to M-2, Multiple Dwelling of Chesterton Partnership located in Section 22 as presented in the packet. DISCUSSION: Mr. Carlberg noteJ that a denial this evening will mean that the owner cannot make application again for the rezoning for a year. Councilmember Orttel thought by then the property may be rezoned anyway because of the legal requirement to update the zoning map to conform with the comprehensive plan. The Council discussed acceptable types of senior housing such a twin homes or apartments similar to what was constructed in Ham L~ke on Bunker Lake Boulevard, the empty-nester type housing. It is the use that is of concern, not the specific layout of the property. Also, it "Jas not the intent of the Council to hold up the development but to have an agreement on the use. The preference was to contract rezone the property to be used for some type of senior housing. It was suggested the item be tabled rather than denied to give the developer a chance to come up with a definition of senior housing that would be acceptable to the City Council. Councilmembers Kunza and Dehn withdrew the Second and the Motion. MOTION by Knight, Seconded by Dehn, to table this until the next regular meeting. DISCUSSION: Staff noted the next meeting is a few days beyond the deadline for acting on the rezoning request. Council asked the developer if he would waive that deadline to allow it to be discussed at the October 7 meeting. Mr. Windschitl verbally agreed. Motion carriej unanimously. BUNKER LAKE BOULEVARD NW/IP97-07/PRESBYTERIAN HOMES OF Mr. Hinzman request of Presbyterian Homes of Minnesota to rezone a +/ l.la-acre parc rom SC, shopping Center to M-2, Multiple Dwelling and an a-acre parcel 'from. R-4, Single Family Urban to M-2, Multiple Dwelling at 3331 Bunker Lake Boulevard NW. The applicant proposes to develop the land as a 144-unit senior housing facility known 'g The Farmstead. A comprehensive plan amendment was approved by both ~he City Council and the Metropolitan Council changing- ,the land use designation for the site to RM-2, Residential-Multiple Dwelling. The Planning Commission has recommended approval of the request. ~, CITY of ANDOVER Regular Planning and Zoning Commission Meeting - August 26, 1997 . Minutes . . The Regular Bi-Monthly meeting of the Andover Planning and Zoning Con'unission .. was called to. order by Chairperson Randy Peek at 7:00 p.m., Tuesday, August26, 1997 at the Andover City HaIl, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners Present: Apel, Barry, Gamache (arrived at 7:02), Wells (arrived at 7:03) Commissioners Absent: Luedtke, Squires . .. Also Present: David Carlberg, Community Development Director Jeff Johnson, City Zoningf\,dministrator John Hinzman, City Planner others Approval of Minutes (Commissioner Gamache arrived at this time: 7:02) August 7,1997: Correct as written. . , Motion by Barry, seconded by Apel to approve the minutes of August 7,1997 as written. Motion carried on a 4-yes (Apel, Peek, Barry, Gamache) 3-absent (Wells, Squires, Luedtke) vote. Public Hearing/Amended Special Use Permit-Antennas in Excess of 35 feet in Height/1717 Crosstown Boulevard NWfNextel Communications, Inc. Jeff Johnson noted that a letter was received from Nextel Communications ~IqI1g that their request be withdrawn. Motion by Barry, seconded by Apel to accept the request of Nextel Communications to withdraw their request for an Amended Special Use Permit. Motion carried on a 4-yes (peek, Apel, Barry, Gamache) , 3-absent (Wells, Luedtke, Squires) vote. ,(,,-Public Hearing: Rezoning-R-l, Single Family Rural to M-2, Multiple Family -15xxx 'If' Hanson Boulevard NW (Section 22)-Chesterton Partnership . . (Commissioner Wells arrived at this time -7:03). John Hinzman reviewed the request of Chesterton Partnership to rezone a 60 acre parcel located at 15xxx Hanson Boulevard from R-1, single family rural to M-2, Multiple Dwelling. Mr. Hinzman noted the applicable ordinances and stated that the adjacent land uses are R-1. Chesterton Partnership is proposing to rezone the area in order to construct a senior housing facility. An amendment to the Comprehensive Plan was approved earlier this year to transfer the RM, Residential Multiple Density land use designation from a portion of the Chesterton Commons site to the proposed ~~ - Regular Planning and Zoning Commission Meeting J August 26,1997 - Minutes Page 2 (Chesterton Partnership Rezoning, Cont.) Mr. Hinzman noted that the property is within the Metropolitan Urban Service Area and that municipal service expansion is scheduled in both the 1995-2000 and 2000-2005 zones. Motion by Apel, seconded by Wells to open the Public Hearing. Motion carried on a 5- yes (Apel, Wells, Peek, Gamache, Barry), 2-absent (Luedtke, Squires) vote. Gary Sather, 15532 Nightingale Street NW - asked for more information regarding what type of housing will be in the plat - is it rentals or purchased homes. , J Terry Windschitl, Chesterton Partnership - explained that the first thing they are trying to do is to get the land use in place that is consistent with the Comprehensive Plan. Their intent is to get together with professionals to obtain ideas about what would best fit. They are not looking at any type of facility similar to what Presbyterian Homes is proposing. They are looking at what would be workable for the site and would benefit the city. , Commissioner Wells asked if the proposal would be similar to what is in Coon Rapids by the Middle School as they have many problems because of the apartment buildings. She questioned whether high-rises would be a use in this zoning classification. Mr. Hinzman stated yes, this is the zoning designation for apartment buildings. Commissioner Wells stated that she has a real concern with the proposed land use designation next to a school (Oak View Middle School). Mr. Carlberg explained that there are parcels of single family residential property between this and the school and there is also a large wetland separating them. Mr. Windschitl noted that in the Comprehensive Plan the designation for this property is RM and they are trying to fit into that classification as close as possible. Commissioner Barry asked if Mr. Windschitl has people working on what type of structures will be built. 'Mr. Windschitl noted that it will be senior housing and that very rarely do you see senior housing that is only one story. The one in Ham Lake is either 3 or 4 stories. He explained that their intent tonight is to get the zoning in conformance with the Comprehensive Plan. \ J Mr. Hinzman explained to the audience the land swap that occurred previously noting that 40 acres across the street from this property was designated RU in the Comprehensive Plan and that land use was placed on the 60 acres being reviewed tonight. Gary Sather once again expressed his concern that we don't know what type of housing is going in their and that should be known before the property is rezoned. Regular Planning and Zoning Commission Meeting August 26,1997 - Minutes Page 3 (Chesteron Partnership Rezoning, Cont.) Motion by Barry, seconded by Wells to close the public hearing. Motion carried on a 5- yes, 2-absent (Squires, Luedtke) vote. Commissioner Wells stated that it was her understanding that when we did the land swap this property was to be designated for senior housing. Mr. Hinzman noted that it was in there but it was taken out at the City Council meeting. Commissioner Wells stated that she is against this until we know more of what is going to go in there. Commissioner Gamache also stated that he is against the rezoning at this time for the same reason. Motion by Apel, seconded by Peek to forward to the City Council for their approval the ordinance amendment as prepared by staff changing the zoning district classification to conform to the Comprehensive Plan. '. Discussion: Commissioner Barry stated that the increase in density is a big concern and also the traffic flow has not been looked at. Commissioner Wells asked if the city has enough water to supply this property. Mr. Carlberg stated yes, we have a water plan and this area can be serviced. J Vote on Motion: Yes - Apel, Peek; No - Gamache, Barry, Wells; Absent - Squires, Luedtke. Motion fails on a 2-yes, 4-no, 2-absent vote. Mr. Windschitl asked for the findings of fact to support the denial. Commissioner Wells stated that she voted no because she was under the impression that the property was going to be residential senior housing. Commissioner Gamache noted that he didn't feel the Commission had enough information on what type of housing would be constructed. Commissioner Barry stated that her concerns are the health, safety and general welfare of the residents as well as increased traffic and multi-level buildings. Mr. Carlberg explained that state law requires that after 1995, the Comprehensive Plan prevails and the zoning has to be brought into compliance with the Comprehensive Plan. What Mr. Windschitl is proposing is consistent with the Comprehensive Plan. Pu . earing: Rezoning-R-4, Single Family Urban and SC, Shopping Center to M-2, Multiple . -3331 Bunker Lake Boulevard NW-Presbyterian Homes of Minnesota Mr. Carlberg explained tIia 's item and the next two items deal with the property being platted as The Farmstead. zoning will deal with the land use and its compliance with the Comprehensive Plan. S ecial Use Permit will deal with the buildings, open space areas and the actual concept Is being proposed. The third item is the preliminary plat which relate!> to lot ciimpn!>ion~. P~~PTno...f" ""...'" nhT:":M , ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION August 26, 1997 DATE AGENDA ITEM 4. Public Hearln!!: REZ 97-06 Rezone R-l to M-2, 15xxx Hanson Blvd Chesterton Partnership ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA John Hinzman BY: City Planner BY: Request The Planning and Zoning Commission is asked to review the rezoning request of Chesterton Partnership to rezone a 60 acre parcel from R-l, Single Family Rural to M-2, Multiple Dwelling located at 15xxx Hanson Boulevard NW (pIN 22-32-24-11-0002) and legally described on the attached amendment to Ordinance 8, Section 6.03. Applicable Ordinances Ordinance No.8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). / Ordinance No.8, Section 5.03(B), establishes the criteria for granting a Special Use Permit. These same criteria have been utilized by the City in considering rezoning applications in the past. The criteria include the following: the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land, the existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. Ordinance No.8, Section 6.02, establishes the provisions for minimum lot width, lot depth and lot area in a M-2, Multiple Dwelling zoned district. The minimum requirements in M- 2 district are as follows: , Lot Width at Front Setback Lot Depth Lot Area Per Dwelling Single Family Attached - 150 feet - 150 feet / - 5,000 square feet Page Two Rezoning, R-l to M-2 15xxx Hanson Blvd. NW August 26, 1997 Adiacent Zonin2 and Land Use Adjacent zoning and land use within 350 feet includes the following: North East South West R-l, unplatted rural residences R-l (R-4), vacant~ (proposed Cambridge Capital sketch plan) R-l, vacant R-l, Wittington Ridge Subdivision Back2round Chesterton Partnership is proposing to rezone the area in order to construct a senior housing facility. An amendment to the comprehensive plan was recently approved to transfer the RM, Residential Multiple Density land use designation from a portion of the Chesterton Commons site to the proposed site. General Review The proposed rezoning conforms to both the Metropolitan Urban Service Area (MUSA) map and comprehensive plan. Municipal service expansion is scheduled in both the 1995- 2000 and 2000-2005 zones. In the absence of a sketch plan for the development of the property it is difficult to assess the full effects of the rezoning. Commission Options 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of the rezoning request of Chesterton Partnership to rezone property from R-l. Single Family Rural to M-2 Multiple Dwelling at 15xxx Hanson Boulevard NW, legally described on the attached amendment to Ordinance No.8, Section 6.03. 2. The Andover Planning and Zoning Commission may recommend to the City Council denial of the rezoning request of Chesterton Partnership to rezone property from R-1, Single Family Rural to M-2 Multiple Dwelling at 15xxx Hanson Boulevard NW.legally described on the attached amendment to Ordinance No.8, Section 6.03. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(8). Page Three Rezoning - R-l to M-2 15xxx Hanson Blvd. NW August 26, 1997 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. Attachments A-I Ordinance Amendment A-2 MUSA Map A-3 Zoning Map A-4 Land Use Plan Map A-5 Application for Rezoning A-6 Notice of Public Hearing / ~ !!1 ';j I ~ ~ .., ~ ~ c ~ -- ~ o () 11111111111-- ...: ti z :::::. () ::i III ~ a.. o o o N I to en en ,.... o ,.... o N I to o o N ~X,~].~~\ :;c\,:-~" . !' .~ ",..".;;." OX' '>;'-'.:~ W~~'~ft~ M ,.... i .," :/1. .'j':r.li.;';~' .,',<cft. ~ .~;jefI~(>:. 1(- .\', ...1 ,~.:. . :w." _.__ ~_!.: .' I \. \ l\ ~ . :~f:~+~-~J : l:__~ . ....~lJ' e~':; ..::' .(<fi--~ ,,-r~'~\.'..:,:~f' .~:i .:.'/('~,~: ,. I~' ,,',\ ,::: ..,.........J." .,~...._., I \' ",",'~ rc;" \.-, I ). ,,,~,:>. '._ / ....~ I . ..!'~.'.:'_.J :.t I .: . ~ . ,', I . . , \ ~ i :" ltir- .--" . -,.... '1 ',' J ~L ~~'" ,--- - ~ '- "~~~ ---.-:.-:- . 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':: ..:...:.~.",,:":...: :':...::.:.:..<.:<:he~.~~~;~ ~~.~~ners~~: .: . . . .' .. . . . . .' . .' . . " " . . . .. '. . '. .' . . " 0' . . . . . . . . '. .' . . . .. . . . ,'0' . . .. . .. .' .' . ,'- . '. .,' . . .',.; . . . ", . . . . . " . . . . .. '. . o.. . " . . . " . . . . . . . .". ,'. . . .'. . . ..' . " . . . . .'.. . . . . .' . . . . . . . .. . . . .". . . . . " . . . . ," . . . . . : " " . . '. . " .. . . . . . . . . .' '. . . . '., . . . . ,'.. . .. .' ,'.". .' " . . . ,',' . . ,. . . . . .. . . , .. .' . . . . .. . ". /.~~!!<...~r.~''lQ:~~ .. ~ !of ';-" ~ .~ ,I ,. ."- .i.~ .~ .;" "1o.l. 'f: "'.~~ .#' ~'l':'t;;.~~~~-' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 " REZONING REQUEST FORR Property Address i ~ X,^-)<. I-MI\IS~;J (? Ivd Legal Description of Property: (Fill in whichever is appropriate): S~G A rrM"~'d )..~S4' Ot!.Jc r-I'17#J Lot Block Addi tion PIN ~~-3;<-~Ll-lI-QOO~ (If metes and bounds, attach the complete legal description.) Is the property: Abstract X or Torrens ? (This information must be providea-anG can be obtained from the County.) Reason for Request (6 4?Cz.o""~ ~ dYDk-, f I ~o,,- TLt.. th'v/h-j '0..., I I tvJ.....C/L N (_vi otz.. 7k -n:J "77 " (! I a.,J,l. FiCA TiItJ -' /k.,.", P/~ LItIVd. /oJ S }....O...,..J TvL L A.--cl 4^"dov~ w~ h-t A-- f U H. (lI'tJ ~,_ /u.. /",,-<h ..:_ / R. M- i.lJ Id.~.~. I" , IN:d1l.:''' Current zoning R t Requested Zoning DClIS.-r-t ____________________________________________________~_~~~_~~~~~!~_~W~I~ Signature 3~ '-/0 '1,27- 1;J 17 b--4 i 1z1~ ~ ( . t2lt.-"-.rn.... TIJ.J () Av"TI\/I"-V h. ;P I LA.A.A A-- h/ Name of Applicant Address /.s- ~"" J. Home Phone Business phone '7..27-0 ~Jr Date~ If\ltlt:J7 Property Owner (Fee Owner) (If different from above) S~ Address / Home phone Business Phone Signature Date ". : ........ CITY of ANDOVER' 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA55304 . (612) 755-5100 CITY OF ANDOVER - COUNTY OF ANOKA . STATE OF MINNESOTA' NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p:m.; or as soon thereafter as can be hear~, on Tuesday; August 26, 1997 at Andover City Hall, 1685 Crosstown BoulevardNW, Andover, Minilesota to review the rezoning request of Chesterton P~ership to rezOne 60 aCres' from R -I, Sirlgle Family . Ruraito M-2, Multiple Dwelling on property located at 15m Hanson Boulevard NW :'. (pIN 22-32-24-11-0002) legally described as follows: . ." The most northerly sixty acres of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota. All written and verbal comments will be received at that time. A copy of the application:' will be available for review prior to the meeting at City Hall. u~ d/L, Victoria V olk, City Clerk Publication dates: August 15, 1997 August 22, 1997 . I P~: 143224330002 CAMBRIDGE CAPITAL, INC 941 HILL WIND RD NE #301 , )NNEAPOLIS MN 55432 P~: 153224340001 NIGHTINGALE PARTNERS LLP 840 W BROADWAY FOREST LAKE MN 55025 P~: 153224430003 C~~ALLA~NCEJ&JG 15785 NIGHTINGALE ST NW ANDOVER MN 55304 P~: 153224430004 PUTNAM JERRY & GLORIA 1869 157TII LN NW ANDOVER MN 55304 P~: 153224430005 BLooMSTROM SHELLEY JEAN 15711 NIGHTENGALE NW ANDOVER MN 55304 P~: 153224430006 BLooMSTROM SHElLEY JEAN 15711 NIGHTENGALE ST NW ANDOVER MN 55304 P~: 153224430008 BLOOMSTROM SHELLEY JEAN 15711 NIGHTINGALE ST NW ANDOVER MN 55304 P~: 153224430009 APEL MAYNARD D PO BOX 714 ANOKA MN 55303 P~: 153224440001 APEL MAYNARD D & ELEANORM BOX 714 ANOKA MN 55303 P~: 223224110001 CENTER OAKS 13736 JOHNSON ST NE HAM LAKE MN 55304 -' P~: 223224110002 CHESTERTON PARTNERSHIP 3640 152ND LANE NW ANDOVER MN 55304 P~: 223224120001 CENTER OAKS 13736 JOHNSON ST NE HAM LAKE MN 55304 P~: 223224130015 CENTER OAKS 13736 JOHNSON ST NE HAM LAKE MN 55304 P~: 223224140007 AN HENN IND SCHOOL DIST NO 11 11299 HANSON BLVD NW COON RAPIDS MN 55433 P~: 223224210004 SATIIER GARY M & JOAN E 15532 NIGHTINGALE ST NW ANDOVER MN 55304 P~: 223224210006 GOETZ MICHAEL J & KIM M 15629 OSAGE ST NW ANDOVERMN 55304 P~: 223224210007 MEAGHER ERIN J & DELANA S 15651 OSAGE ST NW ANDOVER MN 55304 P~: 223224210012 ASHFORD DEVELOPMENT CORP ~C 3640 152ND LNNW ANDOVER MN 55304 , . ): 2232242400 11 OLSON ESTHER W 15450 NIGHTINGALE ST NW ANDOVER MN 55304 P~: 233224220001 CAMBRIDGE CAPITAL ~C 299 COON RAPIDS BD NW COON RAPIDS MN 55433 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Discuss Slow-No-Wake Ordinance (Rum River) City of Ramsey Response -3. Staff met with the City of Ramsey a few weeks ago to discuss adopting a slow-no-wake ordinance along the Rum River. Staff informed the City of Ramsey of the our intentions to identify zones or areas that are experiencing the most significant erosion problems as opposed to labeling a slow-no-wake zone for the entire river (see attached map). The City Council of the City of Ramsey met on October 14, 1997 and decided to pursue the route of establishing a slow-no-wake area along the entire Rum River (see attached article in Anoka Union - 10/24/97). As you are aware, at the Joint City Council meeting on April 29, 1997 there was general agreement that the Cities of Ramsey and Andover would draft slow-no-wake ordinances that were similar to that of the City of Anoka (see copy of minutes). Citv Council Options 1. Agree with the City of Ramsey and adopt a slow-no-wake ordinance for the entire Rum River. A public hearing was held on May 27, 1997 at the Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of such ordinance. The ordinance has been reviewed by the Minnesota Department of Natural Resources and is attached for review and approval. 2. Disagree with the City of Ramsey on adopting a slow-no-wake ordinance. Possibly schedule another joint meeting to discuss this issue. rll ,..,._ \ ~D,)::r;1.c.. _ r" '<1..,."'. 'm'Q-" < <"0::;" <" '"~ . Q.o..r\ !""h~ -- ~.. ~Q -V ..0..... 0 OC.... 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X>>>>~C<CDOC"a.C1 ~ ~ ~ ~ ~ CD CD ~~ c: 0 :;;0 -g.g.~~~ fl S'::T" :fm-3 c: < < III III ,. "'cc a. CIl C" ~"C ~ CD CD.'.- C-.r:.CIl_.O 0 ~ CD 0..,."...0' <0 ~ - -'-''''''-CDr-~-''''<-- 'tI... -'CD CDCIlCDCIlIll- ::T-Ill ;:"'CD XO ~ -'., cc 0 OIll~IllCDo.OO OCllIllCD~ -30.-r- _Ill ~_.~ _. OCllr--OX(;"-OIll~o.e,~ C" CD III r- C" 0 ~ 0 ::T a. -cc < 2 '< ~ c: 2. CD 3 C" 30 III < CD::T:; (jj c: .,~., III 31ll --a. r IllCDccC:o"C ~CIl!'lOCD > @- cEF!."E.gDi-f::?CIl . - -.0 _::TV' ~ o~o(t)(I)o o ., CIl _ :1 cn:T"':'O''' CD - ::T "C CIl "CCD "'., .... . -. ".,,' s' ~. t""" ~ I "' r"') ,., .., .... _ <:"'"' -. .. .'" " ..J.:"~'l~-..: l'~iysician teaches Spring Lake Park No-wakel ~s in Emergency Care program CO::~~:~f:~~:~~ would share the cost of post- ing the no-wake'signs: rnihi~' tial estimates, 10 buoysoat $100 apiece would be needed to post the. regulation, Frolik said. It is estimated that the cost of establishing five no- wake zones would require twice as much signage as establishing the whole river, she said. State law prohibits jet skis, from exceeding slow no-wake. speeds in areas of therivero which are less than 200 feet in . width, which describes mbst. of the Rum, she said. :;'; No-wake areas are also in place for areas within 100 feet. of a dock or swim raft. The need for a no-wake area came to light in May dur": ing a meeting of Anoka, Andover and Ramsey COl,lllCil members. Many residents who live along the river bank reported seeing erosion they attribute to watercraft such as jet skis and speedboats. Anoka already established a no-wake ordinance. rican to 90 percent of their ailments. The curriculum includes training in a variety of areqs, including the medical care 6f children, adults and the elderly; prenatal and infant care, includin9 delivery; ambulato- ry care; sports medicine; and health promotion, disease preven- tion and patient education. "Because the health of an entire family and community is interrelat- ed and must be examined in that context, volunteer work is a natural extension of a family physician's office work," Komoto said. 'We as family physicians feel strongly that personal involvement in very important to the overall health of a community. That can mean singing ., >,a t :se un i- that ies ring led ey 1S 85 . , , ..J.... in the church choir, coaching Little League or spending time in a free clinic." The Minnesota Academy of Family Physicians, a professional organization representing more than 2,600 family doctors and medical students, is the state's largest medical specialty society. It is a chapter of the American Academy of Family Physicians, which has more than 84,000 mem- bers. One doctor who is a member of the Minnesota organization and has contributed to his community on a local basis is Dr. Thomas Barringer. the there's also the security of \ knowing that he has a good / paying job, he said. Barringer graduated from the University of Minnesota Medical School and did undergraduate work at both Augsburg College and the University of Minnesota. He performed his residency at Ramsey Medical Center in St. Paul, now named the Regions Medical Center. Barringer would like to continue his involvement in the community as he becomes more experienced and estab- lished in his practice, he said. dif- lies if- md '1 heir ler- ~r- oob_ 1t e (Right) Dr. Thomas Barringer, a St. Francis resident, has become Involved In thljl community by teaching and lecturing students in th\! , Opportunities)n Emergency Care program at Spring Lake Park High School. Photo by L.A. Jones of ;et JY Anoka honors. wrestlers, Lions . D T.1Iantlg<lf l'*~ \~/ ..