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HomeMy WebLinkAboutCC April 4, 1995 CITY of ANDOVER Regular city Council Meeting - April 4, 1995 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items / 1. Ordinance 8 Amendment 2. Ordinance 109/Therapeutic Massage 3. Review & Approve Investment Policy 4. Approve Plans & Specs/93-7/City Hall Park Complex #2/ Irrigation 5. Accept Petition/95-2/Crosstown Drive/street Lighting 6. Old Colony Estates Drainage/Bodine 7. Drainage/2215 - 145th Avenue N.W./Platz 8. Consider MSA Assessment Policy Change 9. Approve Ordinance 10 Amendments 10. Award Bid/We11 #5/94-14 11. Approve Plans & Specs/95-1jWoodland Creek 5th Addition Reports of Staff, Committees, Commissions 12. Labor Contract update 13. Set Meeting w/BKPR/City Hall 14. Personnel Policy Rewrite Non-Discussion/Consent Items 15. Hire parks Department Employee/public Works 16. Amend Ordinance 19 Adopting 1994 Minn. State Bldg. Code 17. Approve 1995 G.O. Improvement/Request Bids 18. Approve 1995 Equipment Certificate 19. Approve Refunding of 1985B G.O. Imp. Bonds/Request for Bids 20. Release Escrow/Crown pointe East/94-22 Mayor-Council Input Payment of Claims Adjournment / AGENDA ton SECTION Approval of Minutes city Clerk ITEM ton CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE April 4. 1995 ORIGINATING DEPARTMENT Approval of Minutes V. Vo1k ~~. APPROVED FO~NDA BY: The City Council is requested to approve the following minutes: March 21, 1995 Marc'h 21, 1995 I MOTION BY: Regular Meeting (Kunza absent) Executive Meeting (Kunza absent) SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 4, 1995 Discussion Items Planning . -=tLlb BY~' . Davld L. Car erg, Planning Director APPROVED FOR AGENDA AGENDA fo.O. SECTION ORIGINATING DEPARTMENT ITEM fo.O. Amend Ordinance No.8, Sections 3.02, 4.30 and 7.03. I. REQUEST The City Council is asked to review the attached amendments to Ordinance NO.8, Sections 3.02, 4.30 and 7.03. GENERAL REVIEW Section 3.02 Definitions ) The proposed amendment would add a definition for therapeutic massage and therapeutic massage establishment. The amendment would also add therapeutic massage establishments to the definition of retail trade and services. Section 4.30 Home Occupations The proposed amendment would add cabinet making/wood working and therapeutic massage as home occupational uses. Section 7.03 Special Uses Said amendment would allow therapeutic massage as a home occupation in residential districts. PLANNING COMMISSION REVIEW The Planning and zoning Commission on March 14, 1995, reviewed the proposed amendments to Ordinance No. 8 and recommends to the City Council approval of the amendments. Attached for Council review is the staff report and minutes from Planning and zoning commission meeting. I MOTION BY: SECOND BY: \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 3.02 DEFINITIONS ) Retail Trade and Services: Stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies, auto accessories, bakeries, barber shop, beauty parlor, bicycles, books and stationary, candy, cameras and photographical supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotels and apartment hotels, interior decorating, jewelry, including repair, laboratories, medical and dental research and testing, laundry and dry cleaning pick-up, processing to be done elsewhere, laundromat, leather goods and luggage, locksmith shops, musical instruments; office supply equipment, optometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant, when no entertainment or dancing is provided, shoes, sporting goods, tailoring, theater, except open air drive-in, therapeutic massage establishment, tobacco, toys, variety stores, wearing apparel and similar type uses. / the , I ) Page Two Amend Ordinance No. 8 Ci ty Council April 4, 1995 SECTION 4.30 HOME OCCUPATIONS (B) General provisions Home occupation uses may include office uses, repair services, photo or art studio, dressmaking, cabinet Makin /wood workin , therapeutic massage or teaching lim~te to tree stu ents at anyone time and similar uses. Such home occupations shall include the following conditions: (Note: conditions 1-10 shall remain as written and adopted by the City Council.). SECTION 7.03 SPECIAL USES. RESIDENTIAL DISTRICTS Barber Shop Beauty Shop Cemeteries J Christmas Tree Sales Churches Clubs and Lodges Colleges and Similar Institutions Commercial Greenhouse Craft and antique businesses in R-4 Districts in buildings designated as historical sites by a county, state or nationally recognized historical organization Day Nurseries (thirteen [13] or more children Dog Kennels in R-l District Only Excavations except when a building permit has been issued Golf Course , Highway Construction Materials (processing and storage) Home Occupations, on a parcel of land three (3 a.) acres or larger, utilizing an accessory structure and/or exterior storage. Marinas , Page Three ) Amend Ordinance No. 8 City Council April 5, 1995 Public utility uses or structures except when located on a public right-of-way Rest Homes Riding Stables storage buildings for boats, snowmobiles, or similar vehicles in R-5 only Therapeutic massage as a home occupation Two-Family home conversions (R-4 Districts only) Two-Family homes in R-4 and R-5 Districts only when lot locations are established and approved on original plat , 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 this 4th day of April, 1995. / CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victorla Volk, Clty Clerk , , ,! ~ , "\ , ....,......~-. \ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 , / CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - MARCH 14, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Randy Peek on March 14, 1995, 7:08 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Catherine Doucette, Bev Jovanovich, Jeffrey Luedtke, Jerry Putnam Jay Squires City Code Enforcement Officer, Jeff Johnson City Planning Director, David Carlberg Others Commissioner absent: Also present: APPROVAL OF MINUTES February 28, 1995: Correct as written. '. MOTION by Jovanovich, Seconded by Doucette, to approve the Minutes. Motion carried on a 5-Yes, I-Present (Apel), 1-Absent (Squires) vote. / PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTIONS 3.02, 4.30 AND 7.03 7:09 p.m. Mr. Carlberg reviewed the proposed amendments: Section 3.02, add a definition for therapeutic massage and therapeutic massage establishment; Section 4.30, add cabinet making/wood working and therapeutic massage as home occupation uses; and Section 7.03, allow therapeutic massage as a home occupation in residential districts. ) MOTION by Apel, Seconded by Luedtke, to open the public hearing. Motion carried on a 6-Yes, I-Absent (Squires) vote. Skip Rither, 17410 Blackfoot Street NW - stated he talked with Mr. Carlberg about his concern with the proposal to allow wood working as a home occupation. He related a court issue in 1967 regarding a cabinet shop operating out of a home on 4065 165th Avenue, which is zoned R-3. He provided the court documents, which after a year the owner was told to cease and desist his operation in his garage. Part of that came about because of the nature of cabinet making and wood working as a home occupation. Mr. Rither reviewed the definition of home occupation and the types of uses that are appropriate; but he did not think cabinet making and wood working fit in with that definition because they are really manufacturing, taking raw material and turning it into a product to be sold for a profit. It is in basic conflict with the smaller sized lots because of the disruptions due to traffic, noise of the equipment, retail sales, and number of employees. He questioned whether a minimum of three acres will always be adequate as the City develops to avoid the conflicts. Such uses are allowed in the commercial areas, and those areas are where he felt these uses should be directed. If the uses are ~ Regular Andover Planning and Zoning Commission Meeting / Minutes - March 14, 1995 Page 2 (Public Hearing: Amend Ordinance 8, Continued) allowed in residential areas, at what point will they be stopped and at what point is it too intense for that area? When people buy their property, they can rely on the ordinance and are assured of the peace and quiet in a residential area. This suddenly introduces a conflict. Also, Mr. Rither felt it is inappropriate that any revocation of a Special Use Permit for these uses should be based on neighbors' complaints. Most people do not like to complain because they do not want to disrupt the relationship in the neighborhood. It is unfair to place the burden on the homeowners. Finally, as a matter of public policy, he did not think the City should encourage or allow the migration of these industrial uses into the residential area. He urged the Commission to continue allowing these uses in the commercial zones and not to subordinate the rights of adjacent property owners to satisfy the desires of another. Considering the health, safety and welfare of all residents, he didn't think the proposed change is truly in the best interest of the residents of the City of Andover. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Squires) vote. 7:22 p.m. \ ) Mr. Carlberg explained the cabinet making and wood working uses are limited to lots of three acres or more, which virtually eliminates the R-4 zones. Also, the number of employees is limited to one other person other than family members, the space inside the accessory building and outside storage combined is limited to 800 square feet, and the setback requirements are larger than normal. These controls, plus others established through the Special Use Permit process such as hours of operation and noise, have been established to protect and screen the neighboring residents. It also prevents the business from expanding beyond a home occupation. The City's policy over the last three years has been to allow these uses, plus a process is in place should it become necessary to revoke a Special Use Permit. The Planning Department has received no complaints on them. , , , ) Commissioner Apel felt the basic philosophy has changed to allow cottage industries, and the City has installed various safeguards to prevent the problems that occurred in the 1960s. These activities have gotten the support of the Council over the past few years under the "similar uses" phrase of the ordinance. This amendment merely clarifies the City's position that they are allowed by adding that specific language. He felt the operator in the court case presented by Mr. Rither was not being a good neighbor and that the City now has a means to shut it down if that same problem were to occur. Mr. Rither - asked if these uses are included as home occupations, where does it stop? Will sheet metal and auto body shops be allowed? Because the City doesn't get any complaints doesn't mean there aren't problems, because many people will not want to complain. He did not think it was fair to subject the residents to being responsible for problems by having to complain. He felt it would be better to allow them only in the commercial areas because of the nature of those businesses. , Regular Andover Planning and Zoning Commission Meeting / Minutes - March 14, 1995 Page 3 (Public Hearing: Amend Ordinance 8, Continued) Acting Chairperson Peek reviewed the background of past requests for cabinet making and wood working, the restrictions established, and the support of the Council. The Commission and Council have the same concerns raised by Mr. Rither, which have been addressed through the Special Use Permit process. He also explained that the amendment simply adds the specific language of what has been allowed. Mr. Rither - understood the Commission is trying to accommodate the use, but his position is that the nature of the business is not compatible with the surrounding residential area. Acting Chairperson Peek felt that is a difference of opinion, but the City's policy for the past two years has been that the uses are appropriate given certain restrictions. Mr. Rither - suggested it is time to rethink that policy and get back to the original intent of the ordinance, which was to provide residents with some assurance when they bought their properties that they could expect certain things to occur. He again expressed his opinion that the philosophy should be to accommodate these uses in the industrial zones and attempt at all costs to avoid a conflict with the residential areas. MOTION by Apel, Seconded by Putnam, to recommend that the ordinance changes be forwarded to the City Council with our recommendation of approval; and note there was a public hearing and that we did have opposition from one gentleman. Motion carried on a 6-Yes, 1-Absent (Squires) vote. This item will be placed on the April 4, 1995, City Council agenda. 7:42 p.m. ) - THERAPEUTIC MASSAGE ORDINANCE erg pointed out two changes since this was reviewed by the ission at their November 22, 1994, meeting: 1) Page 4, Se on 6, a 3, Insurance - After talking with the City Attorney, Mr. r1berg proposed the paragraph be changed to read: Each applicant a license shall file with the City a public liability insuranc olicy or certificate of insurance from a company authorized t do business in Minnesota, insuring the applicant against any d all loss arising out of the use, operation, or maintenance 0 he Therapeutic Massage Establishment. The policy of insurance sha be in limits of not less than $500,000. Failure to keep in fu force and effect the insurance required herein is grounds for rev tion. , 2) Page 4, Section h, 1 d - language has een added to include a background check from the Bureau of Crimina Apprehension prior to the issuance of the license. , J Mr. Carlberg stated the feeling was it would be It to obtain a $1,000,000 insurance policy, and that $500,000 would 13 sufficient. Acting Chairperson Peek asked about restricting the scale of the operation. Mr. Carlberg stated there is nothing that specifically , ) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION AcnON AGENDA ITEM 3. Public Hearing Amend Ord. No. 8 Sections 3.02, 4.30 & 7.03. DATE ORIGINATING DEPARTMENT March 14, 1995 APPROVED FOR AGENDA Planning David L. Carlberg BY: Planning Director BY~ REQUEST The Andover Planning and zoning Commission is asked to review the attached amendments to Ordinance No.8, Sections 3.02, 4.30 and 7.03. REVIEW Section 3.02 Definitions '. ) The proposed amendment to section 3.02 would add a definition for therapeutic massage and therapeutic massage establishment. The amendment would also add therapeutic massage establishments to the definition of retail trade and services. Note: Retail trade and services are allowed as a permitted use in NB, Neighborhood Business, SC, Shopping Center and GB, General Business Districts, and by Special Use Permit in I, Industrial Districts. Section 4.30 Home Occupations The proposed amendment to Section 4.30 would add cabinet making/wood working and therapeutic massage as home occupation uses. Section 7.03 Special Uses Said amendment would allow therapeutic massage as a home occupation in residential districts. .J I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 D/2/tFI '3- I ,,\--q5' . y~"Z- ~~ AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. " THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 3.02 DEFINITIONS J Retail Trade and Services: Stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies, auto accessories, bakeries, barber shop, beauty parlor, bicycles, books and stationary, candy, cameras and photographical supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotels and apartment hotels, interior decorating, jewelry, including repair, laboratories, medical and dental research and testing, laundry and dry cleaning pick-up, processing to be done elsewhere, laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant, when no entertainment or dancing is provided, shoes, sporting goods, tailoring, theater, except open' air drive-in, therapeutic massage establishment, tobacco, toys, variety stores, wearing apparel and similar type uses. , or .j the / Page Two' Amend Ordinance No. 8 Planning and zoning Commission March 14, 1995 SECTION 4.30 HOME OCCUPATIONS . " (B) General provisions Home occupation uses may include office uses, repair services, photo or art studio, dressmaking, cabinet makin /wood workin , therapeutic massage or teaching lim~te to tree stu ents at anyone time and similar uses. Such home occupations shall include the following conditions: (Note~ conditions 1-10 shall remain as written and adopted by the City Council.). SECTION 7.03 SPECIAL USES. RESIDENTIAL DISTRICTS Barber Shop Beauty Shop Cemeteries J Christmas Tree Sales Churches Clubs and Lodges Colleges and Similar Institutions Commercial Greenhouse Craft and antique businesses in R-4 Districts in buildings designated as historical sites by a county, state or nationally recognized historical organization Day Nurseries (thirteen [13] or more children Dog Kennels in R-l District only Excavations except when a building permit has been issued Golf Course Highway Construction Materials (processing and storage) Home Occupations, on a parcel of land three (3 a.) acres or larger, utilizing an accessory structure and/or exterior storage. , J Marinas .' Page Three Amend Ordinance No. 8 Planning and zoning Commission March 14, 1995 Public utility uses or structures except when located on a public right-of-way ~ Rest Homes Riding Stables Storage buildings for boats, snowmobiles, or similar vehicles in R-5 only Therapeutic massage as a home occupation Two-Family home conversions (R-4 Districts only) Two-Family homes in R-4 and R-5 Districts only when lot locations are established and approved on original plat NOTE: All other sections of the zoning Ordinance shall remain as written and adopted by the City Council of the city of Andover. " J Adopted by the City Council of the City of Andover this of , 1995. day CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: V1ctor1a Volk, City Clerk , , J , I / , G) Regular Andover Planning and Zoning Commission Meeting Minutes - November 22, 1994 Page 15 , ) , /' (Public Hearing: Amend Ordinance 8, Sec 8.01, 8.08 & 8.24, Continued) does not come back until spring and there is a code violation~/~t puts a real burden on people who are retired and leaving the ar,e'a for the winter. Again, he'd like to see the ordinance redrawn ~aking these items into account; then possibly there would be more cooperation from the citizens. Residents from the audience shouted they did not want the ordinance at all. ' / Commission Putnam also wrote down six items to be addressed, but he didn't know the proper procedure to proceed at this point. Chairperson Squires asked if any Commissioners supported the ordinance as proposed. Commissioner Apel stated he'd like to kill,' it tonight. (applause) Chairperson Squires suggested on these types of issues in the past, a task force has been established of perhaps a member of the Planning Commission, of the City Council and residents to see if there is anything workable that could be put together to address the concerns. He felt there are some legitimate items of concern, that being it is too intrusive, too ambiguous, too vague and presented too many problems. Mayor McKelvey suggested after the first of the year that he appoint a committee consisting of two Councilmembers and at least nine residents from different areas of the City to look at this ordinance and work out an ordinance that will be satisfactory to everyone. (applause) Commissioner Dehn also asked that that be highly publicized. (applause) Commissioner Dehn and' Jovanovich WITHDREW their Second and Motion to close the public hearing. MOTION by Apel, Seconded by Jovanovich, that we table this item until after the holidays and until after a task force duly appointed by the Council as done sufficient research on this topic, together with the City Staff, ,so that they can bring back to us an ordinance that is more workable and feasible than this one. DISCUSSION: The Commission noted the public hearing will be continued 'indefinitely and the issue will come back at some point. Motion carried on as-Yes, 2-Absent (Pease, pee~vote. 9:37 p.m. ~ Commission recessed at this time; reconvened at 9:46 p.m. DISCUSSION - THERAPEUTIC MASSAGE ORDINANCE ) Mr. Carlberg noted the draft ordinance regulating therapeutic massage businesses in the City, which was derived from the ordinances of Elk River, Bloomington and St. Paul. The purpose is to get away from massage parlors and to incorporate massage therapy as a use within the City. He asked for direction on whether or not to distinguish between massage therapy in a commercial area, the use done within the home as a home occupation and the therapist who works off site going from business to business. The City of St. Paul distinguished between a Class A license for a commercial site and a Class B license for a home based operation which had more regulations attached to it. For both ... / Regular Andover Planning and Zoning Commission Meeting Minutes - November 22, 1994 ! Page 16 (Discussion - Therapeutic Massage Ordinance, Continued) commercial and the home occupation, there would be a license for the site as well as requiring the therapist to be licensed. Most cities require an off-site therapist to be licensed, but the individual sites are not licensed. Commissioner Apel felt that adding the feature distinguishing between commercial, home occupation and off-site therapist may complicate the understanding and the enforcement of the ordinance. He suggested it be treated as one as the draft indicates because it is easy to understand; and if there are problems, the ordinance can be amended in the future to be more specific. Commissioner Dehn asked if the State is going to license therapists. ) Cara Geist - stated there is a task force to work on that issue. The massage and body work community is hugh, consisting of massage therapists, oriental body workers, energy therapists, etc. They need to get unified and then take it to the State for approval. It will be a two- to three-year process. That is why individual communities are enacting these types of ordinances. There is no standardized training in massage, even for what she does as a massage therapist. Unfortunately, a cosmetologist can take an a-hour course on the weekend and call himself/herself a massage therapist. She is taking a very in- depth 600-hour course. But when the State takes it over, there will be a minimum standard for training. Until then, it needs to be clearly stated in the ordinance; and she was very impressed with this draft ordinance, that it is really very well prepared. Commissioner Dehn asked if this ordinance will allow the application of future State standards. Mr. Carlberg stated the ordinance can be amended to accommodate those requirements. This ordinance requires the therapist to have passed the National Certification Examination in Therapeutic Massage and Bodywork. Ms. Geist _ stated it requires 500 hours of training before taking that examination. She did note that on Page 5, Section 2a, it states within two years. Because the license is good for four years, she suggested that the two years be changed to four years. The Commission agreed. The Commission discussed several other sections of the ordinance with Ms. Geist, after which everyone agreed that the provisions are acceptable as written in the draft. There was a question of insurance on Page 4, Section 3. Ms. Geist suggested the paragraph be changed to "Every application for a license shall be accompanied by proof of liability insurance from a company authorized to do business..... She also listed the benefits of belonging to a non-profit professional organization in the field and felt that may be a good requirement to list.in the ordinance. The Commission did not feel the ordinance should require membership to an organization, but an applicant may submit a copy of their insurance through their organization to be approved by the City Attorney. Mr. Carlberg was asked to check with the City Attorney on that paragraph as to the appropriate wording to protect the City. 'j , / R~gular Andover Planning and Zoning commission Meeting Minutes - November 22, 1994 Page 17 (Discussion - Therapeutic Massage Ordinance, Continued) " " commissioner Jovanovich asked about stipulating the minimum age of 18 for applicants versus using age 21. Ms. Geist explained a high school graduate must meet the education requirements, which means he or she would probably not be eligible to take the examination until age 19 or 20. Plus a person must be at least 18 years old to take the National Certification Exam. Mr. Carlberg stated 18 was the standard used in all the communities. There are also instances when people graduate from high school at a younger age, plus the legal age of adulthood is 18. The Commission did not see an issue with age 18. Ms. Geist asked about Section 7,1, whether it refers to actual laws on morals. Mr. Carlberg stated the City has a high risk sexual conduct ordinance; and if someone is found guilty of a law that affects the public health, safety or morals, it would be grounds for denial of a license. " Ms. Geist asked what the annual fee would be. Mr. Carlberg was not sure at this point, but he thought $100 plus a $50 investigation fee would be the annual fee for a therapist. It would be more for a commercial operation where a number of therapists would be licensed. Chairperson Squires suggested a provision be added on Page 4, Section b, 1, d, requiring a criminal background check from BCA to be conducted prior to licensing. Mr. Carlberg agreed to add a provision for that. MOTION by Dehn, Seconded by Jovanovich, to direct Staff to make the changes discussed tonight for Massage Therapists Ordinance as drafted and forward it onto the Andover City Council with those changes. DISCUSSION: The Commission also felt that for the home occupation portion, the use should be allowed by Special Use Permit. Mr. Carlberg stated if that is the case, the Zoning Ordinance will have to be amended to include massage therapists as a special use. He will not fo~~ard this to the City Council until the hearings are held on the Special Use Permit provision. ) Commissioner Dehn ADDED to the motion: Add the Special Use Permit process for home occupations. Second Stands. Motion carried on a 5-Yes, 2-Absent (Pease, Peek) vote. OTHER BUSINESS Mr. Carlberg updated the Commission on the City Council's action at the November 15, 1994, regular meeting. , MOTION by Dehn, Seconded by Apel, to adjourn. Yes, 2-Absent (Pease, Peek) vote. The meeting "~rf:;~ful~y cfUbm):.~~L M\~~ec fdlJ(g Secretary Motion carried on a 5- adjourned at 10:35 p.m. \ ) Regular Andover City Council Meeting Minutes - January 3, 1995 Page 4 APPOINT PARK AND RECREATION COMMISSION MEMBERS AND CHAIR Tom Anderson, Jeff Kieffer and Al Grabowski reques~ed reappointment. APPOINT COUNCIL REPRESENT7ANOKA COUNTY HRA Councilmernber Knight.in~ated a willingness to serve; however, he would not be able to atten~eetings during the day. Mr. Carlberg stated the first meeting is. ~orrow morning at 8 a.m. in Spring Lake Park. He offered to atte~that meeting and find out how often they will meet and at what time.~The Council then asked that that information be brought back at t~~/january 17 meeting to consider the item again. MOTIO y Jacobson, Seconded by Dehn, that the City Council appoint Dave ~a erg to represent the City on the HRA subcommittee. Motion carried unanimously. ap' ~nt the Park Commission n to be the Chair for 1995. MOTION by Jacobson, Seconded by Dehn, to members for another term and name Torn Ande Motion carried unanimously. ~ '<Js) SPECIAL USE PERMIT/HOME OCCUPATION/2439 SOUTH COON CREEK DRIVE/PADDOCK Mr. Carlberg reviewed the request of Robert Paddock for a Special Use Permit to operate a home occupation in an accessory structure at 2439 South Coon Creek Drive NW. Mr. Paddock wishes to build fireplace surrounds and cabinetry. The Planning Commission has recommended approval with conditions. Several other similar Permits have been approved in the last three to four years. The Commission has also asked for direction on amending the ordinance to specifically include woodworking and cabinetry rather than include the use under "other similar uses". Robert Paddock - stated he has a purchase agreement on the property contingent upon the approval of this Permit. The accessory building is already on the property, and he is aware of the 800-square-foot requirement. Mr. Carlberg also noted the conditions noted in the Resolution are ordinance requirements. He believed the 3-acre requirement is because that is the minimum acreage allowed f.or pole buildings. This parcel is about 5 1/2 acres. MOTION by Jacobson, Seconded by Knight, Special Use Permit. (See Resolution unanimously. . ,~~ In discussing the request of the Commission to clarify the ordinance, '\. I Councilmernber Jacobson felt it is the Commission who should look at it \ /~ and make a recommendation to the Council, rather than the Council ~ directing them to make a change. The Commission had looked at the Horne ~ Occupation Ordinance a year or so ago and recommended no change. If they wish to look at it again, he thought they should do so. Mr. Carlberg stated Staff will bring it back to the Commission to review again. the Resolution granting the R004-95) Motion carried \ / (f]"'~'.:o"'.'''." , " 6 - ~ ' ... .. ' ~'''.,.: ~... CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - DECEMBER 13, 1994 MINUTES " " The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on December 13, 1994, 7:05 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioner absent: Also present: Maynard Apel, Bonnie Dehn, Bev Jovanovich, Randy Peek, Jerry Putnam Becky Pease City Planning Director, David Carlberg Others Commissioners present: APPROVAL OF MINUTES November 22, 1994: Page 15, Motion by Apel, change vote to "Motion carried on a 4-Yes, i-No (Dehn), 2-Absent (Pease, Peek) vote." I MOTION by Jovanovich, Seconded by Dehn, corrected. Motion carried on a 5- Yes, (Pease) vote. to approve the Minutes as i-Present (Peek), i-Absent PUBLIC HEARING: SPECIAL USE PERMIT - HOME OCCUPATION IN AN ACCESSORY STRUCTURE - 2439 SOUTH COON CREEK DRIVE - ROBERT PADDOCK 7:02 p.m. Mr. Carlberg reviewed the request of Robert Paddock to operate a home occupation in an accessory structure at 2439 South Coon Creek Drive. The property is zoned R-4 and is approximately 5.4 ac=es. Mr. Paddock, whose' occupation is to build fireplace surrounds and some cabinetry, wants a horne-based business due to his family's health needs. The question is whether the request meets the intent of the City's ordinance. He provided a copy of the Council's concerns with allowing some home occupations in accessory buildings as discussed at the May 17, 1994, regular meeting. The City has approved two or three other Permits that have been similar in nature having to do with woodworking and cabinetry. Mr. Carlberg reviewed the applicable ordinances and criteria to be examined. If the Commission chooses to recommend approval, he suggested 12 conditions be added to the Permit. , j Commissioner Peek questioned the limitations on the size of accessory structures in an R-4 zone. Mr. Carlberg stated even though this is an R-4 zone, it is outside the MUSA where total coverage of all structures is considered. That is not exceeded in this case. He then reviewed several Special Use Permits that have been granted in the last two to three years that have been similar in nature. No complaints have been received on any of those activities. They are all on large lots and the applicants had talked to the neighbors prior to the activity. The reason for the concern is whether the woodworking and cabinetry activity is outside of the intent of the ordinance. " / \ / Regular Planning and Zoning Commission Meeting Minutes - December 13, 1994 Page 2 (Public Hearing: Special Use Permit, Home Occupation, 2439 South Coon Creek Drive, Continued) " MOTION by Dehn, Seconded by Putnam, to open the public hearing. Motion carried on a 6-Yes, 1-Absent (Pease) vote. 7:15 p.m. Robert Paddock - stated he lives in Anoka right now and has been doing this for five years. In August he became aware of the need for a Permit in Anoka, but their ordinance specifically excludes carpentry work as a home occupation. He lives along the Mississippi River in an urban setting and has been doing this full-time for 1 1/2 years. Many of his neighbors didn't even know he was operating the business except the very close ones which he talks to. Noise has not been a problem. He feels it is necessary that he work out of his home. He has not had an employee yet; but because of his wife's health, he felt he may need one other person at some point. There is very little traffic. He expected a Speedy Delivery or UPS truck once a week and a lumber truck about once every three months. He does not do retail work, even discouraging it, other than by word of mouth. All orders are taken by fax and billed by mail. , In response to questions by the Commissioners, Mr. Paddock stated he had hoped to use the entire accessory structure for the business; but he now realizes he can only use 800 square feet of it. The building is already partitioned off. It is a stick frame garage which he will need to insulate, heat and make some modifications. He is planning to purchase the proper-c.y contingent upon approval of this Permit. There would be no outside storage. The only vehicle is a half-ton pickup which is his personal vehicle used for deliveries. The buildings on the lot are 300 'feet off the street and are quite secluded with a lot of vegetation all around. He did not see a problem with scrap material. What is not burned for heat is disposed in the regular dumpster. He has not had a problem of exceeding the disposal limit. He does not generally have specific hours of operation. It depends on the family activities. He likes to get the children off to school in the morning, so he may start at 10 a.m. It is unusual to work in the evenings; and if he does, it is not beyond lOp. m. He asked if the hours of operation must be stipulated. ./ Commissioner Apel felt in a situation such as this, it is not necessary to stipulate hours of operation. The reason for the home-based operation is to have that flexibility. As long as there is no noise problem, he didn't feel the City should be dictating hours of operation in this case. Mr. Carlberg noted there are other ordinances that would cover problems that may arise from the hours of operation such as the Noise Ordinance regulating noise from 10 p.m. to 7 a.m. The City is not required to stipulate hours of operation. In looking at other similar requests, the only difference is the zoning designation. This is R-4, though it is large acreage. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, l-Absent (Pease) vote. 7:25 p.m. , ) Regular Planning and Zoning Commission Meeting Minutes - December 13, 1994 Page 3 (Public Hearing: Special Use Permit, Home Occupation, 2439 South Coon Creek Drive, Continued) " Commissioners Peek, Apel and Dehn pointed out the request is consistent with the interpretation of the ordinance in the past when similar uses were granted. They also felt that the conditions proposed would cover any of the problems that may arise. Commissioner Jovanovich had a concern with these types of businesses located in a residential area. She noted Brooklyn Center has an industrial area where small businesses can rent space. Andover does not have such an area where small businesses can go. Commissioner Apel argued in this case the applicant wants to be close to his family because of health problems. Forcing them to rent space in an industrial area overlooks the major reason why people want home occupations. He also noted that concept has been tried in other places and were unsuccessful. People want home occupations for convenience and economic considerations. Once they have to take on the overhead of rent, the occupation fails. He felt the Special Use Permits can take care of any concerns that may arise. Commissioner Jovanovich has seen small industrial areas with rental space be successful, and such an industrial area also adds to the tax base. Commissioner Peek stated the City has a relatively liberal home occupation ordinance in , that it is willing to allow the residential area as an incubator for . / small businesses. Mr. Carlberg noted once the business exceeds the requirements of a home occupation, then it would be appropriate to move into a commercial area. Chairperson Squires was concerned with the language in the ordinance. It appears the woodworking and carpentry uses are conducive to the larger lot areas, and they have been allowed. He thought the Commission should suggest to the Council that a provision be included in the ordinance allowing things like this in large-lot areas, perhaps irrespective of zoning. He isn't necessarily opposed to the application; but it is another situation where the "repair" category doesn't fit. The Commission generally agreed but noted that direction should come from the elected officials. In discussing the issue further, Mr. Carlberg stated he receives few complaints on home occupations that have received Special Use Permits. He agreed an amendment is needed to the ordinance to allow the carpentry and cabinetry work to a degree. , Commissioner Dehn asked if it would be appropriate to add a prov~s~on to allow crafts and other cottage industries as home occupations as well as carpentry. The Commission felt that would be too broad. Care must be taken not to open it up to uses that the City does not want. MOTION by Peek, Seconded by Apel, that the Planning and zoning Commission forward to the Andover City Council the recommendation for approval of the Special Use Permit requested by Robert Paddock to operate a home occupation, which is to build fireplace surrounds and miscellaneous cabinetry, to be conducted in an existing accessory structure located at 2439 South Coon Creek Drive, legally described as The East 496.5 feet as measured along the South line thereof, of the Southeast Quarter of the Northeast Quarter of Section 28, Township 32, Range 24, lying South of the centerline of County Ditch No. 57, also , ~ , ) , / '. , J Regular Planning and Zoning Commission Meeting Minutes - December 13, 1994 Page 4 (Public Hearing: Special Use Permit, Home Occupation, 2439 South Coon Creek Drive, Continued) " " known as Coon Creek, Anoka County, Minnesota. The Commission finds that the request meets the intent of the criteria established in Ordinance No.8, Section 4.30 and 5.03. The Commission also finds that the use is permitted by special use under Ordinance No.8, Section 7.03r Residential Districts. The public hearing was held and there was no negative comment. Testimony was given by the applicant. The Special Use Permit shall contain the following conditions, No. 1-12 contained in the packet. Add No. 13 that the Special Use Permit is contingent upon the purchase of the property by Mr. Paddock. Motion carried on a 6-Yes, I-Absent (Pease) vote. ,,- MOTION by Peek, Seconded by Jovanovich, that the Planning Commission forward a request to the City Council for consideration of Ordinance 8, Section 4.30, Home Occupations, to receive direction since we have had three similar applications for this type of use within the last 18 months, that it should be studied to review the ordinance to accommodate. Motion carried on a 6-Yes, I-Absent (Pease) vote. 7:38 p.m. Mr. Carlberg noted this will be placed on the January 3, 1995, City Council agenda. , OTHER BUSINESS Mr. Carlberg updated the Commission on the actions taken by the City Council on Planning Commission items at its December 6, 1994, meeting. Mr. Carlberg noted the terms of Chairperson Squires and Commissioner Apel expire on December 31, and they have reapplied for their positions. The Council chose not to appoint new Commissioners to allow the new Council to do so. In addition, Commissioner Dehn has resigned her position, which must be filled. The ordinance states the Commissioners are to continue to serve until reappointed or the position is filled. Mr. Carlberg stated there is one item for the if the applicant is willing to hold the item December 27 meeting will be cancelled. Commissioners when the decision is made. December 27 meeting; and over until January, that He will contact the Commissioner Jovanovich had pictures of a housing development built among high power lines in Tacoma, Washington. people have been experiencing problems with garage doors opening and closing, lights going on and off, etc., as a result of the power lines being 40 feet from houses and garages. The City has since changed their ordinance Commissioner Dehn stated she has received calls complaining about snowmobiles. Mr. Carlberg stated the Council has requested the Commission review the ordinance again. The biggest issue is in the urban area. A public hearing is scheduled for January 10 to receive public testimony on the ordinance. The Commission asked that the hearing be well publicized and that the snowmobile clubs be contacted. , I _/ ( @ , , . I , \ j Ordinance NO.8, Section (H) All other exterior storage shall be limited to items offered for sale provided they are within yard requirements and are located in containers such as tire racks, metal trays, and similar structures designed to display merchandise. ~ (I) The entire site other than that taken up by a structure or planting shall be surfaced with asphalt, concrete, or other material approved by the governing body. (J) All structures and grounds shall be maintained in a neat, orderly, clean, and safe manner. (K) Pump islands are subject to yard requirements. 