HomeMy WebLinkAboutCC December 21, 1999
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
Regular City Council Meeting - Tuesday, December 21,1999
agenda
Call to Order - 7:00 PM
Resident Forum
Agenda Approval
. Consent Agenda
Approval of Minutes
Bookmark
Name
minutes
Discussion Items
I. Anoka County Sheriff Monthly Report sheriff
2. Approve Compo Plan AmendmentlSunridge/D.H. Land Company, Con't cpsunridge
3. Approve Rezoning/Sunridge/D.H. Land Company, Con't rzsunridge
4. Approve Special Use PennitIPlanned Unit DevelopmentlSunridge/D.H. Land Company, Contpudsunridge
5. Approve Preliminary PlatlSunridge/D.H. Land Company, Con't ppsunridge
6. Approve Special Use PennitlArea I.D. Signs/Sunridge/D.H. Land Company, Con't supsunridge
7. Accept Petition/Order Feasibility Report/99-36/Sunridge, Con't pet9936
8. Adopt Ord. No. 118, Interim Ordinance Establishing A Moratorium on Cellular Towers towers
9. Approve Comprehensive Plan for Submittal to Metropolitan Council compplan
10. Reconsider Acceptance ofPaymentlApproval of Temp. Work Space Request, etc./Northem northern
'I 11. Discuss Purchase of Property /Public Works pworks
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Staff, Committees, Commissions
12. Discuss Right-of-Way Management Ordinance No. 247 .
13. Approve Resolution Setting Park Dedication Fees for the Year 2000
14. Approve Resolution Setting Trail Fees for the Year 2000
15. Schedule Administrator Review
16. Set City Council Workshop Date
ord247
park
trail fee
review
date
Non-Discussion/Consent Items
17. Adopt Fee Schedules for 2000
18. Approve Non-Intoxicating On-Sale Liquor License/Tasty Pizza
19. Finalize 2000 Wage Adjustment
20. Adopt 2000 General Fund Budget and 2000 Tax Levy
.21. Approve 2000 Enterprise and Central Equipment Fund Budgets
22. Approve 2000 PIR Fund Budget
23. Approve 2000 Risk Management Fund Budget
24. Approve 2000 Special Revenue Budgets
25. Repeal Ordinance No. 14 Regulating Dogs and Cats
26. Approve Feasibility Report/Waive Public Hearing/99-37/1680 Andover Blvd. NW
27. Accept Petition/Order Feasibility Report/99-39/1970 - 148th Ave NW/WM
28. Street SettlementlWittington Ridge
29. Update/Intersection of Bunker Lake Blvd.lCrooked Lake Blvd.
30. Approve Probationary PeriodlEngineering Tech 4/Jake Knutson
.,--./ 31. Approve PurchaselEngineering Design Software
Mayor/Council Input
Payment of Claims
Adjournment
fees
liquor
wage
budget
enterprise
pir
risk
special
ord14
appr9937
pet9939
wittingt
intersec
knutson
software
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
City ClerkU,w
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APPROVAL OF MINUTES
ITEM NO.
Approval of Minutes
The City Council is requested to approve the following minutes:
November 30, 1999
Special Meeting
December 2, 1999
Special Meeting
December 7, 1999
Regular Meeting
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CITY Of ANDOVER
REQUEST fOR COUNCIL ACTION
DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Administration
Richard fursman
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Discussion
ITEM NO.
Anoka County Sheriff Month\v Reoort
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BACKGROUND:
A <CI'",,,ntative from Anoka Coon\)' Sherif!" Dcp_eot win be p""om to provide the Cooncil ",d
the citizens of Andover an update on happenings around the City.
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: December 21. 1999
AGENDA SECTION
Discussion
AGENDA ITEMS No. 2-5
Compo Plan Amendment/Contract Rezoning!
Special Use Permit for PUD/Preliminary Plat Continued
I'} Sunridge Development
O,D.H. Land Company
ORIGINATING DEPARTMENT
Andover Review Committee
The City Council on December 7, 1999 conceptually approved and then tabled the
following items related to the sunridge Development being proposed by D.H. Land
Company.
1. Comprehensive Plan Amendment to change the land use designation from RU,
Residential Urban Single Family to RM, Residential Medium Density.
2. Rezoning of property from R-4, Single Family Urban to M-2, Multiple Dwelling.
3. Special Use Permit for a Planned Unit Development to develop a mixed use
residential development consisting of 34 two unit townhomes and one single family
residential lot.
4. Preliminary Plat of Sunridge.
The Council directed Staff to tighten up the resolutions and ordinance amendment for the
above items to signify the uniqueness ofthis development based on the location ofthe
project. Each resolution shall be addressed separately. Changes in the attached
resolutions are indicated in bold.
Comllrehensive Plan Amendment Resolution
The resolution now has specific reasons that have been identified as to why the proposed
site is compatible for multifamily development. A condition of the approval has also
been added that makes the approval of the comprehensive plan amendment contingent
upon the approval of the contract rezoning, etc.
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Page Two
Sunridge
City Council Meeting
December 21, 1999
Rezoninl! (Contract)/Ordinance Amendment
Since the City Council meeting on December 7,1999, Staff has discussed in great length
the process of rezoning and what guarantees the City would have that the project would
develop as proposed based on the inability of the City to place conditions on a rezoning
(ordinance amendment). However, if the City did a contract rezoning on the property, the
City can place conditions on the rezoning to guarantee the project develops as proposed.
A copy of the plat would be attached as an exhibit to the contract as well as a set of the
building plans for the townhome unit to guarantee the buildings would be built as
proposed. A contract rezoning document prepared by Bill Hawkins, City Attorney is
attached for Council review and approval. Also attached is an amendment to Ordinance
No.8 for Council adoption.
Special Use Permit for Planned Unit Development Resolution
As was done on the resolution for the comprehensive plan amendment, language has been
added that identifies specific reasons why the proposed site is compatible for multifamily
development. A condition has also been added that makes the approval of the special use
permit for the planned unit development contingent upon the approval of the
comprehensive plan amendment, contract rezoning, etc.
Preliminary Plat Resolution
A condition has been added that makes the approval of the preliminary plat contingent
upon the approval of the comprehensive plan amendment, contract rezoning, etc.
Other Issues of Council Concern from the December 7 1999 meetin!!.
Variance to Ordinance No. 205. Similar Structures
A condition has been added to the resolution for the Special Use PermitIPlanned Unit
development granting a variance as a part of the PUD.
Yard Restrictions per Ordinance No. 112.
The development meets the front and side yard restrictions at the periphery ofthe PUD
site.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -99
A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE
CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION
FROM RU, RESIDENTIAL URBAN SINGLE F AMIL Y TO RM, RESIDENTIAL
MEDIUM DENSITY FOR DH LAND COMP ANY AT 13440 JAY STREET NW LOT
5, WATTS GARDEN ACRES (PIN 34-32-24-43-0001)
WHEREAS, DH Land Company has petitioned to change the land use district
designation from RU, Residential Urban Single Family to RM, Residential Medium
Density on approximately 9.7 acres legally described as follows located at 13440 Jay
Street NW, legally described as Lot 5, WATTS GARDEN ACRES.
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, and general welfare of the City of Andover;
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the amendment as requested.
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WHEREAS, the City Council has identified the proposed site as being compatible
for multifamily development for the following reasons:
1. The 9.70 acre parcel to be developed as "Sunridge" is adjacent to a major
commercial road and a ninety (90) acre commercial park known as Andover
Station.
2. The development of the property into two unit townhomes as proposed would
provide a buffer between incompatible land uses (lower density residential and
higher density commercial districts).
3. There are very few areas adjacent to commercial districts in the city that lend
themselves well to multifamily development based on the buffering of incompatible
land use(s) (lower density residential and higher density commercial districts)
concept or theory.
4. The project provides for proper screening through landscaping and berming,
and setbacks to minimize the negative effects created when abutting a major
thoroughfare or commercial district; and
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves said amendment to the Comprehensive Land Use Plan with the following
conditions:
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Page Two
Resolution - Compo Pan Amendment
Sunridge Development
City Council Meeting
December 21, 1999
1. Approval by Metropolitan Council.
2. The Comprehensive Plan Amendment shall be contingent upon the approval
of the Contract Rezoning, Special Use Permit for a Planned Unit
Development and the Preliminary Plat of Sunridge. If anyone of these
applications or requests fails to be approved, in whole or in part, the
Comprehensive Plan Amendment shall be considered null and void.
Adopted by the City Council of the City of Andover on this 21 st day of December 1999.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
12/17/99
11:09
LRW OFFICES 2140 4TH RVE ~ 612 755 8923
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ZONING CONTAACT
This Agreement is made this
day of
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by and between the City of Andover, 1685 Crosstown Boulevard NW . Andover,
Minnesota 55304, a municipal corporation organized under the laws of the State
of Minnesota, hereinafter referred to as the "City," and DH land Company, , Inc.,
13760 Goldenrod Street NW, Andover, Minnesota 55304, a Minnesota
corporation, hereinafter referred to as the "Developer."
WHEREAS, Developer is the owner of certain Property in the City of
Andover legally described on Exhibit A attached hereto and made a part hereof;
and
WHEREAS, the Developer has requested that the City change the zoning
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classification for the Property from an R-4. Singe Family Urban district to M-2, a
Multiple Dwelling district; and
WHEREAS, it is believed by the City that the rezoning of said Property to a
M-2 Multiple Dwelling district so as to permit a mixed use residential development
consisting of 34 townhouses and one single family residence would be in the
public interest and welfare of the citizens of the City, including among other things
providing a buffer between incompatible land uses; and
WHEAEAS, the Developer has agreed to develop the property as a
townhouse development in consideration of the City's changing the property to M-
2 Multiple Dwelling and the Developer further agrees as a part of said
consideration to layout, develop and maintain the townhouse development as
hereinafter set forth;
NOW. therefore. in consideration of the mutual promises of the parties made
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DEC 17 '99 11:14
421 4213
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LAW OFFICES 2140 4TH AVE ~ 612 755 8'323
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) herein BY AND BETWEEN THE PARTIES HERETO:
1. The City shall complete the procedures necessary under City
Ordinances and State Law to rezone the ProperlY from R-4 Single Family
Residential to a M-2 Multiple Zoning classification under the City's Zoning
Ordinance No.8.
2. Developer agrees to layout, develop and maintain the Property as a
mixed use residential development consisting of 34 townhouse and one single
family residence. Such townhouse development shall be constructed in strict
compliance with the plans and specifIcations submitted by the Developer to the
City and attached hereto as Exhibit B. No changes or deviations from such plan
shall be permitted unless authorized in writing by the City.
3. The Developer shall comply with all applicable rules, regulations.
ordinances and laws of the City of Andover. Anoka County. Coon Creek
Watershed, State of Minnesota and any other governmental agency having
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jurisdiction over the project.
4. In the event that Developer violates any of the covenants and
agreements contained in this zoning contract or any other additional agreements
with the City or governmental agencies, the City may commence an action to
change the Property from the M-2 Multiple Dwelling back to R-4 Single Family
Urban Residential and the Developer will not object or oppose such ordinance in
any form. Furthermore. the City may. at its option, refuse to issue building
permits to any property within the development and stop building construction
within the development until such time as such default has been corrected to the
satisfaction of the City. Such actions shall be in addition to any remedies the City
may seek to enforce performance of this agreement including but not limited to the
right to seek injunctive relief.
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DEe 17 '99 11:15
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12/17/99
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08:34 LRW OFFICES 2140 4TH RVE ~ 512 755 8~~~
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5. The provisions of this Agreement shall be binding upon and
enforceable against Developer, their successors and assigns and all other
subsequent owners of the Property, their respective heirs, successors and assigns
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of the Property described in Exhibit A.
6. An executed COpy of this Agreement shall be recorded with the
Anoka CountY Recorder.
In witness whereof, the parties to this agreement have caused these
presents to be executed the day and year aforementioned.
Dated:
CITY OF ANDOVER
By
Its Mayor
Dated:
By
Its City Clerk
DH LAND COMPANY. INC.
Dated: By
Its
Dated: By
Its
STATE OF MINNE50T A I
155.
COUNlY OF ANOKA I
On this day of " before me, a Notary Public within
and for said c'"(iij'j)ty. personally appeared J.TMcKelvey and Victoria Volle, to me
known to be respectively the Mayor and Clerk of the City of Andover, and who
executed the foregoing instrument and acknowledged that they executed the same on
behalf of said City.
Notary Public
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DEe 17 '99 08:40
12/17/gg
08:34
LAW OFFICES 2140 4TH AVE ~ 612 755 8g23
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STATE OF MINNESOTA I
I SS.
COUNTY OF ANOKA I
On this day of ' before me, a Notary Public within
and for sa~ County, personally appeared and
, to me known to be the and
of DH Land Company, Inc., a Minnesota corporation. and who
executed the foregoing instrument and acknowledged that they executed the same on
behalf of said corporation.
Notary Public
This instrument was drafted by:
William G. Hawkins and Associates
2140 Fourth Avenue North
Anoka. Minnesota 55303
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EXHIBIT A
Lot 5, Watt's Garden Acres, according to the map or plat thereof on file and of record in
the office of the Registrar of Titles in and for Anoka County, Minnesota.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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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 ofthe City of Andover is hereby
amended as follows (PIN 34-32-24-43-0001):
1) Rezone from R-4, Single Family Urban to M-2, Multiple Dwelling on
approximately 9.7 acres legally described as Lot 5, WATTS GARDEN ACRES.
NOTE: All other sections of the Zoning Ordinance Shall remain as written and adopted
by the City Council of the City of Andover.
Adopted by the City Council of the City of Andover on this 7th day of December
1999.
CITY OF ANDOVER
ATTEST:
lE. McKelvey, Mayor
Victoria V olk, City Clerk
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CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. R -99
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF D.H.
LAND COMPANY FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A
MIXED USE RESIDENTIAL DEVELOPMENT CONSISTING OF THIRTY-FOUR
(34) TOWNHOMES AND ONE SINGLE F AMIL Y RESIDENTIAL LOT TO BE
KNOWN AS THE SUBDIVISION OF "SUNRIDGE" ON THE PROPERTY LEGALLY
DESCRIBED BELOW.
WHEREAS, D.H. Land Company has requested a Special Use Permit for a Planned Unit
Development to develop a mixed use residential development consisting of thirty-four
townhomes and one single family residential lot to be known as the subdivision of
"Sunridge" pursuant to Ordinance No.8, Section 4.18, Planned Unit Developments and
Ordinance No. 112, An Ordinance regulating Planned Unit Developments on the property
legally described as follows:
Lot 5, Watt's Garden Acres, according to the map or plat thereof on file and of record in
the office of the Registrar of Titles in and for Anoka County, Minnesota; and
WHEREAS, the City Council has reviewed the request and has determined that said
request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Council
finds the proposed use will not be detrimental to the health, safety, morals and general
welfare of the occupants ofthe surrounding lands; and
WHEREAS, the City Council finds the request would not have a detrimental effect on
the property values and scenic views of the surrounding area; and
WHEREAS, the City Council finds the request meets the criteria of Ordinance No.8,
Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance
regulating Planned Unit Developments; and
WHEREAS, the City Council has identified the proposed site as being compatible
for multifamily development for the following reasons:
1. The 9.70 acre parcel to be developed as "Sunridge" is adjacent to a major
commercial road and a ninety (90) acre commercial park known as Andover
Station.
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Page Two
Resolution
Special Use Permit - Planned Unit Development
Sunridge - D.H. Land Company
2. The development of the property into two unit townhomes as proposed would
provide a buffer between incompatible land uses (lower density residential and
higher density commercial districts).
3. There are very few areas adjacent to commercial districts in the city that lend
themselves well to multifamily development based on the buffering of incompatible
land use(s) (lower density residential and higher density commercial districts)
concept or theory.
4. The project provides for proper screening through landscaping and berming,
and setbacks to minimize the negative effects created when abutting a major
thoroughfare or commercial district; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission and
there was minimal opposition to the request; and
WHEREAS, the Planning and Zoning Commission recommended to the City Council
the approval of the Special Use Permit 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 will
allow D.H. Land Company to develop a Planned Unit Development on said property with
the following conditions:
1. All variances associated with the approval of the Special Use Permit for the Planned
Unit Development shall be approved with the approval of the preliminary plat. The
development standards listed in the letter from Stephen M. Johnson, Landform
Engineering dated November 3, 1999 shall be the approved standards for the
development.
2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance
No.8, Section 5.03(D).
3. The Special Use Permit shall be subject to annual review by Staff.
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Page Three
Resolution - SUP/PUD Sunridge
City Council Meeting
December 21, 1999
4. The Special Use Permit for the Planned Unit Development shall be contingent
upon the approval of the comprehensive plan amendment, contract rezoning and
the preliminary plat of Sunridge. If anyone of these applications or requests fails
to be approved, in whole or in part, the special use permit shall be considered
null and void.
5. A property owners association shall be created with the following documents provided
to the City for review and approval by the City Council prior to being recorded with
the final plat in accordance with Ordinance No. 112:
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a. Articles of Incorporation
b. By-laws of the association
c. Declaration of covenants, conditions and restrictions regulating the properties,
maintenance of the common areas.
6. A variance is granted to Ordinance No. 205 to allow the structures to be similar
in exterior architectual design and appearance.
Adopted by the City Council of the City of Andover on this 21st day of December.
1999.
ATTEST
CITY OF ANDOVER
Victoria V olk, City Clerk
J.E. McKelvey, Mayor
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
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RES. NO R
-99
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED
UNIT DEVELOPMENT OF "SUNRIDGE" BY DR LAND COMPANY LOCATED
IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat;
and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and
Zoning Commission has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning and Zoning
Commission recommends to the City Council the approval of the plat.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the preliminary plat with the following conditions:
1. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps
of Engineers, LGU, MPCA and any other agency that may be interested in the site.
2. Contingent upon the approval of the Comprehensive Plan Amendment, Contract Rezoning
and the Special Use Permit for the Planned Unit Development. If any one of these
applications or requests fails to be approved, in whole or in part, the preliminary plat shall
be considered null and void.
3. Park dedication per Ordinance No. 10, Section 9.07.
4. Contingent upon staff review and approval for compliance with City ordinances, policies and
guidelines.
5. The variances or development standards as listed on the preliminary plat and in the letter from
Steve Johnston, Landform Engineering dated November 3, 1999 shall become the only listing of
variances approved on the plat.
6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney.
7. A 20' trail easement with a 10' wide bituminous trail shall be provided on the east side of Lot 1,
Block 1.
Adopted by the City Council of the City of Andover this 21 st
December , 19....22-.
day of
CITY OF ANDOVER
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ATTEST:
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Victoria V olk, City Clerk
J.E. McKelvey, Mayor
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: December 21. 1999
AGENDA SECTION
Discussion
AGENDA ITEMS No.3
Compo Plan Amendment/Contract Rezoning/
Special Use Permit for PUD/Preliminary Plat Continued
~ Sunridge Development
v. D.H. Land Company
ORIGINATING DEPARTMENT
Andover Review Committee
See Item No.2.
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: December 21. 1999
AGENDA SECTION
Discussion
AGENDA ITEMS No.4
Compo Plan Amendment/Contract Rezoning!
Special Use Permit for PUD/Preliminary Plat Continued
i \ Sunridge Development
\. D.H. Land Company
ORIGINATING DEPARTMENT
Andover Review Committee
See Item No.2.
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CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: December 21, 1999
AGENDA SECTION
Discussion
AGENDA ITEMS No.5
Compo Plan Amendment/Contract Rezoning!
IJ' Special Use Permit for PUD/Preliminary Plat Continued
b, Sunridge Development
D.H. Land Company
ORIGINATING DEPARTMENT
Andover Review Committee
See Item No.2.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December 2 L 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Planning
Jeff Johnson
ITEM NO.
Approve Special Use Permit (99-30)
Area Identification Sign - Sunridge
DH Land Company
l~4.40 Jay Street NW
Reauest
The City Council is asked to review and approve the Special Use Permit request ofDH Land Companies
to erect two (2) area identification signs for the Sunridge Development located at 13440 Jay Street NW,
legally described as Lot 5, Watt's Garden Acres. Identical signs will be located on both sides of Jay
Street NW which is the main entrance to the subdivision. Each sign has a dimension of2' x 2.5 (5
square feet) and will be mounted onto a brick column. Please see attached drawing for details.
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Piano in!! and Zooin!! Commission Recommendation
The Planning and Zoning Commission met at their November 23, 1999 meeting and recommended
approval of this request, unanimously.
A resolution is attached for your review.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -99
A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF DH LAND
COMPANY TO ERECT TWO (2) AREA IDENTIFICATION SIGNS ON THE PROPERTY
LOCATED AT 13440 JAY STREETNW, LEGALLY DESCRIBED AS LOT 5, WATT'S
GARDEN ACRES.
WHEREAS, DH Land Company has requested a Special Use Permit to erect two (2)
area identification signs on the property located at 13440 Jay Street NW, legally
described as Lot 5, Watt's Garden Acres.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No.8, Section 8.07; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals, and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held pursuant to state statute; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the Special Use Permit 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
approves the Special Use Permit on said property with the following conditions:
I) The sign area for development is larger than five (5 a.) acres.
2) One (1) sign per development is allowed by Special Use Permit. Additional signs
shall be reviewed by the Andover Review Committee (ARC) and the Planning
Commission and approved by the City Council.
3) The maximum square footage of the sign is thirty-two (32 s.f.) square feet.
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J Area Identification Signs
SUP 99-30
November 23,1999
4) The sign is located ten (10') feet from the property line.
5) The Special Use Permit will be subject to annual review by staff.
6) The applicant shall execute a written agreement with the city for the maintenance of
the sign.
7) The applicant shall apply for and be granted a sign permit before the erection of the
slgn.
Adopted by the City Council of the City of Andover on this day of December, 1999.
ATTEST: CITY OF ANDOVER
Victoria Volk, City Clerk J.E. McKelvey, Mayor
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) CITY OF ANDOVER
REQUEST FOR PLANNING AND ZONING COMMISSION ACTION
DATE: November 23, 1999
ITEM NO. 10
ORIGINATING DEPARTMENT
SUP 99-30
Area Identification Sign
Sunridge
DH Land Company
13440 Jay Street NW
Planning
Megan Barnett
Planning Intern
Request
The Planning and Zoning Commission is asked to review a Special Use Permit request by DH
Land Company to allow for the placement of two (2) area identification signs for the Sunridge
Development located at 13440 Jay Street NW, legally described as Lot 5, Watt's Garden
Acres.
Applicable Ordinances
Ordinance No.8, Section 8.07, allows area identification signs on residential projects
provided:
1) The sign area for development is larger than five (5 a.) acres.
2) One (1) sign per development is allowed by Special Use Permit. Additional signs
shall be reviewed by the Andover Review Committee (ARC) and the Planning
Commission and approved by the City Council.
3) The maximum square footage of the sign is thirty-two (32 s.f.) square feet.
4) The sign is located ten (10') feet from the property line.
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Page Two
SUP 99-30
Area Identification Signs
November 23, 1999
Onlinan" No.8, S<ctioo 5.03 regulate, fuo SpooiID U" P,rmi' po""" ~\~~~ 1} ~S ~LJ l.1
f~l<l..wo - teu~. ~Ll ~\ l\, \C t (> L (_
1) The effect of the proposed use upon the health, safety, morals and general welfare of
the occupants of the surrounding land.
2) The effect on existing and anticipated traffic conditions including parking facilities on
adjacent streets and land.
3) The effect on the values of property and scenic views in the surrounding area.
4) The effect of the proposed use on the Comprehensive Plan.
General Review
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. The applicant is requesting to erect two (2) permanent monument area identification signs
for the Sunridge Subdivision.
. The area identification signs will be located on both sides cf Jay Street, the main entrance
into the subdivision.
. DR Land Company has not decided on an exact identification sign style at this time,
however they are looking at a si?11 ~li~ension of2' x 2.5' (5 square feet) mounted onto
brick columns (see attachment). -r I t)J lIl~tU Iff (,
. The applicant will also go throug'fi'th6"slgn pe1u;it proct(ss. --/
Commission Outions
1. The Planning and Zoning Commission may recommend to the City Council
approval of the Special Use Permit request to erect two (2) area identification signs on
the property located at 13440 Jay Street NW, legally described as Lot 5, Watt's
Garden Acres.
The Commission finds the request meets the requirements of Ordinance No.8.
2. The Planning and Zoning Commission may recommend to the City Council
denial of the Special Use Permit request to erect two (2) area identification signs on
the property located at 13440 Jay Street NW, legally described as Lot 5, Watt's
Garden Acres.
/
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Page three
SUP 99-30
Area Identification Signs
November 23,1999
The Commission finds the request does not meet the requirements of Ordinance No.8.
In recommending denial of the request, the Commission shall state those reasons for
doing so.
3. The Planning and Zoning Commission may table the item pending further information
from Staff.
Recommendation
Staff recommends approval of the proposal subject to the provisions of the attached
resolution.
Attachments
. Resolution
. Sign Location
. Sign Design
. Notice of Public Hearing
. /
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CITY of ANDOVER
,
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100
SPECIAL USE PERMIT
Property Address )6ldlu-ut"stl'u/"AJer t!JF [?o,n/?1p;'(/AI ~cI. A,1/-..!)-:.:J;irgffer
Legal Description of Property:
(Fill in whichever is appropriate):
\\ J /_
Lot Fi Ie (.t;) Block Addi tion Wa II-s (Jorden A('r~a('c()/db'T
10 fJ;e. MajJ C)r P (ell 'f'JJ(?/"e of' o/), ;;Ie and cJ"f; r-eco/"d /;;> 7'4e tite of-l/
-fhe. /?-€9/S--frar o,c TI-;-I-es t/J at1c(l'cJE I1A/O,k'4:. (.OU/1-1-r I MI/1/Jeso7'~",
PIN ..3'-1322<1 '13 ODO/ (If metes and bounds, attach
the complete legal
description.)
Abstract or Torrens ~ (This
be provided and can be obtain:~~ the
Is the property:
information must
County. )
-----------------------------------------------------------------
Reason for Request t'5X!.DIA/af1r'p,
rt'?~
<) I ~ ~//J;d4C( Me rz:t-
Section of Ordinance
Current zoning R-f/,I H - 2..
-----------------------------------------------------------------
Name of Applicant PH La/1d ~ff1.,/n4r/ (/1/(
Address /?7c'() bt"J/dtJ/1 /'od Sr/'t"'pf- Alw 4//'",60 c/er /'11# S-S-3'OC;"
Home Phone (P!Z- 328 8<569 Business Phone 6/2 32'8 80Gq
Signature
Date
-----------------------------------------------------------------
"
Property Owner (Fee Owner) v/l !a/JcI ('o~da/JtfI#c
(If different from above)
Address /S7hD Go/df//7/'od, ~ef- 11///1/ /!t1/0dP'Pr- ## SS-30C;
Home Phone ~/Z.3; . Business Phone &/23ZB8<:x:OCJ
Date /~~1'
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Slgnature
, /
SPECIAL USE PERl"IIT
J PAGE 2
The following information shall be submitted prior to review by the City of Andover:
1. A scaled drawing of the property and structures affected showing: scale and
North arrow; dimension of the property and structures; front, side and rear yard
building setbacks; adjacent streets; and location and use of existing structures
within 100 feet.
2. The names and addresses of all property owners within 350 feet of the subject
property.
Application Fees:
Commercial
Residential
Amended SUP
Recording Fee
Abstract property
Torrens property
Mailing labels
$200.00
$150.01\ )}
$100.00 \ I {, 0
$25.00/
$40.oif
$25.00
Date Paid
Receipt #
Rev. 5-06-93:d' A
5-04-94:bh
2-01-95:bh
3-22-95:bh
9-30-96:bh
1-07-97:bh
6-03-98:bh
Res. 179-91 (11-05-91)
CRITERIA FOR GRANTING SPECIAL USE PERMITS
In granting a Special Use Permit, the City Council shall consider the advice and
recommendation of the Planning and Zoning Commission and:
1. The effect of the proposed use upon the health, safety, morals and general
welfare of occupants of surrounding lands.
2. Existing and anticipated traffic conditions including parking facilities on
adjacent streets and lands.
"
3. The effect on values of property and scenic views in the surrounding area.
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4. The effect of the proposed use on the Comprehensive Plan.
:supapp
. ":~<:-)~:~':}~~+:'~~I~~
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 553.04 ~. (612) _755:-5100_
CITY OF ANDOVER . . .' . .--
si~~ ~~~A ::. :':'. . .....;i<;~:'<::.t.;~;A:;~f~f~~.~J:~;~
:,.;_.;';;"';.;~:.,:...:;',~;;"..; ~.. ~ .. "._.... _'.~ .'........'> :{'_~?--~!.?-"~_~":.~: :-....~-::..:..:.I-.>:. .-':':~~~#~;l';:~:':;~"~..'"..'.;~/~~~:~.j~~ ,_; .r-,." T~..
'::~~/i::i:'/:\~~ -~>'->...::.,,::. . -.. "'-NOTICE1JF'PtJBLI6-HiAIUNH;..,,:,-.:,:-.,::f":-".7:~)~f:t~.~~ ~;~~.;~:;i<,:~~~~
. .' . . . .' ." . .--.. .... _ -: _, ". " - ". -. . Jo...~.....;... --~. - -..; . ."
~e PI~g and ~11ing Co~~slo~.?f~e..~i~t~r~do.Y~; v6}l ~o.l4.P}l1?p~~~~{~1;:~;ill:t/~Q;.:
. ;';."i"~"'.' . --at 7:00 p:in.; or as soon thereafter as can'be heard; on TueSday;:'Novembef 23,: l"99'9Jftb;' . . ~~;';~"!.;'~i;~(
.:~ :;': :-Aridover City Hall, 16.85 Crosstown BoUlevard NW~.AiI40ver1~esotat.o..~9jts;a>~_~~1~'~t;~.t.~~Y;~12~:';;
;,<...,.... ...:O;;;;;;~:~Z;:[Z;~J~J~.r'~l~\\.fti.
2. Rezoning property from R-4, Single Family Urb~ to M-2, Multiple Dwellihg~ . ,.,..:..::\~ >-. ,~ ' .~ - '
,.
". ~ .
3. Special Use Permit for a Planned Unit Development consisting of34 townhomes and
one single family residential lot.
4. Preliminary Plat of "Sunridge".
5. Special Use Permit for two area identification signs for "Suruidge".
The property is generally located south of Commercial Boulevard NW and west of Jay
Street NW, and is legally described as follows:
Lot 5, Watt's Garden Acres, according to the map or plat thereof on file and of record in
the office of the Registrar of Titles in and for Arioka County, Minnesota. Subject to the
reservations of the State of Minnesota, in trust for the taxing districts concerned, of all
materials and mineral rights therein, as provided by law.
All written and verbal comments will be received at that time and location. A copy of the
application and location will be available at the Aridover City Hall for review prior to
. meeting.
irector
Publication dates: November 12, 1999 & November 19, 1999
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 21. 1999
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
Scott Erickson,~~
Engineering
ITEM NO.
