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Home My WebLink AboutCC May 2, 1995 / CITY of ANDOVER Regular City Council Meeting - May 2, 1995 Call to Order - 7:00 p.m. Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Adopt ResolutionjWorkers' Compensation Reform 2. Receive Bids/Award Sale 1995 Improvement Refunding Bonds 3. Receive Bids/Award Sale 1995 Equipment Certificate 4. Receive Bids/Award Sale 1995 Improvement 5. Shadowbrook Sketch Plan 6. Approve Revised preliminary platjWoodland Creek 5th 7. Approve Final PlatjWoodland Creek 5th 8. Award BidsjWoodland Creek 5th/95-1 9. Special Use Permit/Kennel License/208 - 166th Avenue NW 10. MSA Assessment policy Discussion, Cont. 11. Consider MSA Redesignations, Cont. 12. Accept Easement/93-30/Kottke's Bus Service 13. Approve Grading Inspection Fees 14. Order Plans & Specs/Cracksealing/95-3 15. Approve Plans & specs/Cracksealing/95-3 16. Sewer Backup/Koes 17. Sale of Property to ISD 11 18. Salvage Yard purchase 19. Supplemental Feasibility Report/94-18 20. Discussion/Lund's Towing 21. Receive Petition/95-7/0ak Hollow/Streets EDA Meeting 22. Purchase Agreement/Sandeen Property 23. Request TIF Funds/139th Ave. Signals Staff, Committees, Commissions 24. Award Bid/Purchase of two 1-ton trucks 25. Schedule Special Meeting/Canvass Election Results Non-Discussion items . J 26. Adopt Resolution/Intent to Reimburse 27. Refund Cash Escrow/Jonathan Woods/Foxberry Farms 28. Reduce Line of CreditjWoodland Creek/87-27 29. Approve Reimbursement to ARDA/Irrigation piping Mayor/Council Input parment of Claims AdJournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE MAY 2. 1995 AGENDA t-n SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Approval of Minutes ITEM t-n city Clerk Approval of Minutes v. Volk ~.~. BV{};t The City Council is requested to approve the following minutes: February 21, 1995 Executive Meeting April 18, 1995 Regular Meeting April 18, 1995 HRA Meeting April 18, 1995 EDA Meeting ) April 13, 1995 Board of Review (Knight absent) ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM t\O. City Clerk Adopt Resolution/Workers' Compensation Reform v. Volk d.J, BY: ~ /. The Anoka County Chamber of Commerce has asked that the City Council adopt the attached resolution calling upon our legislators and governor to pass major workers' compensation reform. A representative of the Chamber will be present at the meeting to discuss this with Council. ) J MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTION CALLING UPON THE GOVERNOR AND LEGISLATORS TO PASS MAJOR WORKERS' COMPENSATION REFORM. WHEREAS, the average cost of workers' compensation in Minnesota is 40 percent higher than in Wisconsin; and WHEREAS, nearly $100 million is spent by counties ($15.3 million), cities ($35 million), school districts ($23.9 million) and the State of Minnesota ($24.7 million) for direct workers' compensation. If these counties, cities, school districts were located in Wisconsin, their premiums for workers' compensation could be up to 40 percent less; and WHEREAS, local governments pay these high workers' compensation costs when employing private Minnesota contractors to perform services for their governments and these costs are not included in the $100 million direct workers' compensation costs; and WHEREAS, if Minnesota had workers' compensation reform which would be close to any of the bordering states, there would be less money spent on workers' compensation premiums and more money for property tax relief or services; and WHEREAS, local city and county development agencies find it increasingly difficult to bring good jobs to their community and expand their tax base because of high business costs, including workers' compensation; and WHEREAS, local governments need an expanding tax base if they are going to hold down property tax increases; and WHEREAS, between 1991 and 1992, 30 Minnesota manufacturing companies employing 1,500 workers moved from Minnesota and all gave the reason for their move as Minnesota's high workers' compensation costs. NOW, THEREFORE BE IT RESOLVED that the City of Andover is calling upon our legislators and Governor to pass major workers' compensation reform which will make Minnesota's workers' compen- sation rates comparable to those of surrounding states. Adopted by the City Council of the City of Andover this 2nd day of May , 1995. CITY OF ANDOVER Attest: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 AGENDA N:), SECTION Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM N:), Receive Bids/Award Sale 1995 Improvement Refunding Bonds ~-N Jean D. Nichols Finance Director BY: d. REQUEST The Andover City Council is requested to receive the bids and award the sale for the 1995 improvement refunding bond issue: $825,000 General Obligation Improvement Refunding Bonds, Series 1995B \ , j BACKGROUND The City Council authorized the city staff and Springsted Inc. to solicit bids for Council review for the 1995 General Obligation Improvement Refunding Bonds at the meeting on April 4, 1995. The bid deadline was set as Tuesday, May 2, 1995 at 11:00 a.m. Central Time. Therefore, Mr. Robert Thistle from springsted Inc. will present the bids and resolution for award at the meeting. ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA f\O. SECTION Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM f\O. Receive Bids/Award Sale 1995 Equipment Certificate ~-N Jean D. Nichols Finance Director 8Y~ -3. REQUEST The Andover city Council is requested to receive the bids and award the sale for the 1995 Equipment Certificate issue: $515,000 General Obligation Equipment Certificates of Indebtedness, Series 1995C. \ / BACKGROUND The City Council authorized the city staff and Springsted Inc. to solicit bids for Council review for the 1995 General Obligation Equipment Certificate Bonds at the meeting on April 4, 1995. The bid deadline was set as Tuesday, May 2, 1995 at 11:00 a.m. Central Time. Therefore, Mr. Robert Thistle from Springsted Inc. will present the bids and resolution for award at the meeting. ; I MOTION BY: SECOND BY: CITY OF ANDOVER \. REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA r-n SECTION ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA Discussion Items ITEM r-n Receive Bids/Award Sale 1995 Improvement Bonds o J~ D. Nichols Finance Director ~ 1. REQUEST The Andover City Council is requested to receive the bids and award the sale for the 1995 improvement bond issue: $2,605,000 General Obligation Improvement Bonds, Series 1995A BACKGROUND \ ) The City Council authorized the city staff and springsted Inc. to solicit bids for Council review for the 1995 capital improvement financing at the meeting on April 4, 1995. The bid deadline was set as Tuesday, May 2, 1995 at 11:00 a.m. Central Time. Therefore, Mr. Robert Thistle from Springsted Inc. will present the bids and resolution for award at the meeting. " ) MOTION BY: SECOND BY: \ \, ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ? 1QQc:;. . M::lI1T AGENDA SECTION NQ Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NQ Shadowbrook Sketch Plan ~ Andover Review Committe J<' BY: f)r s-: The City Council is requested to review the proposed sketch plan of Shadowbrook as presented by Tony Emmerich Construction and Gorham Builders. The Andover Review Committee (ARC) has reviewed the sketch plan and their comments are as follows: General Comments \ ) * The proposed sketch plan is located in an R-l Single Family Rural Zoning District. The developer will be making an application to rezone to an R-4, Single Family Urban Zoning District and then will be applying for a special use permit to do Planned Unit Development (PUD) as multiple dwellings are proposed in the northeast part of the parcel. Minimum lot width is 80 feet except corner lots are either 90 or 100 feet minimum and minimum depth for all lots is 130 feet for R-4 Zoning District. * All lots will be required to meet Ordinance 10, Section 9.06 a(l) which relates to lot size requirements. The property is not currently located within the MUSA area although it is consistent with the comprehensive plan to receive MUSA. In addition, the front 100 feet of the lot shall be buildable which is a standard the City has been using for sewer and water lots. * An Environmental Assessment Worksheet (EAW) will be required by State statute. * The Water Resource Management Plan which was recently updated and approved by the Andover city Council, Coon Creek Watershed District and the Lower Rum River WMO is to be implemented with the development. * The 100 year pond elevation will be required to be identified on the preliminary plat. In addition, drainage and utility easements are required for the 100 year flood elevations. MOTION BY: SECOND BY: * The developer and/or owner is responsible to obtain all necessary permits (DNR, u.s. Army Corps of Engineers, Coon Creek Watershed District, MPCA, LGU and any other agency which may be interested in the site). Initial contact should be made with the City regarding this item. * There may be wetlands within the plan that must be delineated by agencies and indicated on the preliminary plat. The Local Government Unit is the Coon Creek Watershed District. The developer shall contact the Watershed to discuss the 1991 Wetland Conservation Act that is in effect. * The developer is required to meet City Ordinance 8 and 10 and all applicable ordinances. Remember: This has not been studied by staff in detail as most of the detail will be reviewed with the preliminary plat. Planning and Zoning Commission Comments The Commission overall felt the layout of streets appeared to be adequate. However, Commission Doucette did express concern with the multiple dwellings proposed in the northeast part of the project due to the fact that it is not consistent with the Comprehensive Plan. Commissioner Luetke was also concerned with the multiple dwellings because of location which may create additional traffic volumes through the single family residential area. Commissioner Luetke felt that maybe the house could be located adjacent to Bunker Lake Boulevard. Park and Recreation Commission Comments The Commission will be reconsidering the sketch plan again at their May 4, 1995 regular meeting. City staff would like to look at the possibility of trying to connect a trail system to the proposed Coon Creek Bikeway/Walkway Trail from this development. Additional Comments * This area per the City's Water Supply Comprehensive Plan does indicate a possible water storage and well site. The proposed location is in the northwest corner of the development. The City Council will need to make a determination if this site is an appropriate location for a storage site. At this point, it appears that approximately 2 acres are necessary for the site. * The Sheriff's Department and Fire Department have expressed a concern in regards to having an access from the north possibly in the northeast corner of the project extending to Butternut Street NW for public safety and a faster response time. * The Fire Department and Public Works Department have expressed a concern that there may be too many cul-de-sacs. * The sanitary s~wer may not be able to serve the entire site by gravity sewer and that a lift station may need to be considered. 0 ~I ~ ~ " 2 " c: ! .- ~ =s G ~ ~ ~ i ~ ~ j ~ ~: Q,) .':. ~ t i~'" U) :1 i~! '; ~ CI) ~~~ ' 8 -g ~.i* . ..... '<l .. z ,.0:; 0...1 ~3: i @ ,~ '--~- a... <l: :::< >- II( Z , f- ~ Z U > ("'1 '-~ ,-\ ~ e z CITY OF ANDOVER ... REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA t-n SECTION ORIGINATING DEPARTMENT Discussion Item scot~ Eri~kson~~ Eng~neen.ng APPROVED FOR AGENDA ITEM t-n Approve Revised Preliminary P1at/Woodland Creek 5th Addn. BY: ~ ~. The City Council is requested to approve the resolution amending Resolution No. 080-94. Resolution No. 080-94 approved the pre~iminary plat of Woodland Creek 5th Addition located in Sections 29 & 32, Township 32, Range 24, Anoka County, Minnesota. The plat has been revised by adding Block 1, Lot 1 to the previously approved plat. This lot was previously used as a temporary parking lot. A 20 foot wide easement has been retained along the west side of the lot for drainage, utility and pathway purposes. ) , I I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION AMENDING RESOLUTION NO. 080-94 APPROVING THE PRELIMINARY PLAT OF WOODLAND CREEK 5TH ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION IN SECTIONS 29 & 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the Andover review Committee has reviewed the revised preliminary plat citing the following revisions; and the City Council concurs on the following: 1. Resolution No. 080-94 continues to apply to this plat. 2. Block 1, Lot 1, has been added to the previous approved plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised preliminary plat of Woodland Creek 5th Addition . Adopted by the City Council of the City of Andover this 2nd day of May , 19 95 . CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria volk - City Clerk " ~ ~ ~ ~ ~ ~ ~ ~ ~ : ~ I "';N.99"OS52'IW~ ~ ~:., I ;'" Z38 ~ -z..,.,. ~ -S "'$\0 ~~ F'.J8 ---r'" ,--,..s::~\S' ~ ~ ~ :;IY: /e!O -J ~ ~:;o/'-...,~o~.s"__ :.': ~ ~ ~ll' ~~I '" ,25,'-050' ~'" ",-~~-'z:... I,., ~ ~" I) ~ J;:;, i 2 ~Y''-.~' :: 'h ~t:: Jib4<,"J " :,'. ..it -,> Ut?q ~~~ 2'-;50" ::al~ I \r:"11'\';::-(I'~ :: f42ND \'\L"-o. 'I . L ~ ~'. " ~."<:. t _Ay"'E. N:W;~ 'r .e~_o..--3 E',:<, '''', 1', I.' "" '1 I. ~ - II :J~, J~' I ~: r I ~I \J) ~'-'4.' ~~! ;.~ -:;~ I "II/.!,H~ ' !~ I" 10 ~' ~~ L/~::U I W~~ .,~ n= ll, ~ _n::-l~1 \ ,..,1 2--'~, Z III r 5 01 . ~~ tl/'!,HO" 'ui ,:~ (' ,21,""0.' 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':; 1'-, UoclL"J Cr~cK 5_. . , ~.' - -'- '-=:'~--;:=--, , ----:::- '- "' .f /,\ C".'L '.~", PF CF CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 AGENDA r-n SECTION ORIGINATING DEPARTMEN]; Scott Erickson,'PL Engineering APPROVED FOR AGENDA Discussion Item ITEM r-n Approve Final p1atjWood1and Creek 5th Addition BY: ~ '7. The City Council is requested to approve the final plat for Woodland Creek 5th Addition. The final plat is in compliance with the preliminary plat. Drainage and utility easements will be reviewed prior to filing of plat. It is recommended that the plat be approved subject to the following: , ) 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved or revisions thereof by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}). 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric cooperative. 6. Park dedication has been paid in full. , ) 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 THE FINAL PLAT OF WOODLAND CREEK 5TH ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION WHEREAS, the City Council approved the preliminary plat of woodland Creek 5th Addition; and WHEREAS, the developer has presented the final plat of woodland Creek 5th Addition NOW, THEREFORE, BE IT RESOLVED hereby approve the final plat of contingent upon the receipt of the by the City Council of Andover to woodland Creek 5th Addition following: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer if the site is complete, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved or revisions thereof by the City. 4. Not be be signed by the Mayor or City Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.}). 5. Street lights to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Park dedication has been paid in full. MOTION seconded by Councilmember City Council at a regular meeting this 2nd 19 95, with Councilmembers and adopted by the day of May voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria volk - City Clerk / . i ~ .. , u f idJ .t 'I ~ ~lbi .. ~ J Ii . !I I eJ 'tt.!Olli I ! i f.~ H! ~'1 j '''l . ti i e. .b~ f " Hi ! 11 ok ill[ I; ~ ~ Z ~ I' . j rx " till ! ~~I ~ I !J S i.j" ~ I .1 I;. i ~:I: l ~. i 11 t -.1 -" ~ 1; ~ ;~J 0 fi 'I~ Jii" ~ 2~ . . I !1i .. ~.- lo Jill i .. h l i ! Iii ~ u .-..4 ii " ~ ~ ,;I ",:!:.l!' ~ ! !i 0- Ol" . ~li ; I '''. ~~ ~ do . I : r-= i. Q"l~ 1 ih . f I I ! ii . Ii l~ lltar 0;1 , ~ i-~!i ei . .....-4 hil ~I !l; :t'J ~ .1 ) I.. s . ti Ii . .1 I Ii .1 r' .- v rJ qi ~ 0 -! . .