4.30 Home occupations (A) Intent: Planning principles protect the public interest in part by avoiding land use conflicts. One such conflict involves differences between commercial activities and residential activities. This confrontation has commonly been resolved by relegating commercial activities to commercial zoning districts. However, some limited commercial activities have been allowed in residential areas, and have had no negative impact. The purposes of this section are to: 1) allow such limited passive commercial uses as would not detract from the character and integrity of residential neighborhoods; 2) identify conditions under which such uses may be permitted, and 3) continue to require all other commercial uses to be located only in commercial zoning districts. (B) General Provisions Home occupation uses may include office uses, repair services, photo or art studio, dressmaking, or teaching limited to three (3) students at anyone time and similar uses. Such home occupations are subject to the following conditions: 1. The number of employees shall be limited to one (1) person on site in addition to family members. 2. The area within the principle structure used by the home occupation shall not exceed twenty (20%) percent of the dwelling'S livable floor area. Basements may be included if they meet all Uniform Building Code requirements for ingress and egress. 3. On-site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. 4. Any interior or exterior alterations of a dwelling for a 'home occupation shall be prohibited, except those customarily found in a dwelling. Page 34 Ordinance No.8, Section 5. Vehicles associated with a home occupation shall be limited to one (1) vehicle on the premises and as set out in Section 8.08. , / ( , 6. Unusual parking and traffic patterns shall not be created, which are not normally found in the neighborhood, and in no case, shall the need for more than three (3) additional vehicles be created on the property. 7. Signs shall be regulated as set out in Section 8.07. 8. A Special Use Permit shall be required for any home occupation that is located in an accessory structure and/or that requires exterior storage. These home ~ccupations shall be subject to the following conditions: a. The size of the lot shall be three (3 a.) acres or larger. b. The specific location and size of an accessory structure and/or outside storage area shall be as allowed by the City. c. The combined square footage of the ~ccessory structure and outside storage area shall not exceed eight hundred (800 s.f.) square feet. , , d. Setbacks of the accessory structure and outside storage area shall be of a magnitude found necessary by the City, but in no case shall it be less than one hundred (100') feet front yard setback, thirty (30') feet side yard setback, and fifty (50') feet rear yard setback or as required in Section 6.02. e. The outside storage area and all vehicles, materials and equipment being stored there shall be fenced, landscaped and screened in such a manner as to prevent it from being visible at any time of the year from road right-of-ways, public properties and surrounding properties. 9. In acting upon an application for a Special Use Permit, the City Shall consider: a. The effect of the proposed use upon the health, safety and general welfare of the city including but not limited to the factors of noise, glare, odor, electrical interference, vibration, dust and other nuisances; fire and safety hazards; existing and anticipted traffic conditions; and parking facilities on adjacent streets and land. b. The effect on surrounding properties, including valuation, aes~hetics and scenic views, land uses, character and integrity of the neighborhood. c. Consistency with the Andover Comprehensive plan and Development Framework. , I , / Page 35 Ordinance No.8, Section r d. The impact on governmental facilities and services, including roads, sanitary sewer, water and police and fire. e. The effect on sensitive environmental features including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils; and other factors as found relevant by" the city. 10. The Special Use Permit is valid for one (1) year from date of issuance unless otherwise specified in the Resolution for approval and thereafter shall be automatically renewed each year unless objections or complaints are received from neighboring property owners, the city Councilor city staff and a request for review is made. C. Inspection & Revocation: 1. The City may at any time inspect the Home occupation to determine if the applicant is strictly adhering to the Special Use Permit and the conditions thereof. If it is found that the permit and the conditions of the permit are not being adhered to, the applicant shall be notified in writing by the City and given ten (10) days to come into strict compliance. If compliance is not achieved after that ten (10l day period, the City council shall hold a public hearing to consid~r the matter and may revoke the Special Use Permit. , / ~ D. vested Rights: No Home Occupation allowed by Special Use Permit shall confer upon any person or to the benefit of any property any vested right to that use, rather the use shall remain subject to all conditions of the permit as established by the City. The City may find it necessary from time to time to review the conditions of the permit as they relate to the protection of the general welfare of the community. (8H, 7-1-80; 8MMM, 5- 15-90) 4.31 Exterior storage In all districts, the governing.body may order the owner of property to apply for a Special Use Permit to conduct an open storage use, including existing uses, provided it is found that said use constitutes a threat to the public health, safety, convenience, morals or general welfare. 4.32 Quasi-Public Structures \ , J No quasi-public structure shall be located within the public right-of-way except by permit issued by the governing body. Such structure shall include but not be limited to trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light standards, stairs, stoops, light wells, loading wells, signs, and others. Page 36 , I / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 14, 1995 at the Andover City Hall, 1685 Crosstown, Blvd. NW, Andover, MN to discuss and possibly amend the following Sections of Ordinance No.8, the Zoning Ordinance. Section 3.02 Definitions Said amendment would provide for a definition of therapuetic massage. \ / Section 4.30 Home Occupations Said amendment would allow cabinet making and similar uses as a home occupation. Section 7.03 Special Uses Said amendment would allow therapuetic massage by Special Use Permit. All written and verbal comments will be received at that time and location. Additional sections relating to said sections of the Zoning Ordinance may be amended as deemed necessary. ~ 1!:4? Victoria Volk, City Clerk Publication dates: March 3, 1995 March 10, 1995 \ / . ...~ '.. CITY OF ANDOVER REQUEST FOR COUNCn.. ACTION DATE Aoril 4. 1995 AGENDA tQ SEcnON ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Planning ~ ~ BY:_ David L. Carlberg C\ :~ Planning Director R}f ITEM tQ Ordinance No. 109 An Ordinance Regulating Therapeutic Massage c5(. The City Council is requested to review and approve Ordinance No. 109, An Ordinance Regulating Massage Businesses and Services within the City of Andover. Attached please find the following: 1. Ordinance No. 109 2. Resolution setting fees. 3. Background information from the Planning & zoning Commission. The Planning and zoning Commission has discussed and reviewed ordinances regulating massage businesses and services over the past year. The ordinance before the Council this evening is a result of those meetings. The Planning and zoning Commission is recommending to the City Council approval of the ordinance. MOTION BY: SECOND BY: , , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 109 AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. The City Council of Andover does hereby ordain: SECTION 1, PURPOSE. The purpose of this Ordinance is to prohibit massage businesses and services to the public except those licensed as Therapeutic Massage Establishments and Therapeutic Massage Therapists pursuant to this Ordinance. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health, safety and the general welfare of the people of the city. The purpose, of this Ordinance is not intended to impose restrictions or limitations on the freedom of protected speech or expression. SECTION 2. FINDINGS. . j It is hereby found that within the City of Andover there is a need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: (a) Persons who have a bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. (b) Health and sanitation regulations governing therapeutic massage establishments and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. (c) License qualifications for and restrictions on therapeutic message establishments and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. I (d) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. (e) Massage businesses which employ persons with no specialized and standardized training can tax city law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. SECTION 3. DEFINITIONS. , , / The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: Clean - The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Good Repair - Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good sound condition. Massage Therapist - A person who practices or performs therapeutic massage on a person for compensation and meets the licensing requirements set forth in this Ordinance. Off-site Massage Services - means massage services conducted away from a licenseQ massage establishment. Such off-site massage service locations shall include, but not limited to, businesses and private homes. Person - Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. Thera~eutic Massage - The practice of applying pressure on, or frict~on against, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of a mechanical or electrical apparatus appliance, or J device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparation, for the exclusive purpose of tension, stress, and pain relief, relaxation, increased range of motion, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above-described professionals, or beautician and barber who confine their treatments to the scalp, face, and neck. Therapeutic Massaae Establishment business of provi ing therapeutic public or as a private club. - An establishment in the massage services either to the SECTION 4. LICENSING REQUIREMENTS. Thera eutic Massa e Establishment License. It shall be or any person to ~rect y or ~n ~rect1y, upon any pretense or by any device, engage in the business of keeping, conducting, or operating any massage establishment within the City of Andover, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received except a therapeutic massage establishment as defined in Section 3 and then only after first obtaining a duly issued license therefor from the City. A person who operates an establishment described in this Ordinance without a valid license issued by the City shall be guilty of a misdemeanor offense. j Page 2 ';F:,: , . ~.- ,- . .",f>'~.~, .:- .. ...~.,;. A therapeutic massage establishment or therapist license is not required for the following persons and places: 1. A health care facility licensed by the State of Minnesota. 2. A health care facility owned in whole or in part by the State of Minnesota or any of its agencies. 3. A medical clinic or hospital, so long as the massage is performed by a state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above-described professionals. 4. A physical therapy clinic or athletic facility, so long as the massage is performed by a state licensed physical therapist, athletic director, coach, or trainer. J 5. A beauty parlor or barbershop, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the scalp, face and neck. SECTION 6. LICENSE APPLICATION. An shall 1. Initial License A~plication. All initial applications shall be accompanled by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The names, addresses, and dates of birth of the owners, lesees, operators, massage therapists of the proposed therapeutic massage establishment; b. A legal description and location of the premises; c. Information as to the conviction of any crime or offense committed by anyone listed on the application; d. All applications by corporations shall include the names, addresses, and dates of birth of all persons having a beneficial interest therein; e. A description of services to be provided; f. Such other information as the City Council may require. Page 3 , Prior to consideration of the application by the city Council, an investigation shall be made by the Code Enforcement Officer and the Building Official to determine compliance with this Ordinance of all premises proposed to be licensed and by the Anoka County Sheriff's Department of all persons listed on the license application. / \ I 2. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. For a renewal, the applicant must provide full information as required for the initial licenses for any new owners, lesees, operators or massage therapists proposed to be involved in the massage business, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lesee, operator or massage therapist. The Code Enforcement Officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. 3. Insurance. Each applicant for a license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the Therapeutic Massage Establishment. The policy of insurance shall be in limits of not less than $500,000. Failure to keep in full force and effect the insurance required herein is grounds for revocation. An be at 1. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The name, age and address of the applicant; b. The length of experience in this occupation and the past places of employment and position held; c. A description of any crime or other offense, including the time, place, date and disposition, for which the applicant has been arrested and convicted; and ) d. A statement as to whether the individual has had any license denied, revoked or suspended in the City of Andover or the state of Minnesota, the reason therefore and the business activity or occupation of the individual subsequent to such suspension, revocation or denial. A background check from the Bureau of Criminal Apprehension may be required prior to issuance of the of a license. Page 4 / The license application shall thereafter be reviewed by the city Clerk, Anoka County Sheriff's Department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Clerk who will submit all of the reports and recommendations to the City Council. The Council shall either grant or deny the license. 2. Educational Requirements. Each applicant for a therapeutic massage therapist license shall furnish with the application proof of the following: a. Verification that the applicant has passed the National Certification Examination ,in Therapeutic Massage and Bodywork within four years prior to the date of the application. 3. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. The Code Enforcement Officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. SECTION 7. ADVERSE ACTION; GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION. 1 ) 1. It shall be grounds for denial of the application or for revocation or suspension of the license if the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that apply to the public health, safety, and morals. J 2. It shall be grounds for the denial, revocation or suspension of the license if convicted of any violation, reasonably related to the licensed activity and/or occurring on the licensed premise, of any city ordinance or federal or state statute. 3. It shall be grounds for the denial, revocation or suspension of the license if there is fraud or deception involved in the license application. 4. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be in control or possession of any alcoholic beverages or narcotic drugs and controlled substances on the premises for which they are licensed to operate, possession which is illegal as defined in Minnesota Statutes or Andover City Ordinances. 5. It shall be grounds for the denial, revocation or suspension of the license if the licensee has evidenced in the past willful disregard for health codes and regulations. 6. It shall be grounds for the denial, revocation or suspension of the license if the applicant fails to provide all the information and certificates required by this Ordinance. Page 5 , ) / 7. It shall be grounds for the denial, revocation or suspension of the license if the licensee shall refuse to permit any authorized police officers or authorized members of the city to inspect the premises or operation. 8. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be violating provisions of this Ordinance. SECTION 8. SANITATION; APPOINTMENT CALENDAR; RULES AND REGULATIONS. 1. Sanitation. All licensed massage therapists conducting off- site massage services shall establish and maintain a supply storage facility containing any and all materials used in conducting off-site massage services. The Code Enforcement Officer, Building Official, and/or other City representatives shall have the right to enter and inspect the storage facility at all reasonable times. Rules as to required sanitation and storage shall be adopted in accordance with this Section. 2. Appointment Calendar. All licensed massage therapists shall keep a record of all off-site massage services performed. The record shall be legible, written in ink and in the English language. It shall include the name of the massage therapist, the name of the person(s) receiving massage services, the address where the massage service was performed and the date and time of such service. The record shall be maintained for a period of two (2) years from the date the massage service was performed. Such record shall be open for inspection by the City Administrator or his/her authorized representative at all reasonable times. 3. Rules, Regulations and Restrictions. All massage therapist licensees shall: 1. Display current licenses in a prominent place at the place of employment. 2. Not allow the licensed prem~ses to be open for business or allow patrons to be on the prem1ses between the hours of 11:00 p.m. and 7:00 a.m. of the same day. 3. Require that a person who is receiving a massage shall have their genital areas covered with an appropriate opaque covering. In addition to the above rules, regulations and restrictions, the City Clerk may upon notice and hearing promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this Ordinance to protect the public health, to provide for safe and sanitary operation of licensed therapeutic massage establishments, to provide for the safety of therapeutic massage and related massage equipment and for the proper training of persons employed in the operation of such massage establishments. Notice of the promulgation of such rules and the hearing date shall be given to all licensees, and notice of the hearing date published once in the legal newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when filed in the office of the City Clerk. Violation of such rules Page 6 shall be sufficient grounds for adverse action against licenses , issued under this Ordinance. / SECTION 9. MANAGER OR AGENT. Before a license is issued under this Ordinance the applicant shall designate in writing a natural person who is to be manager and in responsible charge of the business and upon whom services of process may be made. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the City and Anoka County Sheriffs Department in writing of any change indicating the name, address and date of birth of the new manager and the effective date of such change. SECTION 10. SUBMISSION OF PLANS AND SPECIFICATIONS. All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as therapeutic massage establishments which are open to the public, shall comply with the requirements of the State Building Code and all amended codes. To the extent the Building Code or Fire Code do not impose more restrictive requirements, the provisions of this Ordinance shall govern. SECTION 11. CONSTRUCTION AND MAINTENANCE REQUIREMENTS. 1 I 1. Floors, walls, and equipment in massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in conjunction therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with locking devices and shall not be blocked or obstructed from either side. SECTION 12. VIOLATIONS AND PENALTIES. Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of any act constituting a violation of this Ordinance, whether individually or in connection with one or more persons or as principal or agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly, or willfully, induces causes, coerces, requires, permits, or directs another to violate any of the provisions of this Ordinance is likewise guilty of a misdemeanor. Each violation of this Ordinance shall constitute a separate offense. Conviction of a violation of this Ordinance shall be grounds for suspension or revocation of any license issued hereunder. j page 7 \ , , ~ J j SECTION 13, SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 14, VALIDITY AND EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and publication according to law. Adopted this 4th day of of the City o~dover. April , 1995, by the City Council CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk Page 8 / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION ESTABLISHING FEES FOR THE LICENSING OF THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS. The City Council of the City of Andover hereby ordains: The following therapeutic massage licensing fees are hereby established: Therapeutic Massage Establishment Single Application Fee - $200.00 Corporate Application Fee - $300.00 partnership Application Fee - $300.00 \ Renewal Fee for all the above - $150.00 J Note: The above fees include the investigation fee. Massage Therapist Annual License Fee - $150.00 Note: The investigation fee is included. Adopted by the City Council of the City of Andover on this 4th day of April, 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST ) Victoria Volk, City Clerk , Regul~r Andover Pl~nning ~nd Zoning Commission Meeting ) Minutes - M~rch 14, 1995 P~ge 3 (Public Hearing: Amend Ordinance 8, Continued) Acting Chairperson Peek reviewed the background of cabinet making and wood working, the restrictions stablished, and the support of the Council. The Commission and ouncil have the same concerns raised by Mr. Rither, which have b n addressed through the Special Use Permit process. He also explai Q that the amendment simply adds the specific language of what has b n allowed. Mr. Rither - understood the Commissio is trying to accommodate the use, but his position is that the natu of the business is not compatible with the surrounding residentia area. Acting Chairperson Peek felt that is a difference of opinio , but the City's policy for the past two years has been that the uses e appropriate given certain restrictions. Mr. Rither - suggested i is time to rethink that policy and get back to the original intent 0 the ordinance, which was to provide residents with some assurance hen they bought their properties that they could expect certain thi s to occur. He again expressed his opinion that the philosophy shoul be to accommodate these uses in the industrial zones and attempt at 1 costs to avoid a conflict with the residential areas. el, Seconded by Putnam, to recommend that the ordinance forwarded to the City Council with our recommendation of public hearing and that we did have Motion carried on a 6-Yes, 1-Absent e on t e Apr~ "' ) one gentleman. This' . :42 p.m. @ DISCUSSION - THERAPEUTIC MASSAGE ORDINANCE Mr. Carlberg pointed out two changes since this was reviewed by the Planning Commission at their November 22, 1994, meeting: 1) Page 4, Section 6, a 3, Insurance - After talking with the City Attorney, Mr. Carlberg proposed the paragraph be changed to read: Each applicant for a license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the Therapeutic Massage Establishment. The policy of insurance shall be in limits of not less than $500,000. Failure to keep in full force and effect the insurance required herein is grounds for revocation. Page 4, Section b, 1 d - language has been added to include a background check from the Bureau of Criminal Apprehension prior to the issuance of the license. 2) , , / Mr. Carlberg stated the feeling was it would be difficult to obtain a $1,000,000 insurance policy, and that $500,000 would be sufficient. Acting Chairperson Peek asked about restricting the scale of the operation. Mr. Carlberg stated there is nothing that specifically L~-'-- \ Regular Andover Planning and Zoning Commission Meeting ) Minutes - March 14, 1995 Page 4 (Discussion - Therapeutic Massage Ordinance, Continued) regulates the number of tables, but there are requirements on the number of employees, number of parking spaces allowed, etc. A license is required to perform therapeutic massage off-site, though a Special Use Permit would not be needed. Commissioner Putnam wondered if the specific reference should be made that the insurance has to be renewed annually and submitted with the annual license renewal. Mr. Carlberg thought that the need for on-going insurance is adequately stated in the new language for insurance and is not needed in Item 6 of Section 7 on grounds for denial, revocation or suspension of the license. Commissioner Putnam also cautioned the City to have a practice of checking out those insurance companies to be sure they are licensed in the State of Minnesota. Mr. Carlberg noted the City Clerk reviews that as part of the investigation. MOTION by Apel, Seconded by Jovanovich, to forward the Ordinance to the City Council with our recommendation of approval with the two changes as noted on the new language for insurance and the language added to include an investigation from the Bureau of Criminal Apprehension prior to issuance of the license. Motion carried on a 6-Yes, 1-Absent I (Squires) vote. This item will be placed on the April 4, 1995, City Council agenda. D DOG KENNEL OPERATIONS rlberg noted after reviewing ordinances from other commun~t~e , he has pr ared the proposed revisions to Ordinance No. 8 and Ordinance 53 to dist]; ish between a private and commercial dog kennel and to include a enclosure requirement per the discussion of the Commission at the Febru 28, 1995, meeting. The concern has been there is no distinction be~ ~n someone who wants to own four or more dogs as a private owner ver those who want to board or breed them. presently, the same procedure ~ required for both instances. Mr. Carlberg noted the pr osal to include a definition in Section 3.02 of Ordinance 8 for Dog Kenn Commercial, and Dog Kennel, Private, and to include Commercial Do Ke e1 in R-1 District Onl under Section 76.03, Special Uses. Private k nel licenses are also only allowed in the R-1 district, but a Special e Permit is not required. Those applications will go directly to the ity Council for action. i I Section 1, Definitions, c - change to: Dog Enc sure: Any enclosure constructed for shutting in or enclosing dogs exc t fences enclosing yards. Discussion noted that if the entire yard is enced in which a dog is allowed to run, it would not be considered a dog pclosure. The Commission did not wish to state a specific size for a dog enclosure. 53, the Commission made In reviewing the proposed changes to the following comments and changes: , ) CITY OF ANDOVER REQUEST F,QR PLANNING COMMISSION AC110N March 1'4; -r~~s AGENDA .ITEM i 4. D1SCUSS on Ordinance Regulating Therapeutic M<<Psage DATE ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA David L. Carlberg Planning Director BY:t BY: The Planning and Zoning Commission upon approving the previous item amending Ordinance No.8, to allow therapeutic massage by Special Use Permit is asked to discuss the attached ordinance regulating therapeutic massage and forward the ordinance to the City Council. The ordinance has been modified to incorporate the changes requested by the Commission at the November 22, 1994 meeting. \ . P&Z - 3/14/95 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 109 AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. The City Council of Andover does hereby ordain: SECTION 1, PURPOSE. The purpose of this Ordinance is to prohibit massage businesses and services to the public except those licensed as Therapeutic Massage Establishments and Therapeutic Massage Therapists pursuant to this Ordinance. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health, safety and the general welfare of the people of the city. The purpose of this Ordinance is not intended to impose restrictions or limitations on the freedom of protected speech or expression. SECTION 2. FINDINGS. I It is hereby found that within the City of Andover there is a need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: (a) Persons who have a bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. (b) Health and sanitation regulations governing therapeutic massage establishments and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. ' (c) License qualifications for and restrictions on therapeutic message establishments and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. (d) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. (e) Massage businesses which employ persons with no specialized and standardized training can tax city law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. .. .:~ SECTION 3. DEFINITIONS. \ ) The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: Clean - The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Good Repair - Free of corrosion, breaks, cracks, chips, pitting" excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good sound condition. Massage Therapist - A person who practices or performs therapeutic massage on a person for compensation and meets the licensing requirements set forth in this Ordinance. Off-site Massaae Services - means massage services conducted away from a license massage establishment. Such off-site massage service locations shall include, but not limited to, businesses and private homes. Person - Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. \ _J Thera~eutic Massage - The practice of applying pressure on, or frict10n against, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of a mechanical or electrical apparatus appliance, or device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparation, for the exclusive purpose of tension, stress, and pain relief, relaxation, increased range of motion, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above-described professionals, or beautician and barber who confine their treatments to the scalp, face, and neck. Therapeutic Massaae Establishment business of provi ing therapeutic public or as a private club. - An establishment in the massage services either to the SECTION 4. LICENSING REQUIREMENTS. , \ / a. Thera eutic Massa e Establishment License. It shall be unlaw u or any person to 1rect y or 1n 1rectly, upon any pretense or by any device, engage in the business of keeping, conducting, or operating any massage establishment within the city of Andover, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received except a therapeutic massage establishment as defined in Section 3 and then only after first obtaining a duly issued license therefor from the city. A person who operates an establishment described in this Ordinance without a valid license issued by the city shall be guilty of a misdemeanor offense. b. Thera ist License. It shall be unlawful to pract1ce, a m1nister, or provide page 2 \ ) massage services to the public for consideration within the City of Andover without first having obtained a therapeutic massage therapist license. A person who practices, administers, or provides massage services as described in this Ordinance without a valid license issued by the City shall be guilty of a misdemeanor offense. SECTION 5. EXCEPTIONS TO LICENSE REQUIREMENT. A therapeutic massage establishment or therapist license is not required for the following persons and places: 1. A health care facility licensed by the state of Minnesota. 2. A health care facility owned in whole or in part by the state of Minnesota or any of its agencies. 3. A medical clinic or hospital, so long as the massage ~s performed by a state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above-described professionals. 4. A physical therapy clinic or athletic facility, so long as the massage is performed by a state licensed physical therapist, athletic director, coach, or trainer. ) 5. A beauty parlor or barbershop, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the scalp, face and neck. SECTION 6. LICENSE APPLICATION. An shall \ / 1. Initial License A~p1ication. All initial applications shall be accompan1ed by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The names, addresses, and dates of birth of the owners, 1esees, operators, massage therapists of the proposed therapeutic massage establishment; b. A legal description and location of the premises; c. Information as to the conviction of any crime or offense committed by anyone listed on the application; d. All applications by corporations shall include the names, addresses, and dates of birth of all persons having a beneficial interest therein; e. A description of services to be provided; f. Such other information as the City Council may require. Prior to consideration of the application by the City Council, an investigation shall be made by the Code Page 3 . / Enforcement Officer and the Building Official to determine compliance with this Ordinance of all premises proposed to be licensed and by the Anoka County Sheriff's Department of all persons listed on the license application. 2. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. For a renewal, the applicant must provide full information as required for the initial licenses for any new owners, lesees, operators or massage therapists proposed to be involved in the massage business, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lesee, operator or massage therapist. The Code Enforcement Officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. 3. Insurance. Every application for a license shall be accompanied by proof of insurance company authorized to do business in the state of Minnesota, in the amount of $1,000,000. ' ) b. Therapeutic Massage Therapist License Ap~lication. An application for a therapeutic massage theraplst license shall be made on a form supplied by the city. All applicants shall be at least eighteen (18) years of age. 1. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The name, age and address of the applicanti b. The length of experience in this occupation and the past places of employment and position heldi c. A description of any crime or other offense, including the time, place, date and disposition, for which the applicant has been arrested and convictedi and d. A statement as to whether the individual has had any license denied, revoked or suspended in the City of Andover or the State of Minnesota, the reason therefore and the business activity or occupation of the individual subsequent to such suspension, revocation or denial. A background check from the Bureau of Criminal Apprehension may be required prior to issuance of the of a license. The license application shall thereafter be reviewed by the city Clerk, Anoka County Sheriff's I Department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Clerk who will submit all of the reports and recommendations to the City Council. The Council shall either grant or deny the license. Page 4 , ) 2. Educational Requirements. Each applicant for a therapeutic massage therapist license shall furnish with the application proof of the following: a. Verification that the applicant has passed the National Certification Examination in Therapeutic Massage and Bodywork within four years prior to the date of the application. 3. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. The Code Enforcement Officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. SECTION 7. ADVERSE ACTION; GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION. 1. It shall be grounds for denial of the application or for revocation or suspension of the license if the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that apply to the public health, safety, and morals. , 2. It shall be grounds for the denial, revocation or suspension of the license if convicted of any violation, reasonably related to the licensed activity and/or occurring on the licensed premise, of any city ordinance or federal or state statute.. 3. It shall be grounds for the denial, revocation or suspension of the license if there is fraud or deception involved in the license application. 4. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be in control or possession of any alcoholic beverages or narcotic drugs and controlled substances on the premises for which they are licensed to operate, possession which is illegal as defined in Minnesota Statutes or Andover City Ordinances. S. It shall be grounds for the denial, revocation or suspension of the license if the licensee has evidenced in the past willful disregard for health codes and regulations. 6. It shall be grounds for the denial, revocation or suspension of the license if the applicant fails to provide all the information and certificates required by this Ordinance. 7. It shall be grounds for the denial, revocation or suspension of the license if the licensee shall refuse to permit any authorized police officers or authorized members of the City to inspect the premises or operation. 8. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be violating provisions of this Ordinance. . j J Page 5 , ) , , ) , / SECTION 8. SANITATIONi APPOINTMENT CALENDARi RULES AND REGULATIONS. 1. Sanitation. All licensed massage therapists conducting off- site massage services shall establish and maintain a supply storage facility containing any and all materials used in conducting off-site massage services. The Code Enforcement Officer, Building Official, and/or other city representatives shall have the right to enter and inspect the storage facility at all reasonable times. Rules as to required sanitation and storage shall be adopted in accordance with this Section. 2. Appointment Calendar. All licensed massage therapists shall keep a record of all off-site massage services performed. The record shall be legible, written in ink and in the English language. It shall include the name of the massage therapist, the name of the person(s) receiving massage services, the address where the massage service was performed and the date and time of such service. The record shall be maintained for a period of two (2) years from the date the massage service was performed. Such record shall be open for inspection by the City Administrator or his/her authorized representative at all reasonable times. 3. Rules, Regulations and Restrictions. All massage therapist licensees shall: 1. Display current licenses in a prominent place at the place of employment. 2. Not allow the licensed prem~ses to be open for business or allow patrons to be on the prem1ses between the hours of 11:00 p.m. and 7:00 a.m. of the same day. 3. Require that a person who is receiving a massage shall have their genital areas covered with an appropriate opaque covering. In addition to the above rules, regulations and restrictions, the City Clerk may upon notice and hearing promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this Ordinance to protect the public health, to provide for safe and sanitary operation of licensed therapeutic massage establishments, to provide for the safety of therapeutic massage and related massage equipment and for the proper training of persons employed in the operation of such massage establishments. Notice of the promulgation of such rules and the hearing date shall be given to all licensees, and notice of the hearing date published once in the legal newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when filed in the office of the City Clerk. Violation of such rules shall be sufficient grounds for adverse action against licenses issued under this Ordinance. page 6 SECTION 9. MANAGER OR AGENT. \ ) Before a license is issued under this Ordinance the applicant shall designate in writing a natural person who is to be manager and in responsible charge of the business and upon whom services of process may be made. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the City and Anoka County Sheriffs Department in writing of any change indicating the name, address and date of birth of the new manager and the effective date of such change. SECTION 10. SUBMISSION OF PLANS AND SPECIFICATIONS. All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as therapeutic massage establishments which are open to the public, shall comply with the requirements of the State Building Code and all amended codes. To the extent the Building Code or Fire Code do not impose more restrictive requirements, the provisions of this Ordinance shall govern. SECTION 11. CONSTRUCTION AND MAINTENANCE REQUIREMENTS. ~ 1. Floors, walls, and equipment in massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in conjunction therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be available for each customer. / 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with locking devices and shall not be blocked or obstructed from either side. SECTION 12. VIOLATIONS AND PENALTIES. Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of any act constituting a violation of this Ordinance, whether individually or in connection with one or more persons or as principal or agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly, or willfully, induces causes, coerces, requires, permits, or directs another to violate any of the provisions of this Ordinance is likewise guilty of a misdemeanor. Each violation of this Ordinance shall constitute a separate offense. Conviction of a violation of this Ordinance shall be grounds for suspension or revocation of any license issued hereunder. SECTION 13, SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. , , ~ Page 7 1 SECTION 14 VALIDITY AND EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and publication according to bw. Adopted this day of of the City o~dover. , 19__, by the City Council CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk , J / Page 8 Regular Andover Planning and Zoning Commission Meeting Minutes - November 22, 1994 Page 15 (Public Hearing: Amend Ordinance 8, Sec 8.01, 8.08 & 8.24, Continued) does not come back until spring and there is a code violation, it puts " a real burden on people who are retired and leaving the area for the winter. Again, he'd like to see the ordinance redrawn taking these items into account; then possibly there would be more cooperation from the citizens. Residents from the audience shouted they did not want the ordinance at all. Commission Putnam also wrote down six items to be addressed, but he didn't know the proper procedure to proceed at this point. Chairperson Squires asked if any Commissioners supported the ordinance as proposed. Commissioner Apel stated he'd like to kill it tonight. (applause) Chairperson Squires suggested on these types of issues in the past, a task force has been established of perhaps a member of the Planning Commission, of the City Council and residents to see if there is anything workable that could be put together to address the concerns. He felt there are some legitimate items of concern, that being it is too intrusive, too ambiguous, too vague and presented too many problems. Mayor McKelvey suggested after the first of the year that he appoint a committee consisting of two Councilmembers and at least nine residents )' from different areas of the City to look at this ordinance and work out an ordinance that will be satisfactory to everyone. (applause) Commissioner Dehn also asked that that be highly publicized. (applause) Commissioner Dehn and Jovanov~ch WITHDREW their Second and Motion to close the public hearing. MOTION by Apel, Seconded by Jovanovich, that we table this item until after the holidays and until after a task force duly appointed by the Council as done sufficient research on this topic, together with the City Staff, so that they can bring back to us an ordinance that is more workable and feasible than this one. DISCUSSION: The Commission noted the public hearing will be continued indefinitely and the issue will come back at some point. Motion carried on as-Yes, 2-Absent (Pease, Peek) vote. 9:37 p.m. The Commission recessed at this time; reconvened at 9:46 p.m. ~ DISCUSSION - THERAPEUTIC MASSAGE ORDINANCE , \ ) Mr. Carlberg noted the draft ordinance regulating therapeutic massage businesses in the City, which was derived from the ordinances of Elk River, Bloomington and St. Paul. The purpose is to get away from massage parlors and to incorporate massage therapy as a use within the City. He asked for direction on whether or not to distinguish between massage therapy in a commercial area, the use done within the home as a home occupation and the therapist who works off site going from business to business. The City of St. Paul distinguished between a Class A license for a commercial site and a Class B license for a home based operation which had more regulations attached to it. For both \ , / Regular Andover Planning and Zoning Commission Meeting Minutes - November 22, 1994 Page 16 (Discussion - Therapeutic Massage Ordinance, Continued) commercial and the home occupation, there would be a license for the site as well as requiring the therapist to be licensed. Most cities require an off-site therapist to be licensed, but the individual sites are not licensed. Commissioner Apel felt that adding the feature distinguishing between commercial, home occupation and off-site therapist may complicate the understanding and the enforcement of the ordinance. He suggested it be treated as one as the draft indicates because it is easy to understand; and if there are problems, the ordinance can be amended in the future to be more specific. Commissioner Dehn asked if the State is going to license therapists. Car a Geist - stated there is a task force to work on that issue. The massage and body work community is hugh, consisting of massage therapists, oriental body workers, energy therapists, etc. They need to get unified and then take it to the State for approval. It will be a two- to three-year process. That is why individual communities are enacting these types of ordinances. There is no standardized training in massage, even for what she does as a massage therapist. Unfortunately, a cosmetologist can take an a-hour course on the weekend / and call himself/herself a massage therapist. She is taking a very in- depth 600-hour course. But when the State takes it over, there will be a minimum standard for training. Until then, it needs to be clearly stated in the ordinance; and she was very impressed with this draft ordinance, that it is really very well prepared. Commissioner Dehn asked if this ordinance will allow the application of future State standards. Mr. Carlberg stated the ordinance can be amended to accommodate those requirements. This ordinance requires the therapist to have passed the National Certification Examination in Therapeutic Massage and Bodywork. Ms. Geist - stated it requires 500 hours of training before taking that examination. She did note that on Page 5, Section 2a, it states within two years. Because the license is good for four years, she suggested that the two years be changed to four years. The Commission agreed. The Commission discussed several other sections of the ordinance with Ms. Geist, after which everyone agreed that the provisions are acceptable as written in the draft. There was a question of insurance on Page 4, Section 3. Ms. Geist suggested the paragraph be changed to "Every application for a license shall be accompanied by proof of liability insurance from a company authorized to do business..." She also listed the benefits of belonging to a non-profit professional organization in the field and felt that may be a good requirement to list.in the ordinance. The Commission did not feel the ordinance should require membership to an organization, but an applicant may submit a copy of their insurance through their organization to be approved by the City Attorney. Mr. Carlberg was asked to check with the City Attorney on that paragraph as to the appropriate wording to protect the City. \ / \ I / Regular Andover Planning and Zoning Commission Meeting Minutes - November 22, 1994 Page 17 (Discussion - Therapeutic Massage Ordinance, Continued) ,- ,- Commissioner Jovanovich asked about stipulating the minimum age of 18 for applicants versus using age 21. Ms. Geist explained a high school graduate must meet the education requirements, which means he or she would probably not be eligible to take the examination until age 19 or 20. Plus a person must be at least 18 years old to take the National Certification Exam. Mr. Carlberg stated 18 was the standard used in all the communities. There are also instances when people graduate from high school at a younger age, plus the legal age of adulthood is 18. The Commission did not see an issue with age 18. Ms. Geist asked about Section 7,1, whether it refers to actual laws on morals. Mr. Carlberg stated the City has a high risk sexual conduct ordinance; and if someone is found guilty of a law that affects the public health, safety or morals, it would be grounds for denial of a license. \ J Ms. Geist asked what the annual fee would be. Mr. Carlberg was not sure at this point, but he thought $100 plus a $50 investigation fee would be the annual. fee for a therapist. It would be more for a commercial operation where a number of therapists would be licensed. Chairperson Squires suggested a provision be added on Page 4, Section b, 1, d, requiring a criminal background check from BCA to be conducted prior to licensing. Mr. Carlberg agreed to add a provision for that. MOTION by Dehn, Seconded by Jovanovich, to direct Staff to make the changes discussed tonight for Massage Therapists Ordinance as drafted and forward it onto the Andover City Council with those changes. DISCUSSION: The Commission also felt that for the home occupation portion, the use should be allowed by Special Use Permit. Mr. Carlberg stated if that is the case, the Zoning Ordinance will have to be amended to include massage therapists as a special use. He will not forward this to the City Council until the hearings are held on the Special Use Permit provision. Commissioner Dehn ADDED to the motion: Add the Special Use Permit process for home occupations. Second Stands. Motion carried on a 5-Yes, 2-Absent (Pease, Peek) vote. OTHER BUSINESS Mr. Carlberg updated the Commission on the City Council's action at the November 15, 1994, regular meeting. " J MOTION by Dehn, Seconded by Apel, to adjourn. Motion carried on a 5- Yes, 2-Absent (Pease, Peek) vote. The meeting adjourned at 10:35 p.m. " l " Regular Andover Planning and zoning Commission Meeting ) Minutes - June 28, 1994 Page 13 G)DISCUS,~ION - THERAPEUTIC MASSAGE AS A HOME OCCUPATION Mr. Carlberg noted the information provided the Commission on therapeutic massage and ordinances from other cities regulating it. The issue is whether it is an appropriate use as a home occupation and possibly as a commercial use in a commercial district. Cara Geist, 13464 Jonquil Street NW addressed the Council and introduced Gayle Burdick, Vice President of Law and Legislation of the American Massage Therapy Association, and Sara Bonfig, life-time Andover resident and third-term student where she is also attending. She was there to answer questions. Commissioner Apel felt the activity is much more personal when going to someone's house. The real problem is the perception of what goes on with this activity, and it is mostly negative. The sexual aspect of it is what most people are afraid of. It appears the occupation is on its way to becoming State regulated, likening it to where chiropractors were 25 years ago. He would have no problem with it being a home occupation since reasonable conditions can be placed in the ordinance. He felt it is the same as people getting their hair fixed in someone's home. It is an excellent way for someone who needs an income to do so as a home occupation. He favored an ordinance similar to St. Paul where it is allowed as a home occupation, giving the City the power to protect the citizens against what is perceived as an obscene activity. / Chairperson Squires agreed, relating an analogy of the Coon Rapids Planning Commission grappling with either not allowing an activity as a home occupation altogether or allowing it with appropriate conditions and go after the ones who do not run the operation appropriately. They decided to allow it. He would like to see therapeutic massage allowed as a home occupation with specific standards. Commissioner Putnam felt there is enough information from the ordinances received to develop one for Andover, plus use the information from the American Massage Therapy Association. Mr. Carlberg stated one of the concerns is that the profession is not licensed by the State. commissioner Apel felt standards could be incorporated into the ordinance and the City can do its own investigation and control when issuing a Special Use Permit. Commissioner Jovanovich asked if chiropractic services would be allowed as a home occupation. Mr. Carlberg stated not according to the ordinance. Commissioner Jovanovich stated she tried to find other therapeutic massage businesses in the phone book, but could not find any. Ms. Geist _ stated some do work in chiropractic offices. Some practice in their homes; others work in health clubs. '\ '/ Ms. Burdick _ stated most of them do not advertise in the yellow page because they have not been able to convince the directory to list them under the separate category of Therapeutic Massage. In order to advertise in the yellow pages, it must be under Massage Parlor; and they do not like getting obscene phone calls. A few states have regulated that and allow them to advertise under therapeutic massage. If they do " ~ ,> I . Regular Andover Planning and Zoning Commission Meeting ) Minutes - June 28, 1994 Page 14 J (Discussion - Terapuetic Massage as Home Occupation, Continued) advertise, it is in the medical magazines or local neighborhood newspapers. If the City's major concern is regulation of prostitution in terms of protecting the public, what some cities have done in other states is write a very basic massage parlor law, and within that write an exception that anyone with this number of hours of education in these areas is exempt. This regulates the people doing the illicit activities who have to jump through the hoops, where it would become easier for the legitimate practitioners. Through the American Massage Therapy Association there are guidelines for setting up that kind of ordinance, and she offered to provide that information if the City is interested. Another thing in terms of protecting the public from prostitution is simply setting an education standard. A 500-hour program takes about 8 months to 1 1/2 years and costs $4,000 to $6,000. Prostitutes will not do that. Educational standards are the best way to protect the public because prostitutes will not meet those standards, plus the City will have well-educated professionals who know how to deal with the public. Ms. Burdick also provided Mr. Carlberg with a copy of the current year's copy of the information on the National Certification Exam for Therapeutic Massage and Body Work which has been in existence for two years. Currently 19 states, and very soon to be 21, have state ordinances; and many states are revising their ordinances to make this national certification exam the way to qualify for a license. The City of St. Paul did include that as one of two ways to qualify for a license. They also contact the massage schools in the Twin Cities area for their exams which one must pass to qualify for a license. Starting in 1995, in order to even qualify to take the national exam, a person will have to have 500 hours of education. She continued they are at the stage of becoming an emerging profession, and she provided a brief background of how it emerged from the massage parlors at the turn of the century to today's profession. As people are becoming more interested in nonevasive health care, massage therapy has become the third most popularly used form of alternative health care behind chiropractic and biofeedback. She felt it behooves Andover to treat massage therapy as the profession that it is while also securing protection for its citizens. The Commission asked Mr. Carlberg to present some specific proposals incorporating massage therapy as a home occupation and as a use in commercial areas using the standards borrowed from the other cities. MOTION by Apel, Seconded by Jovanovich, to adjourn. Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent (Dehn, Pease, Peek) vote. The meeting adjourned at 9:27 p.m. \ , Respectfully su~mit~ ~~c~ c:L Recording Secretary Regular Andover Planning and Zoning Commission Meeting ) Minutes - May 10, 1994 ( Page 14 Mr. Carlberg reviewed the proposed sketch plan Andover Limited Partnership to split off a 165x225' corner on whi McDonald's will be located. Agreements for parking will be in onjunction with this proposal. Originally McDonald's had looked to easing that corner but was not comfortable with all of the agreemen s. SKETCH PLAN - SECTION 32, DOWNTOWN CENTER SECOND LIMITED PARTNERSHIP ,I The Commission asked about the front lot ine. Mr. Carlberg stated by definition, the front of the lot would e Bunker Lake Boulevard. The minimum requirements are met, but a v. riance may be needed to what is considered the front lot line. Comm' sioner Peek suggested the Building Official review the location to th property to see if it has any impact on the shopping center, as typic ly buildings are constructed with the level of fire resistance based on the proximity to the property. He also noted the parcel fronts n right of ways, but there is no direct access to existing right 0 way. Is there ample distance from the corners to provide an ace ss if it is necessary in the future? Mr. Carlberg stated the cou y would look at approving further driveway access to those Boule ards. He felt the joint parking facilities agreement will have t cover that access, which in turn will have to be reviewed by the Cit. Chairperson Squires advised that provision must be for an extende period of time so some future purchaser is not able to negate the a eement and leave the parcel landlocked. 3510 136th Lane NW - would like to see the Council have the busines es put up some type of berm to catch the liter that blows from the parking lot and from those businesses into her and her neighbo 'yards. They get tired of picking up the liter. Even little bushe would catch the liter so they could clean it u lves. Mr. Ca erg stated they will w' s on that concern. This w e City Council at their May 17 meeting. (- 'f- DISCUSSION - THERAPEUTIC MESSAGE Mr. Carlberg stated he has received several calls on people wanting to conduct therapeutic message as a home occupation in residential districts. His research has found that this item really is not addressed by other cities or the League of Minnesota Cities. One of the concerns is there is no state regulation or licensing of that practice. " ) / Car a Geist, 13464 Jonquil Street NW - stated 19 states have regulations and licensing of therapeutic message. She submitted a New Client Packet of policies and procedures she would adhere to. Therapeutic message is an emerging profession and has been an adjunct to medical therapy for many years. Unfortunately they constantly buck the prostitution association. She is an RN and a student for therapeutic message. There are schools in the area; and she attends the Northern Lights, which is the only one that is accredited by the American Message Therapy Association, their governing board. It is a 600-hour program, teaching different modalities of therapeutic message. She anticipated clients ( Regular Andover Planning and Zoning Commission Meeting ') Minutes - May 10, 1994 J Page 15 ( (Discussion - Therapeutic Message, Continued) coming for relaxation, for pain control, and for sports work. There is a movement to get state accreditation and licensing in Minnesota, but that is not expected for another two to three years. Until then, people practicing must go before local Boards and help them get ordinances written. J Ms. Geist knew of a similar home occupation being conducted in Coon Rapids. She offered to provide the information she has on the therapy and what other cities allow. Mr. Carlberg felt if it is going to be allowed as a home occupation, it should be looked in terms of a Special Use Permit similar to beauty salons and barber shops. The difference is there are state licensing for those, where many people are leery of therapeutic message because of the lack of state licensing. The ordinance does not address chiropractic activities as a home occupation. Ms. Geist anticipated having a portable table, a bathroom and changing facilities, file cabinet, desk table, and CD player. There would be no items for sale. They work in adjunct with the doctors, chiropractors and physical therapists, often getting referrals from them. Chairperson Squires noted Blaine requires certification be submitted as to hours of training and membership in state or national therapeutic message organizations. He saw this as an emerging field that is often tied to beauty salons, which is already allowed as home occupations in Andover. He felt it is different than a doctor, chiropractor or dentist office. c Commissioner Dehn preferred to have state licensing and regulations, but she wouldn't discount it at this time if there is sufficient evidence of accreditation and hours of education. She felt it was closer to a beauty salon situation than to a doctor or dentist office. Commissioner Peek stated there has been a hesitancy in the past to expand the health and beauty home occupation, as tanning has not been allowed. Right now he didn't sense that this is an appropriate home occupation. Commissioner Jovanovich agreed, preferring to see them licensed by the state. I / Ms. Geist argued there is a place for this; it is a very effective therapy modality. It would be very quiet; it would not disturb anyone. She would do no outside advertising. She felt it can be an asset to the community and did not feel it should be excluded because the laws are behind the times. She offered to give examples of communities where it is allowed. Commissioner Putnam was thinking it is more of a commercial venture than a home occupation. On the other hand, he felt it would be more of a benefit to do it in a more, comfortable setting in someone's home. Commissioner Dehn felt it should be a home occupation, that it would be more private and more comfortable. The Commission felt that examples of what other communities do would be helpful and that further consideration needs to be given to the entire issue of home occupations. Mr. Carlberg stated there seems to be a lack of information to proceed at this time. He will review the information to be provided by Ms. Geist and do further research and bring it back to the Commission if it warrants. He will be asking for Council direction on the entire home occupation ordinance. ( Regular Andover Planning and Zoning Commission Meeting i Minutes - May 10, 1994 / Page 16 ( , MOTION by Dehn, Seconded by Jovanovich, to adjourn. Motion carried on a 6-Yes, 1-Absent (Apel) vote. The meeting adjourned at 10:15 p.m. Respectfully submitted, ~~e~~ Recording Secretary , J ("', , . " I \' j Regular Andover Planning and Zoning Commission Meeting Minutes - March 22, 1994 Page 8 DISCUSSION: ORDINANCE REGULATING PAWNBROKERS, SECONDHAND GOODS AND PRECIOUS METAL DEALERS and PUBLIC HEARING CONTINUED: AMEND ORDINANCE NO.8, SECTION 7.03, SPECIAL USES Mr. Carlberg asked to table Items 9 and 10 to the next meeting, April 12, 1994. MOTION by Dehn, Seconded by Apel, to so move. Motion carried on a 6- Yes, 1-Absent (Putnam) vote. OTHER BUSINESS *-7Thera~eutic Messaqe Parlor.s....as Home Occupations - Mr. Carlberg stated he has been receiving many calls inquiring about conducting therapeutic message as a home occupation. He doesn't feel the ordinance allows that use right now. There is an organization that licenses them, but it is not a State organization. Beauty salons are required by Special Use Permits. The Commission suggested Mr. Carlberg research whether other cities allow these parlors; and if so, how they are regulated. Tree Commission - Mr. Carlberg stated they have had a problem getting ; / people to serve on the Tree Commission. One suggestion has been that those on the Tree Commission meet with the Planning and Zoning Commission to get a full representation of a City task force. That decision has not yet been made, but it has been talked about on the Staff level. Staffing - The Commission asked if they will be introduced to the new City Administrator. Mr. Carlberg stated he will ask if Mr. Fursman is able to attend a Planning Commission meeting. He also noted the applications received for the Code Enforcement position. A selection will be made, with an officer starting work the middle of April. MOTION by Dehn, Seconded by Apel, to adjourn. Motion carried on a 6- Yes, I-Absent (Putnam) vote. The meeting adjourned at 8:45 p.m. Respectfully suPmitted, ( \{'\\ ~Cl ~V \~a~lla A. Peach Recording Secretary , l CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 4, 1995 DATE AGENDA 1\0 SECTION Discussion ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM 1\0 Investment policy ,~ ~ Jean D. Nichols Finance Director BVlV 3. REQUEST The Andover City Council is requested to review and approve the revised Investment Policy. BACKGROUND \ I I City staff prepared a draft of an Investment Policy which was reviewed by the City Council on the March 21, 1995 meeting. The Council recommended several changes to the Investment Policy. City staff has made the recommended changes and would like the Council to review and approve the revised Investemnt Policy. \ ! MOTION BY: SECOND BY: CZTY OF AHDOVJ:R, MZJUO:SO'.I!A ZXVKS~HT POLZCY SCOPJ: This investment policy applies to all financial assets of the city of Andover. These assets are accounted for in the annual financial report and include short-term operating funds, funds held for long-term purposes and restricted assets. These include, but are not limited to, financial assets held by the general fund, special revenue funds, capital project funds, debt service funds, enterprise funds, internal service funds and trust and agency funds unless specifically excluded by resolution of the city Council. ZNVl!:SnD:HT OBJJ:CTZVBS I SA7J:!rY OF CAPZTALa Investments of the City of Andover shall be undertaken in a manner that seeks to ensure the preservation of capital in the investment portfolio. 'RJ:TUlUI OJl ZXVKS~HTSa To recognize liquidity and maturity requirements, funds available for investment will be placed with institutions offering the highest rate of return consistent with preservation of principal. DZVJ:RSZFZCATZOJla Diversification is required to avoid incurring unreasonable risks or losses inherent in overinvesting in specific instruments, individual financial institutions or maturities. COLLATJ:RALZZATZOJla All City funds must be deposited in financial institutions which provide $ 100,000 in governmental insurance protection. At no time will deposits in anyone institution exceed $ 100,000 unless such excesses are protected by pledged securities. '. / I SECURI~XES PLEDGED AS COLLA~ERAL Pledged securities, computed at market value, will be limited to the following: 1. u.s. Treasury Bills, Notes or Bonds all of which mature within five years. Such securities pledged must cover all City deposits in the amount of 110%. 2. u.S. Agency securities guarenteed by the u.S. Government. Such securities pledged must cover all city deposits in the amount of 120%. 3. Repurchase Agreements, with maturities not exceeding one year, secured by u.S. Government Bills, Notes or Bonds. 4. Municipal General Obligation Bonds, rated "An or better by Moodys provided no single issue exceeds $ 200,000 with maturities not exceeding five years. Such municipal bonds pledged must cover all city deposits in the amount of 125%. No other collateral except as designated in 1,2,3 or 4 above will by authorized. Securities detailed above under 1 and 2 may be purchased directly by the city when deemed feasible. DXSALI.OWKD XKVJ:S!l!MKR!I!S I At no time will the City invest funds in diritives or any other type of high risk investment. POOLXIIG OF XKVJ:S~S I For the purpose of making the maximum amount of funds available for investment, the cash for all City funds is pooled in an investment account. Interest earnings are allocated among the various funds based upon their average cash balance. PUBLXC TRUS~ The investment program shall be designed and managed with a degree of professionalism worthy of the public trust. The City, however, recognizes that in a diversified portfolio occasional measured losses are possible and must be considered within the context of the overall portfolio'S investment return. '. I DJ:LJ:GA!I!:IOR or AU!I!HORJ:!I!Y The Investment Committee will make recommendations for investments and the Finance Director will follow these recommendations to make investments. The Finance Director is authorized to make investments of public funds in accordance with Minnesota statutes, Chapter 118 and Minnesota statutes Sections 471.56 and 475.66 after consultation with the Investment Commi ttee. 50 person, may engage in an investment transaction except as provided in the aforementioned statutes. PRUDJ:ft PJ:RSOR S!I!ARDARD All investment transactions shall be made with a degree of judgement and care. The standard of prudence, meaning not for speculation and with consideration of the probable safety of the capital as well as the probable investment return, will be applied in all investment transactions. :IH!rI:RKAL COftROLS , The Finance Director shall establish a system of internal controls, which shall be reviewed annually by an independent auditor. The controls shall be designed to prevent losses of public funds due to fraud, error, misrepresentation, unanticipated market changes or imprudent actions. , / :IHVJ:S!l!MJ:ft COMM:IftJ:J: An investment committee shall be created consisting of the Finance Director, Treasurer and City Administrator. Members of the Investment Committee shall meet at least quarterly to determine general investment strategies and monitor results. The Investment committee shall include in its discussions such topics as economic outlook, portfolio diversification, maturity structure, potential risks to the City'S funds, authorized depositories, brokers and dealers and rate of return on the portfolio of investments. :IHVJ:S!l!MJ:ft RJ:POR!l!:IRG The Finance Director shall submit periodic investment reports to the Investment Committee. At or near year end, the Finance Director shall present to the Investment Committee a , comprehensive annual report on the investment program and I investment activity for the prior year. CITY OF ANDOVER REQUEST FOR COUNCIL ACfION April 4, 1995 DATE ITEM t-O. ORIGINATING DEPARTMENT scot~ Eri~kson<At Englneerlng APPROVED FOR AGENDA AGENDA SECTION t-O. Discussion Item Approve Plans & Specs/93-7/ City Hall Park Complex #2/ Irrigation BY: o;J.-. L/. The City Council is requested to approve the resolution approving the plans and specifications for Project 93-7, City Hall Park Complex #2, Irrigation. '. J MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 93-7, CITY HALL PARK COMPLEX *2 FOR IRRIGATION CONSTRUCTION. WHEREAS, pursuant to Resolution No. 042-95, adopted by the City Council on the 21st day of March , 19 95 ,the Cit~ Engineer has prepared final plans and specifications for proJect 93-7 for irrigation construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of April , 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications . BE IT FURTHER RESOLVED by the City Council of the City of I Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11:00 AM Thursday, April 27 , 19~ at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4th day of April , 19~, with Councilmembers voting in favor of the resolution and Councilmembers voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor City Clerk Victoria Volk I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 4, 1995 DATE AGENDA SECTION 1\0. Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM 1\0. Accept Petition/95-2/ Crosstown Drive/street Lighting Todd J. Haas, JL Engineeri~ BY: ~ 5. The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report 'for the area along Crosstown Drive NW between Bunker Lake Boulevard NW and Crosstown Boulevard NW for street light installation, project 95-2. The total number of residential lots that benefit from street lights in the above mentioned area is 14 (commercially zoned properties were not included as the parcels would have there own lighting or currently have their own existing lighting). The City of Andover owns property along the east side of Crosstown Drive NW and also is not included. The property owners that signed the petition have requested the lighting be on the east side of Crosstown Drive NW where the sidewalk currently exists. City staff will have Anoka Electric Cooperative review this to see if this is possible. The plan will be presented to the residents at the public hearing in the near future. Number in favor of street lights - 10 Number against street lights - 0 Number unavailable - 4 , I MOTION BY: SECOND BY: 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 IMPROVEMENTS OF STREET LIGHTING , PROJECT NO. 95-2 IN THE AREA ALONG CROSSTOWN DRIVE NW BETWEEN BUNKER LAKE BOULEVARD NW AND CROSSTOWN BOULEVARD NW . WHEREAS, the City Council has received a petition, dated March 17 , 19 95 , requesting the construction of improvements; and ---- WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to the AEC 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 regular meeting this 4th day of April 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: Victoria Volk - City Clerk . ....._~ KtA-Ji"J ~i,~ CITY of ANDOVER RECEIVED q5,~ /55"- f?8=0'-8' \ Q} ~'. " .L"\. MAR " 7 1995 CITY Ut- ~1'JuOVER Date: :f -/7' Cj 5 " ....... No. Ptoiecr .,;; 9S--z- '" Gentlemen: We, the undersigned, owners of real property in the following described area: Ii J.~r:+j. .,,..,/1 f /Jdl'/>-r).d -(;:',,-, /5'17'1, 1l11':- -tc. f!"/'<J/ot' I~"'l/,- I?/>,:i I 7./" , r;C."--..- -1;"""'; .J.) i~) k do hereby petition that,said portion of said area qe improved, by Construction of City /.;,,,,''''.h -GJf' ~.I<'.ly vJ'C.-, v~- \1"/' ,<Hdf I I and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapte; 429, .L~WS of Minne~ot5; ~1 /".Jd -10 E.~<-?<,c{ /,J ~~ jJof_ ptMO-c/ /Ji/k,cf .-:7A t?.vT',; ',-"v':'/\...2.- v., i'f.-.., SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES/ NO ~ 6c I ./ ,'!2 ,t J:, .,. ./ ,r '1 , 0/ ~','}"I ( , ./ i,:t;:; '_ ~ - '. , /,~;}l Y / I" ,.j --, ( ( f""- ~:/' /"oJ ,~: L - --Tf-.....1.vv~/ / ') tilL; r: -- -,--. ~- / f.;- /.f' ~ //1-""'....1' /,>.A' .- "' /; -" / .) 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'" , BUNKER l.AKE .... ~, IJdIlIMz)'n) . ~ N '" l ... ,_:'-'~"..; :-EST,t,TES, ',\ ~~II"!l}I~,L (f.l :,' If '\ :;:~..," ,,- --:: --.lI.,l~~: -~ \) ~;l CU-){J5) ::' 'oL_"" /" 80 I~ - "/..:~ , (,n ,,,, 0\' '''' ;; (to) .. ? , ~ (1) (8) ~ ~ 1M .. ..... ..... :.- 130 TII (,Zz) 1J.z" ...~ (23) Dorcl,J D,... lio~~e.ut j, Sc.,r}'EIIQf [C.) )4l. ~~I "'''~ "-~ ~~ (l5)~~ ..-.~j -~.., .- t' ~ ... y ~ JfUJ' 81::::\1,..... ~~.."'!""'.14-.... "~.- .: . ~.~. 14 . .- .....-rtBo .-- . ~ ~. .... JIO \:""~4" - \ f ~ ,;J .I.'~~_ :,"- //4 '~,;: ~ : ..'~ ~ -/7J".-- --I"2f~-_ 1 .. , r .Lt:.:"-'iu Q.$..J f'/';~.M.c:n :r. Sc.hni'llc.r CC'i I /~.. , "- (Ib) ~ (/1) .: . O'f ~; ~t /4 '#'0 ,. .::: ":'_';A"t~._ "- ,.!~.:- ~ ~ :~~ '" I~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE April 4, 1995 AGENDA toO SECTION ORIGINATING DEPARTMENT scot~ Eri~kson, Ie EngJ.neenng 'iJ APPROVED FOR AGENDA Discussion Items ITEM toO Old Colony Estates Drainage/ Bodine BY: J)~ ~. , , I On Monday, March 13, 1995 a number of inspections were made for various drainage complaints that were registered with the City. A combination of heavy snowfall and a quick melt along with the frozen ground surface resulted in a very quick runoff and localiz'ed flooding in certain areas. Although this is a fairly unique sequence of events, it clearly identified areas within the City with potential drainage problems. Mr. Paul Bodine who resides at 14281 zilla street NW had called with a drainage problem. Upon inspecting his residence, it was noted that ponding was occurring along the back property line of this residence and adjacent residences within the area. It appears that the swale constructed along the back property lines may not have the grade necessary to provide positive drainage. The Old Colony development was built in 1988 by the Gaughan Companies. The Gaughan Companies and their engineer have been notified about the drainage problem as they have certified that the grading had been performed in accordance with the approved grading plan. Re-grading of this area would be very difficult as the slopes are extremely flat and a number of residences have constructed fences along their back property lines. We have also looked at the feasibility of installing a catch basin at this location. The existing storm sewer is higher than the low area where the ponding was occurring, thus making it unfeasible to extend a storm sewer to this location. Attached is a copy of the letter and map sent to the developer and his engineer. MOTION BY: SECOND BY: / CITY of ANDOVER " 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 " March 22, 1995 Al Hamel Gaughan Companies 299 Coon Rapids Blvd. NW Coon Rapids, MN 55433 Re: Old Colony Estates Drainage Problem Dear Mr. Hamel: The City of Andover has become aware of a drainage problem occurring- in the Old Colony Estates development which was developed by the Gaughan Companie~. - , It appears that a swale that ~as to have been graded for the development does not have the proper slope as identified on the approved grading plan. The location is noted on the attached copy of / the grading plan and is located between Zilla Street NW and Yellow Pine Street NW. A swale was to have been constructed behind these . ,properties from' approximately 142nd AvenueNW and graded towards 143rd Lane NW.. . There is not positive drainage. along this swale and ponding is occurring at a number of locations. _A particularly bad location is behind the property located at 14281 Zilla street NW where, the majority of the pondingis occurring. We appreciate your attention to this issue. We have copied your engineer for this project, Mr. Ken Gust, on this item as he certified the grading for the project. This item will be discussed at the April 4, 1995 City Council meeting at 7:00 PM with the City Council. We would appreciate your and Mr. Gust's input prior to this time to determine what can be done to improve the drainage at this location. If you have any questions, feel free to contact me at 755-5100. Sincerely, r;tld/~ Scott Erickson City Engineer SE:rja Encl. cc: Ken Gust, Developer'S Engineer ,/ :/ ,,' / J Ken Gust Enterprises 199 Coon Rapids BLVD, Suite #209 Coon Rapids, MN 55433 Phone: 786-8022 November 29, 1988 MEMORANDUM TO: Whom It May Concern FROM: Ken Gust, I~gineer )(~ /:Jud-, , for Developer SUBJECT: flE ~ Colony Estates, Andover Old The earthwork for the subject project has been completed to conform with the latest approved grading plan or revisions thereto. Several house pad grades were adjusted relative to the final road grades which were designed by the city's consultant. Storm drain outlets from low rear yards need to be exposed for proper drainage. The developer should now be released of any further responsibility for grading. KG: jm .' j \~. ~ 6-1 i ~ ./00 --..... .' / / ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 4, 1995 AGENDA ton SECTION ORIGINATING DEPARTMENT scot~ Eri~kson,\<- EngJ.neerJ.ng q APPROVED FOR AGENDA Discussion Item ITEM t\O. Drainage/2215 - 145th Ave. NW/ Platz BY: ~ 7. Introduction Back on November 15, 1994, the City Council at its regularly scheduled meeting, discussed a storm drainage concern with residents located at 2227 and 2215 - 145th Avenue NW, 2227 McGill and 2215 Platz respectively. The storm drain system picks up storm water from 25 residential lots. The storm water is picked up via a catch basin in the cul- de-sac and is discharged through a 18 inch diameter pipe to a wetland located behind these properties. The storm drain pipe I runs between the McGill and Platz properties with a outlet to the wetland area. The wetland does not have an outlet pipe but does have an low overflow point which is 6 feet below the lowest floor elevation of the McGill or Platz property. The storm system was designed to discharge to the wetland with the wetland absorbing the "bounce" or water elevation rise during a storm event. During a heavy storm event the wetland would overflow to Coon Creek via the overflow point. The City has numerous installations similar to this throughout the city. Discussion It appears during the past Council discussion two (2) items were brought up: 1. Can the storm pipe be extended and if so, what is the cost? As any work in or adjacent to a wetland is regulated and permitted by the local watershed, this item was discussed with the Coon Creek watershed Administrator, Mr. Tim Kelly. As the wetland regulations have changed and become much more stringent since the storm pipe was first installed, any extension of the pipe would require a sedimentation basin to be designed and constructed at the end of the pipe extension, As there is not a designed plan for this work at this time, the watershed could not provide a definite response to the wetland issues. CONTINUED MOTION BY: SECOND BY: ) Although the wetland issues may be able to be addressed with the watershed, the ability to install the storm pipe through the wetland will be a major obstacle. The difficulty in getting heavy equipment into the area will add to the cost of any improvements in this area. Also, the flat grade through the wetland and the elevation of the existing pipe would require berming over the top of the storm pipe. Based upon the difficult site conditions the estimated cost to extend the storm pipe, create a sedimentation basin and restore the yards and wetland areas is: 350 LF " RCP x $65/Ft. = $22,750 Create Sedimentation LS = $2,000 pond Remove Spoil LS = $1,500 Restore Sod LS $1,000 Install Pond Overflow LS = $3,000 Engineering/Survey/Wetland $5,000 Delineation Contingency $3,000 $38,250 2. Can an overflow pipe or swale be constructed adjacent to Coon Creek? Under current regulations, it is not possible to drain a wetland. An overflow pipe or swale may be able to be installed at an elevation which will not drain the existing wetlands. The cost to install an overIIow is estimated at $3,000. Financing As the City does not have a stormwater fund to finance improvement, the funding would need to be provided by assessments to the adjacent property owners or through the City's general fund or a combination therefore. If assessments are used, a public hearing for this project will be required. Funding from the Coon Creek Watershed District is not expected. Options 1. Leave the system as-is and continue routine maintenance. 2. Extend the storm pipe to Coon Creek, construct overflow, sedimentation basin and restoration for an estimated cost of $38,250. Identify funding. 3. Construct an overflow for an estimated cost of $3,000. Identify funding. 4. Other? \ ' . , Regular city Council Meeting November 15, 1994 - Minutes Page 3 (SUP/Pov's, Cont.) .I with fencing for 2 ballfields. The Planning Commission has recommended approval with conditions, the most significant being more vegetative screening. CouncilmemberJacobson noted that the Planning Commission minutes reflect the dissatisfaction of people living in the back of the project with the signs on the 20' high fences. He felt they should only be allowed on the 8' sections offence. Mr. Carlberg explained that the 20' sections are in the interior portion of the fields on the north side facing south. Barb Duerr, 13753 Partridge Street N.W. stated that she lives across the wetlands and didn't have a problem with the signs as long asmroe vegetation is planted. She asked that evergreens be planted so there is more foliage in the winter. MOTION by Perry, seconded by Dalien to adopt the resolutiori granting a Special Use Permit requested by Dick and Brad Povlitzki to allow for the placement of advertisement signs in conjunction with fencing for 2 softball fields at 1851 Bunker Lake Boulevard as requested. CQuncilmember'Jacobson stated that he is going to vote no because he feels it isn't good to have 20' high and 80' long signs in the city. He would agree to 8' high signs. Motion carried on a 4 yes, 1 no (Jacobson) vote. (See Resolution No. R290-94) Storm Drainage Discussion/22l5- l45th Avenue N.W. Mr. Haas explained that this item was requested by the property owners. Public,works and Engineering have discussed this with the property owners. The existing storm sewer has been,cleaned recently and rip rap repaired which was done well and in accord- ance with the original plan approved by, the city in 1987~ There are several options to consider. However, there may be some wetlands that the city will need to deal with. In addition, this area is considered flood plain. Mr. Platz explained that this has been going on since 1990. Their backyards are flooding and the pond is draining into the soil and not into the creek. He didn't feel that a ditch is the answer. The second option as recommended by Mr. Haas is probably the answer (extend the storm sewer and construct a sedimentation pond prior to discharge into the low area of Lot 10Y.Mr.' Platz · stated,that they are getting 100 year flood levels. . ' , Diane Dixon lives ~n Lot 9 and stated that the prop~tty is . ~ eroding underneath which makes it very unsafe. Discussion centered on option 2 and how it would be funded. only possible solution would be to assess the costs to the property owners. It was noted that there may some environmental " problems. .. Regular City Council Meeting November 15, 1994 - Minutes Page 4 MOTION by Jacobson, seconded by Knight to ask the City Engineer and/or consulting engineer to look over the situation and come back with a cost estimate and also give us an accurate number of lots that would drain into this system. CouncilmemberKnight questioned whether.we should contact the Coon Creek Watarshed Di~trict to see if they:would be willing to ' participate. Motion carried unanimously. Assessment Discussion/94-18/Middle Mr. Haas explained that School District 11 is requesting that we consider the assessable acreage as only those areas under development.. ' CouncilmemberJacobsonquestioned whether Adolfson& Peterson can. submit the request as they are,not theproperty:owners.Att6rney Hawkins stated that it doesn't make any difference who the . request comes from. '. ':.' , , " ".. Tom Dykhoff,Construction Manager, Adolfson & Peterson not~d that the areas to be excluded are the wooded 'areas that will be left undisturbed. The areas surrounding the wooded areas are' going to be non-irrigated grass areas that will be left in their natural state. The dry ponding areas and wet ponding .will be left untouched. These areas equal 9.81 acres'which, serve no purpose for the school. Discussion on the deferment of special assessments.continued with CouncilmemberPerry stating that if the city defers the . assessments on .the 9.81 acres, it forces us to develop areas that are not in our plan. She wasn't interested in having the development of the city dictated by where the services are extended to schools. Dick Nybeck, School District #11 explained that they are" only asking that the assessments be deferred on areas that will be left in their natural, state. .. Mayor MCKelvey noted that some of our city buildings will be served with this line and he didn't see a problem with the request because in the long run there will be enough develop- ment to pay for th~ line. Councilmember Dalien stated that he spoke to one of the school board members who said that if we hadn't allowed all of the new , home construction in the city the school would not beneeded.:< He was in favor of the deferral for the school district. ' ~OTION by Jacobson, seconded by Perry t~,denythe request deferment of 9.81 acres of sanitary sewer, water area and wat~~ connection charges as requested. Those costs should be spread across the whole school district and not only the City of Andover 'residents. Motion carried on a 3 yes (Perry, Jacobson; Knight), 2no (Dalien, MCKelvey) vote. CITY OF ANDOVER ~,...;\ ~ 'nMI't,f-. ~~;( G-7 ~f= (f. C/P ~ ~et' l-Q~ '. REQUEST FOR COUNCIL ACTION DATE November 15, 1994 AGENDA r--.o. SECTION ORIGINATING DEPARTMENT Todd J. Baas, Engineerinv APPROVED FOR AGENDA Discussion Item ITEM r--.o. storm Drainage Discussion/ 2215 - 145th Avenue NW ~ a. ... The City Council is requested to consider the options by the property owners (platz and McGill) to extend the existing storm sewer in the development of Kensington Estates. Public Works and Engineering have discussed this item with the Platz's on a couple occasions in the past couple years. The existing storm sewer has been cleaned recently and rip rap repaired by Public Works which was done very well and done in accordance to the original plan approved by the city in 1987. Unfortunately, the developer and/or builder did not appear to give any information about drainage and utility easements, storm sewers and sanitary sewer that existed on the property. Obviously the City cannot take any blame for information that was not provided to the buyer as the City was not involved in the sale of the lot. Options to consider are as follows: Option 1. Extend the storm sewer to the low area of Lot 10 for removal of sedimentation and debris. The City will need to apply for a permit from the Coon Creek watershed District. If the City Council finds option 1 acceptable, it will be necessary to determine how the project would be financed, either by a assessment or general fund. Option 2. Extend storm sewer and construct a sedimentation pond prior to discharge into the low area (likely a wetland) of Lot 10. Most likely the Coon Creek Watershed District will require a permit and may require this option rather than option 1. Again, the City Council will need to determine how the project will be financed. ... Option 3. Do nothing and continue to maintain the system as it currently exists. Note: It is recommended that each Councilmember visit the site to get a better idea of the request by the property owner. The Platz property address is 2215 - 145th Avenue NW. / MOTION BY: SECOND BY: November 3, 1994 DECEIVED ,r'o. / City of Andover 1685 Crosstown , Boulevard Northwest Andover, Minnesota 55304 NOV 4 1994 CITY vr- AIIjUOVER Attn: Mr. Todd Haas City Engineer Re: Storm Sewer located on lot 10 and 11 Kessington Estates Owners - Orrin and Pamela McGill and James and Judith Platz Dear Mr. Haas: I am responding to our November 1, 1994 telephone conversation in regards to the above matter and am formally requesting a hearing at the next scheduled city council meeting. The three affected lot owners (Lot 9, 10 and 11) plan to attend this meeting. In 1990 I purchased lot 11 and was unaware that there was a storm sewer on the property since it was covered with underbrush and sand fill and was not indicated on the plat map. After building an expensive home on the property we discovered the storm sewer and the storm sewer easements. At the time we were not overly concerned because it was a very dry period of time. " " As time went by the outlet (which is very close to my house) kept filling with debris and sand. All of the back half of lots 9, 10, and 11 flood because of the volume of water coming in from the sewer. There is no outlet and at times it floods all of our backyard lawn area. As such three property owners can not enjoy the use of the back part of our lots. The water builds up, debris from the streets creates a stinky, algae loaded mosquito sewer pond. The flooding also has caused me to loose some very mature birch and oak trees that were originally present and one of the reasons I bought the lot. I have spent a great deal of time and money to keep my lawn in superior condition and take a great deal of pride in my home. Every time the sewer needs cleaning which is at least once a year and sometimes twice, the machinery tears up a good portion of my yard. In addition the floodwater causes a real eyesore with underbrush and weed growth which can't be maintained because of constant flooding. My tax assessment has not been lowered because of this obvious eyesore caused by a two street storm sewer that was improperly installed. After doing considerable research on this matter we now know that dumping water in this . fashion is not allowed. The developer obviously was able to get this one through at a time when he had a direct conflict, since he was a former mayor. We have been watching channel 16 and are aware of some of the problems he has been causing the city because of similar incidents. .,- '\ "_ .J ,/-\ l, ...J 1'\ J ./ ~ Mr. Todd Haas City Engineer City of Andover Page Two November 3, 1994 " , Yearly maintenance on this sewer is obviously not a long term solution. I can assure you that the problems and complaints won't disappear until the problem is fixed. There are alternatives. One would be to build a holding pond and extending the culvert as is now required. The pond would have an over flow into Coon Creek which is directly adjacent. A temporary fix might be to extend the outlet 50 - 100 feet and tile the low lying area to the creek. I already have talked to Tim Kelly at the Coon Creek watershed office and he indicated that both alternatives are feasible. All we as affected property owners are asking is to have the problem fixed right so that we too can enjoy our homes. All of the property owners who are connected to the sewer should pay their pro rata share of the costs associated with the problem. We respectfully request that you give due consideration to this matter by placing us on the city council agenda. Please call me at 222-1801 (work) or 755-1868 (home). I will be happy to answer any questions or meet with you at your convenience. 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',....:..,..,:...::::.:..:1.............,'::::,..':.....''1':....::...... .,:......,:,::.,..::::",:1.:,.............:.....:......-::-....:..,.... . ... ...:.... ....:.. ... ~ " L:::r/c.I<.;.~'n ~~"" G ., /JIkAr'_J . _870-- OB4!----- - -I ___ --- -- f~l :J,: - ~ - -,,- l' " I ~ Coo ~; ~, C ~ - ., .tr : I " " 3 o-t:' ..... _~ _,.... ~ .,.... 4 ,..... - ._.;-4-....!~~_jr~~::""'..-:-...;;,c,.~f":'l...~.... ". ;.-...,. ,..~~,..::-.::.--~..... ..:l;:..--.... ~ Grtrtdi f' '1, j?el'~~~/? tI.rlrfe ~, CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 4, 1995 DATE AGENDA t--.Q SECTION ORIGINATING DEPARTMENT Discussion Item scot~ Eri?kSOn,~~ Eng~neer~ng APPROVED FOR AGENDA ITEM t--.Q Consider MSA Assessment Policy Change b:cJ. g: The City Council is requested to consider revising the existing MSA Assessment Policy. This discussion will pertain only to assessments to municipal state aid or county roads as identified in the City Assessment Manual: The City Assessment Manual currently requires the properties along municipal state aid streets and county roads to pay the unreimbursable costs incurred by the City. with a number of the I state aid streets that are in need of reconstruction being in rural areas and adjacent to farmlands and sparsely populated areas, the distribution of the assessments for the unreimbursable state aid costs can tend to be in the area of $3,000-$6,000 per lot. This amount can vary depending on the project. As identified in the Tulip street public hearing, the assessable costs to the adjacent property owners has shown to be at a level that appears to be unacceptable to both the Council and the residents. The Assessment Manual could be modified to provide a more acceptable method of cost sharing for these projects. The following suggestions or a combination of them could be incorporated into the assessment manual. 1. The unreimbursable costs incurred by the City will be split with the property owners on a 50/50 basis. 2. Establish a flat assessment rate to be applied to each lot or potential lot adjacent to the street to be reconstructed. Each lot fronting the project will be assessed ($2,500 ?). I 3. The City will pay for all costs associated with municipal state aid construction. This item would not allow many projects to occur in the City as the City does not have a large budget for state aid projects. This budget would be depleted with one or two projects and does not have a source of revenue to replace the money that would be dispersed. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 4, 1995 DATE AGENDA SECTION t\Q Discussion Item ORIGINATING DEPARTMENT ITEM l\Q Approve Ordinance 10 Amendments Scot~ Eri<;=kson,j~ Englneenng (fJ APPROVED FOR AGENDA w 9. The City Council is requested to approve Ordinance lOX which is an ordinance amending Ordinance No. 10, the Subdivision and Platting Ordinance for the City. , Council reviewed the proposed ordinance changes at the March 7, 1995 City Council meeting. Certain modifications to the proposed changes were requested by Council. These modifications have been made or a recommendation to leave them as proposed has been provided. The modifications are as follows: Section Andover Police 4. Definitions. Review Committee consists of the following departments: was identified as a member of the Andover Review Committee. The Sheriffs Department reviews each plat and provides input and comments. They should remain as a member of the ARC. Collector Streets: The word probable has been deleted from the definition. Street A6. Minor (Rural) City Street It was requested that "no street parking" be added to this definition. No parking resolutions can be implemented on a case by case basis if desired. Section 6. Sketch Plan. 6.02 This item reads the subdivider can be required to show adjacent property... It was suggested the can be changed to shall. As not all subdivisions will reqUIre detailed information on adjacent properties, the word can should be maintained as it will not be required on all SKetch plans. CONTINUED MOTION BY: SECOND BY: Section 7. Preliminary Plat. 7.02 Procedure A. The term submit has been changed to file as requested. B. The term "complies" was not used at tlierecommendation of the Planning Commission and the developers as there was a concern that the Andover Review Committee should not determine compliance but only if the preliminary plat is completed in accordance to City Ordinance. Compliance would be determined by the Planning Commission and City Council. This E. The Planning Commission is required to hold a public hearing within 60 days after the preliminary plat is filed. This is designated by state statute. It is not recommended to reduce this time frame as the 60 days provides time to insure all information is correct and notice requirements have been met. 7.03 preliminary Plat Schedule Attached is a copy of the existing schedule identified in the development policy guidelines. Modifications to this schedule will be presented to the Council at a future meeting. 8.03 Design Features K. It will be necessary for the Andover Review Committee to use some judgement in the definition of significant. It is not possible to identify every scenario which could occur, thus requiring some judgement calls by the Andover Review Committee. Section 9. Subdivision Design Standards. 9.01 B. This item has been revised to read: The preliminary plat shall cover all of the owner's contiguous land and any other property of the owners as deemed necessary by the Planning Commission in consideration of rural and urban differences, the Zoning Ordinance and the Comprehensive Plan. The final plat may cover only a portion of the preliminary plat provided it is in conformity with the approved preliminary plat. 9.03 H. The word probable was deleted from this paragraph. 9.06 Lots A.1. This item was included to allow the Planning Commission to have some flexibility in insuring adequate rear yard area for lots. This item was written to allow flexibility as it was not possible to define every situation which could arise. 10.08 Street Improvement Structures A.3. This item was rewritten to include winter construction practices. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. lOX AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 4. DEFINITIONS. For the purpose of this Ordinance, certain words and terms are hereby defined as follows: ANDOVER REVIEW COMMITTEE consists of the following departments: Administration Building Engineering Finance Fire PIanning police Public Works ENGINEER denotes the city Engineer unless otherwise stated. STREETS: A2. COLLECTOR STREETS are feeders to the arterial roads as defined in the Comprehensive Plan or generally with a ADT of 1,000 or greater or a Municipal Aid Street for the City. Minimum new access spacing shall be three hundred thirty (330') feet. A3. MINOR URBAN CITY STREET is a street used primarily for access to the abutting properties and the local needs for a neighborhood. AG. MINOR (RURAL) CITY STREET b;K;~ED-K;NeR-S~REE~ shall be a aa~~ew rural roadway which serves abutting properties and the local needs for a neighborhood 5~*-+6+-e~-fewe~- ~e5~aeaee5-aaa-Ra5-ae-5t~eet-~a~*~a~-a~~ewea. Page 1 main state ublic state, TOPSOIL BORROW for eneral use as a turf t e re9u~rements out ~ne ~n t e most Specif~cations for Construction and be 3877 topsoil borrow or as approved by the rowin medium shall meet current MNDOT Stan ar in accordance with MNDOT City Engineer. and as 6.03 The subdivider should provide the Planning Commission with ~following information: 7.02 Procedure. Prior to platting and subdividing any tract of rana into two (2) or more lots, the following procedures shall be followed: A. The subdivider shall file ten (10) copies of the preliminary plat with the Clerk for review by the Andover Review Committee a~-~eas~-~wea~Y-~A~ee-+~~t-ea~eaaa~-aays- eefe~e-~Ae-ae*~-~e~~la~-ffiee~ia~-ef-~Ae-p~aaaia~-eeffiffiissiea-a~- wAieA-ffiee~ia~-saia-~~a~-sAa~~-ee-eeasiae~ea. (lOA, 9-10-74) C. The Clerk shall receive ten (10) copies in addition to those requested under Section 7.0A and refer seven (7) copies of the preliminary plat to the Planning Commission and one (1) copy to the Engineer. D. The Engineer shall submit a written report to the planning Commission, which shall deal with drainage, streets, and other engineering matters pertinent to said preliminary plat. Said report shall be submitted to the Planning Commission a~-~ea5~-5eYea-+~+-aaY5 prior to the public hearing prescribed by the following subsection. . I E. The Planning Commission shall hold a public hearing on the preliminary plat within sixty (60) days after said complete preliminary plat and complete application is filed with the Clerk. At said hearing all persons interested in the plat shall be heard. Notice of time and place of hearing and the full legal description of the area to be subdivided shall be published once in the official newspaper of the City at least page 2 ten (10) days before the day of the hearing. The subdivider shall furnish the Clerk with the names and mailing addresses of the owners of all land within three hundred fifty (350') feet of the boundaries of the preliminary plat, and the Clerk shall give mailed notice of said hearing to said owners at least ten (10) days prior to the day of said hearing, although failure of any property owner to receive such notification shall not invalidate the proceedings. (lOA, 9/10/74) If the Council shall disapprove said plat, the grounds for any such disapproval shall be set forth in the proceedings of the Council and reported to the subdivider within fourteen (14) seyefl-ff+ days thereafter. K. The Council shall act on the preliminary plat within one hundred and twenty (120) s~Hty-f6G+ days of the date on whICn it was filed wlth the Clerk. If the report of the Planning Commission has not been received within said period, the Council shall act without such report. SECTION 8. REQUIRED PRELIMINARY PLAT DATA. It shall be a condition to the acceptance of a preliminary plat application filed fe~-f~~~fl~ with the Clerk that said plat shall include the data required hereunder. The preliminary plat shall be submitted in accordance with Section 7.02 B of thlS ordinance. 8.03 Design Features. D. An . I F. Layouts of lots and blocks with numbers of each, square fOotage of lots and lot dimensions scaled to the nearest foot. G. Areas, other than streets, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such areas. H. Minimum front and side yard building setback lines as required by the zoning Ordinances of the City. Page 3 I. proposed method of disposing of surface water drainage Within and beyond the limits of the plat. J. Whenever a portion of a tract of land is proposed for subdividing and said tract is large enough or is intended for future subdivision, a plan for the future subdivision of the entire tract shall be submitted to the Planning Commission. Such future subdivision shall include: proposed lots, road easement for cross streets, utility easements, and such other data as required for future subdivisions. When an individual applies for a building permit on such a lot, he shall submit a scaled site plan showing the location of the proposed structure on the lot so that it will be located in conformance with the proposed resubdivision street patterns. The home shall be placed so that it will not be in conflict with the proposed street pattern of said resubdivision. (lOG, 9-16-80) all reVl.Sl.ons is significant it and/or the Cit SECTION 9. SUBDIVISION DESIGN STANDARDS. 9.01 General Requirements. shall cover all of the owner's 9.03 Streets. A. widths. All right-of-way and roadway widths shall conform to the following minimum dimensions: CLASSIFICATION RIGHT OF WAY WIDTH TYPICAL ROAD WAY WIDTH-CURB FACE TO CURB FACE Arterial Collector/Municipal State Aid Minor (Urban) City Street Minor (Rural) City Street Cul-de-sac Service ~~ffiT-M~Re~-St~eet M~R~e~~a~-State-A~e-St~eet (10L, 1-17-89) H}~ 120 feet 66 Te'e't 60 feet 60 feet 120 foot diameter 60 feet 4G-€eet 66-€eet Variable Variable 32 feet 24 feet 93 foot diameter 32 feet €LASS~F~€A'l'~eN R~6H'l'-eF-WAY Reaeway- w~the~t Page 4 w-~ar*iR~ ~6-feet 4G-feet ~6-feet ;G-feet-raei~5 ~6-feet ~~-feet eiyieee ~~ ~6 ;G ~6 ~~ eiffereRt-wietR5-ffiay-ee-req~iree Right-of-way and street may vary depending upon anticipated traffic volume, function of street and character of abutting land use. C. Grades. Streets grades shall not exceed seven (7%) percent for minor and collector streets and four (4%) percent for thoroughfares, and in no case shall they be less than 0.5 percent on streets with curb and gutter; or one (1%) percent on minor rural city street sections. Grades within thirty (30') feet of street intersections shall not exceed three (3%) percent. widths planned G. Cul-de-sacs. The maximum length of cul-de-sac streets shall be five hundred (500') feet measured along the centerline from the intersection to the center of the cul-de- sac area. Each cul-de-sac shall have a terminus of nearly circular shape with a minimum right-of-way diameter of one hundred twenty (120.0') feet and a minimum roadway diameter of ninety-three (93.0') feet in the Urban Service Area and the Rural Service Area. Temporary cul-de-sacs shall be required in all new subdivisions to make provision for the continuation of future streets for adjoining areas when the length of the street exceeds two hundred ten (210.0') feet from the centerline of the intersecting streets. Each temporary cul- de-sac shall be required to have a minimum roadway diameter of eighty (80.0') feet and constructed with bituminous curbin as defined in the C1ty stan ar s. A Jacent property owners/developers benefitting from the street continuation shall be responsible for the removal of the temporary cul-de- sacs and shall be required to replace the street in accordance with current City requirements and standards. The property line at the intersection of the turn around and the straight portion of the street shall be rounded at a radius of not less than twenty (20.0') feet. (10L, 1-l7-89; lOS, 11-19-91; lOT, 2-04-92) H. Collector. arterial roads wit a ADT of for the City. to the eneral Street o. Boulevard Sodding. In subdivisions where sewer and water is going to be installed four (4") inches of topsoil and boulevard sodding shall be required. In others, four (4") inches of topsoil shall be spread, aRe seeded, mulched and disc anchored. 