\.~;::.;- The Anoka City Council honored Anoka High School wrestlers, coaches and par- ents, and the Anoka Lions Club on Oct. 20, for partici- pating in the spring and fall drop-off days. Linda Barthel, commu~ty . development administrative' assistant, said 16 tons were. collected at ihe last dro~off day; . \ - Joe Perrin "'.dO', '-:, .:.'Y;: ..... -;'.. ';'011< <?~;.: ~ --........-..'...'a... . ...... .....?- o~..~;, '. -;.;;.?' .,:),-' )', r: ,: .. ~:,. '., : ~. t .~ -" ,. ~ " ' '. .~ ,'-" :" - ". '. .... , . ;.,..- '-..> A Special Joint Meeting of the Andoyer City Council :.and the Cities 'oE- 'r:~: Anoka and Ramsey was called to order by Mayor Jack McKelveyon April'29}.',S}~., 1997. . 7: 18 p. m. ,at the Andover: City Hall ,1685 ; :Cro~stown' Hanson ,~,/.,:- . Boulevard NW,AIldover,Minnesota., "c:'.. - '.' :- . :/,/.:/. .....-:..: l'."':i~'r; '~"~"<' .,~...,. .: "." :~. ,~ '.7"~;'~': . :.,' '; , .. ''';'' ..;"'.";; ;!';::?~:.r.:;t\:-~?- .c~':~'.-; : . CITY, of ANDOVER. :...'. '. f.:.., : ,,",:::,~.:: ',: ':~' " .:.:" ", ,..'..' " !,> '." ':f~';i\':i.l;~~ . ;:1685 CROSSTOWN BOULEVARD N.W. .ANDOV~R.:MINNESOTA 55304- (612)"755-5100 {J,,!!;:>;, .'. .' ,:", '::'..:.. ," '.'. ,..:.:,.:, ..' . . . ,;"">'':'.;;<;}::'~.:[?J{' SPBCIAL JOINT ANDOVER CITY COUNCIL MBB'l'ING WITH' THB~.. (~~~.;-..~. . CITIBS OP ANO:fCA AND' ~BY - APRIL 2 9,'. 1997.:~ ~ : }:<:"~:~~..::~. .MINUTBS . .'"..,-._", :", -:~~'.::~' ~J:~~:::.~;' Councilmembers. present: . Knight;'Orttel' , Couricilmembers absent: . ',Dehn, Kunza. " . . City 'of Anoka. ' .' , . Mayor Peter Beberg;cciuncilmembers Brian: . ,". .'. '."::' ':" '.:Wesp~ John Mann and Mark Freeburg; City< '.' '. Manager' Mark Nagel : . :'. c' ", :~ .':" . City of Ramsey:. Mayor. Tom Gamec, Councilmembers SheliaB'eyer,:.~>;:.: '. .... :,. Jerry-Zimmerman, Carolyn Beaheil, Natalie ,.:.-:" " Haas-Steffen; !:ity Administrator Ryan: .:, -- :. ".__;.::. . Schroeder' " . . '.' :'-, '.' "':"', '. .-:.., ' .' .'" <':':",:, Aridover City Administrator, : Richard." Fursman<<' :,': . Others" ". , :. 'l . '. Also p're~ent: ...., RIJMRIVBR -NO WAKE- ZONB .'. / - . Joint Meeting or Andover, Anoka and Ramsey Minutes - April 29, 1997 Page 2 (Rum River "No Wake" Zone, Continued) There was general agreement that the Cities of Ramsey and Andover would' draft "No Wake" ordinances similar to that of the City of Anoka, solicit DNR approval, and hold the public hearings. BSTABLISH NEW HUNTING ZONE -r I l<-. 0 ( c9- (p d-... Mr. Fursman stated the City has been alerted by Andover residents of gun shots and stray bullets near the Rum River. He suggested both cities look at where the residents are along the river and redraw the hunting lines accordingly. Representatives from the City of Ramsey stated their ordinance does not allow the discharge of firearms within 1500 feet of any building nor on private property without the written permission of the property owner. They do not have a specified hunting area within the city limits. In reality, the regulations limit hunting to about three pieces of property in the City. They have not heard of any hunting problems in Ramsey. Councilmember Knight thought the problem may be the duck hunters on the river in the fall. There was some discussion with the problem resulting from the r~s~ng deer population and the issue of bow hunting. It was agreed that there is little, if anything, that the City of Ramsey must do regarding hunting regulations and that Andover may want to review its hunting' zones if a problem continues. / CITY SNAPSHOTS, BCONOMIC DEVELOPMENT, GROWTH ISSUBS OF BACH CITY _ TRANSPORTATION ROUTB DEVELOPMENT Mr. Fursman gave a brief synopsis of the City'S rapid residential growth rate, the commercial park that is being developed by the City, and the lot availability. Those present discussed various aspects of growth and development including lot prices, demographics, and the demand for single family detached housing. Mr. Nagel reported on three major projects taking place in the City of Anoka. One is the reconstruction of Ferry Street to four lane from the bridge to Highway 10, which is expected to be completed by November, 1999. The other project is the reconstruction of Charles Horn Pool. Because theomajority of users of the pool are not City residents, Anoka is putting together the statistics which have been asked for by the City of Coon Rapids to consider alternatives methods of other cities contributing to that project. Considerations have been to a one-time contribution by the other cities or establish~.ng residential rates.. The third project is the reconstruction of Goodrich Field. , In discussing the pool usage , representatives from both Ramsey and I Andover expressed an interest in being provided with the statistics gathered by Anoka and the recommendations regarding the costs. ,) , ORDINANCE NO. 231 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE REGULATING THE OPERATION OF WATERCRAFT ON THE RUM RIVER IN THE CITY OF ANDOVER, MINNESOTA. The City of Andover hereby ordains as follows: Section 1. Purpose. -~) / It is the purpose of the City of Andover to regulate the operation and speed of watercraft on the Rum River from the borders of the City of Ramsey and the City of Anoka upstream to the border of the City of Oak Grove. The limitations contained in this ordinance are designed to prevent and limit the erosion which is occurring to the banks and shoreline of the Rum River within the City of Andover. The heavy wake from water skiing, jet skiing and speedboating creates wave action which is eroding the shoreline, banks and bluffs along the river, is adverse to the public's interest in maintaining and preserving the shoreline. People swimming, canoeing and using the river more passively are placed in jeopardy by water skiing, jet skiing and speedboating. This ordinance is designed to protect the health, safety and general welfare of the public. Section 2. Definitions. The following words and phrases, when used in this ordinance shall have the meanings set forth: Person includes an individual, partnership, corporation or any body of persons, whether incorporated or formed as association or not. Operate to navigate or otherwise use a watercraft. Watercraft is as defined in Minnesota Statutes 28B.OOS, Subd. 18. Slow-no-Wake the operation of a watercraft at the slowest possible speed necessary to maintain steerage and in no case greater than five (5) miles per hour. Rum River that body of water which borders the cities of Andover and Ramsey. . J I \'; I Section 3. Regulations. No person shall operate a watercraft of greater than a slow-no wake speed in the Rum River. The slow-no wake zone shall be in effect twenty-four (24) hours a day all year. Section 4. Exemptions. Authorized resource management, emergency and enforcement personnel, when acting in the performance of their duties, shall be exempt from the provisions of this ordinance. Temporary exemptions from this ordinance may be granted by the local law enforcement agency. Section 5. Markings. The Anoka County Sheriffs Department shall be responsible for informing the public, posting notification at all public accesses and marking or buoying areas affected by this ordinance as necessary to give reasonable notice to the speed restrictions established. Section 6. Enforcement. <) / The Anoka County Sheriffs Department and other licensed peace officers, including Conservation Officers of the Department of Natural Resources of the State of Minnesota are authorized to enforce this ordinance. Section 7. Penalty. Any person violating any provision of this ordinance shall be guilty of a petty misdemeanor and upon conviction shall be punished by a fine and/or imprisonment. Section 8. Effective Date. The effective date of this ordinance is thirty (30) days after its passage and publication. Adopted by the City Council of the City of Andover on this _ day of 1997. A TrEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor 2 ~) () C) t~I'f@t!J)ff ~Jr I .,~"l I 'r-'- J~:;:{ _, .., \\ , -L II II -11 I I / r11\wtJCW&= -- )~ I 1,- EE[J~\\\J I \ 7 ) ~ 6~~ ~~, n 1 l,,~s/ IS) I ; '-' ~'S .... 1l."^"lJ,,~a ,~'''l'''''''''':J:"",l . gill III 'U( Nt ... IV\. ~!PH lII)l' - s:lJ1CPU1l08 Sl ....'" _..l-....~ " - --- --- J::lAnJ J::l:lp11W ::If!W ::llWJ!XC -~~- _tl!l""'_ 'Ir.I_.."&3 ---.......1.......,.*0 -.. s:lUOZ ::ll(llA\. - ON' ~~?~- I , ONtlD \ 60t 'J.S ffilE~I . 'J.S J.5 1 .81' ~ 9'9 ('9 ON' - I Z"L 6'9 dWV;) J.nO;)S } I \ . J~ 1"01 --<y r. L"ZI -[][ \ /I I ===i / OJ. WOll.!Jo -) · I HIDmVW3~W -~ ~~ ~ ~ \ \ ,\ "'----M=i ~&U ill1ifil'r ~ Iff I t'e~ CB -.(V .JjJ:::J::. f- ~?,\. ___ jtlj r- ~ I ~<'~ ~ ~~EEhl~ ~~~ IJ'/J- d ~lfj - ~ jt/ L _~:::: / ~~ - \ l I 11 I "'- ~ m~ -m -~ ( - - " ,-SW _ Jr-1- I 806 3:DOnI8 '3:A V HlL 3:AC HI ADI3dO'dd NnZ Non v:: - E -.J ~ -- -- ~ ~ v :7 .'z~ 1(.:" (101 -2S.". '-..:.- ~.' "-'". ~L~>~.~ - \ J~ lY~~ '\<:J / ~ l U ~?5 - '" 2;;; N ~~ 1E L- '---------- ~ ~~-?f<<3ill '" (, -0< 8"6__ . - ~ - -\... SJlNOZJlYYA:l- ON -A:l NFlAlN J :S31.0N 1'L61 palwodIO:lUJ ( IllOS:lUlI!W 'J;!AOPUY JO Al!::> CITY OF ANDOVER REQUEST FOR COUNCIL ACTION .1 DATE: November 4, 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson~G Engineering ITEM NO. Discuss Request from Ashford Development! Building Permits/97-8/Chesterton Commons 4. The City Council is requested to discuss the request from Ashford Development Corp. for receiving building permits for Chesterton Commons, Project 97-8, after Class 5 has been placed in the development. If the City Council approves this request, it should be stipulated that the developer is responsible for any damage to the concrete curb and gutter and contamination of the Class 5 gravel. Any costs associated with damage or repairs due to this request will be the responsibility of the developer. .1 . .1 ~Th .~""",-,.""""",'j"" "'~',--;!")',~....;:..::..,....", .' i\!il1fnr~ IDrurlnpmrut illnrpnratinut'lIur. 3640 - 152nd Lane N.W. · Andover, MN 55304 . 612-427-0435 October 29, 1997 DECFI"VJ'.:\D ~. . f"" OCT 2 S 1997 CITY lJ, Mr. Scott Erickson City Engineer City of Andover 1635 Crosstown Blvd Andover, MN 55304 NW RE: BUilding Permits/Chesterton Commons Dear Mr. Erickson, / Ashford Development Corporation requests that it be allowed to obtain bUilding permits for Chesterton Commons after the class 5 has been placed in the project. Please place this request on the C~ty Council Agenda for November 4, 1997. Thank you. Sincerely, ~tV~ Jerry Windschitl, President Ashford Development Corporation, Inc. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: November 4. t 997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item Administration Richard Fursman ITEM NO. s-: Revise Tax Increment Finance District 1-1 REQUEST: The Andover City Council is requested to approve a resolution to eliminate Lot I, Block 4, Andover Community Shopping Center from Tax Increment Financing (TIF) District No.1-I. The creation of the new TIF District No. 1-3 for the Senior Living facility has caused two districts to over lap. Anoka County will not allow two districts to occupy the same plat, therefore the aforementioned modification is needed. Accompanying this memo please find a resolution approving the elimination of a parcel from TIF ) District No.1-I, and an illustration of the site. Please call with any questions. / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE ELIMINA nON OF A PARCEL FROM TAX INCREMENT FINANCING DISTRICT NO.1 - 1 WITHIN DEVELOPMENT DISTRICT NO.1 OF THE CITY OF ANDOVER Whereas, the City of Andover (The City) has heretofore created Tax Increment Financing No. 1-1 (the "District") within Development District No.1; and Whereas, the City proposes to eliminate Lot 1, Block 4 Andover Community Shopping Center (the "Parcel") from the District thereby reducing the size of the District; and Whereas, since the current net tax capacity of the Parcel to be eliminated from the District equals or exceeds the net tax capacity of the parcel in the District's original net tax capacity, the holding of a public hearing is not required by Minnesota Statues, Section 469.175, Subd. 4. 1 NOW THEREFORE BE IT RESOLVED by the City of Andover that the Parcel hereby is eliminated from the District. DATED: November 4,1997 CITY OF ANDOVER J.E. McKelvey - Mayor ATTEST: Victoria Volk - City Clerk .I ~~ i ~ II ; ~~ l:u~ / '!:fv-V f---..,f-- I-- f-- ~\ ~ /',....... '\ :E ~ "JO I n L.1'l ~ l- lL I _I-- j J->--<-~~ ~ If71\ dt I /L \QI 136THBIEB : I :; ~ 140TH LN ~\* " " 0... "'-. '\ ~~~ f--\ ~ ~ \ to .~ ~" t--/ \ ~'/' ~ " "" ' ~t11 L N "" ~ \"- i'-. \ "" r:: 0<~' t'-. "', ,'" t-- f--- \ / en ~ " -~ 1:\:-' m '....." ;;0-].- ~~ "" l.g~~,- ~~V~!\"" / ~ ,,'" "y / -~ :----'N ~ " :) 0:~'-....... 1\ ),.. I---- ,,0:::-': ..~-....: II ,,\\ " ~ ~ '\0 v~ ~~" 0:\., \ i:'-: ." ,'" /0... t': ~~ .' ............. ........, ~~"~ " \~~ ~ ~~" nTTlI.ITITTl City of Andover TIF District Modification District 1-1 & 1-3 ~ Modified TIP District 1-1 ~j Modified TIP District 1-3 _ Added to TIP District 1-3 I r-( ......."'/ ^ ...., ~I ~~ -r4: ~ ~ ~~pq ~I " . 1E:D- l.fr ,.iIi III 1 \~ ~~(~ ~- MaPAre~~ ~\' /) - ,\J~ I nHAVE :: EEtffB; 13. Hi rrrrm ~'\ gllilJJJ ./ ~ en '\ 3ts HAVE.- ~ ~I I I I -i .\ ;I/~.~.~.:///////~ r/ /~ /1 Bur ,.... ~ ~ :r - '-- ;--. ~ ~~, I I [ ~ A. Map # 3 of 5 ~ --J.. Date: 10/29/1997 - CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Staff, Committee, Commission Community Development ITEM NO. Schedule Workshop Date UP A Substation/Transmission Line Expansion ~. David L. Carlberg Community Development Director The City Council is requested to meet on Thursday, November 13, 1997 at 6:00 p.m. for a workshop meeting to discuss the United Power Association (UP A) substation/transmission line expansion. The substation is located on the northwest comer of Bunker Lake Boulevard NW and Hanson Boulevard NW. The substation expansion includes the construction of a new transmission line running south across Bunker Lake Boulevard NW and then east parallel to Bunker Lake Boulevard NW to generally the Burlington Northern Railroad/city park property. The transmission line will then run north parallel to the BNRR property on city park property. Representatives from UP A and Anoka Electric Cooperative (AEC) will be at the meeting to present the plans and discuss the expansion. i / The City Council has already scheduled a meeting for 7:00 p.m. that night to discuss the Master Plan for the commercial/industrial park. , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Accept Withdrawal of Special Use Permit James McLean (4360 l44th Lane NW) '7. Request The City Council is asked to accept the withdraw of the Special Use Permit for James McLean (4360 1 44th Lane NW). Please see attached letter from Mr. McLean. The Planning and Zoning Commission met on October 14,1997 to review this Special Use Permit request which would have allowed for the construction of an accessory structure to exceed the height of the principal structure. The Commission recommended denial (4-3 vote). . / Jim McLean ) October 24, 1997 Jeff Johnson The City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 Dear Jeff, I would like to formally withdraw my application for a building variance that was submited to your office. I will apply for a building permit for a structure of a different design not / requiring a variance . early next year. Any refund for the application fee may be sent to the address below. Thank you for your help and efforts on my behalf in this matter. arelY'/~ /7"Jim Mclean .' 4360 144th Lane N.W. Andover, MN 55304 1-612-427-8959 / 4360144 the Lane N. W. . Andover, MN 55304 . 612-427-8959 . Fax: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 1 DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Adopt Ordinance No. 215 Seasonal Weight Restrictions X. Request The City Council is asked to review and approve Ordinance No. 215 - An Ordinance Imposing Seasonal Weight Restrictions Upon the Use of Streets and Highways. The Planning and Zoning Commission met on October 14, 1997 to review this ordinance. / . / 1 CITY OF ANDOVER COUNTY OF ANOKA STA TE OF MINNESOTA ORDINANCE NO. 215 An Ordinance repealing Urdill:llHoT Noo 58 adopted March 16, 1982. AN ORDINANCE IMPOSING SIOASONAL WEIGHT RESTRICTIONS UPON THE USE OF STREETS AND HIGHW A YS WITIIIN THE CITY OF ANDOVER AND IMPOSING PENALTIES FOR VIOLATION. The City Council of the City of Alldo\er hereby ordains as follows: Section 1. Definitions. Any term used in this ordillance and de lined in Minnesota Statutes, Section 160.02 (and as amended) has the same lIlealling givell to it by that Section. Section 2. Weight !{l'striclions I The City Engineer may pmhibitthe operation of vehicles upon any street under his/her jurisdiction or impose \\eight I-estrictions on vehicles to be operated on such street whenever the street, by reason ofdetel'jcmllioll, r:lill, SIlOW, or other climatic conditions, will be seriously damaged or destroyed un less the use or the vehicles on the street is prohibited or the permissible weights are reduced. Signs plainly indicating the pmh ihit ion or restriction shall be posted at the appropriate location(s) as determilled by the City 1~llgineer. No person shall operate a vehicle on a posted street in violation of the prohibitioll or restriction. Section 3. Penalty. Any person who shall vioLlte :IIlY pro\'ision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof sll:1I1 he pUllished as defined by State law. Adopted by the City Councilor the City of Andover on this _ day of , 1997. ATTEST: CITY OF ANDOVER Victoria Volk, City Clcrk J. E. McKelvey, Mayor J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. APpro'q.Ordinance No. 233 - Regulating the Keeping of Dogs and Cats Reauest The City Council is asked to review and approve Ordinance No. 233 - An Ordinance Licensing and Regulating the Keeping of Dogs and Cats. The City Council at their October 7, 1997 meeting requested language be added to this ordinance in regards to the covering and flooring ofthe dog enclosures. Please review definition and advise staff of any changes or other recommendations. . / 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / ORDINANCE NO. 233 An Ordinance repealing Ordinance No. 53 adopted February 17, 1981; Ordinance No. 53A adopted December 1,1981; Ordinance No. 53B adopted June 21,1988; Ordinance No. 53C adopted September 20,988; Ordinance No. 53D adopted December 19, 1989; Ordinance No. 53E adopted April 18, 1995; Ordinance No. 53F adopted July 18, 1995 and Ordinance No. 53G adopted July 2,1996. AN ORDINANCE LICENSING AND REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR IMPOUNDMENT OF CERTAIN DOGS AND CATS, AND PROVIDING PENALTIES FOR VIOLATION. The City Council ofthe City of Andover does hereby ordain as follows: Section 1. Definitions. Animal Shelter Any premises designated by the City Council for the purpose of impounding and caring for the dogs and cats held under the authority of this ordinance. Biane Doe Any dog which, without being provoked, has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal, under circumstances where, at the time of the threat of attack, the person or domestic animal was lawfully on the premises upon which the victim was legally entitled to be, or the victim was on the premises owned or controlled by the owner of the dog, at the express or implied invitation of the owner, is a biting dog. Doe Enclosure an enclosure (of sufficient size) constructed for shuttin!! in or enclosin!! do!!s. Enclosure shall be surrounded and covered with fencin!! material of at least six (6) feet in hei!!ht and of sufficient !!au!!e to insure the do!!s' confinement. A cement pad offour (4") inches thick shall be present that covers the inside and perimeter of the enclosure. Kennel; Commercial Any place where a person accepts dogs from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming, except for a veterinary clinic. There shall be a fenced yard (fencing of sufficient height) or dog enclosure(s) present to prevent the running at large or escape of dogs confined therein. Kennel; Private A place where more than three (3) and not more than six (6) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept. There shall be a fenced yard (fencing of sufficient height) or dog enclosure(s) present to prevent the running at large or escape of dogs confined therein. , Nuisance It shall be considered a nuisance for any animal to run at large; to habitually or frequently bark or cry; to frequent school grounds, parks, or public beaches while unrestrained; to 1 chase vehicles; to molest or annoy any person if such person is not on the property of the owner or custodian ofthe animal; to molest, defile, destroy any property, public or private; or to leave excrement on any property, public or private. /Officer Any law enforcement officer of the City and persons designated by the City to assist in the enforcement of this ordinance. Owner Any person, firm, partnership or corporation owning, harboring, or keeping dog(s) or cat(s). Restraint A dog or cat shall be deemed to be under restraint if it is on the premises of its owner or if accompanied by a responsible person and under that person's effective control. Section 2. License Reauired. No person shall own, keep, harbor or have custody of any dog over six (6) months of age without first obtaining a license from the City Clerk. No license shall be issued to any person other than the owner except upon the written request of owner. Applications for license shall be made on forms prescribed by the City Clerk, which form shall set forth the following: 1) The name, address and telephone number of the owner; 2) The name and address of the person making the application, if other than the owner; and 3) The breed, sex, and age of the dog for which a license is sought. Section 3. Reauirements for License. i The license shall expire on the 31 st day of May in each odd numbered year and shall be issued only upon payment ofthe license fee as set by City Council resolution. All licenses issued for a period of less than two (2) years shall be pro rated on an annual basis. Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies to cover the licensing period. No license shall be granted for a dog which has not been vaccinated against rabies for a time sufficient to cover the licensing period. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the State in which the dog is vaccinated. Section 4. Restrictions on the Number of DOl!s/Cats. No person, firm or corporation shall harbor more than three (3) dogs over the age of six (6) months in anyone family residence unit or place of business except pursuant to Section 18. No person, firm or corporation shall harbor more than three (3) cats over the age of six (6) months in anyone family residence unit or place of business that is located on a parcel ofland three (3) acres or less. Section 5. Runninl! At-Larl!e Prohibited. No dog or cat shall be permitted to run at large within the limits of this City. 2 Running loose on the owner's property, or property under the owner's control, will not be considered running at large if the dog or cat is under the control of a responsible person. -Section 6. Doe:s/Cats on Leash. The restriction imposed by Section 5 shall not prohibit the appearance of any dog or cat upon streets or public property when such dog or cat is on a leash and accompanied by a responsible person or accompanied by and under the control and direction of a responsible person so as to be as effectively restrained by command as by leash. Dogs or cats that are on or directly adjacent to all athletic fields must be leashed. Owners are required to clean up and dispose of their pet's excrement. Section 7. Oblie:ation to Prevent Nuisances. It shall be the obligation and responsibility of the owner or custodian of any animal in the City, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. Failure on the part of the owner or custodian to prevent his or her animal from committing an act of nuisance shall be subject to the penalty hereinafter provided. It shall be considered a nuisance for any animal to habitually or frequently bark or cry; to frequent school grounds, parks, or public beaches while unrestrained; to chase vehicles; to molest or annoy any person if such person is not on the property of the owner or custodian of the animal; to molest, defile, destroy any property, public or private; or to leave excrement on any property, public or private. Section 8. Impoundment. Unrestrained dogs and cats may be taken by any officer as herein before defined and impounded in an animal shelter and there confined in a humane manner. Impounded dogs and cats shall be kept for not less than five (5) regular business days unless reclaimed prior to that time by their owner as provided hereafter. Section 9. Notice ofImpoundment. Upon taking up and impounding any dog or cat, the Poundmaster shall within one (1) day thereafter have posted in the City Hall a notice of impounding in substantially the following form: NOTICE OF IMPOUNDING DOG/CAT: ,19_ Date To Whom it May Concern: We have this day taken up and impounded in the pound of the City at dog/cat answering the following description: Sex _Color Approximate Age Name of Owner (if known) , a Breed Notice is hereby given that unless said dog/cat is claimed and redeemed on or before o'Clock_.m., on the day of ,19_, the same will be sold or humanely destroyed as provided by ordinance. Signed: 3 Poundmaster/City Official If the owner of said dog or cat be known, written notice of impounding, in lieu of posted notice, shall be given to the owner thereof either by mail or personal service. The date of sale or humane destruction of the dog or cat shall be the 6th day after posting of the notice or giving notice unless the animal shelter at which the dog or cat is impounded is closed to the public, in which case it shall be the following day. Section 10. Redemution. Any dog or cat may be reclaimed from the animal shelter by its owner within the time specified in the notice by the payment to the City Clerk or his/her designate of the license fee (if not paid for the current period) with an impounding fee as set by City Council resolution. Notwithstanding this Section, the owner shall remain subject to all penalties contained in this ordinance. Section 11. Disuosition of Unclaimed DOl!s and Cats. Any dog or cat which is not claimed as provided in Section 9, within five (5) days, after posting of the impoundment notice, may be sold for not less than the expenses incurred for impoundment, if not requested by a licensed educational or scientific institution under Minnesota State law. All sums received from the sale of dogs or cats under this Section shall be deposited into the General Fund of the City. Any dog or cat which is not claimed by the owner or sold or transferred to a licensed educational or scientific institution shall be painlessly and humanely destroyed and buried by the Poundmaster. Section 12. Permissible Return of Unrestrained DOl!s and Cats. Notwithstanding the provisions of Section 8, if an animal is found unrestrained and its owner can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such cases, however, proceedings mav be taken against the owner for violation of this ordinance. Section 13. Owner Oblil!ation for Prouer Care. No owner shall fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. Section 14. Mistreatment of DOl!s and Cats. No person shall beat, treat cruelly, torment or otherwise abuse any animal, or cause or permit any dog or cat fight. No owner of a dog or cat shall abandon such animal. Section 15. Muzzlinl! Proclamation. Whenever the prevalence ofrabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog to muzzle it securely so that it cannot bite. No person shall violate such proclamation and any unmuzzled dog unrestrained during the time )ixed in the proclamation shall be subject to impoundment as heretofore provided, and the owner of such dog . shall be subject to the penalty hereinafter provided. 4 Section 16. Classification of a Bitin!! Do!!. .In the event that a complaint is received that an attack or the threat of an attack has occurred which, in the -judgment of the City Clerk, occurred under circumstances which would justify the classification of the dog as a biting dog under this ordinance, the City Clerk shall place the issue on the next available agenda of the City Council, and shall notify the owner ofthe dog, in writing, of the time and place of the Council meeting at which the matter will be heard. The notice shall inform the owner that a request has been made to classify the dog as a biting dog, and the City Council shall hear such facts as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify the dog as a biting dog. Such a determination shall be made upon the basis of whether or not the criteria as found in the definition of the term "biting dog" have been met. No variances shall be permitted from the strict terms of said definition. In the event a dog is classified as a "biting dog", the following procedures shall be implemented: 1) The owner of the dog shall be notified, in writing, by certified mail or through personal delivery of correspondence, that the dog has been classified as a "biting dog", and shall be furnished with a copy of the resolution. 2) Ifthe dog was impounded, and photographs or other identifying characteristics obtained, such photographs or other identifying materials shall be placed in a permanent file indexed under the owner's name. If the dog is not impounded, the owner shall be notified that the dog's license shall be revoked unless, within ten (10) days after receipt ofthe notice, the owner furnishes to the City suitable photographs or other identifying materials of the dog, or makes the dog available for the taking of photographs by City staff for insertion in the permanent files. )) The City Clerk shall maintain a permanent file of all dogs classified as "biting dogs" indexed under the owner's name. 4) The owner of the dog shall be notified that said dog shall be leashed, kenneled or otherwise contained at all times. Additional Attacks. If a dog already classified as a "biting dog" threatens or commits another attack under circumstances which would qualify the classification of the dog as a "biting dog" a second time, the following procedures and sanctions shall apply: 1) Upon receipt of such a complaint, the City Clerk shall cause the issue to be placed upon the next available agenda of the City Council. Notice shall be sent to the owner of the dog, by certified mail or personal delivery, requesting that the owner appear at the City Council meeting, to show cause why the dog should not be classified as a nuisance and dealt with accordingly. 2) At its next available Council meeting, the City Council shall hear the facts as presented by all interested parties, and shall, at that time, make a determination as to whether or not the dog shall be classified as a nuisance. The City Council shall classify the dog as a nuisance if it finds that the second attack occurred under circumstances which would qualify the dog for classification as a "biting dog" as defined in this ordinance. ,1) If a dog is classified as a nuisance, the owner shall be notified, in writing, by certified mail or personal delivery, that the dog has been classified as a nuisance, and the owner shall further be notified that the dog must either be destroyed or removed from the City limits ofthe City of Andover, 5 permanently, within forty-eight (48) hours after receipt of the notice. The owner shall further be notified that the dog's license has been revoked permanently. ,Violations. Any person who owns, keeps, harbors, or is in actual physical control of a dog which has been /declared a nuisance shall be in violation of this ordinance. Any person who owns, keeps or harbors, or is in actual physical control of any dog within the corporate limits of the City of Andover, for any period of time, which dog has had its license revoked, shall be in violation of this ordinance. Nothing in this ordinance, nor the enactment of any of the procedures herein enumerated, shall be deemed to limit, alter or impair the right of the City or any person to seek enforcement through criminal prosecution of any violation of this ordinance, and the fact that the City may be pursuing classification of a dog under this ordinance shall not prevent or prohibit the prosecution at the same time of an owner of a dog for permitting a dog to run at large under facts arising from the same occurrence as that which generated the classification procedures. The classification procedure shall be in addition to, and not in place of, criminal prosecution under other portions of this or other ordinances. Whenever any owner of a dog shall learn that such dog has bitten, attacked, or threatened any human being or other domestic animal, such owner shall immediately impound said dog in a place of confinement where it cannot escape or have access to any human being or other animal, and shall also immediately notify any peace officer, dog catcher, or other person authorized by the City Council. Whenever such authorized person, peace officer or dog catcher shall learn that any human being has been bitten by any dog within the City, he/she shall ascertain the identity of such dog and the persons who might meet the definition of owner as found elsewhere in this ordinance, and shall immediately direct such person to forthwith impound such dog as required herein. If, ; in the opinion of such peace officer, dog catcher, or other authorized person the owner of such a dog cannot, or will not, so impound the dog, such peace officer, dog catcher, or other authorized person, shall transport such dog to the pound under contract to the City. Any dog so impounded shall be kept continuously confined for a period of fourteen (14) days from the day the dog bit a human being. The cost of such impounding and confinement shall be borne by the owner of the dog, if such owner be found, which costs shall be as stated for impounding and confinement elsewhere in this ordinance. Upon learning that a dog has bitten a human being, the peace officer, dog catcher, or other authorized person, shall immediately notify the City Health Officer, and inform him/her of the place where the dog is impounded. It shall be the duty of the City Health Officer to inspect said dog from time to time during its period offourteen (14) days confinement, and to determine whether or not such dog may be infected with rabies. For this purpose, he/she shall have access to the premises where such dog is kept at all reasonable hours, and may take possession of the dog and confine it at such place as he/she deems appropriate, at the expense of the owner. If an owner has impounded a dog pursuant to the request of a peace officer, dog catcher, or other authorized person, the owner shall promptly transport said dog to the pound under contract to the City for the purposes stated above. If the owner refuses to do so, and refuses to allow the peace officer, dog catcher or other authorized person to transport the dog to the contract pound, the owner shall be in violation of this ordinance. Iniunctive Relief. In addition to the criminal sanctions provided above, in the event that any dog is declared a nuisance, and such dog is not either destroyed or removed from the City limits of the City of Andover within \ forty-eight (48) hours after receipt of the notice of Declaration of Nuisance, the City shall, in addition and not in / place of any criminal remedies, have a civil remedy of injunctive relief, and may apply to the Court of 6 competent jurisdiction for an order compelling the destruction or removal of said dog from the corporate limits of the City of Andover. ,Section 17. Summary Destruction of Certain DOl!s. ) Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the City because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such dog, may summarily destroy said dog. Section 18. Kennel Licenses. No person, firm or corporation shall operate or maintain a commercial or private kennel without first securing a kennel license therefore from the City Council and meeting the criteria as set forth in this ordinance and/or Zoning Ordinance. Application for a kennel license shall be made on forms provided by the City. Such application shall contain the following information: 1. Location, on premises, of the kennel. 2. Location of structures for housing the dogs. If the dogs are to be kept primarily within the home or other building of the residence of the applicant or of any other person, the application shall state so. 3. The maximum number of dogs to be kept on the premises. , / 4. The location, size, and height of dog enclosure(s), if present. 5. The location and type of fencing (if present). Fencing to be of such quality, design and height so that it will contain the dogs. 6. Method to be used in keeping the premises in a sanitary condition. 7. Method to be used in keeping dogs quiet. 8. An agreement by the applicant that the premises may be inspected by the City at all reasonable times. The City Council may impose additional requirements to be stated in the application or more restrictive requirements than those listed above (1-8) to protect the health, safety, general welfare and morals of the general public. Application for such license shall be made to the City Clerk and shall be accompanied by a specified license fee. The license fee shall be as set by City Council resolution. The City Clerk shall refer private kennel license applications to the City Council and commercial kennel license applications to the Planning and Zoning Commission as set forth in the Zoning Ordinance. In both cases, the City Council may grant or deny the license. / All kennel licenses shall be renewed annually. Application for such license renewal shall be made to the City Clerk and shall be accompanied by a specified license fee. The annual license fee shall be as set by City 7 Council resolution. The City Council shall review and approve all license renewal applications provided no revocation of the license is made as specified in Section 21. . Section 19. Private Kennel Licenses. J A private kennel license can only be issued in R-l, Single Family Rural Zoning Districts and shall not be issued unless abutting property owners have been given notice of the proposed application and a reasonable opportunity to comment on the application unless the applicant's property is three hundred (300) feet or more from any structure. Section 20. Commercial Kennel Licenses. A commercial kennel license shall not be issued unless a Special Use Permit has been granted by the City Council in accordance with Zoning Ordinance. Section 21. License Revocation. Any kennel license may be revoked by the City Council by reason of any violation of this ordinance or by reason of any other health or nuisance ordinance, order, law or regulation. Before revoking a private kennel license, the licensee shall be given notice of the meeting at which such revocation is to be considered. Notice of the meeting shall be given in writing five (5) days prior to said meeting. The licensee, if present at said meeting, shall be given the opportunity to be heard. . A commercial kennel license may be revoked by the City Council by the procedure established and defined in / the Zoning Ordinance. Section 22. Kennel Rel!ulations. Kennels shall be kept in a clean and healthful condition at all times, and shall be open to inspection by any health officer, sanitarian, animal control officer, or the person charged with the enforcement of this ordinance, or any health or sanitary regulation of the City, at all reasonable times. Section 23. DOl! Enclosures. It is the purpose of this Section to abate existing nuisances and to prevent nuisances created by site, odor, noise and sanitation due to construction and placement of dog enclosures on private property. 1) Screening: Dog enclosures must be screened from view of adjacent property. 2) Placement: A dog enclosure shall not be placed closer than forty (40) feet from an adjacent residential dwelling or principal structure and at least ten (10) feet from side and rear lot lines. No dog enclosure shall be placed in the front yard in all residential districts; and in the R-4, Single Family Urban District, no dog enclosure shall be placed in the sideyard. 3) Sanitation requirements: No person shall permit feces, urine, or food scraps to remain in an enclosure for a period that is longer than reasonable and consistent with health and sanitation and the prevention of odor. / 8 4) Applicability of Section: This Section shall be applicable to all dog enclosures constructed after July 18, 1995. Any pre-existing dog enclosure that the City receives a complaint on which is not kept in a clean and sanitary condition or is a nuisance to an adjacent property owner shall be required to comply with this Section by notice of compliance being given by the City Administrator or their duly authorized agent. Failure to comply with such notice within thirty (30) days of issuance shall be violation of this ordinance. , / Section 24. Appointment of Officers. The City Council may from time to time appoint such persons as may be necessary to assist the police officers of the City in the enforcement of this ordinance. Such persons shall have police powers insofar as is necessary to enforce this ordinance, and no person shall interfere with, hinder, or molest them in the exercise of such powers. Section 25. Non-Residents. The Sections of this ordinance requiring a license shall not apply to non-residents of the City, provided that dogs of such owners shall not be kept in the City longer than thirty (30) days without a license and shall be kept under restraint. Section 26. Citations. The animal control officer, or his/her designee, shall be authorized to issue citations for violations of this ordinance. Section 27. Penaltv. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State law. Adopted by the City Council of the City of Andover on this 4th day of November, 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk 1. E. McKelvey, Mayor "' 9 APPLICA TION FOR PRIVATE KENNEL LICENSE j Name of Applicant: Address: Phone Number: Quantity of Dogs (Six Months of Age or Older) to be Kept on Property: (Quantity Not to Exceed Six (6) Dogs) Dog Type(s)/Breed: Please attach a detailed drawing showing the following: 1. Location, on premises, of the kennel. 2. Location of structures for housing the dogs. If the dogs are to be kept primarily within the home or other building of the residence of the applicant or of any other person, the application shall state so. 3. The location, size, and height of dog enclosure(s), if present. 4. The location and type of fencing (if present). Fencing to be of such quality, design, and height so that it will contain the dogs. Indicate method(s) to be used to keep premises in a sanitary condition: J Indicate method(s) to be used to keep dogs quiet: I, (the applicant) have received and read a copy of Ordinance No. 233 . Dogs and understand the rules and regulations as stated. I also, hereby grant City staff pennission to inspect my property at reasonable times to review the ordinance regulations and conditions of the license. Signature of Applicant **................................................................................... City Council Conditions: Staff NoteslComments: Acreage Size: Current Zoning: Reviewed By: Jeff Johnson, Zoning Administrator Fee Amount: Date Paid: Receipt No. Regular City Council Meeting August 19,1997 - Minutes Page 3 ,. (Slow-No Wake Ord., Cont.) along the river are located. Mr. Carlberg explained that almost the entire river is 200 feet wide or less. Councilmember Orttel suggested that the City of Anoka also be contacted. Focus Session Results/Leonard Parker & Associates Colleen Nelson, Leonard Parker & Associates reviewed the summary results from the July 9, 1997 meeting. The vision statement focuses on the 90 acre parcel that the city will be developing. This will serve as a focal point establishing community identity. Site development will be oriented to professional and high- tech employment with limited neighborhood/ community retail. Landscaping to create buffer zones, open space and continuity of trail way /bikeway systems will be utilized to enhance Andover's identity as a community with a rural history and dedication to the preservation of the natural environment. It will also create quality long-term development and jobs. Council agreed that the vision statement covers what the city had requested. Ms. Nelson reviewed the remainder of the report noting that the master development plan and platting of the property should be completed by December 1997. There will be a final presentation to the Council in December. She also noted that Tobin Real Estate will be handling the marketing strategy. Councilmember Orttel asked if there are funds available to complete this process. The balance remaining would be $20,600.00. Mr. Fursman stated there are TIF and CDBG funds available. MOTION by Grttel, seconded by Dehn to accept the report by Leonard Parker and Associates and authorize completion of the contract as presented August 15,1997. Motion carried on a 4 yes, I absent (Kunza) vote. @ HearinKlPriva.. Kennel Licens<'/E. O/son/17900 Uplander Sme' NW Mr. Carlberg reviewed the request of Eugene Olson for a private dog kennel with 6 - 8 dogs. In 1995 an amendment to Ordinance 53 was adopted separating private and commercial kennel licenses. This is the first private kennel license hearing to be held pursuant to that ordinance amendment. Abutting property owners have been notified / of the hearing. The ordinance relates to nuisance issues, barking, etc., but not to the breed of dog. If a license is issued and complaints are received, the item can go back to the Council for possible revocation. ) Regular City Council Meeting August 19,1997 - Minutes Page 4 - " (Private Kennel License, Cont.) Council questioned the difference between private and commercial kennels with Mr. Carlberg explaining that commercial kennels are operated for monetary gain and private kennels are for personal enjoyment. Councilmember Orttel asked if the dogs that Mr. Olson has are pit bulls. Mr. Carlberg stated that they checked with the Andover Pet Clinic who said that they are a variety of pit bull. Because Mr. Olson has some of his dogs on chains and the yard is not fenced, Council felt that the ordinance needed some verbage regarding kennels as chains are not satisfactory. Council acknowledged a letter that was received from Todd Craft, 17850 Uplander Street NW expressing his concern about the lack of kennels and fencing. He is concerned with the safety of the children and adults if one of these dogs should happen to get loose. ) l Eugene Olson, 17900 Uplander Street NW explained that his dogs are for his personal use with maybe a little breeding. The females are kept in kennels and the males are kept chained. Eventually all of the dogs will be in kennels. ,- '\ , , Council felt that the ordinance should be reviewed and some limits and restrictions be adopted, such as annual reviews and the number of dogs allowed. Dave Sollers, 2351 - 180th Avenue NW expressed concern with what constitutes a kennel and an enclosure, the type of dog Mr. Olson has, how they are kenneled, the type of enclosure, and how the animals are maintained. Right now the dogs don't run free and don't cause problems. Mary Scott, 18001 Uplander Court NW is concerned about preventing anything happening to the children in the neighborhood. She spoke to the Humane Society regarding pit bulls and they said they will not adopt out a pit bull. She noted that Mr. Olson does take good care of his dogs. Mayor McKelvey asked Council to direct staff to take the ordinance back to the Planning and Zoning Commission for possible changes. MOTION by Knight, seconded by Dehn to table this item until the ordinance has been reviewed. Motion carried unanimously. , ) FROM SERVICE DEPARTME~n (TilE) \0. 