Accept Petition/Order Feasibility ReporU
99-36/Sunridge, Cont.
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, watermain,
street and storm sewer for Project 99-36, in the Sunridge area.
We are recommending that the consulting firm of SEH be retained as the design engineers for
this project. They have successfully completed other projects for the City.
)
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.I 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. WATERMAIN. STREET AND STORM SEWER ,PROJECT NO. -
99-36, IN THE SUNRIDGE AREA.
WHEREAS, the City Council has received a petition, dated November 30. 1999,
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 $1.000.00
3. The proposed improvement is hereby referred to SEH and they are instructed-to
provide the City Council with a feasibility report.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 21 st day of December , 19 99, with
favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
voting in
voting
Councilmembers
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
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DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Planning
Jeff Johnson
ITEM NO.
J;p'prove Ordinance No. 118
Establishing a Temporary Moratorium
on Antennas and Towers
Request
At the December 7, 1999 City Council meeting, Council directed Staff to prepare an interim ordinance
that establishes a moratorium on antennas and towers in the City. The Council is asked to review and
approve the attached ordinance (Ordinance No. 118) which is similar to the communities of
Bloomington and Maplewood. The City Attorney has reviewed this ordinance.
This is a twelve (12) month moratorium (the maximum amount of time allowed by State Statute).
The City Council may extend the moratorium for an additional eighteen (18) months, if deemed
necessary.
)
The following is a list off reasons for Council to take into consideration to help establish this
moratorium:
*
The existing ordinance regulations do not adequately address the unique needs and impacts of
wireless telecommunication towers and expose the City to potential legal challenges. Tower
requests need to be deferred while appropriate revisions are made to the applicable ordinances.
*
The moratorium will allow time for review and comment on proposed ordinance changes by all
affected parties, including the providers, the public, etc. The moratorium will ensure that
ordinance changes will not need to be rushed through and that all the issues can be completely
examined.
*
The moratorium will give the City a chance to adopt a comprehensive policy on the use of
land within the City for wireless telecommunications facilities and ensure that requests are
handled on a consistent basis.
Note:
This moratorium would not restrict the placement of wireless telecommunications antennas on existing
buildings and towers that have received previous approval from the City. The City will encourage such
\ placement of antennas as a method for reducing the number of freestanding towers.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 118
AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND TIIE
HEALTH, SAFETY, AND WELFARE OF RESIDENTS AND ESTABLISHING
A TEMPORARY MORATORIUM ON ANTENNAS, TOWERS, OR ANY
EQUIPMENT USED FOR THE TRANSMITTING OR RECEIVING
TELECOMMUNICATION, TELEVISION OR RADIO SIGNALS WITHIN TIIE
CITY.
The City Council hereby ordains as follows:
Section 1. Tower Moratorium.
\
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Recent advances in wireless communications technology have resulted in a new
generation of cellular communication services. These services, called "Personal
Communications Services" ("PCS"), will likely require numerous locations
throughout the community. These antennae may be located on buildings, water
towers, and similar structures, but will also frequently be located on towers
constructed or enlarged for that purpose.
A number ofPCS providers have been licensed by the FCC and more are expected
in the near future. These providers are actively pursuing antenna sites within the
City, and are expected to request and construct new or enlarged communications
towers. There is concern that current City ordinances may not adequately address
issues relating to these towers, such as the appropriate locations for these towers
and the conditions under which they may be allowed within the City, including
structural and construction requirements, co-location, setbacks and height
limitations.
There is a need to study these and other issues to determine what regulatory
controls may need to be adopted to protect the public health, safety and welfare.
The Planning and Zoning Commission and City Staff under the direction ofthe
City Council shall conduct such studies and make recommendations to the City
Council.
The City Council finds, therefore, that a moratorium is required in order to protect
) the planning process and to prevent the construction or enlargement of towers and
1
" the use and development of lands within the City for such towers pending the
, J completion of necessary studies and the consideration and implementation of new
regulations on that subject. At the present time it is expected that the necessary
studies and implementation can be completed within a one (1) year period.
Section 2. Moratorium Established: Scone and Definition of "Tower".
In accordance with the findings set forth in this ordinance and pursuant to the
authority of Minnesota Statutes 462.355 (Subd. 4), there is hereby established a
moratorium on the construction, erection, placement, reconstruction, enlargement,
or expansion of towers within the City and on the development and use of property
for such purposes.
During the period of the moratorium, applications for final site and building plan
approval, building permits, and other permits and approvals related to such tower
work shall not be accepted by the City, neither the Planning and Zoning
Commission nor the City Council shall consider or grant approval or any
application required for such work, and no building permits for such work shall be
issued.
"
)
For the purposes of the moratorium the term "tower" shall mean "any pole, spire,
structure, or combination thereof, including supporting lines, cables, wires, braces,
and masts, intended primarily for the purpose of mounting an antenna
meteorological device, or similar apparatus above grade."
Section 3. Applicability.
The moratorium shall be applicable to property throughout the City.
Section 4. Exceptions.
The moratorium shall not apply to (1) the lawful use of existing towers or the
lawful erection of antennfle on such existing towers, (2) the repair and/or
maintenance of any existing tower provided that such work does not enlarge or
expand that tower, (3) work on a tower necessary to preserve health, safety, life, or
property in the face of an emergency, and (4) tower work that has received all
necessary permits and approvals from the City prior to the effective date of this
ordinance.
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\ Section 5. Appeal Provision.
/
The City Council shall have the power to vary or modify the application of any
provisions stated in this ordinance upon its determination in its absolute legislative
discretion that such variance or modification is consistent with the letter and intent
ofthe Comprehensive Plan and the Zoning Ordinance. Upon receiving any
application for such a variance or modification, the City Clerk shall refer such
application to the City Council.
Section 6. Penalties.
Any person, corporation, or other entity that constructs, erects, places,
reconstructs, enlarges, or expands a tower in violation of this ordinance shall be
guilty of a misdemeanor and shall be subject to any additional legal or equitable
remedies available to the City.
Section 7. Effective Date.
This ordinance shall take effect upon its adoption and publication and shall be
effective for one (I) year from its effective date and shall expire at that time unless
, further extended.
Adopted by the City Council of the City of Andover on this _ day of
ATTEST:
CITY OF ANDOVER
Victoria Volk, City Clerk
J. E. McKelvey, Mayor
"
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
.'
ORDINANCE NO. 113
AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF
PRIV ATE AND COMMERCIAL ANTENNAS AND TOWERS
The City Council of the City of Andover does hereby ordain:
Section 1. PUI:pose and Objectives: The purposes and objectives of this ordinance are to
provide for the safe installation of antennas and towers and to minimize the adverse
aesthetic impact of antennas and towers on surrounding properties, while permitting
reasonable reception and transmission of signals from antennas. To lessen the adverse
aesthetic impact on surrounding properties because of the unsightly nature of antennas
and towers, and preserve the high quality residential character of Andover, and to ensure
that antennas and towers are installed in a manner that can withstand high winds and
other adverse weather conditions and do not constitute a nuisance or pose a safety
concern, the City Council has determined to impose size, height, location and installation
restrictions and requirements on antennas and towers.
Section 2. Definitions: The following words and terms shall have the following
meanings in this ordinance:
Antenna - That portion of any equipment located on the exterior or outside of any
structure, used for transmitting or receiving radio, telephone and television signals.
Antenna as defined in this ordinance (unless otherwise noted) pertains to all of the
following antennas:
(a) Antenna, Public Utility Microwave - A parabolic dish or cornucopia shaped
electromagnetically reflective or conductive element used for the transmission and/or
reception of point to point UHF or VHF radio waves in wireless telephone
communications, and including the supporting structure thereof.
(b) Antenna, Radio and Television, Broadcasting Transmitting - A wire, set of
wires, metal or carbon fibre rod or other electromagnetic element used to transmit public
or commercial broadcast radio or television programming, and including the support
structure thereof.
(c) Antenna, Radio and Television Receiving - A wire, set of wires, metal or
carbon fibre element(s), other than satellite dish antennas, used to receive radio
television, or electromagnetic waves, and including the supporting structure thereof.
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(d) Antenna, Satellite Dish - A device incorporating a reflective surface that is
solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or
cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic
waves between terrestrially and/or orbitally based uses. This definition is meant to
include but not be limited to commercial satellite earth stations, TVRO's (television,
receive only), and satellite microwave antennas, but does not include personal TVRO
satellite reception receivers.
(e) Antenna, Short-Wave Radio Transmitting and Receiving - A wire, set of
wires or a device, consisting of a metal, carbon fibre, or other electromagnetically
conductive element used for the transmission an reception of radio waves used for short-
wave radio communications, and including the supporting structure thereof.
(f) Antenna, Telecommunications - a device consisting of a metal, carbon fibre,
or other electromagnetically conductive rods or elements, usually arranged in a circular
array on a single supporting pole or other structure, and used for the transmission and
reception of radio waves in digital, analog or other wireless or personal communication
services (i.e. cellular, paging, etc.).
Mast - Shall mean that portion of the outside antenna system to which the antenna is
attached, and the support of extension required to elevate the antenna to a height deemed
necessary for adequate operation.
"
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Private Property - Land that is not public property as defined in this section.
Public Property - Land owned or operated by a municipal govemment entity (City of
Andover).
Tower - Any pole, spire, or structure (excluding structures required for the transmission
of electric energy), or any combination, to which any antenna could be attached, or which
is designed for any antenna to be attached, and all supporting lines, cables, wires and
braces.
Section 3. Permit Required: Hei~ht Restrictions: Exemptions: No antenna or tower in
excess of thirty-five (35) feet from ground level of any kind shall be erected, constructed,
or placed, or re-erected, re-constructed or replaced on private property without first
receiving a special use permit and obtaining a building permit (if necessary) from the
City. Antennas and towers erected, constructed, or placed, or re-erected, re-constructed
or replaced on public property shall require an special use permit, a building permit (if
necessary), a lease agreement and comply with all provisions and policies as required and
adopted by City Council.
)
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Antennas (including the mast) mounted on a building or structure shall not extend over
twenty-five (25) feet above the highest portion of the roof of the building or structure.
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If no existing structure which meets the height requirements for the antennas is available
for mounting the antennas, the antennas may be mounted on pole(s) not to exceed one
hundred and fifty (150) feet in height provided that pole(s) are setback from all property
lines at a distance equal or greater to the height of the pole(s), unless a qualified structural
engineer shall specify in writing that any collapse of the pole will occur within a lesser
distance under all foreseeable circumstances.
Section 4 Application for Permit: Issuance: Fee: Application for a special use permit by
this Section shall be made to the Planning and Zoning Department in the same manner,
and containing the same information, as for a special use permit pursuant to Ordinance
No.8, Section 5.03.
Section 5. Existin~ Antennas and Towers. Antennas and towers in existence prior to the
adoption of this ordinance which do not conform to or comply with the provisions may
continue in use for the purpose now used and as now existing but may not be structurally
altered without complying with all respects of this ordinance.
"
Section 6. General Requirements: All antennas and towers for which a permit is required
shall comply v,.lth all of the following requirements:
Subd. 1 Proximity to Power Lines. No antenna, tower or mast shall exceed a height
equal to the distance from the base of the antenna or tower to the nearest overhead po~er
line (except individual service drops), less five feet.
Subd. 2 Grounding. Antennas and towers shall be grounded for protection against a
direct strike by lightning and shall comply, as to electrical wiring and connections, with
all applicable provisions of this ordinance and State law.
Subd. 3 Tower Materials. All towers shall be constructed of corrosive-resistant steel or
other corrosive-resistant, non-combustible materials. Towers shall not be constructed or
made of wood, including timbers or logs.
Subd. 4 Wind Load. All such structures and towers shall be designed to withstand a
wind load from any direction as specified in the Building Code, in addition to any other
load.
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Subd.5 Foundations. The foundations for such structures and towers shall be designed
in accordance with accepted engineering practices and shall be provided to resist two
times the calculated v.ind uplift.
Subd.6 Protection from Climbing. Antennas and towers shall be protected to discourage
climbing by unauthorized persons. If this cannot be prevented, the tower or antenna shall
be provided with security fencing to prevent unauthorized entry. Fencing to be approved
by City Council.
, ~
Subd. 7 Restrictions on Lights and Other Attachments. No antenna or tower shall have
affixed to it in any way except during the time of repair and installation any lights,
reflectors, flashers, or other illuminating device, except as required or allowed by the
City, Federal Aviation Agency or the Federal Communications Commission, nor shall
any tower or antenna have constructed thereon, or attached thereto, in any way, any
platform, catwalk, crow's nest, or like structure, except during periods of construction or
repmr.
Subd. 8 Prohibited Extensions. No part of any antenna or tower nor any lines, cables,
equipment, wires or braces used in connection with any tower or antenna shall, at any
time (other than during repair or construction), extend across or over any part of a street,
sidewalk or alley.
"
Subd. 9 Transmitting, Receiving and Switching Equipment. Transmission, receiving
and switching equipment shall be housed within an existing structure whenever possible.
If a new equipment building is necessary for transmitting, receiving and switching
equipment, it shall be situated in the rear yard of the principal use and shall be screened
from view by landscaping where applicable.
(
S ubd. 10 Inspections. All towers and antennas erected within the City of Andover may
be inspected at least once each year by an official of the Building Department to
determine compliance with original construction standards. Deviation from the original
construction for which a permit is obtained constitutes a violation of this ordinance.
Subd. 11 Liability Insurance. Any person or firm erecting an antenna or tower within the
City of Andover shall show proof of liability insurance covering personal injury or
property damage in the event that such damage or injury is caused by the structure.
Section 7 Location.
Subd. 1 Setback Location. In no case shall any antenna or tower be located, constructed,
installed, maintained, at any time, within the setback required by Ordinance No.8,
Section 6.02 for a principal building or structure for the Zoning District in which the
antenna or tower is located. The antenna or tower shall be located in the rear yard only in
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all zoning districts where an existing principal structure exists, unless approved by the
City Council.
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Subd.2 Telecommunications Towers/Antennas. Shall be constructed, installed, located
or maintained on public property and in the following Zoning Districts - Limited
Business, Neighborhood Business, Shopping Center, General Business, Industrial,
General Recreation and Residential. Telecommunication towers/antennas installed or
placed on residential parcels of land must meet all of the following requirements:
a) The parcel ofIand must be greater than twenty (20) acres.
b) Telecommunication towers/antennas must be installed or placed at a minimwn of
five hundred (500) feet from any residential structure or dwelling.
c) Telecommunication towers shall not be nearer than 500 feet from each other.
All telecommunication towers and antennas to be installed are required to meet
landscaping and screening requirements and standards to be acceptable and approved
by City Council. The landscaping and screening must be compatible with the
surrounding character, buildings and landscape.
,
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Section 8. Variances. Variances from the literal provisions of this ordinance shall be
processed and granted or denied in the same manner and based on the same criteria as
variances under Ordinance No.8, Section 5.04.
Section 9. Destroved or Dama~ed Antennas or Towers. If an antenna or tower is
damaged or destroyed due to any reason or cause whatsoever, the same may be repaired
or restored to its former use, location and physical dimensions upon obtaining a building
permit but without otherwise complying with this ordinance. Provided, however, that if
the cost of repairing or restoring such damaged or destroyed antenna or tower would be
50 percent or more, as estimated by the Building Official, of the cost of purchasing and
erecting a new antenna or tower of like kind and quality and to the former use, physical
dimensions and location, then the antenna or tower may not be repaired or restored except
in full compliance with this ordinance.
Section 10 Abandoned Antennas and Towers. Removal Any antenna or tower which is
not used for one (1) successive year shall be deemed abandoned and must be removed
with all other associated equipment from the property within ninety (90) day of notice by
the City.
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Section II Penalty.
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(1) Misdemeanor. Any person who shall violate any provision of this ordinance shall be
guilty of a misdemeanor and shall be subject to applicable fines and imprisonment
defmed by State law.
(2) Other Remedies. In addition to the penalties imposed by this ordinance, the City may
exercise, with or separately from such penalties, all and any other legal and equitable
remedies then available to the City by this ordinance, or by statute, or by other ordinances
of the City, or by applicable rules or regUlations, to enforce this ordinance, including,
without limitation, injunction.
.....
Adopted by the City Council of the City of Andover on this..1ili. day of _~, 1996.
ATIEST:
CITY OF ANDOVER
d~j~
Q. Z~M0 )(<-~
y C/
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
.
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6
~62,3S~ HO!:SI:"G. REDEVELOP~IE:"o". PL'\""'l:-;G. ZONING
8:8
for a board of appeals and adjustments, The board shall have the powers set forth in section
462,357. subdivision 6 and section 462.359. subdivision 4, Except as otherwise provided bv
charter. the governing body may provide alternatively that there be a separate board of ap-
peals and adjustments or that the governing body or the planning commission or a committee
of the planning commission serve as the board of appeals and adjustments. and it may pro-
vide an appropriate name for the board. The board may be given such other duties as the \rov.
erning body may direct. ~
In any municipality where the council does not serve as the board. the governing bodv
may. except as otherwise provided by charter. provide that the decisions of the board on maio
ters within its jurisdiction are tinal subject to judicial review or are final subject to appeal to
the council and the right of later judicial review or are advisory to the counciL Hearings by
the board of appeals and adjustments shall be held within such time and upon such notice to
interested parties as is provided in the ordinance establishing the board. The board shall with-
in a reasonable time make its order deciding the matter and shall serve a copy of such order
upon the appellant or petitioner by maiL Any party may appear at the hearing in person or by
agent or attorney. Subject to such limitations as may be imposed by the governing body. the
board may adopt rules for the conduct of proceedings before it. Such rules may include provi-
sions for the giving of oaths to witnesses and the tiling of written briefs by the parties, The
board shall provide for a record of its proceedings which shall include the minutes of its
meetings. its tindings. and the action taken on each matter heard by it. including the final
order. In any municipality in which the planning agency does not act as the board of adjust-
ments and appeals. the board shall make no decision on an appeal or petition until the plan.
ning agency. if there is one. or a representative authorized by it has had reasonable opportuni-
ty. not to exceed 60 days. to review and report to the board of adjustments and appeals upon
the appeal or petition.
History: 1965 c 670 s 4: 1967 c 493 s 1
462.355 PREPARATION. ADOPTION. AND A;\-IENDMENT OF COMPREHEN-
SIVE MUNICIPAL PLAN.
Subdivision I, Preparation and review. The planning agency shall prepare the com-
prehensi ve municipal plan. In discharging this duty the planning agency shall consult with
and coordinate the planning activities of other departments and agencies of the municipality
to insure conformity with and to assist in the development of the comprehensive municipal
plan. In its planning activities the planning agency shall take due cognizance of the planning
activities of adjacent units of government and other affected public agencies. The planning
agency shall periodically review the plan and recommend amendments whene\'er necessary.
Subd. la. Plan update by metropolitan municipalities. Each municipality in the met-
ropolitan area. as defined in section 473.121. subdivision 2. shall review and update its com-
prehensive plan and fiscal devices and official controls as provided in section 473,864. sub-
division 2.
Subd. 2. Procedure for plan adoption and amendment. The planning agency may.
unless otherwise provided by charter or ordinance consistent with the municipal charter. rec-
ommend to the governing body the adoption and amendment from time to time of a compre-
hensive municipal plan. The plan may be prepared and adopted in sections, each of which
relates to a major subject of the plan or to a major geographical section of the municipalit~,
The governing body may propose the comprehensive municipal plan and amendments to It
by resolution submitted to the planning agency. Before adopting the comprehensive munici-
pal plan or any section or amendment of the plan. the planning agency shall hold at least one
public hearing thereon, A notice of the time. place and purpose of the hearing shall be pub-
lished once in the official newspaper of the municipality at least ten days before the day of the
hearing.
Subd. 3, Adoption by governing body. A proposed comprehensive plan or an amend-
ment to it may not be acted upon by the governing body until it has received the recommenda-
tion of the planning agency or until 60 days have elapsed from the date an amendment pro-
posed by the governing body has been submitted to the planning agency for its recommenda-
tion. Unless otherwise provided by charter. the governing body may by resolution by a tWO-
thirds vote of all of its members adopt and amend the comprehensive plan or portion thereof
'\ 3~g
/
he powers set forth in section
~ept as otherwise provided by
~re be a separate board of ap-
19 commission or a committee
adjustments. and it may pro-
n such other duties as the gov-
,he board. the governing body
decisions of the board on mat-
'r are tinal subject to appeal to
ry to the council. Hearings by
1 time and upon sUch notice to
le board, The board shall with-
lall serve a copy of such order
r ~t the hearing in person or by
,ed by the governing body. the
, Such rules may include provi-
-jtten briefs by the parties, The
l~ll include the minutes of its
leard by it. including the final
, not act as the board of adjust-
"peal or petition until the plan.
{ has had reasonable opportUnt-
, adjustments anJ appeals upon
,y'T OF CO:\IPREHEN-
./
agency shall prepare the co~
nin<J agencv shall consult WIth
ld ~e~cies' of {he municipality
f the~ comprehensi \e municipal
due cognizance llf the planDlng
j public-agencies, The planning
lendments w henewr necessary.
,. Each municipality in the met-
.hall review and update its com- ',,,,<.
'ovided in sectilln ..J.73.864-. sulr ~~'
'1:l.J
HOl'SI:"G. REDEYELOP~tE:"IT. PtA.'''~l:-;G. ZONI:"G ~Z.3S7
a; the ofticial municipal plan upon such notice and hearing as may be prescribed by ordi-
nance.
Subd, 4, Interim ordinance. [I' a municipality is conducting studies or has authorized a
,tudy to be conducted or has held or has scheduled a hearing for the purpose of considering
adoption or amendment of a comprehensive plan or official controls as defined in section
'+62.352. subdivision 15. or if new territory for which plans or controls have not been adopted
is annexed to a municipality. the governing body of the municipality may adopt an interim
ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning
process and the health. safety and welfare of its citizens. The interim ordinance may regulate.
restrict or prohibit any use. development. or subdivision within the jurisdiction or a portion
thereof for a period not to exceed one year from the date it is effective. and may be extended
fN such additional periods as the municipality may deem appropriate. not exceeding a total
aJditional period of 18 months. No interim ordinance may halt. delay. or impede a subdivi-
sion which has been given preliminary approval prior to the effective date of the interim ordi-
nance.
History: /965 c 670 s 5: /976 c 127 s 21: 1977 c 347 s 68: 1980 c 566 s 24: 1983 c
~16 art 1 s 67; /985 c 62 s /.2: 1995 c 176 s 4
462.356 PROCEDURE FOR PLA~ EFFECTUATION; GENERALLY.
Subdi vision I. Recommendations for plan execution. Upon the recommendation by
the planning agency of the comprehensive municipal plan or sections thereof. the planning
agency shall study and propose to the governing body reasonable and practicable means for
putting the plan or section of the plan into effect. Subject to the limitations of the following
,ections. such means include. but are not limited to. zonin\r regulations. regulations for the
subdivision of land. an ofticia( map, a program for coordination of the no~rmal public im-
provements and services of the municipality. urban renewal and a capital improvements pro-
gram.
Subd, 2. Compliance with plan. After a comprehensive municipal plan or section
thereof has been recommended by the planning agency and a copy tiled with the governing
body. no publicly owned interest in real property within the municipality shall be acquired or
Jisposed of. nor shall any capital improvement be authorized by the municipality or special
Jistrict or agency thereof or any other political subdivision having jurisdiction within the
municipality until after the planning agency has reviewed the proposed acquisition, disposal.
'lr capital improvement and reported in writing to the governing body or other special district
,)r agency or political subdivision concerned, its findings as to compliance of the proposed
.1cl{ui,itilln. disposal or improvement with the comprehensive municipal plan. Failure of the
planning agency to report on the proposal within 45 days after such a reference. or such other
period as may be designated by the governing body shall be deemed to have satistied the reo
4uirements of this subdivision. The governing body may. by resolution adopted by two-
thirds vote dispense with the requirements of this subdivision when in its judgment it finds
that the proposed acquisition or disposal of real property or capital improvement has no rela-
tIOnship to the comprehensive municipal plan,
History: /965 c 670 s 6
ent. The planning agency may.
- with the municipal charter. ltC-
t from time to time of a com~
pted in sections. each ofw~ch
ical section llf the mumclpalirr'
jpal plan anJ amenJments t? ~
-ting the comprehensl\e muruCt- ,~~
n<J a<Jency shall hllld at least QIIC ;,.;;',
"' "' , b ub--
10se of the hear:ng shall e ~tbe'_
ast ten days bdore the day ot '-'
. ~
)mprehensive plan or,an am:
it has received the recomme
-om the date an amendment :;;.,
ning agency for its recomme .
Jdv 'l1ay bv resolution by a
rt ,'ive plan lJr portion the
~62.357 PROCEDURE FOR PLA~ EFFECTUATION: ZONING.
Subdivision I, Authority for zoning. For the purpose of promoting the public health.
'.1fety. morals. and general welfare. a municipality may by ordinance regulate on the earth's
surface. in the air space above the surface. and in subsurface areas. the location. height.
"tdth. bulk. type of foundation. number of stories. size pI' buildings and other structures. the
percentage of lot which may be occupied. the size of y.ards and other open spaces, the density
and distribution of population. the uses of buildings and structures for trade. industry. resi-
dence. recreation. public activities. or other purposes. and the uses of land for trade, industry.
~estdence. recreation. agriculture. forestry. soil conservation. water supply conservation.
conservation of shore lands. as defined in sections 103F.20 I to 103F.22 I. access to direct sun-
Itght for solar energy systems as defined in section 216C.06, tlood control or other purposes.
an<.1 may establish standards and procedures regulating such uses. No regulation may prohib.
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 21. 1999
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
Planning
ITEM NO.
Approve Major Revision
Comprehensive Plan
~.
John Hinzman,
City Planner
Request
The City Council is asked to approve the attached major revision to the Comprehensive Plan
for submittal to Metropolitan Council. Although some outstanding issues remain, staff
recommends submitting the plan to meet the December 31, 1999 deadline.
~
History
A Comprehensive Plan Task Force consisting often members was appointed by the City
Council during the Spring of 1997. The Task Force met monthly during 1997. In May, a
survey was distributed to Andover residents to measure public opinion on a variety of
comprehensive planning issues. Results from the survey were presented at a town meeting
attended by 35 residents in June, 1997.
The Task Force continued to meet in 1998. Meetings increased to twice a month. In October
notice of a town meeting was sent out to all residents and property owners. Over 100 people
attended the meeting. A joint City Council and Task Force workshop was held later in the
month. Over the past year, staff has continued to update the plan to incorporate public input
and consultant data.
Metropolitan Council Review
A preliminary review of the plan by Met Council in September of 1998 identified outstanding
issues related to housing, density and transportation. Staff has worked to resolve many of
these issues, however the proposed submittal does contain inconsistencies with Metropolitan
Council guidelines, including:
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Page Two
Comprehensive Plan Submittal
December 21, 1999.
. Allowing the creation of2.5 acre development outside the 2020 MUSA boundary. Met
Council encourages an overall rural density of one unit per 10 acres.
. Target acreages and densities are not being met for multiple family housing. The Met
Council Regional Growth Strategy (RGS) forecasts that 27 percent of new housing in
Andover will be multiple family.
. Submittal of a Capital Improvement Program (CIP) must be submitted in conjunction with
the plan. Staff is currently working on drafting a CIP.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -99
A RESOLUTION APPROVING A MAJOR REVISION TO THE ANDOVER
COMPREHESNIVE PLAN
WHEREAS, The City Council has authorized the creation of the Comprehensive Plan Task
Force to assist in amending the Comprehensive Plan; and
WHEREAS, The Comprehensive Plan Task Force has conducted resident surveys, held public
meetings, and hosted public workshops in drafting the Comprehensive Plan.
WHEREAS, A public hearing was held pursuant to state statutes; and
WHEREAS, The Comprehensive Plan Task Force submits a major revision to the existing,
1991 Comprehensive Plan per Minnesota State Statutes ((Minn. Stat. 473.175-473-.871
(1996)), said revision being on file at the office of the City Clerk.
,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Comprehensive Plan Task Force and approves
said amendment to the Comprehensive Land Use Plan subject to final approval by
Metropolitan Council.
/
Adopted by the City Council of the City of Andover on this 21st day of December,
1999.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey, Mayor
Victoria V olk, City Clerk
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Discussion
Community Development
ITEM NO. \().
Reconsider Acceptance of Payment/
Approval of Temp. Workspace Request/City Properties
Northern Natural Gas
David L. Carlberg
Community Development Director
The City Council is requested to reconsider the Northern Natural Gas (NNG) Company's request
for the following items:
I. Acceptance of the payment, required under the easement, for laying of the additional pipeline
(multiple line rights agreements) on the two City owned properties. The properties are located
at 148th Lane and Prairie Road (Prairie Knoll Park), and 159th Avenue NW and 7th Avenue
NW.
/ 2. Approval of the temporary work space agreements for two City owned properties.
3. The street crossing (work in right-of-way permits) permits for the under-crossing of all streets
involved in the project.
Since action was taken on this item at the December 7, 1999 meeting, in order for the Council to
reconsider this item, a Councilmember who voted in the affirmative will need to introduce a
motion to that effect. The motion to decline acceptance was carried unanimously.
Backl!round
Since the last Council meeting, Staff has become aware, as well as informed the City Council,
that due to the lack of cooperation on the part of the City, NNG intends to proceed with the
project in the most "cost effective" manner. This could mean open cutting roads instead of
boring them which would potentially cost the City between $150,000 - $200,000 in street
repairs. This is contrary to the original plans to bore under the 19 +/- road crossings and a 1300
+/- foot section of I 60th Lane NW in the Stenquist Addition.
Staff in researching various documents related to the pipeline to determine ifNNG is responsible
for street repairs has found nothing that obligates them to do so. In comparison, it would be no
different than a resident placing a fence on a city drainage and utility easement.
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Page Two
Northern Natural Gas
City Council Meeting
December 21, 1999
If the City deemed it necessary to access that easement and had to remove the fence to do so, the
City has no obligation to resurrect the fence at a cost to the City.
Staff has had numerous discussions with representatives ofNNG on how to rectify the
situations. The solution appears to be that ifthe City approves separate resolutions for each of
the above stated requests, NNG will drop the eminent domain proceedings (which have
commenced as of December 14, 1999) and bore the roads sections as originally planned. Staffis
still negotiating with NNG the composition and conditions ofthese resolutions and will present
them to the Council for consideration at the meeting.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
(n\)
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"
DATE: December 21. 1999
j
AGENDA SECTION
Discussion Item
ORIGINATING DEPARTMENT
Scott Erickson,~t
Engineering
ITEM NO.
Discuss Purchase of Property/Public Works
\\.
A few months back the City Council authorized staff to contact the property owners adjacent
(west) to the Public Works Facility regarding the possibility of purchasing some property from
them. Staff has talked with the adjacent property owners regarding the possibility of
purchasing some of their property. The property owner of 1813 Crosstown Boulevard has
indicated an interest in selling this property. He verbally indicated a sale price of $100,000 for
this 2.28 acre parcel. We are requesting the Council's direction on proceeding with the
purchase of this parcel of property.