- liS" I .;'. U' ImJ I .;'1 ~ I! H ~ I! ~Iil Ji t5 ~,1~ i~. ! " f ~:" it 55 r .. <( r- 0 ~- ~ ~~ ,_s .. .... ~- ".. hii [:F .. .6 i 1: !l ~ 0 n 1 fa .511 ~ - ,- ~ <d ~' 111l ~l Ii! ~ : h "l"i i I ~j i .. Jf ~ili! !;{8 . ~ I~~ ~ c~ II " s l.L.. ,. ~ . I- n o'll"'i I'" . 1:;1 5 I 0 si ~ ~i ..., ~i;. f' U Vi ... e IP" 1 t:d ~ u j .., ~sH I~ ~ 'I i i~ it.: .. WAd z -I ~ rJ .. zlii J" ~ 6 ~ ::> i>> - u 8. It o.!f~ 0 ; ..I J " i )f ~ ~i~ ~ I' ~~h~~ . 1 0 t. ; H in- *1 ~ ~ ~ ~. i JI ~ i III ~ fl h ilt ...!!sl z .8i f.- g; r~ ,,~ I' .'0 :b f~ ~:"n~ '1- '1&.1 "b i'" ~ ~ 1 ~ ~' '" 11 . )11 ~t lit fl.) lill:! / ~ Ri ~ J~ 8M i ...1. ~i J m..! n a Ud ~a ~"'~ . ""5 Ii &ll ~ ~ . ~ l, ;~~ - " ~- 11 ~l! !tll j -'j II :l ... IJ E; -~ ~ it.-I !i ~f ! ~; "1 lsl~ 1i~ ~Ai ~ ~ ~!:. ~ ~ . z- i ~1 >!$ ~ .-.. ~; -;j- .i...,Ii.. I .: - . \ ~ld .a:s .".,. U ~ ! !I ! hi ! Ii !I~ 0 "lj ! ~I ~~ Cl ~ ~ i=-t i: zl- mR.... h !~2 ~- lL.. . . 0 Z ~ < {) ~ ~ 0 0 ~ ~ I LWI~_':::"~ ..,._l""'lI...,........ '" " -, \) VI i.. ~ ~ ~ .----.---.---. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 AGENDA t-n Discussion Item SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-n Award Bids;Woodland Creek 5th Addn. scot~ Eri~kson,~r Eng~neenng ~1-- BVlY g. The City Council is requested to approve the resolution accepting bids and awarding a contract for the improvement of project 95-1, Woodland Creek 5th Addition, for street, watermain, sanitary sewer and storm water improvements to volk Sewer and Water, in the amount of $99,553.28. Bids were opened at 10:00 AM on April 27, 1995. There were seven bidders on this project. \ ) The bids for the project are as follows: Engineer's Estimate $99,553.28 $ 9 9 , 712 . 00 $109,591. 30 $111,952.05 $118,033.34 $118,165,73 $121,804.30 $128,394.70 1. Volk Sewer and Water 2. Hydrocon, Inc. 3. W.B. Miller 4. Inland utility Construction 5. Kober Excavating 6. Bonine Excavating 7. Northdale Construction Volk Sewer and Water has successfully completed projects for the City in the past. , ) 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. 95-1 FOR STREETS, WATERMAIN, SANITARY SEWER AND STORM WATER CONSTRUCTION IN THE AREA OF WOODLAND CREEK 5TH ADDITION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 046-95 dated April 4, 1995 , bids were received, opened and tabulated according to law with results as follows: 1. Volk Sewer and water 2. Hydrocon, Inc. 3. W.B. Miller $99,553.28 $99,712.00 $109,591.30 NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Andover to hereby accept the bids as shown to indicate Volk Sewer and Water as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with volk Sewer and Water in the amount of $99,553.28 for construction of the improvements; and / direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the meeting this 2nd day of City Council at a regular May , 19~, with Councilmembers the resolution, and Councilmembers voting in favor of voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: victoria volk - City Clerk APR-28-1995 10:19 TKL'A 612 292 0083 P.01/07 I ..$C'" TKDA FUll Fax' 'AU. ANDERSON ,lfofOOf'POP'lATr.O ENCllNEER3 . ARCHITeCT::! . PLANNEf._ ._...........~....-.. PlAZA .... CalM $'TIlEeT ..-.INT PAUL. M1NMESOTAUf01-C1,40 PIlOllE:"'2I2VZ~ FAll:lllZ12H.ooI3 April 27. 1995 Honomble Mayor and City Council ~dover,~esota Re: Woodland Creek 5th Addition City Project 95-01 City of Andover, Minnesota Commission No. 10888 Dear Mayor and City Council: Bids for the above referenced project were received on Apri127, 1995, with the following results: Contractor Amollnt of Bid Yolk Sewer and Water Hydrocon, Inc. W.B. Miller Iuland UtilIty Construction Kober Excavating Bonine Eltcavating Northdale Construction $ 99.553.28 99,712.00 109,591.30 111,952.05 118,033.34 118,165.73 121,804.30 Engineer's Estimate $ 128,394.70 A complete Tabulation of Bids is attached for your lnf011llation. It is recommended that a contract be awarded to the low bidder, V olk Sewer and Water, in the amount Qftheir low bid of $99.553.28. Sincerely yours, JLD: a<.Ih Attachment / TABULATION OF BIDS Woodland Creek 5th Addition (95-01) City of Andover, Minnesota Commission No.1 0888 Bids Due: 10:00 AM April 27, 1995 .' \ 'I I:? I, !/ ) u lt~: ;. ROUND iJ RJ ~~llt7~i~ LAKE /} {,: ~~/~~". , .' /.~ ~ H :. . I 'DO.' '. . , '~- , 1\ I ~ '5 A I "., ; ~ ~ \5'..." , 1..0 ' ' ~ ~ .ti ~..r6!:-': ' ., . ~it~~ - ;' '.,~ t-- ---- I ~ \,\ i ~~ -. ,TIM;,NO,",' '" l~"", : ~ " ~~..~... : ,;.~.~ 1P.1.f. : :: ,: .N%-. ~ ~ ~ I~ _n . \ \\ ' ' .~.... ~. ""' . . p ~.. ~ or, CRffKRIMC .,______. . ,~N P-I .; ,; " . ". : '."" . ~ ~ ~_ \. :_...__.. v.!S","\-1;: lP' . ~"~, .' .,... ';:;;~.' ~ , " ' .A,=:-q:~\,..~. I,. . +- .~ ~ ~ . $\ ".~, i ....., ", ", ':IT '//;r"1 ~ 1" ,CST~Tl.'S. TI . I IITIII I ".,. - I. _ /1111. ' "'+iJ, I .- T'II . . , .. 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L~ AOEO AREA DENOTES PARK AREA , , '- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 ITEM NJ. Special Use permit Kennel License 208 - 166th Avenue NW Debbie Brink Planning David L. Carlberg Planning Director APPROVED FOR AGENDA AGENDA NJ. SECTION ORIGINATING DEPARTMENT Discussion Items 9. ~ ~ REQUEST The City Council is asked to review the Special Use Permit request of Debbie Brink for a kennel license at 208 - 166th Avenue NW, legally described as Lot 8, Block 2, Rolling Forest. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use permit process. Ordinance No.8, Section 7.03, establishes those uses allowed by Special Use Permit. In an R-1, Single Family Residential District, dog kennels are allowed by the granting of a Special Use Permit. planning & zoning Review The Planning and zoning Commission, at their April 11, 1995 meeting, recommended approval of the Special Use Permit request. Attached for your review are the minutes and the staff report from the meeting. Attached is a proposed resolution for Council review and adoption. The Council should note that this is the last Special Use Permit for a kennel license (private) that will be issued by the City. / MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 / A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF DEBBIE BRINK FOR A KENNEL LICENSE LOCATED AT 208 l66TH AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Debbie Brink has requested a Special Use Permit for a kennel license on the property located at 208 l66th Avenue NW, legally described as follows: Lot 8, Block 2, Rolling Forest WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property values; and the use is consistent with the Comprehensive Plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to approve the Special Use Permit for a kennel license requested by Debbie Brink on said property with the following conditions: 1. The Special Use Permit shall be subject to annual review by Staff. 2. The kennel license shall be subject to annual renewal. 3. The number of dogs shall be limited to six (6). Adopted by the City Council of the City of Andover on this 2nd day of May , 1995. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor victoria volk, City Clerk I CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION April 11, 1995 AGENDA ITEM. . 3. ~ubllC Hearlng Special Use Permit Kennel License 208 l66th Ave. NW DATE ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA David L. Carlberg Planning Director BY~ BY: REQUEST The Andover Planning and zoning Commission is asked to review the application for a Special Use Permit requested by Debbie Brink for a kennel license on the property located at 208 166th Ave. NW. The property is legally described on the attached resolution. The property is zoned R-l, Single Family Rural. APPLICABLE ORDINANCES Ordinance No.8, Section 3.02, Definitions, defines a "Dog Kennel" as "any place where four or more dogs over the age of six months are boarded, bred and/or offered for sale, except a veterinary clinic". Ordinance No.8, Section 7.03, lists those uses allowed by Special Use Permit. In an R-l, Single Family Rural District, dog kennels are allowed under a Special Use Permit. Ordinance No.8, Section 5.03 regulates the Special Use Permit process. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. The Commission should consider these criteria when making a decision to recommend to the City Council approval or denial. . Page Two Special Use Permit 208 l66th Avenue NW Debbie Brink April 11, 1995 GENERAL REVIEW The applicant is requesting the Special Use Permit for a kennel license to allow her to keep up to six (6) dogs on said property. The kennel would be considered a private kennel in nature as no boarding of dogs will be conducted. The applicant will be present at the meeting to discuss her intentions. COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit for a kennel license requested by Debbie Brink on the property located at 208 l66th Avenue NW, legally described on the attached resolution. . / The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. The Commission shall also make the following conditions: 1. The Special Use Permit will be subject to annual review by Staff. 2. The kennel license will be subject to annual renewal. 3. The number of dogs shall be limited to 6 4. other conditions as deemed necessary by the Planning and zoning Commission. 2. The Planning and zoning Commission may deny the Special Use Permit requested by Debbie Brink on the property located at 208 l66th Avenue NW, legally described on the attached resolution. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 ~e~Pl ~r2 ~~~ A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF DEBBIE BRINK FOR A KENNEL LICENSE LOCATED AT 208 166TH AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Debbie Brink has requested a Special Use Permit for a kennel license on the property located at 208 166th Avenue NW, legally described as follows: Lot 8, Block 2, Rolling Forest WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property values; and the use is consistent with the Comprehensive plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to approve the Special Use Permit for a kennel license requested by Debbie Brink on said property with the following conditions: 1. The Special Use Permit shall be subject to annual review by Staff. 2. The kennel license shall be subject to annual renewal. 3. The number of dogs shall be limited to six (6). 4. Other conditions as deemed necessary by the Commission. Adopted by the City Council of the City of Andover on this day of , 1995. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor vlctoria volk, City Clerk . , , , , '\ . . . :..... , , ......... " ........ :"<1. .... (:\ . . , o o , . , . . .' . . ....... . .' ....... -.....-. , . . , '~ : ..../ ."".. :,"/' . , . , .' .' , . . o .>1 ';\' ~ ..-.... ...---...'........----..... .. ................ " , . . i .' , , . . . 1'-' . . .,' '\~ f ,.,.J "...: -n-J ~~. ,.--......... .- ..' . , , . , , . . , .oI' ---t- .../" \ .-" \ // .' , . ..- . , . , . , . . ) : . . . . '. . , . . , ,. / ~ o .' , , . . . o o , . . . . : . , . . . :. . ! . : ~ . ..... ......--,- . . . . , , ~/ , Zf - .u '-1 c tX. .~ . .' ..-.' ,.....-...... , , , o : , , . . . , o , . , IC')~ ~ . .. . . . . .. . . , , . ~ , .. ~ \-, \.U Q:. C U. ~~ :..;,",...............,.. ....~p ~ -;;- ~ . ........ .. ........-..... '. III ..........-..... '. ........... ............_....~.. . ~~ ~ ", ". " . . , " .. ~, "...:l l: . .;, :::" '-=- l\a ,,- ~s OOOM.LNI1.:1 &p 4"'~"'" D~NT'i~S-r ~..- ...,..., ~...... '20~ llotof'lI Ilve jJL),) AYldover HO''\lC 43t1;olt;b65 )Jor I< " IrD,CoTH . ./ t ,J \' COD 0", ,\:><0 -. . 0'''- ~ ' "'~', . ... ~~: \ . . \ , . ' \ \ \ \ (-.. -{- l_l_Ji I I CJ;t I ~ T~+- ~ J:l1n,,\r? ~ ' , ~ . -- "I; I: '~:;" \ \ . \ .' I ~") ~) l_ o o ..... ) / /' (C) '''''1''''''1,' . I' ; !"" . ; _.t.\., '\ \ ' \ ----- /00 - - - 2.90.00 --- / .". . . '<2G -5:'0 o , , !.J t:J <:[ 2:/- -Z <:[W 3~ - u,,- LLJ IIJ :>-<( f-I.J..J -1 \ I I / , -~ / I / o o If] q- \9 / I / '"'< / Y<llUo2..,. 6rlbe,rcL I):;:' ~/~d . , -. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (812) 755-5100 SPEC1AL USE PERMiT property Address 2.DPJ- Ur/o-th Avo ^-fLU Legal Description of property: (rill in whichever is approp~iate): Lot ~ Block c:S- Addi tion f<oL.W~q - t-~.,- PIN K rz.. 32.2.4 44 C;a)'Z (If metes and bounds, attach the complete legal description. ) Is the property: Abstract")( or Torrens ? (This information must be provide~ can be obtained from the County. ) " ----------------------------------------------------------------- Reason for Request 1JOb k'.F<tJt0€:L Lu- (C:"NS€----- 1O-M1)/WJ 10 ~ 5H- Cc.-) ~5 t .. ) Section of Ordinance 5:0 i 063 Current Zoning it-II 911<. ----------------------------------------------------------------- Name of Applicant ~ BR..I"- \\<C Address ;;xJ&- 1(&,* A\JF, NLV Home Phone ~-~ Business Phone ~E Signature ~'L... ~II)'\ JC Date ----------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone / Signature Date ----------------------------------------------------------------- ) " SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property Date Paid ( ~75()O I . J k ~/q7 Receipt i c2.()t 7 '6 I f; 7S -tp Rev. 5-06-93:d'A 5-04-94:bh 2-0l-95:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. . . . ~ ..~ ;:.. . ....d :. .:,..:'.:' ...... CITY of ANDOVER . ., ...... ......- 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 · (612) 755-5100 " ,?),~.. .' . .~. .. . - .. . .' "~< :~ig;J~ ,";~1;' . , ~,~ ::;:." ;, . : :-;i~: '. , " CITY, OJ!' ANDOVER ' " COUNTY OJ!' ANOn , . STATE OJ!' MINNESOTA ' NOTICE OJ!' PUBLIC BEARING- , ',' " ' .. ~. , r . . ~. ..,: The Planning and zoning Commission of the'City of' Andover 'wil{.~."':;/' hold a public hearing at 7:00 p.m., or'as soon thereafter as can';".': be heard, on 'l'Uesday, April 11, 1995 at the Andover City Hall, . ' 1685 ,Crosstown Blvd. NW, Andover, MN to review the Special Use ' , Permit request of Debbie Brink for a kennel license located at. 208 166th Avenue NW (PIN 12-32-24-44-0002), legally,described as follows: ' " , , " ' l Lot 8, Block 2 of the Rolling Forest Subdivision, Andover, MN. All written and verbal comments will be received at that time and location. A copy of the application and location will be 'available at 'Andover City Ball for review prior to said meeting. .." . Vi~o~itY Clerk I publication, dates: March 31, 1995 April 7, 1995 '. J Randall Gady 280 166th Ave. NW Andover, MN 55304 Allard Reddington 15810 Sycamore St. NW Andover, MN 55304 Robert Boyum 16481 F1intwood st. NW Andover, MN 55304 Jpf.f Petersen ~ 166th Ave. NW Andover, MN 55304 David Bolstad 219 166th Ave. NW Andover, MN 55304 Resident 236 166th Ave. NW Andover, MN 55304 / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA SECTION NQ Discussion Item ORIGINATING DEPARTMENT scot~ Eri~kson,l\t Eng~neer~ng ~ APPROVED FOR AGENDA ITEM MSA Assessment Policy, NQ Discussion, Cont. BV~ jtJ . The city Council is requested to continue the discussion on possible revisions to the current state Aid Assessment Policy that has been adopted by the City Council. The two items which were discussed at the last Council meeting were: 1. The ~ethod and amount of assessment to each property owner. 2. Assessments to undeveloped parcels (i.e. - farmland). Council was going to evaluate these items and provide additional input and/or suggestions to the options presented at the last Council meeting. \ ,_ J MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 4, 1995 DATE Discussion Item Scott Erickson,t~ Engineering APPROVED FOR AGENDA AGENDA r-.o SECTION ORIGINATING DEPARTMENT ITEM r-.o Consider MSA Assessment Policy Change ~:~ 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 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 1). 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. J MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA SECTION t-n Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-n Consider MSA Redesignations, Cont. scot~ Eri~kson, 'L EngJ.neerJ.ng d ~ II. This item was continued from the April 4, 1995 Council meeting. If Council agrees with the proposed designations the appropriate resolutions will be initiated at the next regularly scheduled meeting. ) \ ) MOTION BY: SECOND BY: , CITY OF ANDOVER REQUEST FOR COUNCIL ACflO~pril 18, 1995 DATE AGENDA SECTION t-.O Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA Scott Erickson, Engineering ITEM t-.O Consider MSA Redesignations BY: The City Council is requested to consider redesignating some of the State Aid Streets within the City. Some of the streets currently designated are no longer valid or may be more effectively designated at another location. The streets suggested to be revo1ked are: \ ) street 1. 