9.06 Lots. Page 5 , A1. Municipal Sanitary Sewer. In areas served by municipal sanitary sewer systems, no lot shall contain less than 11,400 square feet nor have a width of less than eighty (80') feet at the building setback line. Adequate rear yard area shall be provided to maintain a utilizable space for each lot as determined b the Plannin Commission. Corner ots s a e a m~n~mum 0 one un re eet wide as measured at the building setback line or ninety (90') feet wide for back to back lots with a thirty-five (35') foot front setback, except for two-family lots which shall be required to be one hundred fifty (150%) percent of a single family minimum area and width. Residential lots shall be required to have the lowest floor to be a minimum of three (3') feet above mottled soils or one (1') foot above the designated or designed one hundred year flood elevation, whichever is higher. Any subdivision, lot split or replatting of existing developments shall be required to meet the standards of the original development or to meet the average size of the existing lots. On continuing streets where houses were constructed prior to the adoption of Ordinance 10H, adopted April 5, 1983, the setback shall be thirty-five (35') feet unless the existing structures would indicate a lesser setback to maintain uniformity in R- 2, R-3 and R-4 districts. (10C, 10-17-78; 10H, 4-05-83; 101, 10-02-84; lOT, 2-04-92; lOW, 3-16-93) , A2. Areas Lacking Municipal Sanitary Sewer Within the urban Service Area. In areas lacking municipal sanitary sewer within the Metropolitan Urban Service Area, no lot shall be developed for residential purposes unless it contains a minimum of 39,000 square feet of contiguous land with minimum width of at least one hundred fifty (150') feet and minimum depth of one hundred fifty (150') feet and has a frontage of at least one hundred sixty-five (165') feet at the building set-back line. Said lot shall be required to have a minimum finished grade of at least six (6.0') aas-eae-aa*f-f6T;L+ feet above the seasonal high water mark and shall also require the lowest floor to be a minimum of three (3') feet above the mottled soils or one (1') foot above the designated or designed one hundred year flood elevation, whichever is higher. The preliminary plat shall show a feasible plan for future re-subdivision by which lots may be re-subdivided to meet the size and dimension standards of lots in ares served by public water and sanitary sewer systems. (10C, 10-17-78; 10M, 3-07-89; lOT, 2-04-92) , A3. Areas Lacking Municipal Sanitary Sewer Outside the Metropolitan Urban Service Area. In areas which are not served by municipal sanitary sewer and outside the Metropolitan Urban Service Area, no residential lot shall be developed for residential purposes unless it contains a m~n~mum of 108,900 square feet, of which 39,000 square feet of contiguous land area is buildable with a minimum width of at least one-hundred fifty (150') feet and a minimum depth of one-hundred fifty (150') feet. Said lot shall be required to have a finished grade of at least six (6.0') aas-eae-aa*f- f6T;L+ feet above the seasonal high water mark and shall Page 6 also require the lowest floor to be a minimum of three (3') feet above the mottled soils or one (1') foot above the designated or designed one hundred (100) year flood elevation whichever is higher. Said lot shall also have a width of at least three hundred (300') feet at the building setback line. For lots which abutt a cul-de-sac, the lot width at the setback line is to be a minimum of one hundred sixty (160') feet. Two lots maximum are allowed at the end of each cul-de-sac regarding the lot width. The preliminary plat shall show a feasible plan for future re-subdivision by which lots may be re-subdivided to meet the size and dimension standards of lots in areas served by municipal sewer. These provisions shall not apply to plats approved by the City prior to October 17, 1978. (10C, 10-17-78; 10M, 3-07-89; lOR, 8-07-90; lOS, 11-19-91) 10.02 Pe~~e~maftee Development Contract. Prior to the installation of any required improvements and prior to approval of the final plat, the subdivider shall enter into a contract with the City which contract shall require the subdivider to construct said improvements at the sole expense of the subdivider and in accordance with approved construction plans and specifications and all applicable standards and Ordinances. Said contract shall provide for the supervision of construction by the Engineer; and said contract shall require that the City be reimbursed for all costs incurred by the City for engineering and legal fees and other expenses in connection with the making of such improvements. The performance of said contract shall be financially secured by a cash escrow deposit or performance bond as hereinafter set forth. 10.03 Financial security. The ~ef~efmaftee development contract shall require the subdivider to make a cash escrow deposit or in lieu thereof to furnish a performance bond in the following amounts and upon the following conditions: C. Conditions. The development ~ef~efmaftee contract shall provide for a completion date on which all of the required improvements shall be fully installed, completed and accepted by the City. The completion date shall be determined by the Council after consultation with the Engineer and the subdivider, and shall be reasonable in relation to the construction to be performed, the seasons of the year and proper correlation with construction activities in the subdivision. The development ~ef~efmaftee contract shall provide that in the event the required improvements are not completed within the time allotted, the City shall be allowed to exercise its power to recover on the performance bond or utilize the escrow deposit to complete the remaining construction to City standards and specifications. In the event the amount of funds recovered is insufficient to cover the cost of construction, the Council may assess the remaining cost to the lands within the subdivision. 10.07 As Buil~ Constructed Plans. Upon completion of installation of all required lmprovements, the subdivider shall file with the Clerk a reproducable tracing and two (2) copies of plans and specifications showing all improvements as finally constructed and installed. Page 7 / 10.08 Street Improvement Standards. 3. Sodding. The portion of the street right-of-way beyond the paved surface shall receive four (4") inches of aParoved topsoil and shall be sodded or a cash escrow provi ed prior to issuance of a certificate of occupancy by the City. 5. Private Driveways. All private driveways providing access to public right-of-way 5fia~~-app~eaefi-at-~~aae- ~eYe~ shall be hard surfaced, and if serving-two (2) adjoining lots abutting the public right-of-way shall be of a width designated by the City. B. Subdivisions Without Municipal Sanitary Sewer and/or Water (10C, 10-17-78) 1. Grading. The full width of the right-of-way of each street shall be graded, including the subgrade, ef-tfie-a~ea5-te-Be-paYeaT in accordance with the standards and specifications which have been adopted by resolution of the City Council. 3. Topsoil and sod four (4") inches 4. Driveways Heea-te-Be-fia~a-5~~faeea shall be hard surfaced from the street to the property line. 10.14 Non-Conformance. Any Non-conformance with the standards and Ordinances of the City ~H-tfie-~H5ta~~at~eH-ef-tfie-~e~~~~ea- ~ffip~eYeffieHt5 in the development of propert~ by the subdivider or fi~5 their agents shall be cause for t e Engineer or the Administrator to order cessation of all construction within the subdivision. In such event, no further construction shall be allowed until written authorization is obtained from the City. Adopted by the City Council of the City of Andover this 4th day of April , 19 95. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor . / Victoria Volk, City Clerk Page 8 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 4, 1995 DATE ITEM NQ Award Bid/Well #5/94-32 ORIGINATING DEPARTMENT scot~ Eri~kson,~t, Eng~neer~ng APPROVED FOR AGENDA AGENDA SECTION NQ Discussion Item BY~ /(J . The city Council is requested to approve the resolution accepting bids and awarding the contract for the improvement of project 94-32, Well #5 construction to E.H. Renner and Sons in the amount of $73,440.00. Bids were opened at 11:00 AM, Thursday, March 30, 1995. There were four bidders on this project. \ The base bids for this project are as follows: 1. E.H. Renner and Sons 2. Layne Minnesota 3. Keys Well Drilling 4. M.J. Traut Well Drilling $73,440.00 $81,050.00 $94,755.00 $96,475.00 E.H. Renner and Sons has successfully constructed other wells in the city. This contract is phase 1 of the well construction which will include drilling, developing and test pumping the well. Once the well is installed, a phase 2 project will be implemented to install the well pump, motor and electrical controls for this site. The funding for this project will come out of the Water Trunk Source and Storage Fund. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 94-32 FOR DRILLING AND DEVELOPMENT CONSTRUCTION IN THE AREA OF WELL #5 WHEREAS, pursuant to advertisement for bids as~set out in Council Resolution No. 032-95, dated March 7, 1995, bids were received, opened and tabulated according to law with results as follows: 1. E.H. Renner and Sons 2. Layne Minnesota 3. Keys Well Drilling $73,440.00 $81,050.00 $94,755.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate E.H. Renner and Sons as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with E.H. Renner and Sons in the amount of $73,440.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the City Council at a April regular meeting this 4th day of , 19~, with Councilmembers the resolution, and Councilmembers voting in favor of voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: Victoria Volk - City Clerk MAR-30-1995 15:16 TKm 612 292 0083 P.01/03 TKDA TOL TZ. KlIlG, DUVALL. ""DERSO" .,NO AS80C:I~T~2S. IN(j~'OPIATI!D -' ENGINEERS. ARCHITECTS. PLANNERS '500PIPER~Y~ _CEDAA6TREU .:!NI'fT"AUL.M'N~TA8!1101-21.e PHOIE:t,~ FAX:et__ March 30, 1995 Honorable Mayor and City Council Andover, Minnesota Re: Construction of Well No. :5 City Project 94.32 City of Andover, Minnesota COmnU$sion No. 10833 Dear Mayor and City Council: Bids for the above referenced project were received on Marclt 30, 1995, with the following resultll; , Contractor Amount of Bid Engineer's Estimate $73,440.00 81,050,00 94.755,00 96,475.00 76,320.00 E.H, Renner and Sons Layne Minnesota Keys Well Drilling MJ. Traut Wells A complete Tabulation of Bids Is anached for your infonnation. It is recommended that a contract be awarded to the low bidder. E.H. Renner and Sons. in the amount of their low bid of$73.440,oo, Sincerely yours, OJ)~ David L. Moore, P.E. DLM:j Attachment , ,," '"," ,,' "',.. ., MAR-30-1995 15:16 ;.; '" oQ" ~~~ ~~3 ~Oc. g:, ~O~ H~{) <l:HltI g ~~ A., !xl ~~~ ZHI t!U&j gill -.., [;l ~o<GH 8~~ , / III . ~ ~ !i:1 ~ g ... 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"'1Il 1\000 <Ill ~~ 0-40-4 P.03/03 TOTAL P.l33 CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE April 4, 1995 AGENDA I\Q SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item Scott Erickson,J( Engineering . BY~ ITEM I\Q Approve Plans & Specs/95-1/ Woodland Creek 5th Addition /1. The City Council is requested to approve the resolution approving the plans and specifications for Project 95-1, Woodland Creek 5th Addition. ; l' I MOTION BY: SECOND BY: I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND ADVERTISEMENT FOR BIDS FOR PROJECT NO. WOODLAND CREEK FOR SANITARY SEWER, WATERMAIN, STREET CONSTRUCTION. SPECIFICATIONS AND ORDERING 95-1, ~ADDITION AND STORM DRAIN WHEREAS, pursuant to Resolution No. 037-95, adopted by the City Council on the 21st day of March , 19 95 , TKDA has prepared final plans and specifications for project 95-1 for sanitary sewer, watermain, street and storm drain construction; and WHEREAS, such final plans and specifications the City Council for their review on the 4th April , 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . were presented to day of / BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM Thursday, April 27 , 19~ at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 4th day of April , 19~, with Councilmen voting in favor of the resolution and voting against same Councilmember whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. MCKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 31, 1995 AGENDA t--O SECTION staff Report ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t--O Richard Fursman Administration Labor Contract update BY: .. J)J.; /r:l. The Union has considered the the most recent proposal from the City Council and has voted to accept the offer. The new contract is being written and will be presented to the Council if ready at the time of the meeting. Management staff and union members will be meeting soon to set parameters for the 1996-97 contract talks. We will attempt to negotiate a two year contract this spring and summer. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 31, 1995 AGENDA ton SECTION ORIGINATING DEPARTMENT Staff Report APPROVED FOR AGENDA ITEM ton Richard Fursman Administration Set Meeting with BKPR/City Hall w- 1'3 . The Council is requested to review the elevation and floor plan as proposed by BKPR. A special meeting to discuss the layout and size of the building, cost and financing scenarios will also be discussed in advance of the public hearings. The date of April 6th (Thursday) could be considered. It should be noted that this would not be the public hearing, but a chance for further Council input. \ I MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 31, 1995 AGENDA f\Q SECTION Staff Report ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM f\Q Richard Fursman Administration Personnel Policy Rewrite BY: 'J --,:D' Ie(. The Council is requested to consider major modifications to the personnel policy. Recent events have provided a small glimpse at the shortcomings of our present policy. The fire department by-laws should be modified at the same time to reflect the anticipated changes in the role of the personnel policy with fire department personnel. , There are a couple of options available to come to the desired I end. 1. Have staff gather new policies from other cities and simply copy. 2. Hire a personnel consultant to write a personnel policy for the city. Cost $5,000 - $10,000. The cost of the consultant is hard to ignore, but the cost of mishandling the personnel policy is impossible to ignore. I have included with this memo a copy of the MODEL PERSONNEL ORDINANCE from the League of Minnesota Cities. Perhaps the magnitude of the work could be better understood. Take note of the wide range of interpretation. Also, this document is pre - 1990. Many new personnel laws have come into effect, such as mandatory drug testing, which the City will be required to implement in 1996. " MOTION BY: SECOND BY: '-J holds the hearing, It seems unnecessary to provide for the council hearing in the planning commission ordinance. Subd, 6. Capital improvement program. The planning commission shall endeavor to obtain from city officers a descriptive list of proposed improvements for the ensuing five- year period. The planning commission shall also request from the local school district a similar list of its proposed public works. The planning commission shall list and classify all such proposed public works and shall prepare a coordinated program of proposed public works for the ensuing year and for a projected five-year period, Such program shall be recommended by the planning commis- sion to the council and to such other officers, departments, boards, or public bodies as have jurisdiction over the recommended planning or construction of such public works. 204.05. Variances. All applications for variances shall be referred to the planning commis- sion and forwarded with or without recommendations directly to the council for its deci- sion. Part 5. Personnel Policy ,,- .. . Comment: Practice varies in the procedure cities use to establish basic personnel policies. In some cities, the council establishes basic policy by ordinance; in some, by council resolution; and in others by an ordinance supplemented by a more detailed resolution. In a few cities, the home rule charter provides that an administrative officer or agency such as the manager, personnel director, or personnel board, adopts personnel rules on at least some phases of personnel policy. In any city with a police or fire civil service commission or a merit system established under Minn. Stat. Chap- ter 44, some aspects of policy in the departments that civil service covers are within the rule-making jurisdiction of the civil service commission or personnel board. In any city with a labor union some personnel matters are the subject of contract be- tween the city and the union, \J This section is a basic personnel policy suitable for smaller cities, with adaptations suggested in the comments following the various sections and at the end of the sec- tion, It provides a personnel system under which employees serve a probationary period and permanent employees may be dismissed only for just cause after procedural safeguards have been met. Alternate provisions are included at the end of the section for those cities which may want to attempt to establish a system of employment "at will, " under which both employers and employees may tenninate the employment arrangement summarily at any time. 205.01. Purpose. This section is intended to establish a uniform and equitable system of personnel administration for employees of the city. Comment: This section is not legally necessary but is included in most personnel ordinances in the League library, It can be elaborated as desired. 205,02. Scope of ordinance. Subdivision 1. Personnel covered. Except as otherwise specifi- cally provided, this section applies to all employees of the city except the following: , \ ,I 1. All elected officials; 2. The city attorney and the health officer; 3. Members of city boards, commissions, and committees; Model Ordinance Code Page 19 4, Volunteer firefighters and other volunteer personnel; 5, Emergency employees; - " ) 6, Other employees not regularly employed in permanent positions. Comment: The city can expand this list if necessary, However, the city should be careful to see that none of the subsequent sections apply to the exempt personnel. Exceptions should be made in the case of any particular later provisions which should be made applicable to any officers and employees included in this list. The city may also, depending on provisions included in the ordinance as adopted, wish to include a section on definitions of such terms as permanent employee, probationary employee, full-time employee, part-time employee, and emergency employee. The ordinance should make clear whether or not particular references to employees are intended to include probationary as well as permanent employees, temporary (and emergency) as well as regular employees, and part-time as well as full-time employees, Subd, 2. Provisions superseded in certain cases. Any employee included in a collective bargaining agreement entered into in accordance with the Public Employment Labor Rela- tions Act (Minn. Stat. 179A.Ol to 179A.25) shall be exempt from any provision of the section which is inconsistent with such agreement. Any employee within the jurisdiction of a personnel board or civil service commission established under Minn, Stat. Chapters 44, 419, or 420 is exempt from any provision of this part which is inconsistent with such statute or rules and regulations adopted thereunder. Nothing in this part is intended to modify or supersede any provision of the veterans' preference act, Minn, Stat. Sections 197.455, 197.46 and 43A.l1. ,~. , I, ./ Comment: A personnel board or civil service commission that the city establishes under the enabling authority referred has exclusive jurisdiction over many of the mat- ters included here insofar as they apply to a department to which that board or com- mission relates. The same is true of a labor agreement, The council may not by this ordinance limit the effect of valid provisions in these civil service rules or labor agree- ments. Similarly, the rights granted veterans with respect to appointment of civil ser- vice employees and removal of employees generally by the veterans' preference act may not be abridged or modified by ordinance. Veterans' preference is confined to citizens and resident aliens who have been separated under honorable conditions from any branch of the armed forces of the United States (a) after having served on active duty for 181 consecutive days or (b) by reason of disability incurred while serving on active duty, Minn. Stat, 43A.ll, Subd. 1, 197.447, 205.03. Appointments. Every appointment to municipal service shall be made by the ap- pointing authority on the basis of merit and fitness for the position, When required by law or by the council, merit and fitness shall be ascertained by written, oral, or other examina- tions designed to evaluate the ability of the candidate to discharge the position for which the examination is held. Comment: If the city has a manager or administrator, the ordinance may substitute that officer for the councilor may add the officer as an alternative. Some personnel policies include restrictions on appointment of relatives of employees and some re- quire city residence of employees of all or specified departments within a specified period, e.g. one year, after appointment. (Since the Minnesota Human Rights Act prohibits discrimination based on marital status, an anti-nepotism provision can be applied to a spouse of an employee only if it is a bona fide occupational qualification. ,'-"" i ) Model Ordinance Code Page 20 - '~ J Kraft Inc. v. State, 284 N. w: 2d 386, Minn. 1979,) Restrictions of this type are often not in the public interest especially in smaller cities, but if the city wants to include them, they may be inserted as separate subdivisions of this section, as they are in some existing ordinances, or placed in a separate section. A few cities require a physical examination (paid for by the city) as a condition of employment. While the city could require such an examination under this section, a general policy of this sort should be specifically stated here if that is to be the city's general policy. If the city requires a physical examination, it may be wise to provide the physician a job description of the position involved, so that the physician's report can take the duties into account, thus perhaps eliminating some potential injuries and attendant workers' compensation claims. The veterans' preference law provides that a physical disability may not be used to disqualify an applicant who is a veteran unless the disability makes the veteran incompetent to perform the duties of the posi- tion. Similar provisions appear in federal regulations pertaining to the handicapped, and the state human rights act can also be interpreted to forbid irrelevant disability disqualifications with reference to non-veterans. Some ordinances state that it is the city's policy to fill vacancies by promotion wherever practicable. If such a policy is considered desirable, it may be included here or in a separate section. Where the appointing authority is the council, as in statutory cities operating under the standard plan or Plan A, the word "council" may be substituted for "appointing authority" in this provision and elsewhere that the term occurs in the ordinance. In Plan B cities and most charter cities with the council-manager plan, the term "manager" or "city manager" may be substituted. In cities in which the appointing authority is not the same for all positions, the council may wish to define the term if it seems ambiguous, . '. '. J 205,04. Probationary period. Subdivision 1. Purpose. The probationary period is an in- tegral part of the selection process and shall be utilized for observing the employee's work, for securing the most effective adjustment of the employee to the position, and for reject- ing any employee whose performance does not meet the required work standards. Subd. 2. Duration. Every original appointment and every promotional appointment is subject to a probationary period of six months after appointment. Comment: The six months' period is a common one. Some cities use a longer period for some positions where a longer time may be required to appraise performance; some, for example, lengthen the period to one year for police officers. The requirement for a probationary period may not apply to veterans. . -" The state enabling act for police civil service provides for a maximum probationary period of 12 months commencing with completion of the basic training required by state law. If the city has adopted police civil service, the rule on that point will be in rules of the police civil service commission. However, the statutory provision may suggest a precedent for this ordinance if the city does not have police civil service, at least to the extent of requiring that probation in the case of police recruits begin after completion of basic training. Subd, 3, Termination. The appointing authority may terminate a probationary employee at any time during the probationary period if in the appointing authority's opinion the working test indicates that the employee is unable or unwilling to perform the duties of the position satisfactorily or that the employee's habits and dependability do not merit continuance in the position. The employee so terminated shall be notified in writing of the reasons for the termination and shall not have the right to appeal unless the employee Model Ordinance Code Page 21 is a veteran, in which case the city should follow the procedure in Minn. Stat. Section 197.46. '- A permanent employee terminated during the probationary period from a position to which the employee has been promoted or transferred shall be reinstated to a position in the class from which he or she was promoted or transferred unless the employee is dis- charged from the city service as provided in the rules. If a permanent employee promoted or transferred to a position not in the competitive service is terminated from that position, the employee shall be reinstated to a position in the class from which he or she came unless the employee is discharged as provided by the rules. Comment: In smaller cities, the following provision may be a more practical alterna- tive to the last paragraph: ':.4 permanent employee terminated during the probationary period from a position to which the employee was transferred or promoted and not terminated from the city service as provided in these rules shall be placed on a leave of absence without pay. When a vacancy arises in the class from which the employee was promoted or transferred, such employee shall be reinstated to that position. . Provisions for a probationary period assume that requirements for dismissal will be stricter after completion of probation than before. If all employees are subject to dismissal at any time as freely as this provision permits during the probationary period, there is no need for a section on probation. While statutory cities are generally not subject to state restrictions on dismissal except in the case of veterans and for discrimination, a council may by an ordinance such as this one limit authority to dismiss permanent employees, though the council may always change the ordinance to provide differently, This is not true, of course, of police or fire personnel under civil service or other employees for whom civil service has been adopted by vote of the people under Minn, Stat., Chapter 44, or under charter. " '. For cities wishing to establish or continue an employment-at-will personnel system, alternate provisions are included following this ordinance, Subd, 4. Completion. Immediately prior to the expiration of the probationary period, the department head shall notify the council (manager, administrator, personnel officer) in writing whether or not the services of the employee have been satisfactory and whether or not the employee will be continued. If the notification states that the employee will be continued, the employee shall become a permanent employee at the end of the probation- ary period. Comment: Some cities prefer to give permanent status automatically if there is no termination, using language like this: ':.4n employee who has completed the period of probationary service and who has not received, before completion of that period, a written notice from the department head (manager, administrator) that the employee's services are terminated shall be considered to have successfully completed the probationary period and attained the status of a permanent employee, . 205.05. Compensation. Subdivision 1. Amount. Employees of the city shall be compensated according to the schedule the city council establishes, Any wage or salary the council so establishes is the total remuneration for employment, but shall not be considered as reim- bursement for official travel or other expenses which may be allowed for the conduct of official business. Unless approved by the council (manager, administrator), no employee shall receive pay from the city in addition to the salary authorized for the position to which the employee has been appointed. /- . Comment: If the city is to have a general compensation plan [IXing minimum and maximum salary ranges and steps for each position, more elaborate provision should Page 22 Model Ordinance Code :,) be included. If the city chooses to provide "bonuses" to employees such as Christmas parties or Thanksgiving turkeys, they should be a form of compensation pursuant to this section, rather than "gifts" to employees, Subd. 2. Subject to Minn. Stat. 179A.25 but notwithstanding any other law to the con- trary, the city shall, establish equitable compensation relationships as prescribed by Minn. Stat. Sections 471.991 to 471.999, Compensation of each class of city positions shall be fixed in compliance with the provisions of those statutes, Comment: The cited sections of Minn. Stat., Chapter 471, base the compensation of each city position on its "comparable work value," i.e. the value of work measured by the skill, effort, responsibility, and working conditions normally required in the performance of the work. The plan involves use of a job evaluation system (which may be that of some other public employer in Minnesota) in order to determine the comparable work value. The statute puts the system into effect statewide on August 1, 1987, Further details of the statutory requirements, adopted as Laws 1984, Chapter 651, may be included in the ordinance if desired. The law required the city to report to the commissioner of employee relations by October 1, 1985 on its plan for im- plementation of the requirements for use of a job evaluation system to determine the comparable work value. (Minn. Stat. 471.998.) Subd. 3. Temporary and part-time employees. Whenever an employee works for a period less than the regularly established number of hours a day, days a week, or weeks a month, the amount paid shall bear the same relationship to the full-time rate for the position as the time actually worked bears to the time required for full-time service. Temporary employees are not entitled to sick leave, vacation leave, or holidays with pay, ... " ,) Subd, 4. Overtime. Employees to whom the federal fair labor standards act applies shall be compensated for overtime work at one and one-half times their regular rate of pay. Compensatory time off shall be taken as approved by the department head for periods of not less than four hours at a time. Comment: The overtime rate prescribed in this subdivision has been required for most city employees by federal law since April 15, 1986. Note that there are some exceptions such as for police departments with four or fewer officers, Reversing an earlier decision, the U.S, Supreme Court held that the federal fair labor standards act (FLSA) applies to state and local governments. (Garcia v. San Antonio MetroDolitan Transit Authority, 105 S. Ct, 1005, 1985.) In response to the Garcia decision, Congress amended the FLSA. (Fair Labor Standards Amendments of 1986, Public Law 99-150, codified in 29 U.S.c. Chap, 201.) The amendments provide that a city may grant employees compensatory time off in lieu of paid overtime, An employee whose activities include public safety, emergency response, or seasonal work may accumulate up to 480 hours of unused compensatory time before monetary over- time compensation must be paid. Other employees are subject to a 240-hour limit on accumulated compensatory time. - " "-) Overtime hours are calculated on the basis of 40 hours worked per work week for most employees, except for 212 hours for firefighters and 171 hours for police in a 28-day work period, or a proportional number of hours for shorter work periods be- tween seven and 28 days, Executive, administrative, and professional employees, as defined by federal Department of Labor regulations, are exempt from the overtime provisions of the FLSA, Also exempt are employees of seasonal amusement or recrea- tional establishments (e.g. city swimming pool or golf course) which do not operate more than seven months per year. The provision of the Minnesota fair labor standards act which allowed government employees to work up to 48 hours in a week before overtime had to be paid was pre-empted by the FLSA, Model Ordinance Code Page 23 More infonnation on the application of the FLSA to cities may be obtained from the League. Subd. 5. Paydays. Employees shall be paid biweekly on alternate Fridays. When a pay day falls on a holiday, employees shall receive their pay the preceding work day, /' \, Comment: Additional provisions on hourly and daily rates, and on compensation in cases of transfer, promotion, or demotion, are sometimes included in personnel or- dinances. Paying employees biweekly rather than semimonthly simplifies compliance with the FLSA since overtime is detennined generally on the basis of a 40-hour week. On the other hand, it may make compliance with the PERA law slightly more difficult since part-time employees and elected officials are exempt if their monthly compensation does not exceed $325 (or if their annual compensation is stipulated in advance to be not more .than $3,900 per year). Minn. Stat. 353.01, Subd. 2b, clause (b) and (g). 205,06. Work hours. Work schedules for personnel shall be established by the appropriate department head with the approval of the council (manager, administrator), The regular work week for employees is five eight-hour working days in addition to a lunch period, Monday through Friday, except as otherwise established by the department head in accor- dance with custom and needs of the department. 205.07. Vacation leave with pay. Subdivision 1. Amount allowed. Every permanent employee having less than five years consecutive full-time service shall earn vacation leave at the rate of working day(s) for each calendar month of full-time service. Each permanent employee with at least five but less than 10 consecutive years of full-time ser- vice shall earn vacation leave at the rate of working days for each calendar month of full-time service; and each permanent employee with at least 10 years of con- secutive full-time service shall earn vacation leave at the rate of working days of each calendar month of full-time service, (-"\ Comment: Not all cities vary the amount of vacation leave with length of service. Where length of service is taken into account, the number of years required for each of the several accrual rates is often different from that suggested above. In some cities the largest rate of accrual would not be reached until after 20 years of service. If vacation accrual rates vary with departments, as they do in some cities, it will be simpler to put the schedule in a table in the ordinance. Subd. 2. Accrual. An employee may accrue vacation leave to a maximum of days. Comment: Sometimes the limit is stated in tenns of relationship to the amount earned in a year--e.g. one and one-half times the amount earned in a year. Some cities also pennit the councilor the chief administrative officer to penn it accumula- tion beyond the limit where special circumstances make the limit impractical in a particular case. Subd. 3. When taken. Vacation leave may be used as earned, subject to approval by the department head (manager, administrator, council) of the time at which it may be taken. Subd, 4. Terminal leave. Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall be compensated for vacation leave accrued and unused to the date of separation. ,/-'\ '- ;' Page 24 Model Ordinance Code \ '- ) 205.08. Sick leave. Subdivision 1. Amount. Every probationary and permanent employee is ebtitled to sick leave with pay at the rate of day(s) for each calendar month of full-time service or major fraction thereof, Sick leave may be accumulated to a maximum of days and may be granted in units of not less than two hours or 1/4 of a work day. Comment: Some cities permit accumulation at a slower rate after a specified number of years of service. Some cities do not limit the accumulation of sick leave. Subd. 2. Purposes. Sick leave may be granted to employees not on personal leave when the employee is unable to perform work duties due to illness, disability, the necessity for medical, dental, or chiropractic care, childbirth or pregnancy disability, or exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties, Sick leave may also be granted for a maximum of days for death of an employee's spouse, child, father, or mother, or the death of a spouse's mother and father. Comment: Some cities permit use of sick leave in the case of death or serious illness in the "immediate family" without defining the term, Where relatives are named, others are sometimes specifically included, such as grandchildren, grandparents, brot- hers, and sisters. It is common to [IX the maximum length of sick leave for each such instance where sick leave is used. ~J Some cities limit sick leave as such to personal illness or physical incapacity of the employee and provide for "emergency leave" of limited duration in each instance, to be taken from accumulated sick leave, for critical illness or death in the immediate family of the employee or spouse of the employee. Childbirth disability and pregnancy disability are specifically mentioned for clarity, even though they would logically be included within general disability. Subd. 3. Proof. To be eligible for sick leave with pay, an employee shall 1) report as soon as possible to the employee's department head the reason for the absence; 2) keep the department head informed of the employee's condition and if the absence is of more than five days' duration submit a medical certificate for any absence. Subd. 4. Penalty. Using or claiming sick leave for a purpose not authorized by subdivi- sion 2 may be cause for disciplinary action under Section 205.17. Subd. 5. Accrual during leave. For the purpose of accumulating additional vacation or sick leave, an employee using earned vacation leave or sick leave is considered to be working. Subd. 6. Applicability to leave benefits. During the probationary period following an original appointment, an employee is not entitled to sick leave or vacation leave. After the end of the probationary period, an employee is entitled to sick leave and vacation leave accrued from the start of probationary employment. Comment: When a year's probation is required for some employees, it is sometimes provided that paid vacation leave may be taken during the last six months. / 205,09, Military leaves. Every employee to whom Minn, Stat. Section 192.26 or 192.261 or u,s.e.A., Title 38, section 2021 applies is entitled to the benefits afforded by those sections subject to the conditions therein prescribed. / '- Model Ordinance Code Page 2S Comment: The state law giving 15 working days leave per year to national guard and reserve personnel for training or when called into active duty is mandatory. The. federal law requires a leave of absence to an employee for training duty with the armed forces, national guard, or the U.S, Army Reserve, Training duty referred to includes weekly and weekend training assemblies, annual tours of training duty, and special courses of instruction and other types of reserve training covered by federal statutes. The employee is entitled to reinstatement with such seniority, status, pay, and vacation as if the employee had remained on the city job. The employee should be paid as if he or she continued employment, Payment of the difference between normal pay and military pay is insufficient, The state law also entitles an employee to leave of absence without pay when called into active service. The ordinance section is included simply to make city officers and employees aware of the fact that these state and federal statutes apply. / '\ 205.10. Parental leave. An employee who works 20 or more hours per week and has been employed more than one year is entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed six weeks, and must begin not more than six weeks after the birth or adoption of the child. The employee is entitled to return to work at the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain in effect during the leave. Comment: The parental leave law applies to employers who employ 21 or more employees at one site, The city may also allow the use of accrued sick leave as part (or all) of the parental leave, It may also make the employee responsible forinsurance costs while on leave. Finally, if the employee cannot be reinstated at the former position, the city must reinstate the employee in a position of comparable duties, unless the employee would have been laid off irregardless of the leave, 205,11. Leaves without pay. The council (manager, administrator) may grant any per- manent employee a leave of absence without pay for a period not exceeding 90 days, and may extend such leaves to a maximum period of one year in case the employee is disabled or where extraordinary circumstances, in the council's (manager, administrator) judgment, warrant such extension. No vacation benefits shall accrue during a leave of absence without pay, nor shall paid sick leave be granted to individuals on unpaid leave. / '\ l I Comment: The conditions applicable to unpaid leave ought to be very clear on such matters as to whether vacation, sick leave, and seniority continue to accrue to those on leave and whether a person on leave receives any paid group insurance coverage or is eligible to claim paid sick leave for disability occurring while on leave. 