07' 97 10: 17/8T. IJ: 16/'iO. 3550869552 P 1/1 TO: MIl}'M aad City CounejJ Memben, TIle Cit)' of AJtdover DATE: October7.l"7 FAX: 755-8923 TOTAL PAGES (lNCLUDJNG COVER SHEET): 1 FROM: Dave a,ld Brenda Sollars 2351180th AveR-HC NW AJs~~.MN S5304 '12-79-5174 Mr. M.ayor and Copsei Members, . / Unfortunately we wiD not be able to lltteDd the .:ouncll meeting tenigbt in regard to &lIe "belated PubUl:IleariDg, Amaufment Ordln.Rte 53: Jkgulating Dogs - ~tatiDg Private ~nel Licenses. The proposed chsngtl JD~ tbis ordinance much impnwed. We luve some c.opcernI about Secdos 1 anti 23, Dog EndosllRS, we would like presented to CouBclL There IlwuJd be It requiremeDt for tile eado'D~ Ce be dtIa~ plAced Od . hard slab, Or the fendag material to buried id the grouPd to " sufl"'.dent depth to pr__t A dog from dlggittg oat. In IOme tiltH it mAy be deeesRl'}' to C:lW:eJ" tile tap oCtile eAdosure t6 prn-ent dogs frvm dilRbin: 01' jomptng out. The presence or II dos: 'unllt ias.ide the enclosure c.ould make this more likely. We liked the wonllng giviDg Council some lafimde to evaluate eacb apprlf:lltioD and pllt .dditionaJ n'$trktiolll in place as neasury. Our last concern is mllted .to scrtening or privacy fencing. Ia a situation where there are several dogs the btc~e ex~ted when tJtey become aware of .divity in the neighborhood and SUIt barkllfg. It ~ be benefidal in WIDe cues to Rquire some type ofprincy SCReIIiPgwl1idl couJd Jrelp JO prnel1t nuisance barking. This would not be nqulred in aD c:ascs but ,hollld be au Item .r reyiew GO the: site ~ or illBpec:tJep. C~JLJf~a//- Dave and Brenda Sollani V it\... ~'f- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 1 DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 239 - Uniform System for Numbering Properties /0. Request The City Council is asked to review and approve Ordinance No. 239 - An Ordinance Providing a Uniform System for Numbering Properties and Principal Buildings. Sections pertaining to street name changes were removed and placed in Ordinance No. 212 - An Ordinance ChangingIRenaming Street Names in the City. The Planning and Zoning Commission met on October 14, 1997 to review this ordinance. / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 239 An Ordinance repealing Ordinance No. 61 adopted August 3, 1982. AN ORDINANCE PROVIDING A UNIFORM SYSTEM FOR NUMBERING PROPERTIES AND PRINCIPAL BUILDINGS IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 1. Purpose. For the purpose of providing for the health, safety and general welfare of the residents, a uniform system of numbering properties and principal buildings is hereby adopted for use in the City of Andover as indicated on certain map(s) identified as the City of Andover on file at City Hall and in the Anoka County Surveyor's Office. / Section 2. Assignment of Numbers. All properties of principal buildings within the City shall hereafter be identified by reference to the Uniform Numbering System adopted herein. Each principal building shall bear the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one (1) business or family dwelling unit, each separate front entrance of such building shall bear a separate number. Section 3. Display of Numbers. It shall be the duty of the property owner of every house, industrial, commercial or other building, to have proper house or building numbers either by affixing such number(s) in metal, glass, plastic, or other durable material approved by the Building Official; the number(s) shall be not less than three (3) inches in height, in a contrasting color to the building; said number(s) shall either be lighted or made of some reflective material and so placed to be easily seen from the street or placed on the mailbox ifthe mailbox is located on the street of the property and the house cannot be seen from the street. All auxiliary buildings within a unit having an / . / assigned number, such as garages, barns, and buildings of like nature are not affected by this ordinance. Section 3. Administration of Uniform Numberin~ System. The Building Official or designee shall be responsible for maintaining the numbering system and shall keep a record of all numbers assigned under this ordinance. The Building Official or designee may assign additional numbers in accordance with the official uniform numbering system whenever a property has been subdivided or a new front entrance has been established. The property owner shall be responsible for obtaining suitable numbers for property identification pursuant to Section 2. Section 4. Penalty. Any person, firm or corporation who violates any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as defined by State law. Adopted by the City Council of the City of Andover on this _ day of 1997. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 2l2A - An Ordinance Changing/Renaming Streets in the City /!. ReQuest The City Council is asked to review and approve an amendment to Ordinance No. 212 - An Ordinance Changing/Renaming Street Names in the City. The Planning and Zoning Commission met on October 14, 1997 to review this ordinance. / / .1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 212A AN ORDINANCE CHANGING/RENAMING STREET NAMES IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 4. (Changing Enchanted Drive to North Enchanted Drive and South Enchanted Drive). The street known as Enchanted Drive shall be changed to North Enchanted Drive and South Enchanted Drives as follows: Starting at Genie Drive, then southeasterly to the south lot line of Parcel 4085 shall be known as North Enchanted Drive. Starting at the south lot line of Parcel 4085, then south and west to the intersection of Dakota Street shall be known as South Enchanted Drive. (8-3-82, Ord. 6 I) Section 5. (Changing 146th Avenue NW to Drake Street NW). That section of street known as 146th Avenue NW from the intersection of 146th Avenue NW and Drake Street NW to the intersection of 146th Avenue and 146th Lane NW shall be changed to Drake Street NW. (8-3-82, Ord. 61) Section 6. (Changing 144th Lane NW to Inca Street NW and Guarani Street NW). The north/south streets in Dehn's Addition known as 144th Lane NW shall be changed to Inca Street NW and Guarani Street NW, corresponding to the City of Andover street grid system as shown on map(s) on file at City Hall and in the Anoka County Surveyor's Office. (8-3-82, Ord. 61) Section 7. (Changing Makah Street NW to Makah Circle NW) The plat of Kiowa Terrace, that section of street in the southwest comer known as Makah Street NW shall be changed to Makah Circle NW. (8-3-82, Ord. 61) Section 8. (Changing 7th Avenue NW Extension to Jivaro Street NW) / That section of street known as 7th A venue NW Extension, from 165th Avenue NW to the north shall be changed to Jivaro Street NW, corresponding to the City street and grid system as shown on map(s) on file at City Hall and in the Anoka County Surveyor's Office. l (8-3-82, Ord. 61) Section 9. (Changing Quinn Drive NW to Osage Street NW) That section of street in W oodridge Acres known as Quinn Drive which is parallel with the northeasterly boundary line, from Crosstown Boulevard NW to the northwest comer of the plat shall be changed to Osage Street NW. (8-3-82, Ord. 61) Section 10. (Changing Inca Street NW to Hopi Street NW) Johnson's Oakmount Terrace, that street known as Inca Street NW shall be changed to Hopi Street NW. (8-3-82, Ord. 61) All other Sections shall be renumbered and the language contained shall remain the same. Adopted by the City Council of the City of Andover on this _ day of ,1997. ATTEST: CITY OF ANDOVER 1 Victoria Volk, City Clerk J. E. McKelvey, Mayor / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 242 - Waiving Ordinance Requirements During Emergency Situations Ie;? . Reauest The City Council is asked to review and approve Ordinance No. 242 - An Ordinance Providing for the Waiving of Certain Ordinance Requirements During Emergency Situations. The Planning and Zoning Commission met on October 14, 1997 to review this ordinance. . , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 242 An Ordinance repealing Ordinance No. 64 adopted July 13, 1983. AN ORDINANCE PROVIDING FOR THE WAIVING OF CERTAIN ORDINANCE REQUIREMENTS DURING EMERGENCY SITUATIONS AS A RESULT OF WIND, FIRE, OR FLOOD OR ANY OTHER NATURAL DISASTER. The City Council of the City of Andover hereby ordains as follows: Section 1. Purpose and Intent. This Ordinance is adopted for the purpose of allowing for immediate action to protect the health, safety and welfare of the residents in emergency situations, realizing such action is of a temporary nature and will not affect the long-term development of the City. Section 2. Policv. , If it is determined by the City Council that strict compliance with specific provisions of City Ordinances may affect the health, safety or welfare of a resident in a declared emergency situation such provisions may be waived by the City Councilor their authorized representative( s). The terms and conditions of such waiver shall be set out in the Emergency Declaration or resolution by the City Council. Section 3. Validitv. Such waiver shall be valid only after declaration by the City Council of an emergency situation. Section 4. Effective Date. This ordinance shall become effective following its adoption and publication according to law. Adopted by the City Council of the City of Andover this _ day of ,1997. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 243 - An Ordinance Establishing Rules for the City Council /3. Request The City Council is asked to review and approve Ordinance No. 243 - An Ordinance Establishing Rules for the Organization and Procedure of the City CounciL The Planning and Zoning Commission met on October 14, 1997 to review this ordinance. Their recommendation was that the City Council should review this ordinance and make appropriate changes, if necessary. 1 J J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 243 An Ordinance repealing Ordinance No. 66 adopted August 2, 1983; Ordinance No. 66A adopted September 2, 1986; Ordinance No. 66B adopted October 4, 1988; Ordinance No. 66C adopted February 5, 1991 and Ordinance No. 66D adopted December 7, 1993. AN ORDINANCE ESTABLISHING RULES FOR THE ORGANIZATION AND PROCEDURE OF THE CITY COUNCIL OF THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 1. Meetine:s. Regular meetings of the City Council shall be held on the first and third Tuesday of each calendar month at 7:00 p.m. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings shall be held at City Hall or at another public location as designated by the City CounciL / Special meetings of the Council may be called by the Mayor or any two (2) members of the City Council by writing filed with the City Clerk. At least one (I) day before the meeting, the City Clerk shall notify each member ofthe time, place and purpose ofthe meeting by causing written notice thereof to be delivered to each City Council member personally, or if the City Council member cannot be found, by leaving a copy at the home of the member with some person of suitable age and discretion. Special meetings may be held without prior written notice when all City Council members are present at the meeting or consent thereto in writing. Such consent shall be filed with the City Clerk prior to the beginning of the meeting. Any special meetings attended by all the City Council members shall be a valid meeting for the transaction of any business that may come before the meeting. At the first regular City Council meeting in January of each year, the City Council shall: I. Designate the depositories of City funds; 2. Designate the official newspaper; 3.. Choose an acting Mayor from the City Council who shall perform the duties of the Mayor during the disability or absence of the Mayor from the City, or until a successor has been appointed and qualifies; and 4. Appoint such officers and employees and such members of boards, commissions, and committees as may be necessary. . 1 .' All City Council meetings, including special and adjourned meetings shall be open to the public. Section 2. Presidin!! Officer. The Mayor shall preside at all meetings of the City Council. In the absence of the Mayor, the acting Mayor shall preside. In the absence of both, the City Clerk shall call the meeting to order and shall preside until the City Council members present at the meeting choose one of their number to act temporarily as presiding officer. The presiding officer shall preserve order, enforce the rules of procedure herein prescribed, and determine without debate, subject to the final decision of the City Council on appeal, all questions of procedure and order. Except as otherwise provided by statute or by these rules, the proceedings ofthe City Council shall be conducted in accordance with Robert's Rules of Order Revised. Any member may appeal to the City Council from a ruling of the presiding officer. If the appeal is seconded, the member may appeal once solely on the question involved, and the presiding officer may explain his/her ruling; but no other City Council member shall participate in the discussion. The appeal shall be sustained if it is approved by the majority of the members present exclusive of the presiding officer. / The Mayor or other such member of the City Council as may be presiding may move, second and debate from the chair. The presiding officer shall not be deprived of any of the privileges of a City Council member by reason of his /her acting as the presiding officer. Section 3. Minutes. Minutes of each City Council meeting shall be kept by the City Clerk or their designee. In the absence of both, the presiding officer shall appoint a secretary to keep minutes. Ordinances, resolutions, and claims need not be recorded in full in the minutes if they appear in other permanent records of the City Clerk and can be accurately identified from the description given in the meeting minutes. All City Council meetings shall be tape recorded, and the recorded tapes of each meeting shall be retained in the City Clerk's Office for public review for a period of six (6) months from the date of the meeting, except that tape recordings of M.S. A. 429 proceedings shall be retained for three (3) years. / The minutes of each meeting shall be reduced to type written form, shall be signed by the City Clerk, and copies thereof shall be delivered to each City Council member as soon as practicable after the meeting. The minutes shall include all motions, resolutions, votes and reasons given for the decisions. In addition any important legal information on the subject should be recorded. If any member ofthe City Council chooses to have any additional comments recorded, he/she should request this at the time the comment is 2 made. At the next regular City Council meeting following such delivery, approval ofthe minutes shall be considered by the City Council. The minutes need not be read aloud, but the presiding officer shall call for any additions or corrections. Ifthere is no objection to the proposed addition(s) or correction(s), it may be made without a vote from the City Council. Ifthere are no additions or corrections, the minutes shall stand approved. Minutes of all City Council meetings shall be posted at the City Hall for public review. Section 4. Order of Business. Each meeting of the City Council shall convene at the time and place appointed therefore. City Council business shall be conducted in the following order: I . Call to Order 2. Resident Forum 3. Agenda Approval/Consent Agenda 4. Approval of Minutes 5. Discussion Items 6. Reports of Commissions, Committees & Staff 7. Non-Discussion Items/Consent Agenda 8. Mayor/Council Input 9. Payment of Claims 10. Adjournment j The order of business may be varied by the presiding officer or upon City Council motion; but all public hearings shall be held at the time specified in the notice of hearing. An agenda of business for each regular City Council meeting shall be prepared by the City Clerk and filed in the office of the City Clerk not later than eight (8) days preceding the meeting. An agenda item will be considered only if the City Council has been given the information or report for the item prior to the meeting date, unless the item is of an emergency nature. The agenda shall be prepared in accordance with the order of business and copies thereof shall be delivered to each next regular City Council meeting. No item of business shall be considered unless it appears on the agenda for the meeting, but the City Council may, at its discretion, consider matters not appearing on the agenda. Section 5. Ouorum and V otin!!:. At all City Council meetings the majority of all the City Council members elected shall constitute a quorum for the transaction of business, but a smaller number may adjourn from time to time and the City Council may punish non-attendance by a fine not exceeding ten ($10.00) dollars for each absence from any meeting unless a reasonable excuse is offered. 3 / The votes of the members of any question pending before the City Council may be voice vote, standing vote, or in any other manner of voting which signifies the intention of the members, and the names of those voting for and against the question shall be recorded in the minutes. If any member being present does not vote, the minutes, as to his/her name, shall be marked "Present-Not Voting". A majority vote of all members of the City Council shall be necessary for approval of any ordinance unless a larger number is required by statute. Except as otherwise provided by statute, a majority vote of a quorum shall prevail in all other cases. Section 6. Ordinances. Resolutions. Motions. Petitions and Communications. Every ordinance and resolution shall be presented in writing. All motions shall be recorded in the minutes and stated in full before they are submitted to vote by the presiding officer. All petitions and other communications addressed to the City Council shall be in writing and shall be read in full upon presentation to the City Council. They shall then be recorded in the minutes by title and filed with the minutes in the office of the City Clerk. Every ordinance and resolution passed by the City Council shall be signed by the Mayor, attested by the City Clerk and filed. Proof of publication of every ordinance shall be attached to and filed with the ordinance. Every ordinance or resolution repealing a previous ordinance or resolution or a section or subdivision thereof shall give the number, if any, and title of the ordinance or resolution to be repealed in whole or in part. No ordinance, resolution or subdivision thereof shall be amended by reference to the title alone, but such amending ordinance or resolution shall set forth in full each section or subdivision to be amended. Section 7. Committees. Committees of the City Council shall be of two (2) types, standing and special. Standing committees shall be permanent and shall be appointed by the Mayor with the advice and consent ofthe City Council at the first regular meeting of the City Council each year. Each standing committee shall consist of two (2) members of the City Council and the chairperson of each committee shall be designated by the Mayor. Each standing committee member shall serve as appointed unless excused by a majority of the members of the City Council. The City Council may appoint a number, not to exceed three (3) additional persons (not members of the City Council) to work with and advise each standing committee. The standing committees and their functions are: 1. Finance Committee - Shall have under its cognizance in an advisory capacity matters relating to budget, audit, licenses, assessments and such other matters as may be referred to it. -' 4 2. Personnel Committee - Shall have under its cognizance in an advisory capacity matters involving the administrative structure relating to form, organization, staff responsibilities, duties, and to advise the City Council on matters relating to the establishment of training opportunities, fringe benefits and such other matters as referred. \ Special committees shall be appointed, as the need arises, to carry out a specified task, at the completion of which, that is, on presentation of a special report to the City Council, it automatically ceases to exist. A special committee should not be appointed to perform a task that falls within the assigned function of an existing standing committee. Special committees shall be appointed by the Mayor, with the advise and consent of the City Council as the need arises. The chairperson of each committee shall be designated by the Mayor. Such committees shall consist of as many members and perform such duties as the City Council may require. Any matter brought before the City Council for consideration may be referred by the presiding officer to the appropriate committee or to a special committee appointed by him/her for a written report and recommendation before it is considered by the City Council as a whole. Each committee report shall be signed by a majority ofthe members and shall be filed with the City Clerk prior to the City Council meeting at which it is to be submitted. Minority reports may be submitted. Each committee shall act promptly and faithfully on any matter referred to it. / Section 8. Susllension or Amendin!!: of the Rules. These rules, or any of them, may be temporarily suspended by a majority vote of all of the City Council members, and shall not be repealed or amended except by a majority vote of the whole City Council after notice has been given at some preceding City Council meeting. Section 9. Severability Clause. If any section, subdivision, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity ofthe remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, any section, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subdivisions, sentences, clause or phrases be declared unconstitutional. 