177 th Ln. NW From To Round Lake Blvd. NW Tulip St. NW Approxima e Mileage .50 2. Tulip st. NW 3. Tulip st. NW 4. 165th Ln. NW 177th Ln. NW 168th Ln. NW 173rd Ln. NW .50 161st Ave. NW 1.00 7th Ave. NW Round Lake Blvd. NW 1.57 5. Crosstown Blvd. NW 157th Ave. NW Constance Blvd. NW .50 '4:0'7 The street suggested to be designated are: street A. 168th Ln. NW From Tulip st. NW Approxima..e To Mileage Round Lake Blvd. NW .50 B. Nightingale st. NW C. 142nd Ave. NW Orchid st. NW 140th Ave. NW Ivywood st. NW 139th Ave. NW Eidelweiss St. NW Crosstown Blvd. NW 161st Ave. NW 1.25 Round Lake Blvd. 142nd Ave. NW Orchid St. NW 140th Ave. NW Ivywood St. NW 139th Ave. NW NW Orchid st. NW 140th Ave. NW Ivywood st. NW 139th Ave. NW Eidelweiss st. NW Bunker Lake Blvd. ) ) )1.25 ) ) NW) CONTINUED \ '- / MOTION BY: SECOND BY: , D. 161st Ave. NW Tulip St. NW Xenia st. NW .25 Xenia st. NW 161st Ave. NW 157th Ave. NW .50 E. Xeon st. NW Andover Blvd. NW Crosstown Blvd. NW 1.12 F. 133rd Ave. NW Crosstown Blvd. NW Quinn st. NW .30 G. 139th Ave. NW Crosstown Blvd. NW Future extension of Jay st. NW .90 b:'O'7 A map detailing the existing state aid system and the proposed changes will be provided at the Council meeting. / i -. 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K~I ~u Cdb~:~~ ~Ih;k .~ , , II _ , , '. -"'- i I I , I I I ~l I I , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE ITEM fIO. Scott Erickson,~ Engineering APPROVED FOR AGENDA AGENDA SECnON fIO. Discussion Item ORIGINATING DEPARTMENT Accept Easements/93-30/Kottke's Bus Service BY: ~ I;? . The City Council is requested to accept the attached drainage utility easements from Kottke's Bus Service. The easements were provided to facilitate the construction of the Bunker Lake Boulevard Service Road construction, project 93-30. and , " ) , ) MOTION BY: SECOND BY: ) EASEMENT GRANT THIS EASEMENT, made this 1-~~ day of 1YJ,/f'..U-f ,19 1~ ,by Lloyd W. Hanson. President. and Lloyd Sutherland. Vice President-Treasurer: Kottke's Bus Service. Inc.. Grantors, to the City of Andover, a municipal corporation, Grantees, County of Anoka, State of Minnesota. WITNESSETH, that Lloyd W. Hanson and Lloyd Sutherland do hereby dedicate to the city of Andover a permanent easement for drainage and utility purposes over the land located within the City of Andover, County of Anoka, State of Mirmesota, described as follows: J Property Description Lot 14, WATT'S GARDEN ACRES. ,. Easement Description: Permanent: A strip of land lying 30.00 feet northwesterly of and parallel with the following described line. Conunencing at a point on the South line of Lot 14, Watt's Garden Acres, according to the recorded plat thereof, lying 265.00 feet westerly of the east line of the SE 1/4 of Section 34, Township 32, Range 24, Anoka County, said point being on the east line of a Northern States Power Company easement; thence on an assumed bearing of North 88 degrees 54 minutes 42 seconds West along the south line of said Lot 14, a distance of 439.42 feet; thence northeasterly a distance of 208.12 feet along a curve concave to the southeast and being tangential with a line bearing North 00 degrees 04 minutes 35 seconds East, said curve has a radius of 330.00 feet and a central angle of 49 degrees 40 minutes 40 seconds to the beginning of the line to be described; thence continuing along said curve, a distance of 78.00 feet; thence North 49 degrees 45 minutes 15 seconds East, tangent to said curve, a distance of 90.00 feet, and there terminating. / IN WITNESS WHEREOF, Lloyd W. Hanson and Lloyd Sutherland have caused these presents to be executed or have set their hands the day and year first above written. " IN PRESENCE OF: (cWO. KL/j~'f eX >' STATE OF MINNESOTA COUNTY OF ANOKA ) ) SS. NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on ' 19 _, the above described easement in this document. Dated: ,19_ (SEAL) CITY OF ANDOVER By Clerk , I EASEMENT A UISrnON I I I P AjRCEL .3 ~ I ~' ,,' ... ,., I ~;~____ I '-' " (Ie l '7- '" r - "'" I I I- - 1'1 '" L _ I II .;. ',..,~ ~.,;~t:~~t~' : . '-./ 8 !j ~~<h'" Q::- . !2 ",' :,:",., " 0.:'<: " II II;;V ,:, ~ '7Q,~ ...\ , ,(/ , I , 439.42' - 379.4-1 S 88054' 42"k BUNKER LAKE BOULEVARD soum FRONTAGE ROAD CITY PROJECT 93-30 City of Andover, Minnesota COMMISSION NO. 10581 T K D A, INC. 1500 PIPER JAFFRA Y PLAZA 444 CEDAR STREET SAINT PAUL MINNESOTA 55101-2140 ) PARCEL70F 10 DATE: February 2, 1995 t~'~----l--- 415 00 -----------:--~.=----1 '1'" : 'u/ .1 I ~~,~ I-~~ 0'",; I - I o ~ V) I. I 0'''1:;''' ^ ,...... i..... r- ,.... LJ.J ,-, "') _ 0- I \ I I- ( I- _ .... I L - .J II -c;(::; I - '1 ",/ I \ L - ..../ ::: I <)... 0::-.111 --~ ,-,~ ~ ,-, ".I". ... -' ; ~.~':.~ , -(" l..._ C ., . .:~: N u' I / 4_. ....~. ,-, ,., .; "'_' ~<<J: I ~:~~~\ ~;: I :~: N ::: ....- - -' , : ~': I: =: i . J. _ ,,, '- , I ;~': \ ':~: \ .-. '-' \ \ I I I I I I I ------ 340.00 ------+------1 ... << \ ci N ,., ~ ,..: I :; Point of Comm. 265.00' ... ", PIN 34-32-24-41-0008 OWNER(S): Kot1l<e's Bus Service, Joe. 13625 Jay Street NW Andover. Minnesota 55304 / EASEMEI'IT ACQUISITION PARCEL 7 OF 10 DATE: February 2,1995 ) " . J --. '-.. >< BUNKER LAKE BOULEVARD SOUTH FRONTAGE ROAD CITY PROJECT 93-30 City of Andover, Minnesota COMMISSION NO.1 0581 PIN 34-32-24-41-0008 OWNER(S): Kottke's Bus Service, Inc. 13625 Jay Street NW Andover, Minnesota 55304 TKD A, INC. 1500 PIPER JAFFRA Y PLAZA 444 CEDAR STREET SAII'IT PAUL MINNESOTA 55101-2140 .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE ITEM NQ Approve Grading Inspection Fees scot~ Eri~kson, ~<- Eng~neenng (J APPROVED FOR AGENDA AGENDA SECTION NQ Discussion Item ORIGINATING DEPARTMENT BY~ /3. The city Council is requested to approve the attached resolution establishing a grading inspection fee for the City. The City's Engineering Department currently inspects each new home for adequacy of site grading prior to issuance of a Certificate of Occupancy for that property. The City does not \ currently charge the builders any fee for this service. There ~ I are currently no incentives for the builders to have the site grading completed prior to requesting an inspection by the City, thus resulting in City staff making numerous visits to each site prior to final acceptance. It is recommended that the following fee structure be implemented for site grading inspections. 1. 1st Inspection No Charge 2. 2nd Inspection $35.00 3. 3rd Inspection $75.00 4. 4th and any subsequentInspections $100.00 each The fee structure should provide an incentive to the builders to have the site grading complete prior to requesting a grading inspection and will provide more efficient use of staff time in providing the inspections. '\ I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ESTABLISHING GRADING INSPECTION FEES TO BE COLLECTED BY THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: The Grading Inspection Fee schedule for 1995 shall be as follows: 1. 1st Inspection No charge 2. 2nd Inspection $35.00 3. 3rd Inspection $75.00 4 . 4th and any Subsequent Inspections $100.00 each The above fees apply to repairs and alternatives requiring inspections as well as all new installations. Adopted by the City Council of the City of Andover this 2nd day of May , 19 95. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor victoria Volk - City Clerk ; CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA SECnON NQ Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NQ scot~ Eri~kson,~( Eng~neer~ng dI BY: OJ Order plans & Specs/95-3/ Cracksealing Fl The city Council is requested to approve the resolution ordering the improvement of street cracksealing and directing the preparation of final plans and specifications for Project 95-3. The area proposed for cracksealing is identified on the attached map. Cracksealing is the necessary preparation of the streets , before seal coating can occur. '- , The funding for this project will be from the 1995 seal coat budget. '- II MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CRACKSEALING PROJECT NO. 95-3 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 95-3 BE IT FURTHER RESOLVED by the City Council of Andover to hereby designate the City Engineer for this improvement and he is directed to prepare specifications for such improvements. 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The city Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for project 95-3, cracksealing for City streets. Specifications are available in the Engineering Department for review. \ 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 APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-3, FOR CRACKSEALING WHEREAS, pursuant to Resolution No. Council on the 2nd day of May , has prepared final plans and specificatlons for crack sealing ; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2nd day of May , 19 95 -95, adopted by the City 19 95 , the City Engineer for project 95-3 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 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 Tuesday, May 30 , 19~ at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of May , 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 Victoria volk - City Clerk / .~ :'';Im'I:' F<:.. ~:~ [0. OOW1VTO"',,' 1- I'ISHOPPWG CEJ.'rER h' c.- ~. ., . '0;;1:1 1 J '!.,'{...."'- ~I ~... t . ~ ':";'~:f" l~ ' .. ~ , '-, , ~ . E '. ~ _ " f.: ~-4. .... ',.f' 7~il l'. ceNTCR' <.......1 ~-",:'.o,..,..;,,;.'';'" . ~:f. ;:~i: !'", .t:1:~; ~~:~~: ~:::&~ :-~i<s..0 ,.......r:. :""lS~:)r ........ .r:' ^' .. ')-.=-"' - .'. . \"..:.7:,.. a , . 'lol8f . ~~.:l)..., i:;:; "'''" ' j~':;:f~~ ~~:'r.:-~. ~~~- ~;-;-:::.::i~~~""" : r.:~j ~-1:,~. <~,./(, : ':;;~r.:,. ::-->: r.<'[. .~~..::::::-, . ~-d::i.V. L: :g!T1: :-,,:,,If..J f;- R =-:.. x, '. , 'v',' , , ,,",,,,.< ""',''''''1 ~ """""" '.'1~~~ '.. . . ,; " yV ., . ~~~!. :'~'~IIfII'~ I ~'.,..." 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",,-T ':. .r..,~1..~ L _ _ ~at_.,. .., .. ......-....~ ~ i , ::';b.~ ~~- n -... i~ ~~~ I ~ i r--.V" t';-= '1 ~jfi" .. ,=' '-::,~ W~ .~~ . ~ fr.~ ~:~! ~ ~.....:12l I ~ I i I ~ ._..~~.." bo, '" I' :;.-. ~---'=i - ".' y; ~ C:~~. I ~~~~~.-3.I. I F~r:=r?1 I ; h -. ~ .. /' I : ~- , ~ '.... ... " , '!! " . 1.\ . .- i ~ ti -1-' \I<> \~ h_______ ~,:::::>.:,:::~ .~~ :: __-- o. , . ---- ..' lJ'l" ......-..... ~~\ f-:.~\ [____000'''' " ~ i .. 1 n ~ R ~ C> :0.- 9 '-!. ~. ., , i f---l- I ! i i I i I \ \ ! I , I ill r-. I ' . KCN{(NGTO""I' .,,1 I ..:/" ~ ~~t\1..~t.:;:T~"/~:_:i~~~ .~ i '/' '';,S ~~~,.: . ~:~ : ~ ~~~-:\~~ -,' . . ->:~- ~ ~"'~..,...- -:';.~"7~"" . .." .... ~. C\'''~~7~':::''''''''':'.~ r...,.. u." ":I ~.....-. ~ ..... .. ""..i..I ~ ~"": -'~ ~ ~Vr'=":"""".. ' ~-8~~~' . .' "0~~0~''"/~Y' , ; -l< ~-.<<...;" '. .. ').. '~~r:, r~\O . - .~~. .y ~:::', r~I~1..o~ .:...' .. .'~ ~~~... k''}~. ' ~ ~ .'~,I'~' . ~~~ ai ~ . ':' ~ . I~! .~ C' , \;\"U It / ........ r-. \-: V _ __ ,'__ I ; . ~>> . I:r;, ,I- I " J ~-1~ ,}-,....--- , : ..... . i;!' l::ti. -~ - I ,_.....,_ ,~.. ~ I .~~.I:~m - - - - - Vi ; :;1~';~:~:t':~I~;'~~~;~1: Ii" .E"'''. "g- ":~~ .?:'€.;"".~ ~ r- ~.,- .. E!~~ 1'9\~ /, .... ~ :..,:::::~~~-~ : ~: l - - - - V-i' _.,.,....__..""~'::.";.:.-r.:..::;, ....__u____.._.. r' !.ooooOoo"\1 \ " ) ! I d I i :~ :\i-J ',.... I~ ii~ !~ 1'--- i , ----+---- r-j 1 I ~I"I.,......_- ..:~ .. I I I I I 1 I I I ---------~---------- I I I I ! - ~ . l ~- " " . - ........11 .. t- -. ~ -,~ ~',---,-.-----.. - ---. , I --. ~ '_4 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA SECTION f\O. Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM f\O. Sewe r Backup/Koe s Richard Fursman, City Administrator BY: V It. \. ) The Koes family suffered a regrettable sewer backup in their basement last summer. The City has received numerous requests from the Koes family for reimbursement of all costs associated with the cleanup of the home and damaged personal property. City staff and the League of Minnesota Cities Insurance Trust have had numerous contacts with the Koes family. The City has been found not to be negligent or in any way responsible for the mishap to the Koes home. The Koes have requested that all damages be paid for by the City in spite of our lack of liability in this case. At one time the Koes had requested that the City replace their home. City staff has been consistent in taking the advise of the insurance company. The Koes final recourse was to submit a request to the City Council for payment of the losses for which they have suffered. While sympathetic to the plight of the individuals involved, staffs position has been to be cautious as to the use of taxpayer money in this situation, however unfortunate, and to guard against setting a presidence. , '-- ) MOTION BY: SECOND BY: j March 30,1995 Frank &. Tara Koes 1896 134th Ave. NW Andover, MN 55304 City of Andover 1685 NW Crosstown Blvd. Andover, MN. 55304 Dear City Council Members, I wish to present you the following misfortune. Having the main city sewer backup into our new home. We built our home in May of 1994. The following is a brief description of what happened to us. Our family is composed of my spouse Tara (21), two children Jessica (3) &. Erica (2), and myself Frank (29). On September 28, 1994 our entire lower level was flooded with about 2 inches of raw sewage. The main sewer line in the street had risen to the street level due to an unconfirmed blockage. We were still not unpacked and had been living out of boxes that were stored on the basement floor, the items that we lost were vital. The first city workers that came out were shocked at what had happened, the city worker . pumping out the line commented "this should have never happened, someone should have been inspecting these lines." After the line was cleared everyone congregated at our backyard. Scott (city employee) who said he was in charge at the time, inspected our basement along with other city employees and neighbors. Scott said that the city would pay for the cleanup, and to make a record of items that were ruined, the city would compensate for their cash value. Scott then had me call a cleaning outfit (Metro Restoration). I made the arrangements and Scott authorized the work with them. The cleanup was extremely painful for us, to see our belongings destroyed and our beautiful new home violated. The Metro Restoration crew worked through the night and into the morning, forcing us out of the house. The smell in the house was so revolting we spent a week in hotels until a second outfit (Service Masters) who specialized in deodorizing resolved the bad smell. I talked to many people from the city that day and following days, the responses were that the city was going to take some responsibility and help us out. The city's insurance agent came out and inspected. and came to the conclusion that the city's insurance would not cover any damage. As it turned out we had $9,398 worth of damage, my home owners covered a max. limit of $5,000 that means we suffer a loss of $4898. This is extremely difficult for us to absorb financially, we are a young family. Our only recourse is with the City of Andover, we ask that you review the itemization below, and place yourselves in our shoes. We could sure use some financial assistance. we hope there is a fund available. Please be aware that the rapid growth and building in our community leaves residents vulnerable to these events. Sincerely, The Koes Family " Brief itemization: -Hotel, food, &. related expenses: = 787.96 -Clean up expenses: '" 2111.44 -Personal Contents: = 6499.00 Total '" 9398.40 '. J League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 April 19, 1995 Mr. Brian Kraabel Utility Department Supervisor City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 RECEIVED ~~ 'APR 2 0 1995 CITY vr r",~,,_ ,c::R RE: BRS File No.: Trust Member: Oaimants: Date of Loss: 11007018 City of Andover Frank and Tara Koes 9/16/94 Dear Mr. Kraabel: , ) Thank you for