205.12. Jury or witness duty. When an employee performs jury duty or is subpoenaed as a witness in court or voluntarily serves as a witness in a casein which the city is a party, the employee is entitled to compensation from the city equal to the difference between the employee's regular pay and the amount received as a juror or witness, 205.13, Rest periods and holidays. Subdivision 1. Rest periods. Every regular employee, when working under conditions where a break period is practicable, shall be granted a IS-minute break period in each half of the employee's shift. Each department head shall schedule rest periods so as not to interfere with work requirements. Comment: Provisions of this kind are commonly but not universally included in per- sonnel ordinances and rules. f \ Subd. 2. Holidays. The following calendar days and such other days as the council may fix are paid holidays: New Year's Day, January 1; Martin Luther King Day, the third Page 26 Model Ordinance Code " ,,~) Monday in January; Washington's and Lincoln's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; (Christopher Columbus Day, the second Monday in October;) Veterans' Day, November 11; Thanksgiving Day, the fourth Thursday in November (and the Friday after Thanksgiving); and Christmas Day, December 25. All employees in regular positions are entitled to time off with full pay on holidays. The city hall shall be closed for business on each such holiday, but employees may be required to work on paid holidays when the nature of their duties or other conditions require, An employee required to work on a holiday shall receive another day off within 30 days thereafter as the department head (manager, administrator) determines unless consideration is given to this factor in determining work schedules. When New Year's Day, Independence Day, Veterans' Day, or Christmas Day falls on Sunday, the following Monday is a paid holiday, and if any such day falls on Saturday, the preceding Friday is a holiday. Each holiday commences at the beginning of the first shift on the day on which the holiday occurs and continues for 24 hours thereafter. Eligible employees shall receive pay for official holidays at their normal rate of pay if they are at work or on a leave of absence with pay during the last regular shift to which they would have been assigned prior to the holiday and the first regular shift to which they would have been assigned following the holiday, In addition to meeting the foregoing criteria, part-time employees are entitled to pay on a holiday only if they would normally be scheduled to work on the day of the week designated as the holiday and they shall be paid only for the number of hours they would have worked. Comment: The holidays listed are those named in the state law on holidays (Minn. Stat. 645.44, Subd. 5), The law provides that no public business is to be transacted on a holiday except in case of necessity. Many cities go beyond the state law by providing that when any holiday falls on Sunday the day following is a holiday. Some also provide that when any holiday falls on a Saturday, the day before is a holiday. / ' I " .J ~J The holidays given in the text in parentheses, Columbus Day and the day after Thanksgiving, are not [IXed in the state law but may be so designated at option of the city. Either or both may be made local holidays. 205.14. Resignation. Any employee wishing to leave the municipal service in good standing except for mandatory retirement under Section 205.18 shall file with his or her department head, at least 14 days before leaving, written resignation stating the effective date of the resignation and the reason for leaving. Failure to comply with this procedure may be con- sidered cause for denying the employee future employment by the city and denying ter- minalleave benefits, Unauthorized absence from work for a period of three working days may be considered by the department head as a resignation without such benefits. 205.15. Grievance policy. It is the policy of the city insofar as possible to prevent the occurrence of grievances and to deal promptly with those which occur, When any employee grievance comes to the attention of a supervisory employee, the supervisor shall discuss all relevant circumstances with the employee, and the employee's representative if the employee so desires, consider and examine the causes of the grievance, and attempt to resolve it to the extent of the supervisor's authority to do so, If the grievance is not dealt with satisfactorily at that level, the grievance may be carried up to the next higher ad- ministrative level, including the council (manager, administrator). If the grievance relates to sexual harrassment this procedure shall not apply. The grievance procedure set out in the sexual harrassment policy shall take precedence. Comment: This simple grievance policy appears in a number of ordinances and per- sonnel rules, Some ordinances specify a more detailed, step-by-step procedure, more suitable for larger cities than for small ones. Labor agreements commonly contain provisions on this subject. When an aggrieved employee is under the jurisdiction of a personnel board established under Minn, Stat. Ch, 44 or a civil service commission, Model Ordinance Code Page 27 the employee may seek redress under either that law or the Minnesota public employ- ment labor relations law. Once a written grievance or appeal is begun under either procedure, the option to pursue the other method is lost. (Minn. Stat. 179A.20, Subd. 4.) ;' "j J 205.16. LayolTs. After at least two weeks notice to the employee, the council (manager, administrator, department head) may layoff any employee whenever such action is neces- sary because of shortage of work or funds, the abolition of a position, or changes in or- ganization. No permanent or probationary employee shall be laid off while there is a tem- porary employee serving in the same class of position for which the permanent or probationary employee is qualified, eligible, and available. 205.17. Discipline. Subdivision 1. In general. City employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities, including observance of work rules adopted by the council (manager, administrator), It is the policy of the city to administer disciplinary penalties without discrimination. Every disciplinary action shall be for just cause and the employee may demand a hearing or use the grievance procedure of Section 205.15 with respect to any disciplinary action which the employee believes is either unjust or disproportionate to the offense committed, The supervisor or department head shall investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. Comment: Incompetence, misconduct, and just cause are tenns used in police and fire civil service acts, in the enabling act for general civil service, and in the veterans' preference law as grounds for discipline. The ordinance relates discipline to failure to perform duties and responsibilities of the position. Some cities may prefer to use language which has some statutory prece- dents even though it is less precise, Some personnel ordinances and rules list specific causes for disciplinary action. This practice has the advantage of assuring that dis- ciplinary action in a particular case is justified when there is specific language cover- ing the particular conduct, but it runs the risk of omitting some kinds of conduct which might under more general language be appropriate grounds for disciplinary action. If a list of specific causes for disciplinary action is desired, it can be given in a separate subdivision following the subdivision on dismissal. The first three subdivi- sions can then be tied to the subdivision giving the grounds for discipline. Any list included in the ordinance should be as complete as possible but include only items which are legitimate causes for discipline by the city. If work rules are adopted, these may give specific standards to which the disciplinary section may relate, Subd. 2. Disciplinary action steps. Except for severe infractions, disciplinary action against any employee shall be progressive and follow the steps listed below in numerical order: ,-' '\ J rl 1. Oral reprimand. 2. Written reprimand. A written reprimand shall state that the employee is being warned for misconduct; describe the misconduct; describe past actions taken by the supervisor to correct the problem; urge prompt correction or improvement by the employee; include timetables and goals for improvement when appropriate; and outline future penalties should the problem continue. The employee shall be given a copy of the reprimand and sign the original acknowledging that he or she has received the reprimand, The signature of the employee does not mean that the employee agrees with the reprimand. The reprimand shall be placed in the city's file on the employee but shall be removed from the file after two years from the (- '\ , / Page 28 Model Ordinance Code :_) date of issuance if there has been no subsequent reprimand and no other discipli- nary action has been instituted, 3. Suspension without pay. Prior to the suspension or as soon thereafter as possible, the employee shall be notified in writing of the reason for the suspension and its length. Upon the employee's return to work, the employee shall be given a written statement outlining further disciplinary actions should the misconduct continue, An employee may be suspended pending investigation of an allegation. A copy of each written statement shall be placed in the employee's personal file, but if the suspen- sion is for investigation and the allegation proves false, the statement shall be removed and the employee shall receive any compensation to which the employee would have been entitled had the suspension not taken place. 4. Dismissal. The council (manager, administrator) may dismiss any employee, but if the employee has completed the probationary period, a dismissal shall be made only for just cause, A dismissed employee will be notified by the previous posting of a summary of Minn. Stat. Sections 181.931 to 181.935 or by furnishing the ter- minated employee a copy of those statutes at termination that he or she has a right to make a written request for the city's reasons for jurisdiction. If requested, the city will provide reasons, in writing, within five working days. This notice will along with reasons contained in the veterans' preference law if the employee is a veteran; a statement indicating that the employee may respond to the charges both orally and in writing and that the employee may appear personally before the official having authority to make or recommend the final decision; and a statement that the employee is entitled to a hearing on request under Subdivision 4 of this section. If such a hearing is held, the dismissal shall not become effective until after the hearing. ,', , ,-_j Comment: To avoid possible defamation actions, extreme caution should be ex- ercised so that the memo to the employee or personnel file which contain allegations about the employee's conduct which could be damaging to future employment prospects are not communicated to the public or other employees. Handwritten notes of the maker, direct to the confidential file, may be best. The notice by posting as a means of informing employees of their right secured by the .whistle blower's law,. Minn. Stat. 181.931-181.935 has been authorized by M. CA.R. 5200.0280, Subp. 2. However, actual delivery of a written notice may avoid disputes as to notice, Furthermore, if the personnel policy requires mailing or other delivery of notice, more stringent requirements of the ordinance must also be fol- ~~ I '\ " ) In the absence of local action providing otherwise, employees in statutory cities have been treated as holding their positions at will and as such they could be dismissed summarily, In recent years, however, many courts have tended to modify this view. The model ordinance, in providing for dismissal only for cause after the probationary period, clearly departs from the employment-at-will concept and in effect gives tenured employees a property right in their positions. Among other things this means that on review of the action of the councilor manager, a court may come to a different conclusion as to whether first cause for dismissal or discipline existed. If a council wishes to preserve as much of the employment-at-will plan as is legally pos- sible, the provisions of the ordinance will have to be modified, as in the alternate ordinance provisions, see page 33. Moreover, any city employee manuals and com- munications with prospective employees before and after hiring should make such a city policy clear. The trend of the courts is toward giving the employee some protection where there is any ambiguity in the arrangements as well as when there is possible discrimination or when employees are covered by labor agreements. Regardless of Model Ordinance Code Page 29 home rule charter provisions or what is put in the ordinance on dismissal and other discipline, the public employees labor relation act provides that when there is a labor contract, any disciplinary action is subject to the grievance procedure and compulsory arbitration provisions contained in the act. (Minn. Stat, 179A.20, Subd. 4.) If parties cannot reach agreement on the grievance procedure, they are subject to the grievance procedure promulgated by the director pursuant to Minn. Stat. 179A.04, Subd. 3, clause (h). Minn. Stat. 179.21 covers the state arbitration procedure for settling dis- putes about the interpretation or application of terms of a labor contract. I) Non-probationary employees have been held to have a property interest in their civil service positions entitling them to due process safeguards, (Arnett v. Kennedy, 416 U.S. 134, 94 S, Ct. 1633, 40 L. Ed. 2d 15, reh, den. 417 a,s. 977, 1974; Nvhus v. Civil Service Board. 305 Minn. 184, 232 N. w: 2d 779, 1975.) The latter case held sufficient the state civil service law provisions for five days' written notice and a post-discharge hearing with the possibility of reinstatement with back pay if the dis- charge is found wrongful. Subd, 3, Other disciplinary actions. The following other disciplinary actions may be taken against any employee after steps 1 and 2 above have been followed: a. Involuntary demotion. b. Forced transfer to a comparable position. c. Withholding a salary increase or decreasing the employee's salary. Subd. 4. Hearing. In any case of suspension, dismissal, or demotion, the employee shall be granted a hearing upon written request for such a hearing made to the council (manager, administrator) within five working days of notification of the action taken, The hearing shall be before the council (manager, administrator) unless the disciplinary action was taken by that body (officer) and the employee requests that the hearing be conducted by some other city agency or officer designated by the council, in which case the hearing shall be conducted by the agency or officer so designated. The hearing shall be held within 10 working days from the date the request is filed unless the city and the employee agree on a later date. (\ ) ,', If after the hearing, the hearing body (officer) finds that the charges are sustained, the dismissal, suspension, or demotion shall be final in the absence of court action. If the hearing officer or body finds that the charges are not sustained, the employee, if he or she has not been suspended pending investigation, shall be reinstated and paid all back pay due for the period of suspension; if there has been no suspension, the employee shall be continued in the position as though the disciplinary action had not been taken. Findings by the hearing officer or body shall be in writing and filed with the city clerk within three days after completion of the hearing. The hearing officer or body shall give written notice of the decision to the employee and to the disciplinary authority, unless the hearing officer or body was such authority. If the disciplinary action involves the removal of a veteran, the hearing shall be held in accordance with Minn. Stat. 197.46. Comment: It is probably a denial of due process if the only hearing to which the employee is entitled is before the officer or body ordering the disciplinary action. Cf Arnett v. Kennedv, supra, in which, among the six opinions of the justices, five ap- peared to agree that the employee is entitled to a hearing before an impartial officer or body. (' '\ ,I Page 30 Model Ordinance Code ) The language of this subdivision should be altered as necessary to reflect the or- ganization and practices of the city adopting the ordinance. If, for example, the city has a manager who is solely responsible for dismissals, demotions, and suspensions, the manager should not be the hearing officer unless the employee agrees. In such a city, the council itself may wish to conduct hearings on employee discipline when required rather than create another agency for the purpose, On the other hand., if a statutory city has no manager or administrator and the council takes the disciplinary action resulting in an employee request for a hearing, the council may be an inap- propriate body for conducting hearings when the employee objects to its acting in that capacity, If the city has a personnel board., the duty to hear appeals from dis- ciplinary orders may appropriately go to that body, as is the case in cities which have established such a board under the statutory merit system act, Minn. Stat, Ch. 44. In some cities, the best solution to the problem of securing an impartial agency for such appeals may be to create a pennanent or ad hoc hearing board for the purpose. /" \ There is also the problem of authority of the hearing officer or body after the hearing is completed. The provisions of the model ordinance on this point are based on the statutory merit system act although the personnel board prescribed by that law is the hearing body, An alternative provision might limit the authority of the hearing officer or body to the making of recommendations to the disciplining authority. 205.18. Retirement policy. Subdivision 1. General Rule. Every law enforcement officer and firefighter employed by the city shall automatically be retired upon reaching the age of 65 years. No other city employee shall be required to retire at any specific age. Comment: Under the federal age discrimination in employment amendments of 1986 (ADEA), cities may establish a mandatory retirement age for law enforcement of- ficers and firefighters until December 31, 1993, The mandatory retirement age may not be lower than the mandatory retirement age that was in effect on March 2, 1983. Minnesota state law which was in effect on that date pennits a retirement age of 65 years for police officers and firefighters (Minn. Stat. 423,076 is of general application though listed in the statutes under first class cities). Therefore, 65 is the lowest age which cities may use for mandatory retirement for those employees, though arguably, cities having fewer than 20 employees could set a lower mandatory age of retirement since the federal law does not apply to them. The new federal legislation also includes a provision requiring a study by the U. S. Department of Labor and the Equal Employment Opportunity Commission to deter- mine whether tests can be used to measure an individual employee's physical capability of continuing to perfonn public safety work. If the study shows that no such tests exist, Congress may extend the exemption from the ADEA until such tests can be developed. " ...J The ADEA defines a firefighter as "an employee, the duties of whose position are primarily to perfonn work directly connected with the control and extinguishment of fire or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administra- tive position. " The tenn law enforcement officer is defined as "an employee, the duties of whose position are primarily the investigation, apprehension, or detention of in- dividuals suspected or convicted of offenses against the criminal laws of a state, including an employee engaged in this activity who is transferred to a supervisory or administrative position. " , \ ,-) Model Ordinance Code Page 31 The 1986 amendments expand the protections of the ADEA to cover all individuals who are 70 years of age or older. (The previous law protected workers only up to age 70.) Therefore, in cities with 20 or more employees, a mandatory retirement age may not be established for any employees except police and firefighters for some. The federal law excludes employers of fewer than 20 people, and the Legislature amended state law in 1987 to confonn with the federallaw. If any city with fewer than 20 employees adopts a mandatory retirement age and the affected employees protest, legislation extending the prohibition to all cities seems likely. / \ J Subd, 2. Retention after age 65. If the (manager, administrator, department head, if there is no overall administrative head) finds that the interests of the city will best be served by allowing a police officer or firefighter to remain in the employ of the city after reaching 65 years of age because the officer's services are especially needed or a replacement would be especially difficult, the may recommend to the council no later than 60 days before the employee's retirement date that the employee be retained after age 65, Unless the council disapproves such retention within three weeks after receipt of the recommendation of the , the may continue the employment of such person for one year. Any such employee may be retained for successive one-year periods upon the annual recommendation of the and approval of the council. Comment: Some cities include a provision of this kind to avoid the premature loss of especially valued employees, but some omit such provisions. Some rules require a physical examination to show that the employee is fit to continue the work. All blanks should be filled in with the title of the same administrative official. 205,19. Unlawful acts. Subdivision 1. Falsification of records. No person shall knowingly make any false statement, certificate, mark, rating, or report in regard to any test, certif- icate, or appointment held or made under the city personnel system, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provi- sions of this ordinance. ,----, Subd. 2. Rendering of consideration. No person seeking employment to or promotion in the municipal service shall either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any person, or on account of or in connection with the person's test, appointment, or promotion, or proposed appointment or promotion. Subd. 3. Discrimination. No person shall be employed, promoted, demoted, or dis- charged by the city or in any way favored or discriminated against because of political opinions or affiliations, race, color, national origin, religion, sex, marital status, status with regard to public assistance or disability, or because of the exercise of rights under provi- sions of the public employment labor relations act, Minn. Stat. 179A.01-179A.25. No per- son over the age of 18 years of age shall be discriminated against with reference to city employment in any way forbidden by federal or state law. Comment: The state human rights act prohibits discrimination in employment for people 18 years old or over. 205.20, Omcials under workers' compensation act. Pursuant to Minn. Stat, 176.011, Subd. 9, clause 5, the elected officials of the city and those municipal officers appointed for a regular term of office are hereby included in the coverage of the Minnesota workers' compensation act. ,-\ . / Page 32 Model Ordinance Code :_J Comment: These officers are not within the coverage of the workers' compensation law unless the council takes action like that above. The council may do this by resolution instead of ordinance in which case this section of the ordinance code should be omitted. " 'I 'J 205.21. Exposure to hazardous substances. Any employee routinely exposed to hazardous substances or harmful physical agents as defined in the Minnesota employee right to know act of 1983 (Laws 1983, Ch, 316, Minn, Stat. 182.65-182.675) shall be trained before being assigned or reassigned work exposing the employee to such substances or agents and shall be given training annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the workplace, how the hazards are labeled, and where to obtain specific information. The manager (administrator or other designated official) shall provide for such training and for compliance with the Minnesota employee right to know act of 1983, including the establishment of specific policies to insure com- pliance with the state law and regulations. An employee acting in good faith has the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious physical harm to the employee. Comment: The statute provides that an employee is "routinely exposed to hazardous substances or harmful agents" when there is a potential for exposure during the nor- mal course of assigned work. The regulations are incorporated in Minnesota Rules, 8 Ch. 5210. The ordinance section serves the purpose only of calling attention to the statutory requirements and state regulations and of focusing responsibility for local compliance with state requirements upon a local official or officials designated in the ordinance, In some small cities there may be virtually no employees to which the act applies. Compliance is likely to be most complicated in facilities like municipal hospitals, park departments, and utilities. Copies of the statute and regulations may be obtained from Minnesota OSHA, 444 Lafayette Road, St. Paul 55101, (612) 296- 2116. Two Department of Labor brochures, Minnesota Right to Know Act of 1983 and Complying with Minnesota's Employee Right-to-Know Standards, may be ob- tained from the Minnesota OSHA office or from the State Register and public documents division. 205,22. Sexual harrassment. The city is committed to providing a work environment that is free of discrimination. In keeping with this commitment, the city maintains a strict policy prohibiting unlawful harrassment, including sexual harrassment. This policy prohibits har- rassment in any form, including verbal and physical harrassment. An employee who believes he or she has been harrassed by a co-worker, supervisor, or agent of the city should promptly report the facts of the incident or incidents and the names of the individuals involved to his or her supervisor or in the alternative, to the personnel department (manager, administrator). Supervisors should immediately report any incidents of sexual harrassment to the personnel department (manager, ad- ministrator). The personnel department (manager, administrator) will investigate such claims and take appropriate action. 205.23, Supplemental employment. Employees must devote all work time to city business. No work relating to supplemental or outside employment may be performed during work time. Employees may accept supplemental employment while a city employee only if the follow- ing conditions are met. , "- ".) 1. The employee submits a notification form describing in detail the duties of the supplemental position and the potential conflict of interest with city employment. Model Ordinance Code Page 33 2. The council (administrator) approves the supplemental employment. Comment: " '\ / Alternate Provisions for Employment at Will Many Minnesota cities, particularly smaller ones, have hired and fired at will, thus providing for no tenured employees. Although courts in recent years have tended to modify this system, particularly where statements in policy manuals or interviews with employees have implied a more pennanent status for employees, employment at will is still possible in Minnesota cities if the system is provided unequivocally, No matter how clearly the plan is spelled out, however, the system is restricted in some applica- tions by laws against discrimination in employment and certain other restrictive statutes, as well as by the application of labor union agreements giving employees more protection than the ordinance itself provides. The principal modifications in the model ordinance required to provide for employ- ment at will consist of the addition of a change in the purpose section (Sec. 1) to spell out the clear intent and the revision of the section on discipline. To avoid lan- guage distinguishing between "probationary" and "pennanent" employees and thus suggesting that the latter are intended to have some tenure rights, it may be desirable to omit any provisions on probation (Sec, 4 of the model ordinance) since every employee in an employment-at-will system is always on probation. However, some cities providing such a system by ordinance have included a section on probation attempting to stipulate in it that "pennanent" employees, like "probationary" employees, hold their positions at will and may be tenninated by either the city or the employee at any time for any reason. Rather than providing an anomalous dis- tinction between probationary and pennanent employees in an employment-at-will city, it may be more advisable to distinguish between "new" (i,e. those in the first six months or specified period in a position) or "beginning" employees and other employees by specifying the differences (e,g, the ability to accumulate and use vaca- tion and sick leave and other leaves of absence) in employment before and after this initial period of employment in a position, ,.-, "> ~ ',. Some suggested language for establishing or preserving the employment-at-will con- cept in a particular city follows. If such a plan is adopted, no change in the ordinance providing for summary publication is required. The text that follows relies on the foregoing model ordinance where possible, supply- ing new text where necessary but merely calling attention to minor changes in wor- ding, The title of the model ordinance may be used without change. Sections omitted remain the same. Text of the Alternate Ordinance Sec. 1. Purpose and intent. It is the purpose of this ordinance to establish a unifonn and equitable system of personnel administration for employees of the city. The provi- sions of this personnel policy do not establish terms and shall not be construed as contractual provisions. This policy may be amended at any time at the sole discretion of the city. Sec. 4. Duration of employment. Except as restricted by statute or applicable labor agreement in particular cases, the city may dismiss the employee at any time for any reason. Subject to Section 14, any employee may tenninate city employment at any time. ,- '\ ,I Page 34 Model Ordinance Code : ) Comment: For clarity as to intention this section states the essence of the employment-at-will rule, While the employee may quit at any time, he or she must comply with the notice requirement of Section 18 in order to preserve terminal leave benefits and keep the employee open to the possibility of future city employment. This section replaces the section in the model ordinance dealing with probation, which seems inconsistent with the principle expressed in Section 4 of the alternate. Some cities using the employment-at-will concept do include a provision for a proba- tionary period during which, presumably, the new employee will be subject to more formal scrutiny and training than afterwards, even though dismissal afterwards is no more restricted than before. See the main model ordinance, Section 4, for language that may be adapted for use in the alternate ordinance. Sec. 7, Vacation leave with pay. Substantially same as previous model except for the omission of the word "permanentW before WemployeeW in three instances if there is no probationary period. Sec. 8. Sick leave. No change except in Subd. 6 where the following should be sub- stituted.' wDuring the first six months of service following an original appointment, an employee is not entitled to sick leave or vacation leave. After the end of that period, an employee is entitled to sick leave and vacation leave accrued from the start of employment, W Comment: If a probationary period is named as such, the original language may be retained without change, / " "-/ Sec. 11. Leaves without pay. Same as original except to remove "permanentW in the first sentence by beginning the sentence as follows: "The council (manager, ad- ministrator) may grant an employee with at least six months service as an employee of the city a leave of absence... " Sec. 16. Layoffs. Same as original except to change the second sentence to read, wNo regular employee shall be laid off while there is a temporary employee serving in the same class of position for which the non-regular employee is qualified, eligible, and available, " Sec. 17. Discipline. Subdivision 1. In general. City employees shall be subject to dis- ciplinary action for failing to fulfill their duties and responsibilities, including obser- vance of work rules adopted by the council (manager, administrator). It is the policy of the city to administer disciplinary penalties without discrimination. The supervisor or department head shall investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. Discipline will be based on the nature and severity of the infraction and conditions surrounding the incident where possible, using generally accepted principles of progressive discipline where practicable. Disciplinary action may include oral reprimand, written reprimand, in- voluntary demotion, forced transfer to a comparable position under a different su- pervisor, withholding a salary increase or decreasing the employee's salary, suspension, and dismissal. Subd. 2. Suspension. Subject to state law on veterans' preference, the appointing authority may suspend an employee without pay for disciplinary reasons. An employee may not be so suspended for more than 30 days in any calendar year. . "- ,,) Subd. 3. Dismissal. Subject to state law on veterans' preference, and subject to Minn. Stat. 181.931-181.935 any employee may be dismissed from municipal service by the council (manager, administrator) for any reason. Model Ordinance Code Page 35 Comment: As drawn, this section carries to the fullest the employment-at-will concept by omitting any provisions for an appeal and a hearing from suspensions and dis- missals. This treatment of the problem is based on the underlying assumption that a hearing is not constitutionally required when the employee serves at will and would serve no useful purpose, since no matter what was shown at a hearing, the original order for suspension or dismissal need not be modified by the disciplining authority. Note that under Minn. Stat, 181.933 all tenninated employees have a right to notice of their right to be provided truthful reasons for the tennination. Under M C.A.R. 5200.0280, Subp. 2, posting a summary of Minn. Stat. 181.931 to 181.935 in a con- spicuous and accessible place in or about the premises where the employee worked, accomplishes notices. If posting has not been done, provision of a copy of those statutes at tennination will probably suffice. , '1 To mitigate the effects of the at will policy, some councils include in their employment-at-will ordinances a statement of causes for such disciplinary action and provisions for notice to the employee and an opportunity for a hearing on appeal. Where this is desired, appropriate language from Section 17 of the main model or- dinance may be incorporated in the alternate even though it may be anomalous in an ordinance purporting to provide for employment at will. As a lesser compromise on this point, a council may wish to consider providing for a hearing on request, with the hearing officer empowered only to recommend action in the matter to the dis- ciplinary authority without restricting that authority's power to reaffinn its original decision, In any event, the disciplining authority and the hearing authority in cases of discipline and review should be those appropriate to the fonn of government of the city adopting the ordinance. The two should not be the same officers or bodies. ( '- 1 '0 In the case of a veteran, removal may be made only for incompetency or misconduct shown after a hearing on due notice. (Minn. Stat. 197.46,) .0,........ " ,." Sees. 18-26. Same as the corresponding sections of the main model ordinance. Omitted provisions A number of other subjects sometimes treated in personnel ordinances and rules, particularly those in large cities, have been omitted from this ordinance. Among them are: 1. Position classification plan. Larger jurisdictions increasingly provide in the or- dinance for the installation and maintenance of a plan for classifying all city positions into groups, with statement of duties, eligibility requirements, and relationships for entry and promotion purposes to other positions, When a city includes provisions for a position classification plan in its ordinance, the or- dinance does not contain the details of the classification plan, which is usually developed and adopted administratively, sometimes subject to council approval. 2. Personnel officer and personnel board. Sometimes provisions are made for a personnel officer to administer the city personnel system and for a personnel board, which acts usually as an appeal board and sometimes as a rule-adopting or recommending agency. If either of these is provided, duties, qualifications, appointment, terms, and other pertinent matters should be spelled out in the ordinance. If the city adopts a merit system as authorized in Minn. Stat, Chapter ." '\ '\ Page 36 Model Ordinance Code , " .~) /"'~ I. ' , .../ " ) 44, a personnel board is provided for by that act. This is also true if the city adopts civil service for police or fire personnel under Minn. Stat, Chapter 419 or 420. 3. Employee advisory board. Ordinances sometimes provide for a board, usually representative of employees, the administrators, and the council, whose duties are to advise the administration and the council in the fonnulation and ad. ministration of personnel policy and in the consideration of matters affecting the quality of the municipal service. 4. Provisional appointments. Where the city has fonnal civil service, provisions are usually included for appointments to fill vacancies temporarily when there is no existing list of eligibles (as the result of examinations) for the position. Where there is such a system, there are usually more detailed provisions, also, for tem. porary appointments from eligible lists. 5. Affinnative action. Newer ordinances of larger communities often contain provi. sions designed to encourage appointment and promotion of women and people from minority groups. These are intended to implement the provisions of federal and state law and regulations. The provisions may more appropriately be put in a separate document. 6. Political activities. Fonnerly many personnel ordinances attempted to restrict political activities of employees. Now, however, a state law (Minn, Stat. 43.28, Subd. 1) forbids certain political activities by officers and employees of local governments and prohibits local governments from adopting any other limita. tions on such activities. Unless a council wishes, for purposes of infonnation or emphasis, to include the statutory restrictions in the personnel ordinance, there is no purpose served by an ordinance section on political activities of officers and employees. 7. Severance pay. Some ordinances contain provisions granting an amount of money as "severance pay" to an employee upon separation from the service in any specified way other than by dismissal. Severance pay may be rued in terms of one month's pay for a specified number of years of service or in terms of one day's salary for two, three, or other specified number of days of unused sick leave. The model ordinance makes the usual provisions for payment for unused annual leave but omits any provision for payment for unused sick leave. Under state law severance pay may not exceed one year's pay (Minn. Stat, 465.72). 8. Group insurance, Some ordinances include provisions for employee group life, hospitalization, and medical insurance. Such provisions may specify the general nature of the insurance coverage and the municipal policy with reference to the portion of the premium to be paid by the city; or they may simply provide that there is to be a group insurance program and provide for the subsequent develop- ment of the plan and adoption by the counciL Many cities do not provide for this in the personnel ordinance even when they do have employee group in- surance programs, However, all employees' benefits should be listed in one place, such as an employees' manual, where they may be brought to the attention of each employee and prospective employee. If the city has group health insurance for its employees, under a federal law effective July 1, 1986, any employee tenninated voluntarily or involuntarily for reasons other than gross misconduct is entitled to continue coverage for eighteen months or until the employee is covered under another group health plan as the result of employment, re-employment, or marriage, or becomes entitled to Medicare benefits, Under the law, Model Ordinance Code Page 37 employees who would otherwise lose coverage due to a reduction in hours may remain in the health plan. .' "\ Non-employees can elect to retain group health care coverage for 36 months if a member of their family who has group health insurance dies while employed by the city, a spouse is divorced or separated from a covered employee, a spouse becomes eligible for Medicare, or a dependent child turns 18 and would otherwise lose coverage. A conversion option is required for qualified beneficiaries after the 36- month coverage period. Cities may charge individuals and families choosing the continued coverage up to 102 percent of the applicable costs, defined as a reasonable estimate of the cost of providing coverage for a similarly situated beneficiary, Under Minnesota law (Minn. Stat, 62A.17), within 10 days of termination the city must notify the employee of the right to continue coverage. To alert the appropriate city officer to this obligation, the council may wish to provide for this notice in the pe~onnelordinanc~ Part 6. Abandoned Property 206,01. Abandoned motor vehicles. Subdivision 1. Impoundment and sale. The city police department shall take into custody and impound any abandoned motor vehicle as defined by Minn. Stat., 168B.02, Subd. 2. It shall give notice of the taking as provided by law and if the owner or any lienholder does not reclaim the vehicle within the period provided by law, it shall provide for the sale of the vehicle to the highest bidder at public auction or sale following two weeks' published notice. Subd. 2. Summary action in certain cases. When an abandoned motor vehicle is more than seven model years of age, is lacking vital component parts, and does not display a license plate currently valid in Minnesota or any other state or foreign country, it shall immediately be eligible for sale under Subdivision 1 and shall not be subject to the notifica- tion, reclamation, or title provisions of Minn. Stat. 168B.01 to 168.13. Subd. 3. Disposition of proceeds. The proceeds of the sale of an abandoned motor vehicle shall be placed in the general fund of the city. If the former owner or entitled lienholder makes application and furnishes satisfactory proof of ownership or lien interest within 90 days of the sale, the former owner shall be paid the proceeds of the sale of the vehicle less the cost of towing, preserving, and storing the vehicle and all administrative, notice, and publication costs incurred in its handling. i-' Comment: This section largely adopts by reference the provisions of the state law on abandoned motor vehicles, Minn. Stat. 168B,OI, which applies even in the absence of an ordinance, The law requires .reasonable public notice. of the sale; Subdivision 1 of the ordinance prescribes two weeks' publication. Minn. Stat. 168B,08, Subd. 3 provides that the city is to reimburse itself for its costs and any remainder .shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in the treasury of the political subdivision. . Since the proceeds must be treated as public funds and put in the treasury during this 90-day period, it seems appropriate and in compliance with the intent of the law to put the proceeds into the general fund (or whatever is a more appropriate fund under the city's own practice) immediately and provide for the calculation of net proceeds when and if the owner of lienholder makes application during the 90-day period. The state auditor's staff has informally concurred in this view, r' \ / Page 38 Model Ordinance Code - -, -) -- ~" I \. -_/ , , I '~ Some ordinances set out the provisions of the state law in detaiL 206.02. Other abandoned property. Subdivision 1. Procedure. All other property lawfully coming into the possession of the city shall be disposed of as provided in this section. Subd, 2. Storage. The department of the city acquiring possession of the property shall arrange for its storage. If city facilities for storage are unavailable or inadequate, the department may arrange for storage at privately owned facilities. Subd. 3. Claim by owner. The owner may claim the property by exhibiting satisfactory proof of ownership and paying the city any storage or maintenance costs incurred by it. A receipt for the property shall be obtained upon release to the owner. Subd. 4. Sale. If the property remains unclaimed in the possession of the city for 60 days, the property shall be sold to the highest bidder at a public auction conducted by the chief of police of the city after two weeks' published notice setting forth the time and place of the sale and the property to be sold. Subd. 5. Disposition of proceeds. The proceeds of the sale shall be placed in the general fund of the city. If the former owner makes application and furnishes satisfactory proof of ownership within six months of the sale, the former owner shall be paid the proceeds of the sale of the property less the costs of storage and the proportionate part of the cost of published notice and other costs of the sale, Comment: This section is based on Minn. Stat. 471,195 authorizing the cities to provide for the sale of unclaimed property. The two weeks' published notice and , 60-day provisions of Subdivision 4 and the six months provision of Subdivision 5 are minimum requirements under the law. Home rule charter cities may vary the procedure to comply with different charter provisions. 4' Model Ordinance Code Page 39 Chapter III. Street, Park, and Public Property and Improvements / , ( Part 1. Street Excavations 301.01. Permit required. No person, except an authorized city employee or a contractor performing work under a contract with the city, shall make any excavation in a street, alley, sidewalk, or public ground without first having ,secured a permit therefor from the . The fee for such permit shall be for each location covered by the permit, but no fee shall be required for an excavation made pursuant to a permit for sewer or water construction. Comment: Fill in the first blank with the city official designated to issue the permit, e.g. the city clerk, city engineer, superintendent of public works, or street commis- sioner, and the second blank the dollar amount of the permit. 301.02, Application and regulations. The shall prepare the necessary applica- tion forms and permits required under section 301.01. The shall also prepare such rules and regulations with respect to excavations as the finds necessary to protect the public from injury, prevent damage to public or private property, and minimize interference with the public use of streets, alleys, sidewalks, and public grounds, Any per- son making an excavation covered by this section shall comply with such rules and regula: tions. Comment: Again, fill in the blanks with the designated city official, see comment under 301.01. /-"'\ 301.03 Bond. Any permittee, except a public utility corporation or a bonded plumber, shall file with the a corporate surety bond, cash deposit, or certified check in the amount of $ , conditioned that the permittee will: a. perform work in connection with the excavation in accordance with applicable or- dinances and regulations; ( b. indemnify the city and hold it harmless from all damage caused in the execution of such work; and c. pay all costs and damages suffered by the city by reason of the failure of the per- mittee to observe the terms of applicable ordinances and regulations or because of negligence in the execution of the work; The bond shall be approved as'lo form and legality by the city attorney. Any permittee except a public utility corporation shall furnish proof that the permittee has in existence an insurance policy protecting the permittee from liability to the public, including the city, to an amount equal to the maximum claim the city might be required to pay under Minn. Stat., Chapter 466, Comment: While it is common for ordinances regulating street excavations to require only a surety bond to protect the city, this alone may not provide adequate protection, so the model section requires assurance that the permittee also has public liability insurance. Because the city may be liable to the public for damages resulting from the excavation, the requirement ties in, as to amount of coverage, the act imposing " , f \ I l Page 40 Model Ordinance Code CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE APRIL 4,1995 '" ORIGINATING DEPARTMENT APPROVED FRANK O. STONE FOR AGENDA PUBLIC WORKS SUPERINTENDE~ ... AGENDA SECTION f\O. NON-DISCUSSION I CONSENT ITEMS ITEM f\O. HIRE PUBLIC WORKS PERSONEL /s. (!5) BY: Y THE CITY COUNCIL IS REQUESTED TO APPROVE THE HIRING OF JEREMY JOHNSON AS PUBLIC WORKS MAINTENANCE PERSON PRIMARILY ASSIGNED TO OUR PARKS DEPARTMENT. MR. JOHNSON ACCEPTED OUR OFFER FOR EMPLOYMENT, PENDING APPROVAL BY CITY COUNCIL, AND HAS AGREED TO START APRIL 5, 1995 WITH A SALARY OF $10.30 HOUR. HE WILL BE AWARDED A $O,50/HOUR INCREASE AFTER SATISFACTORILY COMPLETING A 6 MONTHS PROBATIONARY PERIOD. WE RECEIVED 81 APPLICATIONS FOR THIS POSITION. JEAN NICHOLS, KEVIN STARR , AND MYSELF INTERVIEWED FOUR OF THE APPLICANTS BASED ON THEIR EXPERIENCE, \ I WE ORIGINALLY PLANNED TO INTERVIEW FIVE APPLICANTS, BUT ONE PERSON WAS UNAVAILABLE DURING THE INTERVIEWING TIME. MR. JOHNSON'S QUALIFICATIONS BEST MEET OUR NEEDS AND HIS EXPERIENCE WILL BE AN ASSET TO OUR DEPARTMENT. ~OTION BY: , TO: (~':3~"':I"""", 'dl ) ~",,:" ~~\ c,-: '., CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ~'''> AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT April 4. 1995 Non-Discussion Building Department oP ITEM NO,/ Amend Ordinance #19 /(00 BY: David Almgren The City Council is hereby requested to adopt the 1994 Minnesota State Building code with the amendments as shown. The fee schedule will remain the same as adopted by Council in December 1994 for 1995. COUNCIL ACTION MOTION BY TO SECOND BY APPROVED FOR AGENDA Dc.t BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 19N AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE: PROVIDING FOR ITS ADMINISTRATION AND ENFORCEMENT: REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THE CITY OF ANDOVER: PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDING PENALTIES FOR THE VIOLATION THEREOF: AMENDING ORDINANCE NO. 19 OF THE CITY OF ANDOVER. The City Council of the City of Andover does ordain as follows: SECTION 1. APPLICATION, ADMINISTRATION AND ENFORCEMENT. I The application, administration, and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by chapter 1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota statute 16B.62 s~bdivision 1 when so established by this ordinance. The code enforcement agency of this municipality is called the City of Andover. A Minnesota certified Building Official must be appointed by this jurisdiction to administer the code (Minnesota statute 16B.65). SECTION 2. PERMITS AND FEES. The issuance of permits and the collection of fees shall be as authorized in Minnesota statute 16B.62 subdivision 1 and as provided for in chapter 1 of the 1994 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Permits fees shall be assessed for work governed by this code in accordance with Resolution #R307-94 and as amended by the city council. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota statute 16B.70. SECTION 3. VIOLATIONS AND PENALTIES. A violation of the code is a misdemeanor (Minnesota statute 16B.69). SECTION 4. BUILDING CODE. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75, is hereby adopted as the building code for this jurisdiction. The code is hereby incorporated in this ordinance as if fully set out herein. Page Two Adoptive Ordinance - Building Code A. The Minnesota state Building Code includes the following chapters of Minnesota Rules: 1. Chapter 1300 - Minnesota Building Code 2. Chapter 130l - Building Official Certification 3. Chapter 1302 - state Building Construction Approvals 4. Chapter 1305 - Adoption of the 1994 Uniform Building Code including Appendix Chapters: a. 3, Division I, Detention and Correctional Facilities b. 12, Division II, Sound Transmission Control c. 29, Minimum Plumbing Fixtures 5. Chapter 1307 - Elevators and Related Devices 6. Chapter 1315 - Adoption of the 1993 National Electrical Code. 7. Chapter 1325 - Solar Energy Systems. 8. Chapter 1330 - Fallout Shelters. 9. Chapter 1335 - Floodproofing Regulations. 10. Chapter 1340 - Facilities for the Handicapped ll. Chapter 1346 - Adoption of the 1991 Uniform Mechanical Code 12. Chapter 1350 - Manufactured Homes. 13. Chapter 1360 - Prefabricated Buildings. 14. Chapter 1365 - Snow Loads. 15. Chapter 1370 - Storm Shelters 16. Chapter 4715 - Minnesota Plumbing Code 17. Chapter 7670 - Minnesota Energy Code B. This municipality may adopt by reference any or all of the following optional appendix chapters of the 1994 Uniform Building Code as authorized by Minnesota rule part 1305.0020 subpart 2: 15, Reroofing; 33, Excavation and Grading. The following optional appendix chapters of the 1994 Uniform Building Code are hereby adopted and incorporated as part of the building code for this municipality. 1. 15, Reroofing 2. 33, Excavating and Grading C. This municipality may adopt by reference any or all of the following optional chapters of Minnesota rule: 1306, Special Fire Protection Systems with option 8a (Group M, S, or F occupancies with 5,000 or more gross square feet); 1335, Floodproofing regulations parts 1335.0600 to 1335.1200. Page 2 Page Three Adoptive Ordinance - Building Code The following optional chapters of Minnesota rule are hereby adopted and incorporated as part of the building code for this municipality. l. 1306 Special Fire Protection System with Option 8A. 2. 1335 Floodproofing regulations parts 1335.0600 to 1335.1200. SECTION 5. 1. Architectural Design, Exterior Facing The application for a building permit, in addition to other information required by applicable laws or regulations, shall include exterior elevations of the proposed structure amd drawings which will adequately and accurately indicate the height, size, design, and appearance of all elevations of the proposed structure and a description of the construction and materials proposed to be used. 2. Referral of Application by Inspector in Certain Cases When an application is filed with the City for a building permit for any structure to be built, enlarged, or altered within, or moved into the City, the Building Official shall review such application and accompanying documents to determine whether the exterior architectural design, appearance, or functional plan of such proposed structure, when erected will be so at variance with, or so similar to the exterior architectural design of any structure or structures already constructed or in the course of construction which is within three hundred (300') feet of the lot upon which the structure is located, or so at variance with the character of the applicable district as established by the zoning ordinance of the City as to cause a substantial depreciation in the property values of the neighborhood. The three hundred (300') foot restriction shall be determined by measurement along the street upon which the structure fronts (19K, 11-15-88) If the Building Official finds that the exterior architectural design of the proposed structure, when erected, may be so at variance with, or so similar to, the exterior architectural design, appearance, or functional plan of structures already constructed or in the course of construction in the neighborhood, no building permit therefore shall be issued and the Building Official shall within ten (10) days after receipt of the application of the building permit application and supporting documents, file the same and such opinion in writing, signed by the Building Official, with the Secretary of the Board of Design Control, which shall review the determination of the Building Official. (19J, 3-15-88) Page 3 Page Four Adoptive Ordinance - Building Code 3. Board of Design Control Created The Andover Review Committee of the City of Andover shall be and is hereby appointed as the Board of Design Control. The Board shall review all building permit applications referred to it by the Building Official upon his determination that the exterior architectural design of the proposed structure would violate the provisions of this ordinance. The Andover Review Committee shall act upon all applications or other matters referred to it within twenty (20) days from the date such application was originally filed with the Building Official. It may approve, conditionally approve or disapprove the exterior design of any proposed building or structure, enlargement or alteration and may modify, request such modifications as it may deem necessary to carry out the purpose and intent of this section. Any person aggrieved by the decision of the Andover Review Committee may take an appeal therefrom to the City Council. Such appeal shall be taken within five (5) days after the decision of the Andover Review Committee. The City Council shall act upon all application or other matters referred to it within forty-five (45) days from the date of appeal. (191, 2-02-88) SECTION 6. A. The general contractor or home builder shall meet the improvements required under Ordinance #10 as: l. provide four (4") inches of topsoil and sod on all boulevards in areas served by municipal sewer and water, and four (4") inches of topsoil and seed on all boulevards in other areas, and the conditions regarding hard surfaced driveways and erosion control. B. If any of the improvements required under Section 6A are not completed at the time of the final inspection by the Building Inspector, the general contractor or home builder shall furnish to the City, a security agreement in an amount equal to 150 percent of the Building Official's estimated cost for such improvements. The improvements shall be completed within 30 days of the furnishing of the security agreement, except between October land May 1 and all work shall be completed by June l. Requests for the release of any security agreements provided hereunder may be made by the general contractor or home builder upon completion of all improvements covered by the security agreement. The Building Official shall approve or deny the request. If denied, the Building Official shall state in writing the reasons for such denial. The general contractor or home builder may appeal the decision to the City Council by filing with the Building Official a written request for such appeal within ten days after receiving the Building Official's notice. The appeal shall be placed on the agenda of the next regular Council meeting. The general contractor or home builder shall be notified of the time and place of such meeting. The Council may affirm or reject the decision of the Building Official. Page 4 Page Five Adoptive Ordinance - Building Code C. The security referred to in this ordinance may be in the form of cash, money order, cashier's check or irrevocable letter of credit. D. If the improvements for which a security agreement has been given are not completed within a thirty (30) day period, the builder shall forfeit the security agreement and the City shall proceed to complete the improvements and collect the costs thereof from the security. E. If proof of other security is provided by the general contractor or home builder the above security will not be required. F. For the purposes of this ordinance, the term "boulevard" shall mean the area of a public right-of-way extending from the back of the curb, or the edge of a roadway where no curb is installed, to the right-of-way limit. (19H, 1-12-88) This Ordinance shall become effective from and after its passage and publication as required by law. Adopted by the city Council of the City of Andover this , 1995. day of CITY OF ANDOVER JACK MCKELVEY Mayor ATTEST: VICTORIA VOLK City Clerk Amended thru 19 -95 Page 5 CITY OF ANDOVER REQUEST FOR COUNCIL ACI10N DATE April 4, 1995 AGENDA t--O. SECTION Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM t--O. Set 1995 Improvement Bond Sale ~~ Jean D. Nichols Finance Director BY:~ ~ 1) I 'j, REQUEST The Andover City Council is requested to adopt the attached resolutions setting the sale date to award bids for the 1995 improvement bonds. BACKGROUND J The City Council affirmed the intent to finance various capital improvement construction projects through the issuance of bonds as stated the resolution on February 7, 1995. The financing of the projects will be funded with special assessments or tax increments. All projects are to be financed with a ten year General Obligation Improvement bond issue in the amount of $2,605,000. MOTION BY: SECOND BY: LAW OFFICES '\ E RI GGS AND MORGAN / PROFESSIONAL ASSOCIATION 2200 PIRST NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA :5:"'jl01 TELEPHONE (612) 223 - 6eoo FACSIMILE (612) 223 - 6400 WRITER'S DIRECT DIAL NUMBER MINNEAPOLIS OFFICE 2400 IDS CENTER MIr..""NEAPQLIS, MINNESOTA OM02 TELEPHONE 1012) 334 - 8400 FACSIMILE (612) 334-86eo PROPOSED FORM OF LEGAL OPINION J $2,605,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A CITY OF ANDOVER ANOKA COUNTY MINNESOTA We have acted as bond counsel in connection with the issuance by the city of Andover, Anoka County, Minnesota (the "Issuer"), of its $2,605,000 General Obligation Improvement Bonds, Series 1995A, bearing a date of original issue of June 1, 1995 (the "Bonds"). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the \ conformity to original documents of all documents submitted to us / as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the '\ BRIGGS AND MORGAN " PROPOSED FORM OF LEGAL OPINION I / date hereof), regulations, rulings and decisions, it is our opinion that: (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the state of Minnesota now in force. (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount; provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United states of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is excluded from gross income for United states income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for state of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for state of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. '\ BRIGGS AND MORGAN ) PROPOSED FORM OF LEGAL OPINION We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. BRIGGS AND MORGAN Professional Association " / \ I " ,. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 4, 1995 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on the 4th day of April, 1995, beginning at o'clock _.M. for the purpose in part of authorizing the competitive negotiated sale of the $2,605,000 General Obligation Improvement Bonds, Series 1995A, of said City. The following Councilmembers were present: and the following were absent: " Councilmember resolution and moved its adoption: introduced the following / RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,605,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,605,000 General obligation Improvement Bonds, Series 1995A (the "Bonds"), to finance public improvements within the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2 (9) : NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization: Findinqs. The Council hereby authorizes Springsted to solicit bids for the competitive 1 negotiated sale of the Bonds. / 287597.1 "- I 2. Meetinq; Bid Openinq. The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: "- / and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. , "- , / 287597.1 2 , J 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 compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $2,605,000 General obligation Improvement Bonds, Series 1995A. , J WITNESS my hand as such City Clerk of the City this 4th day of April, 1995. City Clerk , J 287597.1 3 EXHIB!T A , THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ) ISSUE ON ITS BEHALF. PROPOSALS Will BE RECEIVED ON THE FOllOWING BASIS: TERMS OF PROPOSAL $2,605,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A Proposals for the Bonds will be received on Tuesday, May 2, 1995, until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS . , ./ Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted, Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. DETAILS OF THE BONDS The Bonds will be dated June 1, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1997 $205,000 1998 $215,000 1999 $230,000 2000 $240,000 2001 $255,000 2002 $265,000 2003 $280,000 2004 $295,000 2005 $310,000 2006 $310,000 OPTIONAL REDEMPTION The City may elect on February 1, 2004, and on any day thereafter, to prepay Bonds due on or after February 1, 2005. Redemption may be in whole or in part and if in part, at the option of \ the City and in such order as the City shall determine and within a maturity by lot as selected by J the registrar, All prepayments shall be at a price of par plus accrued interest. - i - ',- / SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property, The proceeds will be used to finance public improvements within the City. TYPE OF PROPOSALS , Proposals shall be for not less than $2,576,345 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $26,050, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City, Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted, j AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis, The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds, Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee, Any other rating '- agency fees shall be the responsibility of the purchaser. / Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. - II - , '~.-,) MEETING Lj - '-1- q S- AGENDA ITEM # /7 Recommendations For City of Andover, Minnesota $2,605,000 General Obligation Improvement Bonds, Series 1995A $825,000 General Obligation Improvement Refunding Bonds, Series 19958 ,~ , . . 1 '-J Study No. A0128N101 SPRINGSTED Incorporated March 28, 1995 . ---.. } '- ../ () Recommendations for City of Andover, Minnesota $2,605,000 General Obligation Improvement Bonds, Series 1995A EXECUTIVE SUMMARY This summary is intended to highlight data contained in these recommendations. It is intended to be an adjunct to the recommendations and not to be used solely as the basis of determination of actions required. Your actions should be based on the information more fully set forth in the recommendations. 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the Offering, 2. Type and Purpose of Offering C) 3. Principal Amount of Offering 4. Repayment Term 5, Source of Debt Service Revenues 6. Optional Redemption Proceeds of the issue will be used to finance 1995 capital improvement projects in the City. $2,605,000. February 1, 1997 through 2006. Special assessments against benefited property. Bonds maturing on February 1, 2005 and 2006 will be callable on February 1, 2004, and any date thereafter, at a price of par. 7. Credit Rating Comments A rating application will be made to Moody's Investors Service. 8. Sale Date and Time Tuesday, May 2, 1995, at 11 :00 A.M. Tuesday, May 2, 1995, at 7:00 P.M. 9. Award Date and Time ,:] 8 o ~ Recommendations for City of Andover, Minnesota $825,000 General Obligation Improvement Refunding Bonds, Series 1995B EXECUTIVE SUMMARY This summary is intended to highlight data contained in these recommendations. It is intended to be an adjunct to the recommendations and not to be used solely as the basis of determination of actions required. Your actions should be based on the information more fully set forth in the recommendations, 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the Offering. 2. Type and Purpose of Offering Proceeds of the issue will be used to refund the 1996 through 2000 maturities of the City's General Obligation Improvement Bonds of 1985. 3. Principal Amount of Offering 4, Repayment Term 5. Source of Debt Service Revenues 6, Optional Redemption 7. Credit Rating Comments 8. Sale Date and Time 9. Award Date and Time $825,000. August 1, 1996 through 2000. Special assessments against benefited property. Non-callable. A rating application will be made to Moody's Investors Service. Tuesday, May 2, 1995, at 11 :00 A.M. Tuesday, May 2, 1995, at 7:00 P.M, :.J '" v /---., ;'-~ /Y 85 E, SEVENTH PLACE SUITE 100 ST, PAUL, MN 55101-2143 612-223-3000 FAX: 612-223-3002 SPRINGSTED Public Finance Advisors ~ March 29, 1995 Mayor Jack McKelvey Members, City Council Mr. Richard Fursman, City Administrator Ms. Jean Nichols, Finance Director City of Andover 1685 Crosstown Boulevard Northwest Andover, MN 55304-2612 Re: Recommendations for the Issuance of: $2,605,000 General Obligation Improvement Bonds, Series 1995A $825,000 General Obligation Improvement Refunding Bonds, Series 1995B We respectfully request your consideration of our recommendations for the above-named issues in accordance with the attached Terms of Proposals. We will discuss each issue separately and then items common to both. $2,605,000 General Obligation Improvement Bonds, Series 1995A The improvement bonds will be issued pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the City's 1995 capital improvement projects. The composition of the issue is detailed in the attached Appendix I. Appendix II provides the projected assessment income schedule for the improvement projects. We understand $133,328 of assessments were filed on September 20, 1994 for the Pine Hills Addition and Pov's Utilities. These assessments were spread in equal annual payments over a ten-year period, with first collection in 1995. Interest on the unpaid principal balance is being charged at a rate of 7.00%. The amount of assessments for Pov's Utilities that we have used in our assumptions excludes $37,447 of assessments which have been deferred. Approximately $2,279,393 of assessments are expected to be filed on or about September 30, 1995 and approximately $29,481 of assessments are expected to be filed on or about September 30, 1996. These assessments will be spread over ten years in equal annual payments with interest on the unpaid balance charged at a rate approximately 1 % over the interest rate received by the bonds, in accordance with City policy, We have assumed that assessment rate will be approximately 6.75%, based on current interest rates in the bond market. The projected income schedule does not take into consideration any prepayments, or delinquencies, thereby assuming a collection rate of 100%. SAINT PAUL, MN . MINNEAPOLIS, MN . BROOKFIELD, WI ' OVERLAND PARK. KS ' WASHINGTON, DC . IOWA CITY, IA C) o o City of Andover, Minnesota March 29, 1995 Appendix III is the recommended debt amortization schedule and projected cash flow for the improvement bonds. The improvement bonds have been structured to provide for even annual debt service payments. The improvement bonds will be dated June 1, 1995 and will mature each February 1 from 1997 through 2006. Columns 1 through 6 show the years and amounts of principal and estimated interest due and payable on the improvement bonds. Column 7 indicates the capitalized interest that will cover the portion of the first payment due on the improvement bonds attributable to the assessments which will not be filed until four months after the improvement bonds are issued. Column 8 shows the amount required to pay 100% of debt service, with Column 9 showing the 5% overlevy required by State Statute. The 5% overlevy is a protection to the bondholder and to the City in the event 100% of assessments and taxes are not collected as expected. Column 10 shows the projection of assessment income developed in Appendix II. The first-year amount of assessment income also includes the amount received in 1995 for the assessments levied in 1994. Column 11 shows the tax levy requirement representing the City's share of costs and tax increment funding attributable to the Bunker lake Boulevard project. The annual amount for this issue is expected to average approximately $13,500. To the extent this amount can be paid from tax increment revenue, the certified levy can be reduced or canceled. As with all improvement issues, the timing of principal repayment assumes that assessments will be filed and collected in the years and amounts estimated. Any significant deviation from these assumptions may result in a cash shortfall. The first payment on the improvement bonds will be an interest payment, due February 1,' 1996, in the estimated amount of $92,100. Since this payment will be due before receipt of the first-half collections of taxes and assessments levied in 1995, the payment will be made from the $72,770 of capitalized interest included in the issue and collections of the assessments that were filed in 1994, which are expected to total $19,333. Beginning with the August 1, 1996 interest payment date, collections of taxes and assessments will be used to cover the August 1 interest payment due in the collection year and the February 1 principal and interest payment due the subsequent year. We recommend the 2005 and 2006 maturities of the improvement bonds be subject to prepayment on February 1, 2004, and any date thereafter, at a price of par. This will allow the City to refinance a portion of the issue in the future if circumstances so warrant or prepay some bonds if substantial prepayments of assessments are received. $825,000 General Obligation Improvement Refunding Bonds, Series 1995B In August 1985 the City issued $2,350,000 General Obligation Improvement Bonds to finance improvement projects within the City. The 1996 through 2000 maturities, totaling $815,000 of principal, are outstanding at a net interest rate of 8.84%. Based on current market conditions, it is estimated that these bonds could be