Funding for the purchase of this parcel could be from a combination of funding sources such
/ as water and sewer funds, any carryover funds if available, et... Mr. Jim Dickinson, City
Finance Director, will be reviewing the availability of funds for this item.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Staff, Committees and Commissions
Planning
Jeff Johnson
ITEM NO.
Discuss Right-of-Way Management Ordinance
~i~ance No. 247
ReQuest
At the November 9, Special City Council meeting, Council directed Staff to refer Councilmember
Jacobson's comments on the right-of-management ordinance to Bill Hawkins, City Attorney. Please
review and discuss the attached written response from Mr. Hawkins which addresses these comments.
Staff would like input and direction from the Council on how to proceed.
"
LAW OffiCES OF
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)
William G. Hawkins and Associates
WILLIAM G. HAWKINS
BARRY A, SULLIVAN
Legal Assistant
T AMMI J. UVEGES
2140 FOURTH AVENUE NORTH
ANOKA, MINNESOTA 55303
PHONE (612) 427-8877
FAX (612) 421-4213
Mr. Jeff Johnson
Andover City Hall
1685 Crosstown Boulevard NW
Andover, MN 55304
RECEIVED
[)E:C
..NEWoz1999
CITY OF ANDOVER
December 1, 1999
Re: Right-of-Way Management Ordinance
Dear Jeff:
The following letter is written in response to your request that I review the comments
of Don Jacobson on the public right-of-way management ordinance. I would make
the following comments,
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1. Sec. 2. Definitions. "Applicant" does not include the City of Andover.
This section means a person that is requesting permission to excavate or obstruct a
right-of-way. Since the City owns the easement rights for streets and utilities, it does
not need to request permission to excavate within its own right-of-ways.
2. I would have no objection to the additional language suggested to Sec. 2
(c). On page 2 and throughout the ordinance, a change has been made to the
capitalization of right-of-way. The purpose of capitalizing is to indicate that the words
used are based upon the definition set out in subsection s of Sec. 2. Thus, if there is
any question regarding the meaning of right-of-way as used in a particular section of
the ordinance, the language in the definitions is to govern. Therefore, I believe the
capitalization is appropriate.
3. Sec. 2. (h). I do not believe that this is the right section to include this
language since (h) deals with the definition of equipment.
4. Sec. 2. (n). This would not require an Obstruction Permit for existing
power lines since they predate the ordinance and would be inappropriate to request
permits.
5. Sec. 2. (s). I believe the definition of Right-of-Way should include utility
easements along side and rear lot lines since utility companies such as telephone and
cable companies may wish to open these areas up for installation of utilities and they
should be governed by the ordinance for the protection of the residents.
, 6. Sec. 2. (t). This covers the status of a person who has violated the
,) terms of the ordinance in the past.
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Mr. Jeff Johnson
December 1, 1999
Page 2
7. Sec. 7 (b). I don't understand why you would want to delete the local
representative or designee from being available at all times. If there is an emergency
as a result of the installation from utilities, someone should be available to deal with
the problem.
a. Sec. 8., Subd, 1 (2). I believe you can change the projects under the
last paragraph of this subdivision. I have no problem with shorter dates if the
engineering and public works department indicate its okay. I do believe you should
identify the registrants since any change in the project may effect their utility plans in
the future, '
9. Sec. 11., Subd. 1. In the second line the article word should be
changed to ordinance and I have no objection to making the obligation to issue a
permit mandatory.
10. Sec. 12, Subd. 1, I don't believe that Sec. 12, Subd. 1 requires the fee
to be the cost of doing the work. It only requires the cost of doing the work if the
restoration is going to be done by the City. If it is not going to be done by the City
than the permit fee should cover the City costs which may be inspection and other
items as well as the degradation of the right-of-way. So it does not appear to me that
j there would be a doubling of the project cost.
11. Sec. 13., Subd. 1. The change from unseasonal to unseasonable is
acceptable. I have no problem with the suggestion that if the new firm disturbs the
area they would assume responsibility for three years and release the original
permittee.
12. Sec. 13, Subd. 2. The City has the sole discretion. I would delete the
last sentence on subd. 2. Regarding the City restoration, I would have no objection to
language if the City did not properly restore on the area it would be responsible,
however, there may be subsurface conditions which are not obvious and I don't
believe the City should be obligated to pay any expenses two or three years out since
it may not be our improper restoration that caused the problem.
13. Sec. 13, Subd, 2(b). This section only is to release the surety after 24
months. The permittee is still responsible for 36 months.
14. Sec. 13, Subd. 3. I believe the City can mandate restoration to greater
conditions if in fact the standards in effect at that time require such. This would be
no different than someone repairing storm damage on a house and arguing that they
did not need to comply with the existing building code.
15. Sec. 13, Subd. 4. Subd. 4 should be changed to 36 months. I have no
objection to the suggestion to make the time period ten days.
/
Mr. Jeff Johnson
,) December 1, 1999
Page 3
16. Sec. 16., Subd. 2. The suggestion is to insert the word or. That would
remove the City's determination as to whether or not it is an emergency. That's at
the option of the council.
17. Sec. 16, Subd. 3. The removal of the capitalization from obstruct is
correct. Subd. 3 should be changed to state that private vehicles cannot be parked
within or adjacent to the permit area. They still would be able to park on streets in the
area which are not adjacent to the permit area.
18. Sec. 17, Subd. 1 (d). This is at the option of the Council. The intent
here was to require that utiiitiesconstrucl adequate fadlities so 'Lhat it did not require
excavation of a right-of-way within five years. Also, I would have no objection to
including a section in here that would allow a project that was needed as a result of
circumstances that could not be foreseen or were not in existence at the time of the
original project.
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19. Sec. 17, Subd. 1 (e). This would be at the option of the City Council as
would (g).
20. Sec. 17, Subd. 2(e). The criteria that we use is the criteria found in this
franchise ordinance and other applicable ordinances and regulations. It would be the
degree of substantial compliance. I agree that (f) gives the Council broad discretion
but they would have to document, on a factual basis, the disruption so it could not be
totally subjective.
21. Sec. 17, Subd, 3. I am willing to consider some other language that is
suggested.
22, Sec. 20, Subd. 1. The change from permissive to mandatory is
acceptable.
23. Sec. 20, Subd. 2. This indicates double fees and as I have indicated
earlier, this is not an uncommon situation, particularly with building code violations.
24. Sec. 22, Subd. 3, The change is acceptable.
25. Sec. 23, Subd. 1 (e). The addition is acceptable. I don't understand the
need for the additional language to the change in subd. 1 at the top of page 20. The
language seems to cover the need for a decision by the Council to be in writing as
supported by the facts.
26. Sec. 23, Subd. 2. I have no objections to the changes,
27. Sec. 24, Subd. 1. This question needs to be answered by the
engineering department.
/
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Mr. Jeff Johnson
December 1, 1999
Page 4
, )
28. Sec. 25, Subd. 1. I believe the addition is too broad and allows the
permittee to allege economic considerations in nearly every undergrounding situation.
29. Sec. 25, Subd. 3. This merely makes anything located in the right-of-
way a nuisance whether its located on the mapping data or not.
30. Sec. 26. This change is at the option of the City Council.
31. Sec. 27. The change here would be a question to be answered by the
engineering or public utility department.
32. Sec. 28. The change is acceptable in the first paragraph. I don't
understand why the deletion of the requirement that a registrant be responsible lor the
cost of repairing any damage to the facility of another registrant when the damage is
caused by the first registrant's facilities.
33. Sec. 31. The City would be responsible if it hits a pole.
34. Sec. 32., Subd. 1. I don't understand the reason for deleting the
requirement that a registrant post a bond to reimburse the City for costs in removing
equipment.
/
35. Sec. 32, Subd. 2. I have no objection to this change.
Final Comments. The ability of the City to do work on electrical or gas facilities is a
question that needs to be answered by the engineering and public works department.
I have not had a copy of the fee schedule attached so I cannot make any comments
regarding that. These charges, in any event, should be established to recover the
City's costs as allowed under the ordinance.
After the Council has a chance to review my comments, please let me know of your
final decision and I will have the ordinance retyped accordingly.
William G. Hawkins
WGH/tju
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
~Ol\l ~(0(3S0N:S
. C()~
Ort02A'l - 3 .1) UC_
ORDINANCE NO. 247
AN ORDINANCE PROVIDING FOR PUBLIC-RIGHT-OF- WAY MANAGEMENT.
The City Council of the City of Andover hereby ordains as follows:
SECTION 1. The Code of the City of Andover is hereby amended by providing for a
public right-of-way management.
Article I. Election to Manage Public Right-of-Wav
Sec. 1.
PUTOose.
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The purpose of this Article is to provide an ordinance for the City (a) to manage its public
rights-of-way and to recover its rights-of-way management costs and (b )to regulate the
use of public rights-of-way by providers of telecommunication services, public utility ,
services, and the like, in a fair, efficient, competitively neutral and substantially uniform
manner, consistent with and to the extent authorized by Minnesota Law, specifically
Minnesota Statutes, Sees. 237.162, 237.163, 237.79, 237.81 and 238.086 (1997) and
Minnesota Public Utility Commission Rules 7819.0050 through 7819.9950.
Sec. 2.
Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section.
(a) "Applicant" means any Person requesting permission to Excavate or
Obstruct a Right-of-Way. THIS ALSO MEANS THE CITY OF
ANDOVER
(b) "City" means the City of Andover, Minnesota. For purposes of this
Ordinance, City means its elected officials, officers, employees, agents or
any commission, committee or subdivision acting pursuant to lawfully
delegated authority,
(c)
"City Cost" means the actual costs incurred by the City for managing
Rights-of-Way including, but not limited to costs associated with
registering of applicants, issuing, processing, and verifying Right-of-Way
Permit applications; revoking Right-of-Way Permits; inspecting job sites;
creating and updating mapping systems; determining the adequacy of
Right-of-Way restoration; restoring work inadequately performed;
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maintaining, supporting, protecting, or moving user equipment during
Right-of-Way work; budget analysis; record keeping; legal assistance;
systems analysis; and performing all of the other tasks required by
this Article, including other costs the City may incur in managing the
provisions of this Article except as expressly prohibited by law.
THE ITALICIZED ABOVE IS NOT IN STATE LAW OR IN PUC RULES
(d) "City Inspector" means any Person authorized by the City to carry out
inspections related to the provisions of this Article.
(e) "Commission" means the State Public Utilities Commission.
(f) "Degradation" means the accelerated depreciation of the Right sf
Waj<right-of-wav caused by Excavation in or disturbance of the
RiGht sf Wa-yright-of-wav, resulting in the need to reconstruct such
Right sf Wayright-of-wav earlier than would be required if the
Excavation did not occur, not to exceed the maximum restoration shown
in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to
7819.9950.
(g) "Emergency" means a condition that (a) poses a clear and immediate
danger to life or health, or of a significant loss of property; or (b) requires
immediate repair or replacement in order to restore Sgervice to a customer.
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(h) "Equipment" means any tangible thing located in any Right sf Wayright-
of-way; but shall not include boulevard plantings or gardens planted or
maintained in the Right sf Wayright-of-wav between a Person's property
and the street curb. SHALL NOT INCLUDE DRIVEWAYS TO BUSINESSES OR
RESIDENCES
(i) "Excavate" means to dig into or in any way remove or physically disturb
or penetrate any part of a Right sf Wayright-of-wav.
(j)
"Excavation Permit" means the Permit which, pursuant to this Article,
must be obtained before a Person may excavate in a Right of Wayright-of-
Excavation Permit allows the holder to Excavate that part
Way described in such Permit.
way. An
of the Right-of-
(k) "Excavation Permit Fee" means money paid to the City by an Applicant
to cover the costs as provided in Section 12.
(I)
"High Density Corridor" means a designated portion of the public Right-
of-Way within which Right of Wayright-of-wav users having multiple and
facilities may be required to billBUILD-and install facilities
system or other common structure.
competing
in a common conduit
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(m) "Local Representative" means the Person or Persons, or designee of such
Person or Persons, authorized by a Registrant to accept Service and to
make decisions for that Registrant regarding all matters within the scope
ofthis Article.
(n) "Obstruction Permit" means the Permit which, pursuant to this Article,
must be obtained before a person may obstruct a Right sf Wayright-of-
wav, allowing the holder to hinder free and open passage over the
specified portion of a Right of Wayright-of-wav by placing Equipment
described therein on the Right-of- Way for the duration specified
therein. WHAT ABOUT PERMANENT FACILITIES SUCH AS POWER LINES
WHICH STAY ON A PERMANENT BASIS?
(0) "Obstruction Permit Fee" means money paid to the City by a Registrant
to cover the costs as provided in Section 12.
(P) "Performance and Restoration Bond" means any of the following forms of
security: (1) individual project bond; (2) cash deposit; (3) security in the
form ofa listed or approved under Minn. Stat. 9 15.73, Subd. 3; (4) letter
of credit in a form acceptable to the City; (5) self insurance in a form
acceptable to the City; (6) blanket bond for projects within the City or
other form of construction bond for time specified in a form acceptable to
the City.
)
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(q)
"Permittee" means any Person to whom a Permit to Excavate or Obstruct a
Right of Wayright-of-wav has been granted by the City under this Article.
(r) "Person" means any natural or corporate Person, business association or
other business entity including, but not limited to, a partnership, a sole
proprietorship, a political subdivision, a public or private agency of any
kind, a utility, a successor or assign of any of the foregoing, or any other
legal entity which has or seeks to have Equipment located in any Right-of-
Way.
(s) "Public Right of Wayright-of-wav" means the area on, below, or above a
public roadway, highway, street, cartway, bicycle lane and public
sidewalk in which the City has an interest, including other dedicated
rights-of-way for travel purposes and utility easements of the City. A
right-of-way does not include the airwaves above a right-of-way with
regard to cellular or other non~wire telecommunications or broadcast
service. NOR DOES IT INCLUDE UTILITY EASEMENTS ALONG LOT SIDE AND
REAR LOT LINES
(t) "Probation" means the status of a Person that has not complied with the
conditions of this Article. WHAT DOES THIS MEAN?
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(u)
"Probation Period" means one (1) year from the date that a Person has
been notified in writing that they have been put on Probation.
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(v) "Registrant" means any Person who (1) has or seeks to have its Equipment
located in any Right-of Way, or (2) in any way occupies or uses, or seeks
to occupy or use, the Right Elf '},Ta-yright-of-wav or any Equipment located
in the Right- of-Way and, accordingly, is required to register with the City.
(w)
"Right Elf WayRight-of-wav Permit" means either the Excavation Permit
Obstruction Permit, or both, depending on the context,
Article.
or the
required by this
(x) "Rules" means Rule 7819.0050 through 7819.9950 adopted by the
Commission.
/
(y) "Telecommunication Right Elf 'Na-yright-of-wav User" means a Person
owning or controlling a facility in the Right Elf Wayright-of-wav, or
seeking to own or control the same, that is used or is intended to be used for
transporting telecommunication or other voice or data
information. For purposes of this Article, a cable communications
system defined and regulated under Minn. Stat. Chap. 238, and
telecommunications activities related to providing natural gas or
electric energy services are not included in this definition for
purposes of this Article. This definition shall not be
inconsistent with Minn. Stat. S 237.162, Subd. 4.
Sec. 3.
Administration.
The City may designate a principal City official responsible for the administration of the
Rights-of-Way, Right Elf Wayright-of-wav Permits, and the ordinances related thereto.
The City may delegate any or all of the duties hereunder.
Sec. 4.
Registration. Bonding and Rieht Elf Wavright-of-wav Occupancy.
Subd. 1. Each Person which occupies, uses, or seeks to occupy or use, the Right Elf
~right-of-wav or any Equipment located in the Right of Wayright-of-wav, including
by lease, sublease or assignment, or who has, or seeks to have, Equipment located in any
Right Elf Wayright-of-wav must register with the City. Registration will consist of
providing application information to and as required by the City, paying a registration
fee, and posting a Performance and Restoration Bond.
The Performance and Restoration Bond required in this Section, and in Sections 10,
Subd. 2; 13, Subd. 2(b) and Section 32, Subd. 1 (b)(3) shall be in an amount determined in
. '\ the City's sole discretion, sufficient to serve as security for the full and complete
" _ / performance of the obligations under this Article, including any costs, expenses,
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damages, or loss the City pays or incurs because of any failure to comply with this Article
or any other applicable laws, regulations or standards. During periods of construction,
repair or Restoration of Rights-of-Way or Equipment in Rights-of-Way, the Performance
and Restoration Bond shall be in an amount sufficient to cover 100% of the estimated
cost of such work, as documented by the Person proposing to perform such work, or in
such lesser amount as may be determined by the City, taking into account the amount of
Equipment in the Right sf Wayright-of-way, the location and method of installation of
the Equipment, the conflict or interference of such Equipment with the Equipment of
other Persons, and the purposes and policies of this Article. Sixty (60) days after
completion of the work, the Performance and Restoration Bond may be reduced in the
sole determination of the City.
Subd. 2. No person shall construct, install, repair, remove, relocate, or perform any
other work on, or use any Equipment or any part thereof located in any Right of
Way-right-of-way without first being registered with the City.
,
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Subd. 3. Nothing herein shall be construed to repeal or amend the provisions of a
City ordinance permitting Persons to plant or maintain boulevard plantings or gardens or
in the area of Right sf Wayright-of-way between their property and the street curb.
Persons planting or maintaining boulevard plantings or gardens shall not be deemed to
use or occupy the Right sf Wayright-of-wav, and shall not be required to obtain any
Permits to satisfy any other requirements for planting or maintaining such boulevard
plantings or gardens under this Article. However, Excavations deeper than 12 inches are
subject to the Permit requirements of Section 9 of this Article.
Sec. 5.
Rif?:ht to OCCUpy Rights-of- Way: Payment of Fees.
Subd. 1. Any Person required to register under Section 3, which occupies, uses, or
places its Equipment in the Right sf Wayright-of-way, is hereby granted a right to do so
if and only so long as it (1) timely pays all fees as provided herein and (2) complies with
all other requirements of law.
Subd. 2, The grant of right in Section 5 is expressly conditioned on, and is subject
to, the police powers of the City, continuing compliance with all provisions oflaw now or
hereinafter enacted, including this Article as it may be from time to time amended and,
further, is specifically subject to. the obligation to obtain any and all additional required
authorizations, whether from the City or other body or authority.
Sec. 6.
Franchise: Franchise Supremacy.
The City may, in addition to the requirements of this Article, require any Person
wffiehwho has or seeks to have Equipment located in any Right of Wayright-of-way to
obtain a franchise to the full extent permitted by law, now or hereinafter enacted. The
'\ terms of any franchise which are in direct conflict with any provisions of this Article,
, , whether granted prior or subsequent to enactment to this Article (excluding the City's
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,
police powers which shall always be reserved to the City), shall control and supersede the
conflicting terms of this Article provided, however, that requirements relating to
insurance, bonds, penalties, security funds, letters of credit, indemnification or any other
security in favor of the City may be cumulative in the sole determination of the City or
unless otherwise negotiated by the City and the franchise grantee. All other City or
unless otherwise negotiated by the City and the franchise grantee. All other terms of this
Article shall be fully applicable to all Persons whether franchised or not.
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Sec. 7.
Registration Information.
Subd. 1. The information provided to the City at the time of registration shall
include, but not be limited to:
(a)
The Registrant's name, Gopher One-Call registration certificate nwnber,
address and e-mail address if applicable, and telephone and facsimile
numbers.
(b)
The name, address and e-mail address, if applicable, and telephone and
facsimile numbers of a Local Representative. Tae Loeal RepreseRtative or
aesigHee shaU be a':ailaele at all times. Cl:lrreRt Current information
how to contact the Local Representative in an Emergency
provided at the time of registration.
regarding
shall be
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(c)
A certificate of insurance or self-insurance:
(1) Shall be on a form approved by the City,
(2) Shall verify that an insurance policy has been issued to the
Registrant by an insurance company licensed to do business in the
State of Minnesota; or is covered by self-insurance which the City
determines to provide the City with protections equivalent to that
of a Minnesota licensed insurance company, legally independent
from Registrant.
(3) Shall verify that the Registrant is insured against claims for
personal injury, including death, as well as claims for property
damage arising out of the (i) use and occupancy of the Right-of-
Way by the Registrant, its officers, agents, employees and
Permittees, and (ii) placement and use of Equipment in the Right-
of-Way by the Registrant, its officers, agents, employees and
Permittees, including, but not limited to, protection against liability
arising from completed operations, damage of underground
Equipment and collapse of property,
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(4)
Shall name the City as an additional insured as to whom the
coverages required herein are in force and applicable and for whom
defense will be provided as to all such coverages,
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(5) Shall require that the City be notified thirty (30) days in advance of
cancellation of the policy, and
(6) Shall indicate comprehensive liability coverage, automobile
liability coverage, workers compensation and wnbrella coverage in
amounts established by the City of the office of risk and employee
benefit management in amounts sufficient to protect the City and
carry out the purposes and policies ofthis Article.
(d) If the Registrant is a corporation, a copy ofthe certificate required to be
filed under Minn. Stat. ~ 300.06 (1996) as recorded and certified to by the
Secretary of State.
(e) A copy of the Registrant's certificate of authority from the Minnesota
Public Utilities Commission, where the Registrant is lawfully required to
have such certificate from said Commission.
(f) Such other information as the City may require.
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Subd. 2. The Registrant shall keep all of the information listed above current at all
times by providing to the City information of changes within fifteen (15) days following
the date on which the Registrant has knowledge of any change.
Sec. 8.
Reporting Obligations.
Subd. 1. Operations. Each Registrant shall, at the time of registration and by
December 1 of each year, file a construction and major maintenance plan with the City,
Registrants must use commercially reasonable efforts to anticipate and plan for all
upcoming projects and include all such projects in a construction or major maintenance
plan. Such plan shall be submitted using a format designated by the City and shall
contain the information determined by the City to be necessary to facilitate the
coordination and reduction in the frequency of Excavations and Obstructions of Rights-
of-Way.
The plan shall include, but not be limited to, the following information:
(1) the specific locations and the estimated beginning and ending dates of all
Projects to be commenced during the next calendar year (in this Section, a
"Next-year Project"); and
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(2) the tentative locations and beginning and ending dates for all Projects
contemplated for the five years following the next calendar year (in this
Section, a "Five-year Project").EVEN ANTICIPATED PROJECTS CAN
CHANGE IN SCOPE. CONCERN THAT THIS DOES NOT GIVE ENOUGH
FLEXIBILITY TO CARRY OUT PROJECTS I AS FOR LOCATIONS AND
BEGINNING AND END DATES FOR UP TO FIVE YEARS IS UNREASONABLE-
TELL ME WHAT THE CITY IS GOING TO BE DOING FIVE YEARS OUT.
The term "Project" in this Section shall include both next-year Projects and Five-year
Projects.
By January 1 of each year the City will have available for inspection in its offices a
composite list of all Projects of which it has been informed in the annual plans. All
Registrants are responsible for keeping themselves apprised of the current status ofthis
list.
Thereafter, by February 1, each Registrant may change any Project in its list ofNnext-
year Projects, and must notify the City and all other Registrants of all such changes
(WHY NOT ruST TELL THE CITY - IDENTIFYING ALL OTHER REGISTRANTS
IS CUMBERSOME)in said list. Notwithstanding the foregoing, a Registrant may at any
time join in a Ngext-year Fgroject of another Registrant that was listed by the other
Registrant.
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Subd. 2. Additional Next-vear Projects. Notwithstanding the foregoing, the City
may, for good cause shown, allow a Registrant to submit additional Nnext-year F12rojects,
Good cause includes, but is not limited to, the criteria set forth in Section 30.37, Subd. 3
concerning the discretionary issuance of Permits.
Sec. 9.
Permit Requirement.
Except as otherwise provided for in this Code, no Person may Obstruct or Excavate any
Rigflt Elf Wayright-of-wav without first having obtained the appropriate Right of
Wayright-of-wav Permit from the City to do so.
(a) Excavation Permit. An Excavation Permit is required to allow the holder
to Excavate that part of the Right Elf Wayright-of-wav described in such
Permit and/or to hinder free and open passage over the specified portion
ofthe Right-of- Way by placing Equipment described therein, to the
extent and for the duration specified therein.
(b) Obstruction Permit. An Obstruction Permit is required to allow the
holder to hinder free and pen passage over the specified portion of Right-
of-Way by placing Equipment, vehicles, or other obstructions described
therein on the Right Elf Wfryright-of-wav for the duration specified therein.
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No Person may E)[(~ayateexcavate or Obstruct the Right of Wayright-of-wav beyond the
date or dates specified in the Permit unless such person RECEIVES(i) a new Permit or ~
Permit extension is granted. -
Permits issued under this Article shall be conspicuously displayed at all times at the
indicated work site and shall be available for inspection by the City Inspector and
authorized City personnel.
Sec. 10.
Permit Applications.
Subd. 1. Application for a Permit is made to the City. Right ef Wa-yright-of-wav
Permit applications shall contain, and will be considered complete only upon compliance
with, the requirements of the following provisions:
(a) Registration with the City pursuant to this Article.
(b) Submission of a completed Permit application form, including all required
attachments, and scaled drawings showing the location and area of the
proposed proj ect and the location of all existing and proposed Equipment.
(c) Payment of all money due to the City for:
/
(1)
Permit fees and costs due;
(2) prior Obstructions or Excavations;
(3) any loss, damage, or expense suffered by the City as a result of
Applicant's prior Excavations or Obstructions of the Rights-of-
Way of any Emergency actions taken by the City; and
(4) franchise fees, if applicable.
Subd. 2. When an Excavation Permit is requested for purposes of installing
additional Equipment, and a Performance anQ Restoration Bond which is in existence is
insufficient with respect to the additional Equipment in the sole determination of the City,
the Permit applicant may be required by the City to post an additional Performance and
Restoration Bond in accordance with Section 4, Subd. 1.
Sec. 11.
Issuance of Permit; Conditions.
Subd. 1. If the City determines that the Applicant has satisfied the requirements of
this Article, the City ffl:aY SHALL-)ssue a Permit. WHY SET OUT ALL THE
CRITERIA FOR OBTAINING A PERMIT THAT MUST BE MET IF THE CITY CAN
REJECT THE APPLICATION IN THE END?
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Subd. 2. The City may impose any reasonable conditions upon the issuance of a
) Permit and the performance of the applicant thereunder in order to protect the public
health, safety and welfare, to ensure the structural integrity ofthe Right of Wayright-of-
way, to protect the property and safety of other users of the RiSht Elf Wayright-of-wav, to
minimize the disruption and inconvenience to the traveling public, and to otherwise
efficiently manage use of the Right of Wayright-of-wav.
Sec. 12.
Permit Fees.
Subd. 1. Excavation Permit Fee. The Excavation Permit Fee shall be established
by the City in an amount sufficient to recover the following costs: WHY WOULD THE
FEE BE THE COST OF DOING THE WORK IF THE CONTRACTOR IS GOING TO
DO THE RESTORATION WORK? THIS EFFECTIVELY DOUBLES THE COST OF
THE PROJECT FOR UP TO 60 DAYS FOLLOWING COMPLETION
(1) theThe City Cost;
(2) theThe Degradation of the Rigat sf Wayright-of-wav that will result from
the Excavation; -
(3) Restoration, if done or caused to be done by the City.
Subd. 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established
by the City and shall be in an amount sufficient to recover the City Cost. WHAT COST
IS THERE SIMPLY TO THE OBSTRUCTION OF A STREET FOR A SHORT TIME?
)
Subd. 3. Disruption Fees. The City may establish and impose a disruption fee as a
penalty for unreasonable delays in Excavations, Obstrueitol1s0bstructions, or Restoration.
Disruption Fees will not be imposed if the delay in completion is due to circumstances
beyond the control of the Applicant, including without limitation inclement weather, acts
of God or civil strike. HOW DO YOU GET THIS FEE? UP FRONT OR AFTER THE
SITUATION HAS HAPPENED?
Subd. 4. Pavment of Permit Fees. No Excavation Permit or Obstruction Permit
shall be issued without payment of all fees required prior to the issuance of such a Permit
unless the Applicant shall agree (in a manner, amount, and substance acceptable to the
City) to pay such fees within thirty (30) days of billing therefor. All Permit fees shall be
doubled during a probationary period. Permit fees that were paid for a Permit which was
revoked for a breach are not refundable. Any refunded Permit Fees shall be less all City
Ggost up to and including the date of refund. DOUBLED FEES DO NOT REACH THE
CRITERIA OF THE CITY SIMPLY RECOVERING ITS COSTS, THIS IS A
PUNITIVE DOUBLING
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Subd. 5. Use of Permit Fees. All Obstruction and Excavation Permit Fees shall be
used solely for City management, construction, maintenance and Restoration costs of the
Right sf Wa-yright-of-wav.
Sec. 13.
Right sf 'Nayright-of-wav Restoration.
Subd. 1. The work to be done under the Permit, and the Restoration and the Right
ef Wa.yright-of-wav as required herein, must be completed within the dates specified in
the Permit, increased by as many days as work could not be done because of
circumstances constituting force majeure or when work was prohibited as
1:IRseasonalunseasonable or unreasonable under Section 16, Subd. 2 all in the sole
determination of the City, In addition to repairing its own work, the Permittee must
restore the general area of the work, and the surrounding areas, including the paving and
its foundations, to the same condition that existed before the commencement of the work
and must inspect the area of the work and use reasonable care to maintain the same
condition for thirty-six (36) months thereafter.( SHOULD SOMEONE ELSE COME IN
A YEAR LATER IN THE SAME AREA. THEN THE RESTORATION FEES
SHOULD BE RELEASED AND THE NEW FIRM LIABLE FOR THE
MAINTENANCE. ALSO. I OUESTION WHETHER 3 YEARS IS REASONABLE IN
ALL CASES.
)
Subd. 2. In its application for an Excavation Permit, the Permittee may choose to
have the City restore the Right-of Way. In any event, the City may determine to perform
the Right sf Wayright-of-wav Restoration (UNDER WHAT CIRCUMSTANCES DOES
THE CITY STEP IN - THAT SHOULD BE POINTED OUT. ALSO. IF A BOND HAS
BEEN SET THAT SHOULD COVER THE TOTAL COSTS AND NO OTHER LEVY
SHOULD BE NEEDED and shall require the Permittee to pay a Restoration Fee to
provide for reimbursement of all costs associated with such Restoration. In the event
Permittee elects not to perform Restoration, City may, in lieu of performing the
Restoration itself, impose a fee to fully compensate for the resultant Degradation as well
as for any and all additional City Costs associated therewith. Such fee for Degradation
shall compensate the City for costs associated with a decrease in the useful life of the
Right of Wayright-of-wav caused by Excavation and shall include a Restoration Fee
component. Payment of such fee does not relieve a Permittee from any Restoration
obligation. It does not relieve Permittee from any Restoration Obligation, including but
not limited to replacing and compacting the subgrade base material and the excavation.