your letter of April 10, 1995 regarding the above captioned claim which I had denied in October 1994. I see that the Koes would like the City to pay for damages they claim go beyond their own homeowner's insurance limit of $5,000. In response, I would first refer you to the attached letter of denial of liability sent to the Koes on October 24, 1994 by my supervisor, LMCIT Oaims Manager Doug Gronli. This letter explains why LMCIT, on behalf of the City, would not be paying for this claim. Essentially, we did not find that the City was liable for this backup. The City had provided reasonable inspection and maintenance of the main sewer line, and there was nothing wrong with the line itself. Foreign matter was placed into the system, either accidentally or intentionally, by some third party over whom the City would not have had any control with respect to that third party act. In addition, although I will not go into a lengthy discussion regarding damages, I do believe that the Koes have not proven that they incurred the level of damages they cite in their March 30, 1995 letter. In review of my investigation file, I see that some of their damages are the result of their own failure to mitigate. I do not believe that the City Council has the obligation to review the Koes' claim or the time and resources to determine the actual and reasonable damages the Koes sustained in this backup. I don't know if the City has a policy regarding situations such as this where the LMCIT has denied a claim, but I do know that LMCIT believes that payment of claims where there is no liability on the part of the city amounts to a gift of public funds. , / AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 612)490-5600 1,800,925,1122 TDD(612) 490,9038 Fax 1612) 490,0072 -' Mr. Brian Kraabel April 19, 1995 Page 2 of 3 The Koes allege that they have no recourse in this matter but to seek reimbursement directly from the City. However, since this is a liability issue, their proper recourse is actually through the court system and not the local legislative system. They are free to file a claim in conciliation court which requires payment of a small filing fee. If they were to choose to do so, LMCIT would prepare and present your City's defense with your City witnesses at court to testify. If the conciliation court judge's decision was unfavorable for the City, we would have the option of appealing the decision in district court. I would suggest that the Councilor Administration simply refer the Koes to this alternative rather than allowing the claim to be submitted for Council action. As you know, LMCIT handles a great number of sewer backup claims, and in most cases, cities are not at fault. However, we review the merits of each claim on an individual basis, and if the facts warrant, we will offer settlement. Two claims supervisors have reviewed my investigation and denial of this claim, and we all believe that the City has a strong defense in maintaining denial. ) As part of our customary review of a sewer backup claim, we look at well established case law which refers to four basic questions to either demonstrate or reject liability. A city would be liable if all the four questions can be answered with a "yes". First, is there a defect in the city sewer line? In this case, no, the backup was caused by a temporary blockage that was not related to the condition of the line itself. Second, did the city have notice of the defective condition? Even if we were to consider the blockage itself a "defective condition", the city did not have notice of it until notified by those residents experiencing the backup. Prior to that, the city had conducted reasonable inspection of the line which was televised and approved in November 1993 just after being newly constructed. The city could not have reasonably expected the type and amount of foreign matter, i.e. possibly insulation or cardboard, to have been placed into the sewer line. Furthermore, maintenance of a PVC sewer on a one to five year basis, depending on any history of problems, is reasonable. In this case, it had not even been a year from the line's construction and inspection when the problem arose. Third, did the city fail to respond to its notice of a defective condition? No, the city was out at the location and working to resolve the problem within an hour of notification. Last, did the damages result from the city's failure to respond? No, damages resulted from the blockage; damages occurred before the city was notified of the problem. The city's prompt response helped to minimize the damages. Mr. Brian Kraabel Page 3 of 3 April 19, 1995 Your City's insurance coverage through the LMCIT which would apply to this claim is Covenant No. CMC 14160. There is a $600,000 per occurrence liability limit and a $500 per occurrence deductible which would apply to indemnity and defense costs. I hope this adequately responds to your concerns, but if you have any questions, please contact me at 490-5600. Thank you. Sincerely, Heather Leslie Claims Adjuster c: Mr. Dick Fursman City Administrator Mr. Frank Stone Public Works Superintendent City of Andover / Ms. Jo Hook Berkley Risk SeIVices , J .--, /" ....... } League of Minnesota Cities 3490 Lexington Avenue North St. Paul, MN 55126-8044 October 24, 1994 Mr. Frank Koes 1896 - 134th Avenue NW Andover, MN 55304 RE: BRS File No.: Trust Member: Date of Occurrence: 11007018 City of Andover 9/16/94 Dear Mr. Koes: Thank you for your phone call of October 18, 1994. I am the supervisor of Heather Leslie, the adjuster assigned to this file. It is my understanding that you are not comfortable with a decision of a denial of liability. You asked me to review this file and I have done so. / It is my understanding that you live in a new development and that the city sewer line was installed and completed in November of 1993. It is your belief that the city should take a more cautious approach to inspection, that they did not inspect frequently enough. Further, that inadequate measures have been taken to ensure that inspection was reasonable. You also are concerned with respect to the future in that there may be other sources existing which may cause other back-ups. You also stated that a city worker informed you, while he was cleaning the line after the back-up, that he did not understand how this occurrence could happen, and that it should not ever happen. The Minnesota Courts have consistently held that a city is not a general insurer of its citizens' well being. The courts have also consistently held that in order for the city to be responsible for a sewer back-up, it must have known that there was a "defect" in the sewer line, that it failed to properly remedy that "defect" in a timely manner and that the back-up resulted from that failure to rectify the defective condition of the sewer line. We have been unable to identify any defective condition of the sewer line which may have caused the unfortunate back-up to your home. The system was televised in November of 1993 before it was placed into service. There was nothing wrong with the system then nor do we believe anything is wrong with it today. Unfortunately, the city cannot control what others may place into the sewer system. When the obstruction from the line was removed by the city workers, they found debris in the line that appeared to be either of a cardboard type nature or some type of a insulation material. It is the city workers' belief that this debris which somehow got caught in the line and caused the back-up was not placed there by the city but rather by some unknown party either unintentionally or , J AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490-5600 1-800,925.1122 plus your city code TDD(612)490,9038 Fa.~(612)490,0072 / BRS File No.: Trust Member: page 2 11007018 City of Andover intentionally. The city has no way, limited manpower and resources, to stand guard over the system to assure that somehow something inappropriate is not placed into the system. The file and the information provided by both yourself and the city simply does not support your contention that there were inadequate measures taken to assure that the inspections were reasonable. Our belief is that the city's inspections were reasonable, were based upon sound municipal workers' experiences and that they were done frequently enough. I also believe that the city did take a cautious approach to its inspections. Certainly, before placing the line into duty, the requiring of a televising of this line, is a cautious approach to inspection. While I can appreciate and understand your concerns with respect to the possibility-of a future back- up, the city cannot assure that there will never be another back-up. I am certain that the City of Andover will provide reasonable inspections of the lines and provide reasonable maintenance of it, however that does not necessarily mean that they have to be there on a daily, weekly, or monthly or perhaps even a yearly basis conducting such inspections. I can also understand the city worker who was clellning the line making a statement such as "I don't understand this, it should never happen". That's not an unreasonable statement and it certainly does not impose nor does it imply liability on the city for this back-up. Please understand that in order for the city to be responsible for the damages that you sustained, it must have done something to have caused those damages. Simply because a city has a sewer system, that alone does not make the city liable or responsible for any damages which may result from problems with that systems operation. The city simply cannot control every possible event that may take place. Their obligation is to provide a reasonably sound safe system, to provide reasonable inspection and maintenance, I believe your City of Andover has done that. Therefore, please accept this correspondence as our explanation to you for why we believe that Andover is not responsible for your unfortunate damages at your home in September of 1994. While we appreciate, as does the City of Andover, the extreme discomfort this has caused, we do not believe it was caused by any activity of the City of Andover. It is fortunate that you do have sewer back-up coverage with your homeowners insurance carrier. It is my belief that that is precisely why that coverage is offered, homeowners insurance companies recognize that these types of incidents do take place without fault on anyone's part and they are providing that type of coverage to you recognizing that back-ups can occur irregardless of fault. '\ . ,) Good luck to you and your family regarding your home and the problems that you face as a result of this sewer back-up. I am sorry that we will not be able to assist you any further. /' BRS File No.: Trust Member: page 3 11007018 City of Andover Thank you for your inquire and while I understand that this may not completely satisfy you, it is the best explanation I am able to provide. Respectfully, Doug Gronli Claims Manager Heather Leslie Claims Adjuster HL:acho18ANDO.2L c: Dick Fursman City Administrator City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304-2612 Associated Insurance Agency 2800 Freeway Boulevard Brooklyn Center, MN 55430 \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA f'.O SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item Richard Fursman, city Administrator ITEM f'.O Sale of Property to ISD 11 BY: . ':QuL /7. Last week the Council received packet material regarding the sale of property to Independent School District 11. The City Council will be asked to take action on this item which was previously negotiated between the City and the School District. \ I If there are any questions or additional research requested, please contact City staff Monday or Tuesday morning so information can be gathered in time for the meeting. I would also like to know if it is going to be necessary for a school district official to attend the meeting. If I do not hear from anyone, I will tell them that it probably will not be necessary but that they are welcome to attend. \ ) MOTION BY: SECOND BY: Regular Andover City Council Meeting I Minutes - June 7, 1994 Page 6 (Approve Preliminary Plat/Sharon's 2nd Addition, Continued) provide a paved access to the development. Mr. Davidson problem is that Bluebird is also a dirt road. , all three developments would be done at the same ti 0 specific decision was reached on this issue. MOTION by preliminar at Counc' oted. , econded by Perry, that the Council accept the of Sharon's 2nd Addition with the concerns that the (See Resolution R108-94) Motion carried unanimously. ~CfmnT. nTC:'T'DTr'T' REQUEST FOR PURCHASE OF CITY PROPERTY Mr. Fursman noted the request of Independent School District III to begin negotiations to purchase the 18 acres of land owned by the City which is immediately north of Andover Elementary. No dollar amount has been mentioned, though the land value for the land for the middle school was $10,000 per acre. He asked for direction from the Council. Councilmember Knight was concerned with the way the school district is, in effect, dictating the direction and area that growth will take place in Andover. It poses tremendous costs to the City for sewer and water extension; then the City must react and plan around that extension. He'd prefer the school district and City look at sites together to jointly explore the various options. This process also sets up a very lucrative situation for people who invested in or speculated on land based on the proposals of the school district. Mayor McKelvey has been told that the school district has not completed the purchase of all 49 acres north of the City Hall needed for the middle school. That area would not be large enough for two schools. The proposal is to build 24 classrooms next to Andover Elementary, sharing the same heating facilities, same principal, etc. Councilmember Jacobson had the same concerns as Councilmember Knight, especially with the high cost of running the utilities up to the proposed middle school site. If the school district is serious, he felt they are going to have to participate to a large degree in the cost of getting the utilities up there because the City does not have the money to do so. Secondly, the Comprehensive Plan indicates the area south of City Hall as a potential site for a new City Hall and other facilities. If that is not done there, where would a new City Hall be put? He's willing to discuss these issues with the school district. I Mayor McKelvey stated in talking with school district officials earlier, they indicated a willingness to contribute one-half of the cost to bring sewer to the middle school; but that was denied before this Council. He does not know where they stand on that issue now. He felt the district did look at other sites and found the two proposed sites in Andover to be the best. Mr. Carlberg stated the Metropolitan Council Staff has said there is no guarantee that any MUSA expansion will be granted for residential development which would be needed to offset the City's costs in extending that sewer line. Regular Andover City Council Meeting / Minutes - June 7, 1994 Page 7 (School District Request for Purchase of City Property, Continued) Other Council comments were to have a determination of the costs of extending the sewer line to serve the proposed middle school property, to negotiate terms for that sewer extension, and to discuss the other concerns of the Council with the school district. MOTION by Jacobson, Seconded by Dalien, to authorize the Staff to sit down and discuss with the School Staff and relay our concerns to them and get a dialog going, and for Staff to report back to us of what they find out. Motion carried unanimously. AMEND ORDINANCE 55 AND RESOLUTION 092-92 uncilmember Jacobson questioned the enforceability of Item B in the res ution. Frank Stone, Public Works Superintendent, stated they do look dripping faucets when making their inspections in houses. Councilmembe Jacobson questioned Item D, deliberately allowing irrigation or inkling water to run into the street or drains. Mr. Stone stated the sidents should be able to control the water run off so it is