refinanced at a net interest rate of approximately 5.28%, providing a total net savings, net of all costs of issuance, of approximately $72,837. The present value savings is approximately $62,916. We recommend that the City proceed with a "current" refunding that will refund the callable maturities of the 1985 bonds on August 1, 1995 at their par amount. A current refunding is a type of refunding in which payment of the refunded bonds is made within 90 days of closing of the new issue, Because of the short time frame between the closing date and the refunding date, the City does not have to establish an escrow account for the bond proceeds. Income earned on reinvestment of the proceeds until the call date has been included as a revenue source to minimize the size of the new issue. Page 2 City of Andover, Minnesota March 29, 1995 (J The City will make the originally scheduled August 1, 1995 principal and interest payment. Beginning with the February 1, 1996 interest payment, the City will start to make payments on the new issue, taking advantage of the lower interest rates. Attached as Appendix IV is a complete analytical summary of the refunding. Schedule A shows the debt service of the 1985 bonds, as it exists now, On the call date of August 1, 1995, all of the 1985 bonds maturing in 1996 through 2000, totaling $815,000, will be called in for redemption at a price of par plus accrued interest. Schedule B shows this amount of refunded principal. Schedule C shows the non-refunded principal and interest. The City will make this final debt service payment on the 1985 bonds on August 1, 1995, Schedule D shows the amortization schedule and estimated debt service for the new refunding bonds. These bonds will be dated June 1, 1995 and will mature August 1, 1996 through 2000. Principal and interest payments will be made from special assessments, which are currently being used to pay debt service on the 1985 bonds. The City will begin to pay debt service on these bonds beginning with the February 1, 1996 interest payment. Schedule E shows the total estimated debt service for this issue, the outstanding debt service for the 1985 bonds and the estimated net savings of $72,837 to be achieved as a result of this refunding. The refunding issue, as now structured, includes all costs of issuance including bond discount. All savings estimates are net of these costs. Due to the rapid retirement of the bonds, it is our r'1 recommendation that they not be subject to call because the marketing drawbacks exceed the \J marginal benefits of a prepayment option. Common to Both Issues Credit Rating We recommend that an application for a rating be made to Moody's Investors Service for these issues, We will send Moody's all pertinent material in order to conduct their review. The cost of the ratings has been pro-rated and included in the costs of issuance for each issue and will be available to the City from proceeds of the issues. Federal Rebate and Yield Restriction - Arbitrage All tax-exempt obligations are subject to federal arbitrage regulations, including rebating arbitrage profits to the U.S. Treasury. Generally speaking, all arbitrage profits (the yield difference between the earnings on the investments and the yield on the obligations) must be rebated to the U.S. Treasury, There are some exemptions to this rebate requirement which include: (i) A small issuer exemption if the obligations are for governmental purposes and the issuer reasonably expects to issue not more than $5,000,000 tax-exempt obligations during the calendar year. o (ii) A six-month exemption if all the proceeds of the obligations are expended within six months of issuance of the obligations. (iii) An 18-month expenditure test if at least 15% of the proceeds are expended within six months, 60% within 12 months and 100% within 18 months, Page 3 City of Andover, Minnesota March 29, 1995 o (iv) A two-year expenditure test if at least 75% of the proceeds of the issue are used for construction and if 10% is expended within six months, 45% within 12 months, 75% within 18 months and 100% within two years, For items (iii) and (iv), if it is reasonably required that a retainage be maintained to enforce the completion of a contract, up to 5% of the proceeds may be retained for an additional 12 months. Net proceeds subject to these expenditure tests include investment earnings on the original proceeds, We understand the City expects to hold a referendum this spring for $2,925,000 General Obligation Park Bonds, Successful passage of the referendum and issuance of the debt in 1995 will put the City over the "small issuer" exemption detailed in item (i). However, if the improvement bonds can meet the spend-down requirements of item (iii) or item (iv), they will be exempt from rebate. The City will not owe any rebate on the refunding bonds because the proceeds will be spent in less than six months [item (ii)] to refund the City's 1985 bonds. () Debt service funds created to pay debt service on new issues are subject to yield restriction unless they fall under the definition of "bona fide" debt service funds as described below. Prior to the 1993 "final" arbitrage regulations released in June 1993, the small issuer exemption had exempted any debt service funds from yield restriction requirements. The 1993 regulations now permit only bona fide debt service funds to be exempt from yield restriction for small issuers. A bona fide debt service fund is defined as a fund for which there is an equal matching of revenue to debt service expense with a carryover permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. A debt service fund can lose its bona fide status if the issuer accumulates too much investment earnings or prepayments of assessments. It is important to monitor the debt service funds for these issues to assure compliance with the regulations. Any portion in excess of a bona fide debt service fund must be restricted in yield to the yield on the obligations. Economic Life of Financed Proiects The 1993 "final" arbitrage regulations brought all tax-exempt issues into the calculation of "economic life." Previously this requirement was only for private activity bonds, The intent of this requirement is to limit tax-exempt issues which are outstanding longer than is necessary, thus creating more tax-exempt obligations in the marketplace than are needed. The general safe harbor for assuring that bonds comply with the regulations is if the average maturity of the issues does not exceed 120% of the economic life of the financed projects. The improvement bonds are issued for street, water and sewer improvements, which, under the U.S. Treasury guidelines, have economic lives of 20-50 years. The improvement issue has an average maturity of only 6.56 years. For the refunding bonds, the "financed projects" relate to the use of the original proceeds of the 1985 bonds, which are now being refunded. The 1985 bonds financed utility and infrastructure improvements with an economic life of 20-50 years. The average maturity of the new refunding bonds is 2.95 years. The time which has elapsed from the date of issuance of the 1985 bonds (August 1, 1985) to the date of issuance of the new refunding bonds (June 1, 1995) is 9.83 years, which equals a total of 12.78 years. Both issues are within the 120% requirement. Bank-Qualified Obligations (j The Tax Reform Act of 1986 restricts the ability of banks to deduct tax-exempt interest as a carrying expense under certain circumstances in calculating their tax liability, Because the City is not expected to issue more than $10,000,000 of tax-exempt obligations in 1995, these issues will be eligible to be designated as "qualified obligations." This qualification will help the marketability of the issues. Page 4 City of Andover, Minnesota March 29, 1995 () Federal Reimbursement Regulations A reimbursement bond is a portion of a bond issue used to pay an expenditure that was paid prior to the date the bond was issued. A reimbursement bond cannot be issued as tax exempt unless the issuer meets the requirements outlined in this section. If an issuer wishes to reimburse itself with proceeds from tax exempt bonds to be issued after the expenditure is made it must declare its intent to do so within 60 days after the expenditure has been made, This declaration of intent must contain (i) a description of the project or identify the fund or account used to pay the expenditure and (ii) state the maximum amount of bonds expected to be issued for the project. Preliminary expenditures in an amount not greater than 20% of the bond issue may be paid without the declaration of intent. These expenditures include architectural, engineering, testing, surveying, bond issuance costs and other incidental costs incurred prior to commencement of the project. Eligible costs do not include land acquisition or site preparation. A de minimis amount equal to the lesser of $100,000 or 5% of the proceeds is also exempt from declaration of intent. Reimbursement for expenditures previously made must take place not later than 18 months after the later of (i) the date the expenditure was made or (ii) the date the financed property is placed in service or abandoned, but in no event later than three years after the expenditure is ' made. The three-year period, and not the 18-month reimbursement period, applies to governmental entities who issue less than $5,000,000 of tax-exempt bonds in the current calendar year. .- , ''-.J' It is our understanding that the City has complied with the regulations and the City's bond counsel will verify such compliance. Sale Date and Time We recommend these issues be offered for sale on Tuesday, May 2, 1995, with proposals received at the offices of Springsted no later than 11 :00 A.M. Subsequent to the receipt of those proposals, we will tabulate the results and present them to the City Council for consideration of award at 7:00 P.M. the same evening. A representative of Springsted Incorporated will attend the Council meeting to provide recommendations as to the acceptability of proposals received. Proceeds from the bonds should be available in early June. Respectfully submitted, &ru.11ff11FcI dlt{'OYX-"1Ll.iTJ'o SPRINGSTED Incorporated sms ') l , J Page 5 o o < U'l '" '" - .. .! 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I Rccrued Interest: Total Sources of Funds: 825,000.00 Uses of Funds on: 06/01195 Discount @ $7.00 5,775.00 Acc. Int. & Unused Disc: Refunding Expenses: 11,625.00 Investment to Call Date: 807,600.00 Total Uses of Funds: 825,000.00 Refunded Bond Call Date Sources ( Uses Sources of Funds on: 08/01/95 Invest. Proceeds Mature: 807,600.00 Inv. Earnings @ 5.50%: 7,403.00 Funds from Issuer: Total Sources of Funds: 815,003.00 - Uses of Funds on: 08/01/95 Refunded Principal: 815,000,00 Refunded Call Premium: Excess Proceeds: 3.00 Total Uses of Funds: 815,003.00 Refunded / Refunding Bond Comparison As of: Refunded Refunding 06/01/95 Statistics Statistics Principal: 815,000 825,000 Interest: 217,610 122,906 /----"nd Yrs: 2,461 2,438 '1; I 2.955 J-\vg. Mat: 3.019 NIC: 8,84% 5.28% Total Net Savings/Present Value Savings Future Savings: 72.834 17 Less Funds From Issuer: Plus Accr. Int. to DIS Fund: Plus Exc. Proc. to DIS Fund: 300 Total Net Savings: 72,837.17 Present Value Say @ 5.03%: 62.91677 "= As % of P.V, Refunded Int.: 34 04% - Page 1 C ('1y of Andover, Minnesota G~6. Improvement Bonds of 1985 Existing Debt Service . Date Principal 08/01/95 220,000.00 02/01/96 08/01/96 180,000,00 02/01/97 08/01/97 180,000,00 02/01/98 08/01/98 165,000.00 02/01/99 08/01/99 160,000.00 02/01/2000 08/01/2000 130,000.00 '\ '-..J () 'l~l..als 1,035,000.00 Bond Years: Avg. Mat.,: NIC",..., : 2,497.50 2 .413 8.834%- APPENDIX IV Page 2 Preparea: 03/28/95 By SPRINGSTED Incorporated Schedule A Rate Interest Semi-Annual Annual 8.250%- 44,685,00 264,685.00 264,685.00 35,610,00 35,610.00 8.400%- 35,610,00 215,610.00 251,220.00 28,050,00 28,050.00 8.600%- 28,050.00 208,050.00 236,100.00 20,310.00 20,310.00 8.800%- 20,310.00 185,310.00 205,620.00 13,050.00 13,050.00 9.000%- 13,050,00 173,050.00 186,100.00 5,850.00 5,850.00 9.000%- 5,850.00 135,850.00 141,700.00 250,425.00 1,285,425.00 1,285,425.00 All lower calculations are made from the date of the refunding bonds Refunded Avg. Mat..: NIC....... : Page 11 Bonds Only 3.019 8,843 ~y of Andover, Minnesota ~;O. Improvement Bonds of 1985 Refunded Principal and-any Call Premium Date Principal 08/01/95 815,000.00 '--" ~~ () \. ~cals 815,000.00 Call Date.............: First Date Called...,,: Call Premium... .......: Premium 08/01/95 08/01/96 APPENDIX IV Page 3 Prepared: 03/28/95 By SPRINGSTED Incorporated Schedule B Semi-Annual Annual 815,000.00 815,000.00 815,000.00 815,000.00 This portion will be paid with proceeds. Page 1 2 '-~y of Andover, Minnesota \ T . L_'..Q, Improvement Bonds of 1985 Non-Refunded Debt Service APPENDIX IV Page 4 Preparea: 03/28/95 By SPRINGSTED Incorporated Schedule C Date principal Rate Interest Semi-Annual Annual 08/01/95 220,000.00 8.250% 44,685.00 264,685.00 264,685,00 .' 'J ,---' ,,-.,,, l 1 _ _.:als 220,000.00 44,685.00 264,685.00 264,685.00 This portion Will be paid by the issuer. The first payment includes interest on the entire existing debt service. Page 1 3 ~ty of Andover, Minnesota ~:b. Refunding Bonds,'.Series 1995 Refunding Debt Service" APPENDIX IV Page 5 Prepared: 03/28/95 By SPRINGSTED Incorporated Schedule D Date Principal Rate Interest Semi-Annual Annual 02/01/96 27,383.33 27,383.33 08/01/96 190,000.00 4.800%- 20,537.50 210,537.50 237,920.83 02/01/97 15,977.50 15,977.50 08/01/97 190,000.00 4.900%- 15,977.50 205,977.50 221,955.00 02/01/98 11,322.50 11,322.50 08/01/98 170,000.00 5.000%- 11,322.50 181,322.50 192,645,00 02/01/99 7,072.50 7,072.50 08/01/99 155,000.00 5.100%- 7,072.50 162,072.50 169,145.00 02/01/2000 3,120.00 3,120.00 08/01/2000 120,000.00 5.200%- 3,120.00 123,120.00 126,240,00 ,"-'" \J ,') \----,tals 825,000.00 122,905.83 947,905.83 947,905.83 Bond Date. : Avg. Mat..: NIC.,..... : 06/01/95 2.955 5.279%- Delivery. . : Discount.%-: Bond Yield: 06/01/95 O,70000%- 5,0333H Page 1 4 APPENDIX IV Page 6 r~~y of Andover, Minnesota l.6. Refunding Bonds,-Series 1995 Annual Savings Analysis Prepared: 03/28/95 By SPRINGSTED Incorporated Schedule E Refunding Non-Refunded Total New Existing Savings Date Debt Service Debt Service Debt Service Debt Service or (Loss) (1) (2) (3) (4) (5) (6) 08/01/95 264,685.00 264,685.00 264,685.00 02/01/96 08/01/96 237,920.83 237,920.83 251,220.00 13,299.17 02/01/97 08/01/97 221,955.00 221,955.00 236,100.00 14,145.00 02/01/98 08/01/98 192,645.00 192,645,00 205,620.00 12,975.00 02/01/99 08/01/99 169,145.00 169,145.00 186,100.00 16,955.00 02/01/2000 08/01/2000 126,240.00 126,240.00 141,700.00 15,460.00 () ,~ '--..-Cals 947,905.83 264,685.00 1,212,590,83 1,285,425.00 72,834,17 Present Value Rate...: Present Value Savings: As % of P.V. Ref. Int: 5,0333% 62,916.77 34.04% Exc. Pro. to D/S Fund: 3.00 Acc. Int. to D/S Fund: Total Net Savings....: 72,837,17 Page 1:: o () o THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,605,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A Proposals for the Bonds will be received on Tuesday, May 2, 1995, until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. . Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. DETAILS OF THE BONDS The Bonds will be dated June 1, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature February 1 in the years and amounts as follows: 1997 $205,000 1998 $215,000 1999 $230,000 2000 $240,000 2001 $255,000 2002 $265,000 2003 $280,000 2004 $295,000 2005 $310,000 2006 $310,000 OPTIONAL REDEMPTION The City may elect on February 1, 2004, and on any day thereafter, to prepay Bonds due on or after February 1, 2005. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. Page 1 6 SECURITY AND PURPOSE o The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance public improvements within the City. TYPE OF PROPOSALS o Proposals shall be for not less than $2,576,345 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $26,050, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City, Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at ' settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order, Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION C) If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds, Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds, Page 1 7 o REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations, The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, , Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. ~ \.J OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12, By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 100 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. o Dated April 4, 1995 BY ORDER OF THE CITY COUNCIL /s/ Victoria Volk Clerk Page 18 CJ ~ '-../ C) THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS Will BE RECEIVED ON THE FOllOWING BASIS: TERMS OF PROPOSAL $825,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B Proposals for the Bonds will be received on Tuesday, May 2, 1995, until 11 :00 A.M" Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated, Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted, Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. DETAILS OF THE BONDS The Bonds will be dated June 1, 1995, as the date of original issue, and will bear interest payable on February 1 and August 10f each year, commencing February 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature August 1 in the years and amounts as follows: 1996 $190,000 1997 $190,000 2000 $120,000 1998 $170,000 1999 $155,000 OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes, In addition the City will pledge special assessments against benefited property. The proceeds will be used to refund the 1996 through 2000 maturities of the City's General Obligation Improvement Bonds of 1985, dated August 1, 1985. Page 19 '0 o () TYPE OF PROPOSALS Proposals shall be for. not less than $819,225 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $8,250, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City, Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals, The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis, The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds, Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee, Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purChaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. Page 2C CUSIP NUMBERS ,:) If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. r "- \ ) ...J .oj \.j SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to tl,e Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 35 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 4, 1995 BY ORDER OF THE CITY COUNCIL Isl Victoria Volk Clerk Page 21 " , / REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. . , J OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 100 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. " \ . ./ Dated April 4, 1995 BY ORDER OF THE CITY COUNCIL Isl Victoria Volk Clerk - III - CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 4, 1995 AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM t--.O. Set 1995 Equipment Certificate Bond sale ~~ Jean D. Nichols Finance Director BY: D';:h Ir. REQUEST The Andover City Council is requested to adopt the attached resolutions setting the sale date to award bids for the 1995 Equipment Certificate Bonds. BACKGROUND The City Council affirmed the intent to issue an Equipment Certificate Bond at the February 7, 1995 City Council Meeting. The proceeds of the issue will be used purchase capital equipment. \ I MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 4, 1995 AGENDA NQ SECTION Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM NQ Set 1995B G.O. Improvement Refunding bonds sale .... C\\)'N Jean D. Nichols Finance Director BY: I cY '1)\ I q. REQUEST The Andover City Council is requested to adopt the attached resolutions setting the sale date to award bids for the 1995 General Obligation Improvement Refunding Bonds. BACKGROUND The City Council affirmed the intent to refund the General Obligation Improvement bonds of 1985 at the March 21, 1995 City Council Meeting. The proceeds of the issue will be used to refund the 1996 through 2000 maturities of City's General Obligation Improvement Bonds of 1985. \ MOTION BY: SECOND BY: \ / EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 4, 1995 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said city on the 4th day of April, 1995, beginning at o'clock _.M. for the purpose in part of authorizing the competitive negotiated sale of the $825,000 General Obligation Improvement Refunding Bonds, Series 1995B, of said City. The following Councilmembers were present: and the following were absent: , councilmember resolution and moved its adoption: introduced the following / RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $825,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $825,000 General obligation Improvement Refunding Bonds, Series 1995B (the "Bonds"), to refund the 1996 through 2000 maturities of the City's General obligation Improvement Bonds of 1985, dated August 1, 1985; and B. WHEREAS, the City has retained springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2 (9) : , , / 287585.1 \ ) NOW, THEREFORE, BE IT RESOLVED by the city council of the City of Andover, Minnesota, as follows: 1. Authorization: Findinqs. The Council hereby authorizes springsted to solicit bids for the competitive negotiated sale of the Bonds. 2. Meetinq: Bid Openinq. The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal II attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the city upon its completion. , / The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. \ 287585.1 2 \ / 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 compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $825,000 General Obligation Improvement Refunding Bonds, Series 1995B. \ J WITNESS my hand as such City Clerk of the City this 4th day of April, 1995. city Clerk , , , 287585.1 3 F'" II n IT r' .. ,"\;.- J , ~.-;. '.. ~ }.\ ..~l ; ~ I i..J, I , .._ ) THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $825,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B Proposals for the Bonds will be received on Tuesday, May 2, 1995, until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS . , Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. , / DETAILS OF THE BONDS The Bonds will be dated June 1, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Bonds will mature August 1 in the years and amounts as follows: 1996 $190,000 1997 $190,000 1998 $170,000 1999 $155,000 OPTIONAL REDEMPTION 2000 $120,000 The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE " ., J The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to refund the 1996 through 2000 maturities of the City's General Obligation Improvement Bonds of 1985, dated August 1, 1985. -i- " "\ '.-j TYPE OF PROPOSALS Proposals shall be for not less than $819,225 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $8,250, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD '\ ) The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR \ The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. I - ii - '- ) J \ j CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 35 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 4, 1995 BY ORDER OF THE CITY COUNCIL Isl Victoria Volk Clerk -iii- LAW OFFICES , ') -----/ BRIGGS AND MORGAN PROFESSIONAL ASSOCIATION 2200 FIRST NATIONAL DANK BUILDING SAINT PAUL, MINNESOTA :"S:"SlOl TELEPHONE (6121 223 - 6600 FACSIMILE (612) 223-64:"SO WRITER'S DIRECT DIAL NUMBER MINNEAPOLIS OFFICE 2400 ] D 5 CENTER MINNEAPOLIS, MINNESOTA OM02 TELEPHONE (C:H2) 334 - 8400 PACSIMILE (812) 334-8600 PROPOSED FORM OF LEGAL OPINION I ) $825,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B CITY OF ANDOVER ANOKA COUNTY MINNESOTA We have acted as bond counsel in connection with the issuance by the City of Andover, Anoka County, Minnesota (the "Issuer"), of its $825,000 General Obligation Improvement Refunding Bonds, Series 1995B, bearing a date of original issue of June l, 1995 (the "Bonds"). We have examined the law and such certified proceedings and other documents as we deem necessary to render this opinion. We have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Official Statement or other offering material relating to the Bonds, and we express no opinion relating thereto. As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of pUblic officials furnished to us without undertaking to verify the same by independent investigation. Based upon such examinations, and assuming the authenticity of all documents submitted to us as originals, the \ conformity to original documents of all documents submitted to us .. ) as certified or photostatic copies and the authenticity of the originals of such documents, and the accuracy of the statements of fact contained in such documents, and based upon present Minnesota and federal laws (which excludes any pending legislation which may have a retroactive effect on or before the :, ) ) , ) BRIGGS AND MORGAN PROPOSED FORM OF LEGAL OPINION date hereof), regulations, rulings and decisions, it is our opinion that: (1) The proceedings show lawful authority for the issuance of the Bonds according to their terms under the Constitution and laws of the state of Minnesota now in force. (2) The Bonds are valid and binding general obligations of the Issuer and all of the taxable property within the Issuer's jurisdiction is subject to the levy of an ad valorem tax to pay the same without limitation as to rate or amount: provided that the enforceability (but not the validity) of the Bonds and the pledge of taxes for the payment of the principal and interest thereon is subject to the exercise of judicial discretion in accordance with general principles of equity, to the constitutional powers of the United states of America and to bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter enacted. (3) At the time of the issuance and delivery of the Bonds to the original purchaser, the interest on the Bonds is excluded from gross income for United states income tax purposes and is excluded, to the same extent, from both gross income and taxable net income for state of Minnesota income tax purposes (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institutions), and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alternative minimum tax applicable to individuals, estates or trusts; it should be noted, however, that for the purpose of computing the federal alternative minimum tax imposed on corporations, such interest is taken into account in determining adjusted current earnings. The opinions set forth in the preceding sentence are subject to the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986, as amended, that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross income for federal income tax purposes and from both gross income and taxable net income for state of Minnesota income tax purposes. Failure to comply with certain of such requirements may cause the inclusion of interest on the Bonds in gross income and taxable net income retroactive to the date of issuance of the Bonds. . " ..J , / BRIGGS AND MORGAN PROPOSED FORM OF LEGAL OPINION We express no opinion regarding other state or federal tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. BRIGGS AND MORGAN Professional Association , , , I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 4, 1995 AGENDA SECTION NQ Non-Discussion DATE ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM t--.O. Refund Cash Escrow Crown Point East ~ Jean D. Nichols Finance Director ~ ao. REQUEST The City Council is requested to authorize the refund of the cash escrow held for the feasibility report and plans and specifications for Crown Point East. BACKGROUND Cash deposits totaling $31,500.00 were received from Ashford \ Development Corporation, Inc. July 26, 1994 and September 22, I 1994. These deposits established an escrow for the feasibility report and the plans and specifications for Crown Point East. At this time, City staff is recommending release of these escrow fund plus accrued interest of $450.66. MOTION BY: SECOND BY: . / '\ i 1Debdopment QCorporation, 3Jnc. 3640 - 152nd Lane N.W. . Andover, MN 55304 . 427-9217 March ..,.., '-'-, 1995 Ms. Jean Nichols Finance Director City of Andover 1685 Crosstown Blvd. Andover, Mn 55304 Dear Ms. Nichols, Ashford Development Corporation Inc. respectively requests the return of the remainirig escrow balances for the following: "\ 1. 2. @y. Weybridge Cjz.-1. A Weybridge 2nd Addition "1.. 'L- Crm'ln pointe East "I:" I'-I qL\ -L '1,... The amount of escrow return for Crown Pointe East should be $30,000.00, as this original escrow deposit is now covered by the overall letter of credit for Crown Point East. Sincerely, hw~ Jerry Windschitl Ashford Development Corp., Inc. President \ , J J ... CITY of ANDOVER The city Council is requested to add this item to tonight's agenda as a Discussion Item. aI~L4- Scott Erickson City Engineer , .- April 4, 1995 Scott Erickson, City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Mark Menth Property (14122 prairie Rd. NW) Dear Mr. Erickson: I do hereby petition for the improvements of watermain and sanitary sewer with the costs of the improvement to be a deferred assessment against any benefitting property. Said petition is unanimous and the public hearing may be waived. I would like the improvements to be a change order to Project 94- 22, Crown Pointe East, to take advantage of the unit prices. In addition, trees removed would be my expense either assessed or billed directly to me. I would also be willing to provide any necessary easements to construct the improvements. Sincerely, ~~~~ Mark Menth 14122 Prairie Rd. NW Andover, MN 55304 Phone 757-8117 , r rom . H~t"'1r UI>:LJ Lur~=- I . f-'HONE No. .. ---------- :' 'r~~t..: \~ . 1[:.. ' i, ,".:; ,1'\_ " ':~y' I," '( "".- #88"5/ '4b",e 41().Oe - 74./4 :- --241.38-- S88~51'4()"W .JJ .' 427 0435 Hpr.02 1995 9:06PM POl i~/'-~ '~, ..., ~// l;" " "-~ ~ <.J?t?7 .4 '" 00"s,3' R.,. /6'~.D S,?'" ",."c4 ;, " ~. -' ,/'" 't"',,~:'::" ~~' ;.' ",-,-., 'i~~'" ",t, :1.''1: ''{;}::,' ',::~::i(" ,1.1,,;,>:<,.. '.'i~f " "1r.,,~i.', "~~},I.:;..: "~"'." I~. r(! .:~ '':- l." ');,1 , :";:.1,' , i ~;', ' . !',.', ~ir \ \ , " " " " 'I," "l' : :!l " ',~, , 0';' 0010"'($ II?ON' !V?(;.'J '.' April 4, 1995 DATE: ITEMS GIVEN TO THE CITY COUNCIL Park and Recreation Commission Minutes - March 14, 1995 Planning and Zoning Commission Meeting - March 14, 1995 City Council Minutes - March 21, 1995 Executive Meeting of City Council - March 21, 1995 1995 Special/Standing Committees Fire Department Information Anoka County - 1995 Assessment Information Ordinance No. 17D Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. 1995 Special/Standing Committees Road Committee Mike Knight - Chair John Kunza Economic Development Committee Jack MCKelvey - Chair John Kunza Public Safety Don Jacobson - Chair Jack McKelvey Personnel Committee Mike Knight - Chair Bonnie Dehn Environmental Committee Bonnie Dehn - Chair Don Jacobson \~ , Qt, ~-~-q~ { L . . ('0= :f.';CJl cr~t!v ~-! 1,;.' e J. .,. 1.. ;\.".tS ! ANDOVER VOLUNTEER FIRE DEPARTMENT 03/07/95 TOTAL CALLS FOR THE MONTH OF FEBRUARY, 1995 DAY/ I PRIMARY MTH YTD COUNTY 911 CALL RESP SCENE FIRE/ NIGHT/ I # INC # DAY TIME TIME TIME TIME EMS WEEKEND ADDRESS REASON RESP STATION --- --- ------ --- ----- ----- ----- ----- ----- .-------- -------.---------------- ------------.-.------------- ----- .------ 1 53 1365 1 18:07 18:08 18:10 18:11, FIRE WEEK NITE CROSSTOWN BLV/HANSDN BLV P.I. ACCIDENT 11 3 2 54 1383 2 06:49 06:50 06:54 06:59 FIRE WEEK DAY 13540 HANSON BLVD P. I. ACCIDENT 11 1 3 55 1433 3 09:21 09:34 09:35 09:45 FIRE WEEK DAY 184 LN/CO RD 9 OAK GROVE MUTUAL AID/HOU5E FIRE 18 1 4 56 1449 3 18:12 18:11-18:17 18:20 EM5 W/E NITE 3815 - 157 AVE ELDERLY MALE FALLEN 7 2 5 57 1470 4 03:15 03:17 03:20 03:24 EMS W/E NITE 17295 WARD LAKE DR ASSAULT VICTIM W/INJURY 7 3 6 58 1484 4 13:35 13:37 13:38 j3:43 EMS W/E DAY 16209 VALLEY DRIVE NERVOUS BREAKDOWN/SUICIDAL 5 2 7 59 1494 4 18:41 18:42 18:43 18:50 FIRE W/E NITE UNDERCLIFT ST/138 LN FIRE IN AREA/UNK SOURCE 10 1 8 60 1508 5 08:30 08:31 08:35 08:38 EMS W/E DAY 17349 ROANOKE ST UNKNOWN MEDICAL 8 2 9 61 1539 6 02:49 02:50 02:53 02:57 EMS W/E NITE 2537 - 138 AVE 11 DIABETIC REACTION 6 1 10 62 1550 6 N/A 11:43 11:45 11:46 EMS WEEK DAY 13945 YUKON ST ELDERLY FEMALE FALLEN 8 1 11 63 1569 6 N/A 18:4S 18:46 18:50 EMS WEEK NITE 3516 - 139 LN HYPOGLYCEMIA ATTACK 11 1 12 64 1659 901:1001:1001:22 01:27 EMS WEEK NITE 16488 ORCHID ST DIFFICULTY BREATHING 1 2 13 65 1701 10 07:07 07:08 07:13 07:14 FIRE WEEK DAY 13660 CROSSTOWN BLVD GAS SPILL 12 1 .14 66 1742 10 22:20 22:22 22:23 22:24 FIRE W/E NITE 13471 MARIGOLD CIR SMOKE COMING FROM HOUSE 9 1 15 67 1756 11 13:33 13:35 13:37 13:44 EMS W/E DAY 1814 181 AVE CHILD INJESTED ALLEREST 7 3 16 68 1757 11 13:49 13:50 13:51 13:55 EMS W/E DAY 14940 UNIVERSITY AVE CHILD BIT BY DOG 7 3 17 69 1767 11 21:2921:30 21:32 21:41 FIRE W/E NITE 3879 N ENCHANTED OR SMOKE IN THE HOUSE 24 2 18 70 1793 12 17:06 17:07 17:10 17:14 EM5 WEEK NITE 13895 EIDELWEISS ST CHILD SWALLOWED LEGO 8 1 19 71 1825 13 13:54 13:56 13:58 14:04 EMS WEEK DAY 15738 XENIA ST BROKEN HIP 14 2 20 72 1895 14 18:53 18:53 19:02 19:03 EMS WEEK NITE 16260 XENIA ST NECK PAIN 5 2 21 73 1947 16 00:40 00:42 00:50 00:51 EMS WEEK NITE 14588 HOPI ST ABDOMINAL PAIN 2 2 22 74 1957 16 10:16 10:17 10:18 10:21 FIRE WEEK DAY CO RO 7/165 AVE P.I. ACCIDENT 14 2 23 75 1967 16 13:47 13:49 13:52 13:59 FIRE WEEK OA Y 15966 QUAPAW ST FIRE ALARM/RESIDENTIAL 11 2 24 76 1970 16 16:20 16:21 16:24 16:28 EMS WEEK DAY 1082 141 LN MALE FEEL FROM ROOF 10 3 25 77 2016 17 15:56 15:58 16:00 16:06 EMS WEEK DAY 17364 FLORA COURT OVERDOSE 14 2 26 78 2019 17 17:04 17:05 17:07 17:14 FIRE W/E NITE 1207 141 LN CO DETECTOR SOUND'G 5 3 27 79 2020 17 17:06 17:08 17:09 17:16 FIRE W/E NITE 3084 150 LN FIRE ALARM/RESIDENTIAL 10 1 28 80 2039 18 N/A 07:26 07:28 07:32 EMS W/E DAY 13846 WINTERGREEN ST INFANT NOT BREATHING 8 1 29 81 2050 18 13:46 13:47 13:51 13:S4 EMS W/E DAY 1922 134 LN FEMALE HEMORRAGING 13 1 3D 82 2071 19 01:02 01:04 01:09 01:14 FIRE W/E NITE 3927 157 AVE SMOKE IN THE AREA 4 2 31 83 2074 19 N/A 03:26 03:29 03:34 FIRE W/E NITE VERDINS ST/181 AVE BRUSH FIRE 6 3 32 84 2131 20 11:59 12:01 12:08 12:10 EMS WEEK DAY 15080 YELLOWPINE ST GREASE BURN ON LEG 7 3 33 85 2140 20 14:34 14:35 14:41 14:46 FIRE WEEK DAY 168 LN/CROCUS 5T P.I. ACCIDENT 13 2 34 86 2142 20 15:50 IS:53 15:54 15:57 EMS WEEK DAY 654 157 AVE SE I ZURE 7 3 35 87 2147 20 17:45 17:47 17:48 17:52 EMS WEEK NITE 130 157 AVE BROKEN LEG 9 3 36 88 2156 20 N/A 23:10 23:16 23:20 EMS WEEK NITE 17466 AZTEC ST OVERDOSE 3 2 37 89 2188 21 20:34 20:35 20:37 20:41 EMS WEEK NITE 2562 133 LN UNKNOWN MEDICAL 11 1 38 90 2201 22 05:07 05:09 05:14 05:22 FIRE WEEK OAY 12 177 AVE SMOKE FROM FURNACE 10 3 39 91 2209 22 10:01 10:03 10:07 10:10 EMS WEEK DAY 17349 ROANOKE ST CONGESTIVE HEART FAILURE 14 2 40 92 2218 22 15:09 15:10 15:11 15:14 FIRE WEEK DAY 1860 BUNKER LK BLVD P. I. ACCIDENT 14 1 41 93 2282 23 N/A 17:36 17:39 CANCL FIRE WEEK NITE 16221 VERDIN ST FIRE ALARM/RESIDENTIAL 7 3 42 94 2288 23 20:21 20:22 20:23 20:26 FIRE WEEK NITE 16571 VERDIN ST CAR FIRE 12 3 43 95 2303 24 07:15 07:16 07:18 07:22 EMS WEEK DAY 2542 138 AVE LACERATED HAND 10 1 44 96 2357 25 07:06 07:08 07:09 CANCL EMS W/E DAY 14411 ROUND LK BLVD ARM PAIN 6 1 45 97 2377 25 17:25 17:25 17:28 17:30 EMS W/E NITE 2537 138 AVE DIABETIC REACTION 8 1 46 98 2394 26 07:31 07:33 07:36 07:40 EMS W/E DAY 14652 JAY ST STROKE 7 3 47 99 2430 27 05:56 05:57 06:02 06:04 EMS WEEK DAY 14995 BLUEBIRD ST SHORTNESS OF BREATH/HEART 7 3 48 100 2443 27 11:24 11:26 11:30 11:34 EMS WEEK DAY 3830 VALLEY VIEW DRIVE PARAPLEGIC/CATHETER CAME OUT IS 2 49 101 2496 28 N/A 16:32 16:34 16:39 FIRE WEEK DAY 155 AVE/7 AVE P. I. ACCIDENT 17 2 50 102 2506 28 18:49 18:50 18:S2 18:56 EMS WEEK NITE 15988 QUINN ST INFANT CHOKING 11 3 51 103 2512 28 20:44 20:45 20:48 20:52 FIRE WEEK NITE 3615 172 AVE SMELL OF SMOKE IN HOUSE 4 2 478 9.37 ,- ANDOVER VOLUNTEER FIRE DEPARTMENT PAGE 2 TOTAL CALLS FOR THE MONTH OF FEBRUARY, 1995 STATION I STATION 2 STATION 3 TOTAL MONTH YTD MONTH YTD MONTH YTD MONTH YTD # # # # I I # # ---------- ---------- ---------- ---------- EMS DAY 2 6 4 S . 4 7 10 18 EMS NIGHT 3 7 4 6 2 2 9 IS EMS WEEKEND ~DAY) 3 4 2 3 3 4 8 11 EMS WEEKEND NIGHT) 2 II. 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The City Council of the City of Andover hereby ordain: Ordinance No. 17 is amended as follows: Section 3 Elevations and Slope Adopted by the Andover City Council this 21st day of March 1995. , \ ) CITY OF ANDOVER ATTEST: ~u Victoria Volk, City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Ap r i 1 4, 1995 AGENDA NQ SECTION Add-on ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NQ City Clerk Approve Abatement/ Delinquent utility BY: V. Volk ~.O' The City Council is requested to approve the abatement of a delinquent utility bill in the amount of $213.13 for the property known as PIN 29 32 24 31 0109, 14339 Xenia street N.W. The property that should have had this certified to the taxes is 29 32 24 31 0108, 14349 Xenia Street N.W. The County has been requested to add the delinquent bill to the appropriate tax statement. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE A p ri 1 4, ] 9 9 5 AGENDA NQ SECTION Add-on ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NQ City Clerk Approve Abatementl Delinquent utility BY: V. Volk 0.0' The City Council is requested to approve the abatement of a delinquent utility bill in the amount of $213.13 for the property known as PIN 29 32 24 31 0109, 14339 Xenia Street N.W. The property that should have had this certified to the taxes is 29 32 24 31 0108, 14349 Xenia Street N.W. The County has been requested to add the delinquent bill to the appropriate tax statement. MOTION BY: SECOND BY: CITY of ANDOVER ' 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 7. Drainage/2215 - 14Sth Ave. NW/ Platz ,. ',-." The City Council is requested to table Item No.'7, Drainage/ 2215 - 145th Avenue NW/Platz Discussion Item from ~onights Council agenda., The'residents requesting this item have asked that this item be tabled until the next regularly,schedule CityCoundlmeeting. 0l#LL Scott Erickson City Engineer