The Restoration Fee will not include the cost to accomplish these responsibilities~. (FEES
SHOULD COVER ALL THE COSTS. NOT JUST SOME)
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(a)
Permittee
If, during the
Ribht sf Wayright-of-wav
Restoration, the Permittee shall
days of billing, the cost of repairing said
Citv Restoration. If the City restores the Right of Wayright-of-wav. the
shall pay the costs thereof within thirty (30) days of billing.
thirty-six (36) months following such Restoration, the
settles due to permittee's Excavation or
pay to the City, within thirty (30)
Right sf Wa-yright-of-
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wav.(THE CITY SHOULD DO IT RIGHT THE FIRST TIME AND IF IT IS NOT
DONE RIGHT. THE CITY SHOULD PAY ANY EXPENSES OUT TWO OR THREE
YEARS)
(b) Permittee Restoration. If the Permittee chooses at the time of application
for an Excavation Permit to restore the Right of Wayright-of-wav itself,
such Permittee shall post an additional performance and Restoration Bond
in an amount determined by the City to be sufficient to cover the cost of
restoring the Right sf Wayright-of-wav to its pre-Excavation condition.
If, twenty-four (24) months after completion of the Restoration of the Right of
Wayright-of-wav, the City determines that the Right of
Wayright-of-wav has been properly restored, the surety on the Performance and
Restoration Bond posted pursuant to this Subd. 2(b) shall be
released~. (24 MONTHS HERE BUT 36 MONTHS JUST ABOVE - THE TIMES
SHOULD BE UNIFORM)
)
Subd. 3. The Permittee shall perform the work according to the standards and with
the materials specified by the City and in compliance with Minnesota Rule 7819.1100.
The City shall have the authority to prescribe the manner and extent to the Restoration,
and may do so in written procedures of general application or on a case-by-case basis.
The City, in exercising this authority, shall be guided but not limited by the following
standards and considerations: CITY CAN ONL Y MANDATE RESTORATION TO THE
EXISTING CONDITION. NOT GREATER
(a) the number, size, depth and duration of the Excavations, disruptions or
damage to the Right of Wayright-of-wav;
(b)
the traffic volume carried by the Right Elf Wayright-of-wav; the character
neighborhood surrounding the Right of Wayright-of-wav;
ofthe
(c) the pre-excavation condition of the Right of Wayright-of-wav; the
remaining life expectancy of the Right sf Wayright-of-wav affected by
the Excavation;
(d)
whether the relative cost of the method of Restoration to the Permittee is
in reasonable balance with the prevention of an accelerated depreciation fl:
the Right of Wa-;Tight-of-wav that would otherwise result from the
disturbance or damage to the Right sf Wayright-of-wav;
of
Excavation,
and
(e) the likelihood that the particular method of Restoration would be effective
in slowing the depreciation of the Right sf \Vayright-of-wav that would
otherwise take place.
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Notwithstanding the foregoing, the maximum limits of Restoration Methods and area
requirements the City will impose are found in PUC Plates 1 to 13, shown in parts
7819.9900 to 7819.9950.
Subd. 4. By choosing to restore the Right Elf Wayright-of-wav itself, the Permittee
guarantees its work and shall maintain it for twenty-four (24)(again conflicts with the 36-
month provision) months following its completion. During this twenty-four month
period it shall, upon notification from the City, correct all Restoration work to the extent
necessary, using the method required by the City. Said work shall be completed within
five (5) calendar days (FIVE DAYS MAY NOT BE ENOUGH TIME OR CREWS
CANNOT BE FOUND TO DO THE WORK THAT OUICKL Y. SUGGEST 10 TO 12
DA YS)ofthe receipt of the notice from the City, not including days during which work
cannot be done because of circumstances constituting force majeure or days when work is
prohibited as unseasonal or unreasonable under Section 16, Subd. 2 all in the sole
determination of the City.
Subd. 5. If the Permittee fails to restore the Right Elf Wayright-of-wav in the
manner and to the condition required by the City, or fails to satisfactorily and timely
complete all repairs required by the City, the City at its option may perform or cause to
be performed such work. In that event the Permittee shall pay to the City, within thirty
(30) days of billing, the cost ofrestoring the Right sf Wa-yright-of-wav. If Permittee fails
to pay as required, the City may exercise its rights under the Performance and Restoration
Bond.
Sec. 14.
Joint Applications.
Subd. 1. Registrants may jointly make application for permits to Excavate or
Obstruct the Right Elf Wayright-of-wav at the same place and time.
Subd. 2. Registrants who join in and during a scheduled Obstruction or Excavation
performed by the City, whether or not it is a joint application by two or more Registrants
or a single application, are not required to pay the Obstruction and Degradation portions
of the permit Fee.
Subd. 3. Registrants who apply for Permits for the same Obstruction or Excavation,
which is not performed by the City, may share in the payment of the Obstruction or
Excavation Permit Fee. Registrants must agree among themselves as to the portion each
will pay and indicate the same on their applications.
Sec. 15.
Supplementary Applications.
Subd. 1. A Right of Wayright-of-wav Permit is valid only for the area of the Right
Elf Wa-yright-of-wav specified in the Permit. No Permittee may perform any work outside
the area specified in the Permit, except as provided herein. Any Permittee which
j determines that an area greater than that specified in the Permit must be Obstructed or
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Excavated must before working in that greater area (I) make application for a permit
extension and pay any additional fees necessitated thereby, and (ii) be granted a new
Permit or Permit extension.
Subd. 2. A Right of Wa:yright-of-wav Permit is valid only for the dates specified in
the permit. No Permittee may begin its work before the Permit start date or, except as
provided herein, continue working after the end date. If a Permittee does not finish the
work by the Permit end date, it must make application for a new Permit for the additional
time it needs, and receive the new Permit or an extension of the old Permit before
working after the end date of the previous Permit. This Supplementary Application must
be done before the Permit end date.
Sec. 16.
Other Obligations.
Subd. 1. Obtaining a PJght of Wayright-of-wav Permit does not relieve Permittee
of its duty to obtain all other necessary Permits, licenses, franchises or other
authorizations and to pay all fees required by the City, any other city, County, State or
Federal rules, laws or regulations. A Permittee shall comply with all requirements of
local, state and federal laws, including Minn. Stat. SS 216D.01-09 ("One Call Excavation
Notice System"). A permittee shall perform all work in conformance with all applicable
codes and established rules and regulations, and is responsible for all work done in the
PJght ef 'Na:yright-of-wav pursuant to its Permit, regardless of who performs the work.
Subd. 2. Except in the case of an Emergency, tffi€l or -with the approval of the City,
no RigHt ef '.Vayright-of-wav Obstruction or Excavation may be performed when
seasonally prohibited or when conditions are umeasonable for such work.
Subd. 3. A Permittee shall not so Obstruetobstruct a PJght of Wa)'right-of-wav that
the natural free and clear passage of water through the gutters or other waterways shall be
interfered with~. (IN SOME CASES THIS MAY BE IMPOSSIBLE TO DO) Private
vehicles may not be parked with or adjacent to a Permit area~. (PUBLIC ROADS CAN
BE PARKED UPON BY PRIVATE VEHICLES - WHERE WOULD WORKERS
P ARK THEIR CARS? THIS PROVISION LEAVES NO REASONAALBE
AL TERNA TIVEThe loading or unloading of trucks adjacent to a Permit area is
prohibited unless specifically authorized by the Permit.
Sec. 17.
Denial of Permit.
The City may, in accordance with Minn. Stat. S 237.163, Subd. 4, deny any application
for a Permit as provided in this Section.
Subd. 1. Mandatory Denial. Except in the case ofan Emergency, no Right of
Wayright-of-wav Permit will be granted:
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(a)
To any Person required by Section 3 to be registered who has not done so;
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(b)
To any Person required by Section 8 to file an annual report but has failed
to do so;
(c) For any Next-year Project not listed in the construction and major
maintenance plan required under Section 8 unless the Person used
commercially reasonable efforts to anticipate and plan for the project;
(d) For any project which requires the Excavation of any portion ofa Right-
of-Way which was constructed or reconstructed within the preceding five
(5) years.(THlS IS UNREASONABLE SAY A GAS LINE WAS PUT IN
AND THEN FOUR YEARS LATER A SUBDIVISION IS PLATTED AND ELECTRIC
SERVICE IS REOUlRED, UNDER THIS PROVISION THE ELECTRIC SERVICE
COULD NOT BE PUT IN BECAUSE SOME OTHER UTILITY OR FIRM USED THE
RIGHT OF WAY FOUR YEARS EARLIER)
(e) To any Person who has failed within the past three (3) years to comply, or
is presently not in full compliance, with the requirements of this Article;(A
ONE TIME MINOR PROBLEM SHOULD NOT MEAN A FIRM CANT DO
ANYTHING FOR THREE MORE YEARS
(f) To any Person as to whom there exists grounds for the revocation of a
Permit under Section 22; and
(g) If, in the sole discretion of the City, the issuance of a Permit for the
particular date and/or time would cause a conflict or interfere with an
exhibition, celebration, festival, or any other event. The City, in
exercising this discretion, shall be guided by the safety and convenience of
ordinary travel of the public over the Right of WayRlGHT-OF-W A Y, and
by considerations relating to the public health, safety and welfare.(DO YOU
WANT TO HOLD UP A GAS LINE TO A NEW AREA BECAUSE A FESTIVAL IS
COMING UP IN TWO WEEKS AND WORK WOULD BE IN THAT AREA A T THAT
TIME? I DON'T THINK SO
Subd. 2. Permissive Denial. The City may deny a Permit in order to protect the
public health, safety and welfare, to protect interference with the safety and convenience
of ordinary travel over the Right of WayRlGHT-OF-WA Y, or when necessary to protect
the Right of WayRlGHT-OF-W A Y and its users. The City may consider one or more of
the following factors:
(a) the extent to which Rigat ef 'Nayright-of-wav space where the Permit is sought is
available;
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(b) the competing demands for the particular space in the Right af
WayRlGHT-OF-W A Y;
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(c) the availability of other locations in the Right of Wayright-of-way or in other
Rights- of-Way for the Equipment of the Permit Applicant;
(d) the applicability of ordinance or other regulations of the Right sf Wayright-of-
way that affect location of Equipment in the Right Elf WayRIGHT-OF-
WAY;
(e) the degree of compliance (WHAT CRITERIA DO WE USE HERE?)of
the Applicant with the terms and conditions of its franchise; if any, this
Article, and other applicable ordinances and regulations;
(f) the degree of disruption to surrounding communities and businesses that
will result from the use of that part of the Right sf Wa-yRIGHT-OF-
WAY;( HOW WILL THIS DISRUPTION BE CALCULATED - HOW DO YOU
BALANCE DISRUPTION AGAINST THE BENEFIT TO THE PUBLIC - VERY
BROAD DISCRETION HER TO THE CITY)
(g) the condition and age of the Right Elf WayRIGHT-OF-WA Y, and whether
and when it is scheduled for total or partial reconstruction; and
"
(h) the balancing of the costs of disruption to the public and damage to the
Right sf WayRIGHT-OF-W A Y, against the benefits to that part of the
public served by the expansion into additional parts of the Right ef
WayRIGHT-OF-WAY.
Subd. 3. Discretionary Issuance. Notwithstanding the provisions of Section 17,
Subd. l(c), and (d) above, the City may issue a Permit in any case where the Permit is
necessary (a) to prevent substantial economic hardship to a customer of the Permit
Applicant, or (b) to allow such customer to materially improve its Utility Service, or (c)
to allow a new economic development project; and where the Permit Applicant did not
have knowledge of the hardship, the plans for improvement of Service, or the
development project when said Applicant was required to submit its list of Next-year
Projects. (A WIDE OPEN DOOR FOR LAST MINUTE CHANGES - NEED
SOMETHING LIKE THIS. BUT WE SHOULD PERHAPS LOOK AT OTHER
LANGUAGE OR WAYS TO MEET THIS PROBLEM)
Subd. 4. Permits for Additional Next-year Projects. Notwithstanding the
provisions of Section 17, Subd. 1 (c) above, the City may issue a Permit to a Registrant
who was allowed under Section 18, Subd. 2 to submit an additional Next-year Project, or
in the event the Registrant demonstrates that it used commercially reasonable efforts to
anticipate and plan for the project, such Permit to be subject to all other conditions and
requirements oflaw, including such conditions as may be imposed under Section 11,
Subd. 2.
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Sec. 18.
Installation Requirements.
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In accordance with Minn. Stat. SS 237.162, Subd. 8(3); 237.163, Subd. 8; and the
Commission Rules, all work performed in the Rigfl.t of Wayright-of-way shall be done in
conformance with the "Standard Specifications for Street openings" as promulgated by
the City and at a location as may be required by Section 25, Subd. 2. The City may
enforce local standards pursuant to its inherent and historical police power authority, so
long as such standards do not impose greater requirements than those found in the
Commission Rules.
Sec. 19.
Inspection.
Subd. 1. When the work under any Permit hereunder is completed, the Permittee
shall notify the City.
Subd. 2. Permittee shall make the work-site available to the City Inspector and to
all others as authorized by law for inspection at all reasonable times during the execution
and upon completion of work.
Subd. 3. At the time of inspection the City Inspector may order the immediate
cessation of any work which poses a serious threat to the life, health, safety or well-being
of the public. The City Inspector may issue an order to the Registrant for any work which
does not conform to the applicable standards, conditions or codes. The order shall state
that failure to correct the violation will be cause for revocation of the Permit. Within ten
(10) days after issuance of the order, the Registrant shall present proofto the City that the
violation has been corrected. If such proof has not been presented within the required
time, the City may revoke the Permit pursuant to Section 22.
Sec. 20.
Work Done Without a Permit.
Subd. 1.
Emergency Situations,
Each registrant shall immediately notify the City or the City's designee of any event
regarding its Equipmem: ',yfl-ichEquipment. which it considers to be an Emergency. The
Registrant may proceed to take whatever actions are necessary in order to respond to the
Emergency. Within two (;?'J) business days after the occurrence of the Emergency, the
Registrant shall apply for the necessary Permits, pay the fees associated therewith and
fulfill the rest of the requirements necessary to bring itself into compliance with this
Article for the actions it took in response to the Emergency.
In the event that the City becomes aware of an Emergency regarding a Registrant's
Equipment, the City ffiay WILL -attempt to contact the Local Representative of each
Registrant affected, or potentially affected, by the Emergency. In any event, the City may
'\ take whatever action it deems necessary in order to respond to the emergency, the cost of
J which shall be bome by the Registrant whose Equipment occasioned the Emergency.
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Subd. 2.
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Non-Emergency Situations.
Except in the case of an Emergency, any Person who, without first having obtained the
necessary Permit, Obstructs or Evacuate a Right of Wa-yright-of-way must subsequently
obtain a Permit, pay double the normal fee for said Permit, pay double all the other fees
required by City ordinance, including, but not limited to, criminal fines and penalties,
deposit with the City the fees necessary to correct any damage to the Right Elf Wa-yright-
of-wav and comply with all of the requirements of this Article.(SINCE THIS -
ORDINANCE IS ONLY TO RECOVER OUR COSTS AND INSURE THE R-O- W IS
HANDLED PROPERLY. HOW LEGAL IS IT TO IMPOSE DOUBLE FEES?
Sec. 21.
Supplementarv Notification,
If the Obstruction or Evacuation of the Right Elf Wayright-of-way begins later or ends
sooner than the date given on the Permit, Permittee shall notify the City of the accurate
information as soon as this information is known.
Sec. 22.
Revocation of Permits.
Subd. 1. Registrants hold Permits issued pursuant to this Code as a privilege and
not as a right. The City reserves its right, as provided herein and in accordance with
Minn. Stat. S 237.163, Subd. 4, to revoke any Right of Wa-yright-of-way Permitpermit,
without fee refund, in the event of a substantial breach of the terms and conditions of any
statute, ordinance, rule or regulation, or any condition of the Permit. A substantial breach
by Permittee shall include, but shall not be limited to, the following:
(a)
Permit;
(b)
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The violation of any material provision ofthe Right of \Vayright-of-way
(c)
An evasion or attempt to evade any material provision of the Right-of-
Way Permit, or the perpetration or attempt to perpetrate any fraud or
deceit upon the City or its citizens;
Any material misrepresentation offact in the application for a Right-of-
Way Permit;
(d)
The failure to maintain the required bonds and/or insurance;
(e)
The failure to complete the work in a timely manner; or
(f)
The failure to correct a condition indicated on an order issued pursuant to
Section 19, Subd. 3.
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Subd. 2. If the City determines that the Permittee has committed a substantial
breach of a term or condition of any statute, ordinance, rule, regulation or any condition
of the Permit, the City shall make a written demand upon the Permittee to remedy such
violation. The demand shall state that continued violations may be cause for revocation
of the Permit. Further, a substantial breach, as stated above, will allow the City, at the
City's discretion, to place additional or revised conditions on the Permit.
Subd. 3. Within tweet). fsl:H' (24) Rems THREE BUSINESS DAYS of receiving
notification of the breach, Permittee shall contact the City with a plan, acceptable to the
City Inspector, for its correction. Permittee's failure to so contact the City Inspector, the
Permittee's failure to submit an acceptable ~plan or the Permittee's failure to
reasonable implement the approved plan shall be cause for immediate revocation ofthe
Permit. Further, Permittee's failure to so contact the City Inspector, or the Permittee's
failure to submit ansubmit an acceptable plan, or Permittee's failure to reasonably
implement the approved plan shall automatically place the Permittee on Probation for one
(1) full year.
Subd. 4. From time to time, the City may establish a list of conditions of the Permit
which, if breached, will automatically place the Permittee on Probation for one (1) full
year, such as, but not limited to, working out of the allotted time period or working on
Rigflt sf Wayright-of-wav outside of the Permit.
Subd. 5. If a Permittee, while on Probation, commits a breach as outlined above,
Permittee's Permit will automatically be revoked and Permittee will not be allowed
further permits for one (1) full year, except for Emergency repairs.
Subd. 6. If a permit is revoked, the Permittee shall also reimburse the City for the
City's reasonable costs, including Restoration costs and the costs of collection and
reasonable attorneys' fees incurred in connection with such revocation.
Sec. 23. Appeals.
Subd. 1.
A Person that:
(a) has been denied Registration
(b) has been denied a Right ef Wayright-of-wav Permit;
(c) has had its Right ef Wa)'right-of-wav Permit revoked; or
(d) believes that the fees imposed on the user by the City do not
conform to the requirements oflaw,
(E) believes that conditions imposed are arbitrary or capricious
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may have the denial, revocation, or fee imposition reviewed, upon written request, by the
City Council. The City Council shall act on a timely written request at its next regularly
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scheduled meeting. A decision by the City Council affirming the aenial., revoeatioR, or
fee ilBflositien IN Its DETERMINATION OF THE MATTER must be in wfitiag afld
supported by written findings establishing the reasonableness of the decision.
Subd. 2. Upon affirmation by the City Council of the denial, revocation, or fee
imposition, the Right of Wa-yright-of-wav user shall have the right to have the matter
resolved by binding arbitration. Binding arbitration must be before an arbitrator agreed to
by both the City and the Person. If the parties cannot agree on an arbitrator, the matter
must be resolved by a three-person arbitration panel made up of one arbitrator selected by
the City, one arbitrator selected by the Person, and one arbitrator selected by the other
two arbitrators. The costs and fees of a single arbitrator shall be borne equally by the city
and the Person. In the event there is a thin! arbitratorARE THREE ARBITRATORS,
each party shall bear the expense of its own arbitrator and shall jointly and equally bear
with the other party the expense of the third arbitrator and of the arbitration.
Subd. 3. Each party to the arbitration shall pay its own costs, disbursements, and
attorney fees.
Sec. 24. Mapping Data.
"
Subd. 1. Except as provided in Subd. 2 of this Section, each Registrant shall
provide as a part of its Permit Applicant the following information:
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(a) Location and approximate depth of Applicant's mains, cables, conduits,
switches, and related equipment and facilities with the location based on:
(i) offsets from the property lines, distances from the centerline to the
public Right ef Wa-yright-of-wav, and curb lines as determined by
the City. (THIS COULD REOUlRE EXTENSIVE SURVEY WORK WHICH
WOULD SUBST ANTI ALL Y INCREASE THE COST AND THE LENGTH OF A
PROJECT)
(ii) Coordinates derived from the coordinates system being used by the
City or (YOU DO THIS FOR EACH POWER POLE?
(iii) Any other system agreed upon by the Applicant and the City.
(b) Type and size of the utility facility.
(c) Description showing above ground appurtenances.
(d) A legend explaining symbols, characters, abbreviations, scale and other
data shown on the map; and
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(e)
Any facilities to be abandoned, if applicable, in conformance with Minn.
Stat. S 216D.04, Subd. 3.
The Applicant shall provide the City information Mapping Data shall be provided with
specificity and in the format requested by the City for inclusion in the mapping system
used by the City. If such format is different from what is currently utilized and
maintained by the Registration, the Registrant may provide such information in the
format that they currently are utilizing. The Permit application fee may include the cost
to convert the data furnished by the Applicant to a format currently in use by the City~:.i.
THIS COULD BE A HUGE COST FOR CONVERSION. ANY CHANGES IN THE
CITY WOULD PROBABL Y HAVE TO BE UPDATED EACH YEAR AND A
RECURRING CONVERSION COST COULD BE OUITE HIGH
Subd. 2. Information regarding Equipment of Telecommunications Right of
Wayright-of-way Users constructed or located prior to May 10, 1997, need only be
supplied in the form maintained, however, all Telecommunications Right Elf Way right-
of-way Users must submit some type of documentary evidence regarding the location of
Equipment within the Rights-of-Way of the City.
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Subd. 3. At the request of any Registrant, any information requested by the City,
which qualifies as a "trade-secret" under Minn. Stat. S 13.37 (b) shall be treated as trade
secret information as detailed therein. With respect to the provision of Mapping Data, the
City may consider unique circumstances from time to time required to obtain mapping
Data.WHAT DOES THIS LAST SENTENCE MEAN?
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Sec. 25.
Location of Equipment.
Subd. 1. Undergrounding. Unless otherwise permitted by an existing franchise or
Minnesota statue 216B.34, or unless existing above-ground ~quipment is repaired or
replaced, or unless infeasible OR FOR ECONOMIC CONSIDERATIONS. such as in
the provision of electric service at certain voltages, new construction, the installation of
new ~quipment, and the replacement of old ~quipment shall be done underground or
contained within buildings or other structures in conformity with applicable codes unless
otherwise agreed to by the City in writing, and such agreement is reflected in applicable
Permits.
Subd. 2. High Density Corridor. The City may assign specific high density
corridors within the Right of Way right-of-way or any particular segment therefore as
may be necessary for each type of equipment that is or, pursuant to current technology,
the City expects will someday be located within the Right of WayRIGHT-OF-W A Y,
Excavation, Obstruction, or other Permits issued by the city involving the installation or
replacement of Equipment may designate the proper corridor for the equipment at issue
and such Equipment must be located accordingly.
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In the event the City desires to establish a high eeRsityhigh-density corridor, it shall
include the elements required in Commission Rule 781.90200.
Any Registrant whose Equipment is located prior to enactment of this Article in the
Right of Way right-Of-way in a position at variance with the corridors established by the
City shall, no later than at the time of the next reconstruction or E)(ea-yatiofl of the area
where its Equipment is located, move that Equipment to its assigned position within the
Right of WayRIGHT-OF-W A Y, unless this requirement is waived by the City for good
cause shown, upon consideration of such factors as the remaining economic life of the
facilities, public safety, customer service needs and hardship to the Registrant.
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Subd. 3. Nuisance. One year after the passage of this ordinance, any equipment
found in a Right of Way right-of-wav that has not been registered registered) DOES
THIS MEAN NOT LOCATED ON THE MAPPING DATA SUPPLIED TO THE
CITY?shall be deemed to be a nuisance. The City may exercise any remedies or rights it
has at law or in equity, including, but not limited to, abating the nuisance or takiRg
possession oft.he EE}:uifJffieRt and restoring the Right Elf WfXJ' right-of-way to a useable
condition.
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Subd. 4. Limitation of Space. To protect health, safety and welfare, the City shall
have the power to prohibit or limit the placement of new or additional Equipment within
the Right ef Way right-of-wav if there is insufficient space to accommodate all of the
requests of Registrants or Persons to occupy and use the Right sf Wa-yRIGHT-OF-W A Y.
In making such decisions, the City shall strive to the extent possible to accommodate all
existing and potential users of the Right sf Wa-yRIGHT-OF-WA Y, but shall be guided
primarily by considerations of the public interest, the public's needs for the particular
Service, the condition of the Right Elf WayRIGHT-OF-WA Y, the time of year with
respect to essential utilities, the protection of existing Equipment in the Right sf
WayRIGHT-OF-W A Y, and future City plans for public improvements and development
projects which have been determined to be in the public interest.
Sec. 26.
Relocation of Equipment.
The Person must promptly and at its own expense, with due regard for seasonal working
conditions, permanently remove and relocate its Equipment and facilities in the Right of
Way right-of-way whenever the City requests such removal and relocation, and shall
restore the Right Elf Way right-of-way to the same condition it was in prior to said
removal or relocation. The City may ta*e MAKE-=such requests in order to prevent
interference by the Company's Equipment or facilities with (i) a present or futHfe City
use of the Right of Way right-of-way for a public project, (ii) the public health or safety;
(iii) the safety ane eow:eRieRee or travel oyer the Right ef Way.The City shall pay all
costs for moves not associated with substantial City proiects within the right-of-way
within the next six months.
Sec. 27. Pre-Excavation Equipment Location.
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In addition to complying with the requirements of Minn. Stat. S S 216DooOI-09 ("One
Call Excavation Notice System") before the start date of any Right of Way right-of-way
Excavation, each Registrant who has Equipment located in the area to be
E)(ea?:atedexcavated shall mark the horizontal and approximate vertical placement of all
said EquipmenUDO YOU WANT TO KNOW HOW HIGH EACH UTILITY POLE
IS?) Any Registrant whose Equipment is less than twenty (20) inches below a concrete
or asphalt surface shall notify and work closely with the Excavation contractor in an
effort to establish the exact location of its Equipment and the best procedures for
Excavation.
Sec. 28.
Damage to Other Equipment.
When the City does work in the Right of WaJ' right-of-wav and finds it necessary to
ma-lBtain, support or move a Registrant's facilities to protect it, the City shall notify the
Local Representative as early as is reasonably possible. Should the Registrant fail to
respond in a timelv manner to move or support the facility in question The costs
associated therewith with the City moving or supporting the facility will be billed to the
Registrant and must be paid within thirty (30) days from the date of billing.
Each Registrant shall be responsible for the cost of repairing any facilities in the Right of
Wayright-of-wav which it or its facilities damages. Eaeh Registrant shall be respoBsible
f-or the eost or repairing any aamage to the faeilities of lffiotaer Registrant eaHsed auring
the City's response to lffi EmergeHey oeeasioRed by tRe Registrlffit's [aeilities.
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Sec. 29.
Ric:ht of WavRight-of-wav Vacation.
Subd. 1. Ifthe City vacates a RigRt of Wayright-of-way which contains the
facilities of a Registrant, the registrant's rights in the vacated right-of-way are governed
by Minnesota Rules 7819.3200.
Subd. 2. If the vacation requires the relocation of Registrant or Permittee
Equipment and: (a) if the vacation proceedings are initiated by the Registrant or
Permittee, the Registrant of Permittee must pay the relocation costs; or (b) if the vacation
proceedings are initiated by a Person or Persons other than the Registrant or Permittee,
such other Person or Persons must pay the relocation costs.
Sec. 30.
Indemnification and Liability.
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Subd. 1. By reason of the acceptance of a registration or the grant of a RigRt of
Wayright-of-way Permit, the City does not assume any liability: (a) for injuries to
Persons, damage to property, or loss of Service claims by parties other than the Registrant
or the City; or (b) for claims or penalties or any sort resulting from the installation,
presence, maintenance, or operation of Equipment by Registrants or activities of
Registrants.
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Subd. 2. By registering with the City, or by accepting a Permit under this
Ordinance, a Registrant or Permittee agrees to defend and indemnify the City in
accordance with the provisions of Minnesota Rules 7819.1250.
Sec. 31. Future Uses.
In placing any Equipment, or allowing it to be placed, in the Right of Wayright-of-wav
the City is not liable for any damages caused thereby to any Registrant's Equipment
which is already in place. No Registrant is entitled to rely on the provisions of this
Article, and no special duty is created as to any Registrant. This Article is enacted to
protect the general health, welfare and safety of the public at large,(EXAMPLE: IF A
CITY TRUCK HITS A POLE, THE CITY SHOULD BE RESPONSIBLE)
Sec. 32.
Abandoned and Unusable Equipment.
Subd. 1. A Registrant who has determined to discontinue its operations with respect
to any Equipment in any Right of Wayright-of-wav, or segment or portion thereof, in the
City must either.
(a)
Provide information satisfactory to the City that the Registrant's
obligations for its Equipment in the Right of Wayright-of-wav
Article have been lawfully asswned by another
under this
Registrant; or
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(b)
Submit to the City a proposal and instruments for transferring
ownership of its Equipment to the City. If a Registrant proceeds
under this clause, the City may, at its option:
(1) purchase the Equipment, or
(2) require the Registrant, at its own expense, to remove it, or
(3) require the Ref;istrant to post an additional bona sr an
inereased bond amoUflt sl:IffieielTt to reimlnme the CitJ. of
rea3Elnably antieipated eosts to 8e ineurred in remoying the
Eql:lipmeFlt.
Subd. 2. Equipment of a Registrant 'I.'hieh fails tEl eomply with the preeediRf;
paragraph and whieh, fer twe (2) years, remains um-wed. which. for two (2) vears.
remains unused. shall be deemed to be abandoned. Abandoned Equipment is deemed to
be a nuisance. The City may exercise any remedies or rights it has at law or in equity,
including, but not limited to, (i) abating the nuisance, (ii) taking possession of the
Equipment and restoring it to a useable condition, (iii) requiring removal of the
Equipment by the Registrant or by the Registrant's surety; or (iv) exercising its rights
pursuant to the Performance and Restoration Bond.
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Subd. 3. Any Registrant who has unusable Equipment in any Right of Wa)Tight-
of-way shall remove it from the Right of Wa)'right-of-way during the next scheduled
Excavation, unless this requirement is waived by the City.
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Sec. 33.
Reservation of Regulatory and Police Powers.
The City by the granting of a Right of Wayright-of-wav Permit, or by registering, a
Person under this Article does not surrender or to any extent lose, waive, impair, or lessen
the lawful powers and rights, which it has now or may be hereafter vested in the City
under Construction and statutes of the State of Minnesota or the Charter of the City to
regulate the use of the Right sf Wayright-of-way by the Permittee; and the Permittee by
its acceptance ofa Right of Wa)'right-of-way Permit or of registration under those
ordinances agrees that all lawful powers and rights, regulatory power, or police power, or
otherwise as are or the same may be from time to time vested in or reserved to the City,
shall be in full force and effect and subject to the exercise thereof by the City at any time.