not wasted. Council agreed to the foll change in Item H: "The Water Department shall shut off water at the eet following the third violation until such time as the property owner rees to comply with the restrictions. (Last sentence to remain the same. Item I: A suggested change was, "Addit' nal curtailment of water usage in dry weather will be by order of t City Administrator. When restricted, no person..." There was some co cern with this item, as all other items related to restrictions, an this item relates to prohibitions. Staff was asked to review the Ite and make the necessary changes and clarifications. MOTION by Perry, Seconded by Jacobson, to adopt the solution with the changes (including Staff review of Item I). (See Re lution R109-94) Motion carried unanimously. MOTION by Knight, Seconded by Jacobson, the Ordinance amen ng Ordinance No. 55 as presented (with the changes noted above) Mo ion carried unanimously. CITY HALL PARK COMPLEX #2 IRRIGATION AND WATER RESOURCE DI CUSS ION/ IP93-7 J Mr. Davidson explained the City is required to establish a compre ensive review of their water system by 1995, including pumping rates, total amount of water used over an annual period, number of wells, s orage available, etc. Even with Well #4 on the system, the pumping rates can't keep up with the demand on the system. with the appropriation for r Regular Andover City Council Meeting I Minutes - August 16, 1994 Page 8 SCHOOL DISTRIC~~RCH~ CITY PROPERTY Mr. Fursman reported the school district has offered to purchase the property across from the City Hall for $10,000 per acre contingent upon School Board approval. He requested direction from the Council. Mayor McKelvey stated most of the property around the City Hall has been selling for $10,000 an acre -- some more; some less. He asked if the calculations for the right of way for Crosstown Boulevard must be done before it is sold. Mr. Fursman stated the City would have to dedicate the land for the right of way; the school district would not pay for future right of way. He didn't know if the county knew the exact future right of way through there. Mayor McKelvey thought they had the plans, as the understanding was the City would trade the right of way along Crosstown for the three lots to the west to be included in the park land. Discussion was on whether or not a new appraisal is needed on the property. Mr. Haas stated an appraisal is being done for Fox Woods for park dedication. After a brief discussion, the Council preferred to have a new appraisal done specifically on the parcel in question. ) Discussion was on the issue of a location for a new City Hall. Mayor McKelvey preferred it remain on the existing site. Mr. Fursman stated the Committee has not met about this issue yet. until an evaluation of needs is done, the square footage of a new building cannot be determined. Staff is assuming that the building site will be on the present grounds and that there will be enough room for it. Councilmember Jacobson noted when the Comp Plan was done, various public uses were considered for the property in question, but a school was not discussed. Mayor McKelvey reviewed the district's proposal to build 24 additional classrooms that will share the existing heating and cooling facility and share a lunchroom. The two buildings will be connected, with K- grade 2 in the new building and grades 3-5 in the existing building. MOTION by Jacobson, Seconded by Dalien, that we authorize both the Mayor and City Administrator to respond to the school district the City's intent to proceed with the sale of approximately 17 to 18 acres of property, but that the City would require that a valuation be done by a land appraiser; that the City would proceed to do this, and when the results of that appraisal come back, we would discuss the sale price with the School Board. Motion carried unanimously. WATER STUDY QUOTES I Mr. Fu ted the Staff was asked to see if anything could be done about the costs of t e stud. progressive Consulting Engineers, Inc., presented a quote to City Hal w l onsiderably less than the TKDA proposal, though it did not include the we d protection program. Even with the cost of that program added, ressive Consulting Engineers has the lowest bid. He felt the study sh ld go ahead since it is required and the CDBG funds are available. Regular Andover City Council Meeting Minutes - October 4, 1994 / Page 17 TIF MAP RECONFIGURATION MOTION by Knight, Seconded by Jacobson, to table the TIF item until the next meeting. Motion carried unanimously. JiII!l}!F CITY PROPERTY TO ISD III Mr. Fursman reported the appraisal for the land across the street from City Hall carne to $10,700 an acre. The school district has offered $10,000 an acre for the property but has verbally stated they would agree to the appraised amount. The Council agreed the land should be sold for the appraised value and directed the Staff to negotiate the sale for the appraised value per acre. NATIONAL PARENTING ASSOCIATION RESOLUTION MOTION by Jacobson, Seconded by Perry, not to sign this Resol ion of suppor imply because we don't know who they are or what t ey stand for. Motl carried unanimously. in the MOTION by Perry, Sec~c.ed by Knight, approval 0 amount of $59,148.96. Motion ca~ried unanimousl . " ) Length of Meetings - The d' cusse everal options in an attempt to shorten the length of the mee ngs. Some suggestions were to quit at 10:30 unless there is an nt to proceed; to shorten the discussion on some items; to limit the ount of time for ublic input; to follow Roberts Rules of Order a make a motion on n item before it is discussed; to hear public input, then close the pu lic hearings before the Council discusses e item; have individuals egister prior to discussing an item if hey wish to speak to that iss first when people ar present for them; or have Staff dicate a time limit next to each genda item as a guide for Council discu sion. Mayor McKelvey indicat he would take these under advisement in a attempt to reduce the len h of the meetings. ent Official position - Mayor McKelvey stated he is tting t calls a day complaining about the actions of the Code Enforcerr. t Officer. A number of calls were about the Official sitting on the oad with binoculars looking for violations, which he thought was over zealous. Mr. Fursman explained the binoculars are only used to suggested the City initiate ing the possibility of pricing MAYOR/COUNCIL INPUT Police Department - Cou~cilmernbe contact with the City of Ham Lake out a joint police department. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA SECnON t-.O Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-.O salvage Yard purchase Richard Fursman, City Administrator BY()h / (. I met with representatives from Mom's Auto salvage and Rick Heidelberger to discuss the possibilities of purchasing their properties. Bill Hawkins and Jack McKelvey were also present. The discussion began with an agreement in principal to the terms for the purchase of Rick Heidelberger's property. The amount sought for Mom's Auto salvage was two times the appraised amount. , After considering the information presented by Marion I Heidelberger's attorney, an offer of $380,000 was made for Mom's Auto salvage. This amount was down from $200,000 from the amount requested. The meeting broke up with no resolution. At this point I am not optimistic that a reasonable counter offer will be brought forward. , ) MOTION BY: SECOND BY: (.J <J ~) MOM'S AUTO SALVAGE 2052 Buinker Lake Blvd N. Andover, Minnesota Equilment Inventory 1975 C60 Chevrolet Machinery Truck - 27' bed Housh H65C loader 1981 Chevrolet Tow Truck 350engine 4 speed 1979 Chevrolet Tow Truck 350 engine auto 1973 Chevrolet C60 flat bed with hoist 1977 Chevrolet half ton 350 4X4 plow truck 1981 Chevrolet one ton dump truck with plow 1971 Chevrolet C40 boom truck with air compo 1971 Chevrolet boom truck 1974 Chevrolet C50 4X4 wrecker -1959 Mack semi trailer tractor and tandem Clark fork lift dual wheels (yellow -'--------Car Crusher (home made, partially completed) Wheel crusher Kawasaki 8hp gas compressor Lincoln arc welder, propane Freon recovery unit anti freeze recovery unit Total $6,500 4,000 2,500 2,500 2,500 3,500 1,500. 800 1,000 3,000 3,000 600 3,000 750 300 700 1,200 750 $38,100 G9 I jD ~ 355 . 1. '). I ---y 3l ~ ~~! '1 '?. ! ) r r ~f tJ-AJ- !3.J",.,..c.l.I 31<1 'Z-g~ ~ ~ () 00 / - d, ./,' O. .... re /u~~/ 1,~" a .... 15) [0 ? ' 7g? 1~ rJ 5~>OD~ /27; If cO (~) ",' c~ 0 C? /i ":; /~ " /~, /r~ oft 51 /-' /!/~ ?g'-f'7 h 7 .___- - -----' 3g3' :=; ~) 1-2; () C') '~J ,--. ( ) '-' ,~, v MOM'S AUTO SALVAGE 2052 Bunker Lake Blvd N. Andover, Minnesota Mom's Auto Salvage: Formula Valuation USIng Net Operations Profit Average profi t Multiplier Value of Intangible Assets $23,000.00 X5 $ll5,000.00 Land 6.1 acres Equipment Inventory l72,9l5.00 38,100.00 24.500.00 $350,515.00 Totals Rationale: Multiplier formula: Handbook Valuation Valuation of Small Business Formulas by G.M. Desmond Press, 1988 Land: $28,314.00 Per Jon Tessier Inventory: Per Rick Hiede1berger and U.S. Bankruptcy schedules for Mom's Auto Salvage Equipment: Per Rick Hiedelberger and U.S. Bankruptcy schedules. Profit: $17,000.00 annually to Rick and two grandchildren 6,000.00 annually to Marion Hiedelberger. ~ c; 7 tJ GiJ L-~.l) /,N rlflI /lJ~ I 1 f6...(o~ :FJ t /5, rJP1) \~ ;;<;;n / 500 ( B ::( I 000 --- t..--A:-N {:; rz5r <>oD ~ ~{'r' ~5 ( 000 MOM'S AUTO SALVAGE 2052 Bunker Lake Blvd N. Andover, Minnesota Homestead of Marion Hiedelberger --- House: Garage Garage 2 3 acres 1806 Sq Ft 3 plus cars Block garage $28,314.00 per acre "1 t./ 6'11- $90,000.00> 94 51 17,000.00 C 1O,000.0~ ' 84.942.~..;7.;j,500 , " $224,442.00 rd~O'Yl ~ fs _ ;l')..,5ol!). 0-0 ~ 0 I 9 'fZ-,<9$> I Rationale: '-, : ) '--- 1. House: Erickson is wrong about the outer shell of the house which is a combination of steel siding and brick. The property is actually sided on the west and south sides entirely in brick. We estimate the difference in siding makes the property come close to a value of $50.00 per sq ft. New construction would cost much more. 7tJTtk- rjf 5"~1 (}CJD 2. Garage 1: This is the garage located slightly to the north but mostly west of the property. This is a cement block garage which has a two car entrance and a singe car entrance. The garage is earth bermed on the north side. Between the two entrances there is a half to a full car space. Erickson values this property at $17,000.00 the same as our value. 3. Garage 2: This garage lies to the south of the house. It is actually two, two car garages constructed end to end. Both the north and south sides have entries. The south entry is a two car garage entry however the depth is significantly deeper than a normal two car garage. The building has a concrete floor. Construction is concrete block walls. We estimate the replacement value to be $10,000.00 4. Land: Mr. John Tessier a licensed appraiser used by this attorney estimates the land value to be $28,314.00 per acre based upon a comparison of similar real estate sales. :' ~-) 5 -19 (i\D. ----\t) ~ V 1i1~ 4 /.:<1; 000 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA SECnON t-.O Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-.O Supplemental Feasibility Report/ 94-18 Richard Fursman, city Administrator BY: . ~ /9. The city Council is requested to consider the differences between the first feasibility report and the supplemental feasibility report done in connection with the construction of the water and sewer mains for the middle school. The initial feasibility report indicted that both schools would be charged the commercial rate. It was then learned that previous schools and churches had always been charged one half of the commercial rate when assessed for water and sewer hookup charges. '- ) The City does not have a written policy which indicates what a church or school should be charged. with the practice of charging one half the commercial rate for schools and the conflict with the policy which does not specify that practice, staff is requesting that the Council make an interpretation and give direction. The unique characteristics of this particular issue is the construction of Andover's first junior high. The water and sewer requirements for the junior high are different than those of a church or a grade school. If you would like more information prior to the meeting, please call and we will provide the information if possible. " , / MOTION BY: SECOND BY: Regular City Counci I Meeting May 19, 1987 - Minutes Page 13 " <Anoka/Andover Storm Water Agreement. Continued) Mr. Schrantz was not as concerned about Item 3 as he with the timing of the connection fee. He understood Andov a year to pay for it after it was hooked up. Counci Iman Lac' ski was concerned about the Hold Harmless clause. Counci 1 ag d to approve the agreement subject to the Mayor and Mr. rantz negotiating those items with the City of Anoka. MOTION by EI I ing. Seconded by .night. authorizing the Mayor and City Administrator to sign the reement with the City of Ancka on the Joint Powers Agreement r Dehn's Pond area after resolving the items of the $100.000 lump urn payment, additional areas beyond the boundary, and oth issues. Motion carried unanimously. , HWY 242 , / MOTIO by El I ing, Seconded by Knight, that we authorize the City Cle ~ and Mayor to enter into the agreement with Anoka County on the unty State Aid Highway 18 from 139th to 242 Project. Motion carried unanimously. LAND SALE/SCHOOL Mayor Windschitl reviewed the discussions with school board representatives regarding the acquisition of the city-owned land and the development of that site. Counci 1 discussion with Mr. Schrantz was 00 establ ishiog the water connection charge, noting the calculations he made for those charges. The negotiable items are the cost of the land and whether residential or co~~ercia] rates are charged for water. After some discussion. it was residential rate for water an of the athletic facI I Ities. "- agreed to negotiate usi o aln an agreement on the development I MOTION by Orttel, Seconded by Lachinski. that the Counci I authorize the sale of property:to the School District II for a school site on the fol lowing basis: 20 acres of land at $2.500 per acre, $50,000; and that property be assessed as fol lows: for sanitary sewer, total cost of approximately $38.670: storm drainage to be determined: city water. total cost of $78.200: and the $1,800 in assessments for Hanson oouievara. The aoove is on the basis that the promised athletic faci lities would be provided. DISCUSSION: Counei !man ~achinski then suygg~sted negotiating ~irst, questioning whether thls is being tre~ted the same as the Crooked Lake School. He felt additional research should be done 01; the ramifications of the financing of the utilities. Motion carried on a 4-Yes. 1-No (LaehinsKi) vote. / RATE CALCULATIONS School No. 1 - Oak View Middle School Sanitary Sewer: Trunk Area Charge 44,743 Ac x $1 ,035/Ac '" Connection Charge 92 SAC Unit x $285/Unit '" Lateral Sewer Charge 1,313.92 L.F. x $221LF '" $46,309.01 $26,220.00 $28.906.24 Total Sanitary Sewer Charge $101 ,435.25 .. Watermain: Trunk Area Charge 44,743 Ac x $1,100/AC '" $49,217.30 Connection Charge 44,743 AC x $2,975/AC '" $133,110.43 lateral Water Service Charge 1 ,313.92 L.F. x $221LF '" $28.906.24 Total Watermain Charge $211,233.97 / Total Estimated Assessment $312,669.22 Original Feasibility Report $407,522.00 .. Does not include Metropolitan Council SAC Charges. / -3- 10725 ,J RATE CALCULATIONS - , School No.2 - Andover Elementary School Sanitary Sewer: Trunk Area Charge 14.479 AC x 1,035/ Ac := 36 Connection Charge SAC Units x $285/Unit := Lateral Sewer Service Charge 520.3 L.F. x $221LF := Total Sanitary Sewer Charge Watermain: Trunk Area Charge 14.479 Ac x $1,100/Ac:= Connection Charge 14.479 AC x $2,975/Ac:= Lateral Water Service Charge 520.31 L.F. x $221LF:= \ J Total Watermain Charge Total Estimated Assessment:: Original Feasibility Report * Does not include Metropolitan Council SAC charges. -4- $14,985.77 10,260.00 11.446.82 $36,692.59 * $15,926.90 $43,075.03 $26.432.59 $85,434.52 $122,127.11 $149,904.00 10725 I I I I I I I I I I I I I I I I I I I Trunk