5 Section 10. Effective Date. This ordinance shall take effect and be in force from and after its passage and publication. Adopted by the City Council of the City of Andover this _ day of ,1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor / 6 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 237 - Regulating Open Burning .;~ ReQuest The City Council is asked to review and approve Ordinance No. 237 - An Ordinance Regulating Open Burning. The Planning and Zoning Commission met on October 14, 1997 to review this ordinance. J . J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 237 An Ordinance repealing Ordinance No. 69 adopted February 19, 1985; Ordinance No. 69A adopted April 7, 1992 and Ordinance No. 69B adopted May 21,1996. AN ORDINANCE REGULATING OPEN BURNING WITHIN THE CITY OF ANDOVER AND PROVIDING PENAL TIES FOR THE VIOLA nON THEREOF. The City Council of the City of Andover hereby ordains as follows: Section 1. Definitions. Person An individual, corporation, association, society or firm. Oven Burninz Burning any matter whereby the resultant combustion products are emitted directly to the open atmosphere without passing through any adequate control equipment. I Control Eauivment Control equipment shall mean any device, approved by the Minnesota Pollution Control Agency, which has the function of controlling or abating the emission of air contaminants to the atmosphere. Recreational Fire A wood burning fireplace and/or open fire used solely for outdoor food preparation. Burninz Permit A written permit issued by the City Fire Chief and/or City Fire Marshal authorizing fires that are exempt from the general provisions hereof, and setting conditions therefore. Section 2. Open Burnintr Prohibited. From and after the effective date ofthis Ordinance, except as herein otherwise provided, open burning shall be prohibited within the City of Andover. Section 3. Exemptions. Open burning ofthe types, and subject to the conditions, as hereinafter stated, shall be exempt from the prohibition of Section 2 of this Ordinance: / .I A. Recreational Fires. Rules and Regulations. Recreational fires are allowed, but are subject to the following limitations: Burning will be allowed from 5:00 p.m. until 1 :00 a.m. Recreational fires will not be allowed for more than three (3) consecutive days at the same property or location. The fire is to be attended at all times by a responsible person who understands the rules for burning and who can also use the extinguishing equipment that must be present. An attendant shall supervise the burning material until the fire has been properly extinguished. Shovels, buckets of water, and a garden hose are considered proper equipment. The fire can be no larger than three (3) feet by two (2) feet and flames no higher than three (3) feet. Fires larger than this requirement are not permitted. The fire must be constructed in a "fire ring" and/or pit at least twenty-five (25) feet away from any structure. The wind speed must be below ten (10) miles per hour. Flammable liquids may not be used to start any recreational fire. 1 If a burning ban is in effect, all recreational fires are prohibited. Only clean, dried wood (similar to what is burned in a living room fireplace) or charcoal is permitted to be burned. Absolutely no grass, leaves, or brush is allowed to be burned. The following are prohibited materials and cannot be burned. , / 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Tires, rubber or rubber products. Chemically treated lumber. Railroad ties, telephone poles. Plastic pesticide or herbicide containers. Chemicals of any kind. Plastic liners in seed, feed, or pesticide bags. Any plastic containers or other household waste. Tar paper, shingles, or other asphalt materials. Insulation. Composition board or sheet rock. Construction materials. Wiring, insulation on wiring, or cable. Hazardous waste (including household hazardous waste). Commercial or institutional structures. Paint or paint filters. 2 16. Used motor oil or other petroleum-based liquids. 17 . Vehicles, motors, or parts of vehicles or motors. 18. Furniture. 19. Other items or materials as determined by the Fire Chief to not be appropriate. Violations of any of the above rules will result in the immediate extinguishment of the fire. These and any other violation of the open burning laws could result in loss of the right to have recreation fires and may result in a citation. B. Fires under managed supervision, for which a written burning permit has first been obtained from the City Fire Chief and/or Marshal, where necessary, but limited to the following: 1) Fires purposely set for the instruction and training of public and industrial firefighting personnel. 2) Fires set for the elimination of a fire hazard which cannot be abated by any other practicable means. 3) The burning of trees and brush. The fee for such permit shall be as set by City Council Resolution. J 4) Any exemption hereafter adopted by the Minnesota Pollution Control Agency. C. Exemption to conduct fire or bum under this Section does not excuse a person from the consequences, damages or injuries which may result therefrom nor does it exempt any person from regulations promulgated by the Minnesota Pollution Control Agency or any other governmental unit exercising jurisdiction in matters of pollution or fire hazard regulation. D. Minnesota Rules, Parts 7005.0700 to 7005.0820 (and as amended) are hereby adopted relating to open burning and issuance of permits. Section 4. Severability . If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the Ordinance. Section 5. Penalty. / Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as defined by State Law. 3 Section 6. Effective Date. . , This Ordinance shall be effective upon its passage and publication. Adopted by the City Council of the City of Andover on this _ day of 1997. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor 1 . / 4 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Change Order #1/95-24/Extension of Time/ Coon Creek BikewaylWalkway Trail /S Scott Erickson~ Engineering The City Council is request to approve Change Order #1 for the Coon Creek BikewaylWalkway Trail, Project 95-24. The change order is for an extension of time to complete the project. The project is currently substantially complete. J . .' 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. 95-24, COON CREEK BIKEWAYIWALKWAY TRAIL. WHEREAS, the City of Andover has a contract for Project No. 95-24 with Alber Asphalt of ROQers. MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 95-24. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 4th day of November, 19--K, ; with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk '. J CHANGE ORDER .' CITY OF ANDOVER Andover, MN October 20 , 19-9L. Change Order No.-L To Alber Asphalt For Proiect 95-24. Coon Creek BikewaylWalkway Trail For City of Andover You are hereby directed to make the following change to your contract dated June 17 , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This change order will (increase) (docmaso) (no change) the contract sum by Zero Dollars ($.Q..QQ). This change order provides for the following extra work: Revised completion from August 22, 1997 to October 24, 1997. The contractor was delayed due to permit requirements for Burlington Northern Santa Fe Railroad. Approval City of Andover Owner City Engineer Date Approval Alber Asphalt Contractor ~{JI'-", 10/40/7, Date By By J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ,- DATE: November 4. 1997 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd Haas, J( Engineering ITEM NO. Approve Feasibility Report/96-16/ 14220 Crosstown Boulevard NW /~. The City Council is requested to approve the resolution accepting the feasibility report and calling public hearing on improvements of sanitary sewer and watermain for Project 96-16, 14220 Crosstown Boulevard NW. The proposed assessment is recommended based on 1991 rates (year connected to sanitary sewer and watermain) and they are as follows: , Watermain / Area Charge Previously Paid Connection Charge $1,055.00 Lateral Charge 100 Ft. x $22 $2.200.00 Ft. $3,255.00 Sanitary Sewer Area Charge Connection Charge Lateral Charge 100 Ft. x $22 Ft. Previously Paid $244.43 $2,200.00 $2,444.43 The total proposed assessment for watermain and sanitary sewer is $5,699.94. The public hearing was scheduled for December 2, 1997 at 7:00 PM. Note: Please refer to the October 21, 1997 City Council packet for backup information. 1 \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF SANITARY SEWER AND WATERMAIN PROJECT NO. 96-16 IN THE 14220 CROSSTOWN BOULEVARD NW AREA. WHEREAS, pursuant to Resolution No. 248-97, adopted the 21st day of October, 1997 a Feasibility Report has been prepared by the City Enaineer for the improvements: and J WHEREAS, such report was received by the City Council on the 4th day of November 4, 1997; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $5.699.43. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 96-16, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $5,699.43. 3. A public hearing shall be held on such proposed improvement on the 2nd day of December, 1997 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this ~ day of November ,19~, with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1997 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Scott Erickson.&L Engineering ITEM NO. Request Speed Study/Anoka County/Bunker Lake Blvd. NW /1. The City Council is requested to authorize the Anoka County Highway Department to request a speed study for Bunker Lake Boulevard NW between Hanson Boulevard NW and Round Lake Boulevard NW. I ) October 8, 1997 DECFlVED OCT 1 4 1997 CITY Ur-- ANDvllER Mr. Todd Haas Assistant City Engineer City of Andover 1685 Crosstown Blvd., N.W. Andover, MN 55304 Dear Todd: I am writing to follow up our phone conversation of Oct. 3, 1997. In that conversation I expressed a desire to see the speed limit on Bunker Lake Blvd. reduced from 50mph to 40mph after I witnessed the second of two serious accidents in a couple of months' time. I happened to come upon these accidents at random in my own travel along the stretch from Bunker Lake Blvd. and Round Lake Blvd. to Bunker Lake Blvd. and Hanson Blvd. How many more accidents are occurring because of speed limits in this area and how long will it be before someone is killed? / Bunker Lake Blvd. currently has a posted speed limit of 50 mph. This speed limit made sense and was adequate 25 years ago when this area was basically rural and Bunker was a country, county road. Today we have an urban environment with 3 churches. 2 schools, day cares, multiple housing developments, and lots of pedestrian and bike traffic on this stretch alone. Because of this, the traffic load from automobiles has increased greatly and the laws for speed limit existing now do not reflect this change in the area and usage of the road. Because of the increased load on Bunker, conditions have become extremely dangerous in all but the least traveled late night and very early morning hours. To try to make a turn onto Bunker from almost any side street is to take one's life into one's hands. In addition, trying to make a turn off of Bunker onto a side street is equally dangerous because of approaching traffic from the rear at 50+mph. Worse yet, this traffic routinely, illegally passes the turning vehicle on the right side of the road 9 out of 10 times at 50+ mph without regard for pedestrians or bikers traveling against traffic in the right lane. If there have not already been fatalities, there will be. The current situation is clearly not in accordance with Minnesota's Basic Speed Law (Minnesota Statute 169.14) which states that "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and in no event at a speed which endangers the safety of persons or property." Therefore, I would like you to make a written request to Jane Pemble, Anoka County Traffic Engineer, for a speed zone study to be done along this stretch of Bunker as well as an accident report and a use study in a first step toward lowering the speed limit to 40mph along Bunker and and to 30mph in school zones. I urge you and those who are capable of effecting this change to take action as swiftly as possible before we lose lives. Let's let common sense and a sense of urgency propel us to take this relatively inexpensive and immediate action in an effort to save the lives at risko-those of us and our children who must travel this dangerous stretch of road daily. Thank you very much for your assistance. Yours sincerely, ) IJUtt )J[~~L Ann McCann CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: November 4. 1997 ITEM NO. Accept Petition/95-5/14122 Prairie Road NW/SS 1(. ORIGINATING DEPARTMENT Todd Haas, _,V Engineering~~'L AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of sanitary sewer for Project 95-5, in the area of 14122 Prairie Road NW. " 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 SANITARY SEWER , PROJECT NO. 95-5, IN THE AREA OF 14122 Prairie Road NW . WHEREAS, the City Council has received a petition, dated October 24. 1997 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is -0- 3. The proposed improvement is hereby referred to the Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 4th day of November, 19 97, with favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in voting Council members CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk ~ QS--5" ./ Date 10 (~3/c(7 RECEIVED OCT 2 4 1997 . CITY OF ANDOVER Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements of watermain, ~itar; se~, storm sewer and streets (circle one or more) with the costs of the Improvement to be assessed against my benefitting property. Said petition is unanimous and the public hearing my be waived. We would like to be assessed over a 5 year period. J Sincerely, Property Owner Address City, State, Zip Phone (Home) (Work) -ft//~( ~~ t\1a/~ )J!C;1+h { t{ 1;:Q. P fcd/,t ettLvw Af/. Mel, p,tAJ S 550'-( J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: November 4. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson~t.. ITEM NO. Engineering Approve Change Orders/96-15/Public Works Expansion If. The City Council is request to approve the following Change Orders for Project 96-15, Public Works Expansion. o Change Order #5 for Julian M. Johnson Construction o Change Order #1 for Reliance Electric These items will be funded from the contingency portion of the budget with the City Hall footing work for the exterior brick wall being funded from the original budget. Attached are the change orders for your review. 1 / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Julian M. Johnson Construction of Anoka. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 4th day of November , 19-.J!L, . / with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / ) 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. 96-15. PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Reliance Electric of Zimmerman. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 4th day of November , 19~, J with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / City of Andover CHANGE ORDER No. 00005 1685 Crosstown Blvd ! '')ver. MN 55304 Phone: 612-755-5100 Fax: 612-755-8923 . I 11TLE: Trash Grates at flared end sections DATE: 10/29/97 JOB: 4106 CONTRACT NO: 1 PROJECT: Andover Public Works Building TO: Julian M. Johnson Construction 6190 Industry Ave. Anoka, MN 55303 ATIN: Carl Johnson RE: To: From: Number: DESCRIPTION OF CHANGE lItem DeSeriiitimf ...... StOCkM ...... '.'>~ItJliitl,...U1iit.Priie:TIl1:~TAiAmolllliNdl.~1 00001 Providetrash grates at flared end ..,<tiem 00002 Provide cxcavatian and badcfill for the work to be done at City HaU 1.000 Lot $1,960.00 0.00% $0.00 $1,960.00 1.000 Lot $6,810.00 0.00% $0.00 $6,810.00 / Unit Cost: Unit Tax: Lump Sum: Lump Tax: Total: $8,770.00 $0.00 $0.00 $0.00 $8,770.00 The Original Contract Sum. was _.............................................................................................. Net Change by Previously Authorized Requests and Changes ................................................ The Contract Sum Prior to This Change Order was The Contract Sum Will be Increased ................................................................................... The New Contract Sum Including This Change Order The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is 5102,632.00 521,974.00 $124,606.00 $8,770.00 5133,376.00 ACCEPTED: Julian M. Johnson Construction B~" . City of Andover By: Adolfson & Peterson, Inc. By: / Carl Johnson Scott Erickson Tom Stone Date: Date: Date: Expedition II JLlHlN M. Jo-lNS(}l co Fax:612-323-7S79 ctt 15 '97 14:42 P.02/02 JULIAN M. JOHNSON CONSTRUCTION CORP. , 1 GencrV lixcav~tins I1Jd Fi/1 H~uliI1g 6190 Industry Avenue NW Anoka, MN 55303 ~ Phone(612)323-2900 ~ ~ ~ Fax(612)323-7579 ~ TO: ^dolf.~on & .Peterson, 1no. 6701 West 23rd Street Minneapolis, MN 55426 PROPOSAL PHONE: 544-1561 DATE:October 15,1997 pROJECT NAME: Andover Public Works LOCATION: AndovCT PlAN OATE:N/A PROJECT """NACER: Tom Stone we.....,.---..~....---.... SECTIONS BIDDING; Furnish and Install Five 15" Trac;h Guards 1 Excluded: ADDENDUMS NOTED w. ........ 'D""'" ..-.MIl MlIIl*W . .......... ... ~ "",pi""" will ... .... ~.............. ~ ONE THOUSAND NINE HUNDRED SIXTY AND Non 00 DOLLARS Payment to be made 85 follows: NI M__ . ......nbnd lODe .. ,pectntd. All wurl ~be~ ill .P~ mlII'Il* ~intlD*"dn~. Alrr ......."ar~fKn... ~ JI;'OCiflCalJOfl$ WhCh II'W'OfYft en. aDII; wll"".,..dt oN! upon........ ~ar.~. ~.e~ort1....,-dWll"shOwftOft ~nt~ ..atnCUrtlO'lftI'end eb9tehGr'V'NI ~."~~thM..WlII"ot'" ~b"" nousood b'/ l1r;k.. __ Of ... dol",.......,.., oot; of GoCI. 011' -- ... ~by\N.,.'.eOtrl~I~ Note: This Proposal may be withdrawn by us if not accepted within 30 days ACCEPTANCE OF PROPOSAL: :""'~""""___-"^"t'W___IIv.........--"..ItV""''''''$ 1,960..00 NET 30 DAYS FROM DATE OF INVOICE' n._ ...... ... _~ v... _..-..........__. .-.~......-...-- Authorized Signature Signature: .: Signature: Dale of Acceptance: JLLIAN M. JrHISl:N co Fax:512-323-7579 Sep 24 '97 11:11 P.02/02 ~ JULIAN M. JOHNSON CONSTRUCTION CORP. GI1nOJ'fl/ E.1(el.vafing and Fi/llfauJir1g 6190 Industry Avenue NW Anoka. MN 55303 Phone(612)323-2900 Fax(612)323-7579 ria 1 TO: Adolf:lOn & PetcT5on, Inc. PHONE: 544-1561 I DATE:Seotember 24. 1997 6701 West 23rd Street PRO..tECT NAUE: Andover Public Worlc!: I Minneapolis. MN 55426 LOCATION: Andover I PLAN DATE:N/A PRo..tECT ~NAGER: Tom Stone w.~,...,._. . ...-- SECTIONS BIDDING: Remove Bitu.'Tlir.ous, Concrete & Planters Excavate and BackfiJl to frost footing for Brick Installation I Exduded: Restomtion ADDENOUMS NOTED None w.,,.,...... DhnMH ............ ~_.~........ &ONIfkdDM..e....... ~ SIX THOUSANO EIGHT HUNDRED TEN AND :.......,..",,.,,...,...,_""'_........,IIW....I/Iwlf/lwtlllw,..,"""'....,,..,,.,,....$ 6.810.00 NO/1oo DOLlARS Payment to be made 88 follows; NET 30 DAYS FROM DATE OF INVOICE A,l1 u.. ...,...#IIIMd" be _ ~Atd Ni.... tIIlI be c~ ill . ploIMcIDnal ",.n"", ~",to- ~ CWK'ticet. kr1....iontoor~.. troll..., IbOW ~". Vl.eh tnwlfrwn". CDSft wiI ~ ~ on/y upotI rtctiPt Of., IIInOlaCl. wriIIefl *"lIt- and,,;1 bo _an subMqu..._........ra_1llCl ....,...... original ",IMN... is lftCt.~,...... "" hOt t.e P8MIDcI for 41._ ~ taU"" ~ Ilrim. o<<OIon... _doIo1oc'''_bJ _ '" Go4. au- -...... \~ ......... by w...,... Compansotion_. Nole: This Proposal may be withdrawn Authorized by us if not accepted within 30 days Si~ -.71 Mv ~lnitzkv ACCEPTANCE OF PROPOSAl: __..-.. 'n .......~.. 1ft _.. __ v............... ........ _.. .....-. ...,-_Dl____ Signature: , I ...ignature: Date of Aoceptar..e: PROPOSAL City of Andover CHANGE ORDER No. 00001 1685 Crosstown Blvd 'wet. MN 55304 / Pbone: 612-755-5100 Fa:s:: 612-755-8923 TITLE: Exterior Lighting Office Building PROJECT: Andover PUblic Works Building TO: Reliance Electric 26122 Main Street PO Box 241 ~immerman. MN 55398 ATIN: Kelly Johnson DATE: 10/29/97 JOB: 4106 CONTRACT NO: 1 RE: DESCRIPTION OF CHANGE To: From: Number: litem ~1i1"lti01I .. SfuddI.<< OBaJltft.YUrdU> ><1J1IitPrkeT8i1&te::1'ai~NdADiOUJdI-' 0000 1 2 Exlcrior Lil!Jlls to maIdl DCW garage building 1.000 Lot $728.00 0.00% $0.00 $728.00 Unit Cost: Unit Tax: Lump Sum: Lump Tax: Total: $728.00 $0.00 $0.00 $0.00 $728.00 The Original Contract Sum was .............................................................._................................. Net Change by Previously Authorized Requests and Changes ................................................ The Contract Sum Prior to This Change Order was The Contract Sum Will be Increased ................................................................................... The New Contract Sum Including This Change Order The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is $121,288.00 $0.00 $121,288.00 $728.00 $122,016.00 ACCEPTED: Reliance Electric City of Andover By: Adolfson & Peterson, Inc. By: p , -' Kelly Johnson Scott Erickson Tom Stone Date: Date: Date: ExpediIion II ~ELIANCE ELECTRIC INC. TEL:1-612-9S6-3077 ~ Oct 16.97 10:09 No.003 ~ .~. ~. ..~.~;! ;!:::?~ f"~"';~',}:, =. -~.;, ~...; ilia. ,,' P.Ol .'.: : JrupuKal Reliance Electric, In~:~.r.' 26122 Mala Street. P.o. Do" 241 . zam-.. MIIIIlCIOla "m (612) 8'6-4371 . FIX (1112) ~3077 IlBSIDENrTAL & COllMlIRClM. , / . ~i'; ;" ~ __1Gl: .' +- "\. ~ }~.~~. :'l)j';;,;. .l....,. .' Mti:r~~ ,,' -..__...............AI_....._...__ By ..... It_..-,.., _ or _ _ _ ......_.