A Permittee or Registrant is deemed to acknowledge that its rights are subject to the
regulatory and police powers of the City to adopt and enforce general ordinances
necessary to the safety and welfare of the public deemed to agree to comply with all
applicable general laws and ordinances enacted by the City pursuant to such powers.
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Any conflict between the provisions of a registration or of a Right sf Wayright-of-way
Permit and any other present or future exercise of the City's regulatory or police powers
shall be resolved in favor of the latter.
Sec. 34.
Severability.
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If any Section, subsection, sentence, clause, phrase, or portion of this Article is for any
reason held invalid or unconstitutional by any court or administrative agency of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the remaining portions thereof.
If a regulatory body or a court of competent jurisdiction should determine by a final, non-
appealable order that any Permit, right or registration issued under this Article or any
portion of this Article is illegal or unenforceable, then any such Permit, right or
registration granted or deemed to exist thereunder shall be considered as a revocable
Permit with a mutual right in either party to terminate without cause upon giving sixty
(60) days written notice to the other. The requirements and conditions of such a
revocable Permit shall be the same requirements and conditions as set forth in the Permit,
right or registration, respectively, except for conditions relating to the term of the Permit
and the right of termination. If a Permit, right or registration shall be considered a
revocable permit as provided herein, the Permittee must acknowledge the authority of the
City Council to issue such revocable permit and the power to revoke it. Nothing in this
Article precludes the City from requiring a franchise agreement with the Applicant, as
allowed by law, in addition to requirements set forth herein.
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Sec. 35,
Non-Exclusive Remedy.
The remedies provided in this Article and other Articles in the City Code are not
exclusive or in lieu of other rights and remedies that the City may have at law or in
equity. The City is hereby authorized to seek legal and equitable relieffor actual or
threatened injury to the public Right sf Wayright-of-way, including damages to the
Rights-of-Way, whether or not caused by a violation of any of the provisions ofthis
Article or other provisions of the City.
Sec. 36,
Effective Date.
This ordinance shall become effective January 1,2000.
Adopted by the City Council on this
day of
,1999.
ATTEST:
CITY OF ANDOVER:
Victoria Volk, City Clerk
J.E. McKelvey, Mayor
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General comments: it would be extremely dangerous for city workers to attempt to move.
support or modify any electrical or gas facility within the city. This requires special
equipment and expertise to do so. The provision allowing the city to do this work should
really be deleted as a matter of personal safety to our emplovees and as a liability issue
for the City.
( WE NEED TO REVIEW THE FEE SCHEDULE, WHICH APPEARS TO BE VERY
HIGH AND RECOVERS MORE THAN JUST THE CITY COSTS)
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" Special Andover City Council Meeting
...' Minutes - November 9, 1999
Page 3
(Personnel Placements, Continued)
No formal action was taken this evening on the contract, as the Council wanted to see the specific
dollar impact to the budget relating to proposed salaries.
RIGHT-OF-WAY ORDINANCE NO. 247
The Council did not feel there was enough time this evening to thoroughly review the proposed
ordinance, but Councilmember Jacobson strongly urged the others to read the proposal plus his,
comments. He felt there are many problems with it as written, plus the fee schedule is very rigorous.
This would also apply to the City and has the potential of generating a lot of expenses. The City
can't charge any more than it costs, but he felt the proposed fees are excessive. The ordinance was
originally written for cable TV companies. While he felt a right-of-way management ordinance
should be in place, he also urged the Council to discuss the proposed one further, feeling it is more
negative than positive. He specifically pointed out concems with the inability of one utility to work
in the right of way for five years after other utility work has been done, that this would apply to any
tangible items located in the right of way, the high cost of digging holes within the right of way and
j the inability to park in the street while working on utilities within the boulevard, just to name a few.
It was the Council's decision that there is no rush to have this ordinance in place, and possibly it may
be advantageous to wait until more cities have adopted similar ordinances. In the mean time, they
proposed the City Attorney review the ordinance and comment on it.
Motion by Knight, Seconded by Johnson, to refer the item with Don's (CounciJmember Jacobson's)
comments to Bill (Hawkins, City Attorney) for perusal. Motion carried unanimously.
OTHER BUSINESS
Schedule end-of year review/City Administrator - The Council agreed to schedule a year-end review
of the City Administrator for the special meeting scheduled for December 14, 1999.
Snowmobile Trail Association meeting - Councilmember Johnson reported on the proposed east-
west. north-south snowmobile trail corridors being proposed by the Snowmobile Trail Association.
Those recommendations will be forwarded to the Snowmobile Task Force which is meeting
tomorrow evening. They have been working with private land o'Wners to obtain these routes. She
asked for the Council's input.
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The Council noted the intent is to hold an informational meeting with adjacent landowners to let
them know what is being proposed and to receive their input. It was felt there will be people
opposing the trail going west of Round Lake, then up Seventh A venue. Another concern was the
use of Round Lake for snowmobiling, as it may be a draw from other cities and for racing, especially
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Staff, Committees, Commissions
Planning
Jeff Johnson
ITEM NO.
Approve Resolution Setting Fees for Park Dedication
ii k~eu of Land for Year 2000
ReQuest
The City Council at their December 16, 1999 Special City Council meeting reviewed the fees for park
dedication in lieu of land for the year 2000. The attached resolution reflects an increase to $1300 per
unit. These fees shall go into effect January 1,2000 and shall be paid prior to the final plat being
recorded at the County.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.
A RESOLUTION SETTING FEES FOR CASH IN LIEU OF LAND
DEDICATION (PARK LAND).
The City Council of the City of Andover hereby resolves:
Cash in Lieu of Land Dedication <Residential)
Single Family Residence
Town Home and Twin Home
Apartment (Multi-Family)
Lot Splits
$1,300 per unit
$1,300 per unit
$1,300 per unit
$1,300 per unit
These fees shall be effective January 1,2000 and shall be paid prior to the final
plat being recorded at the County.
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Adopted by the City Council ofthe City of Andover on this 21st day of December,
1999.
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ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
J. E. McKelvey, Mayor
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December 21. 1999
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions ~~
Todd Haas, ~
ITEM NO. Engineering
Approve Resolution Setting Trail Fees for the Year 2000
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The City Council is requested to approve the resolution setting trail fees for the year 2000 as
recommended by the Park and Recreation Commission.
The fee that was established on April 20, 1999 (Res. No. 097-99 that was approved by the
City Council) was $300 per unit for residential.
The Park and Recreation Commission is recommending to increase the fee to $350 for the
year 2000. The Commercialllndustrial trail fee requirement is proposed not to change.
, Attached are Park and Recreation Commission meeting minutes from December 2, 1999.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION SETTING FEES FOR TRAILS IN COMMERCIAUINDUSTRIAL
AND RESIDENTIAL DEVELOPMENTS.
The City Council of the City of Andover hereby resolves:
Trail Fee (Commercialllndustrial)
The developer is responsible for 100% of the cost of the adjacent trail if the trail is
proposed as part of the adopted comprehensive plan.
Trail Fee (Residential)
Single Family Residence
Townhome, Twin home, Multi-Family
and Lot Splits
$350 per unit
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These fees shall be effective January 1, 2000 and shall be paid prior to the final
plat being recorded at the County.
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Adopted by the City Council of the City of Andover this
December, 1999.
21st day of
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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Regular Andover Park and Recreation Commission Aleeting
"linutes - December 2, 1999
Page (5
RECOMMEND TRA1L FEES FOR Y2K
Chairperson Blackstad stated that the Park and Recreation Commission is requested to
recommend approving the resolution setting fees for trails in commercial/industrial and
residential developments for the year 2000.
Consensus was to increase the trail fee to $350.
Motion by O'Toole, seconded by Anderson, to recommend approving the resolution setting fees
for trails in commercial/industrial and residential developments for the year 2000. Motion'
carried on 5 - ayes, 0 - nays, 2 - absent (Grabowski and Kieffer), and 0 - present vote.
REVIEW ISSUES LIST
Mr. Blackstad reviewed the items on the issues list.
CHAIRi.l1AN'S REPORT
None.
ADJOURNMENT
Motion by Anderson, seconded by O'Toole, to adjourn. Motion carried unanimously. The
meeting adjourned at 8:45 p.m.
Respectfully submitted,
Nand Libor, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Staff, Committees, Commissions
Administration
Richard Fursman
ITEM NO.
Schedule Administrator Review
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REQUEST:
The City Council is requested to reschedule a review of the City Adminstrator. The entire council was
unavailable on December 14, when originally planned. I suggest Tuesday, December 28th at 7PM.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December21,1999
AGENDA SECTION
Staff, Committees, Commissions
ORIGINATING DEPARTMENT
ITEM NO.
Set City Council Workshop Date
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Scott Erickson,~
Engineering
The City Council is requested to set a workshop date in January to discuss the following:
. Hamilton Square AssessmenU97-26A
. Multiple Housing Policy
. Water Quality
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
City Clerk ~.D)Y
Non-Discussion
ITEM NO.
Adopt Fee Schedules for 2000
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Attached are three resolutions adopting fees for the year 2000.
Resolution #1 shows the current fee and the proposed fee for 2000.
Resolution #2 - No changes are proposed.
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Resolution #3 - The fee for special assessment searches has been increased from
$12.00 to $20.00.
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Council is requested to adopt the three resolutions as presented.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO.R
A RESOLUTION SETTING FEES FOR PERMITS, REZONINGS, SPECIAL USE PERMITS,
V ARIANCES, PLATTING, LICENSE FEES, LOT SPLITS, RENTAL FEES AND VARIOUS
OTHER FEES.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
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The following fees are hereby established for the year 2000:
Type of Fee 1999 Fee 2000 Fee Ordinance
Rezoning 275.00 300.00 8
(includes labels)
Mailing Labels 25.00
Public Notification Sign -0- 25.00
Recording fee for rezoning:
Abstract Property 25.00 25.00
Torrens Property 40.00 40.00
Special Use Permit 8
Commercial 225.00 250.00
(includes labels)
Mailing Labels 25.00
Residential 175.00 200.00
(includes labels)
Mailing Labels 25.00
Amended SUP 125.00 150.00
(includes labels)
Mailing Labels 25.00
Public Notification Sign -0- 25.00
Recording Fee/SUP
Abstract 25.00 25.00
Torrens 40.00 40.00
Commercial Site Plan Review 750.00 850.00 8
Comprehensive Plan Amend. 325.00 400.00 8
(includes labels)
Mailing Labels 25.00
Public Notification Sign -0- 25.00
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Type of Fee 1999 Fee 2000 Fee Ordinance
Demolition Permits 8
'\ Single Family Structures 30.00 30.00
i Two Family Structures 40.00 40,00
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Single/Doub1e Garages 10.00 10.00
Bams 10.00 10.00
Multiple Family Structures
First Two Units 40.00 40.00
Each Additional Unit 10.00 10.00
Commercial Units-Min. Fee 10.00 10.00
($2.00/$100 demolition cost)
Street Opening Permit 10.00 10.00 8
Special Home Occupation Permit 50.00 50.00 8
Variances 8
Single Family 100.00 125.00
Other Requests 125.00 150.00
Sign Permits 1.00/sq. ft.lside 1.00/sq. ft.lside 8
Erected Without Permit 3.00/sq. ft.lside 3.00/sq. ft.lside
Plat Fees 10
Pre. Plat Filing Fee 85.00 275.00
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Mailing Labels 25.00
Pre. Plat Per Acre Fee 22.00 25.00
Final Plat Fee 20.00 100.00
Plat Escrow Deposit
Per Urban Lot 150.00 200.00
Per Rural Lot 500.00 550.00
Public Notification Sign -0- 25.00
Contractor Licenses 22
Contractor Verification Fee 5.00 5.00
Contractor License 25.00 25.00
Sewer Availability Charge 1,050.00 1,100.00 32
Lot Split Fee 40
Lot Split 125.00 150.00
(includes labels)
Mailing Labels 25.00
Public Notification Sign -0- 25,00
Administrative Lot Split -0- 25.00
Recording Fee
, Abstract 25.00 25.00
/ 40.00 40.00
Torrens
2
Type of Fee 1999 Fee 2000 Fee Ordinance
Fire Hydrant Use Meter Cost (deposit) Meter Cost (deposit) 55
+ Standard Water + Standard Water
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Garbage Hauler License 50.00/yr. + 50.00/yr + 25.00/truck 102
25.00/truck
Pawnbroker License 104
New 5,000/year 5,000/yr
Renewal 5,000/year 5,000/yr
Therapeutic Massage Est. 110
Single Application Fee 200.00 200.00
Corporate Application Fee 300.00 300.00
Partnership Application Fee 300.00 300.00
Renewal Fee 150.00 150.00
Massage Therapist 110
Annual License Fee 150.00 150.00
Planned Unit Development 225.00 250.00 112
(includes labels)
Mailing Labels 25.00
" Towers & Antennas 225.00 250.00 113
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(includes labels)
Mailing Labels 25.00
Moving of Buildings 200
Up to 350 square feet 15.00 15.00
351 to 600 square feet 25.00 25.00
601 to 824 square feet 50.00 50.00
825 square feet & over 75,00 75.00
Boarding of Horses 207
Boarding 10.00 per day 10.00 per day
Impoundment of Horses 25.001hr/person 25.001hr/person
Transportation (Trailer Rental) 40.00 40.00
Stable Fee 3.00 3.00
Non-Intoxicating Liquor 213
Off-Sale 40.00 per yr 75.00 per yr
On-Sale 200.00 per yr 200.00 per yr
Tree Trimmer License 214
License Fee 25.00 per yr 25.00 per yr
, Plan Check Fee for Trees 60.00 60.00
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Adult Use Business License 7,500.00 per yr 7,500.00 per yr 222
3
Type of Fee 1999 Fee 2000 Fee Ordinance
Junkyard License 226
License 200.00 200.00
\ First Reinspection Fee
, ) 150.00 150.00
Second Reinspection Fee 200.00 200.00
Third Reinspection Fee 250.00 250.00
Tabacco License 75.00 75.00 227
Outdoor Party License 5.00 5.00 232
Delivery of Barricades -0- 25.00
Dog License 233
One Year License 2.50 3.00
Two Year License 5.00 6.00
Commercial Kennel 150.00 250.00
(includes labels)
Mailing Labels 25.00
Recording Fee:
Abstract Property 25.00 25.00
Torrens Property 40.00 40.00
Renewal 25.00 25.00
Private Kennel 25.00 50.00
(includes labels)
Mailing Labels 25.00
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Intoxicating Liquor 235
On-Sale Liquor 4,000.00/yr 4,000.00/yr
On-Sale Wine 500.00/yr 500.00/yr
On-Sale Sunday 200.00/yr 200.00/yr
Off-Sale Liquor 200.00/yr 200.00/yr
Fire 237
Copy of Fire/EMS Inc. Report 20.00 20,00
Bldg. Reinspection Fees 42.001hr. 42.00/hour
Burning Permits 20.00 20.00
Fire & Pyrotechnics Special Effects 250.00 250.00
Home Occupation Inspect. 42.00/hour 42.00/hour
Other Inspect. as Requested 42.00/hour 42.00/hour
Permits outlined in Article 1 25.00 25.00
1997 UFC
Special Investigation as Requested 42.00/hour 42.00/hour
Transient Merchant Lie. 50.00 per 6 months 50.00 invest. fee 250
False Alarm Fine 75.00 75.00 256
, Rental Housing License 50.00/unit 50.00/unit 266
/
(Exc. owner occup) (Exc. owner occup)
Reinspection Fee Per Call 30.00 30.00
4
Adopted by the City Council of the City of Andover this 21 st day of December, 1999.
Attest:
CITY OF ANDOVER
)
I.E. McKelvey - Mayor
Victoria Volk - City Clerk
mharlresolulions\2fee2000,doc
revised 12/17/99
/
5
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
r)
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RES. NO.
A RESOLUTION ESTABLISHING PERMIT FEES AND SERVICE CHARGES TO BE COLLECTED BY
THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
The following permit fees and service charges are hereby established for the year 2000.
Type of Permit
Fee
"
Certificate of Occupancy
Plan ChecklResidential
Plan Check/Trees
Heating Installations
Air Conditioning Installations
Plumbing (Per Opening)
Minimum Fee
On-Site Septic System Installation
Sanitary Sewer Installation
Septic System Pumping
Water Installation (Public)
Agricultural Building
Footing to Grade
Health Authority Certification
Escrow Inspection Fee
Building Reinspection Fee
Grading Inspection Fee
First Inspection
Second Inspection
Third Inspection
Fourth Inspection
Fifth & Above
Gas Fireplace Permit
$ 4.00
65% of permit fee
$60.00
$25.00
$15.00
$ 8.00
$15.00
$35.00
$40.00
$ 3.00
$50.00
$ 5.00
$15.00
$ 5.00
$25.00
$42.00
/
No Charge
No Charge
$35.00
$75.00
$100.00 each
$40.00 per unit
The permit fee schedule for the Building Department for 2000 shall be as follows:
1. State of Minnesota Building Valuation Data, cost per square foot, dated February 1987.
2. Fees for Commercial Buildings shall be computed on the contract bid price. Plan check fee shall be 65%
of the permit fee.
3. Permit fee shall be based on the 1994 Uniform Building Code Schedule 1A.
The above fees apply to repairs and alterations requiring inspections as well as all new installations.
Adopted by the City Council of the City of Andover this 21st day of December 1999.
CITY OF ANDOVER
Attest:
J, E, McKelvey - Mayor
Victoria Volk - City Clerk
resolutionslfees2000
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO.R
A RESOLUTION ESTABLISHING SERVICE CHARGES TO BE COLLECTED IN 2000.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
The following service charges are hereby established for the year 2000:
Service
Charge
/
Well and Septic Locate
Special Assessment Searches
City Maps
Zoning Maps
Colored Zoning Map
Copies (per sheet)
Up to S-I/2 x 14
Oversize
IS" x 24"
24" x 36"
Larger sizes
Copies of Surveys
Upto11"xl7"
Requested by owner
Ordinance S
Ordinance 10
All other ordinances
Notary Fee
Bad check fee
Topographical Maps
Approval of Deeds
Abstract Property
Torrens Property
Maintenance Cost Recovery
Research by Staff
Administrative Fee
Removal of Sediment & Debris from Streets
30,00 per hour
20,00
2.00
3.50
15.00
,25
,50
2.50
3.00
6.00
5.00
1.00
25,00
1000
1.00
3.00
25.00
11,00 per acre
25,00
40,00
Union scale + 25%
25,00 per hr. (Min, $13.00)
25% of total labor charge
SO.OO / hour (min. 1/2 hour)
Adopted by the City Council of the City of Andover this 21 st day of December, 1999,
CITY OF ANDOVER
Attest:
J.E, McKelvey - Mayor
Victoria Volk - City Clerk
.'
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
City Clerk O,0)Y
Non-Discussion
ITEM NO.
Approve Non-Intox. On-Sale Liquor License/
I~. Tasty Pizza
The City Council is requested to approve the non-intoxicating on-sale liquor license for Tasty
Pizza, 13827 Round Lake Boulevard NW, for the year 2000.
The application has been received and the $200.00 fee has been paid.
./
,
)
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
'- - ./1
DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
N on-Discussion/Consent
Administration
FUchard Fursnnan
ITEM NO. 19.
Finalize 2000 Wage Adjustnnent
REQUEST:
/
The Council is requested to approve wage ranges for 2000 as presented in the 2000 budget. The wage
ranges reflect the direction of council to pay Andover staff in the "average range" of similar sized metro
cities.
The Council was provided an Andover staff census containing job descriptions, wage analysis and
graphics for each full-time position with the City of Andover. Each position classification has been
assigned a point value according to the State rating system for comparable worth.
Every position for the City has been adjusted for the 2000 budget to reflect the average pay for that
position in 1999 (+) plus 3%. (In summary: Andover pay for 2000 = {1999 average + 3%})
There is one exception: The administrator pay is set at the 1999 average, a 3% COLAfactor was not
added to this position.
For most positions, the increase in the step program means the individual actually goes backwards a step
or two to limit the increase. Each department head is identified in the booklet as an example of how the
system works.
If additional discussion and presentation material is requested, the item should be pulled from the
consent agenda.
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CITY OF ANDOVER
1999 Actual Versus 2000 Proposed
, 2000 Budget Process
~ I
Proposed
Position 2000 Increase
City Administrator $ 82,299 Step + 4.96%
City Clerk 49,772 4.85%
Finance Director 62,521 0,88%
Treasurer 54,246 3.87%
Accountant I 35,953 Step + 2.73%
Accounting Clerk 30,805 12.57%
Community Dev. Dir. 65,866 Step + 4.66%
Intermediate Planner 40,593 6.67%
Zoning Administrator 38,377 Step + 3.71%
City Engineer 68,267 5.87%
Assistant City Eng. 57,359 4.51%
Civil Engineer 47,757 Step + 6.00%
Engineer Tech IV 41,572 Step + 5.86%
General Clerk 23,588 Step + 20.08%
Building Official 55,396 4.96%
Building Inspector 42,985 Step + 3.32%
Fire Chief 59,421 Step + 3,72%
Secretary A 34,781 2.82%
Reception 12,323 Step + 5.26%
Public Works Super. 57,772 4.46%
/ Maintenance Super. 49,563 4.21%
\
/
9 :\data\staff\projects\2000bud\stanton\stepprog
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE:
December 2 1. 1 999
AGENDA SECTION
ORIGINATING DEPARTMENT
Finance
Jim Dickinson
Non-Discussion Items
ITEM NO.
Adont 2000 General Fund Bud2:et and 2000 Tax Lew
4().
Request:
The Andover City Council is requested to:
Adopt the attached resolution establishing the 2000 Property Tax Levy and the 2000 General
Fund Budget as presented to the citizens at the public hearing on November 30, 1999
Attached is an overall summary of the General Fund Budget. If additional detail is sought, please refer
, to the materials provided for the Truth In Taxation hearing or contact me at 767-5110.
, "
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
,
RES. NO
J
A RESOLUTION ADOPTING THE CITY OF ANDOVER 2000 PROPERTY TAX LEVY TO BE CERTIFIED TO
THE COUNTY AUDITOR.
WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and
WHEREAS, the City of Andover receives significant financial support from its residents through the payment
of property taxes; and
WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's
funds; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the
proposed 2000 property tax levy totaling $ 4,410,226, of which $ 3,819,433 is for general operating purposes and is
levied against all taxable property within the City of Andover, $21,430 is levied against property located within the
Lower Rum River Watershed District for the City of Andover's share of costs of this organization and $569,363 is for
the repayment of bonded indebtedness as follows:
1991 Fire Station Bonds
1999 Certificate ofIndebtedness
$ 299,363
$ 270.000
Total
$ 569.363
\ BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby adopts the 2000 General
"Fund budget as follows:
REVENUES
EXPENDITURES
Property Taxes
License and Permits
Intergovernmental Revenue
Charges for Current Services
Fines and Forfeits
Miscellaneous Revenue
Transfers
Total
$ 3,478,505
579,134
941,975
780,693
52,000
286,390
644.30 I
$ 6.762.998
General Government
Public Safety
Public Works
Other
$ 1,884,642
2,016,634
2,706,703
155.019
Total
$ 6.762.998
Adopted by the City of Andover this 21 st day of December, 1999.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey - Mayor
"Victoria Volk - City Clerk
STATE OF MINNESOTA)
)COUNTY OF ANOKA )
CITY OF ANDOVER )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do
hereby certify that I have carefully compared the attached Resolution No.
-99 adopting the 2000 Property
Tax Levy and the 2000 General Fund Budget with the original record thereof preserved in my office, and
have found the same to be true and correct transcript of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 21st day of December, 1999.
Victoria V olk - City Clerk
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CITY OF ANDOVER 11/29/992:09 PMREV-EXP.xLS
Budget Summary - General Operating Budget
Budget Year 2000
Actual Actual Actual Budget Budget
}
, W!6. 1m 1m 1999 2000
REVENUES
Property Taxes $ 2,180,470 $ 2,383,965 $ 2.804,065 $ 3,298,518 $ 3,478,505
Ucense and Permits $ 390.327 $ 456,413 $ 694,808 $ 456,821 $ 579.134
Intergovernmental Revenues $ 827.690 $ 988,814 $ 880,697 $ 961,917 $ 941.975
Charges for Current Services $ 447.198 $ 578,221 $ 1.018,441 $ 599,531 $ 780,693
Fines and Forfeits $ 57.125 $ 48,800 $ 48,923 $ 43,500 $ 52,000
Miscellaneous Revenue $ 180,601 $ 258,494 $ 360.738 $ 201,400 $ 286,390
Transfers $ 71,000 $ 317,200 $ 464,020 $ 949,423 $ 644,301
.:.:.:-:.:.;.:.:.:.:;:.:.:.;.:.:;.:.:;:.:.;.:.:.:.:.:.:::.;.;.:.:.:-:.:.:.::.::.:.:.;.:.:.:.:.:-:.:.:-:.:.:.:.::.;.:.;. .".:.:.:.:-:.:_:,::,:,:,:,:,:,::,:,;,:,:,:,:,::,:,: .............:.;.........................................................::-:.:.:.:.;.;.;.:.:-:.:.;.:.;.;.;.:.:.:.:.;.;.:.:.:...:.:.;.:.;-:::.:-:::..:.:::_:.;.:::.:::.:.:::.:.:-;.:.:;:.:::::;.:.:.::.::::.:::.:.;.:.:.:.:;:.........................................i....
.rp1'A4RE;,V!;ffl.l~~ ...$<4;:S;(~1j$5;0313jiit$S]1j;69$tEl;5jiii09$5/ia2;998
EXPENDITURES
General Government $ 1,068,575 $ 1,217,720 $ 1,530.239 $ 1,773,880 $ 1.884,642
'\
/ Public Safety 1,290,681 1 ,409.087 1,579.837 2,012.835 $ 2.016,634
Public Wor1<s 1,460,158 1.562,610 1,608,022 2,542,536 $ 2.706,703
Other 752,263 274,319 1,003,025 181,858 $ 155,019
T9!A4~&:'iWPrr9ij~~I$i4i5tl.S1Sdj4;463,7S6 /$iS,1Z1;+2stS!glffijioo/$iS.1&iioo8
:~:m;::;lRliI~rI.'I.iiH;:l';::i~:'fm:'ltri';M~i;1t"lm::m';~Htjl:;;~ntl::mKgiil;M3':~l~tfnrM@m:;t::::':I;;"}:}"'f1:})61
,
)
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FINAL LEVY CERTIFICATION
TAXES PAYABLE 2000
County of Anoka
City/Municipality of Andover
Levy Item Levy Amount * HACA Certified Levy
(A) (B) (C) (0)
[D=B-C]
General Revenue:
General 3,819,433 381,528 3,437.905
Total General Levies: 3 819 433 381 528 't 437905
Bonded Indebtedness:
General Obligations
1991 Fire Bond 299 363 60 666 21R f>Q7
Certificate of Indebtedness 270.000 45,417 224.583
Total Debt Levy: 569,363 106.083 463 280
Other Specific Levies:
, Watershed 21.430
, 2,532 18.898
Total Other Levies: 21.430 2.532 18 898
Total Tax Capacity Based Levies: 4 410 226 4QO- 141 't Q?O_OR1
Total Market Based Referendum Levies: (not subject to LGA or HACA reduction)
* The levy amount by line item should already be reduced by Local Government Aid (LGA) and other
resources used to finance your City's budget.
Do not reduce levy amounts by the Fiscal Disparities Distribution levy. This will be done by our office.
Please attach a copy of the resolution adopting your final budget.
I hereby certify that the foregoing are the amounts to be levied by the Anoka County
Department of Property Tax Accounting and Research for the named municipality.
Given under my hand this day of , 1999.
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Ivcert,doc
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
J
DATE December 21. 1999
AGENDA SECTION
Non-discussion
ORIGINATING DEPARTMENT
Finance
Jim Dickinson
ITEM NO. Approve 2000 Enterprise and Central Equipment Fund Budgets
~L
REOUEST:
The Andover City Council is requested to approve the 2000 Enterprise and Central Equipment Fund Budgets and
the resolution that follows.
BACKGROUND:
Each year the Andover City Council is requested to approve the Enterprise and Central Equipment Fund Budgets.
The Water and Sewer funds budgets are increasing to support the growth of the City and the Central Equipment
Fund is increasing due to an increased number of vehicles to maintain. Revenues are structured to recover all
expenses.
,
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)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES.NO.R-_
RESOLUTION ESTABLISHING THE 2000 WATER FUND, SEWER FUND AND
CENTRAL EQUIPMENT FUND BUDGETS.
WHEREAS, the City of Andover Water and Sewer Funds are primarily supported
by user fees; and
WHEREAS, the Central Equipment Fund is primarily supported by internal user
fees charges to operating departments of the City; and
WHEREAS, the preparation and adoption of operating budgets is recognized as
sound financial management for planning and monitoring financial condition; and
NOW, THEREFORE BE IT RESOLVED that the City Council of City of
Andover hereby establish the 2000 budgets for the Water Fund, Sewer Fund and the
Central Equipment Fund.
/
Adopted by the City Council of the City of Andover this 21st day of December, 1999.