Watermain Connection Charge (The larger of $5,725/Acre or $572.50/Unit) 1. School Site 49 Acres x $5,725/ Acre = $280,525.00 2. School Site 18 Acres x $5,725/Acre = 103,050.00 3. City Hall Site 40 Acres x $5,725/Acre = 229,000.00 4. Athletic Complex 40 Acres x $5,725/Acre = 229.000.00 $841,575.00 I I ) -4- 10725 , I Rate Calculations Trunk Sanitary Sewer Area Charge: 1. School Site 49 Acres x 2. School Site 18 Acres x 3. City Hall Site 40 Acres x 4. Athletic Complex 40 Acres x $995/ Acre $995/Acre $48,755.00 $995/Acre $17,910.00 $995/Acre $39,800.00 $995/Acre $39.800.00 $146,265.00 Trunk Sanitary Sewer Connection Charge: $275/Unit 1. School Site (49 Ac.) Secondary (1050 - 1350) (1 SAC per 14 Students) = 96 SAC x 275 = $26,400.00 2. School Site (18 Ac.) Elementary (650) (1 SAC per 18 Students) = 36 SAC x 275 = $9,900.00 \ I 3. City Hall (8.16 SAC) 8.16 SAC x 275 = $2,244.00 4. Athletic Complex 1 SAC x 275 = $275.00 $38,819.00 Trunk Watermain Area Charge 1. School Site 49 Acres x $1,058 = 2. School Site 18 Acres x $1,058 = 3. City Hall Site 40 Acres x $1,058 = 4. Athletic Complex 40 Acres x $1,058 = $1,058/Acre $51,842.00 19,044.00 42,320.00 42.320.00 $155,526.00 , -3- 10725 I I I I I I I I I I I I I I I I I I '\ ,/ , i COMPLETION Completion date for the project is August 31, 1995. EsnMATED PROJECT COST Attached to this report is a detailed estimate of construction costs for the improvements. The costs quoted herein are estimates only, based on current construction prices, and not guaranteed. Final contracts will be awarded on a unit price basis. The contractor will be paid only for work completed. The costs are estimated based on current construction costs. No costs are included for easement of property acquisition. The estimated trunk costs for City Project 94-18 are as follows: Trunk Sanitary Sewer Trunk Watermain Estimated Construction Cost $371,490 63.550 $435,040 Engineering Legal Fiscal Administration $108,760 4,350 4,350 13.050 $565,550 EsnMATED ASSESSABLE COST The assessments are proposed to be based on trunk sanitary sewer and watermain connection and area charges. The 1994 rates established by the City of Andover are: Trunk Sanitary Sewer Connection Charge Trunk Watermain Connection Charge Trunk Sanitary Sewer Area Charge Trunk Watermain Area Charge $275/Unit $5,725/ Acre $995/ Acre $1,058/Acre -2- 10725 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 AGENDA SECnON ORIGINATING DEPARTMENT t-.O 1"\;",,.,,,,,,,,;,," T+-om'" Planning ~ ITEM f\O. Lund's Towing David L. Carlberg Planning Director dO. REQUEST APPROVED FOR AGENDA ~t?- ) Robert Lund has requested to be placed on tonight's City Council agenda to address the Council regarding Lund's Towing, an impounding business located at 1714 Bunker Lake Boulevard NW. The Council should be aware that the City has been in a lengthy litigation with Lund's Towing and has recently received a judgement from the Anoka County District Court. Said judgement orders the defendant (Robert Lund) to permanently enjoin from conducting a towing and impounding business on subject property. Since this case has a history which has progressed over two and a half years, Staff has prepared the following background to appraise the Council. BACKGROUND November, 1992. staff informed Lund's Towing is operating at Eddy'S Auto Body (1786 Bunker Lake Boulevard NW). Staff contacts Lund's Towing informing them impound lots are not allowed as a permitted or a special use in the I, Industrial District. December 1, 1992. Lund appears before Council at residents forum requesting license to continue business at said location. Council sends item to Planning and zoning Commission for review and recommendation to Council. December 8, 1992 & January 26, 1993. Planning and zoning Commission rev~ews regulations regarding impound lots. Recommends to Council an amendment to Ordlnance No.8, Section 7.03, special Uses which would allow impound lots by special use in the Industrial District. / February 16, 1993. City Council reviews P & z recommendation. Council d~rects staff to prepare a resolution stating findings of fact to deny impound lots. March 2, 1993. Council approves resolution denying impounding businesses on a 4-yes, 1-no vote. Mr. Lund given 120 days (until July 2, 1993) to relocate business. I MOTION BY: SECOND BY: ) J Page Two Lund's Towing Discussion City Council Meeting May 2, 1995 June 30, 1993. Lund's attorney requests 90 day extension. Staff honors the extension request to allow Lund's the necessary time to relocate. Relocation deadline is now October 2, 1993. AUaust/september, 1993. Mr. Lund moves operation from Eddy's Auto bo Y to 1714 Bunker Lake Boulevard NW. October/November, 1993. Staff commences legal action against Mr. Lund and property owner. Legal actions proceed from October, 1993 to date. A~ril 25, 1995. Staff receives decision from Anoka County D1strict Court (attached). Mr. Lund also requests to be placed on Council agenda. Again, Staff would like to remind the Council that this case has proceeded over two and a half years and cost the City taxpayers thousands of dollars to defend the zoning Ordinance and the decision of the Council on March 2, 1993. " / '~7~;r ~D':1 ~ 1:1. ' 'I.:IJ ,.. 1 'l.;.Jo .. "~ ~.... "':'."ft"l': ~ ,. , . .,. <, ';.\.:1-~ ~ !:1 :: ,.:.j .._~ ~'- . .s.. .A. _II':<, .~, ~-........ ,..~ COUNTY OF ANOKA APR 1 9 \995 IN DISTRICT COURT CIVIL DIVISION TENTH JUDICIAL DISTRICT STATE OF MINNESOTA , , l;:l:"~ f :}~~:'!'~".'J " City of Andover, COUt:":' ."'U'''1~,'~'~'.~:.J\ feR ^,';QlI.A l.;v(j~'-IY M~l Plaintiff, ct\/ERLY ::;rH~ rJc.FuTV FINDINGS OF FACTj CONCLUSIONS OF LAWj ORDER FOR JUDGMENTj AND JUDGMENT v. Steve Paul Bendtsen, Robert D. Bendtsen, and Robert Lund, Defendants. File No. C7-93-13923 A court trial was conducted before captioned matter on March 22, 1995, in Anoka, Minnesota. the undersigned in the above- at the Anoka County Courthouse The above-named Plaintiff City of Andover was represented by Barry A. Sullivan, Esq. The above-named Defendants Steve Paul Bendtsen, Robert D. Bendtsen, and Robert Lund were represented by Joan M. Quade, Esq. Based upon all files, records, and proceedings herein, the court makes the following: FINDINGS OF FACT I. Background. 1. That a "FACTUAL BACKGROUND AND PROCEDURAL HISTORY" of an ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT filed herein on November 09, 1994, is incorporated herein by reference theretoj II. Rational Basis Issue. 2. That in light of the parties' evidence and argUments, Defendants have not proved that a zoning ordinance banning a motor vehicle towing-and-impound business of Defendant Lund is unsupported by any rational basis related to promoting public health, safety, morals, or general welfare, or that the ordinance amounts to a taking without compensationj 3. That contrary to Defendants' assertions, rationally related to promoting public health, general welfarej 4. That reasons stated by Plaintiff's City Council in its denial of an amendment proposed by Defendant Lund were the Council's true reasons for the denialj the ordinance is safety, morals, or " / 1 III. Substantive Due Process Issue. / 5. That the ordinance reasonably tends to accomplish a purpose of its enactment without unreasonably or arbitrarily exceeding needs; and 6. That further, the ordinance does not exceed Plaintiff's needs because the ordinance is related to reasonable health, safety, and welfare concerns. Based upon the foregoing FINDINGS OF FACT, the court makes the following: CONCLUSIONS OF LAW 1. That in light of State. Neiqhborhoods v. City of Rochester, Honn v. City of Coon Raoids, 313 ordinance must be upheld; bv Rochester Association 268 N.W.2d 885 (Minn. 1978) N.W.2d 409 (Minn. 1981), of and the 2. That accordingly, Plaintiff's prayer for relief contained within its Comolaint filed herein on December 13, 1993, must be granted; and \ / 3. That further, Defendant's prayer for relief contained within their Answer And Counterclaim Of Defendants Steve Bendtsen, Robert D. Bendtsen And Robert Lund filed herein on March 16, 1995, must be denied. Based upon the foregoing FINDINGS OF FACT and CONCLUSIONS OF LAW, the court makes the following: ORDER FOR JUDGMENT 1. That Plaintiff's prayer for declaratory judgment is hereby GRANTED, to-wit: Declaratory judgment shall be entered forthwith, declaring that Defendants' use of their subject property for conducting a commercial towing and impound business is in violation of the aforementioned zoning ordinance; 2. That Plaintiff's prayer for an order pe=anently enjoining Defendants is hereby GRANTED, to-wit: Co=encing June 01, 1995, Defendants shall be permanently enjoined from conducting or allowing commercial towing and impound business on the subject property; and .' Co=encing operation property. June 01, 1995, Defendants shall of towing and impound business on discontinue the subj ect " 2 * * * " Dated, c1o.M( /9/~rd - By, .,.. _ h Q ~nn f District Court Judicial District. JUDGMENT I hereby certify that the foregoing ORDER FOR JUDGMENT constitutes the judgment of the court. Jane F. Morrow Court Administrator Dated: By: Deputy. ,I 3 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA t-.O SEcnON ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item ITEM t-.O Receive Petition/95-7/0ak Hollow/ streets Todd Haas, ~ Engineering ~( BY(JjP c:? /. The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report 'for the improvements of streets, project 95-7, in the Oak Hollow subdivision area which includes 383- 159th Avenue NW. Attached is the map of the area that benefits from the \ improvement in orange. , ) Proposed total number of lots - 17 (includes Oak Hollow Park) Number in favor of improvement - 9 Number against - o Number unavailable - (includes Park) 8 Note: The City is responsible for 1 unit for the Park as indicated in the assessment manual. \ '- ) MOTION BY: SECOND BY: \ J 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 CONSTRUCTION , PROJECT NO. 95-7 IN THE OAK HOLLOW AND ADJACENT AREAS. WHEREAS, the City Council has received a petition, dated April 24 , 19~, 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 City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a meeting this 2nd day of May regular 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk ) ) \ OJ. "-- \.. .l'\, CITY of ANDOVER "';';'''-':.. -" Date: Apr:/ :Zlf I )q'1~ " No. Q5"-7 Gentlemen: We, the undersigned, owners of real property in the following described area: Oa~ ~../l..w Ar~ do hereby petition that said portion of said area be improved by Construction of City S+ree.1"s - BiTu....,ilJ\<:ll.4..S. and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. ADDRESS LEGAL DESCRIPTION YES NO Lf75 /<5'7''{ Are. b~ I" w~~ 5L 1.s1R~ NW . /5fP7(, / LE l<J J ~{<C EL-~ /SPn ct7 s-'1' G / t</ /0 ;<: -1~ QI I'-~:-- "Iw ~.... - :Sf aj 574- 15''7'671' ~ A/~i..I ~ ~ ~. )."k( ,../ q 0 This petition was circulated by:_, ARNIT A LOEGERING Address: (~' 15883 ILEX STREET NW ,-' ANDOVER MN 55304 - ~ r~, L.... " ,_ ~ , I I I 1 1 0 rr ... ," .. -,-~ . "-' - ,-' ~, , --, - - ~ . ~ it i i R ~ ~13 ~., AJ ~ ~ 1& ~ T" .... ~ - 1ft . ~ ,., - .+__ 't'l'5 ~ :; ~ !1;tb..... I:;; 1606cr Is 1~/~~1 ~ ~ 1 , ~ :1 r :::- r- .. , ~ ~ - , " .Ji',~.:..~" "'i A ;~! ~ n: ~ ~~ >P L....:~; ( V; i s~t"4"~... ;;..... , ~.A~ ...- .~ ~ f-- V;r 1tlt:7l 1~676 l~ , (0 ..:J; G) NJ , & C\- l' ~~. U1~ ~ ' <I) , '^ ( ,"HI ..- -.:" ~1t>;.: ~ <V -4'lb.O" I ,."~ ~ :; ~~ I~~. m' iii II) It\ to '" ~ 4. /1,' r? \ 10 'T ...~. ~ itT_ l...-- -Ie' ~ '/9 24/ lJ~ ~ /6080 ~I 1b040 - t5q74- J 15tLZ I ~ ~~ ~ ~~'S ~~ l~~ II=- ~!~ EE \('\ .... rn ""'I ~... ! 4c'~ .-- .., --'. J ~, ~~ ~ $ ~ ~ ~ ~ ~~~~ i ~ i~'~ i= .,~ I j I ~ ~I~'a l #If fl~ ~\'\ ~ 01- ~ - ~ .. 1'5Ioz'O I~ I ~I~ ~I 163n .. 1621" ~: f , L ,.:~ n 1* ~' '"" t; ,,; r~' 16G.' ~ ..... ~ --< 1+ .:; ~. it- ~ It;: I~: l>'; .. 1;'. ~: ~ 1&' f; !>: ~. t ~ t Ita .., - p i t !; ~, ".oe \5'570 ~!lb I- ~ +25' , - / I , ~ n3? I I ~ 2~ ,~~ It-I i , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA t-.O SEcnON ORIGINATING DEPARTMENT APPROVED FOR AGENDA EDA Meeting Richard Fursman, city Administrator ITEM t-.O Purchase Agreement/Sandeen property B\^~ a;J" . The Economic Development Authority has had an opportunity to review the Sandeen purchase Agreement. If there is any further research requested or questions which could be answered ahead of the meeting, please contact city staff Monday or Tuesday morning. .. ~ ) -\'It.'l~ b~\^j ~..Q Se4 \~-t ~, , , / MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 AGENDA r..o. SEcnON ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM t-.O Request Expenditure of TIF Funds for signals 139th & Round Lake Blvd Planning ~ David L. carlberg Planning Director BY: f9 d3 . , The Andover Economic Development Authority (EDA) is being asked by Rademacher Companies, Inc. for financial assistance (TIF funds) from the City to install traffic signals at the intersection of 139th Avenue NW and Round Lake Boulevard NW. Rademacher Companies, Inc. is requesting the funding as a part of a development proposal in the area located east of Round lake Boulevard NW between 139th Avenue NW and 140th Lane NW as outlined in the attached letter from Joe Nemo, Senior Vice President and shown on the enclosed site plan. The County of Anoka has estimated the cost of the signals at $110,000. MOTION BY: SECOND BY: ) ;e~~, 'lite. 6272-74 BOONE AVENUE NORTH BROOKLYN PARK, MINNESOTA 5542B-2793 Phone 612-536-9600 . Fax 612-536-1198 April 24, 1995 David L. Carlberg Planning Director city of Andover 1685 Crosstown Boulevard Aneover, MN 55304 Re: Additional Development of Andover community Shopping Center property Dear Mr. Carlberg: As you know from our previous meeting with you, we would like to begin an additional development of our Andover Community Shopping Center property located on Round Lake Boulevard, between 140th Lane and 139th Avenue N.W. In order to meet market demands at our present Bill's Superette and G-will Liquor's facilities presently located at 140th Lane and Round Lake Boulevard, and also to up-date tank and pump technology at the superette, we have deter- mined that it is necessary to upgrade both facilities. However, we have also determined that our existing building cannot be adequately and cost-effectively remodeled to meet these needs. consequently, our objective is to build new facilities on Lot 3 and part of Lot 2 of Andover community Shopping Center (which we are presently in the process of replatting as Lots 1, 2 and 3, Block 1, Andover Center 2nd Addition). This project will involve our commitment to spend in excess of two million dollars in new development. It is our intention to then re-lease our existing building, consisting of 13,600 square feet, to other retail users. '\ / Since our superette and fuel business is focused on customer convenience, we would locate the new superette/fuel facility at the intersection of 139th Avenue N.W. and Round Lake Boulevard rather than adjacent to the existing building, since that location would better facilitate public ingress and egress to the site. The new G-will Liquor's store would be constructed to the North of the new superette. Attached is a preliminary site plan showing the intended location of both of our new stores. Our existing Bill's superette and G-will Liquor's store are currently generating a combined daily average customer count of 2,500 (over 5,000 in and out trips per day). Our new liquor store will be approximately 5,000 square feet larger than the existing G-will Liquor's, and the new superette will have twice the fueling points as the existing facility has, plus a car wash. Accordingly, considering the total impact of our new development together with retrofitting our existing building for other retail use, we believe a traffic light is necessary to control the significant increase in trip generations in and out from that intersection resulting from this additional commercial development. In fact, without a traffic signal at that intersection, it is doubtful that we would be willing to risk the two million dollar plus capital investment we would otherwise be prepared to make on that site. It is our understanding, based upon conversations with the Anoka