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
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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
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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
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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.
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MOTION BY:
SECOND BY:
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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.
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the
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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
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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.
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CITY OF ANDOVER
ATTEST:
J. E. McKelvey, Mayor
Victorla Volk, Clty Clerk
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
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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.
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MOTION by Jovanovich, Seconded by Doucette, to approve the Minutes.
Motion carried on a 5-Yes, I-Present (Apel), 1-Absent (Squires) vote.
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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.
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) 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.
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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.
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- 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.
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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.
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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
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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
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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.
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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.
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THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No.8, is hereby amended as follows:
SECTION 3.02
DEFINITIONS
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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.
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or
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the
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Page Two'
Amend Ordinance No. 8
Planning and zoning Commission
March 14, 1995
SECTION 4.30
HOME OCCUPATIONS
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(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
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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.
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Marinas
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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.
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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
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Regular Andover Planning and Zoning Commission Meeting
Minutes - November 22, 1994
Page 15
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(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. '
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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
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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.
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R~gular Andover Planning and Zoning commission Meeting
Minutes - November 22, 1994
Page 17
(Discussion - Therapeutic Massage Ordinance, Continued)
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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.
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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.
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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.
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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.
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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.
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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.
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,~~ 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
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
PLANNING AND ZONING COMMISSION MEETING - DECEMBER 13, 1994
MINUTES
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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(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.
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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.
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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.
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Page 35
Ordinance No.8, Section
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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.
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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
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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
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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.
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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.
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Victoria Volk, City
Clerk
Publication dates:
March 3, 1995
March 10, 1995
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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
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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:
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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.
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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~
"'
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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)
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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
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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:
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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.
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) 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.
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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.
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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.
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Page 7
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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
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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.
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DISCUSSION - THERAPEUTIC MASSAGE ORDINANCE
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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
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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.
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Regular Andover Planning and Zoning Commission Meeting
Minutes - November 22, 1994
Page 17
(Discussion - Therapeutic Massage Ordinance, Continued)
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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.
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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.
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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.
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" 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.
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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.
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'/ 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
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. 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.
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, Respectfully su~mit~
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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
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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.
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'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.
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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
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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.
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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.
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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.
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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.
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Regular Andover Planning and Zoning Commission Meeting
i Minutes - May 10, 1994
/
Page 16
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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,
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Recording Secretary
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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, (
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\~a~lla A. Peach
Recording Secretary
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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
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Jean D. Nichols
Finance Director
BVlV
3.
REQUEST
The Andover City Council is requested to review and approve
the revised Investment Policy.
BACKGROUND
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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.
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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
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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.
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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.
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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
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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.
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: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'
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MAR " 7 1995
CITY Ut- ~1'JuOVER
Date: :f -/7' Cj 5 "
.......
No. Ptoiecr .,;; 9S--z-
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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
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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
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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
,/
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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
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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-.
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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.
.,- '\
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~
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.
SinCerelY,~~
~-~~ )-,~~
ames G. anrk~ L. Platz
Orrin and Pamela cGill
/l;JJr.d~ a/lze c; d;t
r
O~ l!l5td(
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L:1..L: Y~IIUN:
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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
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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.
,/-'\
'- ;'
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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
(- '\
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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.
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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. "
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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.
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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.
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Model Ordinance Code
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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.
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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.
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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:
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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,
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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.
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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,
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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.
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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.
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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,........
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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
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Model Ordinance Code
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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,
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Model Ordinance Code
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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
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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
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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"""",
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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
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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
"
/
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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.
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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 -
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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.
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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
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Study No. A0128N101
SPRINGSTED Incorporated
March 28, 1995
. ---..
}
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()
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
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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,
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85 E, SEVENTH PLACE SUITE 100
ST, PAUL, MN 55101-2143
612-223-3000 FAX: 612-223-3002
SPRINGSTED
Public Finance Advisors
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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)
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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
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Page 2
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APPENDIX III
Page 9
APPENDIX IV
Page 1
() .
\. _.ty of Andover. Minnesota -
G.O. Refunding Bonds, Series 1995
Prepared: 03/28/95
By SPRINGSTED Incorporated
Current Refunding Summary
Partial Current Refunding of
G.O. Improvement Bonds of 1985
Even Annual Savings Structure
Refunding Bond Rating: Baa
Date of Bonds:
Delivery Date:
Refunded Call:
1 st Callable:
06/01/95
06/01195
08/01/95
08/01/96
Refunding Delivery Date Sources / Uses
Sources of Funds on: 06/01/95
, --"'funding Principal: 825,000.00
\. 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
,"-'"
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,')
\----,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
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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
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()
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.
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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.
\
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WITNESS my hand as such City Clerk of the City this 4th
day of April, 1995.
city Clerk
,
,
,
287585.1
3
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)
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
, ')
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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.
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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~
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.
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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. I 2 I 4 4 17
EMS TOTAL 10 28 11 16 10 17 31 61
FIRE DAY 4 9 4 7 I 4 9 20
FIRE NIGHT 0 4 1 I 3 4 4 9
FIRE WEEKEND !DAY) 0 0 0 I 0 I 0 2
FIRE WEEKEND NIGHT) 3 S 2 4 2 2 7 11
FIRE TOTAL 7 18 7 13 6 11 20 42
TOTAL DAY 6 15 8 12 5 11 19 38
TDTAL NIGHT 3 11 5 7 5 6 13 24
TOTAL WEEKEND ~DAY) 3 4 2 4 3 5 8 13
TOTAL WEEKEND NIGHT) 5 16 3 6 3 6 11 28
TOTAL DAY 9 19 10 16 8 16 27 51
TOTAL NIGHT B 27 B 13 8 12 24 52
GRAND TOTAL 17 46 18 29 16 2B 51 103
ANDOVER VOLUNTEER FIRE DEPARTMENT 03/07/95
TOTAL CALLS FOR THE MONTH OF FEBRUARY, 1995
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 17D
AN ORDINANCE AMENDING ORDINANCE NO. 17, AN ORDINANCE ESTABLISHING
MINIMUM ELEVATIONS AND STANDARDS FOR BUILDING AND DRIVEWAY
CONSTRUCTION.
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