-. . _....._..,,__~ONI..._.._..._... ...._.AI..._-....___..-,.__...... .,."..........,..._____o..._...~-.., ~,~......1.J..iIl....... . IJ'fIUttt df Jf&tp&1'Al - TIle OM prlon,lPICIllCdllrIe wi' - , Il'IlIlIII8cIory and... .....by.-pllel. You ete luf1odz.. 8lgnalIft :to, _ / .xiIulpldW. PaJl'll8lll w111H1 madt _ 0UlI1lId IbOYt. ,,~ ~... .. ........-... . . -~._..' . '-.--..-. _.. '. ..-. ~------ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ DATE: November 4, 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,J( Engineering ITEM NO. Approve Final Payment/97 -25/Fencing ~n The City Council is requested to approve the resolution accepting work and directing final payment to Mid-Metro Construction for Project 97-25, for Fencing at Sunshine Park, Pleasant Oaks and Pine Hills. / '\ / , 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MID-METRO CONSTRUCTION FOR PROJECT NO. 97-25 FOR THE IMPROVEMENT OF FENCING/SUNSHINE PARK. PLEASANT OAKS AND PINE HILLS. WHEREAS, pursuant to a written contract signed with the City of Andover on _ September 2 ,19 97 , Mid-Metro Construction of Wvominq, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby / directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 4th day of November, 19 97 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk ) C/lY OF ANDOVER REQUESTFORCOUNOLACTION ) DATE: November 4, 1997 AGENDA SECTION Non-Discussion Items ORIGINATING DEPARTMENT City Clerk 6.0, ITEM NO. C;; J I Approve Contact/Peach Associates, Inc. Attached is a letter from Marcie Peach requesting an increase in her contract for taking and transcribing minutes of city meetings. Also attached is a copy of her proposed contract. Ms. Peach has not received an increase for the last two years. The increases would be $.45 per page of typewritten page of minutes and a $1.00 per hour increase for Commission and Committee meetings. The hourly rate for City Council meetings will remain at $22.00. J J October 28, 1997 / Mayor Jack McKelvey Councilmembers Dehn, Knight, Kunza, Orttel CITY OF ANDOVER 1685 Crosstown Boulevard NW Andover, MN 55304 The Honorable Mayor and Council: Enclosed is an updated contract between the City of Andover and Peach Associates, Inc., for the taking and transcribing of Minutes of the City Council and the various other Committees and Commissions. The contract proposes an increase in the 1998 rates; however, it should be noted that this is the first increase since 1996. City Council - Hourly rate to remain at $22/hour of meeting Increase from $7.80/typewritten page to $8.25 per typewritten page of Minutes , / Commissions and Committees - Increase from $19/hour to$20/hour of meeting Increase from $7.80/typewritten page to $8.25 per typewritten page of Minutes The proposals equates to a 4.2 percent average increase, or about 2 percent for each of the last two years. As always, I have been very careful to keep the costs to the City down, often times not charging for pages ofless than one-half, for running a few minutes to the next meeting, or for meeting the needs of the Staff for copies of minutes or motions quickly. I look forward to continuing my service to the City of Andover and greatly appreciate the support the Council and the Staff has given me over the years. Thank you. Sincerely yours, / CONTRACT AGREEMENT \ j This contract agreement between PEACH ASSOCIATES, INC., 15830 University Avenue NW, Andover, MN and the CITY OF ANDOVER., 1685 Crosstown Boulevard NW, Andover, MN shall be effective beginning Tuesday, January 2, 1998, and may be terminated by written notice within 60 days by either party. The contract agreement includes the following: 1. Peach Associates, Inc., agrees to provide the City of Andover with one Copy of Minutes for City Council, Planning and Zoning Commission, Park and Recreation Commission, Tree Commission, plus any other committee meetings so directed by the City, within seven working dates after the date of the meeting. 2. The City of Andover shall provide City letterhead for the first page of the Minutes, tapes for recording the meetings, and supporting Agenda material for the meetings. All other supplies shall be furnished by Peach Associates, Inc. 3. The City of Andover agrees to pay Peach Associates, Inc.: City Council- $22 per hour or fraction offor meeting attendance and one-half hour of travel time ($11) per meeting; plus $8.25 per typewritten page of Minutes / Commissions and Committees - $20 per hour or fraction offor meeting attendance and one-half hour of travel time ($10.00) per meeting; plus $8.25 per typewritten page of Minutes 4. Changes to the above stated fees must be by mutual agreement of both parties. PEACH ASSOCIATES, INC. \{\~~cuL Maftella A. Peach CITY OF ANDOVER Jack McKelvey, Mayor Victoria V olk, City Clerk 1 DATE: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Change Orders #2 (94-33B) & #2 (94-33C)/ Include Environmental Clean Up/Mom's Auto Salvage Yard ad}. Scott Erickson,~l Engineering The City Council is request to approve Change Order #2 for Commercial Boulevard NW Extension Contaminated Soil and Debris Removal (Part 1), Project 94-33B with Belair Excavating and Change Order #2 for Commercial Boulevard NW Extension Contaminated Soil and Debris Removal (Part 2), Project 94-33C with Superior Special Services, Inc. The City is currently under contract with both Belair Excavating and Superior Special Services, Inc. for contaminated soils clean up. Once we retain ownership of the site, we will proceed to clean up the previously identified contaminants on the site (from Phase II Investigation/Maxim). This request (see attached letter from McCombs Frank Roos Associates, Inc.) includes the cost of the environmental services also. / , , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 94- 33B. COMMERCIAL BOULEVARD NW EXTENSION CONTAMINATED SOIL AND DEBRIS REMOVAL (PART 1). WHEREAS, the City of Andover has a contract for Project No. 94-33B with Belair Excavatinq of New BriQhton. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-338. MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 4th day of November , 19 97 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk 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. _ 94-33C, COMMERCIAL BOULEVARD NW EXTENSION CONTAMINATED SOIL AND DEBRIS REMOVAL (PART 2). WHEREAS, the City of Andover has a contract for Project No. 94-33C with Superior Special Services. Inc of Fond du Lac, WI. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-33C. MOTION seconded by Councilmember and adopted by the ; City Council at a reQular meeting this 4th day of November , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk " , / McCombs Frank Roos Associates,lnc. 15050 23tdAvenue North, Plymouth, Mlnnesola 55447-4739 Telephone 612147&6010 61:'1476-8532 FAX EnginBB13 Planners SUrveylllll MEMORANDUM DATE: TO: October 28, 1997 SUBJECT: Scott Erickson, City Engineer leff Elliott ~ f. City of Andover South Andover SuperFund Site Commercial Boulevard Extension City Projeet #94-33B MFRA #11370 FROM: As requested, we have sumnwi~ cost estimates to address the Mom's Auto Salvage site. The estimate is based on Maxim's investigation which concluded the extent of contamination is about 500 cubic yards. The tasks and estimated costs are as follows: Thsk 1. Project Management and Reporting 2. Field Supervision, Sampling and Analysis 3. Soil Excavation and Stockpiling 4. Soil Transportation and Disposal Estimated Cost $ 7,450.00 $ 4,650.00 $10,400.00 $13 450.00 $35,950.00 Tasks I and 2 will be completed by McCombs Frank Roos Associates, Inc. (MFRA) and Maxim under our current contract. Tasks 3 and 4 will be completed under Belair's and Superior's existing contracts with the City of Andover, respectively. We are preparing to begin our services in early November, 1997. If you have any questions or need additional information, please contact me. Tluwks. c;\main;\l 1l70\eric1028 . 1 G1~ 'd EVZ~ 'ON M EtpaI Oppatmily ~ ~on~ ~~u~~ ~~wr,~~w WIICf7:1" 1~~I'Q7'1311 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . ) DATE November 4.1997 AGENDA SECTION N on-Discussion/Consent ORIGINATING DEPARTMENT Finance l"'\\\\" Jean D. McGann~ I ITEM NO. Dl3 . REDEEM G.O. IMPROVEMENT BONDS OF 1978 BACKGROUND: On November 1, 1978 the City of Andover issued $270,000 of General Obligation Improvement Bonds. These bonds can be paid off at any time after February 1, 1992. The current interest rate is 6%. Currently there is $92,171.91 available in this fund. The payoff amount for these bonds is principal of $40,000 and interest of $1,800.00 for a total amount of$41,800.00. The excess funds will be transferred to the PIR fund. 1 REQUEST: The Andover City Council is requested to approve the attached resolution calling for the redemption ofthe outstanding General Obligation Improvement Bonds of 1978. \ 1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA I Held: NOVEMBER 4, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota, was duly called to order on the 4th day of November, 1997 at 8:01 P.M. The following members were present: and the following members were absent: Councilmember adoption: introduced the following resolution and moved its RESOLUTION CALLING FOR THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 WHEREAS: A: The City Council ofthe City of Andover, Minnesota issued $270,000 General Obligation Improvement Bonds of 1978, dated November 1,1978, of which, bonds maturing on February 1, 1998, and thereafter, $40,000 still remain outstanding: and I B. All of said bonds maturing on February 1, 1992 through 1999 are subject to redemption, in whole or in part, and prepayment at the option of the City on February 1, 1991 and on any payment date thereafter at 100% plus accrued interest, all as provided in the resolution of the City authorizing the issuance of said bonds; and C. The City deems it desirable and in the best interest of the City to call $20,000 of the outstanding of said bonds maturing in the year 1999, for redemption on February 1, 1998, in accordance with said resolution authorizing the issuance of said bonds, and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota as follows: 1. $20,000 of the General Obligation Improvement Bonds of 1978, dated November 1, 1978 of the City of Andover, Minnesota, maturing in the year 1999, bearing serial numbers 51 through 54, inclusive, and having a stated coupon rate of 6%, shall be redeemed and prepaid on February 1, 1998 at 100% of their principal amount plus accrued interest for each such bond called. 2. The City Clerk is hereby authorized and directed to publish the Notice of Call for Redemption as provided in the resolution of the City authorizing the issuance ofthe Bonds, and to give mailed notice of call to the bank where said bonds are payable and to all holders of the bonds. ) Said notice shall be in substantially the following form: i 3. The City Clerk is hereby authorized and directed to deposit with the bank where said bonds are payable, prior to said call date, sufficient funds to pay all principal and interest due on the bonds as of the call date. The motion for the adoption ofthe foregoing resolution was duly seconded by councilmember and upon a vote taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. J , ) NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 DATED: NOVEMBER 1,1978 CITY OF ANDOVER, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Minnesota, there have been called for redemption and prepayment on February 1, 1998 ) those outstanding bonds ofthe City designated as General Obligation Improvement Bonds of 1978, dated November 1, 1978, having the stated maturity date in the year of 1999, bearing serial numbers 51 through 54, inclusive, having the stated coupon rate of 6%, with the assigned cusip number 034313-CM-6, and totaling $20,000 in principal amount. The bonds are being called for redemption at a price of 100% of their principal amount plus accrued interest to February 1, 1998, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds with subsequent coupons attached for payment at Norwest Bank Minnesota, National Association (formerly Northwestern National Bank of Minneapolis), ifby mail to: Corporate Trust Operations, Sixth and Marquette Avenue, Minneapolis, Minnesota 55479-0113; or if in person to: Corporate Trust Bond Window, Northstar East 12th Floor, 608 Second Avenue South, in Minneapolis, Minnesota, on or before February 1, 1998. Dated: November 4, 1997 BY ORDER OF THE CITY COUNCIL Isl Vicki V olk City Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31 % will be withheld iftax identification is not properly certified. Additional Information may be obtained from: JURAN & MOODY 110 Minnesota World Trade Center 3 East Seventh Street St. Paul, Minnesota 55101-2091 Telephone No. (612) 224-1500 Attn: Lori A. Gianpaolo Public Finance Department 1 STATE OF MINNESOTA CITY OF ANDOVER CITY OF ANOKA I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of the City Council meeting held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to calling for redemption the outstanding General Obligation Improvement Bonds of 1978, dated November 1, 1978. WITNESS my hand as such Clerk of the City of Andover, Minnesota, this 4th day of November, 1997. City Clerk , 1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , DATE: November 4. 1997 AGENDA SECTION Non-Discussion Items ORIGINATING DEPARTMENT City Clerk ~~. ~. ITEM NO. 1,,;(1, Approve Hiring/Secretary-Receptionist One-half of our job share position as secretary-receptionist left the city on October 23, 1997. The applications on file were reviewed and several former candidates for this position were contacted; however, with the exception of one person, they were either not interested or were employed elsewhere. Jean McGann and I interviewed Karla Seymour, an Andover resident, and believe that she has the qualifications to fill this position. Council is requested to approve hiring Ms. Seymour at a rate of $8.49 per hour with an increase to $9.86 per hour on January 1, 1997 pursuant to the step program. j / DATE November 4. 1997 ITEMS GIVEN TOiTHE CITY COUNCIl.. . Planning and Zoning Commission Minutes - October 14, 1997 . Park and Recreation Commission Minutes - October 16, 1997 . City Council Minutes - October 21, 1997 . Special City Council Minutes - October 21, 1997 . Comprehensive Plan Task Force Minutes - October 23, 1997 . Schedule of Bills , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Date November 4. 1997 . AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance Shirley Clinton e I ITEM NO. Schedule of Bills I REQUEST: The Andover City Council is requested to approve total claims in the amount of$ 641.063.30. BACKGROUND: Claims totaling $ 79.425.03 on disbursement edit list #1 dated 10/28/97 have been issued and released. Claims totaling $ 561.638.27 on disbursement edit list #2 dated 11/04/97 will be issued and released upon Council approval. Date: 11-04-97 Approved By: . '" c c,,, o t'x:;, m .... DieT om~ ...."C ""n <0." ....~~ ... 0 " " m n.. o 0"" ....~ . m .. o ~ '" ~ ~ " " . ~ '" >:0 .... 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" w.. n (go ..:J::oro 0" 1:: . ....g>.... " "'~~~"8~~ '" ~..........~z 02:1-i~{,Qt/) " ;;! 5:!!!~ ..>1 l'i . OH ~a or ..Sf;: ~ " .. ~.. .... '" ...... 0 " ~fi z n " " .... z " t< .... .. .. 0 .. .. .... t< t" '" i:: '" '" ~ '" 1;; .. ~ t' 0 " ". " . .. ~ ~ .. " " .... .... .... . '" '" '" .. '" "'.... .. ~ .. .. .. .. ...... ............., .. 0 .... .... !ii t' .... ....'" O'll.OU'tlnln !ii .. .... ........ .. ~ .. .. .. .. ...:IO'l t<.)w CD \0 OOWW .. .. W W " W 1>>-...1..,,10.1.....,...,\0..111 " ... " .. .. '" .. O'lOU1""'W-..ltnlnO\,Q '" .... " N ;, ~ N . . . . . . . . . . ~ .... ...,Jt>,)WOCDCOO"\D..,J . ~ .. ... ... WIl1...:10CD\O"""'O\\O .. '" i:: .. '" 5l " " .. 0 '" '" ~ '" ~ "" t<t' "'0 ..... 00 "'.. < On ~~ o o "'.. " S~ "9 1;.. "'" . \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 4.1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Public Hearing Finance Jean D. McGann lITEM NO. Assessment Hearing/Certify Delinquent Utility Bills BACKGROUND: The owners of the parcels with delinquent sewer, water and/or street lighting service charges have been notified of the proposed assessment and certification process. The delinquent balance for the proposed assessment totaled $28,800.60 as of October 24, 1997. Notice of the assessment hearing was mailed to affected property owners on October 7,1997. Payments received through October 24 have been applied to the delinquent accounts, reducing the delinquent balance to $28,800.60. An administrative fee equal to 15 percent of the delinquency plus interest of 8 percent is added to each delinquent account. Therefore, the total assessment for delinquent sewer, water and street light services is $35,424.74. REQUEST: The Andover City Council is requested to approve the attached resolution adopting the assessment roll after the Council has met, heard and passed upon all objections for delinquent sewer, water and street lighting service charges. The resolution adopting the assessment roll is attached. .. 1997 11/4/97 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/31/97 Amt. Certified PIN# Service Address Amount Includina 8% 34-32-24-33-0041 2294 133rd Lane NW 109.43 134.60 33-32-24-43-0026 2730 133rd Lane NW 83.90 103.197 32-32-24-43-0066 3535 133rd Lane NW 57.45 70.66 32-32-24-43-0067 3547 133rd Lane NW 246.31 302.96 33-32-24-44-0029 2503 134th Avenue NW 56.89 69.97 33-32-24-43-0010 2657 134th Avenue NW 29.34 36.09 32-32-24-43-0043 3447 134th Avenue NW 724.42 891.04 34-32-24-44-0059 1772 134th Lane NW 156.72 192.77 34-32-24-43-0030 1879 134th Lane NW 135.14 166.22 34-32-24-43-0013 1982 134th Lane NW 83.26 102.41 33-32-24-44-0017 2426 135th Avenue NW 538.30 662.11 33-32-24-44-0004 2475 135th Avenue NW 206.09 253.49 33-32-24-44-0012 2486 135th Avenue NW 177.88 218.79 33-32-24-41-0058 2586 135th Lane NW 98.12 120.69 32-32-24-43-0013 3412 135th Avenue NW 47.85 58.86 32-32-24-43-0012 3422 135th Avenue NW 35.57 43.75 34-32-24-34-0067 2133 135th Lane NW 94.86 116.68 34-32-24-33-0105 2214 135th Lane NW 86.74 106.69 32-32-24-42-0056 3432 135th Lane NW 29.06 35.74 32-32-24-42-0020 3501135th Lane NW 16.88 20.76 33-32-24-41-0024 2552 136th Avenue NW 361.69 444.88 35-32-24-13-0038 1137 137th Lane NW 113.58 139.70 34-32-24-24-0070 2094 137th Lane NW 162.76 200.19 34-32-24-24-0077 2158 137th Lane NW 46.08 56.68 34-32-24-24-0074 2194 137th Lane NW 362.71 446.13 35-32-24-13-0055 1153 138th Avenue NW 178.73 219.84 33-32-24-13-0064 2658 138th Avenue NW 20.92 25.73 33-32-24-13-0052 2720 138th Avenue NW 220.73 271.50 32-32-24-13-0050 3438 138th Court NW 111.47 137.11 32-32-24-13-0039 3445 138th Court NW 80.74 99.31 32-32-24-13-0049 3446 138th Court NW 18.10 22.26 32-32-24-13-0047 3462 138th Court NW 223.96 275.47 34-32-24-23-0014 2303 138th Lane NW 331.14 407.30 32-32-24-14-0060 3222 138th Lane NW 100.34 123.42 32-32-24-13-0011 3407 138th Lane NW 184.24 226.62 34-32-24-22-0027 2322 139th Avenue NW 24.69 30.37 33-32-24-21-0052 2955 - 139th Avenue NW 33.60 41.33 33-32-24-21-0053 2971 -139th Avenue NW 33.60 41.33 32-32-24-24-0043 3694 139th Avenue NW 87.11 107.15 32-32-24-24-0032 3719 139th Avenue NW 446.46 549.15 35-32-24-12-0044 1098 139th Lane NW 186.15 228.96 32-32-24-12-0030 3452 139th Lane NW 67.72 83.30 32-32-24-21-0058 3741 139th Lane NW 22.02 27.08 32-32-24-11-0030 3244 -14Oth Avenue NW 33.60 41.33 32-32-24-22-0009 3855 140th Avenue NW 44.14 54.29 35-32-24-21-0056 1347 140th Lane NW 92.54 113.82 Page 1 1997 11/4/97 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/31/97 Amt. Certified PIN # Service Address Amount Includina 8% 26-32-24-33-0035 1502 140th Lane NW 126.18 155.20 34-32-24-21-0014 2064 140th Lane NW 70.69 86.95 33-32-24-11-0039 2539 140th Lane NW 37.65 46.31 33-32-24-12-0027 2718 140th Lane NW 34.65 42.62 32-32-24-21-0005 3617 140th Lane NW 157.25 193:42 36-32-24-22-0047 615 140th Lane NW 18.20 22.39 35-32-24-11-0074 825 140th Lane NW 134.17 165.03 27-32-24-34-0071 2083 1415t Avenue NW 76.75 94.40 27-32-24-33-0080 2217 1415t Avenue NW 47.11 57.95 27-32-24-33-0032 2326 1415t Lane NW 209.57 257.77 29-32-24-34-0054 3659 1415t Lane NW 33.60 41.33 26-32-24-44-0044 924 142nd Avenue NW 93.71 115.26 26-32-24-43-0033 1096 142nd Avenue NW 653.15 803.37 26-32-24-43-0053 1107 142nd Avenue NW 240.43 295.73 29-32-24-43-0088 3441 - 142nd Avenue NW 33.60 41.33 29-32-24-43-0020 3458 142nd Avenue NW 81.55 100.31 26-32-24-44-0050 984 142nd Avenue NW 31.60 38.87 28-32-24-34-0007 2859 142nd Lane NW 34.65 42.62 28-32-24-34-0008 2905 142nd Lane NW 15.55 19.13 29-32-24-43-0063 3490 142nd Lane NW 263.74 324.40 26-32-24-32-0083 1563 143rd Avenue NW 345.84 425.38 29-32-24-31-0085 3605 143rd Avenue NW 468.60 576.38 29-32-24-32-0033 3834 143rd Avenue NW 125.10 153.87 26-32-24-32-0037 1469 144th Avenue NW 245.51 301.98 26-32-24-32-0079 1558 144th Avenue NW 349.29 429.63 27-32-24-32-0072 2206 145th Avenue NW 79.81 98.17 30-32-24-14-0067 4163 145th Lane NW 367.56 452.10 30-32-24-14-0071 4170 145th Lane NW 76.52 94.12 27-32-24-14-0037 1673 146th Avenue NW 61.05 75.09 30-32-24-14-0011 4039 146th Lane NW 130.29 160.26 30-32-24-14-0016 3994 146th Lane NW 107.22 131.88 26-32-24-22-0052 1448 148th Avenue NW 208.95 257.01 26-32-24-22-0034 1481 148th Avenue NW 108.56 133.53 26-32-24-22-0008 1452 148th Lane NW 72.73 89.46 27-32-24-11-0025 1696 148th Lane NW 114.02 140.24 27-32-24-11-0012 1717 148th Lane NW 84.66 104.13 27-32-24-11-0010 1747 148th Lane NW 114.94 141.38 09-32-24-41-0005 2569 - 168th Lane NW 59.11 72.71 09-32-24-42-0016 2686 - 168th Lane NW 59.11 72.71 09-32-24-42-0015 2762 - 168th Lane NW 59.11 72.71 23-32-24-34-0017 15076 Avocet Street NW 46.19 56.81 32-32-24-22-0062 13964 Aztec Street NW 145.16 178.55 32-32-24-22-0058 14028 Aztec Street NW 342.46 421.23 32-32-24-22-0052 14072 Aztec Street NW 217.21 267.17 29-32-24-32-0020 14450 Aztec Street NW 111.49 137.13 26-32-24-31-0025 14216 Bluebird Street NW 56.28 69.22 Page 2 1997 11/4/97 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/31/97 Amt. Certified PIN # Service Address Amount Includin~ 8% 26-32-24-31-0024 14236 Bluebird Street NW 119.55 147.05 26-32-24-31-0017 14378 Bluebird Street NW 80.35 98.83 26-32-24-23-0056 14554 Bluebird Street NW 169.54 208.53 26-32-24-24-0015 14677 Bluebird Street NW 12.31 15.14 23-32-24-34-0008 14971 Bluebird Street NW 172.08 211.66 33-32-24-14-0018 2461 Bunker Lake Blvd NW 342.60 421.40 33-32-24-32-0039 3112 Bunker Lake Blvd NW 37.50 46.13 27-32-24-32-0019 2312 So. Coon Creek Drive NW 239.17 294.18 29-32-24-42-0029 3419 So. Coon Creek Drive NW 243.25 299.20 29-32-24-42-0009 3458 So. Coon Creek Drive NW 61.61 75.78 35-32-24-22-0010 13879 Crane Street NW 15.71 19.32 26-32-24-33-0046 14216 Crane Street NW 23.74 29.20 33-32-24-12-0043 13943 Crocus Street NW 65.37 80.41 27-32-24-33-0056 14270 Crosstown Blvd NW 143.22 176.16 27-32-24-31-0008 14351 