County Highway Department, that the cost of signalizing the 139th-Round Lake Boulevard intersection would be approximately $110,000. Assuming that the highway department approves signalization of that intersection, we would be willing to share in the installation costs if tax increment or any other form of financing assistance from the city would be available to cover the balance of the installation costs. This entire project, of course, would be contingent upon our receipt of the necessary special-use permits for the storage and dispensing of motor fuels and propane and for the proposed car wash, for our new location, as well as city approval of moving our off-sale liquor license (held by our affiliate corporation WCR Liquor's, Inc.) to the new facility. If you require any further information at this time, please do not hesitate to contact me. sincerely, ~;1~ ose M. Ne~ Jr. ) . senior vicepresid nt & General Counsel JMN/dms . , J CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATe MAY? 199') AGENDA r-n SECTION ORIGINATING DEPARTMENT FRANK STONE PUBLIC WORKS SUPERINTENDENT ~BY~ APPROVED FOR AGENDA STAFF, COMMfITEES, COMMISSIONS ITEM f'oO. L;71, APPROVAL TO PURCHASE TWO (2) ONE-TON 4-WHEEL DRIVE DUMP TRUCKS ON WEDNESDAY, APRIL 19, 1995 AT 10:00 AM" WE RECEIVED SEALED BIDS FOR TWO (2) 1995 ONE-TON, 4-WHEEL DRIVE DUMP TRUCKS, BIDS WERE RECEIVED FROM SUPERIOR FORD TRUCKS AND ITEN CHEVROLET. ELK RIVER FORD SUBMfITED A "NO-BID", REASON UNKNOWN. ITEN CHEVROLET 6701 BROOKLYN BLVD, AND 1694 BROOKLYN CENTER, MN 55429 PRICE OF EACH TRUCK AND BODY FISHER 9' SNOWPLOW AND BELT DRIVE HYDRAULICS PRICE OF EACH COMPLETE UNIT TOTAL PRICE OF TWO COMPLETE UNITS I TAX INC. $30,056.43 $ 2.87550 $32,931.93 $65,863.86 ') SUPERIOR FORD. INC, / 9700 - 56TH AVENUE N. PL YMOUTII, MN 55442 PRICE OF EACH TRUCK AND BODY FISHER 9' SNOWPLOW AND BELT DRIVE HYDRAULICS PRICE OF EACH COMPLETE UNIT TOTAL PRICE OF TWO COMPLETE UNITS / TAX INC, $31,369.58 $ 2,875,50 $34,245,08 $68,490,16 FUNDING FOR THESE UNITS LISTED BELOW: WATER DISTRIBUTION SANITARY SEWER 1995 EQUIPMENT BOND FUND TOTAL $17,000,00 $17,000,00 $34.000,00 $68,000,00 ALSO, TWO MOTOROLA LOWBAND RADIOS AT $900,00 EACH, TOTAL COST $1,800,00, GRAND TOTAL OF TWO UNITS: BUDGETED AMOUNT AClUAL AMOUNT BALANCE $67.663.68 $68,000,00 $67.663.68 $ 336.32 I RECOMMEND THE PURCHASE OF TWO (2) 1995 I-TON, 4-WHEEL DRIVE DUMP TRUCKS FROM THE LOW BIDDER ITEN CHEVROLET, INC. CITY COUNCIL RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS. TO WAIVE INFORMALITIES; AND FURTIIER RESERVES ~ OTr!u-T' ..." , ^,..... TN TIm nEST INTEREST OF THE CITY. "'(TION BY: TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mav 2. 1995 AGENDA t-.O SEcnON ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff, Committees, Comm. City Clerk ITEM t-.O Schedule Special Meeting/ Canvass Election Results v. volk J,~' BY{)YL .;<$' The City Council is requested to schedule a special meeting to canvass the results of the special election to be held on Tuesday, May 9, 1995. The state election laws require that the canvass be held on or before the third day following the election. possible dates for the meeting are wednesday, May 10th or Thursday, May 11th. '- / \ , f MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 AGENDA SECnON NQ Non-Discussion/Consent Items ORIGINATING DEPARTMENT APPROVED Finance FOR AGENDA ITEM t-.O Adopt Resolution/Intent to Bond ~~ Jean D. Nichols Finance Director ~ d}/p. REQUEST The Andover City Council is requested to adopt the attached resolution regarding the reimbursement of expenditures by financing capital improvement projects with special assessment or tax increment bond proceeds. , ) \ ) MOTION BY: SECOND BY: . / RESOLUTION NO. RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2, dealing with "reimbursement bond" proceeds, being proceeds of the City's bonds used to reimburse the City for any project expenditure paid by the City. prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the City Clerk to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect to issue reimbursement bonds to finance the subject project costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted this day of Andover City Counci~ , 1995, by the , , 2 . / EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting City Clerk of the City of Andover, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Andover City Council to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the :project") and the costs thereof to be financed: ) 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued by the City after the date of payment of such costs. As of the date hereof, the City Reasonably expects that $ 6,000,000.00 is the maximum principal amount of the Bonds which will be issued to finance the PROJECT. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: May 2 , 1995 City Clerk City of Andover, Minnesota ) CERTIFICATION The undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, hereby certifies the following: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council") at a regular meeting of the Council held on May 2 , 1995. Said meeting was duly called, regularly held, open to the public, and held at the place at which meetings of the Council are regularly held. Councilmember moved the adoption of the Resolution, which motion was seconded by Councilmember . A vote being taken on the motion, the following members of the Council voted in favor of the motion to adopt the Resolution: and the following voted against the same: ) Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the City Clerk of the City of Andover, Minnesota, this ~ day of May, 1995. City Clerk City of Andover, Minnesota ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 AGENDA t-.O SEcnON Nondiscussion/consent ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM t-.O Refund Cash Escrow Foxberry Farms and Jonathan Woods ~~ Jean D. Nichols Finance Director BYif ;; 7. REQUEST The Andover City Council is requested to authorize the refund of the cash escrow held for the feasibility report and plans and specifications plus accrued interest for Foxberry Farms and Jonathan Woods. ) BACKGROUND Contractor Property Developers Company submitted several cash escrows to the City of Andover for the feasibilty report and plans and specifications for two seperate capital rojects. Listed below is a breakdown of these cash escrows. JONATHON WOODS 494-10 DATE AMOUNT PURPOSE 05-07-94 06-30-94 $ 1,000.00 11,300.00 Feasibility study Plans and specifications TOTAL $12,300.00 --------- --------- FOXBERRY FARMS 194-8 06-08-94 06-30-94 $ 1,000.00 30,000.00 $31,000.00 Feasibility study Plans and specifications TOTAL --------- --------- ) TOTAL ESCROWS $43,300.00 --------- --------- MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 2, 1995 DATE AGENDA S~CnON NO Non-Dlscussion ORIGINATING DEPARTMENT 'FInance APPROVED FOR AGENDA ITEM t-.O Reduce line of credit Woodland Creek *87-27 '\.o~ Jean D. Nichols Finance Director BY:~ O?r. REQUEST The City Council is requested to authorize the reduction of the line of credit established per the Development Contract. BACKGROUND A line of credit was established on May 2, 1987 in the amount of $103,600. On October 4, 1993 the line of credit was , reduced to $69,100.00. ; At this time, City staff is recommending reduction of the line of credit to $17,700.00 due to wookland Creek *87-27 meeting the requirement for reduction per the Development Contract. Line of credit $69,100.00 51,400.00 $17,700.00 Line of credit (current) Requested reduction ---------- ---------- \ I MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACfION May 2, 1995 DATE AGENDA SECnON NQ Non-Discussion Item ORIGINATING DEPARTMENT ITEM t-.O Approve Reimbursement to ARDA/ Irrigation Piping scot~ Eri~kson, Al Englneerlng W APPROVED FOR AGENDA BY: ~ ,;21. ~ ) The City Council is requested to approve reimbursement in the amount of $2,477.04 for the cost of materials for irrigation piping for the Field of Dreams. The City of Andover is currently advertising for bids for the installation of irrigation piping for the Field of Dreams. A part of the irrigation system includes the installation of irrigation piping and controls inside of the new concession building being constructed by volunteer labor from ARDA. As the irrigation piping had to be installed under the footings prior to starting the building construction and the City does not yet have an irrigation contractor hired, it was necessary for ARDA to purchase the piping material and install it prior to beginning construction of the building. The funding for the irrigation system will be from park dedication. , \. ) MOTION BY: SECOND BY: I ." ;= -, F;; \ 0 _J '" ~ I -j , } <;> ~ ~ )> o m r <: m '" m o '" ~ '" m n m <: m o '" ~ <;l "- C'> w ::: .... ::: "- :;:l t'l I::' :;:l c: t::i :::' t!j :;:l .... "- CO '":j - ~ t"' t"' "-'J :<- ,"') t'l Cl >- (jj ;:.: t:l .., c.: C> c.: w C) w o ::: o .... -l ::: tJl o :D o .... 04 CO W .... "- t:l .... .... Z t::I "-'J .... >- Z C t:l .., :<- ":::I ..; '" = ..... "'0 .., C> o 0:> c.: c: 0: o c ..... 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":::I t::l H ":::I (jj '-< ::::: "-- - L r') t"" tJl N tJl ~.; (") ....... .... (") ....... !:"' :;:l c: t:l - <, ....... (") ttl c ~. ..- c.~ ..., ::0: "- ;:0 c: t::i ~ >- (") C'l >- w N o II "'0 (") CIl o " ":::I (") CIl 0::' ::: o O'l CO "- ~ .:::> I: <:,n c.::> o N :::> -' o c ::: o .:.. c ::: w ,- -. ::: o ,- Z c,....,< o:Q -:l~ <.:. ....Z p Cfl O' r o Q ~ n ;:: z C) en C "C ~ '" =i -i m Z '" ~ o ~ J:1 .... "- (") :;.. (jj ttI (") t::I .... DO ....... <;l tJl n c Cfl d ~ m '" o '" o m '" Z P (jj >- !:"' r:l CIl .... tJl re: :;.. (") n o - .... Z ..., w (:1 o 1;~ ""x Zn o CO . m 01 >B z'" 1::"5 On <~ r.::o :::::z ~. "'z-!> ~ ~~~ ~ "'o!; s::i ~c^ ~ !/lm "\OJ ~'" No ~-'" Cfl z~~"""~ ::r:. mN ~ 'U -;"Cflm ;:: Q 8~~ 'S: W01Z ~ N"'O ;; .... <,:,,;e ~ .L..:I HVJtO ~ Ol~;'i; ..... C'l CD (")~ ~ :::1< . 0..-; :::::U'Jt=) r;zC/}~ ..., 0<: <:t=j Zt::I t::i;.. !:"'::::: -::: t::I ::: o ~ o o ;:0 t:l (") ;:0 t:l >- .., .... o Z > i:'"' t::I t:l -::: ::::> >z Zt::I UlO 0< Zt:l ;:0 R" t...:n ..-..J I!~ c' Gi Ul ~ .':.14 ~ ~ -l> 9 ~ z m ..:.. I! en :::':I: ~=o << ~ t:l 'f' ~ n ;:: z C) en C "C .' ":::I :;.. ..' t:l .... ::: :::> o t" r-. DATE: May 2, 1995 ITEMS GIVEN TO THE CITY COUNCIL Executive Cit Council Minutes - Februar 21, 1995 plannin and zonin Commission Minutes - A ril 11, 1995 Andover Board of Review - April 13, 1995 Housin and Redevelo ment Authorit 18, 1995 Economic Development Authority - April 18, 1995 city Council Minutes - April 18, 1995 park and Recreation commission Minutes - A ril 20, 1995 Letter from John Davidson, TKDA - April 19, 1995 City of Andover v. Bendtsen & Lund Ordinance No. 53E ordinance No. 81111 springsted Information site Plan/139th Avenue Signals What's Happening? Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ClG o~-q6 Office of ANOKA COUNTY SHERIFF LARRY PODANY \---1 __J " 325 Jackson Street - Anoka, Minnesota 55303-2210 612-323-5000 Fax 612-422-7503 April 24, 1995 :P.; 'M. ,-, ..... "... -- -D ';~", 'k.','~: "'-'\.' :- ... d. ....-. "" ~_." j' ~:\I! '.~_. ..~ ~ The Honorable Jack McKelvey and Members of the City Council City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 APR 2 6 1995 C~,I .,: ~...;; ,--'.I '"LJi.)VER Dear Mayor McKelvey and City Councilmembers: The week of May 7-13 is National Correctional Officer Week, and May 13-20 is Law Enforcement Memorial Week. To celebrate both of these special events, we are planning an Open House on Monday, May 15th from 1:00 p.m. to 4:00 p.m. That afternoon is set aside for law enforcement and community leaders to join us, You and your staff are cordially invited to come and tour the Sheriffs Office facilities. There will be outdoor displays of vehicles and equipment, including the mobile operations trailer, all- terrain vehicles, speedboat and Zodiac rescue boat, underwater recovery equipment, demonstrations of S,W,AT. tactical equipment and a dive display, We are planning tours in the Jail Division, including booking, visiting and a 2-cell unit. Tours will also be conducted through the Administration and Support & Services Divisions, and CID Division which will include the computerized polygraph equipment and Crime Lab equipment. We think this will be an exciting event, and a great opportunity for you to learn firsthand what services the Anoka County Sheriffs Office provides to the community, It is your support that makes it possible for the Anoka County Sheriff s Office to be recognized as a leader and visionary in providing professional law enforcement services to all Anoka County citizens. Please come and join us in honoring all law enforcement and detention personnel. Sinc ely, LaM~~@~ Sheriff L WP:jl Affirmative Action / Equal Opportunity Employer r , . . Contract No. JOINT POWERS AGREEMENT NORTHWESTERN ANOKA COUNTY COMMUNITY CONSORTIUM "NW ACCC" The parties to this Agreement are Anoka County, City of Andover, City of Anoka, City of Ramsey, and Independent School District No. 11, all of which are governmental units of the State of Minnesota. This Agreement is made pursuant to Minnesota Statutes, Section 471.59. ARTICLE L GENERAL PURPOSE The general purpose of this Agreement is to create an organization through which the parties may jointly and cooperatively create a community-wide vision for positiveyouth development that would focus on developing a detailed action plan to implement the results of the recent Search Institute Youth Needs Assessment Survey. The organization would concentrate on encouraging C'.ommunity partnerships that would improve the factors inhibiting healthy development identified in the aforementioned study. The organization would also work to promote both the internal and external assets identified in the study and assist youth in increasing their ability to make positive choices in their lives. The organization will continually assess progress toward meeting that detailed action plan to promote positive youth development and prohibit factors that limit healthy youth development. The organization would serve as a fonnal structure to assemble a permanent Child and Youth TaskForce that would be responsible for implementing this action plan on a permanent basis. ARTICLE II. PARTIES Section 1. The governmental units eligible to become parties to this Agreement are Anoka County, City of Andover, City of Anoka, City of Ramsey, Independent School DistIict No. 11, and such other governmental units sharing common concerns and designated by the Board from time to time. Section 2. Any governmental unit desiring to enter into this Agreement may do so by the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the clerk or other corresponding officer of the governmental unit shall file a duly executed copy of the Agreement, together with a certified copy of the authorizing resolution or other action, with the Board of Directors. The resolution authorizing the execution of the Agreement shall also designate the first directors and alternate director. ARTICLE III. BOARD OF DIRECTORS Section 1. The governing and policy-making responsibilities of Northwest Anoka County Community Consortium (NW ACCC) shall be vested in its Board of Directors, which shall control its property, be responsible for its finances, and direct its administrative affairs. Section 2. Each party shall be entitled to two directors, who shall have one vote each. Each party shall also be entitled to one alternate director, who shall be entitled to attend meetings of the Board, but may only vote in the absence of one of the party's two directors. Section 3. The two directors and one alternate director shall be appointed by resolution of the governing body of each party. When the governing party of a body appoints a drrector or alternate director, it shall give notice to the NW ACCC of such appointment in writing with a certified copy of the resolution making the appointment. The two directors and alternate director serve at the pleasure of the governing body of the appointed party. Finally, the two directors and alternate director of each party shall be appointed to serve until their successors are appointed and