CITY OF ANDOVER
ATTEST:
J. E. McKelvey, Mayor
Victoria V olk, City Clerk
, )
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CITY OF ANDOVER
Revenue Budget Worksheet
Budget Year 2000
12/16/999:51 AMSEWER.XLS
,
SEWER
Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
34133 Sewer Dept. Fees $ 2,124 1,491 699 1,000 1,000
36103 Assmts. coil. by cnty cur. - - (8,874) - -
36110 Certified Bills 36,074 9,666 23,195 9,500 4,200
36210 I nterest Earned 26,912 24,614 51,736 6,000 7,000
36211 Market Loss on Invest. 1 ,460 - - - -
36212 Valuation Adjustment - - 5,342 -
36260 Refunds & Reimburse. - 160 100 - -
Subtotal $ 66,570 ,C' 35,931 72,198 16,500 12,200
37210 Sewer Charges - Gen. $ 682,876 $ 785,802 $ 873,070 895,000 1,083,238
37240 Sewer Charges - Other 80,734 53,745 24,471 35,000 10,000
37260 Penalties - Sewer 10,619 13,202 15,468 9,000 12,000
Subtotal $ 774,229 $ 852.748 $ 913.010 939,000 1.105.238
39204 Trans, Sewer Conn, $ 30,500 $ - $ 30,500 30,000 -
I Subtotal $ 30,500 .$ $ 30,500 ' 30,000 ,
- -
I I I I
<;\<;,,, "" ..,<,,:.S',,87t.299 <;$<;\' "
...,"'",; \,$', '1)7 ".",j..' "1; 1 t7,438
I I
/
CITY OF ANDOVER
Expense Budget Worksheet
Budget Year 2000
12/16/9910:08 AMWSEWER.XLS
~cWER - COLLECTION DEPARTMENT # 49450 ENTERPRISE FUND
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Personal Services
101 Salaries $ 57,766 $ 63,320 $ 50,525 $ 96,323 $ 111,740
121 PERA 2,477 2,671 2,661 4,990 5,141
122 FICA 3,157 3,436 3,238 5,972 6,928
125 Medicare 738 804 757 1,397 1,620
131 Health Insurance 6,178 5,849 4,349 10,467 11 ,965
132 Dental Insurance 481 436 222 590 709
133 Life Insurance 32 30 27 207 312
151 Workers Compensation 3,450 2,775 2,895 3,300 3,450
Subtotal $ 74,279 $ 79,320 $ 64,675 $ 123,246 $ 141,865
Supplies and Materials
210 Operating Supplies $ 2,802 $ 2,884 $ 3,288 $ 3,500 $ 3,500
220 Repair/Maint. - General 1,472 369 1,748 5,500 5,500
,224 Repair/Maint. - Streets 294 - 2,231 2,500 2,500
~40 Small Tools 342 750 500 1.000 1.000
S u btota I $ 4,910 $ 4,003 $ 7,768 $ 12,500 $ 12,500
Purchased Services
303 Consulting Engineer $ - $ - $ - $ 8,500 $ 8,500
314 Gopher One-State Call 760 771 1,267 1 ,400 1,500
316 Contractual Sewer Syste 1,595 - 4,233 15,000 15,000
321 Telephone - - - 300 500
360 Insurance 1,960 2,100 2,100 2,205 2,271
381 Electric 444 468 470 550 550
385 Metro Waste Control Com 483.132 518.571 542.883 572.500 608.500
..." '
Subtotal $ 487,891 $ 521,910 $ 550,954 $ 600,455 $ 636,82.1
, J
CITY OF ANDOVER
Expense Budget Worksheet
Budget Year 2000
12/16/9910:08 AMWSEWER.XLS
\
,
vbject Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Other Services and CharQes
401 Repair/Maint. - General $ 418 $ 634 $ 527 $ 6,100 $ 6,100
403 Repair/Maint. - Streets - - - 2,500 2,500
404 Repair/Maint. - Impr - - - 2,000 2,000
410 Rentals 6,000 - - 1,500 1,500
415 Equipment Services 16,000 24,130 23,882 26,420 28,051
418 Maintenance Contracts - - - 10,000
420 Depreciation 19,167 22,877 27,742 - -
433 Dues/Registrations 518 780 150 750 750
. S 1.1 btotal $ 42,102.13 $ 48,421 $ 52,301 $ 39,270 $ 50,901
SEWER - COLLECTION (continued)
Capital Outlay
570 Office Equipment $ - $ (1,383) $ - $ -
580 Equipment - - - 150,000 32,000
582 Capital Maintenance Res - - - - -
Subtotal $ $ .. '(1,383) $ .' $' 150,000 $ 32,000
- -
..... I
j Transfers
702 Transfer to Cap. Eq. Res. $ 10,000 $ 10,000 $ 33,718 $ - $ 151,998
710 Residual Equity Transfer 35,074 - - - -
Subtotal $ 45,074 $ 10,000 $ 33,718 $ =-- . ,,-C; $ 151,998
-
,....... i. 'J2 II' ",!,.~,;P'" ..... ..;p.......oo2,270.. ..$.........., V<l ."tl v"$' .1<!:/!'l.4IT....:i>........1.f1?frrfllt:,.
, /
CITY OF ANDOVER
Expense Budget Worksheet
Budget Year 2000
12/16/9910:08 AMWSEWER,XLS
1c:t::WER - ADMINISTRATION DEPARTMENT # 49490 ENTERPRISE FUND
j
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Personal Services
101 Salaries $ 39,361 $ 41,780 $ 52,934 $ 28,614 $ 35,507
121 PERA 1,524 1,732 2,788 1 ,482 1,839
122 FICA 2,143 2,449 3,246 1,774 2,201
125 Medicare 501 574 769 415 515
131 Health Insurance 2,171 2,373 3,882 2,715 3,047
132 Dental Insurance 157 180 280 151 180
133 Life Insurance 14 15 21 60 78
Subtotal $ 45,871 $ 49,103 $ 63,919 $ .......35,211 $ 43,368
Supplies and Materials
201 General Office Supplies $ 971 $ 635 $ 1,569 $ 1,800 $ 2,000
210 Operating Supplies - 158 - 200 700
220 Repair/Maint. - General - - - 150 185
Subtotal $ 971 $ 794 $ 1,569 $ 2,150 $ 2,885
Purchased Services
,
. '301 Professional Services $ 2,206 $ 1,920 $ 1,612 $ 4,388 $ 6,000
303 Consulting Engineer 105 - - 250 250
322 Postage 327 890 491 2,500 2,500
330 Transportation 228 279 265 600 600
351 Publishing - 149 143 400 400
352 Printing - 51 - 200 200
360 Insurance 600 600 600 630 700
Subtotal $ 3,466 $ 3,889 $ 3,111 $ 8,968 $ 10,650
T
Other Services and Charaes
401 Repair/Maint. - General $ 150 $ 52 $ 54 $ 300 $ 300
406 Contractual Services 14,636 8,713 13,397 8,000 8,000
416 Computer Services - 1,743 - 2,000 6,000
433 Dues/Registrations 16 23 63 300 400
442 Meals/Lodging - - - 100 250
499 Contingency - - - 1,500 1,500
Subtotal $ 14,801 $ 10,530 $ 13,514 $ 12,200 $ 16,450
,
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CITY OF ANDOVER
Expense Budget Worksheet
Budget Year 2000
12/16/9910:08 AMWSEWER.XLS
I "bject Actual Actual Actual Budget Request
ode 1 996 1 997 1 998 1 999 2000
SEWER - ADMINISTRATION (continued)
Capital Outlay
560 Furniture $ - $ - $ - $ 500 $ -
570 Office Equipment - 1 ,383 - 1 ,000 1 ,000
Subtotal $ - $ 1 ,383 $ - $ 1,500 $ 1 ,000
71 2 Transfer - Cert of Indebt $ 7,590 $ - $ - $ - $ 7,000
727 Transfer to Other Funds - - 42,000 - 1 0,000
Subtotal $ 7,590 $ --c $ 42,000 $ $ 1 7,000
- -
"
TOTAL ADMINISTRATION $ 72,699 $ 65,699 $ 124, 113 $ 60,029$ 91 , 353
, I I I I I
TOTAL.ftOR DEflARTMENTSlGii'iUc:ti,$ccc.c.'726, 955;7$ '727i969.>$i833,529unr ~_wL _~'*~_~"'_~_"
985,500/.,$1;117;438
,
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CITY OF ANDOVER
Revenue Budget Worksheet
Budget Year 2000
12/16/999:51 AMWATER.XLS
,
,
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WATER
Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
34132 Water Dept. Fees $ 5,258 $ 4,829 $ 379 3,500 500
36210 I nterest Earned 38,521 63,059 74,363 12,000 13,000
36211 Market Loss on Invest. 2,610 - - - -
36230 Valuation Adjustment - - 7,856 -
36245 Sale of Used Equipment 216 - - - -
36260 Refunds & Reimburse. 131 293 I 4,349 - -
Subtotal $ 46,735 $ 68,182$ 86,946 15,500 13,500
37110 Water Sales-General $ 652,190 $ 636,289 $ 825,025 921,900 997,380
37140 Water Dis/Reconnect - 60 283 - -
37150 Water Permit Fees 12,686 12,082 18,975 12,000 7,500
37152 Other Fees - Water - - 220 - -
37160 Penalties - Water 8,789 11,112 14,226 7,000 7,000
37170 HydranUMeter Rentals - 25 - - -
37171 Meters 38,803 37,180 65,122 30,000 35,000
39200 Unallocated- Connexus En - - 3 - -
Subtotal $ 712.468 $ 696.748 $ 923,850 , 970.900 1 ,046,880
T T , I
.rOTJl IIC~ J,,$ ", 7 i""S i/i/ ( "",,$'/i1;010;799 ,fif 'Ann ,~ nl:n'tRn,
L.; "'"
,",
\
)
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WATER-SOURCE STORAGE DEPARTMENT # 49400 ENTERPRISE FUND
.
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Supplies and Materials
201 General Office Supplies $ - $ - $ 307 $ 500 $ 550
210 Operating Supplies 821 274 855 2,500 2,500
216 Chemicals 19,503 24,593 38,026 45,000 47,000
220 Repair/Maint. Supplies- Gen, - 117 92 92
227 Repair/Maint. - System 1.448 3,023 4,197 3.800 4.000
Subtotal $ 21,771 $ 28,007 $ 43,477 $ 51,800 $ 54,142
Purchased Services
301 Professional Services $ 1,015 $ 1,607 $ 2,495 $ 3,000 $ 3,000
315 Professional Service - Lab 1,220 896 1,047 2,000 2,000
321 Telephone - - - 500 500
351 Publishing 64 - 150 5,500 6,000
360 Insurance 2,600 2,800 3,000 3,150 3,245
381 Electric 35,399 41,361 46,833 45,000 50,000
383 Natural Gas 1,951 1,732 1,500 3,000 3,000
386 Water Permit - DNR 1,613 2.422 2.518 3,000 4.000
Subtotal $ 43,863 $ 50,818 $ 57,544 $ 65,150 $ 71,745
I ....
Other Services and Charaes
401 Repair/Maint. - General $ 1,867 $ 3,095 $ 1,743 $ 7,500 $ 7,500
402 Repair/Maint. - Building 83 1,500 60 6,000 6,000
403 Repair/Maint. - Well/Pump. 694 27,784 - 30,000 30,000
404 Repair/Maint. - Improvements - 578 152 2,500 2,500
406 Contractual Services - 415 - 1,000 1,000
412 Inspections 1,532 - - 2,000 2,000
433 Dues/Registrations 260 921 240 1.000 1.000
Subtotal $ 4,435 $ 34,293 $ 2,194 $ 50,000 $ 50,000
Capital Outlav
582 Capital Maintenance Res. $ 25,000 - 242,000 250,000 250,000
...
Subtotal' $ 25,000 $ - $ 242,boC) $ 250,000 $ 250,000
Transfers
710 Residual Equity Transfer Out $ 25,000 $ - $ - $ - $ -
." Subtotal $ 25,000 $ $ ......... ....... -$ ..... " ,$.... ....... ...
-
I r I . ......1 T = I .....
<iii<:i',. TOTALi~(JURCESTp~;i... <,$.. .i< n"" S 113.H9!<Si345;'.o.1 ''i,01>< .. ,~:..". <is.<
CITY OF ANDOVER
Expense Budget Worksheet
Budget Year 2000
12/15/995:48 PMWWA TER.XLS
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CITY OF ANDOVER
Expense Budget Worksheet
Budget Year 2000
12/15/995:48 PMWWA TER.XLS
I \ 'VA TER-DISTRIBUTION DEPARTMENT # 49430 ENTERPRISE FUND
.I
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Personal Services
101 Salaries $ 95,968 $ 133,266 $ 150,898 $ 138,162 $ 156,434
121 PERA 4,252 5,634 7,671 6,190 6,722
122 FICA 5,650 7,548 9,061 8,566 9,699
125 Medicare 1,321 1,765 2,119 2,003 2,268
131 Health Insurance 8,271 10,276 13,665 16,120 16,469
132 Dental Insurance 636 755 852 924 999
133 Life Insurance 43 51 63 337 439
151 Workers Compensation 3,450 2,732 3,166 4,000 4,200
$ 119,591 $ 162,027 $ 187,495 $ 176,302 $197,231
Supplies and Materials
201 General Office Supplies $ 15 $ - $ 60 $ 500 $ 500
210 Operating Supplies 5,467 4,278 4,130 5,500 6,500
214 Meter Repair Supplies 1 ,402 1,036 3,510 3,500 4,000
219 Hydrant Repair Supplies 2,211 4,249 693 3,500 5,000
220 Repair/Maint. - General 1,916 2,067 1,649 3,000 3,500
224 Repair/Maint. - Streets - - - 3,000 3,000
'\ 227 Repair/Maint. - System 2.145 4.498 1.847 3.000 3,500
Subtotal $ 13,156 $ 16.129 $ 11,889 $ 22,000 $ 26,000
Purchased Services
301 Professional Services $ 46 $ - $ 270 $ 100 $ 300
303 Consulting Engineer - - - 500 500
314 Gopher One-State Call 724 771 1,267 1 ,400 1,500
321 Telephone 338 692 1,750 800 1,000
322 Postage 25 586 41 2,000 2,500
351 Publishing 416 898 299 2,000 2,000
360 Insurance 3.100 3,350 3.600 3.780 3.893
SUbtotal $ ... 4,650 $ 6,297 $ 7,227 $ 10,580 $ 11,693
.... I .
Other Services and Charqes
401 Repair/Maint. - General $ 1,375 $ 748 $ 599 $ 1,000 $ 1,000
403 Repair/Maint. - Streets - - 1,300 1,000 1,000
407 Meters - Labor 540 - - 700 700
408 Hydrants - Labor - - - 500 500
410 Rentals 66 7,655 - 10,000 10,000
415 Equipment Services 15,100 22,773 22,539 24,933 48,037
420 Depreciation 95,492 105,212 114,867 - -
433 Dues/Registrations 1,113 1,204 333 1,000 1,000
442 Meals/Lodging 100 - 198 200 200
Subtotal $ 113,785 $ 137,592 $ 139,835 $ 39,333 $ 62,437
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CITY OF ANDOVER
Expense Budget Worksheet
Budget Year 2000
12/15/995:48 PMIJ'vWA TER.XLS
, "
, ,.:lbject
Code
WATER - DISTRIBUTION (continued)
Capital Outlav
Equipment $
Meters/Horns
Transfer to Other Funds
Actual
1996
Actual
1997
Actual
1998
Budget
1999
Request
2000
$
$
$
40,000 $ 32,000
61,300 61,300
(4,073)
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CITY OF ANDOVER
Expense Budget Worksheet
Budget Year 2000
12/15/995:48 PMWWA TER.XLS
'\
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WA TER-ADMINISTRA TION DEPARTMENT # 49440 ENTERPRISE FUND
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Personal Services
101 Salaries $ 38,205 $ 41,961 $ 44,883 $ 28,614 $ 31,404
121 PERA 1,526 1,733 2,304 1,282 1,627
122 FICA 2,146 2,450 2,680 1,774 1,947
125 Medicare 502 575 636 415 455
131 Health Insurance 2,174 2,374 3,125 2,715 2,816
132 Dental Insurance 157 180 234 151 167
133 Life Insurance 14 15 18 60 73
Subtotal $ 44,724 $ 49,288 $ 53,880 $ .. 35,011 $ 38,489
.. '.
Supplies and Materials
201 General Office Supplies $ 574 $ 331 $ 852 $ 700 $ 1,000
210 Operating Supplies 385 212 175 1,000 1,200
220 Repair/Maint. - General 419 - 5 500 500
Subtotal $ 1,378 $ 543 $ '1,032 $ 2,200 $ 2,700
.... .
Purchased Services
301 Professional Services $ 2,506 $ 1,958 $ 1,590 $ 16,000 $ 16,000
303 Consulting Engineer - - - 200 200
322 Postage 2,029 1,961 491 2,000 2,500
330 Transportation 234 298 407 200 200
351 Publishing 67 46 158 1,000 4,000
352 Printing - 51 - 100 500
353 Publications - - 200 500 5,500
360 Insurance 1,300 1 ,400 1,802 1,924 1,982
386 Water Quality Fee 16,079 17,680 19,127 21,000 23,000
390 Taxes - - - 700 700
.. $ 22,215 $ 23,393 $ 23,775 $ . 43,624 $ 54,582
Subtotal
,
Other Services and CharQes
401 Repair/Maint. - General $ 532 $ 360 $ 114 $ 700 $ 700
406 Contractual Services 10,361 7,533 14,067 17,000 17,000
410 Rentals - 458 - 500 500
416 Computer Services - 1,743 1,800 3,500 6,000
433 Dues/Registrations 233 487 553 600 600
442 Meals/Lodging - - 37 300 300
499 Contingency - - - 24,000 24,000
....... Subtotal $ 11,126 $ 10,581 $ 16,570 $
46,600 $ 49,100
I I I
WATER ADMINISTRATION (continued)
CITY OF ANDOVER
Expense Budget Worksheet
Budget Year 2000
12/15/995:48 PMWWA TER.XLS
. /
Object
Code
Actual
1996
Actual
1997
Actual
1998
Budget
1999
Request
2000
Capital Outlay
560 Furniture
570 Office Equipment
Subtotal
$
$
- $
- $
- $
$
Transfers
720 Transfer to Computer Reserv $
721 Transfer to Admin. Trust Fund
727 Transfer to Other Funds
Subtotal $
5,000 $ 25,000 $ 10,000 $ 10,000 $ 20,000
20,000
30,040 31,000 69,000 81,000 78,961
55,040 $ 56,000 $ 79,000 $ 91,000 $ 98,961
I I I I
TOTAL AlCDEPARTMENTS '~-r'~501,66t' $ 584,96ir'---865,91'r $" 981{40(f~-$ UJ60,3S5-
.I
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CITY OF ANDOVER 12/16/9912:35 PMWCENTEQ,XLS
Revenue/Expenditure Budget Worksheet
Budget Year 2000
'\
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CENTRAL EQUIPMENT FUND TRUST & AGENCY FUND
Revenues
Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
CharQes for Services
36212 Valuation Adjustment $ - $ - $ 527 - -
36260 Refunds and Reimb. - 21 1,895 - -
38400 Equipment Rental 205,880 310,501 307,306 347,737 358,752
Subtotal $ 205,880.00 $ 310,522 $ 309,728 $ 347,737 $ 358,752
.
Miscellaneous Revenue
36210 Interest Earnings $ 2,200.00 $ 472 $ 4,312 $ - $ 1,500
Subtotal $ 2,200.00 $ 412$ . 4,312$ .... ." $ .... 1.500
I I I I I
I 1$ I I I
TOTAL REVENUES 208,080.00 $ 310,993 $ 314,040$ 347,737 .$ 360,252
Expenditures
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Personal Services
101 Salaries $ 71,031 $ 80,061 $ 91,888 $ 107,979 $ 116,879
121 PERA 3,148 3,583 4,765 5,262 6,054
122 FICA 4,192 4,674 5,368 6,695 7,246
125 Medicare 980 1,093 1,257 1,566 1,695
131 Health Insurance 7,251 7,612 9,219 10,812 11,914
132 Dental Insurance 472 516 603 600 678
133 Life Insurance 35 36 39 238 297
Subtotal $ 87,110 $ 97;575 $ 113,138 $ 133,152 $ 144,763
Supplies and Materials
201 General Office Supplies $ - $ 5 $ 225 $ 400 $ 500
210 Operating Supplies 5,799 6,373 7,259 8,000 8,000
212 Gas - Vehicle 15,180 10,471 11,016 18,000 15,000
218 Diesel Fuel 25,577 32,497 20,407 32,000 32,000
220 Repair/Maint. - General 435 485 1,178 500 1,500
221 Repair/Maint. - Vehicle 97,248 75,453 84,418 75,000 75,000
240 Small Tools 2,026 3,269 3,850 3,500 3,500
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CITY OF ANDOVER 12/16/9912:35 PMWCENTEQ,XLS
Revenue/Expenditure Budget Worksheet
Budget Year 2000
"
Object -I Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Subtotal $ 146,266 $ 128,552 $ 128,353 $ 137,400 $ 135;550
,
Purchased Services
301 Professional Services $ 158 $ - $ 200 $ 500 $ 500
321 Telephone - - - - 500
330 Transportation - - 2 500
334 Vehicle License 523 102 664 600 700
360 Insurance 37,050 14,281 7,736 42,085 43,348
Subtotal $ 37,731 $ 14,383 $ 8,602 $ 43,185 $ 45,548
, ' '
Other Services and CharQes
401 Repair/Maint. - General $ - $ 895 $ 441 $ - $ -
405 Repair/Maint. - Vehicle 15,132 8,736 18,871 30,000 30,000
406 Contractual Services 153 916 780 1,000 1,000
409 Inspections/Emissions Test 40 40 56 500 500
410 Rentals 262 28 422 500 500
433 Dues/Registration 1,646 1,147 203 2,000 2,000
442 Meals/Lodging - - 319 - 442
Subtotal $ 17,233 $ 11,763 $ 21 ;091 $ 34,000 $ 34,442
Capital Outlav
550 Vehicles $ - $ 10,907 $ - $ - $ -
580 Equipment 13,871 35,514 - - -
Subtotal $ 13,870.7 $ 46,421 $ , $ $ '," ,",
- - -
I I I I I I
TOTAL EXPENDITURES $ 302,210, $ 298,694$ 271,184$ 347,737' $ 360,252
I'~
_\i~~~~'~pjw.~" . ' .. ... ....
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
)
DATE: December 2 t. t 999
AGENDA SECTION
ORIGINATING DEPARTMENT
Finance
Jim Dickinson
Non-Discussion
ITEM NO.
tiirove 2000 PIR Fund Budl?:et
REQUEST:
The Andover City Council is requested to adopt the attached resolution setting the 2000 budget for the
PIR Funds.
BACKGROUND:
The only expenditures for 2000 will be a for projects for prior years reserved funds. Current funding
levels will not allow for additional projects. The detailed budget is attached.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R-_
RESOLUTION ESTABLISHING THE 2000 PERMANENT IMPROVEMENT
REVOLVING FUND BUDGET.
WHEREAS, the Permanent Improvement Revolving Fund was established to
provide for the acquisition of equipment of financing of improvement projects deemed
appropriate by the City Council; and
WHEREAS, the preparation and adoption of operating budgets is recognized as
sound financial management for planning and monitoring financial condition; and
NOW, THEREFORE BE IT RESOLVED that the City Council of City of
Andover hereby establishs the 2000 budget for the Permanent Improvement Revolving
Fund.
,
- - ~)
Adopted by the City Council of the City of Andover this 21 st day of December, 1999.
CITY OF ANDOVER
ATTEST:
1. E. McKelvey, Mayor
Victoria V olk, City Clerk
J
\
IPERM.~OLV. u Jge ear
ICAPITAL ~I.lr IJ:~T
Revenues
Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
36101 Assmt. Prin. - City $ 233,313.00 $ 374,037 $ 162,598 $ 100,000 $ 45,000
36102 Assmt. Int. - City 24,473.89 6,574 13,431 9,000 3,500
36103 Assmt. - County 103,181.48 76,230 93,687 15,000 3,000
36104 Assmt. - County - Del. 2,876.26 7,465 6,195 -
36210 Interest Earned 36,697.90 74,116 - 7,656 10,000 3,500
36212 Valuation Adjustment - - 4,287
302oU I KetundS & Reimbursements 8,447.25 2,000 - - -
SUbtotal ~ $ 408,989.78 $ 540,421 $ 272,543 $ 134,000 $ 55;000
39201 Transfers from other funds $ 116,246.14 $ 1,952,833 $ - $ - $ -
"39202 KeSldual t:qu1tYTranster 2!:J,314.15 393,4U4 oU,9!:Jl - -
Subtotal $ 145,560.29 $ 2,346,237 $ 60,991 $ . $ .... .
-
I~D~~~ I .' .
; . ... . .... ... . . . .. . ... . ;OOOT0$~TQ5,l)l)l);
I Expenditures
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Public Improvements
210 Operating Supplies $ - $ 6 $ 1,339 $ - $ -
301 Professional Services 8,312 1,580 9,505 - -
303 Consulting Engineer 12,093.94 - 784 - -
304 Attorney 138.00 288 92 - -
315 Professional Services - Lab. 13,50 - - - -
330 Transportation - - 44
351 Publishing 395,20 337 - - -
401 Inspections 4,763.90 - - - -
406 Contractual Services 214,247.50 120,818 35,895
412 Inspections 4,582.72 21 3,026
419 Improvements- SA Roll - - 143,388
530 Improvements - - - 134,000 55,000
532 Overlays - 119,686 -
560 Furniture - - - -
570 Office Equipment 46,026.78 5,200 - - -
580 Equipment 2,400,99 406,632 - - -
727 Transfer to Other Funds 69,434.71 521,385 491,481 - -
Subtotal $ 362,409 $ 1;175,953 $ 685,553 $ 134,000 $ 55,000
I
EQuitv Transfers
710 Residual Equity Transfer $ - $ 1,248,657 $ 76,700 $ - $ -
711 Transfer to Debt Service 309,370,00 - - - -
713 Res. Equity Transfer to PIR 365,496.73 - - - -
727 Transfer to Other Funds 55,165.52 500,000 50,000 - -
Subtotal $ 730,032.25 $ 1,748,657 $ 126,700 $ . - $ .,. -
I r .. ~""I I .... .... .\ I
.;iil;I:::;)T(,)1'f'1.7EX.~!ffcJ{)J.m..I'{I;~;;);$:11092~'h44'):$ Z,~Z4,ij10.)$~'! Z;ZI);,.;$' c'f32f;OOO..)..;.$.....;...;...'55';OOtr
..~~.~-I.._..."..~._.._...~~._~,""'.-~~-r...'. .... ... ...-...r"..-.....---...... .....r.....'........ @,"',,",6,""'...~~"@ o'n""'~M~ ........'1'..'.-...
'.....-~
VERE NDITUR 7,8~1. 7 , -
CITY OF ANDOVER 12/16/9912:26 PMPIR.XLS
Revenue/Expenditure Budget Worksheet
B d t Y 2000
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
i
, ,
DATE December 21.1999
AGENDA SECTION
Non-discussion
ORIGINATING DEPARTMENT
Finance
Jim Dickinson
ITEM NO. Approve 2000 Risk Management Fund Budget
03.
REQUEST:
The Andover City Council is requested to approve the 2000 Risk Management Fund Budget and the resolution that
follows.
BACKGROUND:
Each year the Andover City Council is requested to approve the Risk Management Fund Budget. For 2000 the
'llost significant change is for contingencies and professional services.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R-_
RESOLUTION ADOPTING THE 2000 RISK MANAGEMENT FUND BUDGET.
WHEREAS, the preparation and adoption of operating budgets is recognized a
sound financial practice; and
WHEREAS, the Risk Management Fund was established to provide self insurance
for insurance deductibles, separation from service pay and other unforeseen losses,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby establishes the 2000 Risk Management budget as submitted in the
amount of $31 ,400
Adopted by the Andover City Council on this 21 st day of December, 1999.
CITY OF ANDOVER
J. E. McKelvey, Mayor
ATTEST:
Victoria Volk, City Clerk
CITY OF ANDOVER 12/16/996:56 AMWRISK.XLS
Revenue/Expenditure Budget Worksheet
Budget Year 2000
;
RISK MANAGEMENT FUND TRUST & AGENCY
R'evenues
Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
36210 I nterest Earned $ 3,073 $ 4,543 $ 5,961 $ 600 $ 4,200
36211 Market Loss on Investment 117 - -
36212 Valuation Adjustment - - 595
36230 Contributions - - 161 300 200
36246 Workers' Compo Refund - - -
36260 Refunds and Reimbursements 26,744 41,616 28,730 27,000 27,000
39201 Transfers from other funds 8.000 6.000 - -
Subtotal 1$ 37.935. r $ 52,159 $ "l<; 1I11&:: "~'?7 qnn$ 31.400
I I 11
'., Tl)rAL.:~C ,-.- r.? ................?.. "" .":ji .' ."I.lla5"~' ."....,,,;,'..... .~...... i...:Ii.'.;27.9UO...:Ii r
Expenditures
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Personal Services
101 Salaries $ 4,298 $ 5,788 $ 8,276 $ 5,285 $ 6,550
104 Salaries - Separation Acct. - 3,873 3,563 5,000 -
121 PERA 191 264 467 274 339
122 FICA 256 565 692 328 406
125 Medicare 60 132 104 77 95
131 Health Insurance 213 385 623 370 456
132 Dental Insurance 18 36 54 20 30
133 Life Insurance 1 2 3 8 13
Subtotal $ 5,038 $ 11,044 $ 13,783 $ 11,361 $ 7,890
Supplies and Materials
207 Training Supplies $ - $ 75 $ - $ 500 $ 500
210 Operating Supplies 227 565 321 1,000 2,500
Subtotal $ 227 $ 640 $ 321 $ 1,500 $ 3,000
Purchased Services
301 Professional Services $ 552 $ 2,706 $ 5,000 $ 1,500 $ 3,500
302 Health & Wellness - - - -
330 Transportation 37 - 8 50
360 Insurance 3,969 4,562 614 4,200 3,000
.... Subtotal $ "'4,559 $ .. 7,268 $ 5,622 $ 5,750 $ 6,500
, --'" ,
Other Services and CharQes
433 Dues/Registration $ 50 $ 575 $ - $ 1,250 $ 1,010
499 Contingency 2,980 2,749 9,394 6,800 10,000
Subtotal $ .. 3,030 $ 3,324 $ 9,394.....$ 8,050 $ 11,010
. . . .
Capital Outlav
580 Equipment $ - $ - $ - $ - $ 3,000
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CITY OF ANDOVER 12/16/996:56 AMWRISK.XLS
Revenue/Expenditure Budget Worksheet
Budget Year 2000
'\
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Object
Code
Actual
1996
Actual
1997
Actual
1998
Budget
1999
Request
2000
3,000
$
$
>
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 21. 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Finance
Jim Dickinson
ITEM NO.
1,44. Approve 2000 Special Revenue Budgets
REOUEST:
The Andover City Council is requested to review the following 2000 Special Revenue budgets and approve the
resolution that follows.
BACKGROUND:
Each year the Andover City Council is asked to review and approve Special Revenue Fund budgets, In
accordance with Government Accounting Standards Board, the City is required to develop budgets for all Special
Revenue Funds.
"
A copy of the detailed budgets of the Special Revenue funds follows the summary listed below.
Significant Changes:
Drainage & Mapping
. Budget decrease of$1,700 due to no computer services being requested for 2000,
- ./
Lower Rum River Management District
Budget increase of $4,930 attributed to an increase in ovarall personal services.
Capital Equipment Reserve
Indicates a transfer of reserves to the General Fund to assist in the 2000 General Fund budget.
Forestry
Revenues and Expenditures remained relatively stable from 1999 to 2000. Only a $784 increase in the
expeniture budget.
Septic Disposal
. For 2000 there is anticipated to be little or no activity in this fund. The 2000 budget is identical to 1999.
Oak Wilt Suppression:
Very little history for this fund. The 2000 budget is identical to 1999.
Economic Development Authority:
This budget has increased by only 1.26% for 2000.
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
" I
RES. NO. R-
RESOLUTION ADOPTING THE 2000 SPECIAL REVENUE FUND BUDGETS.
WHEREAS, the preparation and adoption of operating budgets is recognized a
sound financial practice; and
WHEREAS, the Special Revenue Funds were established to justify revenue
sources that finance particular functions or projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Andover hereby establishes the following Special Revenue Fund Budgets;
Drainage and Mapping
Lower Rum River Management District
Oak Wilt Suppression
Forestry
Septic Disposal
Capital Equipment Reserve
Economic Development Authority
Adopted by the Andover City Council on this 21st day of December, 1999.
CITY OF ANDOVER
J. E. McKelvey, Mayor
ATTEST:
Victoria V olk, City Clerk
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CITY OF ANDOVER 12/15/995:27 PMDRAINMAP.XLS
Revenue/Expenditure Budget Worksheet
Budget Year 2000
" DRAINAGE & MAPPING FUND SPECIAL REVENUE
/
Revenues
Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
34136 Drainage Revenue $ - $ 1,310 $ 8,293 $ 14,000 $ 14,000
34137 Mapping Revenue - 4,017 16,144 31,550 29,850
36210 Interest - 2,684 2,408 700 700
36212 Valuation Adjustment - - 281 - -
36247 Topographical Maps - 397 857 - -
Subtotal "$" ...... ....... $ 8,408 $ 26,845 $ 46,250 $ 44,550
-
>>. ..) \)1 A L.o",...", ICC!'>. >>"'>> :.:.:.....>... '.$;> >....-..... ,$..... ;8;408';;;$ . ::27:983; ;$.....> '$';'>' I:l:tI>
Expenditures
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
\ Personal Services
I
101 Salaries $ - $ - $ - $ -
122 FICA - - - - -
125 Medicare - - - - -
Subtotal $ " $ : $ - $ - $ -
. .
Improvement Proiects
201 General Office Supplies $ - $ 351 $ 1,140 $ 5,000 $ 5,000
210 Operating Supplies - 613 1,043 1,500 1,500
301 Professional Services - 14,180 16,289 32,500 32,500
303 Consulting Eng. - General - 785 7,299 5,000 5,000
412 Inspections 903 107 445 - -
416 Computer Services - 2,125 2,200 2,200 -
433 Dues/Registrations - - - 50 50
580 Equipment - 3,481 997 - 500
Subtotal $ .. 9()3 $ .. 21,641 $ 29,414 $ 46,250 $ 44,550
... . I I
';;.19'.AI......",......, 1'[ URES.>>;:::::;'!l:: '>>903:;"$>:.:.. ... .,v.. .$: ...:.:11.414;.:...;$.........>.... $:.;;: :: '1:1:tI
:.. OF .> .. '.'>>>:: .., ........ .... ; >>.'.::::". :::: .. .>
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CITY OF ANDOVER 12/15/995:27 PMDRAINMAP.XLS
Revenue/Expenditure Budget Worksheet
Budget Year 2000
'\
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Revenue
Code
CITY OF ANDOVER 12/15/995:26 PMLOWERRUM,XLS
Revenue/Expenditure Budget Worksheet
Budget Year 2000
LOWER RUM RIVER MGMT. DISTRICT
SPECIAL REVENUE
Revenues
Actual
1996
Actual
1997
Actual
1998
Budget
1999
Request
2000
Permits
General Property Tax $ 10,395 $ 11,794 $ 11,286 $ 13,981 $ 21,430
Del. Ad Valorem Taxes - 108 106 - -
Fiscal Disparities 3,000 2,217 2,497 2,152 -
HACA 3,470 2,547 2,546 1,867 -
Interest 100 227 451 200 200
Valuation Adjustment - 45 -
Refunds/Reimb. - - - 200 -
Subtotal $ 16,965 $ 16,892 $ 16,931 $' 18,400 $ 21,630
I , ~~=-~._L~___~__~~_~_.~~..,._",.J.,.~_.-.,",.,,,,,-<^-,
tOTAL. '~~~~!==:=~=~"~'"'~T'~'r'~
31010
31020
31040
33402
36210
36212
36260
Expenditures
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Personal Services
101 Salaries $ 9,544 $ 9,553 $ 1 0,296 $ 11 ,031 $ 13,925
121 PERA 428 436 532 571 721
) 122 FICA 592 541 580 684 863
125 Medicare 138 127 136 160 202
131 Health Insurance 498 571 627 698 640
132 Dental Insurance - 53 51 51 66
133 Life Insurance 5 3 3 20 29
Subtotal $ 11 ,205 $ 11,284 $ 12,225 $ 13,216 $ 16,446
Supplies and Materials
210 Operating Supplies $
Subtotal $
Purchased Services
303 Consulting Engineer $
304 Attorney
330 Transportation
Subtotal '$
...... j
Other Services and Charqes
I $ 4.205 $ 2.947 $ 2,923 $ 4,205 $
$ A ?t'\<; (\(\ $ 2,947 $ 2,923 $ 4,205 $
I I I I I I
k _ .. _.._II un!:" $ l' ~ r ~ 15.148 ~ . 'oIllAI $ ""tjJU
.~~~~~
454
)
555 $
555 '$
$
- $
$
- $
-
519 $
519 $
519
519
520 $ - $ - $ - $ -
- - - 460 460
12 - - - -
520 $ ....... .......,...-;;-. $ ..... .~..$ ...... ...~. $ ."460
.
Lower Rum River
4,205
4.205
Subtotal
,
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CITY OF ANDOVER 12/15/995:30 PMOAKWILT.XLS
Revenue and Expenditure Budget Worksheet
Budget Year 2000
/
OAK WILT SUPPRESSION SPECIAL REVENUE
Revenues
Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
33422 Other Grants $ - $ - $ 10,000 $ 5,000 $ 5,000
36210 Interest - 493 157 200 200
36212 Valuation Adjustment - 5,109 11 - -
36260 Refunds & Reimbursements - - 7,057 5,000 5,000
39202 Residual Equity Trans. In - 30,205 - - -
Subtotal $ - $ . 5,EJ02 $ 17,225 $ 10,200 $ 10,200
T I I I I
~~~~~i1rC~:m:~~I~~;
Expenditures
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Improvement Proiects
210 Operating Supplies $ - $ 395 $ - $ 100 $ 100
330 Transportation - 290 - - -
406 Contractual Services - 27,594 14,420 10,000 10,000
412 Inspections - 6,027 91 100 100
727 Transfer to Other Funds - 1,501 - - -
Subtotal $ - $ 35,807 $ 14,511 $ 10,200 $ 10,200
T I I r T I
~~~~ ~~*~i
_g~c'"'.""I_
> ....E:~eE:f'JI)'T9~... .....
CITY OF ANDOVER 12/15/995:29 PMFORESTRy.xLS
Revenue/Expenditure Budget Worksheet
Budget Year 2000
FORESTRY SPECIAL REVENUE FUND
\
, ) Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Revenues
33422 Other Grants $ - $ 40,260 $ - $ - $ -
34122 Site Plan Review - Trees - 9,661 12,360 11,000 11,000
34144 Forestry Intern Fees - 11,384 532 5,000 5,000
36210 Interest Earned - 1,312 1,337 772 1,300
36212 Valuation Adjustment - - 191 -
36260 Refunds & Reimbursements - 35 - - 256
39201 Transters Ham omer funds - 1-;500 - - -
,)",,> .'v,,,,,-, :"'>.'. ., 'II' >TT .'..:1>):' ''II "0,((;':):>:1>" " I ,':>::'0
I Expenditures
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Personal Services
101 Salaries $ - $ 10,409 $ 9,622 $ 9,078 $ 9,620
121 PERA - - 154 - -
122 FICA - 645 594 563 596
125 Medicare - 151 139 132 139
131 Health Insurance - - 209 - -
132 Dental Insurance - - 17 - -
133 Life Insurance - - 1 - -
\ Subtotal $ ......... $ 11,205 $ ...... 10,736 $ 9,772 $ 10,356
-
)
Supplies and Materials
201 General Office Supplies $ - $ 113 $ 236 $ 500 $ 600
210 Operating Supplies - 6 1 ,107 500 600
... Subtotal $ $ 119 $ 1.343 $ 1,000 $ 1,200
-
Purchased Services
304 Attorney $ 93 $ - $ - $ -
330 Transportation - 19 94 - -
353 Publications - - 265 500 500
Subtotal $ 93 $ 19 $ 359 $ 500 $ 500
Other Services and Char~es
406 Contractual Services - - $ - $ 5,000 $ 5,000
433 Dues/Registrations - - - 300 300
435 Subscriptions - - - 100 100
442 Meals/Lodging - - - 100 100
Subtotal ......= ......"., ......... ....,...:= ..... . ,'. ..., 5,500 $
- - $ 5,500
Transfers
710 Residual Equity
Subtotal
) ~~i~~~~ij
.
-
$
$
30,205 $
30,205.$
I
- $
- $
- $
- $
I
$
$
-
.
o
CITY OF ANDOVER 12/15/995:26 PMSEPTIC,XLS
Revenue and Expenditure Budget Worksheet
Budget Year 2000
~
SEPTIC DISPOSAL FUND SPECIAL REVENUE
Revenues
Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
34138 Septic Dumping Fees $ 3,550.00 $ 3,300 $ - $ - $ -
36210 Interest Earned 88.75 458 545 100 100
36212 Valuation Adjustment - - 56 - -
Subtotal $ 3,550.00 $ , 3,'758 $ - " - $ , $
- -
, I I I 1-
.",,,,...,,J:;V ~~!;~~~~
Expenditures
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Improvement Proiects
.
210 Operating Supplies $ - $ - $ - $ 100 $ 100
330 Transportation - - - - -
406 Contractual Services - - - - -
412 Inspections - - 700 - -
$ $ - $ 700 ' $ 100 $ 100
I I I - - I - I I
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~EliPE"'DIr.jl~~
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CITY OF ANDOVER 12/16/9911 :45 AMCAPEQUIP.XLS
Expenditure Budget Worksheet
Budget Year 2000
)
CAPITAL EQUIPMENT SPECIAL REVENUE
Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Revenues
36210 Interest $ - $ 7,071 $ 69,374 $ - $ 58,000
36212 Valuation Adjustment - - 6,161 - -
39201 Transfer From Other Funds - 364,800 10,000 320,479
39202 Residual Equity Transfer In 591,727 - 1,060,638 - -
39210 Transfer from Sewer Fund - - 33,718 - 151,998
39213 Transfer from Water Fund - - 242,000 - 7,000
. Subtotal $ ~ 591,727 $ 371,871 $ 1,421,891 $ 320,479 $ 216,998
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Expenditures
Other Services and CharQes
210 Operating Supplies $ - $ - $ 5,209
220 Repair/Maint. Supplies - Gen. 3,769
401 Repair/Maintenance - - 12,890
406 Contractual Services - 13,408 9,212
410 Rentals 25,950 2,793 -
499 Contingency - - 7,903
Subtotal $ 25,950.00 $ 16,200 $ 30,005 $ - $ -
.
Capital Outlav
530 Improvements $ - $ - $ 1,980 $ - $ -
550 Vehicle 20,141 22,274 - - -
570 Office Equipment - - 9,323 - -
580 Equipment - 42.012 124,426
'" $ 20,141 $ 64,286 $ 135,729 $ $ ".
;:>UUlULCl'. - -
Other Financinq Uses
720 Transfer To General Fund $ - $ 246,200 $ 50,000.00 $ 320,479 $ 575,633
Transfer To Other Funds 31,500 - - - -
Subtotal $ 31,500 $ 246,200 $ 50,000 $ 320,479 $ 575,633
...... I I T rC I I
$ 326, 33
I I
_9f>.ry...."...~.. i,~85
i ......i()y~~EXgl:f\lDITPRE , )
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CITY OF ANDOVER 12/16/997:39 AMECONDEV.XLS
Revenue/Expenditure Budget Worksheet
Budget Year 2000
)
ECONOMIC DEVELOPMENT AUTHORITY SPECIAL REVENUE
Revenues
Revenue Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
31050 Current Tax Increments $ 4,000 $ - $ - $ - $ -
Subtotal $ 4,000 $ $ '. c..... $ $
- - - -
34101 Rental Fees $ - $ 1,200 $ - $ -
.... Subtotal $ .... $ 1,2()0$ ..... .....:.$ ..... .... $
- - -
36240 TIF Admin. Fee $ 78,200 $ 78,200 $ 82,000 $ 82,000 $ 85,000
36210 I nterest Earned 1,500.00 314 2,841 1,326 2,000
36212 Valuation Adjustment - - 202 - -
36255 Sale of Land - 43,835 - 35,000 32,818
Subtotal $ 79,700 $ 122,349 $ 85,043 $ 118,326 $ 119,818
I , I I 'I I
mrttIC!t4~'J~EVE~rm~~~!111ITsm~~lr]![l'[rj;!1!~I~r~]=tlrJ1J111~;!1~1
Expenditures
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Personal Services
101 Salaries $ 53,460 $ 58,288 $ 81,295 $ 87,535 $ 86,863
121 PERA 2,566 2,667 4,251 4,534 4,500
122 FICA 3,315 3,581 4,885 5,427 5,386
125 Medicare 775 845 1,169 1,269 1,260
131 Health Insurance 3,454 3,834 5,359 6,367 6,131
132 Dental Insurance - 289 381 368 348
133 Life Insurance 11 19 24 146 152
Subtotal $ 63,581 $ 69,523 $ . 91,364 $ 105,646 $ 104,638
Supplies and Materials
201 General Office Supplies $ 4,000 $ 82 $ 100 $ 2,000 $ 2,000
Subtotal $ 4,000$ 82 $ . 100 $ 2,000 $ 2,000
I I r I I . T .
)
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CITY OF ANDOVER 12/16/997:39 AMECONDEV.XLS
Revenue/Expenditure Budget Worksheet
Budget Year 2000
,
,
"
Object Actual Actual Actual Budget Request
Code 1996 1997 1998 1999 2000
Purchased Services
301 Professional Services $ 3,000 $ 298 $ 1,785 $ 2,800 $ 3,000
304 Attorney 2,100 - 192 2,100 3,000
322 Postage 250 - - 500 500
330 Transportation 1,500 1,500 1,515 1,800 2,000
351 Publishing 2,000 745 1,074 2,000 2,000
352 Rate Programming 5,000 - - - -
360 Insurance 165 190 - 210 -
Subtotal $ 14,015 $ 2,733 $ 4,566 $ 9,410 $ 10,500
I
Other Services and Charaes
416 Computer Services $ - $ 170 $ - $ 170 $ 200
433 Dues/Registrations 1,000 548 9 1,000 340
442 Meals/Lodging 24 1,175
443 Continued Education - - - - 765
499 Contingency 1,104 - - 100 200
Subtotal $ 2,104 $ 718 $ 33 $ 1,270 $ 2,680
. . .. =c- ..
Eauity Transfers
710 Residual Equity Trans. ou $ - $ - $ 2,000 $ - $ -
727 Transfer to Other Funds - - -
Subtotal $ '. -$ .' $ 2,000 '. $ $
- - -
. ...... . '1 ' ..:-=: :-= ..
I :TT91.~1..."......~D...~ iT iT i~'i".: ,83.700'T'~ TT '.~..i.i coo,: ~'T"",,,,.. .'11S,3Z5....:~'" .......1.15,S.' 0
.
12~,~~"iii_
......~~'Sr~N[)I'T .."., ........................
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"
'--. I
DATE: December 2 L 1999
AGENDA SECTION
ORIGINATING DEPARTMENT
Non-Discussion
Planning
Jeff Johnson
ITEM NO.
Adopt Ordinance No. 14A, Repealing Ordinance No. 14-
An Ordinance Providing for the Licensing
~.%~gS and Regulating the Keeping of Dogs and Cats
Reauest
The City Council is asked to adopt Ordinance No, 14A which repeals Ordinance No. 14 - Providing for
the Licensing of Dogs and Regulating the Keeping of Dogs and Cats. Our current ordinance regulating
dogs and cats (Ordinance No. 233) covers these licensing requirements.
"
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 14A
AM ORDINANCE AMENDING ORDINANCE NO. 14 ADOPTED MARCH 9,
1973, KNOWN AS AN ORDINANCE PROVIDING FOR THE LICENSING OF
DOGS AND REGULATING THE KEEPING OF DOGS AND CATS.
The City Council of the City of Andover hereby ordains:
Ordinance No. 14 is hereby amended as follows:
Ordinance No. 14 adopted March 9, 1973 is hereby repealed.
Adopted by the City Council of the City of Andover on this _ day of
1999.
ATTEST:
CITY OF ANDOVER
Victoria V olk, City Clerk
J. E. McKelvey, Mayor
,
PRINTEn.'S AFFIDAVIT OF PUBLI\.,.A TION
\
)
" r",.....'~-;." ORdUt"l(c;E NO. 14, -:"'":-''':)'''
~.,~:~,~,. :Pl. ...;r";~'-:'-"""--.~..." ;-:::t..,tl""~."".::o:."
,','.:.f'<."a"'lo.' ...~..~.~.~'.~:~..,,'vJ',~.- .
AN ORDINANc;E AM€NDING SEc;TIDN 3
ORDINANce NO.5 ADOPTED MAY ~. 1969, _-
ENTITLEO "AN OR,DINANCE PROVIDING FI
THE LICENSING OF DOGS' AND REGULAT
THE KEEPING OF OOGS AND CATS."
The town Board of the Township of Grow, Count
A~;,'Stat.. of Mlnnesota, ordains:
SECTION 1.. Section J or Ordinance No. S. entl
"An Ordinance providing forthe licensing of dogs . .
regulating the keeping of dogS-and cats" is amend.,;to
read: ;~~(-
Section J. LICENSING REQYIRED. No person ~1I
keep any dogs wi1tlin the township without securipJI a
non-transferable license therefor from the clerk, raho
shall keep a record of all t.icenses issued and shalll*ve
a metal tag for each license. The biennial liCenst
shall be $2.00 for each male dOQ or spayed female
and' $3,00 'lor- "eacn vnspayed female dog, and IIc . e
fees shall not be prorated. Every application fClJl: a
license shall be accompanied by a certificate frott. a
qU"'lifi~ veterinarian, showing,. ",at the dog ~. :.~
Ii ~ has been given a vaccine with live
a. J' rabies wtthin two years prior to the dati: of
appHcation. Every application for a license ~ a
spayed female dog shall be accompanied witt! a
statement from a qualified veterinarian i ndicati~hat
the dog has been .,paved' and giving the date CJUhe
operation. The Lls:~ Shall expire on the 31st d~fi of
May in each odcf~u,T~ered year. A license shall~' be
required for dogs-less than six months of age. Every
owner shall be required to provide_ each dog wiltl a
collar to which the license tag must be affixed'~lnc1
shall see that the collar and tag are constantly W?f"".
SECTION 2.. This Ordinance becomes effective
from and after its passage and publication. t!~
19r;;SSed by the Town Board this 2Otn~av of FebngJ.Y,
.s. MaNln :Christianson " .1t
Chairman 'of Town Board :J,
ATTEST, -' ~
.5- Mary West irr'
CI~ ~
a~hliklmnopql-5t~VZ ~~
Pubrished in Anoka Co. Union tvf
Mar. 9,1973 .
"
J
(Chapter 474, Effective May 20, 1965)
Coded as MS 33L02
STATE OF MINNESOTA
County of Anoka
ss
F. G. Clasen AmctL~ being duly sworn, on oath says he is and during
all the times herein stated has been the editor p:Dblllslmc and printer of the news-
paper known as The Anoka County Union and has full knowledge of the facts herein
stated as follows: (1) Said newspaper is printed in the English language in news-
paper format and in column and sheet form equivalent in printed space to at least
900 square inches. (2) Said newspaper is a weekly and is distributed at least once
each week. (3) Said newspaper has 50% of its news columns devoted to news of
local interest to the community which it purports to serve and does not wholly dupli-
cate any other publication and is not made up entirely of patents, plate matter and
advertisements. (4) Said newspaper is circulated in and near the municipality which
it purports to serve, has at least 500 copies regularly delivered to paying subscribers,
has an average of at least 75% of its total circulation currently paid or no more than
three months in arrears and has entry as second-class matter in its local post-office.
(5) Said newspaper purports to serve the City of Anoka in the County of Anoka and
it has its known office of issue in the City of Anoka in said county, established and
open during its regular business hours for the gathering of news, sale of advertise-
ments and sale of subscriptions and maintained by Arch G. Pease or persons in his
employ and subject to his direction and control during all such regular business hours
and at which said newspaper is printed. (6) Said newspaper files a copy of each
issue immediately with the State Historical Society. (7) Said newspaper has com-
plied with all the foregoing conditions for at least two years preceding the day or
dates of publication mentioned below. (8) Said newspaper has filed with the Secretary
of State of Minnesota prior to January I, 1966 and each January 1 thereafter an affi-
davit in the form prescribed by the Secretary of State and signed by Arch G. Pease
and sworn to before a notary public stating that the newspaper is a legal newspaper.
He further states on oath that the printed
....,.......... Qr!-!~n~.~::.E;. ~I::>. ~. .~!<:......................", .........,...............
..............................................
hereto attached as a part hereof was cut from the columns of said newspaper, and
was printed and published therein in the English language, once each week,
for .......... ~ ::'.~ .. .. .. .. . .. .. .... successive weeks; that it was first so published on
. 9th ~arch 73
Friday the .,........................ ..day of ........:........................... .19....
and was thereafter printed and published on every Friday to and including the
.............................. day of .............................. 19.... and that the
following is a printed copy of the lower case alphabet from A to Z, both inclusive,
and is hereby acknowledged as being the size and kind of type used in the compo-
sition and publication of said notice, to wit:
abcdefgh i j k 1 mnopqrstuvwxvz
abcdefghijklmnopqrstuvwxyz
.........,....J.4..e~............
Subscribed and sworn to before me this .. .~~.:...... day of ..... ~.!'!~~r:......... .19J~.
.~?l<:u.22~..Zk4;k!.'......
. . ^^,,^^^,,,J',l.AJ\.'\.'\/\^-,\,^,,^,,,,./V,/./V\/\l'v\.\!\:\..^J'v\.
(Notarial Seal) ~ .4"~":^ GRt,CE r.1. FREDRiCK';::;"; ~
l~<"~~ NOTARY PUC~IC - MIC:::oSJ7A ~
\~!/ M,OKA CCiJrlTY ::
Mt CJm,:l. Ex;ires fv~ar. 4. 1977 >
)( V'N"'''''' ~i\/~NV"VVV\"""""""'WVVV'lV\ 'VV'/ ::I
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 21. 1999
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Todd Haas,
Engineering ~
ITEM NO.
Approve Feasibility Report/99-37/
680 Andover Blvd. NW
The City Council is requested to approve the resolution accepting feasibility study, waiving
public hearing and ordering improvement for the improvement of Project No. 99-37 for sanitary
sewer and watermain in the area of 1680 Andover Boulevard NW.
Feasibilitv Report
The proposed assessment is based on the Engineering News Record cost index which was
determined by the City Council under Project 92-24, Andover Boulevard. Project was started
in 1993.
,
1993 Average ENR Cost Index - 5213
/
1999 Average ENR Cost Index - 6067
Proposed deferred assessment for sanitary sewer and water under Project 92-24 is $6,560.07.
Proposed 1999 assessment for Project 99-37 is $7,634,75.
"\
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
, )
MOTION by Councilmember
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO.
99-37 FOR SANITARY SEWER AND WATERMAIN IN THE FOllOWING AREA
1680 ANDOVER BOULEVARD NW
WHEREAS, the City Council did on the 7th day of December, 19 99,
order the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the City Enqineer
and presented to the Council on the 21st day of December, 19---.lliL; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
./
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 7.634.75.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the feasibility report with an estimated total cost of
improvements of $ 7.634.75 waive the Public Hearing and order improvements.
BE IT FURTHER RESOLVED the property would be assessed over a ~
year period.
MOTION seconded by Councilmember
City Council at a reqular meeting this 21st
and adopted by the
day of December , 19---.lliL, 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
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: December 21, 1999
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Todd Haas,
Engineeri~
ITEM NO.
Accept Petition/Order Feasibility Report!
19-39/1970 -148th Avenue NWIWM
The City Council is requested to approve the resolution declaring adequacy of petition and
ordering preparation of a feasibility report for the improvement of watermain for Project 99-39,
in the area of 1970 - 148th Avenue NW.
/
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'. ./ 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
WATERMAIN , PROJECT NO. 99-39, IN THE AREA OF 1970 -148TH
AVENUE NW.
WHEREAS, the City Council has received a petition, dated December 8.
1999 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 Councilmember and adopted by the
City Council at a reqular meeting this 21st day of December ,19 99, with
favor of the resolution, and Councilmembers
against, whereupon said resolution was declared passed.
voting in
voting
Councilmembers
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
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CITY OF ANDOVER
Andover City Engineer
1685 Crosstown coulevard NW
Andover, MN 55304
Re: Municipal Improvements
Dear City Engineer:
We do hereby oetition for imcrovements of watermain, sanitary
sewer, storm sewer and streets (circle one or ~ore) with the
costs of the improvement to be assessed against my benefitting
property.
Said petition is unanimous and the public hearing may be
waived. We would like to be assessed over a 5 year period.
~~ ~'O ,;,o.i~ "'J-"V ""';th..-T"S ~ ().- O-$S~Sme>'1+ ~.
s,!r;_y, <j
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Addre~
City, State, Zip
!'hone (Home)
(Work)
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Aj1f06VC:~ /1;1( 59(3j4-
/LV7l1i2- ~ 754 -/98f-
~: 422 --l'7![
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DA IE: December 21. 1999
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott Erickso~~
Engineering "
ITEM NO.
Street SettlementlWittington Ridge
g3>.
At the December 7, 1999, City Council meeting the Council requested a report regarding the
street settlement on 155th Lane just west of Raven Street in the Wittington Ridge
development. A chronological report is as follows:
1. The City Council approved the grading plan and the final plat for the Wittington Ridge
development on November 1, 1994. The developer had originally proposed to "float" the
section of 155th Lane just west of Raven Street using geotextile fabric and the
recommendations of a geotechnical engineering report developed by STS Consultants
dated Nov. 2, 1993,
",
) 2. In 1994 the developer graded the site which included the removal of the peat material
located on 155th Lane just west of Raven Street. The developer had previously proposed
to "float" this section of street but then decided to remove the peat materials from this area
thus eliminating the need to "float" the road at this location. The geotechnical engineering
firm of STS Consultants observed the soils corrections at this location and prepared the
report dated October 27, 1994, indicating that the proper soils corrections had been made
for this section of street.
3. The streets were paved approx. November 9, 1994.
4. In the spring of 1995 the settlement of 155th Lane was noticed. (See Attached Letter Dated
Feb. 6, 1995.
5. In an attempt to allow any settlement to subside a repair was not made in 1996. The
asphalt and class 5 base was subsequently removed and replaced by the developer in
1997 to attempt to repair the settled and cracked street surface at this location.
6. Again in the spring of 1998 the street had continued to settle and the developer was
notified of the problem.
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7. In 1999 the issue continued to be discussed with the developer and his engineer to resolve
and repair the settled area, (See attached Correspondence). The developer had indicated
a repair would be made by him in the fall of 1999.
8. On December 7, 1999, the City Council again discussed this issue and directed staff to
notify the developer to correct the problem as soon as possible and to put him on notice
that if the repairs were not completed in a timely manner (Spring 2000) that the city would
utilize the development escrow held for this item.
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9. A follow up letter from the City Attorney will be submitted to the developer regarding this
issue.
10. It will be indicated to the developer that a geotechnical engineer will need to provide a
recommendation on the required repairs and soil borings may need to be made. The
repairs will need to be completed by the developer no later than June 9, 2000 or the City
will move forward to make the necessary repairs. The geotechnical analysis will need to
be completed prior to this date to insure that the repair work will be completed.
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CITY OF ANDOVER
1685 Crosstown Boulevard NW
Andover, MN 55304
612-755-5100 FAX - 612-755-8923
FAX TRANSMITTAL SHEET
lte: 7/2S/77
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The information contained in this facsimile is confidential information
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If all pages were not received or if there are questions regarding this informa~ior..
please call the person listed above at 612-755-5100.
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May 19,1999
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Jerry Windschitl . ,.,.
Ashford Development Corp." .'.
3640 - 152nd Lane NW .
Andover, MN 55304
Su bject:M'l~iffg~.~_ij'Ri~ge;Street Settlement
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Dear Mr. Windschitl:
, .
Per our previous discussions regarding the settlement of the street (155th Lane NW) .
within the Wittington Ridge development, it was my understanding that you were
going to take the necessary steps to repair the settlement area. A repair ofttie
street surface was made by you in 1997 but the subgrade continued to settle
resulting again in the street failing at the same location on 155th Lane NW. If you .
have not you may want to engage your soils engineers in evaluating this issue as
their report had indicated that the poor soils had been removed at this location atthe .
time of the original construction. I appreciate your prompt attention to this issue so
the necessary repairs can be made as soon as possible. After you have had a
chance to re-review this issue, let me know what action your engineers are '
recommending to you to correct this problem.
Sincerely,
dL#k
Scott Erickson, P.E.
City Engineer
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cc: Pete Raatikka - Hakanson Anderson and Assoc.
James Overtoom - STS Consultants Ltd.
CITY OF ANDOVER ,.
REQUEST FOR COUNCIL ACTION
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DATE: lanuary 20. 1998
ITEM NO.
Reduce EscrowlDeveloper Improvements/
Wittington Ridge
/~.
ORIGINATING DEPARTMENT
~-
Todd J. Haas,
Engineering
AGENDA SECTION
Non-Discussion/Consent Item
The City Council is requested to reduce the development contract letter of credit (developer
improvements) for the Wittington Ridge development.
Letter
of Credit #
Amount
Available
Reduce
To
Reduction
Wittington Ridge
197
$29,325.00
$17,250.00
$12,075,00
~_ City Staff is not recommending the site grading/erosion control and street construction escrow
_-' be returned until the section of the street along 155th Lane NW, West of Raven Street NW is
repaired to the satisfaction of the City Engineer. If you recall, this is the section that large
amounts of unsuitable soil was removed and replaced with suitable soil. Unfortunately, the
street has not stabilized and therefore is still settling. We are working with the developer to
resolve this issue.
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3640 - 152nd Lane N,W. . Andover, MN 55304 . 612-427-9217
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RECEIVED
NOV
4 1995
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_bc~ Crcsstown B:vd
CITY ur- nm.J\.JvER
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A=a0V9~, MN 55304
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CITY OF ANDOVER
REQUEST FOR COUNCIL AcrION
DATE December 5, 1995
AGENDA SECTION
f\O. Non-Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
f\O. Approve Resolution Accepting
Streets & Storm Sewer!
Wittington Ridge
Scott.Eric~son, Jf1
Englneenng 'IJ t,
BY:
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The City Council is requested to approve the resolution approving the final
street construction and storm sewer for Wittington Ridge development.
The streets have been found to be in compliance with the City Specifications
and are recommended for acceptance.
, )
As noted in the attached letter from Ashford Development, one section of street
on 155th Lane NW west of Raven Street NW will need to be repaired due to
some settlement and cracking that has occurred. The repair, as noted in the
letter, will be performed at the developer's expense next spring. This item would
be covered by the mandatory one year warranty for this project as noted in the
resolution.
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MOTION BY:
SECOND BY:
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612} 755-5100
February 6, 1995
Jerry Windschitl, President
Ashford Development corporation, Inc.
3640 - 152nd Lane NW
Andover, MN 55304
Re: Wittington Ridge Asphalt Street Thickness
Dear Mr. windschitl:
\ )
On Wednesday, February 1, 1995 I met with the asphalt contractor,
H & M Asphalt regarding the streets for the wittington Ridge
project. Additional asphalt core samples were taken to verify
asphalt thickness within the development boundaries. Based upon
the core samples that were taken, it was determined that a one
(1") inch overlay would be required on 156th Avenue NW from
station 8+00 to station 12+00.
. ,
The contractor would be responsible for milling the necessary
transverse joints and also milling along the gutter lines in
order to provide a one (1") inch overlay along this section.
This milling and overlaying could be performed at the same time
the asphalt is installed along 155th Lane NW.
Please have your contractor notify the city a minimum of 48 hours
prior to any work taking place in the project in order for the
city to provide for the necessary inspection for this work.
If you have any questions regarding this, please feel free to
contact me at 755-5100.
Sincerely,
CITY OF ANDOVER
,0fwcfJ~
Scott Erickson
City Engineer
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DEe 31 1994
CITY Ur- .~ :\;' .,'." r'R
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October 27, 1994
Ashford Development Company
3640 - 152nd Lane
Andover, MN 55306
Attn:' Mr. Jerry Windschitl
STS Project 95789-B
Re: Wittington Ridge Development, 155th Street Sub grade Correction
Dear Mr. Windschitl:
During the period August 31 through September 15,1994, STS Consultants, Ltd. observed
preparation of the road subgrade for 155th Street west of Nightingale Street N.W. in Andover,
Minnesota. Additionally, we observed and tested the natural sub grade soils at Block 2, Lot 1,
within this development and completed compaction tests on fill materials placed within the
sub grade correction area on 155th Street.
For Block 2, Lot 1 of the development, the STS technician tested the natural sub grade soils below
the proposed building pad area using a dynamic cone penetrometer. The lot had been stripped of
topsoil to approximate elevation 889 feet. The native soils consisted of fine grained sand, gray to
brown in coloration which was medium dense in-place as determined by the penetrometer test.
The dynamic cone penetrometer report is included in the appendix. After stripping, sand fill
materials were placed on this lot and compacted using a vibratory drum roller. Compaction tests
indicated the fill materials were densified to greater than 95% of the maximum density obtained in
accordance with ASTM Specification D-1557, Modified Proctor method.
Relative to 155th Street, STS observed excavation of peat soils being at approximately station
1 +00 progressing to the west. Peat soils were excavated using a track mounted backhoe. The peat
soils were excavated until a non-organic brown to gray brown to gray sand sub grade was
encountered. Sand fill materials were immediately placed upon this sand subgrade to prevent
heaving and control of groundwater inflow. Periodically, test pits were dug within the natural
sands. These pits were one bucket height and depth, and were used to visually verify that there
was not a false bottom (buried peat) to a depth of approximately 5 feet below the excavated base.
STS Consultants Ltd.
Consulting Engineers
3650 Annapolis Lane
Suite 120
Minneapolis, Minnesota 55447
612.559.1900/Fax 612.559,4507
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~~:ntcompanY
" STS Project 95789-B
October 27. 1994
Page 2
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No false bottoms were observed during the excavation. As excavation proceeded on the
westbound lane of the roadway, fill was continuously placed and compacted using the scrapers and
the vibratory roller. The excavation was oversized on the north side of the roadway at a slope of 1
horizontal to 1 vertical to adequately support the roadway sub grade width. After completing the
westbound lane. the eastbound lane was similarly excavated, and backfilled with on-site sand
soils. The area excavated was from approximately station 1+00 to station 5+25, and from station
9+75 to station 11+70. A diagram showing the approximate configuration of the center of the peat
excavation within the roadway is included in the appendix. Field density tests as well as
technician daily reports and laboratory compaction test data is included in the appendix. Based on
the test data, it is our opinion that the organic soils encountered have been adequately removed,
and replaced with compacted sand fill materials consistent with the project specifications. It is our
opinion, based on the observations and test data, that a stable road subgrade has been achieved
within these correction areas.
If you have any questions about the contents of this letter, or if we may be of further assistance,
please do not hesitate to contact us.
Very truly yours,
STS CONSULTANTS, LID.
JHO/dn
Encs.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December 21, 1999
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
Scott Erickso~<-
Engineering' \V
ITEM NO.
Update/Intersection of Bunker Lake Blvd.lCrooked Lake Blvd.
Jq,
On Monday, December 13, 1999, the Anoka County Public Works Committee met to discuss
the City of Andover's request for a temporary traffic signal to be constructed at the intersection
of Bunker Lake Boulevard and Crooked Lake Boulevard as a part of the Main Street detour to
be constructed in February, 2000. A lengthy discussion was held with the committee with the
following results:
1. The County would not oppose the installation of a traffic signal at the intersection of Bunker
Lake Blvd.lCrooked Lake Blvd. but would not contribute funding as the intersection does'
not meet warrants for a traffic signal.
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2. The committee discussed a temporary traffic signal to be constructed during the period of
, the Main Street detour. The committee indicated that if a temporary traffic signal were
installed at this location it would be very difficult to have it removed after the detour was
over. They felt that if a traffic signal were to be installed at this location it would become a
permanent signal. The committee again indicated that they would not be willing to fund
either a permanent or a temporary traffic signal at this location.
3. The committee indicated that instead of a temporary traffic signal they would support
temporarily restricting traffic at the intersection of Crooked Lake/Bunker to a right-inlright-
out during the period of the detour. They felt this would reduce conflicts and also
minimize this route as a "cut through" for detoured traffic. It was indicated that this would
probably not be a acceptable alternative for the residents living in the adjacent
neighborhoods.
4. The committee indicated that the Main Street project is being administered by the City of
Coon Rapids and the detour is a direct result of the closure of the bridge over Highway 10
and would be a MnDOT issue. With the Councils direction we would forward the
temporary traffic signal request to MnDOT Via the City of Coon Rapids,
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December 21. 1999
ITEM NO.
Approve Probationary Period/Engineering Tech 4/
jo~e Knutson
ORIGINATING DEPARTMENT
Scott Erickson,~~
Engineering
AGENDA SECTION
Non-Discussion/Consent Item
The City Council is requested to approve the successful completion of the 6 month
probationary period for Jake Knutson, Engineering Tech 4.
Jake has demonstrated a high level of professionalism and expertise and is an asset to the
Engineering Department.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
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DATE: December 21. 1999
AGENDA SECTION
Non-Discussion/Consent Item
ORIGINATING DEPARTMENT
ITEM NO.
Approve Purchase/Engineering Design Software
Scott Erickson,~~
Engineering
6/.
The City Council is requested to approve the purchase and upgrade of Engineering Design
software in the amount of $7,655.00 (plus tax and shipping). This request would upgrade one
existing seat of design software and add one additional seat of design software. This would
allow both engineer technicians to work independently on their respective design projects.
The funding will be from a combination of the Engineering Department's office equipment
budget ($6,500.00) and the drainage and mapping fund ($1,155.00).
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MEMORANDUM
CITY of ANDOVER
DATE: December 10, 1999
TO: Scott Erickson
FROM: AI Koester
RE: software upgrade
CC: File
Price quotes for ugrading Current software and adding additional licensees as we discussed. Eagle
point quote is discounted till 12/30/99. Autocad quote is discounted thru their government-pricing
contract.
Summary
Amount
Upgrade Eagle point Version 13.2 to Version 99
And add one additional license. (Jake & AI)
$ 4775.00
ORA Y ART Jl:RglA pAiR' TAP.!l ~l1prArr
f ~'5" ':'" ~\.
Upgrade Autocad Version 13 to Version 2000
And add one additional license. (Jake & AI)
$ 2880.00
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!: - .of.. .& v- &.wPv
$ ~1?~ QQ ~~
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-#7 b 55 (f' /c..t"l S\.,.'p'O.....,,)
ITEMS GIVEN TO THE CITY COUNCIL
O(dG-l ~~l
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DATE
December 21, 1999
· Park and Recreation Minutes - November 18, 1999
· Planning and Zoning Minutes - November 23, 1999
· Special City Council Truth in Taxation Minutes - November 30, 1999
· Special City Council Minutes - November 30, 1999
· Special City Council Minutes - December 2, 1999
· Park and Recreation Minutes - December 2, 1999
· City Council Minutes - December 7, 1999
· Letter from LMC - December 15, 1999
· November Building Department Report
· Snowmobile Studs Damage Paved Surfaces Article
· Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK yOU.
.'
League of Minnesota Cities
Cith/8 promoting excellence
145 University Avenue West, St. Paul, MN 55103-2044
phone: (651) 281-1200 . (800) 925-1122
TOD (651) 281-1290
LMC Fax: (651) 281.1299 . LMCIT Fax: (651) 281.1298
Web Site: hUp://www.lmnc.org
December 15, 1999
To: City officials
From: LMCIT Board of Trustees
Re: 1999 Property/casualty dividend
We are very pleased to enclose a check for your city's share of the $7 million dividend
which the LMCIT property/casualty program is returning to member Cities. Also
included in this mailing are
· a data sheet showing the premium and loss data used to calculate your city's
dividend; and
· a memo explaining in detail how your city's dividend is calculated.
We've also enclosed two other items which we'd ask you to share with the city council:
· a memo to elected officials with some background information on the dividend; and
· graphs showing your city's premium and dividend history.
Finally, if you'd like to share this news with your local media, we've enclosed a draft
press release which you can tailor for use with your local newspapers, radio, and TV
station.
As always, please feel free to call Pete Tritz at 651-28l-1265, Lourdes Sanchez at 651-
215-4035, or Tom Grundhoefer at 651-28l-l266 if you have any questions or need any
additional information.
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER
LEAGUE OF MINNESOTA CITIES
145 University Avenue West. ST. PAUL, MN 55103
--;?-
PAYOR
INVOICE
No.82789
DATE
AMOUNT
PAYOR
INVOICE
DATE
AMOUNT
99 DVCHD 12/15/99 16,192.00
Check No 00082789
Total ::::;tub
16,I'J2.00
uague of Minnesota Cities
Cities promoting fl"'C'f!ne"~
145 University Avenue West
St. Paul. MN 55103-2044
651/281-1200
NORWEST BANK MINNEAPOLIS, N.A.
ST. PAUL OFFICE
ST. PAUL, MN 55101
No.82789
DATE
12/1!:'/99
AMOUNT
17'1
910
$16,192.0C
*** ::H:x:teen thousand one 1l1..lndl~ed ninety two dc!ll,al~s and no cents
PAY
TO THE
ORDER
OF
CITY Of!' ANDOVEH
CITY CLE:Rf~
1685 CROSSTOWN BLVD NN
ANDOVER, NN 55304
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LEAGUE OF MINNESOTA CITIES INSURANCE TRUST
PROPERTY/CASUALTY
1999 DIVIDEND CALCULATION
AT MAY 31, 1999
ASSOCIATED INSURANCE AGENCY
2800 FREEWAY BOULEVARD
BROOKLYN CENTER MN 55430
ANDOVER
1685 CROSSTOWN BLVD NW
ANDOVER MN 55304
GROSS EARNED PREMIUM
ADJUSTED WSSES
MEMBERS DIVIDEND PERCENTAGE
DIVIDEND AMOUNT
$ 1,224,983
$ 555,835
.00231317583
$ 16,192
League of Minne60ta Cities
CitiQS promoting e"Cllnence
145 University Avenue West, St. Paul, MN 55103-2044
phone: (651) 281-1200 . (800) 925-1122
TDD (651) 281-1290
LMC Fax: (651) 281-1299 . LMCIT Fax: (651) 281-1298
Web Site: http://www.lmnc.org
December 15, 1999
To: LMCIT cities
From: LMCIT Board of Trustees
Re: 1999 property/casualty dividend - calculations and outlook
How is your city's dividend determined?
The first step is for the LMClT Board to determine how much surplus funds are available and
not needed for losses, expenses, or reserves. This year the Trustees concluded that $7 million
could be returned to the member cities.
The next step is to allocate that total among the members, The surplus that LMCIT has at any
one time is the cumulative result of all of the cities' premiums and losses since LMCIT began.
Cities that have been members the longest, that have contributed the most in premiums, and that
have had fewer losses have in effect contributed more to creating that surplus. The dividend
formula is designed to return a proportionally greater share of the total dividend to those cities,
Each city's share is proportionate to the difference between that city's total earned premiums and
total incurred losses for all the years the city has participated in LMCIT. The formula also
incorporates a "loss limiting factor" to temper the effect of a single large "shock" loss on the
city's dividend. Without this kind of limitation, a small or mid-sized city that happened to be hit
by a single catastrophically large loss might not receive any dividend for many years.
Tlte dividend calculation
The enclosed sheet shows the premium and loss figures that were used to calculate your city's
dividend. The premium figure is your city's total of all earned premiums through May 3l 51 , for
all of the years the city has been a member. The "adjusted loss" figure is your city's losses for
all years of participation, minus applicable deductibles. and after "capping" each individual large
loss. For purposes of the dividend formula. each individual loss is capped at the lesser of either
the city's earned premium for that year or $100.000.
To calculate the dividend, we subtract your city's adjusted losses from your earned premiums.
The remainder represents your city's contribution to the surplus. We do that same calculation for
all of the member cities, add up all of those remainders, and then calculate your city's remainder
as a percentage of that total. Your city receives that percentage of the $7 million total.
AN EQUAL OPPORTUNITY/ AFFTRMA TIVE ACTION EMPLOYER
..
Should we expect similar dividend
That really depends on what cities' sses turn out to be. In very general terms, we'd look for
future dividends to be smaller and p ssibly less frequent than in the past. As we've reduced
premium rates over the past several ears (especially for liability coverage, which makes up
about half of the total), the "safety argin" that's built into the rates has also been reduced. If
losses turn out to be at or below wh t we projected when we set the rates, that "safety margin" is
where the surplus funds for dividen s come from. All else being equal then, we'd expect in the
future to have less surplus funds av 'lable to be returned as dividends - unless, of course, cities
can continue to reduce losses.
Predicting future losses is always
more uncertain right now. From w
optimistic that Y2k won't result in .
knows for sure.
uncertain proposition, but the Y2k problem makes it even
t we know about cities' preparations, we're reasonably
idespread problems and losses for cities. But no one really
For purposes of financial planning, ere are the key points to keep in mind:
. In preparing city budgets. don't ely on there being future dividends, LMCIT will return
funds that aren't needed for loss s, expenses, or reserves, but we can never guarantee how
much if any unneeded funds wil be available to be returned in any future year.
. The long-term trend should befi r smaller dividends in the future. As we've reduced overall
rate levels, the safety margin in e rates is smaller. That margin is what produces the
dividend ifIosses come in at or eIow projections.
. We don't know what Y2k will m n for cities' losses. It could be significant or it could turn
out to be nothing at all.
Because LMCIT has been able to re urn sizable dividends for several years in a row, some cities
have begun to build those amounts i to their budgets. If your city does so, make sure you have a
plan for what you'd do ifthere is no 000 dividend or if it's substantially smaller.
We'll do our best to run the progr as economically as we can. LMCIT will return to the
members any funds that aren't need for losses, expenses, or reserves, But we can't guarantee
that there will always be a sizable di idend, or any dividend at all. It's important to keep that in
mind when you're doing your finan al planning,
Those uncertainties aside though, w want to congratulate member cities on another very
successful year. None of this woul be possible if cities hadn't put the effort into controlling
losses and made the commitment to ooperating through LMCIT.
League of Minnesota Cities
Cities promoting llXCllDence
145 University Avenue West, St. Paul, MN 55103-2044
phone: (651) 281-1200 . (800) 925-1122
TDD (651) 281-1290
LMCFax: (651) 281-1299 · LMCrr Fax: (651) 281.1298
Web Site: http://www.lmnc.org
December 15, 1999
To: Mayors and council members ofLMCIT member cities
From: LMCIT Board of Trustees
Jim Antonen, City Manager, Moorhead
Les Heitke, Mayor, Willmar
Jim Miller, LMC Executive Director
Karen Anderson, Mayor, Minnetonka
Todd Prafke, City Administrator, 81. Peter
Re: 1999 LMCIT dividends
The LMCIT property/casualty program has returned $7 million to member cities as a dividend
this year. Members of the LMCIT workers compensation program will also share in a $4 million
dividend to be distributed in April, 2000, We'd like to congratulate you on what your city has
accomplished by cooperating through LMCIT and by your commitment to reducing losses,
We've enclosed a chart showing your city's share of this year's LMCIT property/casualty
dividend, how that compares with your premiums, and what your city's past premiums and
dividends have been. Each city's share of the total dividend depends on the city's total premiums
and losses for all the years the city has been a member of LMCIT, The longer your city has
been a member and the more successful you've been in avoiding losses, the greater your city's
dividend.
This is the thirteenth consecutive
year in which the LMClT
property/casualty program has
returned a dividend to its
members. Together LMCIT's
property/casualty and workers
compensation programs have
returned $135 million to member
cities since 1987.
LMCIT Dividends
$135 million since 1987
$30,000,000 (;'
I
I
$20,000,000 I"
$10,000,000 i '
i
$0 '" .~
'87 '88 '89 '90 '91 '92 '93 '94 '95 '96 '97 '98 '99 '00
LMCIT's premium rates have 0 Property/casualty .Work Comp
been stable or declining over that "- - --..-----
same period. LMCIT's current premium rates for liability coverage are lower than they've
been since the early 1980's. LMCIT work comp rates for 1999 are half of the 1992 rates. At the
same time, LMCIT has been able to continue to improve the coverage to respond to city needs.
AN EQUAL OPPORTL'NITY/AFFIRMATIVE ACTION EMPLOYER
,
How is this all possible? A lot oft ngs go into it, but the most important is that cities have done
an outstanding job of controlling an avoiding losses. To do that takes both the support of the
city elected officials and the efforts f your city staff people. That commitment to controlling
losses pays off for all of us.
As Minnesota city officials we can II be very proud of what we're accomplishing cooperatively
through LMCIT. As LMCIT's Trus ees, we offer you and your employees our thanks and our
congratulations.
League of Minnesota Cities Insurance Trust
Property/Casualty Program
ANDOVER
Premium and Dividend History
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I k 111/
TO: Mayor and City Council / ~~
FROM: David Almgren I F"
RE: 1999 Monthly Building Report November
BUILDING PERMITS
PermiUPlan Tax Total Valuation
29 Residential 24 SIW 5 Septic $ 46,466.43 $ 1,711.50 $ 48,177.93 $ 3,417,000.00
4 Additions $ 1,478.40 $ 30.30 $ 1,508.70 $ 60,600,00
8 Garages $ 1,621.95 $ 27.38 $ 1,649.33 $ 54,760.00
Remodeling/Finishing $ - $ -
Commercial Building $ -
Pole Bldgs/Barns $ -
1 Sheds $ 51,25 $ 0,80 $ 52,05 $ 1,600.00
Swimming Pools $ -
1 Chimney/Stove/Fireplace $ 271.84 $ 5.07 $ 276,91 $ 10,140.00
4 Structural Changes $ 508,65 $ 17.60 $ 526.25 $ 34,200.00
12 Porches/Decks $ 1,804,57 $ 27.10 $ 1,831.67 $ 53,900,00
Repair Fire Damage $ -
10 Re-Roof $ 400.00 $ 5.00 $ 405.00
1 Other $ 185.21 $ 3.00 $ 188.21 $ 6,000.00
Commercial Plumbing
Commercial Heating
Commercial Fire Sprinkler
1 Commercial Utilities $ 185.21 $ 3.00 $ 188.21 $ 6,000.00
Commercial Grading
71 SUBTOTAL $ 52,973,51 $ 1,830.75 $ 54,804,26 $ 3,644,200.00
PERMITS FEES COLLECTED
71 Building Permits $ 52,973.51 $ 1,830.75 $ 54,804.26
Ag Building $ -
Curb Cut $ -
Demolition $ -
Footing $ -
Renewal $ -
Moving $ -
32 Heating $ 1,050.00 $ 16.00 $ 1,066,00
Heating Repair $ -
25 Hook Up $ 625.00 $ 0,50 $ 625.50
36 Plumbing $ 3,483.00 $ 18.00 $ 3,501,00
Plumbing Repair $ -
143 Pumping $ 429.00 $ 429.00
9 Septic $ 315.00 $ 4.50 $ 319,50
8 Septic Repair $ 280.00 $ 4.00 $ 284,00
29 Water Meter $ 1,450.00 $ 1.50 $ 1,451,50
30 Certificates of Occupancy $ 120.00 $ 120.00
9 Contractor's License I $ 225.00 $ 225.00
29 License Verification Fee $ 145.00 $ 145,00
Health Authority $ -
25 Sewer Admin, Fee $ 375,00 $ 375.00
25 SAC Retainage Fee $ 262.50 $ 262.50
1 Reinspection Fee $ 42,00 $ 42.00
3 Rental License $ 850.00 $ 850.00
26 Fireplaces $'1,080,00 $ 13.00 $ 1,093.00
501 TOTALS $ 63,705.01 $ 1,888.25 $ 65,593.26
,
Total Number of Homes Y 1 D '1999 390
Total Number of Homes YTD 1998 407
Total Valuation YTD -I 1999 $ 52,394,399.00
Total Valuation YTD -I I 1998 $ 64,462,741.00
Total Building Department Income YTD- 1999 $ 877,422.60
Total Buildino Department Income YTD- 1998 $ 1,061,764.39
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
Date December 21. 1999
AGENDA SECTION
Amended Approval of Claims
ORIGINATING DEPARTMENT
Finance
Jim Dickinson
I ITEM NO. Schedule of Bills
REOUEST:
The Andover City Council is requested to approve total claims in the amount of $ 724.835.92 .
BACKGROUND:
Claims totaling $ 58.120.45 on disbursement edit list #l dated 12-14-1999 have been issued and released,
Claims totaling $ 574.062.97 on disbursement edit list #2 dated 12-21-1999 will be issued and released upon
Council approval.
Funds to Be wired 12/30/1999 for 01/01/2000 Due Date:
U.S. Bank Refunding Bonds of 1998
$9,402.50
GMAC Comercial Mortgage Corp FHA Impr, Bond 1977-A
$83,250.00
Total $92,652.50
Date: 12-21-1999
Approved By:
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Due Date: I 01/01/2000 I Funds to be wired 12/30/99
I
Bond Payments to be wired to the following:
Payee Bond Name Principal Interest Total Amount
U.S. Bank Refunding Bonds of 1998 9,402.50 9,402.50
GMAC Commercial Mortgage Corp.
FHA Impr. Bond 1977-A 60,000.00 23,250.00 83,250.00
Total 92,652.50
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December 21, 1999
Mayor & City Council
City of Andover
1685 Crosstown Blvd
Andover, MN 55304
Re: Northern Natural Gas threat to open cut city streets instead of bore under them.
Dear Mayor & City Council:
We understand that Northern Natural Gas (Northern) has notified City staff that unless
the City grants Northern easements on City property to construct their proposed 16 inch
natural gas pipeline, that instead of boring under city streets, they will open cut across
city streets and leave them for the city to repair.
We believe this to be unethical and abusive use of the certificate issued to Northern
Natural Gas by the Federal Energy Regulatory Commission (FERC) under Docket No.
CP99-19 1-000 and CP 99-191-001.
Therefore we ask that the City Council direct the staff to notify FERC of this action by
Northern and express the City's objection to it,
Also because this certificate was issued to Northern by a Federal Agency, we request that
the Council contact our Federal Legislators, US Representative Bill Luther, US Senator
Rod Grams and US Senator Paul Wellstsone and ask them to investigate this matter.
Sincerely,
w~t1~
~~
~:y?~
~o~
;z:J r
eJ3,atPlt~d ,v
~!/~
18. Granting NAS authority to provide intrastate telecommunications service III
Minnesota will enhance competition in the provision of intrastate services in Minnesota, Through
a combination of its own equipment and unbundled network elements, the company will offer its
residential and business subscribers services that either are currently unavailable or are out of reach
of all but the most sophisticated telecommunications customers. Granting the petition will also lead
to additional private investment in Minnesota's telecommunications infrastructure, Moreover, it will
prompt other telecommunications providers to improve their services, to become for efficient, and
to introduce service' innovations of their own.
19. NAS has served a notice that it has filed this petition on each party named in the
certificate of service that accompanies this petition.
WHEREFORE, NAS requests that the Commission Issue an order granting NAS a
certificate of public convenience and necessity to provide all forms of intrastate telecommunications
service within Minnesota as described above.
Respectfully submitted,
By:
odney L. Joy e
Shook, Hardy & Bacon .L.P.
600 14th Street, N.W., Suite 800
Washington, DC 20005-2004
(202) 639-5602
Dated: December 15, 1999
30195.1
-5-
give NAS access to roughly another $100 million. The lO-Q also includes the company's income
statement for the first nine months of 1999 as well as its balance sheet as of September 30, 1999.
l3, There is no pending or completed criminal, civil, or administrative action (including
any settlement) against NAS or any officer, director, or known shareholder ofNAS, by any state or
federal regulatory authority in connection with the provision of telecommunications service.
14, The Commission should waive the requirement in Part 7812.0300, subpart 2(1),
mandating that an applicant submit a map depicting the geographic area where it will provide
service. This requirement should be waived in this case since NAS plans to provide service
throughout the area presently served by US West, and the Commission's files already contain maps
of that service territory.
15. NAS understands that it may lose its certification to provide service in any geographic
area where it is not actually providing service within three months of the date of the Commission
order approving this petition or approving NAS's interconnection agreement with USWest,
whichever is later.
16. A description ofNAS's policies for customer service and equipment maintenance,
including information demonstrating that NAS has the ability to respond to customer complaints and
inquiries promptly and to perform maintenance necessary to ensure compliance with the quality
requirements set forth in the Commission's Rules, is attached as Exhibit F.
17. If NAS decides to provide local telephone exchange service in the future, it will
submit to the Commission for approval a plan which describes in detail how NAS will provide 911
service consistent with Commission requirements.
3019S.\
-4-
interconnection agreement. For the foreseeable future, NAS anticipates obtaining all transmission
facilities necessary to provide service from existing carriers rather than constructing transmission
facilities of its own.
9. NAS currently is authorized to provide intrastate telecommunications service in
Alabama, Delaware, Florida, Kentucky, Massachusetts, New Jersey, New York, Pennsylvania, South
Carolina and the District of Columbia, Its wholly owned subsidiary, NAS LLC, is authorized to
provide intrastate telecommunications service in Virginia. Applications for authority to provide
intrastate telecommunications service currently are pending in Connecticut, Georgia, Louisiana,
Maryland, North Carolina and Tennessee. No state PUC has denied an application by NAS or NAS
LLC for authority to provide intrastate telecommunications service.
10. NAS presently provides interstate special access data transmission service in New
York, Massachusetts, Pennsylvania, Maryland and the District of Columbia. NAS LLC presently
provides interstate special access data transmission service in Virginia. Neither NAS nor NAS LLC
provides intrastate telecommunications service in any state.
11. NAS is technically and managerially qualified to provide the services for which
authority is requested in this petition. The telecommunications expertise of the relevant officers and
directors of NAS is discussed in Exhibit D. The company employs about 40 full-time
telecommunications network engineers.
12. Exhibit E is NAS's most recent 10-Q filed with the SEe. Among other things, the
lO-Q shows that as of September 30, 1999, NAS had cash on hand of more than $63 million and
total assets of about $112 million. The 10-Q also shows that existing vendor financing arrangements
30195,1
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3. NAS has filed a petition for a certificate of authority to conduct business in
Minnesota. NAS will provide a copy of this certificate to the Commission once it is issued. The
certificate will identify NAS's authorized agent for service of process in Minnesota.
4. The name and address of each NAS director and officer is set forth in Exhibit B.
5, NAS has one affiliate, Network Access Solutions LLC ("NAS LLC") , a wholly
owned Virginia limited liability company. NAS LLC conducts business solely in Virginia.
6. All correspondence and inquiries regarding this petition should be addressed to:
Rodney L. Joyce
Shook, Hardy & Bacon, L.L.P.
600 l4th Street, NW, Suite 800
Washington, D.C. 20005
(202) 639-5602
(202) 783-4211 (fax)
7. Initially, NAS plans to limit its Minnesota service offerings to high speed, interstate
special access data transmission service. The company will provide this service using digital
subscriber line ("DSL") technology. Later, NAS intends to use DSL technology to provide intrastate
private line data transmission service too (both local service and interexchange service). Although
NAS has no present plans to provide other types of intrastate service (including telephone exchange
service and interexchange toll telephone service), the company nonetheless requests authority to
offer these other services in the event its plans change.
8. NAS intends to utilize the resale, unbundled network element, and network
interconnection provisions in Sections 251 and 252 of the Communications Act of 1934,47 U.S.C.
SS 251 and 252, in providing telecommunications services in Minnesota. Exhibit C is a letter to
USWest dated December 3, 1999 asking that company to enter into negotiations with NAS for an
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Before the
PUBLIC UTILITIES COMMISSION OF MINNESOTA
ln the Matter of:
Petition of Network Access Solutions
Corporation for Certificates of Public
Convenience and Necessity to Provide
Local Exchange and Emerging Competitive
Telecommunications Service
)
)
) No.
)
)
PETITION FOR CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY
Network Access Solutions Corporation ("NAS"), by its attorneys, hereby requests a
certificate to provide, as a facilities-based carrier in all areas where USWest is the incumbent local
exchange carrier, all types of intrastate telecommunications service (local exchange, exchange
access, and interexchange), conditioned upon subsequent approval of its tariff.
In accordance with Parts 78l2,0200 and 78l2.003 of the Commission Rules, NAS provides
the following information in support of its petition:
1. NAS is a publicly held Delaware corporation headquartered at 100 Carpenter Drive,
Suite 206, Sterling, Virginia 20164. Its phone number is (703) 742-7700. In March 2000, NAS
plans to move its corporate headquarters to a 113,000 square foot building at 13650 Dulles
Technology Drive, Herndon, Virginia 20171-4602. NAS will be the sole occupant ofthis building.
2. NAS's articles of incorporation are attached as Exhibit A.
3019S.1
{!(2 i.;2-..;z/-'j'Y
FOR YOUR Ii'JFORMATIOi'J
SHOOK,HARDY&BACON L.LP
LAW OFFICES
KANSAS CITY
OVERLAND PARK
HOUSTON
SAN FRANCISCO
MIAMI
HAMILTON SQUARE
600 14TH STREET, NW, SUITE 800
WASHINGTON, D,C. 20005-2004
TELEPHONE (202) 783-8400 I FACSIMILE (202) 783-4211
LONDON
ZURICH
GENEVA
MELBOURNE
BUENOS AIRES
Rodney L. Joyce
(202) 639-5602
rjoyce@shb.com
December IS, 1999
Burl Haar, Executive Secretary
Minnesota Public Utilities Commission
Metro Square
121 East 7th Place, Suite 350
St. Paul, Minnesota 55101
Re:
Network Access Solutions Corporation - Application
for Certificate of Public Convenience and Necessity (Dkt. No, TCU-
)
Dear Mr. Haar:
Enclosed for filing is the original and 15 copies of the petition of Network Access
Solutions Corp. for a certificate to provide local exchange, interexchange, and exchange access
service in Minnesota. Please stamp the extra copy to reflect the date the application is filed and
return it to me in the enclosed self-addressed s ed envelope.
Rodney L. Joyce
Counsel for Network Access Solutions Corp.
Enclosures
30202.1