Crosstown Blvd NW 462.45 568.81 27-32-24-31-0004 14352 Crosstown Blvd NW 182.96 225.04 35-32-24-23-0035 13814 Drake Street NW 21.97 27.02 26-32-24-32-0047 14354 Drake Street NW 164.03 201.76 23-32-24-33-0008 14968 Eagle Street NW 64.59 79.45 23-32-24-33-0004 15024 Eagle Street NW 20.99 25.82 33-32-24-21-0051 13910 Eidelweiss Street NW 33.60 41.33 33-32-24-21-0050 13920 Eidelweiss Street NW 35.47 43.63 33-32-24-21-0048 13940 Eidelweiss Street NW 33.60 41.33 30-32-24-41-0010 14392 Eldorado Street NW 118.94 146.30 30-32-24-41-0016 14447 Eldorado Street NW 176.48 217.07 30-32-24-14-0043 14511 Eldorado Street NW 125.10 153.87 27-32-24-14-0008 14651 Grouse Street NW 301.90 371.34 27-32-24-11-0076 14681 Grouse Street NW 270.00 332.10 27-32-24-11-0068 14749 Grouse Street NW 409.38 503.54 33-32-24-23-0017 13887 Heather Street NW 95.11 116.99 33-32-24-21-0043 13917 Heather Street NW 33.60 41.33 33-32-24-21-0045 13945 Heather Street NW 33.60 41.33 33-32-24-42-0041 13594 Hidden Creek Drive NW 165.50 203.57 34-32-24-44-0066 13323 Ibis Street NW 119.84 147.40 27-32-24-14-0081 14540 Ibis Street NW 556.50 684.50 27-32-24-14-0020 14565 Ibis Street NW 152.82 187.97 33-32-24-22-0024 13942 Ivywood Street NW 207.47 255.19 34-32-24-44-0054 13343 Jay Street NW 51.61 63.48 34-32-24-44-0025 13485 Jay Street NW 80.05 98.46 27-32-24-14-0055 14664 Jay Street NW 61.61 75.78 27-32-24-11-0103 14712 Jay Street NW 80.42 98.92 27-32-24-11-0089 14717 Jay Street NW 204.65 251.72 27-32-24-11-0102 14724 Jay Street NW 172.10 211.68 29-32-24-41-0033 14367 Jonquil Street NW 28.86 35.50 29-32-24-41-0036 14409 Jonquil Street NW 202.73 249.36 29-32-24-41-0017 14411 Kerry Street NW 251.75 309.65 Page 3 1997 11/4/97 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/31/97 Amt. Certified PIN # Service Address Amount Includina 8% 29-32-24-14-0015 14525 Kerry Street NW 211.71 260.40 29-32-24-14-0009 14542 Kerry Street NW 74.66 91.83 32-32-24-41-0049 13643 Marigold Street NW 154.89 190.51 32-32-24-41-0045 13662 Marigold Street NW 66.61 81.93 08-32-24-44-0014 16629 Marigold Street NW 46.82 57.59 32-32-24-44-0042 13411 Narcissus Street NW 68.97 84.83 32-32-24-41-0019 13564 Narcissus Street NW 33.60 41.33 36-32-24-22-0011 13958 Norway Street NW 67.87 83.48 36-32-24-22-0017 14006 Norway Street NW 146.24 179.88 32-32-24-14-0011 13838 Orchid Street NW 79.41 97.67 29-32-24-44-0007 14197 Orchid Street NW 134.04 164.87 35-32-24-14-0046 13910 Palm Street NW 21.43 26.36 34-32-24-34-0025 13330 Partridge Street NW 20.51 25.23 27-32-24-31-0014 14357 Partridge Street NW 119.74 147.28 32-32-24-43-0081 13320 Poppy Street NW 121.65 149.63 32-32-24-13-0037 13816 Quay Street NW 244.82 301.13 32-32-24-13-0036 13822 Quay Street NW 145.30 178.72 29-32-24-43-0082 14206 Quay Street NW 33.60 41.33 29-32-24-43-0083 14212 Quay Street NW 33.60 41.33 29-32-24-43-0087 14217 Quay Street NW 8.00 9.84 29-32-24-43-0084 14218 Quay Street NW 8.13 10.00 29-32-24-43-0086 14223 Quay Street NW 33.60 41.33 29-32-24-43-0085 14224 Quay Street NW 33.60 41.33 35-32-24-11-0023 14014 Quince Street NW 39.20 48.22 34-32-24-24-0032 13788 Quinn Street NW 22.38 27.53 34-32-24-24-0053 13754 Quinn Street NW 109.89 135.16 34-32-24-24-0052 13760 Quinn Street NW 123.78 152.25 34-32-24-21-0020 14017 Quinn Street NW 33.28 40.93 34-32-24-23-0032 13763 Raven Street NW 128.05 157.50 34-32-24-23-0045 13776 Raven Street NW 59.12 72.72 34-32-24-23-0042 13814 Raven Street NW 137.78 169.47 34-32-24-23-0026 13835 Raven Street NW 170.12 209.25 34-32-24-23-0021 13890 Raven Street NW 110.99 136.52 34-32-24-22-0043 14056 Raven Street NW 25.18 30.97 27-32-24-32-0046 14385 Raven Street NW 84.69 104.17 32-32-24-13-0028 13872 Rose Street NW 461.59 567.76 29-32-24-43-0081 14209 Rose Street NW 33.60 41.33 29-32-24-43-0075 14210 Rose Street NW 33.60 41.33 29-32-24-43-0076 14220 Rose Street NW 33.60 41.33 29-32-24-43-0079 14229 Rose Street NW 33.60 41.33 29-32-24-43-0078 14240 Rose Street NW 33.60 41.33 29-32-24-42-0060 14410 Round Lake Blvd NW 47.85 58.86 29-32-24-13-0004 14516 Round Lake Blvd NW 181.55 223.31 32-32-24-13-0023 13853 Silverod Court NW 182.99 225.08 32-32-24-13-0016 13864 Silverod Court NW 89.33 109.88 32-32-24-12-0055 14001 Silverod Street NW 225.75 277.67 Page 4 1997 11/4/97 List of Delinquent Utility Bills To Be Assessed to County Auditor Balances as of 10/31/97 Amt. Certified PIN# Service Address Amount IncludinQ 8% 32-32-24-12-0059 14059 Silverod Street NW 138.22 170.01 29-32-24-43-0068 14208 Silverod Street NW 187.20 230.26 29-32-24-43-0072 14223 Silverod Street NW 33.60 41.33 34-32-24-33-0087 13505 Swallow Street NW 83.26 102.41 34-32-24-33-0085 13514 Swallow Street NW 123.62 152.05 35-32-24-14-0010 13825 Sycamore Street NW 103.20 126.94 35-32-24-14-0011 13835 Sycamore Street NW 57.80 71.09 26-32-24-41-0038 14316 Tamarack Street NW 60.94 74.96 27-32-24-33-0049 14273 Thrush Street NW 12.47 15.34 32-32-24-21-0031 13977 Tulip Street NW 94.76 116.55 32-32-24-21-0040 13980 Tulip Street NW 36.51 44.91 32-32-24-24-0064 13770 Underclift Street NW 30.85 37.95 32-32-24-21-0014 14018 Underclift Street NW 58.01 71.35 32-32-24-21-0008 14054 Underclift Street NW 50.11 61.64 29-32-24-34-0040 14225 Underclift Court NW 123.32 151.68 34-32-24-22-0011 13930 Uplander Street NW 31.50 38.75 35-32-24-13-0036 13764 Vale Street NW 357.33 439.52 35-32-24-13-0031 13788 Vale Street NW 179.52 220.81 26-32-24-43-0006 14231 Vale Street NW 255.08 313.75 26-32-24-42-0036 14435 Vale Street NW 201.16 247.43 32-32-24-24-0056 13788 Vintage Court NW 180.02 221.42 29-32-24-31-0121 14416 Vintage Street NW 27.16 33.41 32-32-24-23-0011 13892 Woodbine Street NW 94.77 116.57 32-32-24-23-0011 13892 Woodbine Street NW 261.92 322.16 32-32-24-23-0010 13918 Woodbine Street NW 131.14 161.30 32-32-24-23-0009 13936 Woodbine Street NW 160.22 197.07 29-32-24-31-0116 14338 Woodbine Street NW 93.22 114.66 33-32-24-44-0058 13365 Wren Street NW 139.54 171.63 33-32-24-44-0025 13426 Wren Street NW 10.32 12.69 33-32-24-44-0011 13510 Xavis Street NW 47.85 58.86 33-32-24-41-0039 13659 Xavis Street NW 498.94 613.70 29-32-24-31-0108 14349 Xenia Street NW 227.98 280.42 26-32-24-42-0015 14329 Xeon Street NW 352.70 433.82 23-32-24-34-0061 15069 Yellowpine Street NW 161.54 198.69 32-32-24-22-0008 14015 Yucca Street NW 23.42 28.81 29-32-24-32-0025 14490 Yucca Street NW 57.94 71.27 33-32-24-11-0019 14013 Yukon Street NW 35.86 44.11 35-32-24-24-0036 13760 Zilla Street NW 77.43 95.24 TOTALS 28,800.60 35,424.74 Page 5 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1997 AGENDA SECTION ADD-ON ORIGINATING DEPARTMENT Scott Erickson, ~ Engineering ITEM NO. Discuss Cul-de-Sac/Lot Split Jim Nielsen has requested that the City Council discuss a cul-de-sac for his lot split. , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ~ DA IE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT ADD-ON TO ITEM NO. 19 lit Scott Erickson,eye ITEM NO. Engineering' 19. Approve Change Orders/96-15/Public Works Expansion The City Council is request to approve the following Change Orders for Project 96-15, Public Works Expansion. o Change Order #6 for Julian M. Johnson Construction o Change Order #1 for KMH Erectors, Inc. These additions are budget items and do not increase the budget for the project. Attached are the change orders for your review. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Julian M. Johnson Construction of Anoka. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember and adopted by the City Council at a reaular meeting this 4th day of November , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with KMH Erectors. Inc. of Maple Plain. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 4th day of November , 19 97 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk City'of Andover CHANGE ORDER No. 00006 1685 Crosstown Blvd. Andover. MN 55304 Phone: 612-755-5100 Fax: 612-755-8923 TO: Julian M. Johnson Construction 6190 Industry Ave. Anoka, MN 55303 DATE: 11/4/97 JOB: 4106 CONTRACT NO: 1 TITLE: Retaining Wall PROJECT: Andover Public Works Building ATTN: Carl Johnson RE: DESCRIPTION OF CHANGE To: From: Number: \,l" V lItem Description Stock# Ouantity.. Units 1.000 Lot Unit Price. Tal Rate Tax Amount Net Amount I 00001 Provide nteining wall 00 northwest partioo of site as per plan. $10,425.00 0.00% $0.00 $10.425.00 Unit Cost: Unit Tax: Lump Sum: Lump Tax: Total: $10,425.00 $0.00 $0.00 $0.00 $10,425.00 The Original Contract Sum was ................................................................................................. Net Change by Previously Authorized Requests and Changes ................................................ The Contract Sum Prior to This Change Order was The Contract Sum Will be Increased ................................................................................... The New Contract Sum Including This Change Order The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is $102,632.00 $30,744.00 $133,376.00 $10,425.00 $143,801.00 ACCEPTED: Julian M. Johnson Construction City of Andover By: Adolfson & Peterson, Inc. By: By: Carl Johnson Scott Erickson Tom Stone Date: Date: Date: Expedition 11 City 'of Andover CHANGE ORDER No. 00001 1685 CrosstO\ln Blvd. Andover, MN 55304 Phone: 612-755-5100 Fax: 612-755-8923 TITLE: Misc. work in office space. DATE: 11/4/97 JOB: 4106 CONTRACT NO: 1 PROJECT: Andover Public Works Building TO: KMH Erectors, Inc PO Box 37 Maple Plain, MN 55359 ATTN: Mitch RE: To: From: Number: DESCRIPTION OF CHANGE litem Description Stock# Ouantity... ... Units 1.000 Lot Unit Price Tax Rate TaxAmount Net Amoullt I 00001 Misc. Work in office area. (Skylights and AHU angles) $650.00 0.00% $0.00 $650.00 I G (' Unit Cost: Unit Tax: Lump Sum: Lump Tax: Total: $650.00 $0.00 $0.00 $0.00 $650.00 The Original Contract Sum was ................................................................................................. Net Change by Previously Authorized Requests and Changes ................................................ The Contract Sum Prior to This Change Order was The Contract Sum Will be Increased ................................................................................... The New Contract Sum Including This Change Order The Contract Time Will Not Be Changed ................................................................................. The Date of Substantial Completion as of this Change Order Therefore is $23,165.00 $0.00 $23,165.00 $650.00 $23,815.00 ACCEPTED: KMH Erectors, Inc By: City of Andover By: Adolfson & Peterson, Inc. By: Mitch Scott Erickson Tom Stone Date: Date: Date: Expedition III CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1997 AGENDA SECTION ADD-ON Discussion ORIGINATING DEPARTMENT ITEM NO. Address Letter Requesting Amendment to Ordinance No. 110, Therapeutic Massage Planning David L. Carlberg ~ Community Development Director The City Council is asked by Joy M. Pirkl to amend Ordinance No. 110, An Ordinance Regulating Therapeutic Massage. Attached is a letter from Ms. Pirkl requesting the amendment. Also attached is a copy of Ordinance No. 110 for Council review and discussion. Total Look Hair Design 3679 Round Lake Blvd, Anoka, MN 55303 (612) 427-0550 City of Andover Council Members Staff Members Dear Council and Staff Members, This letter is an inquiry as to the possibility of having the ordinance 110 amended. At present in order to be in compliance all shoulder, hand/arm and foot/leg massage is illegal according to the ordinance. These simple massage techniques have been a part of the "scalp massage", "manicure" and "pedicure" since the services became available. As the ordinance stands these services would be severely restricted in Professional Salons. I know the city officials did not mean to restrict the areas of services available to residents of Andover and therefore may want to review the wording in the ordinance. The ordinance is also severely restricting in that it is almost impossible to hire any person schooled in the therapeutic massage that fits the requirements of the ordinance. Andover is a progressive city and the opening of a Day Spa without massage services is regrettable. However, the ordinance is so restrictive that efforts to hire qualified people in this expanding field has met with amazement and rejection by the applicants. They neither need to or want to try to meet the requirements of the ordinance. The job field is so lucrative any person with above reproach qualifications just goes to work in communities that recognize the schooling and professionalism of the field. Having been a long time resident of Andover during the "bath/house" days, I am fully aware of the reason for the ordinance as it is. The changing times and required, requested, and necessary service of therapeutic massage makes the review of the requirements in the ordinance advisable. I am sure that the officials of Andover are forward thinking people that have the interest of the whole city at heart. Knowing that all problems have a solution that needs only be worked out or found, I remain ~~''''Y you", /",j _ ) '~~~~J Joy M. Pirkl, President CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 110 " AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. The City Council of Andover does hereby ordain: SECTION 1, PURPOSE. The purpose of this Ordinance is to prohibit massage businesses and services to the public ~xcept those licensed as Therapeutic Massage Establishments and Therapeutic Massage Therapists pursuant to this Ordinance. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health, safety and the general welfare of th~ people of the city. The purpose of this Ordinance is not intended to impose restrictions or limitations on the freedom of protected speech or expression. SECTION 2. FINDINGS. It is hereby found that within the City of Andover there is a need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: (a) Persons who have a bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. (b) Health and sanitation regulations governing therapeutic massage establishments and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. (c) License qualifications for and restrictions on therapeutic.message establishments and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. (d) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. (e) Massage businesses which employ persons with no specialized and standardized training can tax city law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. SECTION 3. DEFINITIONS. The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly r-, indicates otherwise: ~ ~ Clean - The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Good Repair - Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good sound condition. Massage Therapist - A person who practices or performs therapeutic massage on a person for compensation and meets the licensing . requirements set forth in this Ordinance. Off-site Massaae Services - means massage services conducted away from a license massage establishment. Such off-site massage " service locations shall include ONLY business establishments and not property zoned for residential use. Person - Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.. Thera~eutic Massage - The practice of applying pressure on, or frict~on against, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of a mechanical or electrical apparatus appliance, or device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, C' . lotion, ointment, or other similar preparation, for the exclusive. purpose of tension, stress, and pain relief, relaxation, increased range of motion, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above-described professionals, or beautician and barber who confine their treatments to the scalp, face, and neck. Therapeutic"Massage Establishment - An establishment in the business of providing therapeutic massage services to the public. SECTION 4. LICENSING REQUIREMENTS. a. Thera~eutic Massage Establishment License. It shall be unlawful or any person to directly or indirectly, upon any pretense or by any device, engage in the business of keeping, conducting, or operating any massage establishment within the City of Andover, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received except a therapeutic massage establishment as defined in Section 3 and then only after first obtaining a duly issued license therefor from the City. A person who operates an establishment described in this Ordinance without a valid license issued by the City shall be guilty of a misdemeanor offense. ( ~. Page 2 b. Thera eutic Massa e Thera ist License. It shall be unlawful or any 1n 1V1 ua to pract1ce, a m1nister, or provide massage services to the public for consideration within the City of Andover without first having obtained a therapeutic massage therapist license. A person who practices, administers, or provides massage services as described in this Ordinance without a valid license issued by the City shall be guilty of a misdemeanor offense. SECTION 5. EXCEPTIONS TO LICENSE REQUIREMENT. A therapeutic massage establishment or therapist license is not required for the following persons and places: 1. A health care facility licensed by the State of Minnesota. 2. A health care facility owned in whole or in part by the state of Minnesota or any of its agencies. 3. A medical clinic or hospital, so long as the massage is performed by a state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above-described professi~nals. 4. A physical therapy clinic or athletic facility, so long as the massage is performed by a state licensed physical therapist, athletic director, coach, or trainer. 5. A beauty parlor or barbershop, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the scalp, face and neck. SECTION 6. LICENSE APPLICATION. An shall 1. Initial License A~plication. All initial applications shall be accompanled by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The names, addresses, and dates of birth of the owners, lesees, operators, massag~ therapists of the proposed therapeutic massage establishment; b. A legal description and location of the premises; c. Information as to the conviction of any crime or offense committed by anyone listed on the application; d. All applications by corporations shall include the names, addresses, and dates of birth of all persons having a beneficial interest therein; e. A description of services to be provided; f. Such other information as the City Council may require. page 3 Prior to consideration of the application by the City Council, an investigation shall be made by the Code Enforcement Officer and the Building Official to determine compliance with this Ordinance of all premises r-.' proposed to be licensed and by the Anoka County Sheriff's \ Department of all persons listed on the license application. " 2. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. .For a renewal, the applicant must . provide full information as required for the initial licenses for any new owners, lesees, operators or massage therapists proposed to be involved in the massage business, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lesee, operator or massage therapist_ The Code Enforcement Officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. 3. 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 $500,000. Failure to keep in full force and effect the insurance required herein is grounds for revocation. An ( be at 1. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: d. a: The name, age and address of the applicant; b. The length of experience in this occupation and the past places of employment and position held; c. A description of any crime or other offense, including the time, place, date and disposition, for which the applicant has been arrested and convicted; and A statement as to whether the individual has had any license denied, revoked or suspended in the City of Andover or the State of Minnesota, the reason. therefore and the business activity or occupation of the individual subsequent to such suspension, revocation or denial. A background check from the Bureau of Criminal Apprehension shall be requited prior to issuance of the of a license. I ~ Page 4 The license application shall thereafter be reviewed by the City Clerk, Anoka County Sheriff's Department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Clerk who will submit all of the reports and recommendations to the City Council. The Council shall either grant or deny the license. 2. Educational Requirements. Each applicant for a therapeutic massage therapist license shall furnish with the application proof of the following: a. Verification that the applicant has passed the National . Certification Examination in Therapeutic Massage and Bodywork within four years prior to the date of the application. 3. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. The Code Enforcement Officer, Building Official and/or Anoka ~ounty Sheriffs Department may conduct an investigation prior to any renewal. SECTION 7. ADVERSE ACTION~ GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION. 1. It shall be grounds for denial o~ the application or for revocation or suspension of the license if the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that apply to the public health, safety, and morals. 2. It shall be grounds for the denial, revocation or suspension of the license if convicted of any violation, reasonably related to the licensed activity and/or occurring on the licensed premise, of any city ordinance or federal or state statute. 3. It shall be grounds for the denial, revocation or suspension of the license if there is fraud or deception involved in the license application. 4. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be in control or . possession of any alcoholic beverages or narcotic drugs and controlled substances on the premises for which they are licensed to operate, possession which is illegal as defined in Minnesota Statutes or Andover City Ordinances. 5. It shall be grounds for the denial, revocation or suspension of the license if the licensee has evidenced in the past willful disregard for health codes and regulations. 6. It shall be grounds for the denial, revocation or suspension of the license if the applicant fails to provide all the information and certificates required by this Ordinance. Page 5 7. It shall be grounds for the denial, revocation or suspension of the license if the licensee shall refuse to permit any authorized police officers or authorized members of the City to inspect the premises or operation. ~ 8. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be violating provisions of this Ordinance. SECTION 8. SANITATION: APPOINTMENT CALENDAR: RULES AND REGULATIONS. 1. Sanitation. All licensed'massage therapists conducting off- site massage services as permitted by the Zoning Ordinance shall establish and maintain a supply storage facility containing any and all materials used in conducting off-site massage services. The Code Enforcement Officer, Building Official, and/or other City representatives shall have the right to enter and inspect the storage facility at all reasonable times. Rules as to required sanitation and storage shall be adopted in accordance with this Section. 2. Appointment Calendar. All licensed massage therapists shall keep a record of all off-site massage services performed. The record shall be legible, written in ink and in the English language. It shall include the name of the massage therapist, the name of the person(s) receiving massage services, the address where the massage service was performed and the date and time of such service. The record shall be maintained for a period of two (2) years from the date the massage service was performed. Such record shall be open for inspection by the City Administrator or t his/her authorized representative at all reasonable times. - 3. Rules, Regulations and Restrictions. All massage therapist licensees shall: 1. Display current licenses in a prominent place at the place of employment. 2. Not allQw the licensed premises to be open for business or allow patrons to be on the premises between the hours of 10:00 p.m. and 7:00 a.m. 3. Require that a person who is receiving a massage shall have their genital areas covered with an appropriate opaque covering. In addition to the above rules, regulations and restrictions, the City Council may upon notice and hearing promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this Ordinance to protect the public health, to provide for safe and sanitary operation of licensed therapeutic massage establishments, to provide for the safety of therapeutic massage and related massage equipment and for the proper training of persons employed in the operation of such massage establishments. Notice of the promulgation of such rules and the hearing date shall be given to all licensees, and notice of the hearing date { published once in the legal newspaper. The notice shall advise , that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when Page 6 filed in the office of the City Clerk. Violation of such rules shall be sufficient grounds for adverse action against licenses issued under this Ordinance. SECTION 9. MANAGER OR AGENT. Before a license is issued under this Ordinance the applicant shall designate in writing a natural person who is to be man.ager and in responsible charge of the business and upon whom serv~ces of process may be made. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the city and Anoka'County Sheriffs Department in writing of any change indicating the name, address and date of birth of the new manager and the effective date of such change. SECTION 10. SUBMISSION OF PLANS AND SPECIFICATIONS. All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as therapeutic massage establishments which are open to the public, shall comply with the requirements of the State Building Code and all amended codes. To the extent the Building Code or Fire Code do not impose more restrictive requirements, the provisions of this Ordinance shall govern. SECTION 11. CONSTRUCTION AND MAINTENANCE REQUIREMENTS. 1. Floors, walls, and equipment in massage rooms, restrooms, bathrooms, janitor'S closet, hallways, and reception area used in conjunction therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with locking devices and shall not be blocked or obstructed from either side. SECTION 12. VIOLATIONS AND PENALTIES. Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of any act constituting a violation of this Ordinance, whether individually or in connection with one or more persons or as principal or agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly, or willfully, induces causes, coerces, requires, permits, or directs another to violate any of the provisions of this Ordinance is likewise guilty of a misdemeanor. Each violation of this Ordinance shall constitute a separate offense. Conviction of a violation of this Ordinance shall be grounds for suspension or revocation of any license issued hereunder. Page 7 SECTION 13, SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity the remaining portions of this Ordinance. of ('. SECTION 14, VALIDITY AND EFFECTIVE DATE. This Ordinance shall be . effect1ve from and after 1ts passage and publication according to law. ," Adopted this 1st day of August the City of Andover. , 1995, by the City Council of CITY' OF ANDOVER ATTEST: /: E~MC:ttv1;~or ~~ V1ctnr1a Vo ,City Clerk t t Page 8 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 4. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Add-On Discussion Planning Jeff Johnson ITEM NO. Variance - Tom Schiebout - 1425 Andover Boulevard NW Construct Addition Encroaching into Setback from Major Arterial ReQuest The City Council is asked to review the variance request of Tom Schiebout (1425 Andover Boulevard NW) to construct an addition to the front entrance of the principal structure that encroaches 12.75 feet into the required forty (40) foot front yard setback from a major arterial and an extension to the attached garage that will encroach 12.5 feet into the required forty (40) foot front yard setback from a major arterial. The applicant also plans to construct a third stall garage that will encroach 10.5 feet into the required forty (40) foot front yard setback from a major arterial. The above encroachments are based on the future right-of-way plan (50 foot setback from the front property line) for Andover Boulevard NW. The County Thoroughfare Plan and the City Comprehensive Plan indicates that Andover Boulevard is a collector road which requires a minimum width of one hundred (100) feet. The Planning and Zoning Commission met on October 28, 1997 and recommends to the City Council approval of this variance. However, there was discussion whether or not the variance was necessary. Currently Andover Boulevard has a right-of-way width of sixty-six (66) feet. If the City was to use the existing right-of-way to measure the setback, the variance would not be necessary. Mr. William Hawkins (City Attorney) will be present to address the issue and form a legal opinion (in writing or verbally) whether or not the City can require the variance using future or proposed right-of- way easements. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE V ARlANCE REQUEST OF THOMAS SCHIEBOUT FOR THE CONSTRUCTION OF AN ADDITION TO THE FRONT ENTRANCE OF THE PRINCIPAL STRUCTURE THAT WILL ENCROACH 12.75 FEET INTO THE REQUIRED FORTY (40) FOOT FRONT YARD SETBACK FROM A MAJOR ARTERIAL, AN ATTACHED GARAGE THAT WILL ENCROACH 12.5 FEET INTO THE REQUIRED FORTY (40) FOOT FRONT YARD SETBACK FROM A MAJOR ARTERIAL, AND A THIRD STALL GARAGE THAT WILL ENCROACH 10.5 FEET INTO THE REQUIRED FORTY (40) FOOT FRONT YARD SETBACK FROM A MAJOR ARTERIAL ON THE PROPERTY LOCATED AT 1425 ANDOVER BOULEVARD NW, LEGALLY DESCRIBED AS: That part of the south 660.00 feet of the west 330.00 feet of the east 530.00 feet of the Southwest Quarter ofthe Northwest Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota, as measured along the south and east lines thereof, lying southerly of the following described line: Commencing at the southwest comer of said east 530.00 feet; thence on an assumed bearing of North along the west line of said east 530.00 feet, a distance of250.00 feet to a point of beginning of the line to be described; thence South 89 degrees 29 minutes 15 seconds East, a distance of 202.24 feet; thence North 81 degrees 36 minutes 14 seconds East, a distance of 129.14 feet to the East line of said west 330.00 feet of the east 530.00 feet, and said line there terminating, AND the west 50.00 feet of Lots 5 and 6, Block 4, HARTFIEL'S ESTATES, according to the recorded plat thereof, Anoka County, Minnesota. Reserving an easement for drainage purposes over that part thereof described as follows: Beginning at a point on the west line of the east 530.00 feet of the Southwest Quarter of the Northwest Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota, as measured along the south line thereof, distant 250.00 feet northerly of the southwest comer thereof, for the purposes of this description, said west line is assumed to have a bearing of North; thence South 89 degrees 29 minutes 15 seconds East, a distance of202.24 feet; thence South 16 degrees 04 minutes 54 seconds East, a distance of 107.46 feet; thence South 54 degrees 57 Page Two Resolution 1425 Andover Boulevard NW minutes 24 seconds West, a distance of 166.79 feet to the north line of the south 50.00 feet of said Southwest Quarter of the Northwest Quarter, as measured at right angles to the south line thereof; thence North 89 degrees 29 minutes 15 seconds West, along said north line, a distance of95.45 feet to the west line of said east 530.00 feet; thence North, along said west line, a distance of200.00 feet to the point of beginning. Subject to an easement for road and utility purposes over the south 50.00 feet, as measured at right angles, of the west 330.00 feet of the east 530.00 feet of the Southwest Quarter of the Northwest Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota, as measured along the south line thereof. Subject to other valid easements, if any. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance as requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby approves the variance request of Thomas Schiebout for the construction of an addition to the front entrance of the principal structure that will encroach 12.75 feet into the required forty (40) foot front yard setback from a major arterial, an attached garage that will encroach 12.5 feet into the required forty (40) foot front yard setback from a major arterial, and a third stall garage that will encroach 10.5 feet into the required forty (40) foot front yard setback from a major arterial on the property located at 1425 Andover Boulevard NW, legally described above. Adopted by the City Council of the City of Andover on this 4th day of November, 1997. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk J. E. McKelvey, Mayor CITY OF ANDOVER REQUEST F.OR PLANNING COMMISSION ACTION DATE October 28 1997 AGENDA ITEM 5. Variance (Continued): Construct A Encroaching into Setback from Major Arterial- 1425 Andover Bh ~ ~... ORIGINATING DEPARTMENT APPROVED FOR AGENDA dition Planning Jeff Johnson 'BY: BY: REOUEST The Planning and Zoning Commission is asked to review the variance request of Thomas Schiebout to allow for the construction of addition to the principal structure and attached garage on the property located at 1425 Andover Boulevard NW, legally described as described as stated in the resolution. The property is zoned R-4, Single-Family Urban. APPLICABLE ORDINANCES Ordinance No.8. Section 4.03 - Non-Conformine: Structures Ordinance No.8, Section 4.03 states that any structure lawfully existing upon the effective date of the Zoning Ordinance may be continued at the size and in manner of operation existing upon such date. No structural alterations shall be made. The home was constructed in 1968 which is prior to the adoption of the Zoning Ordinance. Ordinance No.8. Section 6.02 - Minimum District Reauirements (Setbacks) Ordinance No.8, Section 6.02 requires a forty (40) foot front yard setback from a major arterial. . Ordinance No.8. Section 5.04 - Variance Procedure and Process Ordinance No.8, Section 5.04 establishes the variance procedure and process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. Page Two Variance - Schiebout (1425 Andover Boulevard NW) October 14, 1997 REVIEW OF REOUEST The applicant is requesting a variance to construct the following: A. An addition to the front entrance of the principal structure (4' 8" x 11' 9") that will encroach 12.75 feet into the required forty (40) foot front yard setback from a major arterial and an extension to the attached garage (4 ft. x 23.5 ft.) that will encroach 12.5 feet into the required forty (40) foot front yard setback from a major arterial. B. A third stall garage (14 ft. x 24 ft.) that will encroach 10.5 feet into the required forty (40) foot front yard setback from a major arterial. Ordinance No.8, Section 4.15 - Setbacks Along Thoroughfares, states" where a right-of- width has not been established... a one hundred (100) foot minimum setback from cenerline of all existing thoroughfares shall be required. In this case, the typical right-of- width of 120 feet for Andover Boulevard has not been established. The encroachments are based on a 120 foot right-of-way width and a forty (40) foot front yard setback from property line. Please find attached letters from the Anoka County Engineering Department supporting this ordinance to insure adequate rights-of-ways are provided. The applicant has explained the specific hardship in the application. COMMISSION OPTIONS 1. Approval. The Commission may recommend approval of the variance request to to the City Council. The Commission finds the request meets the requirements for granting a variance. 2. Denial. The Commission may recommend denial of the variance request to the City Council. The Commission finds that no hardship exists. 3. Table. The Commission may table the item. In a R-2, R-3, R-4, District where adjoining principal buildings existing at the time of adoption of this Ordinance have a lesser setback from that required, the required front yard of a new structure shall not be less than the average front yard of the buildings on each side lot for four hundred (400') feet and in no case shall be less than twenty (20') feet. 4.13 Side and Rear Setbacks In all "B" Districts and all "I" Districts, the side and rear setback requirements may be excluded provided party walls are used. Such exclusion from side and rear setbacks shall be permitted only after issuance of a Special Use Permit. 4.14 Setbacks Adjacent to Residential Areas Where a Business District is adjacent to a Residential District, the minimum building setback from the lot line shall be thirty-five (35') feet. In the case of Industrial Districts, such minimum setback shall be seventy-five (75') feet. @ 4.15 Setbacks Along Thoroughfares Along streets designated as ''thoroughfare'' in the adopted Comprehensive Plan. the minimum setback from the lot line shall be thirty-five (35') feet. In the case ofIndustrial Districts, such minimum setback shall be seventy-five (75') feet. @.'Where the right-of-way width has not been established on the Thoroughfare Plan, a one hundred {IOO') foot minimum setback from the centerline of all existing thoroughfares shall be required except in cases where the existing one-half (112) right-of-way exceeds sixty (60') feet, in which case a setback of forty (40') feet shall be maintained from the right-of-way line. 4.16 Height The height of structures used for churches, schools, multiple and similar uses may extend to forty-five (45') feet in Residential Districts with non-occupancy structures of greater height requiring a Special Use Permit. The required setback from any residential lot shall be at least equal to the height, and the distance between any two (2) detached principal buildings shall be no less than one-half (1/2) the sum of the heights of the two (2) structures, except that any structure exceeding forty-five (45') feet in height shall require a Special Use Permit in all districts. 4.17 Shopping Centers 30 ~ .. ,....,)&1.. ~o~ 1-, To...... s. - Co. t1 ,,~~.... -'""(j 5. - Plan",..- d il"'tj - ?..nI;'e3 C 0 U N T Y 0 FAN 0 K ActA- e....~'~ Department of Highways Paul K. Ruud, Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 ~,..: lr:'~-~;; ~" ...,.. .:~:.._ . ~t.t; Mir~ d~~ll ~- , CITY OF ANDOVER March 6, 1990 City of Andover 1685 Crosstown Boulevard NW Andover, MN. 55304 Attention: Jim Schrantz City Administrator/City Engineer Subject: County Rights-of-Way Dear Mr. Schrantz: Several years ago, we delivered to you, a letter outlining the county's desires for rights-of-way for segments of the county highway system, that are located within your city. Several weeks ago, you asked for an update of that letter in light of current conditions and what we foresee commg in the way of roadway improvements. It is our reconunendation that as development occurs along segments of the county road system in the City of Andover, that a right-of-way width of at least 60 feet from the centerline of the roadway, be provided as a part of any plattin~ or lot splits. In the past, we had talked of 150 foot right-of-way and it is our belIef that nght-of-way acquisition has been achieved on Hanson Boulevard and that the other county roads within the city will be served adequately by 120 feet of right-of-way. The cooperation that the county has received over the years from the cities and townships within the county has been a real asset to the implementation of projects by the county and we trust that we will be able to continue that cooperative effort with your city in seeing that the adequate ri~hts-of-ways are provided at the time of development, so that the cost of acquisitIOn at some future date can be eliminated. Very truly yours, ~ /~ ~~.jJ Paul K. Ruud, PE County. Engineer dmh/CITYAND Affirmative Action I Equal Opportunity Employer ..~--_.--. ...... ....- AGL~';CA ;',L.: :;,. &.CO U NTY OF ANOKA . . D~parlmt'n' oj Highl\.a....\ Paul K. Ruud. Hi!:hwa... Engineer ANOKA, MINNESOTA 55303 612-421.4760 COURT HOUSE December 16, 198 1 ~ ~=~8D,~[g~1 James Schrantz Andover City Engineer Andover City Hall 1685 Crosstown Blvd. N. W. Anolta, ltinnesota 55303 Regarding: Planned Right-of-Way and Setback Requirements Dear Jim: Your interest in coordinating the Anoka County Highway Department's Thoroughfare Plan with your street systan plan is greatly appreciated. The right-of-way now being acquired for rrost county highways is 120 feet. The tv.o exceptions to this policy in Andover are the extenSion of Hanson Boulevard North of Bunker Lake Boulevard (CR #116) and the realignment of Bunker Lake Boulevard between CSAH #9 and CSAH #7. On these tv.o routes, we are planning for 4-lane facilities and reccmnend that a 150 foot wide corridor be planned for and protected. The general alignment of the relocation of Bunker lake Boulevard between CSAH #9 and CSAH #7 has been sketched out previously. Generally, it starts on the existing alignment at CSAH #9 then curves Northwesterly into the open space North of the develOped portion of the City of Anoka and continues Westerly to a connectio; with CSAH #7 North of the new Anoka Ice Arena and the proposed Rum River Crossing. The alignment of Hanson Boulevard extended is proposed to follow the power transnission lines fran Bunker Lake Boulevard (CR #116) to Constance Boulevard (CR #20). Fran that point, the route will follow a buildable route North and West to terminate on the North limits of Andover (CR #58) at approximately the center of Section 3. We expect the actual alginment to evolve as developnent plans are made. We trust that this infonnation will assist you in developing your ordinances regarding setbacks, and invite you to contact us should you need any further infonnation. ~~.Q County Engineer , PKR:dnh Affirmative Action / Equal Opportunity Employer CITY of ANDOVER u,A~ q1.1J' ,I tt1~ I Of VARIANCE REQUEST FORM Property Address /':'/2.l;- /f",ol. ~ "~r 8/vcJ.. I MJ,U. Legal Description of Property: (Fill in whichever is appropriate): Lot II MP!I'IIJIl.'J .tl-fn; ."i3J"7 Block Addition Plat Parcel PIN . (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Description of I _[1,.19 Je.t'..-I-.tc .\ , ?t"J 9c."..ajP ~.7'"1 Ir It ~ "'t::! Specific Hardship ~~queJls ~ . r: "~{,, 1" -t'-L foAn...J- OT -- ..:. dc:' I . ,~a( R-....{"",.,,.. -+,., f"~) j,o ,.. I- -ft. .. 5""..... ~ ~." t?wt.........rP I.>y If'.. _ yf4 ftp , '1-' 1O"r'~ "~j ~ ~nf>~.~:d. , n'-'fY.'<-i"M,' @..~..,< p~U.;f, <.-/~:: --: .(':~+ /...(I<I,J., '"'1 I 'f if:! f) .'f'lI-f ci II ""('1 Cl2,VfI. 1:1 <' Re~ -I- -1-0 ItAIA..'1 e ~Jr,o trfJ /L<.y / /l.,:J ~ u,1I . 'K. 1 /Ill 4:c.t.e.s _ f::J ~.. T, ;,J Current Zoning _ '- Section of --------------------------------------------------------------------- Name of Applicant -r;.,~ /.....L/,,~ .t)tl:.ehnr....+ Address 1'I::z.&;" .4",J 0 vel" B/llttf.., AlJ,(}. .~me Phone~~ _ Business Phone SIgnature _ ___~~I~~ 1i,tJ-J/C66 01,'2 (j.jJ.., . , Date 9/7-6/q 7 --------------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Iome Phone Business Phone -'1nature Date ~-------------------------------------------------------------------- VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: I. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent str~ets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family Other Requests Date Paid /0/'11'i1 ($loo.oD $125.00 Receipt # 645~C/ Rev.I-07-92:d'A 5-23-94:bh 1-07-97:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: 1. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property . 4. 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Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota, as measured along the south and east lines thereof, lying southerly of the following descnDed line: Commencing at the southwest comer of said east 530.00 feet; thence on an assumed bearing of North along the west line of said east 530.00 feet, a distance of 250.00 feet to the point of beginning of the line to be described; thence South 89 degrees 29 minutes 15 seconds East, a distance of 202.24 feet; thence North 81 degrees 36 minutes 14 seconds East, a distance of 129.14 feet to the east line of said west 330.00 feet of the east 530.00 feet, and said line there terminating. AND the west 50.00 feet of Lots 5 and 6, Block 4, HARTFIEL'S ESTATES, according to the recorded plat thereof. Anon County, Minnesota. ~ .~~ ...\~ . 0\10 3 ~y 1'}.: ~~~ ~J ,'0'0' S 89"29'lS-E" IIlI 95.45 ./ ;;;t ~--_L.-- o --=:--R/W~a~~ "........ \ o 0 .., ~/W \ ....-SO.OO 010 N -=- _ \ ~.., -R line per An. Co. 1/2 Sec. mop ~ .....1- 200.00 ~ ANn~VER-t-N ~~Q1s;'W->>LVD:"" ~ N.W. ~ - /,,/ ....-- I 530.00 0 ___-- I N 89"29'lS-W It) \ '-- S. Line of the SWl/4 of the NWl/4F of Sec. 26, T. 32, R. 24 :> ~ Subject to the right-of-way of Andover Boulevard N.W. along the south line thereof. Subject to other casements of record, if any. ....- S 89~'15.E 202.24 ..., I " ...~ . " _ .L \,1 I -~~... I :t) LLJ oF!: ....... ~-- Og .... , . nG -. . ~~ 0 csa.-: c_. N 8\0J61 -.... "f~a'''.!t ~-- 129.1~ ,~,_ ' " .......... ,," / .....'" _., \,1 I \ -rn- \ / I r- I" ~"\ "', I ..." . I o o :J: 0 c:5 FO~ a::; " 00 zl,!:l (2.15 Acres) DRAINAGE EASEMENT ~-- ,- ,...' 1" ".L_ ..., , oC'::', -,.- _.L_ 15~ ~ 100 ~I ~:g. ~ Ii ~I E-c z I f:Q ~ I ~I : I~ il I~,~I II. ~l ---1 33 33 I 89 '1S.W I HEREBY CERTIfY tHAT 1HlS S\lRI.C'. PLAM. OR REPORT WAS PREPAAED BY liE OR Ull~ER llY DIRECT SUPERVlSlOll AND 11lA T I #JI. A DULY REGlSn:RED LNID S\JRI/EYOR IJIlllER 11lE LAWS or lHE STAn: OF WlNNtSOTA. %~'6 e:::;n. 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