qualified. Section 4. The two directors and alternate director of each party shall not receive any compensation from the NW ACCC for their services. Section s. There shall be no voting by proxy; all votes must be cast in person at the Board meetings by the two directors or alternate director. Section 6. A majority of the votes attributable to the parties constitute a quorum of the Board. Section 7. The Board by majority vote may designate ex-officio members, who shall be entitled to attend and participate in meetings, but shall not be entitled to vote. ARTICLE IV. POWERS AND DUTIES OF THE BOARD Section 1. The powers and duties of the Board shall include the powers set forth in this Article. Section 2. The Board may appoint a coordinator, who shall perfonn the duties and responsibilities assigned by the Board and whose compensation shall be fixed by the Board. Section 3. The Board may enter into such contracts as necessary to carry out the general purposes of this organization. No contract on behalf of the organization may be entered into or - 2 - executed until the Board has approved such action. The Board may authorize any officer or officers, agents or agents, to enter into a contract or execute and deliver an instrument in the name of and on behalf of the organization. Section 4. It shall establish an annual budget. It may invest or reinvest funds not needed for current operating expenses, if any, in the manner applicable by laws to cities. It shall not at any time incur obligations in excess of funds then available to it. Organization funds may be expended by the Board in accordance with procedure established by laws for the expenditure of funds by statutory cities. Orders, checks, and drafts shall be signed by the chair and countersigned by the vice chair. Other legal instruments shall be executed on behalf of the Board by the chair and vice chair. Section 5. It shall make a financial accounting and report to the parties at least once each year and its books and records shall be audited annually and be available for and open to examination by the parties at all reasonable times. Section 6. It may accept gifts, apply for and use grants of money or other property from the state, Anoka County, or any other governmental or private organization, and may enter into agreements required in connection therewith and may hold, use, and dispose of such monies or property in accordance with the tenns of the gift, grant, loan, or agreement relating thereto. Section 7. It shall indemnify directors, officers, and employees against claims for damages, costs, and expenses incurred by any of such persons in connection with any action, suit, or proceeding in which he may be involved by reason ofhis having been a director, officer, or employee, and may obtain liability insurance therefore. Such indemnification need not be exclusive of other rights to which any such person would otherwise be entitled as a matter oflaw. Section 8. It may exercise any other power necessary and incidental to the implementation of its powers and duties under the provisions of this Agreement. ARTICLE V. MEETINGS, ELECTIONS, AND DUTIES OF OFFICERS Section 1. Anoka County agrees to convene the organizational meeting ofNW ACCC. Section 2. At the first meeting of the Board of Directors ofNW ACCC, the Board shall elect from its members a chair and vice chair. The new officers shall take office for a period of one year after the date on which they are elected. - 3 - : . Section 3. At the organizational meeting, or as soon thereafter as may reasonably be done, the Board shall determine its procedures, including the time, place, frequency, and notice of its regular meetings and the manner of calling special meetings. Section 4. A vacancy shall immediately occur in the office of any officer upon resignation or death, or otherwise upon such officer ceasing to bea representative of a governmental unit. Upon vacancy occurring in any office, the Board shall fill such position at its next meeting. ARTICLE VI. WITHDRAWAL Section 1. Any member party may at any time give written notice of withdrawal from NW ACCC. A party withdrawing from membership at a time when such withdrawal does not result in dissolution of the organization shall forfeit its claim to any assets of the organization. ARTICLE VII. DISSOLUTION Section 1. The organization shall be dissolved whenever (a) aggregate withdrawals of member parties representing more than one-half of the area population occurs, or (b) by a majority vote of all members of the Board. Section 2. Upon dissolution, the remaining assets of the organization, after payment of all obligations, shall be distributed among the parties as determined by the Board. ARTICLE VIII. DURATION This Agreement shall continue in effect for a period of two years unless an Agreement extension is agreed upon by the parties. ARTICLE IX. EFFECTIVE DATE This Agreement shall become effective upon its execution by the parties hereto. - 4 - -- .... .. IN WITNESS WHEREOFt the undersigned parties have caused this Agreement to be executed on their behalf. ATTEST: COUNTY OF ANOKA By: John "Jay" McLinden County Administrator Dan Erhart, Chair Anoka Board of Commissioners Date: ATTEST: CITY OF ANDOVER By: By: Title: Date: ATTEST: CITY OF ANOKA By: By: Title: Date: ATTEST: CITY OF RAMSEY By: By: Title: Date: ATTEST: INDEPENDENT SCHOOL DISTRICI' #11 By: By: Title: Date: - 5 - ec 5-a-Cf~ ~ TKDA TOLTZ. KING, DUVALL, ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS' ARCHITECTS' PLANNERS 1500 PlPERJAFFRAY PlAZA _ CEDAR STREET ..... SAINT p~~l!>t'02,T..r::"; ~ PHONE~tl(i.FAX:eI21202-OO83 ..' April 19, 1995 APR 2 0 1995 CITy '...if ,....,<~",.J'iEP Honorable Mayor and City Council ~dover,~esota Re: Regular Council Meeting April 19, 1995 ~dover,MU1nesota Commission No. 9140-959 Dear Mayor and Council Members: The following is a summary of engineering matters discussed and action taken at the Regular Council Meeting held Tuesday, April 18, 1995. 1. Consent Agenda: The following items were approved by single motion: A. Proi. 94-9 - Fox Woods and Proi. 93-30 - Bunker Lake Boulevard Frontage Road. Comm. Nos. 10674 and 10581 Change Order No.1 in the amount of $7,735.40 was approved. B. Proj. 94 -8 _ Foxberry Fann and Proj. 94-10 - Jonathan Woods. Comm. Nos. 10673 and 10675 Change order No.1 in the amount of $2,101.78 was approved. 2. Proj. 93-9 - Xeon Street Storm Sewer, Comm. No. 10403 In response to Council action at their meeting of March 7,1995, Mr. Davidson prepared and reviewed a report dated April 6, 1995. The report was discussed in detail. Mr. Winslow Ho1asek and Mr. Gerald Windschitl made additional report and comment. Council Action: The Council by motion received the report prepared by TKDA and Assoc., Mr. John Davidson, P.E. dated April 6, 1995. 3. Proj. 93-5 - Winslow Hills 3rd Addition, Comm. No. 10365 The Council by resolution declared costs, received the assessment role data and ordered public hearing for May 16,1995. Honorable Mayor and City Council April 19, 1995 Page 2 4. Proj. 94-18 - Sec. 22 Trunk Sanitary Sewer and Watermain, Comm. No. 10725 The Council by resolution accepted the staff recommendation and awarded the contract to Ryan Contracting in the amount of their low bid of $584,297.40. The Engmeer was excused at approximately 11:00 P.M. Sincerely, JLD/mha ~I '~-::r~r ~D'~ Ii. )':1\" 1 ~ \.oil" :;l,xo:1 ';'... ,....,,1 ~ " ~ i ." <';i 4 '1 ' . !:1 ." /i. ...; ;'., . A Jl_lb,,,,,,,1 _<~....." ,..;;b.oo<i Qt 5-d~q:) COUNTY OF ANOKA APR 1 9 1995 IN DISTRICT COURT CIVIL DIVISION TENTH JUDICIAL DISTRICT STATE OF MINNESOTA l;3:"a r r,,~~~~':~~\l,' City of Andover, COlf!!~,r .",...".1!~'1,.''; ~~L-'\ fOR ^"OM l.U(j~;l't' MN FINDINGS OF FACT; Plaintiff, tif.'lERL'f O"',H ~ CONCLUSIONS OF LAW; nEl'u-rV ORDER FOR JUDGMENT; AND JUDGMENT v. Steve Paul Bendtsen, Robert D. Bendtsen, and Robert Lund, Defendants. File No. C7-93-13923 A court trial was conducted before captioned matter on March 22, 1995, in Anoka, Minnesota. the undersigned in the above- at the Anoka County Courthouse The above-named Plaintiff City of Andover was represented by Barry A. Sullivan, Esq. The above-named Defendants Steve Paul Bendtsen, Robert D. Bendtsen, and Robert Lund were represented by Joan M. Quade, Esq. Based upon all files, records, and proceedings herein, the court makes the following: FINDINGS OF FACT I. Background. 1. That a "FACTUAL BACKGROUND AND PROCEDURAL HISTORY" of an ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT filed herein on November 09, 1994, is incorporated herein by reference thereto; II. Rational Basis Issue. 2. That in light of the parties' evidence and arguments, Defendants have not proved that a zoning ordinance banning a motor vehicle towing-and- impound business of Defendant Lund is unsupported by any rational basis related to promoting public health, safety, morals, or general welfare, or that the ordinance amounts to a taking without compensation; 3. That contrary to Defendants' assertions, rationally related to promoting public health, general welfare; the ordinance safety, morals, is or 4. That reasons stated by Plaintiff's City Council in its denial of an amendment proposed by Defendant Lund were the Council's true reasons for the denial; 1 . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 53E AN ORDINANCE AMENDING ORDINANCE NO. 53 ADOPTED THE 17TH DAY OF FEBRUARY, 1981, COMMONLY KNOWN AS THE DOG ORDINANCE. The City Council of the city of Andover does hereby ordain: Ordinance No. 53 is hereby amended as follows: SECTION 1. DEFINITIONS a. Animal Shelter: Any premises designated by the City Council for the purpose of impounding and caring the dogs held under the authority of this ordinance. b. Biting Dog: Any dog which, without being provoked, has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal, under circumstances where, at the time of the threat of attack, the person or domestic animal was lawfully on the premises upon which the victim was legally entitled to be, or the victim was on the premises owned or controlled by the owner of the dog, at the express or implied invitation of the owner, is a biting dog. (53B, 6-21-88) , '\ '- / c. or enc enclosure constructed for shuttin in ences enc os~ng yar s. eT__KeRRe~~__ARy_~e~5eRT-~a~~Re~5fi~~-e~-ee~~e~a~~eR-eR~a~ea-~R- ~fie_B~5~Re55-e~-B~eea~R~T-B~Y~R~T-5e~*~R~-e~-Bea~a~R~-ae~5~-- ~~eY~aea_~fia~_5~efi_~e~5eRT-~a~~Re~5fi~~-e~-ee~~e~a~~eR-e~5~ema~~*y- eWR5_e~_Bea~a5-me~e-~fiaR-~fi~ee-+3+-ae~5-eYe~-5~*-+6+-meR~fi5-e~- a~eT-- , , aT f. Nuisance: It shall be considered a nuisance for any animal to run at large; to habitually or frequently bark or cry; to frequent school grounds, parks, or public beaches while unrestrained; to chase vehicles; to molest or annoy any person if such person is not on the property of the owner or custodian of the animal; to molest, defile, destroy any property, public or private; or to leave excrement on any property, public or private. (53B, 6-21-88) " . eT ~ Officer: Any law enforcement officer of the City and persons-oesignated by the City to assist in the enforcement of this ordinance. fT h. Owner: Any person, firm, partnership, or corporation owning,-narboring, or keeping a dog or dogs. ~T i. Restraint: A dog shall be deemed to be under restraint if it is-on the premises of its owner or if accompanied by a responsible person and under that person's effective control. AT ~ Section No. 7 through Section No. 23, with the exception of Section No. 18, shall apply to the regulating and keeping of cats, providing for the impoundment of cats, and providing for violation thereof. All references to dogs shall also apply to cats in the aforementioned sections of this ordinance. SECTION 18. KENNELS LICENSES SECTION 19. PRIVATE KENNEL LICENSES SECTION 20. COMMERCIAL KENNEL LICENSES Page 2 '. SECTION 21. LICENSE REVOCATION the Cit ~nance No. SECTION 22. KENNEL REGULATIONS all SECTION --- 23. APPOINTMENT OF OFFICERS The City Council may from time to time appoint such persons as may be necessary to assist the police officers of the City in the enforcement of this ordinance. Such persons shall have police powers insofar as is necessary to enforce this ordinance, and no person shall interfere with, hinder, or molest them in the exercise of such powers. SECTION --- 24. NON-RESIDENTS The sections of this ordinance requiring a license shall not apply to non-residents of the City, provided that dogs of such owners shall not be kept in the city longer than thirty (30) days without a license and shall be kept under restraint. SECTION ~!7 25. PENALTY Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. SECTION ~~7 26. REPEAL Ordinance No.1, adopted October 15, 1966, Ordinance No.5, adopted May 6, 1969, Ordinance No. 14, adopted February 20, 1973, Ordinance No. 20, adopted May 14, 1974, and Ordinance No. 38, adopted September 7, 1976 are hereby repealed. SECTION ~37 27. EFFECTIVE DATE / This ordinance shall be in full force and effect from and after its passage and publication according to law. SECTION ~4- 28. CITATIONS Page 3 ~' The animal control officer, or his designee, shall be authorized to issue citations for violations of this ordinance. Adopted by the City Council of the City of Andover this 18th day of April , 1995. CITY OF ANDOVER ~. (. k?~~ ,f'1. E. MCKelvey, yor ATTEST: ~UL Vlctorla Volk, City Clerk Page 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / ORD NO. 8IIII 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 ge~-~eRRe~~--ARy-~~aee-WAe~e-ie~~-+4+-e~-me~e-ee~s_eYe~-s~*-+6+- meR~a5-ei-a~e-a~e-Bea~eeeT-B~ee-aRe/e~-eiie~ee-ie~-5a~eT-e*ee~~-a- Ye~e~~Ra~y-e~~R~e~ SECTION 7. USES. 7.01 Permitted Uses RESIDENTIAL DISTRICTS: R-1 Single Family Rural District Agricultural Uses. Any site which has more than five (5) non-domestic animals per acre shall require a special use permit. Private dog kennels Single family residential buildings. SECTION 7.03 SPECIAL USES RESIDENTIAL DISTRICTS Barber Shop Beauty Shop Cemeteries / Christmas Tree Sales Churches Clubs and Lodges Page Two Amend Ordinance No. 8 City Council April 18, 1995 colleges and Similar Institutions Commercial Dog Kennel in R-1 District Only 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 8e~-KeAAe~5-iA-R-1-8i5~rie~-eA~Y 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 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 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 and subsections 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 18th day of April, 1995. ATTEST: ~tfdL v~ctoria Volk, City Clerk CITY OF ANDOVER /J '" ~ '.. t, ~(> . E. McKe CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 2, 1995 AGENDA toO SEcnON ORIGINATING DEPARTMENT APPROVED FOR AGENDA Add On Item ITEM toO Richard Fursman City AdministratoI BY: Northwestern Anoka Co. Community Consortium The Council is requested to consider entering into a joint powers agreement with the Northwestern Anoka County Community Consortium. The Consortium's purpose is to work cooperatively to create a community-wide vision for positive youth development. The joint powers agreement was in the jacket of the packet. MOTION BY: SECOND BY: CITY of ANDOVER Item No. 8 Award Bid;Woodland Creek 5th Addition/95-1 Scott Erickson, Engineering Approval of this item should be made contingent on the execution and recording of a development contract for this project. **************************************************************** ~~************************************************************~* ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** :: WHAT'S HAPPENING? :: ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ *Congressman Bill Luther will host a town ** :: meeting at city Hall on Sunday, April 30, :: :: 1995 from 2:00 - 3:00 p.m. :: ~~ ** ~~ ** ~~ ** ~~ *The Fire Department is hosting a circus ** :: on Tuesday, August 22, 1995. This is a :: :: 3-ring circus in a tent. It will be in :: ~~ the field east of city Hall. Two evening ** :: shows are planned. :: ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** .' ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~ ** ~~************************************************************** ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "