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Home My WebLink AboutCC June 6, 1995 CITY of ANDOVER Regular city Council Meeting - June 6, 1995 Call to Order - 7:00 pm Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. Public Hearing/Vacation of Easement/14688 Jay Street 2. Public Hearing/Oak Hollow/Street Improvement/95-7 3. Computer presentation/Superior computers 4. Rescind Ordinance 87/Snowmobiles 5. Adopt Snowmobile & ATV Ordinance 6. Award Bids/93-7/City Hall Park Complex i2 Irrigation 7. Sharon's 2nd Addition/Authorize Response to Hei1 Letter 8. Approve Final p1at/E1dorado Estates 9. purchase Easements/Drake Street/94-6 10. Accept Petition/Order Feasibi1ity/9s-9/Forest Meadows 11. Accept Feasibility Report/Order Hearing/95-9/Forest Meadows 12. Request Extension of Special Use Permit/Riverda1e Church 13. Rademacher Companies/Request for Confirmation Letter 14. Classify "Biting Dog" 15. Special Use permit/Commercial Greenhouse/16473 valley Drive 16. Amend Ordinance 8, Therapeutic Massage/Cabinet Making 17. Ordinance 109/Therapeutic Massage Ordinance 18. Approve Amendment to Ordinance 53/Dog Enclosures Staff, Committees Commissions 19. TIF Bond Information/Dlscussion 20. Approve Purchase of Utilities SCADA System 21. Reschedule July 4th Meeting 22. Authorize purchase of Mower for parks Department 23. Authorize purchase of Utility Box for Sign Truck EDA Meeting 24. Approve Concrete Curbing & parking Lot paving/94-18 25. Authorize purchase of Tax Forfeit property 26. Right of Entry/Tire Site BRA Meeting 27. 1996-1998 CDBG Program / Non-Discussion/Consent Items 28. Award Bids/Crack Seal/95-3 29. Approve Change Order i1/Crown pointe East/94-22 30. Approve Change Order i3jWoodland pond 2nd/94-2 31. Approve Change Order i1/Bunker Lake Blvd. Frontage Rd/93-30 32. Approve Change Order is/Hills-of Bunker sth/93-12 33. Legislative update 34. Hidden Creek East 5th/Release Line of Credit 35. Approve summary/Ordinance lOX 36. Temporary Reclassification 37. End of probationary Period Mayor-Council Input payment of Claims Adjournment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ~une 6. 1995 AGENDA foo.O SECTION ORIGINATING DEPARTMENT Approval of Minutes ITEM foo.O City Clerk Approval of Minutes v. volk ~.Op APPROVED FOR AGENDA BY: ryJ- The city council is requested to approve the following minutes: May 16, 1995 Regular Meeting May'16, 1995 EDA Meeting \ '. I / MOTION BY: , SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE Public Hearing/Vacation of Easement/14688 Jay street ORIGINATING DEPARTMENT Todd Haas, Engineerin~ Je APPROVED FOR AGENDA AGENDA SECTION foo.O Discussion Item ITEM foo.O BY~ ;: The city Council is requested to hold a public hearing at 7:00 PM for the request of a Vacation of Easement for a portion of Lot 10, Block 4, Pinewood Estates 2nd Addition (14688 Jay street). Attached are the following: _ Resolution vacating easement for City Council approval _ Application for the Vacation of Easement - Notice of Public Hearing _ List of property Owners within 350 feet ~ ) - Proposed Grading Plan The request has been made to allow the construction of a deck and pool. The drainage and utility easement is not necessary. The drainage will be routed along the west property line from the north end to the south towards lots 12 and 13. , , I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT TO ALLOW FOR THE CONSTRUCTION OF A POOL ON LOT 10, BLOCK 4, PINEWOOD ESTATES 2ND ADDITION. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the vacation of a drainage and utility easement located on Lot 10, Block 4, pinewood Estates 2nd Addition and WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said drainage and utility easement, legally described as follows: Description to vacate drainage and utility easement over Lot 10, Block 4, pinewood Estates 2nd Addition, Anoka County, Minnesota. The East 20 feet of the West 40 feet of Lot 10, Block 4, PINEWOOD ESTATES 2ND ADDITION, except the North 5 feet thereof and except the South 5 feet thereof. I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover hereby agrees to vacate said drainage and utility easement legally described above on Lot 10, Block 4, pinewood Estates 2nd Addition. Adopted by the City Council of the City of Andover this 6th day of June , 19 95 . CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Volk - City Clerk / HY-LRND SURVEYING TEL:612-560-LU(~ May L:>,'::l:> .~(.LV I~U.VV~ r .VL LAND SURVRYORS INVOICE NO. 4493 F... NO. SCAle .... ~U' o Dtno1w ...... _nl a Dono'" _ 1M ... r... be_10ft 0nI1 .000.0 Dono4. t.ltlloo tlo_ o DoN'" """oMd E....It.... .... 0-.... 1l<Ir1_ ~ HY-LAND SURVEYING. j 8 ~ 1.{ ,,-to<! lop of Block gQ7,'l.. _.d Gorot. rI_ A q q,1- f'roPOHd Lo...I ;'1_ T,... of 9.lIdloo - C, P \;.\- \..~" e. \ 1'845'-1<1)'1'110<1, _IynP"",-~ 55W !l6).1914 ~1I'BClrI ~ " OLMSTEAD BUILDERS \. JY'U>I"". 1ND tl'l'ILI'r'l DJBnII1' '!O _ nl!AnD . lUi ......nt !clr d"dulI. ...4 "tUlty pUP"'" to bo ....lIllte4 / 0"Yer:, un4.er .D4 .C1EO.. t~. 1~.11ow~. 4~~rlb~ propU't71 \ . 0" ,', ,.' . " TbO ...t 20 f.et ..!,tho ~..k to f..t of Lot 10, .lock~, ( I'IKZtfOOD ..rATS' uti, NlllITIOK. ,.xaopt tho R.."tIt !I r_t ~.rlOr "-- and ."copt thoi 80..U. I' r..t tb''''U, . ." " ". " ,~ ,l V"',cAr.J'" __ __I<..IlS.B4-- . - ----'7" 010.00 "., '. j I I o o cj OJ t I J' <: I- ... ~' v) ~. a..... ). 1-) E....."'I'IO- RaSOoa,p.lc.r " ) let 10. Bleck 4. PINEWOOO ESTATES 2RD AODtTION ",,,,,,___,,,,,,,plIlIGI_,,,_"-bf -- . I ".rlby certlf, t"'t till" fNI/f"WI ... pl'epllr_ tlV .. Of' ...r ., cllrKt '~fY'.lon, ..... die' I ... dA, .,,'at9r" "..... S__.,..,.. ,"",r th. ,... .f tho Itoto of ..,""..... ...."."'.....~_f( June ,.94 ...... ~~.M[* ,.tt'!tJ-t".W" !~l~ .~ i-'<t~ ..-- i ,,"(b. , ,':.l'\. :',:~. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N'w. . ANDOVER. MINNESOTA 55304. (612) 755-5100 VACATION OF EASEMENT REQUEST FORM property Address JtjfoSg -.JA-Y J.1~e\~r /IJ. W Legal Description of property: (Fill in whichever is appropriate): Lot jc Block t/ Addi tion f'vVEOvUD oj) E~ \(H'€"..s. .Pl~PIII' plat Parcel PIN (If metes and bounds, attach the complete legal) ----------------------------------------------------------------- Reason for Request VA c.. v\. ,E I EAS.iE MEN r d;) 0 :I. W~f"/ 't- 7"0 t'u"\ I~ A-r-J AOav6 blZ-oou,-J.o S<.-JIMIM/;V(, '\'00 L /N /'YI'1 f.>AuK..'-{r\-It.tJ).1' t-IA-JE' (2...>E'c.etV"t't-l"l IH~~cveJt.E"D AN f?A-SEt.l-f~-vr-. At=rE't.. C.~E G/<:......J b ,;NIo(vU{?ctL 1: W\i"~ 13\JIL..t?/Nb I"';~i';;c.,o~ PG\JeU;J'?fi~ MoO AS~I~i"4NT , ~O--.J.u!J T1+04-"t:'" N,.::, U"rl L..i 1"1':5 ^~t:::" f,!,A<..k IM-E"I(,.~ &vO ,) 100 O{\J;;;;' <;'€E.l..{~ 10 R.E-c::.ALL UJI+-L{ ,T~ F4~<::~1~" 7' I.:S. -r*~-<'c. Current zoning ----------------------------------------------------------------- Name of Applicant c./.hl,.lZ"l..E..!... J. BUA.f1.0Viol-/.!. Address } t./Io f6 ~ .:r.A \..{ ~'l"t1.E t="r fV. uJ Home phone S~b -.:5 2..(, (.. 7fol-UZC Business signatureC!-~", j , ~ Phone SYfo - 3 2.. fa (.:. Date .S/ISJ'1~ , ----------------------------------------------------------------- Property Owner (Fee Owner) ..sr\I.L.{~ AS 144ou':- (If different from above) Address Home Phone Business Phone Signature Date ----------------------------------------------------------------- .' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 . / " CITY OF ANDOVER COUNTY OF ANOKA STATE OF. MINNESOTA NOTICE OF PUBLIC HEARING The City Council of the City of Andover will hold a"public , hearing at 7:00 P.M., or as soon thereafter as can be heard, Tuesday, June 6, 1995 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MNto review the Vacation of Easement for a portion ,of Lot 10, Block 4, pinewood Estates 2nd Addition at, the request of the City of Andover: . DRAINAGE AND UTILITY EASEMENT TO BE VACATED. An easement for drainage and utility purposes to be vacated over, under and across the following described property: "lThe' ~~st' 20 feet, of the West 40 feet of Lot 10 ,Block 4, PINEWOOD ESTATES 2ND ADDITION, except the North 5 feet thereof and except the South 5 feet thereof. I 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 Hall for review prior to the meeting~ IJ;-~ dt6 Vlctorla volk - City Clerk publication Dates: May 26, 1995 June 2, 1995 ANOKA COUNTY G.I.S. / 2100 3RD AVENUE ANOKA, MN 55303 OFFICE: 612/422-7508 FAX: 612/422-7508 " PIN = Parcel Identification Number 24-May-95 PIN: 273224110090 PUTZ BRIAN W & KIMBER 1703 147TH LN NW ANDOVER MN 55304 ENGEN DANIEL T & WEN 1715 147TH LANE NW ANDOVER MN 55304 BODIN DOUGLAS A & TA 1722 147TH LN NW ANDOVER MN 55304 MILLER ROBERf T & LYO 1716 147TH LN NW ANDOVER MN 55304 DAlLEY MICHAEL C & SC 1701147TH AVE NW ANDOVER MN 55303 STEPHENS BRIAN P 14696 HUMMINGBIRD ST NW ANDOVER MN 55304 CONTINENTAL DEVELOP 12301 CENTRAL AVE NE #230 BLAlNE MN 55434 ANDRE scon E 14705 JAY ST NW ANDOVER MN 55304 BRIGGS MARK R & JEAN 14717 JAY ST NW ANDOVER MN 55304 FLANAGAN JAMES B & D 14729 JAY ST NW ANDOVER MN 55304 PIN: 273224110051 PIN: 273224110052 PIN: 273224110054 PIN: 273224110055 PIN: 273224110085 . ) PIN: 273224110086 PIN: 273224110087 PIN: 273224110088 PIN: 273224110089 1 I , PIN: 273224110091 BRITION LAWRENCE H & 14741 JAY ST NW ANDOVER MN 55304 PIN: 273224110092 MOORE DANNY A & MARY 14753 JAY ST NW ANDOVER MN 55304 PIN: 273224110093 ESSEN GAlL M & ALLEN D 14761 JAY ST NW ANDOVER MN 55304 PIN: 273224110099 ARNOLD GARY A & JULIE 14756 JAY ST NW ANDOVER MN 55304 PIN: 273224110100 MARQUETTE BRIAN A & P 14748 JAY ST NW ANDOVER MN 55304 PIN: 273224110101 BRAUN THOMAS P & COL 14736 JAY ST NW ANDOVER MN 55304 PIN: 273224110102 ZAUDTKE SHAUN ETAL * \ , 14724 JAY ST NW ANDOVER' MN 55304 PIN: 273224110103 MATISON KEVIN L & LISA 14712 JAY ST NW ANDOVER MN 55304 PIN: 273224110104 JOKINEN PAUL N & ESTH 14700 JAY ST NW ANDOVER MN 55304 PIN: 273224120010 BEDELL ARDEN C 14769 LINNET NW ANDOVER MN 55304 PIN: 273224120011 HEFNER DAVID A & DlAN 14719 LINNET NW ANOKA MN 55304 PIN: 273224130011 SHOFNER DAVID L & JUL 14669 LINNET NW ANDOVER MN 55304 2 PIN: 273224130012 TERHAAR JOHN J & PHYL 14619 LINNET NW / ANDOVER MN 55304 PIN: 273224130013 ANDERSON MARK D 14569 KILLDEER ST NW ANDOVER MN 55304 PIN: 273224140022 SCHALO AUDRY A 1760 146TH LANE ANDOVER MN 55304 PIN: 273224140023 ILLIES JOSEPH A 1748 146TH LN NW ANDOVER MN 55304 PIN: 273224140024 TIMBERLANE HOMES INC 1512 92ND LN NE BLAINE MN 55434 PIN: 273224140025 ZAUDTKE HOME BLDRS I 7711 HUMBOLDT AVE N BROOKLYN PAR MN 55444 PIN: 273224140045 MATHEY scon A & KAT 14680 HUMMINGBIRD ST NW / ANDOVER MN 55304 PIN: 273224140046 LEE MUAMENG T & YVON 14672 HUMMINGBIRD ST NW ANDOVER MN 55304 PIN: 273224140047 CONTINENTAL DEVELOP 12301 CENTRAL AVE NE #230 BLAINE MN 55434 PIN: 273224140048 PLOHASZ GLENN M & TA 1737 146TH LN NW ANDOVER MN 55304 PIN: 273224140049 scon OLMSTEAD BUILD 1874 132ND LN NW COON RAPIDS MN 55448 PIN: 273224140050 CONTINENTAL DEVELOP 12301 CENTRAL AVE NE #230 BLAINE MN 55434 3 PIN: 273224140053 BURROUGHS CHARLES J 14688 JAY ST NW ANDOVER MN 55304 HANSON BRADLEY L & H 14676 JAY ST NW ANDOVER MN 55304 MOFFAT SCOIT A & CHE 14664 JAY ST NW ANDOVER MN 55304 KAUFFMAN JOAN E & RA 14652 JAY ST NW ANDOVER MN 55304 HERBST BRIAN & JAN M 14640 JAY ST NW ANDOVER MN 55304 " PIN: 273224140054 PIN: 273224140055 PIN: 273224140056 PIN: 273224140057 " ..,;""'" ,', ~'17b~~Q~I'\'t:<l0I1/1 'l.~F"IOjl I~~!r ~j '/ ~le'I.~/t ','~Su \'~i"'C/..uocc! 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I :/- ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1995 AGENDA SECTION foo.O Discussion Item ORIGINATING DEPARTMENT Todd Haas, Engineerin~ APPROVED FOR AGENDA ITEM foo.O Public Hearing/9s-7 Oak Hollow streets BY: ,~j/ J)V~ 02. The City Council has scheduled a public hearing for 7:00 P.M. for Project 95-7, for the Oak Hollow area. Attached are the following: i 1 * Resolution ordering improvement * Letter to property owners * Public Hearing Notice * List of property owners * Copy of original petition and map received buy City Note: The feasibility report was in the May 16, 1995 packet. Please bring this to the meeting. The orginal petitioned area had the following infromation: Total number of lots - 17 (includes Oak Hollow Park) Number in favor of improvements - 9 Number against - 0 Number unavailable - 8 (includes park) The City is responsible for 1 unit for the park as indicated in the assessment manual. 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 STREETS PROJECT NO. 95-7 IN THE OAK HOLLOW AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 078-95 of the City Council adopted on the 16TH day of MAY , 19~, fixed a date for a public hearIng; and WHEREAS, pursuant to the such hearing was held on the 19~; and required published and mailed notice, 6TH day of JUNE WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 95-7 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate CITY ENGINEER as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. the City Council at a regular meeting this 6th and adopted by day of MOTION seconded by Councilmember June , 19 95 , with Councilmember voting in favor of the resolution, and Counci1member voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk , / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENT PROJECT 95-7 OAK HOLLOW AREA NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W. in the City of Andover, on Tuesday, June 6, 1995 at 7:00 P.M. or shortly thereafter to consider the making of the following improvement: street Construction The property to be assessed, pursuant to Minnesota statutes Section 429, for such improvement is within the following ,described area: Oak Hollow and Adjacent Area located i~ Section 13-32-24, Anoka County, Minnesota The estimated cost of such improvement is $81,459.00 CITY OF ANDOVER ,tL~ d~ Vlctorla vol - Clty Clerk .J Dated: May 23, 1995 publication Dates: 5-26-95 6-02-95 , / / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 " May 23, 1995 Re: Proposed 1995 street Construction in the Oak Hollow Area. (Project No. 95-7) Dear Residents: A feasibility report has been prepared to deterrmine the estimated cost to pave the streets in the Oak Hollow area. Discussion: We are proposing to construct a new street with 2.5" bituminous paving and 4" of gravel base, 24 feet wide, with 2 foot grass shoulders on each side for erosion control. Estimated Cost: / The estimated cost is $4,792.00 per lot. This cost is only an estimate, actual costs would be obtained through the bidding process. This cost can be assessed over a 10 year period at about 7% interest or the assessment can be paid in full with no interest within 30 days after adoption of the assessment roll. Assessment Period/Cost: The estimated assessment payment over 10 years at 7% interest is $56.00 per month or $668.00 per year. If you have any questions, feel free to contact me or Todd Haas at 755-5100. sincerely, alJ~ Scott Erickson, P.E. City Engineer SE:pg 13 32 24 31 0003 Clayton & M.E. Ortte1 428 Constance Blvd NW Andover, MN 55304 13 32 24 34 0002 ,ry & Lillian Ortte1 ~/4 - ls9th Ave NW Andover, MN 55304 13 32 24 34 0007 Larry & carolyn Hovgaard 577 - 158th Ave NW Andover, MN 55304 13 32 24 34 0008 Richard & Barbara Bassing 546 - 158th Ave NW Andover, MN 55304 13 32 24 34 0012 Paul T. & Kristen Knock 15833 Ilex St. NW Andover, MN 55304 13 32 24 21 0006 - ',ty of Andover , ~k & Recreation Comm. 1685 Crosstown Blvd NW Andover MN 55304 13 32 24 31 0004 Patrick & Jo Sprague 525 - 159th Ave NW Andover, MN 55304 13 32 24 34 0003 Stephen & Mary Hamment 524 - 159th Ave NW Andover, MN 55304 13 32 24 34 0006 J.K. Campbell & D. Grimes 531 - 158th Ave NW Andover, MN 55304 13 32 24 34 0009 Gregory & K. wieczorek 496 - 158th Ave NW Andover, MN 55304 13 32 24 34 0013 Stephen & Anna Schlueter 15783 I1ex st. NW Andover, MN 55304 13 32 24 42 0009 Sheila L. st. Hilaire 383 - 159th Ave NW Andover MN 55304 13 32 24 31 0005 Richard & Lisa Blackwell 428 Constance Blvd NW Andover, MN 55304 13 32 24 34 0004 Michael & Karen Mills 15876 I1ex st. NW Andover, MN 55304 " 13 32 24 34 0005 William & Rebecca Spence 15818 Ilex St. NW Andover, MN 55304 13 32 24 34 0011 Charles & A.R. Loegering 15883 !lex st NW Andover, MN 55304 13 32 24 34 0014 Clayton & M.W. Orttel 428 Constance Blvd NW Andover, MN 55304 ,0" \. .L~\. / CITY of ANDOVER , . ......... Gentlemen: Date: Apr:1 :2'1,;99S- q 5"- 7 " " No. We, the undersigned, owners of real property in the following described area: Oa./t!. Hollo w ArePo- .---.-.- - -- -_.- ----.------- do hereby petition that said portion of said area be improved by Construction of City 5"-h'ee:ts - B ;TU....,i",e\.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 ft, Lf?S / ..,n1 Q'%o( , 6~ 5e- I~~~~NW. -/ Mr-i' rn".s: 11711/ h /5?7(, / LE;C - /G.J.J-{ / 6Y; l <?s- EL-G-tC )C e.-/....S I~ Ict7 I s-y C; / ,.(/,0 >< ' ,t,:Y' S31 ,-~....- 't-./G' J'-Iw X- 1':1'-' - :sf {,(J Y 5"7"1- /:r'7d~#-L.J )(1 b< ~ ~<..L. <: ..k. ./ 'j" 1 (,..., I This petition was circulated by:_, ARNIT A LOEGERING Address: (-.\ '5883 ILEX STREET NW - ANDOVER MN 55304 I \ ' . .. '." ~ ~ I I \ ~. .....\~ l . ~ .~< I , . I .' \ ~ " I . , 10 il'\' ~, , - 1'" - ~ \ . V' 163" ~ .- -- 7 ;je - - . -,- . ... - - I~~ - - '(7 ~ 1601 - '\4'l.. ~; I \\01 r, . ~ '--- ; ~ ~ r- ,. J R ~ .. - L ~ I ~13 ;1j ~ T i1.j ; .... ,f) ~ '1~ I -, ~ ~ ~ /6080 i jJ 1& '"' "069 . 1 Q ~ '" .... ".. ~ '-" ~ - ... J60-<<J :=" 1(.oZ./ j- lOOt __..,1' , A ;~~ /5q74- . .. ."- ~~ ~ l.'] ~_J_'~_: '" I " : V'l : r, o>~ ~ ~ \n ... ::':f.....~ 1'\ l~ -.< .,.. .-.:.r 1',; , ~ yo I~ ""'-= ~ ,-,,; i ~ -~- --- - .... &:; 7 ;r I() 1~&7" ~ ~ . . \('l @ G) : GJ - . (j) p '- ~ J G)~ "c', I~~ /'l1; - I~~ , !l ~~ J~ .., ~ ~ ' t- ~ I ..... ~1!l~ ~ ~ ~<i) '1 ,<.~' r:f ~~, " ~ ~.' . . A ~ .::' ~; \(\ ~ ~ ~ ,... fi r :::- . . m lC) r- ... i ~ .. A - 1~ .. .. W, ~ ~ "lUt -k ,~ ~ ~ I .. ~ ~ "'" 1 ,. -:- ~ <:,. l' 1'5'oZ.0 .e- o- , .. - Pi I~ I ,. ~ t - ~, -- . ill . t.: R r~ ~ ~ I?'''o.! ~ IS> ~~ I!Iocl. ~ I!'Iool. ~'" -I - :: $, ~ ~~~~ ~- l' t i'-- "5 ~ ~ ~ ~~~ '...w, I 15'570 r'9f l'! I!' i i= ~ ~I J Ij ~R~ &Ia ! Il , fl~~\\ ~tl& -+25' e. I , I I ~ - / ! I I I ~ n3~ e 24 t ,~~ I - , l CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " AGENDA foo.O SECTION DATE ORIGINATING DEPARTMENT June 6, 1995 Discussion Item APPROVED FOR AGENDA ITEM foo.O Richard Fursman City Administrator Computer Presentation /Superior Computers BY: B;'vl- 3, staff is at a critical state with the present computer situation. The present system is failing several times a day because of overload. Simply put, our computer system is functionally "broken." , I Mark Smith, from Superior Computers has spent three months with staff in a needs assessment study. He will be presenting his findings. The Council is NOT requested to make a decision on the computer system, however, staff will be requesting direction on a number of options to be presented. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE ITEM Rescind Ordinance 87 foo.O Snowmobiles Todd Haas, ~ Engineering ;(Y' APPROVED FOR AGENDA AGENDA SECTION foo.O Discussion Items ORIGINATING DEPARTMENT ~/Jy~ if. The City Council is requested to rescind Ordinance 87/snowmobiles and ATV's which has been proposed to be rewritten. See next agenda item. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE ITEM Adopt Snowmobile and ATV foo.O Ordinance Todd Haas, Engineerin~ APPROVED FOR AGENDA AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT BY:a~JZ 5, The city Council is requested to adopt an ordinance regulating the operation of All-Terrain Vehicles and Snowmobiles within the City of Andover. Attached are the following: * Proposed Ordinance * Members of the Snowmobile Task Force The major proposed revisions include the following: * Require a Minnesota Snowmobile Safety Certificate for any youth betqeen the ages of 14 and 17. * Cannot speed in excess of 15 miles per hour on any public City street. * Cannot speed in excess of 15 miles per hour on any County Road or any County State Aid Highway in an urban district. * Snowmobiles would be prohibited anywhere along Round Lake Boulevard between 133rd Avenue NW and South Coon Creek Drive. Planning and zoning Commission Recommendation The Commission did hold a public hearing on May 23, 1995. Very little input was made and the little input that was made was basically in regards to enforcement. The Andover Sno-Barons Snowmobile Club is working with the Anoka County Sheriffs Department in regards to enforcement. Otherwise, the Commission is recommending approval of the Ordinance as proposed. MOTION BY: SECOND BY: " CITY OF ANDOVER COUNTY OF ANOKA, STATE OF MINNESOTA ORDINANCE NO. " AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION 1. DEFINITIONS. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases, as used in this Section shall have the meanings set forth in the subdivisions of this section which follow. a. SNOWMOBILE - a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. b. ALL-TERRAIN VEHICLE - a motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) low pressure tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. I OWNER means a person, other than a lien holder having the property in or title to snowmobile or all-terrain vehicles and entitles to the use or possession thereof. d. OPERATE - to ride in or on and control the operation of a snowmobile or all-terrain vehicle. c. e. OPERATOR - means every person who operates or is in actual physical control of a snowmobile or all-terrain vehicle. f. ,ROADWAY means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. g. BOULEVARD - it that portion of the street right-of-way between the curb line and the property line. h. RIGHT-OF-WAY - means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. i. URBAN DISTRICT means the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter mile or more. j. PUBLIC LANDS - public parks, playgrounds, trails, paths and other recreational area and other public open spaces; Page 2 . scenic and historic sites; schools and other public buildings and structures. k. SAFETY OR DEADMAN THROTTLE is defined as a which, when pressure is removed from the accelerator or throttle, causes the motor disengaged from the driving track. device engine to be SECTION 2. PERSONS UNDER 18 YEARS OF AGE. No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator or a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this ordinance and make a direct crossing thereof only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as provided by Minnesota Statutes, Section 84.86 as amended. It is unlawful for snowmobile to be section. the owner operated of a contrary snowmobile to permit the to the provisions of this SECTION 3. OPERATION ON PRIVATE PROPERTY. No person shall operate an all-terrain vehicle or lands not owned by the person without the permission of the owner, occupant, or lessee provided that in the case of oral permission, the or lessee of such lands is present. snowmobile on written or oral of such lands, owner, occupant, SECTION 4. OPERATION ON PUBLIC PROPERTY. a. Operation Generally. Except as otherwise specifically permltted and authorized, it is unlawful for any person to operate a snowmobile within the corporate limits of the City of Andover in the manner set forth in the following: 1. No person shall operate an all-terrain vehicle or snowmobile within the City of Andover including, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses, except snowmobiles may be operated on designated snowmobile trails or designated accesses thereto. .' 2. No person shall operate a snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county state aid, or county highway within the City of Andover, and in the case of a divided trunk or county highway, on the right-of-way between the opposing lands of traffic. No person shall operate a snowmobile on City streets, except on the shoulder of the roadway, or in the absence of an improved shoulder, on the righthand-most portion of the roadway (not on boulevard areas) and in the same direction as the street traffic on the nearest lane of 3. Page 3 I the roadway adjacent thereto. In addition, snowmobiles shall take the shortest route on any City street to access any County Road or County State Aid Highway or any designated snowmobile trails. 4. On a public sidewalk or walkway provided or,.used for pedestrian travel. 5. At any place, while under the influence of an alcoholic beverage or controlled substance. 6. At any speed in excess of 15 miles City street or elsewhere at a rate reasonable or proper under circumstances. per hour on any public of speed greater than all the surrounding 7. At any speed in excess of 15 miles per hour on any County Road and County State Aid Highway in an urban district. All other County Roads and County State Aid Highways not in an urban district must comply with Minnesota Statutes or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. 8. At any place in a careless; reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. 9. So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. 1 10. At a speed greater than 15 miles per hour when within one hundred )100) feet of any riverbank or lake shore; or within one hundred (100) feet of fishermen, ice houses or skating rinks, nor shall operation be permitted within one hundred (100) feet of any sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. 11. In a manner so as to create loud, noise which disturbs, annoys, peace and quiet of another. unnecessary or unusual or interferes with the 12. After 11:00 PM Sunday through Thursday and before the following day, and between the hours of 1:00 8:00 am Saturday and Sunday. 8:00 AM AM and 13. Such operation is not permitted within fifteen (15) feet to any public sidewalk, walkway or trail. 14. It shall be unlawful for any person to drive or operate an all-terrain vehicle or snowmobile in a tree nursery or planting in a manner which damages or destroys growing stock. 1 Page 4 SECTION 5. / A snowmobile ma provl e make a direct crossin " a. The crossing is made at an angle o~ (90) degrees to the direction of the and at a place where no construction safe crossing. approximately ninety street or highway prevents a quick and b. The snowmobile is brought to crossing the shoulder or main highway. a complete stop before traveled way of the c. The driver yields the right ,of way to all oncoming traffic which constitutes an immediate hazard. d. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another pub1~c street or highway. e. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-had (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. f. A snowmobile may make a direct crossing of a street or highway provided a snowmobile may be operated upon a bridge, other than a bridge that is the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible; provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within one hundred (100) feet of the bridge, and the crossing is made without undue delay. SECTION 6. No person shall operate a snowmobile along any City Street or County Road/County State Aid Highway as shown on the attached map as "prohibited". SECTION 7. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians which constitute any immediate hazard. SECTION 8. , / An all-terrain vehicle or snowmobile may be operated upon a public street or highway other than as provided by Section 4 in an emergency during the period of time when and at locations where the condition of the roadway renders travel by automobile impossible. Page 5 SECTION 9. EQUIPMENT. It is unlawful for any person to operate a snowmobile or all- terrain vehicle any place within the corporate limits of Andover unless it is equipped with the equipment set forth as follows: 1. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile or all-terrain vehicle under any conditions of operation. 3. A safety or so called "deadman" throttle in condition, as that when pressure is removed accelerator or throttle, the motor is disengaged driving track. operating from the from the 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness under normal atmospheric conditions. a. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. b. It shall be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during the hours of darkness under normal atmospheric conditions. c. Such equipment shall be operated between the hours subset or one-half (1/2) of reduced visibility. in use when the vehicle is of one-half (1/2) hour after hour before sunrise or at times SECTION 10. LEAVING SNOWMOBILE UNATTENDED. Every person having a snowmobile in a public place shall lock the ignition, remove the key and take the same with him. SECTION 11. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, otherwise take or attempt to take any animal, wild with a snowmobile. run over, kill or domestic, SECTION 12. , J A residential subdivision etc. with just cause, and a majority of 80% or more can petition for City Council to be designated a no snowmobile area. Just cause meaning all other attempts to control snowmobile violations of the ordinance have failed. Page 6 SECTION 13. PENALTY. / Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $700.00 or by imprisonment of not more thap 90 days, or both, plus costs of prosecution in either case. SECTION 14. EFFECTIVE DATE. This Ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the City Council of the City of Andover this day of I 19 CITY OF ANDOVER ATTEST: J.E. McKelvey Mayor Victor~a Volk City Clerk , I . :: " , , I ~ I~- ~ z..........~>~... ~ . I .\ I!~ ~ ! ~ I : lid, ; i : ii' -.! I . . C. ,I ~l- i . . " C I' 0::<( I i w ~ .Jb..1 >.: Ill! o I ~~~~ ~LLI= O Jt. i...... ""IIllI. ,mm >-01 l- 0 i...... _ n"," U...I illli !!: ~: ,; TASK FORCE FOR SNOWMOBILES " " Wayne Ness 14268 Round Lake Blvd. NW 427-6962 686-2260 or 2269 (w) " Kevin Doucette 14469 Xeon St. NW 434-1327 president of Andover Snowmobile Club Pete King 719 ls7th 434-0419 Sno-Barons Snowmobile Club Merwin Larsen 17844 Xeon St. NW 434-9106 Carolyn Fisher 1348 - 149th Ln. NW 434-9082 671-3254 (w) Randy Peek 13405 Uplander st. NW 755-5249 Planning and zoning Commission Member Bonnie Dehn 16485 Tulip St. NW 753-2806 City Council Member Todd Haas 755-5100 (w) City of Andover Staff Member CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1995 AGENDA foo.O SECTION ORIGINATING DEPARTMENT Scott Erickson, I( Engineering rJ APPROVED FOR AGENDA Discussion Item ITEM foo.O BY: Award Bid/93-7/City Hall Park Complex #2 Irrigation t.. The city Council is requested to approve the resolution accepting bids and awarding a contract for the improvement of project 93-7, city Hall Park Complex i2 Irrigation, to Mickman Brothers Nurseries in the amount of $126,631.00. Bids were opened at 11:00 AM on May 17, 1995. There were 4 bidders on this project. The bids for this project are as follows: Base Bid Alt. A Alt. B Total (Alt. B not included) Mickman Brothers Nurseries $74,875.00 $51,435.00 -$2,000.00 $126,631. 00 Albrecht Company Emerald Irrigation $75,875.00 $89,900.00 $51,400.00 -$100.00 $49,995.00 -$500.00 $127,257.00 $139,895.00 Innovative Irrigation & Landscaping $75,950.00 $65,000.00 -$200.00 $140,950.00 Engineer's Estimate $80,000.00 $60,000.00 $140,000.00 Mickman Brothers has successfully performed work for the city in the past. (Con't) '. ) MOTION BY: SECOND BY: (Con't) / The project was bid with a base bid which included the irrigation for the ball fields with the necessary controls and appurtenances. An Alternate A was also included for exterior area irrigation installation. In addition, an Alternate B was added to the contract for the installation of a vacuum breaker in place of the specified back flow preventer for the irrigation system. The Council is requested to consider award of the base bid and Alternate A at this time. Alternate B would be deducted by a change order after a thorough evaluation is made on their supposed deduction. The Park & Recreation Commission has recommended award of the base bid & Alternate A for the amount of $126,631.00. The funding for the project will be from Park Dedication Funds. .' 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. 93-7 FOR IRRIGATION CONSTRUCTION IN THE AREA OF CITY HALL PARK COMPLEX i2 WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 043-95 dated April 4, 1995 , bids were received, opened and tabulated according to law with results as follows: Mickman Brothers Nurseries Albrecht Company Emerald Irrigation , , Innovative Irrigation & Landscaping Engineer's Estimate Total Base (Alt. B not Bid Alt. A Alt. B included) $74,875.00 $51,435.00 -$2,000.00 $126,631. 00 $75,875.00 $51,400.00 -$100.00 $127,257.00 $89,900.00 $49,995.00 -$500.00 $139,895.00 $75,950.00 $65,000.00 -$200.00 $140,950.00 $80,000.00 $60,000.00 $140,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Andover to hereby accept the bids as shown to indicate Mickman Brothers Nurseries as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Mickman Brothers Nurseries in the amount of $126,631.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. Page Two City Hall Park Complex i2 proj. 93-7/Irrigation June 6, 1995 MOTION seconded by Councilmember and adopted by the meeting this 6th day of City Council at a regular June , 19~, with Counci1members voting in favor of the resolution, and Counci1members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: victoria Volk - City Clerk , , TABULATION OF BIDS City Hall Park Complex #2, Project 93-7 City of Andover, Minnesota C< 'nission No. 10483 I Bids Due: II :00 AM May 17, . 1994 1'"c.JJ"~ Albrecht Company @ Emerald Irri ation -500 -iI 9 8'1S.00 0 Green Acres S rinkler Co. Innovative Irri ation & Lan / Mark J. Traut Wells, Inc. Mickman Brothers Nurseries V - Zoo 0 I -# I Z6 b3/.00 CD Twi,n Town Ird ation I I I I I I I I I I I I I i I ... , , / I I I I I I I I I I I I I ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I h",oo 0 I Enaineer's Estimate I I J~iOJ 00 0. I JI/,/C)oI 000 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1995 AGENDA SECTION foo.O Discussion Item ORIGINATING DEPARTMENT Scot~ Eri~kson,~( Englneenng (JJ L ITEM foo.O Sharon's 2nd Addition/Authorize Response to Heil Letter '1. APPROVED FOR AGENDA 0/ The City Council has received the attached letter dated May 8, 1995 from Clay and Deanna Heil of 14554 Bluebird Street. The Heil's have expressed a concern regarding the construction of a sedimentation basin constructed within the new plat Sharon's 2nd Addition. The sedimentation basin was constructed within the property boundarys of the Sharon's 2nd Addition to accommodate the runoff from the lots within the new development. The basin is located entirely on the developer's property and discharges to a wetland to the south. The construction of sedimentation basins are a requirement of the Wetland Conservation Act and the Coon Creek Watershed District, who enforces the Wetland Conservation Act. The sedimentation basin is constructed to remove sedement prior to discharge to any existing wetland areas. The basin is a dry basin and was engineered and designed similarly to the numerous basins that are located throughout the city. The basins are designed for proper maintenance and safety. The City has not chosen in the past to fence these areas. Mr. and Mrs. Heil have noted that they will be present at the council meeting and would like to discuss this item with the Council. ,. I MOTION BY: SECOND BY: Dear Andover City COlmcil, 5- B -9 S I am writing tins letter to voice some very serious CGiH:ems I hal';; about the development of the cul-de-sac in Andover off of .Andover Blvd., between Dr:::ke and Bluebird st My main concern is the pond tll.1t is being put in. First off all, afte;' t::Hdng tn some people I donlt understand why it is being put in, period. From what I've been told there is no reason why steps couldn't be ta!.Cll to use lhe cxbling pond that is right there already (I am talldng about the pend th:lt is en the pmpertj' ef 1425 Ande\'er Bluebird. There is also a huge pond (mote) being put in right across the street from us. I lmow that I am not a engineer and do not have lmowlcdge about drainage, but I do Imow that I have seen plent)' of developments that do not have 1 let alone 4 different ponds in the area that is around here ( I am referring also to the one across Andover Blvd. in Old Colony Estates). It seems to me that there could be a way that the existing pond could be used so that a new one wouldn't have to be put in My reasoning for questioning the need for the pond is for one reason, and one reason only, and tlL1t reason is Siifety. I have Iivecl here for 6 years, and with 3 children ages 6, 3 and 1 we are outside alot. My two oldest children phy outside frequently with the other neighbor childrClL That pond is just a little to close for comfort, it is right on our property line, and I would never eV'en let my Iuds out that door uuless I w~s right there with them. I consider myself somCiine who watches my chiHrcn very well, but there is obviously times when the kids could be out in the yard playing while I'm ~eHing hmch or something. We inquired if there would be a fence arO!md the pond and we were told that there would not be. PcrsorullI)', this mal{cs me ~ little furious that the city isnlt wi!ling to spend the IIHmey to make sure that it will be a safe environment for our cr':.ildren who !ll1ve been here for )'cars and pius the tm~s that "ill be moving into that cui-de-sac. I could UIld::rst:md if I WitS moving into a home that the pond was already there, obviously then I would i-:now the situation, but the fact is for you to put a pond literally in my bacl\j'ard you are really forcing me to 1) move (which we couldn't do even if we wanted). 2) Keep my children in the hm.sc constantly unless I can be with them with both eyes on them at all times. (I h.1Vcn't even discussed the issue of the kids playing on it when the ice might be to thin during the winter time). 3) Just let life go on as nonnal and take the chance of one my children (or neighbors) being seriously hurt or even killed in that pond.' ~ 'i'(~ ~ .... r'1 'B ~ .~ c; M .~. , ~ y ( i995 1 ;;;--0 --. ~'"'" / f:" -..; AN,....o. .... '.It"? '" . €Q Last summer we inquired about what the code or requirements would be for us if we were to put a 4 feet ABOVE the growuI pool, amI we were told that we would have to fence the pool in (we might possibly get by without if the ladder was detachable). I'm wondering were the standards or codes are for the city if they want us to fence in a 4 feet above the ground pool, and yet they won't fence in a pond that all children would have access to walking straight into. So. basically I am asking first of ail for JOU to reconsider the iocalhm of that pond, and secondlj' if for some extreme I)' impossible rc3son tlu~t j'our can't :llread)' me the existing pond (which I would like to know why) than I am asking yon to care enough about the children who will be pla)'ing in this area to fence the entire pond in. We did not move into this situation, JOu arc putfu"lg us in it. I also want to say that we arc not normaIl)' people who complain ilbout situations, we have put up with this road (Bluebird st.) being entirely disgusting with water and mud in the spring time and nits th..lt were awful to drh'e on for 6 years now and luiven't said one word, but when it comes to the safety of our children, I can't sit back and just accept this situation, We will be waiting for a response on tIns matter. We really hope that we don't have to take any kind of legal action, but it will be an option if somethhlg can't be done. Thank You, C-Qcua- i '~a^~ M Clay and Deanna Heil 14554 Bluebird Sf. ~doverl~ 55304 434-8597 z ) )0..." :0 .. " 0."" 0...", < '" 0 a " " 0'< . " . )0 H' co ..a ",,,a "'" wa oa .." ~ --'00 - SOUT H - Randolph W 1 If590 Blue ir .W, Make; r 5530f~ -~ "'" ,- ..... -, " or-,... ..." C. \') : ,'_'. : ~-. .':' , .. ~ ,.j ~ "'''''' ""':r "':r>: :r>:r ~ r CD I r",,,, ('DOJpI) ~ 1:" ~ ~ -'.- '- -- - -1 o ~ ) ~ -i ::0 6i c j~ -J~ 5; ~ fTI fTI J:> Z 11 -i -j ~ ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE AGENDA SECTION foo.O Discussion Item ORIGINATING DEPARTMENT Todd Haas, Engineerin~~ APPROVED FOR AGENDA ITEM foo.O Approve Eldorado Estates Final Plat BY: ~JP <g. The city Council is requested to approve the final plat for Eldorado Estates as requested by Jed and Peggy Larson in Section 7, Township 32, Range 24. Comments \ ) The final plat is in compliance with the preliminary plat. There are some minor revisions that were made on the final plat because of a chicken coop that was too close to the property line. It is recommended that the plat be approved subject to the following: 1. 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 provide a performance bond or a one-year warranty escrow as determined for the street and storm sewer improvement as determined by the City Engineer from the time construction is complete. 4. The developer escrow for the uncompleted grading and street construction of the site which is to be determined by the City Engineer and shall enter into a development contract with the City. 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 by the city. CONTINUED ) MOTION BY: SECOND BY: 5. Street light cost to be paid to Anoka Electric Cooperative. Costs shall be determined by Anoka Electric Cooperative. 6. Park dedication as determined by the Park and Recreation Commission. 7. Receipt of all (if necessary) drainage and utility easements outside the plat. Note: The variances in the resolution were approved as part of the preliminary plat of Eldorado Estates. / I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 'A RESOLUTION APPROVING THE FINAL PLAT OF IAS BEING DEVELOPED BY JED AND PEGGY LARSON 32, RANGE 24, ANOKA COUNTY. ELDORADO ESTATES IN SECTION 7, TOWNSHIP WHEREAS, the City Council approved the preliminary plat of ELDORADO ESTATES ; and WHEREAS, the developer has presented the final plat of ELDORADO ESTATES WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of ELDORADO ESTATES contingent upon receipt of the following: 1. The City Attorney presents a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs as 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 after construction of improvements are complete. 4. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer and shall enter into a development contract with the city. 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 by the City. 5. Street light costs to be paid to Anoka Electric Cooperative. 6. Park dedication is to be cash in liew of land as allowed in Ordinance 10, Section 9.07. BE IT FURTHER RESOLVED citing the following: 1. A variance from Ordinance 10, Section 9.036 as the street exceeds the maximum allowed of 500 feet. The proposed length is 940 feet. 2. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 3. The developer is responsible to obtain all permits from the Watershed Management Organization, DNR, Corps of Engineer, LGU, MPCA and any other agency that is interested in the site. ,I Adopted by the City Council of the City of Andover this 21st iday of February 19 95 . CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Volk - City Clerk I I i . r ~ ~z ,..!; !. !!~ f i~r~~~ - 8 : ~ ":~d~ .~ .;~ bu~ ~ ~ f ";m) 8 ~ . . I~U~ ~ ~ ; I" "I ~i ! ~ n~ ~""';(I ij ~~ ~; i~ ~!!, i~ !!~ ~~ ~~ :-l~ ~~, I~ o III illg , . ~ ~~ pill i 5 CAINE & ASSOCI~TES, INC. 612 434 7646 r I I I .\ ~ f I I ..~ tJ1 .. " - ~~ j J M OO'23'OQ"W C\ : Q~' ~ \[\ t. s: "-< ~~ ,fJl :)1 i o. z ~ <:: :> ~ '~i ~ ~ ~~ ~ ..~ ..:> - ~ ~ P.Ol " . , . . n ~ ~t:rj ~b ~o ~, > ~ 0 trj U) n~ 0> ~~ oU) ":l ~ 0 ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE AGENDA SECTION NQ Discussion Item ITEM foo.O Purchase Easements/Drake street Project 94-6 ORIGINATING DEPARTMENT APPROVED FOR AGENDA Scot~ Eri~kson A~ Eng~neerlng ()' q. BY: }P 9 A portion of Project 94-6, the installation of water, sewer, streets and storm drainage for the Hartfiel's Estates neighborhood, included installation of a storm drain pipe from an existing ponding area north of Drake Street, to provide a outlet to this pond. The proposed location of the storm pipe would require the purchase of easement from both the Lee and the Nelson residence at this location. We are currently negotiating a purchase price with the property owners for this easement. This \ item will be presented at the council meeting for your ) consideration '. , J MOTION BY: SECOND BY: . ./ \N -15 3>1 tJO ~ . t;{\~ 9-9 3~nlJn i'S J I II lO~lNOJ 13l @ yo (I I I OO'OOl _0 _ 'OOl - -- - -- CLe. J J I - /SO"1) I "It <0 I 0 PI'..po.. eJ o S p 0 E"".s~~,,1- 0 o' =* ' l[) 0 ~ - 0 ~:'* i I ~\ 0 l[) 1 PI''''''''''''/ .:5';",,,,, \' "\ ~ \\ Plf-t- \ \ =* I \l Q\ 0 ~I _0 ~I \ \t!l (!) 00+0 I (!) 0 \ I I @ ~O OO'OOl OO'OOl OO'OOl 0 II O~ II ] I I I II I I . I 0 g I 0 II 0 0 0 I"') r "It 0 L!) 0 I! l[) l[) l[) ~ N N ~ ('.l ~ I II JOO .' II - - 'aD - ----l - -- OO'OOl II uu l OO'OOl I s: - - - - - -- - -- - -- --1 II S3.:J II II I ~ . . .-!._.-.~__ ....____~__J__. _~.~..__ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE AGENDA SECTION NQ Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NQ Receive Petition/95-9/Forest Meadows Streets Todd Haas, \l Engineeri~(j {))- /tJ. 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 95-9, in the Forest Meadows and adjacent areas. Proposed total number of lots - 24 (includes Oak Hollow Park) Number in favor of improvement - 13 Number against - 8 3 Number unavailable - (includes Park) Note: The city is responsible for 1 unit for the Park as indicated in the assessment manual. \ MOTION BY: SECOND BY: I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET CONSTRUCTION FOREST MEADOWS AND ADJACENT , PROJECT NO. 95-9 AREAS. IN THE WHEREAS, the City Council has received a petition, dated May 18 , 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 Counci1member and adopted by the City Council at a regular meeting this 6nd day of June 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 \~-""'\, '.. .J... ..: . ' .p {Tl If L u t- '2.. .,-...........~ CITY of ANDOVER RECEIVED MAY 19 1995 CITY LJr hl\jUUVER Date: ;..., - ( 'i{. " Cl-- 1 ,') / " No. QS--9 Gentlemen: We, the undersigned, owners of real property in the following described area: Forest:- fvlCQdo,,)c, do hereby petition that said portion of said area be improved by Construction of City Pc>vi-::; CbICtck-tco,o,''',J) of ,<;t:r"e:cts I ' and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. c-' ADDRESS LEGAL DESCRIPTION YES NO 17ct~i jl="7J/V S7 ~'ttl (Q I I I y ;< / ([) This petition was circulated by: Address: r.) ( ';?O() ( I' CO,) - ,/ (cj\': ," p^Jt '2- CITY of ANDOVER ~ 0\ '2.....- ~,..:,..",';....- Date: ,s- " No. fg, <:'1 c;- Gentlemen: We, the undersigned, owners of real property in the following described area: do hereby petition that said portion of said area be improved by Construction of City and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. I , (:J ,W 5-c1 /1/- ,{.... / This petition was circulated by: Address: (~-) ~.~ YE/NO 1 .X ()C ~ @ , ~ t; ~ ~ 0 :;; :;; ~ z ~ :;; :;; ~ ~ z ~ ~ ~ ~ ~ ~ ~ iD 0 ~ :;; ~ :;; z ~ ~ :;; :;; ~ :;; ~ ~ ~ ~ ~ " ~ z '" '" ~ ~ ~ ~ z ~ ~ ~ ~ ~ ~ ~ ~ ~ z 0 :;; ~ 4 i ~ ~ ~ ~ " 0 :;; ~ ~ ~ ~ Z ~ 4 ~ '" > Z 0 0 ~ > :; 4 4 ~ . . ~ Z -' ~ . ~ . U ~ . 0 Z 0 :; ~ 0 ~ . Z ~ 0 Z Z ~ . Z ~ . Z U 0 Z ~ 0 Z ~ i .. ~ e > z ~ z ~ U N > " " ~ 5 il . z 0 ~ 0 . z ~ ~ /'". /1." '" -- .. .- "',"'~ '~~ I~ ~O ~r~, 1/8~O ~I ,ill, '"~ 6J . J~ Ii ~ I~ I ~ /9OQI '8- C. ,,~, < ~ ~ I "WI ~ (ii" Im~ ";5\ 10rr = ~.--.:.... , A ~\PAA 11~' ~ ~Wi- @ @ 17811 1/!J08" !~ co ;l.t) <' .lJ I 1iI -I I : I "''' I . ! ~ ,,,,, ~----- - ---1----------- i "". : f I r--11711'1 I '1'90.1. ~ I -f 171~5 I I I ~ ~I I~.,,, J800.7 160S! '90:", ISo'" l~ 180'. Itot7 In..,,, {7'''' F I~'" i!:: 1 71"J" 11,..,S 117.,., ,;;; 111"'5 n,,,,, 11&'fS I I I I I I I I I I I , - ",.. ~"'" /7&1" '17'" /78', '78'16 3 T: /71Sf ''/1,. / / 'n. 1711'( 11715 111'''' ~- .. ,nlS 11""\ , L--.... IZ 17701 I~ s-~ r:1 ~ . I 1 i ~ J I , -1 - I I 1 L ~ I I I I i - i . I , I I I to ~ ! .~~ .~ -- -~ 0 ~ ~ 0 - ~ ~ ... 1iLL I ~ ~~ . . '''1; UJ ""'" 11582 17"i"i4- . , 17100 ,\ ,,\ "..... I I I I I I I I I , I < I ~ I I I I I 1l I I '2 1 I ~ 1 r j ,Y5 II III I /11'30 "''''' ,.. I w I.or /.., " , ./' '~6 I .to l~l>>J1 '''Coe & ~ '.'ill I i 1 /6"'-.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE AGENDA SECTION NO Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM foo.O Accept Feasibility Report/Order Hearing/95-9/Forest Meadows Todd Haas, Engineeri~ BY: ~ /1 The City Council is requested to approve the resolution recelvlng feasibility report and calling public hearing on improvements of streets~ Project No. 95-9 in the Forest Meadows and adjacent area. " / MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. I MOTION by Councilmember to adopt the following: A RESOLUTION RECEIVING ON IMPROVEMENTS OF PROJECT NO. 95-9 AREA. FEASIBILITY REPORT AND CALLING PUBLIC HEARING STREETS IN THE FOREST MEADOWS AND ADJACENT WHEREAS, pursuant to Resolution No. , adopted the 6TH day of JUNE , 19 95 , a Feasibility Report has been prepared by CITY ENGINEER for the improvements; and WHEREAS, such report was received by the City Council on the 6TH day of JUNE , 19 95 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 119,994.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 95-9 , for the improvements. / 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 119,994.00 3. A public hearing shall be held on such proposed improvement on the 20TH day of JUNE , 19 95 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember and adopted by the City Council at a REGULAR 19~, with Councilmember voting in favor of the resolution, and Councilmember meeting this 6TH day of JUNE voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. MCKelvey - Mayor Victoria Volk - City Clerk FEASIBILITY REPORT Forest Meadows and adjacent area Street Improvements Project 95-9 Andover, Minnesota June 1995 ( I I hereby certify that this report was prepared by me or under my direct super- vision and that I am a duly Registered professional Engineer under the laws of the State of Minnesota. czJdI /. J~ Scott Erickson, P.E. Date: May 31, 1995 Reg. No. 20833 I TABLE OF CONTENTS J TABLE OF CONTENTS INTRODUCTION DISCUSSION PROJECT COSTS AND ASSESSMENTS CONCLUSIONS & RECOMMENDATIONS APPENDIX - COST ESTIMATES FIGURE NO. 1 - STREET CONSTRUCTION AND TYPICAL SECTIONS -1- page No. 1. 2. 3. 4. 5 INTRODUCTION The Andover City Council has requested this report to determine the feasibility of paving streets within the Forest Meadows and adjacent areas (Xeon Street, 179th Avenue, Vale Street and Tamarack Street). The City received a petition from property owners requesting street improvements in the area. The property owners had petitioned for the project in 1994 and decided at that time not to proceed with the project. This feasibility has been revised from the previous report submitted. The streets in the area presently exist as 22 foot to 26 foot wide rural section roadways made up of a fine sand and gravel base. The proposed rural section would be 24 feet with grass / shoulders and shallow existing ditches, similar to that constructed in other parts of the City recently. This section is in accordance with the City standard for temporary rural residential streets. There are no recent traffic counts available for the area. An estimate of approximately 240 vehicles for the average daily traffic count may be made assuming that 24 of the lots in the area will use one of the roads and each lot will have 10 trips daily. Soil borings have not been taken in the area. preliminary investigation indicates a fine sand subgrade, we anticipate no additional soils investigation will be necessary prior to construction. The storm water runoff presently drains to the low areas in , , / and along the roadways and percolates into the soil. Existing corrugated metal pipe culverts facilitate the drainage in the ditches along the roadways. -2- DISCUSSION / ( The construction of the streets in the area will first consist of grading and shaping the roadways to the design grade and crown. Four inches of Class 5 aggregate base will then be placed over the prepared subgrade. The roadways will then be surfaced with two and one half (21/2) inches of Type 41 bituminous wear course. All existing driveways will be matched with gravel base and/or bituminous surfacing. The construction of ten foot long bituminous driveway aprons off the edge of the pavement is proposed for all exiting gravel driveways. Sodding with topsoil is proposed for the shoulder areas that will be disrupted due to the road construction. All other disturbed areas along the roadways will be seeded, utilizing imported topsoil. I -3- PROJECT COSTS AND ASSESSMENTS \ / The project costs for the street improvement are outlined in this section. The itemized cost estimates are provided in the appendix. Estimated Project Cost The project costs are proposed to be assessed to the benefitting property owners adjacent to the street on a unit basis. There are 23 lots and one park along the street which are proposed to be assessed. The cost per unit for the improvement based on 24 assessable units is $5000.00. -4- , CONCLUSIONS AND RECOMMENDATIONS The project as reviewed herein is feasible as it relates to general engineering principals and construction procedures. Based on information contained in this report, it is recommended that: 1. , / This report be adopted by the city of Andover as a guide for construction of the street improvements. The city conduct a legal and fiscal review of the proposed project prior to a public hearing. A public hearing be held to determine further action to be taken. The property owners adjacent to the roadway should be notified for hearing purposes. The following schedule be implemented for the project: Receive Preliminary Report Hold Public Hearing Order Plans & Specifications Approve Plans & Specifications Bid Date Award Contract Start Construction Complete Construction 2. 3. 4 . -5- June 6, 1995 June 20, 1995 June 20, 1995 July 5, 1995 July 27, 1995 August 1, 1995 August 14, 1995 Sept. 15, 1995 \ APPENDIX STREET COST ESTIMATES Item Unit Unit Price Estimated Quantity Estimated Cost Common excavation CY 1. 50 10,000 $15,500 Class 5 aggregate base TN 5.50 4,400 24,200 Type 41 bituminous wear course TN 17.00 2,100 35,700 AC-1 bit. material for mix. TN 130.00 136 17,680 Driveway replacement SY 10.00 906 9,060 Saw cut bituminous LF 2.00 480 960 Remove existing bituminous SY 2.00 480 960 15" CMP culvert LF 18.00 240 4,320 , 15" CMP aprons EA 50.00 24 1,200 ( , I Sod with topsoil 2.00 1,600 3,200 Seeding w/topsoi1 & mulch AC 2,000.00 1 2,000 Estimated Construction Costs $113,280 + 5% Contingency 5,714 Total Estimated Construction $119,994 ( mi.., ~ ~, .~- ./ III i -- ~ II ~ ~ l ill I w:: , III ill \ . ~ ill '- .. .. 181st Ave, N,W, " 6 6 3i Z ~ Vi <D 3i "" Z u 0 '\ ~ 2 Vi 0 2 ~05 2 E ~ " ~ ~ () :5 4 N o 200 400 I I Scale In feet TYPICAL SECTION 2-1/2" BIT. WEAR MATERIAL, TYPE 41 4" CLASS 5 AGG, BASE 2" TOPSOIL SHOULDER STREET IMPROVEMENTS ANDOVER, MINNESOTA '. FOREST MEADOWS ADDITION FIGURE 1 CITY PROJECT 94-7 .fl. 8onestroo ~ Rosene G Anderlik & 1\J1 Associates 17162S01,DWG MAY 1994 COMM. 17162 ~ ... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE AGENDA foo.O SECTION ORIGINATING DEPARTMENT Planning ~ David L. Carlberg Planning Director APPROVED FOR AGENDA Discussion Items ITEM foo.O Renew SUP Riverda1e Church 1657 161st Avenue NW ~~ bJ. REQUEST The City Council is asked again to renew the Special Use Permit granted to the Riverdale Church on November 5, 1991 and renewed on January 19, 1993 which permitted the construction of a church at the following described property: 1657 161st Avenue NW (PIN 15-32-24-14-0001) I Attached are the resolutions approved by the City Council on November 5, 1991 and January 19, 1993. Note that condition No.1 requires renewal of the Special Use Permit by the City Council. I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 014-93 A RESOLUTION RENEWING THE SPECIAL USE PERMIT REQUEST OF THE RIVERDALE CHURCH TO ALLOW FOR THE CONSTRUCTION OF A CHURCH TO BE LOCATED AT 1657 161ST AVENUE NW (PIN 15-32-24-14-0001), LEGALLY DESCRIBED AS: UNPLATTED GROW TOWNSHIP SE 1/4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 32, RANGE 24, EXCEPT EASEMENTS OF RECORD. WHEREAS, The Riverda1e Church has requested a Special Use Permit to allow for the construction of a church located at 1657 161st Avenue NW (PIN 15-32-24-14-0001); and 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 I 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; 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 allow the Riverdale Church to construct a church on said property with the following conditions: 1. The renewed Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(0) unless a renewal is granted by the City Council. 2. The renewed Special Use Permit will be subject to annual review and site inspection by City Staff. Adopted by the City Council of the City of Andover on this 19th day of January, 1993 CITY OF ANDOVER . , l~ ~!(dSi- ATTEST: . E. McKe vey, Mayor t~z~ /1:: Victoria Vol , City Clerk CITY 0 t ANDOVER COUNTY Of ANOKA STATE OF MINNESOTA ( RES. NO. R 153-91 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST Of THE RIVERDALE CHURCH TO ALLOW fOR THE CONSTRUCTION Of A CHURCH TO BE LOCATED AT 1657 161ST AVENUE NW (PIN 15-32-24-14-0001), LEGALLY DESCRIBED AS: UNPLATTED GROW TOWNSHIP SE 1/4 Of THE NE 1/4 OF SECTION 15, TOWNSHIP 32, RANGE 24, EXCEPT EASEMENTS OF RECORD. WHEREAS, The Riverdale Church has requested a Special Use Permit to allow for the construction of a church located at 1657 161st Avenue NW (PIN 15-32-24-14-0001); and 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; and WHEREAS, a public hearing was held and there ~as no opposition regarding said request; and WHEREAS, the Planning and zoning Commission r~comm~nds 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 allow the Riverda1e Church to construct a church on said property with the following conditions: 1. The Soecial Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D) unless a renewal is granted by the City Council. 2. The Special Use Permit will be subject to annual review and site inspection by City staff. Adopted by the city Council ~f the City of Andover on this 5th day of November, 1991 ATTEST: ~Ut V~ctor~a Volk, Clty Clerk c H u R c H "Our Church Can Be Your Home" Pastor: Stephen M. Gahagen P.O. Box 838 · Anoka, MN 55303-08~EC1EJ1/'L~',.D 434-8191 May 15, 1995 MAY 18 1995 Dear Dave & The Andover City Council: CITy vr ,--".,._,,_.vER I am writing to request an extent ion of the special use permit for Riverdale Church, located on the corner of 161st Ave. & Hanson Blvd. We are planning to begin construction of our first facility this summer. Thank You! Respectfully Submitted, ~~~gen Meeting At Andover School 14950 Hanson Blvd Future Site 161st & Hanson. Andover CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1995 AGENDA foo.O SECTION ORIGINATING DEPARTMENT ITEM foo.O Planning J) L.. '-- David L. Carlberg planning Director APPROVED FOR AGENDA Discussion Request Confirmation Letter - Resolution No. 203-88 - Rademacher BY' ~)J 1..3. Rademacher Companies, Inc. has requested a "comfort" letter from the city regarding a Special Use Permit granted on September 6, 1988. The Special Use Permit was for the installation of gas tanks, motor fuel and propane tanks on the property known as Lot 1, Block 6, Hills of Bunker Lake Third Addition. Construction has not commenced on said property to date. Rademacher Companies, Inc. is concerned with the validity of the Special Use Permit with the sunset clause provision added to Ordinance No.8, Section 5.03, Special Uses in 1990. Staff on October 24, 1989 sent a letter to wayne Anderson indicating that the restriction of a time limit was not included on the resolution granting the Special Use Permit. Staff will prepare a letter at Council direction. MOTION BY: SECOND BY: if!~~, 11U-. 6272.74 BOONE AVENUE NORTH BROOKLYN P ARK, MINNESOTA 55428.2793 Phone 612.536.9600 . Fax 612-536-1198 nrc',....~1l'l rr,... ..tll~....t",,"J~f':J :1 .t.. ,.LJ ,I May 17, 1995 " " MAY 1 H 1995 Cl1y "'-\""", :v.::p David L. Carlberg Planning Director City of Andover 1685 Crosstown Boulevard N. W. Andover, MN 55304 Dear Mr. Carlberg: 1 In addition to our anticipated retail development on Round Lake Boulevard, we are giving consideration to begin the development of Lot 1, Block 6, of Hills of Bunker Lake 3rd Addition, on Hanson Boulevard. In this regard, we would like to receive, as soon as possible, a "comfort" letter from either the city or the city attorney confirming that the city council resolution dated September 6, 1988 (Resolution #R203-88) approving a special use permit for the installation of gas tanks, motor fuel, and propane tanks, at the subject property, is still in force and effect and has not been voided by the sunset clause that was later added to the city ordinances in 1990. We appreciate your assistance in this matter. Sincerely, ~~~ e M. Ne~J:: ;j/-- Senior Vice/President & General Counsel JMN/dms , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (612) 755-5100 " \' October 24, 1989 Wayne Anderson IWilliam C. Rademacher and Associates 6272-74 Boone Avenue North Brooklyn Park, MN 55428-2793 re: 1988 Special Use Permits Dear Mr. Anderson: j Thank you for your letter of October 9, 1989 regarding the two outstanding Special Use Permits in the City of Andover. Upon further research, I must inform you that the Resolutions approved by the city Council did not establish specific time limits for the permits. Section 5.03 of Ordinance 8 states that the City may impose time limits if appropriate, however, they did not indicate such a restriction on the approved resolutions. I will pass this information on to Mayor Elling and City Clerk, vicki Volk. Please contact me with additional questions you might have on the development of these properties. - Jay Blake City Planner Enclosures c. r- \ ... ~ ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R203-88 ., / A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY WILLIAM RADEMACHER FOR THE INSTALLATION OF GAS TANKS, MOTOR FUEL, AND PROPANE TANKS PURSUANT TO ORDINANCE 8, SECTIONS 4.26 AND 7.03 AT THE PROPERTY " KNOWN AS LOT 1, BLOCK 6, HILLS OF BUNKER LAKE 3RD ADDITION. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has held a public hearing and there is no opposition; and ~HEREAS, after such review the planning and Zoning Commission recommends approval of the Special Use Permit citing the following: 1) the requirement is that 2,000 square feet of retail space be constructed prior to the time that the service pumps are installed and it is the intent of the developer to meet that requirement; 2) the Andover Review Committee will review the site plan prior to any permits being issued and to comply with all city ordinances, fire codes, building codes, etc.; and . WHEREAS, the City Council is in agreement with the recommendation given by the Planning and zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit request by William Rademacher for the installation of gas tanks; motor fuel and propane tanks at the property known as Lot 1, Block 6 of Hills of Bunker Lake 3rd Addition. I Adopted by the City Council of the City of Andover this 6th day of ____September , 1988. CITY OF ANDOVER Kew/~~~Yo, ATTEST: {L~W Victor~a Volk - c~ty Clerk ~, I " , / r. \ " / " n ~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R202-88 I ~ RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY WILLIAM RADEMACHER FOR THE INSTALLATION OF GAS TANKS, MOTOR FUEL AND PROPANE TANKS PURSUANT TO ORDINANCE 8, SECTIONS 4.26 AND 7.03 AT THE PROPERTY KNOWN AS OUTLOT A OF KENSINGTON ESTATES 3RD ADDITION. WHEREAS, pursua~t to published and mailed notice, the Planning and Zoning Commission has held a public hearing and there is no opposition; and WHEREAS, after such review the Planning and Zoning Commission recommends approval of the Special Use Permit citing the following: 1) the requirement is that 2,000 square feet of retail space be constructed prior to the time that the service pumps are installed and it is the intent of the developer to meet that requirement; 2) the Andover Review Committee will review the site plan prior to any permits being issued and to comply with all city ordinances, fire codes, building codes, etc.; and WHEREAS, the City Council is in agreement with the recommendation given by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit requested by William Rademacher for the installation of gas tanks, motor fuel and propane tanks at the property known as Outlot A of Kensington Estates 3rd Addi tion. ." Adopted by the City Council of the City of Andover this 6th day of September , 1988. CITY OF ANDOVER ATTEST: v~~o~LCity ~O"R ~ Ken Orttel - Actlng Mayor Clerk CLir.7, (le1>1 ~.(jJ <: . jC}AI-1 ~~I'"f LJ {t.-,O Regular City Council Meeting Minutes - September 6. 1988 Page 14 J RADEMACHER SPECIAL USE PERMIT/BILL'S SUPERETTE MOTION by Apel, Seconded by Knight, a Resolution approving a Special Use Permit requested by Bill's Superette to allow for outdoor sales during operating hours as required by Ordinance 8, Section 7.03, as presented. (See Resolution R201-88) Motion carried on a 4-Yes. 1-Abstain (Windschitl) vote. RADEMACHER SPECIAL USE PERMIT/KENSINGTON ESTATES Councilman Elling asked why they havenlt seen a drawing for the location of the tanks. stating in the past they have always been shown those locations. Wayne Anderson. representinq Rademacher - stated they located the islands, and they will locate the propane tanks in accordance wIth the Review Committee and FIre Department recommendatIons. He Is asking for the permit to dispense the products so he can buy the land. If he cannot get the permit. he wIll not purchase the land. The proposal is for a convenience store/strip shopping center. I MOTION by Apel. Seconded by Knight, a Resolution approving a Special Use Permit requested by William Rademacher for the installation of gas tanks. motor fuel, and propane tanks pursuant to Ordinance 8. Sections 4.26 and 7.03 at the property known as Outlot A of Kensington Estates 3rd Addition, as presented. (See Resolution R202-88) Motion carried on a 3-Yes, 1-Present (Elling) and 1-Abstain (Windschitl) vote. RADEMACHER SPECIAL USE PERMIT/HILLS OF BUNKER LAKE Mr. Anderson stated this situation is the same as the previous one, though there may be a possibility of flipping the plan around depending on what the county decides regarding the eventual closin9 off of the street by a medIan. MOTION by Apel, Seconded by Knight, a Resolution approving a Special Use Permit requested by WillIam Rademacher for the Installation of gas tanks, motor fuel, and propane tanks pursuant to OrdInance 8, SectIons 4.26 and 7.03 at the property known as Lot 1, Block 6, Hlils of Bunker Lake 3rd AddItion. (See Resolution R203-88) Motion carried on a 3-Yes, 1-Present (Elling) and 1-Abstain (Windschltl) vote. (Mayor Windschitl chaired the remainder of the meeting.) / P1-L Ai ." " ._-' ,.1-7 - , Andover Planning and Zoning Commission August 23, 1988 Meeting Page Five This item will go to the City Council on September 6, 1988. RADEMACHER SPECIAL USE PERMIT PUBLIC HEARING OUTLOT A KENSINGTON ESTATES 3RD ADDITION " Todd Haas stated that a special use permit (required by Ordinance Section 8, 7.03 and Section 4.26) was being requested by William Rademacher for the installation of gas tanks, motor fuel and propane tanks on the property known as Outlot A of Kensington Estates 3rd Addition. Commissioner Bosell stated that a special use permit was required to Ordinance 8, Section 7.03 in which it states that 2,000 square feet of retail space must be acquired before a service station could be installed. Also the site plan identifies the proposed structure as a shopping center; it should be renamed as a neighborhood business center. Chairman Perry opened the public hearing. Wayne Anderson, of Rademacher and Associates, stated that there would be development of the neighborhood business center next year. I Commissioner Vistad looked at the requirements of Ordinance 8, Section 8.08, Subsection E stating that there should be one space per 150 feet of floor area. He saw on the Rademacher plans that there would be 138 stalls, but 163 would be needed. Mr. Ariderson stated they would be in compliance with the City ordinances on this item. Mr. Anderson did not locate the propane sites because he was going to work with the City and fire marshall in determining the safest locations. Ms. Bosell asked if the site was 4 acres in size. Mr. Anderson indicated it was +/- 4 acres. There was some discussion on the requirements of the site plan as a commercial site plan application would include more detail -- grading plans, legal description, landscape plans, etc. There was discussion by the Commissioners that these would be requirements prior to development of the site, but would not be needed at this time. Motion was made by Commissioner, seconded by Commissioner to close the public hearing. All voted yes. Motion carried. Andover Planning and Zoning Commission August 23, 1988 Meeting Page Six Motion was made by Commissioner Bosell, seconded by Commissioner Pease that the Andover Planning and Zoning Commission recommends approval of the special use per~it request of William C. Rademacher from the property described as Outlot A, of Block 8, Kensington Estates (Kensington Plaza) for the installation of gas tanks, motor fuel and propane tanks. Pursuant to Ordinance 8, Section 7.03 and 4.26, this request is allowed in a neighborhood business district. In specific reference to a service station, the requirement is that 2,000 square feet of retail space be constructed prior to the time that the service pumps are installed and it is the intent of the developer to meet that requirement. A public hearing was held and there was no opposition to the request before the Planning Commission. The site will be reviewed by the Andover Review Committee at the time the development will begin as it pertains to such items as parking requirements, setbacks, green space, etc. In specific reference to the propane tanks, the maker of the motion would like to incorporate the same language as was applied to 14041 Round Lake Boulevard as it pertains to Bill's Superette and the addition of a propane tank on that property. Roll call: Commissioners Bernard, Pease, Perry, Bosell, and Vistad all voted yes. Motion carried unanimously. J This item will go to the City Council on September 6, 1988. RADEMACHER SPECIAL USE PERMIT PUBLIC HEARING. LOT 1. BLOCK 6. HILLS OF BUNKER LAKE. 3RD ADDITION The site is 4.2 acres. This is also a request by Mr. Rademacher for a special use permit for the installation of gas tanks, motor fuel and propane tanks on the property known as Lot 1, Block 6 of Hills of Bunker Lake, 3rd Addition. Chairman Perry opened the public hearing. Mr. Wayne Anderson commented that construction on this project would be next year. Marion Heidelberger asked for the exact location of the property. A motion was made by Commissioner Vistad, seconded by Commissioner Bosell to close the public hearing. Commissioner Vistad requested that Mr. Anderson review the allotted number of parking stalls and square foot requirements. Andover Planning and Zoning Commission August 23, 1988 Meeting Page Seven Motion was made by Commissioner Bosell, seconded by Commissioner Pease that the Andover Planning and Zoning Commission recommends approval of the special use permit request of William C. Rademacher from the property described as Lot 1, Block 6 of Hills of Bunker Lake, 3rd Addition for the installation of gas tanks, motor fuel and propane tanks. Pursuant to Ordinance 8, Section 7.03 and 4.26, this request is allowed in a neighborhood business district. In specific reference to a service station, the requirement is that 2,000 square feet of retail space be constructed prior to the time that the service pumps are installed and it is the intent of the developer to meet that requirement. A public hearing was held and there was no opposition to the request before the Planning Commission. The site will be reviewed by the Andover Review Committee at the time the development will begin as it pertains to such items as parking requirements, setbacks, green space, etc. In specific reference to the propane tanks, the maker of the motion would like to incorporate the same language as was applied to 14041 Round Lake Boulevard as it pertains to Bill's Superette and the addition of a propane tank on that property. Roll call: All Commissioners voted yes. Motion carried unanimously. This item will go to the City Council on September 6, 1988. BILL'S SUPERETTE SPECIAL USE PERMIT Todd Haas explained that a special use permit was requested by Bill's Superette to allow the outdoor sales during operating hours. Commissioner Bosell requested that all the property for the hot dog sale be contained within that property, and that no parking be allowed on 140th or Round Lake Boulevard because that intersection could be a traffic hazard. Also she suggested that the hours of operation be included, with the dates for the sales to be held too. Chairman Perry opened the public hearing. Motion was ,made by Commissioner Vistad, seconded by Commissioner Pease to close the public hearing. \ Andover Plannirig and Zoning Commission August 23, 1988 Meeting Page Eight I Motion was made by Commissioner Vistad, seconded by Bo~ell that the Andover Planning and Zoning Commission recommends to the City Council approval of the special use permit requested by Bill's Superette, at 14041 Round Lake Boulevard, Andover, Minnesota, to allow for outdoor sales during operating hours as required by Ordinance 8, Section 7.03. There was a public hearing held and there was no opposition. The proposed use will not be detrimental to the health, safety, or general welfare of the community. As a condition, a special use permit is suggested that the owner post no parking, if permitted by the County, on County Road Round Lake Boulevard and 140th during the sale. Also, the hours of the outdoor sale (8:00 a.m. to 8:00 p.m.) should be noted. The dates of the sales would be approximately mid-May and Mid-September, and would last for a three-day period, contingent on weather conditions. Roll Call: Commissioners Perry, Pease, Vistad, Bosell, and Bernard all voted yes. Motion carried unanimously. FAMILY OF CHRIST SPECIAL USE PERMIT / Todd Haas explained that the Family of Christ Lutheran Church was requesting a special use permit to allow an additional space for Sunday School. Chairman Perry opened the public hearing. Ted Larson, Chairman of the Building Committee, spoke about the amount of growth at the church, especially in families with children. The facilities of the church are very limited and they wanted to put an addition (separate building) that would house five classrooms. The size would be about 56 feet long. Commissioner Bosell had a question in regard to the parking because there is to be one space for each three seats or each five feet of pew line. She thought that with the addition of classroom space, they would probably need to increase the space for parking also. Ms. Bosell had a concern that the Church is on two County Roads and that the City did not want overflow parking to occur on either of those County Roads. She recommended reducing the size of the parking stalls from 10 x 20 to 10 x 18. A motion was made by Commissioner Pease, seconded by Commissioner Vistad to close the public hearing. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ~une 6 lqq~ AGENDA foo.O SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM foo.O City Clerk Classify "Biting Dog" V. volk 6.DJ BY: ~ Ii The City Council is requested to consider classifying the following dogs as "biting dogs": 1. A dog owned by Thomas Morgan, 4076 - 146th Avenue N.W. The dog bit a neighbor's child on May 28, 1995. In the past, the dog also bit another child in the same family as well as the owner's son. 1 2. A dog owned by Patricia Knoll, 17506 Verdin street NW. Her dog ran out onto Verdin street and bit a man who was riding his bicycle. In 1994 there were three reports that this dog bit other children. The reports from the deputies are enclosed for Council review along with resolutions declaring the dogs as "biting dogs". , , MOTION BY: SECOND BY: . J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 May 31, 1995 Thomas Morgan 4076 - 146th Avenue N.W. Andover, MN 55304 Dear Mr. Morgan: In accordance with Ordinance 53, the Dog Ordinance, the City Council will consider whether your dog should be classified as a biting dog as a result of an incident where the dog bit a child and other cases where your dog bit several other people. The meeting at which this will be discussed is Tuesday, June 6, 1995 at 7:00 pm at the Andover City Hall, 1685 Crosstown Boulevard N.W. / If you have any questions prior to the meeting, please call me. Sincerely, If. .I '(//.J ~A.J IJ'./,v victoria volk City Clerk CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 May 31, 1995 Thomas Quiring 4090 - 146th Avenue N.W. Andover, MN 55304 Dear Mr. Quiring: The City Council at their June 6th meeting will consider whether to classify a dog owned by Thomas Morgan as a "biting dog". You are invited to attend the meeting, which begins at 7:00 p.m., to offer any testimony. If you have any questions prior to the meeting, please call me. Sincerely, ~I# victoria Vo1k City Clerk SENT BY:A.C, SHERifF Agency: 001 5-31-95 ;11:35AM PATROL DIVISIO~755 8923 ;# 2/ 4 9~0B90Jl CASE DETAIL REPORT lnc No: 950a9~'~ JUVENILE INVOLVF~ ------------------------------- primary incident --------------------------_____ :-- ,II'lARY ACTIVITY: Dog bi tu JURIS: ,(:.1 CAll LOCATION. <11:176 1~6 avo n.... ll11dovElr,mn 56304 JATE-TII'IE OCCURRED: WEATHER, -No entry )ATE-TIME REPORTED: OS/26/95 15:20:59 PATROL AREA: GRID: 053000e TII'IE RECEIVED: 15:20:09 UNIT ASSIGN: 2%35 MIse: n L_ TIME DISPATCH; le>.21l;00 Of'FIce:R 11: Hl961 Dep. R. Bouley TIME ARRIVED: 15,30!0111 OFFICER #:2. - No ont...y TIME CLEARED: 1$:&2:00 HOW RECEIVED: - No Entry ------------------------------- lnCldent summary ------------------------------- ACTIV DATt: ISN IlY ACTIVITY DESCRIPTION DISPOSITION REpORTED 1 50003 Oog bites Assit./Advi OS/26/95 -----------------------------~----- offonoo.. ~ ------------------------------------ names ------------------------------------- (SN PSN H\ME TVPE FILE NAME & ADORI"~S DOB PHONE NUMBER-S- RACE SEX R-RES & B-BUS 1 4 juv quiring, sric mathew 0'3/09/90 w m R:612-323-6810 lictim 4090 146 ave nw 05ndov~r,mn 5530/1 MISC; PARE:NT: .- , 1 / 1 adult Quiring, thomas Wilde 05/13/56 w m Fh 612-323-6A 10 )9rson Reporting 4090 146 aye nw andover,mn 5530/1 8:612-2111-2357 rllse: EI'1PLDYER: 1 2 )wner MISe: adult morg~n. thoma~ 4076 146 ave nw w m R.G12-427-~42e andovar,mn 56304 EMPLOYER I 1 3 lunar MIse: adult morgan, wendy 4076 146 05VO nw w f R;~lZ-4Z7-24Ze andover.mn 55304 EMPLOVER: .---------------------------------- vehicle ------------------------------------ .-------------------------------.--- property ----------------------------------- .---------.------------------------- evidence ----------------------------------- !- 'U ',31-may-96 11.21 .' 96089037 o~sa summary 1 cew-prlnt20r02tl1Z1 S~T BY:A.C. SHERIff Igency: 003. 5-31-95 ;11:35AM PATROL DIVISIO~755 8923 ;# 3/ 4 Inc No: 960890~1 95089937 CASE DETAIL REPORT ~UVENILE INVOLVED __________________________________ narrative ----------------------------------- J rranQe~ibGr. koll -01 Action D~to-Timo, OS/28/95 10.33.33 )n ,5/26/95 I was dispatched to 4999 - 146th Avenue NW In Andover "6garding a dog bite where no medical attention was needed. Arrived and met ~lth the complainant. Thoma5 Wado Quiring, Doa, 5/13/56, who explained to me :hAt his 5 y@~r old son, Frio M~th~u Quiring, DOB: 3/9/99. had beDn bitDn by the neighbor's dog. I viewed the right underarm/chest area of Eric where I lad observed 2 bite locations where the skin was broken. however. there was no ~peclTic punctures. Mora or less scrapes or scratcnes. It was explained to ne by Eric that another nearby noighbor. known ~e Matthew, apparently had inadvertantly let the neighbor's dog at 4076 - 146th Avenue NW out of the )ack y~rd. the location being fenced. And that the dog being a German 3hepard known as Nattie. who is owned by Thom~s ~nd Wendy Morgan. had biten !ric unprovoKed. It was explalntid to me that the Qulrlngs were subsequently )ble to got tho dog baok into tho back yard after the b~to. QuLring$ !xplained to me that last October. 1994, their 2 year son. John. was biten Ln tho forehead by the same Shepard and that the Morgan's son, Ben, ~pparently had also gotten bit last fall by the German Shephard. However, it Ja6 believed the neither of the other bite~ h~d been reported. Tho Quirlng8 ~xplained th~t tho MOl'gan Shephard is continual at large and wanted the Moro~n / i'= .- ~ I'U.,.' 31-may-95 11: 21 95'89037 case narrative 2 c6w-print20r0Zt1121 SENT BY:A.C. SHERIff , . 5-31-35 ;ll:36AM PATROL DIVISIO~755 8323 ;# 4/ 4 ~gency: 001 Ine No: 95089037 95089031 ~R~E OETAIL REPORT JUVENILE INVOLV~O ---------------------------------- narrative ----------------------------------- / rroneoriber: kell -02 Action Dote-Time: e~(ZO(95 10:~7:Zq to be advised of ordinances and also the continual problem with their ~og biting. I e~plained to the Quiring that I would make contact with the ~org~n to verIty vaccination records and also that I would advise the Morgan ,f thu Anclovor ordinanoe regordlng doge biting. dog5 prevention of nulsances.=-= ,nd running at large. After clenrlng. I lat@r on thQ ~hlft did attompt to nako contaot with the Morgans, however, there was no anawer. I have mailed to them Andover ordinance #53, specifically that of the dog ordinanoe. I ~il1 ottempt to moke contact wIth the Morgans regarolng the vaccinations of Jhleh. howQvQr. I will not gnclo~Q any oupplGmont~l rGport~. However, I Jill advise the Qulrings of any vaccInation information IBarned. I havA ~lso submitted all Anoka County Dog !lite Report. I have no further information~ :no of raport:. .- !'.~ leputy R. S. Bouley \CSO Patrol ;tZf3/95 ~k "'!!!!!!!!::o 'un/31-mlly-95 11:21 95089037 caSA narrativp :3 e~w-print20r02t1121 !.- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION CLASSIFYING A DOG OWNED BY THOMAS MORGAN, 4076 - 146TH AVENUE N.W. AS A "BITING DOG". WHEREAS, City Ordinance 53 defines a biting dog as one which has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal; and WHEREAS, a dog owned by Thomas Morgan, 4076 - 146th Avenue, did bite a neighbor's child on May 28, 1995; and WHEREAS, the dog in the past bit several other children. NOW, THEREFORE BE IT RESOLVED by the City Council of the city of Andover to hereby classify a dog owned by Thomas Morgan, 4076 - 146th Avenue N.W., as a "biting dog". BE IT FURTHER RESOLVED that if the dog in the future threatens or commits another attack it may be declared a nuisance and the owner shall be ordered to destroy the dog or remove it from the city permanently. Adopted by the City Council of the city of Andover this 6th day of June , 1995. CITY OF ANDOVER Attest: J.E. McKelvey - Mayor victoria volk - City Clerk I CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 May 31, 1995 Patricia Knoll 17506 verdin street N.W. Andover, MN 55304 Dear Ms. Knoll: In accordance with Ordinance 53, the Dog Ordinance, the city Council will consider whether your dog should be classified as a biting dog as a result of an incident where the dog bit a man riding a bicycle on Verdin street N.W. and other cases where your dog bit several other people. The meeting at which this will be discussed is Tuesday, June 6, 1995 at 7:00 pm at the Andover City Hall, 1685 Crosstown Boulevard N.W. If you have any questions prior to the meeting, please call me. Sincerely, ,U,;./ ;/$ victoria Volk City Clerk I , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 May 31, 1995 Randy Nicholls 520 - 108th Avenue N.W. Coon Rapids, MN 55448 Dear Mr. Nicholls: The City Council at their June 6th meeting will consider whether to classify a dog owned by Patricia Knoll as a "biting dog". You are invited to attend the meeting, which begins at 7:00 p.m., to offer any testimony. If you have any questions prior to the meeting, please call me. / Sincerely, j--;.--. / ///, ,tJ~.../",~-"./ "",,U' Victoria Volk City Clerk I SENT BY: ACSO 5-25-35 3:37AM ANOKA CO. SHERlfF-i755 8323 ;# 21 4 ~Elncy: 001 Inc No, 95006236 )ULT ARREST 95086238 CASE DETAIL REPORT r------------------------ primary Incident ------------------------------- PRIMARV ACTIVITY: Dog at large .HIRTS: 01 CALL \Tli;-TIME lTE-TIME TIME TIME TIME TIME LOCATION: OCCURRED. REPORTED: RECEIVED: DISPATCH: ARRIVED: CLEARE.D, 1'506 verdIn st nw andover,mn OS/22/95 1?,0?,2Q 12:02:00 12:02:00 12:02:00 12 dl:); 00 I'ATROl AREA. UNIT ASSIGN: OFFICER t1: OFFICER 42: HOW RECeIVED: 17:25 12476 WEATHER: -No entry GRID, /.'l'l0000 MISC: n - Pep. E. Harschberge _. No ontry ," No entry ------------------------------ incident summary ACTIV IN ITY ACTIVITY DESCRIPTION DATE DISPOSITION RF.PORTED 50006 000 at large 'S RMKS: Citation *592-619 for Dog At Large CLRD/ArrQ~t G6/22/9G ,--------------------------------- offQn~es ----------------------------------- .---------------------------------- names ------------------------------------- iN PSN ,ME TYPE FIL1. NAME & ADOEESS DOE! PHONE NUMBfRS RACE SEX R-R~S & B-BUS 1 Ij ~J d JHSC: adult niehollo, randy robort 91/25/46 w 520 108 avo nw coon rapids.mn 55448 EMPLOYER: m R,51~-756-~ S.;;c, ... :;r odult ult Arrested I'I1Se: knoll. potrlcio ceclli~ 0~/19/56 w 17506 v~rdin ~t nw andovor,mn EMPLOYER: r R:612-753-599'1 IGI-IT. WEIGHT. HAIR. descriptors Eyr;:S. ftAtoIP USE. NO fURTHf.R D~SCRrPTIDN ------ arr&st ------ Arrest Data on File for this_Adult - vehicle ------------------------------------ --------------------------------- property ----------------------------------- --------------------------------- evldenc@ ----------------------------------- / n: 25-may-95 08!34 95086238 case summary 1 csw-print2ar~2t0B34 SENT BY: ACSO 5-25-95 9:37AM ANOKA CO. SHERlfF~755 8923 ;# 3/ 4 lAney! 'HH tnc> No, ~&0eG23e lULT ARREST 96086238 CASE DETAIL REPORT r------------..---------------- rlarratJv8 --~~--_._--------------------------- 'ansc~iber: bett -01 Action Date-Time: OS/24/95 16:05:40 , 5/22/95 ~t 1202 hour~ I receiv~d e radio call Co go Co Andover City III at 1685 Cro~stnwn Blvd. NW in Andovor. to m~ot a man who neoded to make dog bite report. Upon arrival, I met with Randy Robprt Nicholls. DOB: '25/46. Nicholls told me that he w~s riding bike southbound on V~rdin St. I In Andover In Trant aT the house number 17506 Verdin St. Nicholls said lat eoy~rnl dogo COmB out from that oddr@~$ nnd circled around him as he was :ding on the hiohway and that a larQP brown dog th~n bit him on thQ lQft lkla. Nicholls then showed me his ankle and I did notice sever~l wounds lat had broken the skin. I told him I would contact th~ owner of the dogs Id he could ge~ a copy aT my report Trom the Sheriff's Department. I then .Mt to tho nddro~~ Nicholls montionod OM VerdiM St. and spoke with the Iner of the dog, Patricia Cecilia Knoll. 00B:4/19/56, I lnform~d Knoll of Ie ,incident if I which Nicholls had been bitten and I also told hel' that she ,uld be getting a citation for allowing her dog to run at large against IdoY~r City Ordln~nce. I al~o told her that the dog would need to be ,arantinAd fo~ IB day~ ~nd told her that if sho yao not .ble to do that, I ,uld call Animal Control to have the animal picked up. She assured me that Ie dog would be kept locked in the basement of her house for 10 days and that / n: 25-may-96 08:34 95086238 case narrative 2 csw-print20r02t0834 SENT BY: ACSO 5-25-95 9:38AM ANOKA 00. SHERlff~755 8923 ;# 4/ 4 lency: 001. tne No, 95086238 IUL i ARREST 9508623~_CASE DETAIL REPORT / ----------- n~rratlye ----------------------------_______ 'ansct'iber: bett -02 Action Date-Time: OS/24/96 16:24:51 ID wouLd c.lL m~ ~t the end of that time ~nd edyi~e me of th~ outcom~ I that quarantine. I also told her that I would bR s~opping In from tim~ , time and that th~ dog mu~t be quardntinad at all times. r have charged Itricla Cecilia Knoll with Dog at Large, violation of Andover Ordinance 53 Irt 5 on complaint *592-619. end of report. :puty HerschbergRr '24/95/bf CIE'rk Q'f CQurt ! City Attornoy n: 25-may-95 08:34 9508623B case narrative 3 esw-print20r02t0834 SENT BY: ACSO ; 5-22-35 ; 11 :38PM; ANOKA CO, SHERlfF"'755 8323 ;#12/13 .,,"""I..a........J'U,.IU ,-,....,=-_ "...., t .... .......,... .., ..,0_ ,.,. ..111".11.....,' .,.t., .....-.1......, Ill. ...... ."U, ,00..1. c..~ Ie .t' 01ll Inc No: 94203229 ,."..._..__._._..___.. '.___._'...'._.._.'._'._....._._.2.1..?.1!..il?.;?~'Lil :;L~...!).LTAILR~J:ClR L.__ ,..__,JU. V. F,' t.j T LE'.., J':NI,I,O, (,,\,/ED. ,----------------------------- prlm~ry incident ------------------------------- PRIMARV ACTIVITV. Dog hitR~ .]URls. lil1 CALL ,TE-TIME ,T(--TIME: THlF TIME TIME Tr.ME LOCATION. OCCURRED. R~po~rEO. RECF.IVF.D. DISPATCH. ARRIVED: C~Ef\I~ED. 17506 verdin st nw 8ndover,mn 55304 11/10/94 19,0&,00 19.05.00 :1.9.05.00 19.24:00 19.44:00 PATnOt AI'lE^: UNIT ASSIGN: 4zS5 OFFICER fl: 08704 OFFICER *2. HOW RECETVEDl WEATHER. -No en~ry C3RrO: oQ001l0 fIITSC. n - Dap. T. Wells - No entry - No Entry ,----------------------------- incident $umm~ry Acnv ;N rTY ACTIVITY DESCRIPTION DATE DISPOSITION REPORTED 50003 Dog bit!>", ARslt_/Advl 11/10/q4 ,--------------------------------- offenses names N ~SN PHO~E NUMRERS I ~, l.Y-P.L_,_f_~.I,X,_.,_...!!.fJ,t1.5._,.!Y._._(jQJlJ~.t;.~rL,...,._._,.._ ,.,." ". _u, _ '.m _, .,_____.!!,Q.~_..___R.1\~g.__;:;. ~.,.~_J!.:::..~~.?_ _ .li.._fl::!lJ}5_.. 1 juv stopka, ellzabeth aprll fl4/2J/79 w f otim 2447 17~ l~nQ nw ~ndoYer.mn 66304 .M_l$_r;J_____._____._..._._________,__,__._,_.._--.P_~_Rj:'!'l_r L'!!.t 9.nJ(,~._.n!'".!J.!1 'I R:612-753-4476 1 ~dult stadheim, peggy Jane 11/16/54 w f R.612-753-4476 ~son RRporttnq 2447 174 l~ne nw andover.mn ~5304 .~);_~J;,.,_..__,__,___..,__...._.__ f'J~!?L()..'!'_~~-=--_____.____________..__...,.~__._ '2 adult nolt, patrici~ cecelia 04/19/56 17506 verdtn st nw ~ndover.mn 55304 __..._,.........,__.___,.._.,_ __..,.E.~..!'J""!lll.!il.....,___ w f R:612-753-4777 rner MISC: ---.....-....................'-_....... 3 adult noli. angela maria 05/'9/76 w r~on With Knowl 17505 verdin st nw andovar.mn 55304 ..!1,L"Ll!.1____...__.__,.,....."_...__....____.,.______.._..,.,.__..[;..!'lE,!,,R-Y.!;..!!-t__.__,..,..".,....,.._____.. f R:6t2-753-4777 ,--------------------------------- vehicle --------------------------__________ property .--.-------------------------------- Rvi dC')n"Q .---YO...... .~ .. .....__.._._...___..________._________ 11"'1. ..,.., _,",u nc: "")").......~ "......,n..,"'l"'ln .......-._ .-..__....... . __.. _..:.__""'n...n.,......,.",......"r- SENT BY: ACSO 5-22-35 ; 11 :33PM ANOKA 00, SHERlff~755 8323 ;#13/13 '" l' 001 Inc NO: 94203729 "., .......-...~"q 2, ,"J_?2.~._~ f.t~LJJJ:TAH--'I EP-.QB T _.-...-.,_-...1~1Y..~~J.J"S;....;r.!!,y.9.LY.fJl. .-------------------------------- narrative --------------_____________________ an5criber: amus -IH Action Date-Time: 11/11/9~ 09:02:06 fteun yu~r old, ellZnbeth Stopka. w~nt to the Noll residence Dt 506 Verdin St. N.W. to Io'!1Q if h.,r brother """Ie th<Jt't-.. She knockod 1St: e door. SomeonB opened It and th~ Noll'~ dOQ. 8rutis. ~ black L8b miM nged out dnd bit her twice. Tho first bite was to her hand which did t bt'e~k the skin. The seoond bite was to her ri~ht thiqh where she calved a puncture wound. Elizabeth' mother, Mrs. S~adhelm, was concerned CaUse the dog h~s bitten people in the pa~t. I want to the Noll rOlsldence d spoke to eighteen year old Angela Noll and ~dvlsad her of thQ bitp. r mother, Patricia Noll, the owner of the dog, was not home. Angela lieved the dog did have current rable shats. She Was also ~ware that e doq had bitten ~omeon~ befor~ which was al~o reported. She was told at the dog would havQ to he qu~r~ntinQd for ten d~y~. Copy of this port to Andover City Hall. puty T. Wells t87 -1'-:-94 SENT BY: ACSO ......., ...V 6."'. C.-.I ; 5-22-95 ;11 :37PM; ANOKA CO. SHERIFF..,7558923 ;# 8/13 "'.....I..&.~.,t"t... '..Clt)~ Ilctll n'_,.v~ 0 l:'l':"iW-prlnl.?~r,,~.....t..:'IL.b g. .y: 001 lne No: 94143036 ____._~41.~_:UL~~_CA 5 r:., n.FIAJJ._.llf_PJ:IJ:~.L__., _ ,__.l.ll \!fJ!lJ..E_,_,:fJ~ ~,!'II vE.!J ------------------------------ primary incident ------------------------------- PRIMARY ACTIVITY, nog bitA~ JURI~: 01 CALL LOCATION: qTE-TIME OCCURRED: ~TE-TIME REPORTED, TIME RECEIVED: TIME DISPATCH: TIME ARRIVED: TIME CLEARED, 17506 verdin st nw Ilndover,mn 08/14/94 g?:49:00 99: 49 :!HI 09:49:00 19:34:00 10:51:00 P~TROL AREA: UNIT A~C;TG"" OFFICER 1t1: OFFICER 1t21 !iOW RECEIVE!): WEATHER: -No entry GRID: a401l100 1225 !'IISC, n 08244 - Dep. L. Dohenv - No entry - No Entry ------------------------------ inol~~nt ~ummary ACTlV ,N ITY ACTIVITY DESCRIPTION DATF. DISPOSITION REPORTED 50003 n"n bltp,," Assit./Advi 00/14134 ---------------------------------- off9n~es ----------------------------------- ----------------------------------- n~mes ------------------------------------- ~N ~SN PHONr NUMbERS ~1 LX p E--E1_!-oS;___ti~_~.~___ _1;.,.,__a,Q p.B.J~,?~,____.__n.n.______..__ ".. ___.l.l_DL-R A C.!;.._AE...~__R::~E"''S...JLf,'I_:_1H'.$., _, 1 JUv kirchner, emily lynn 09/30103 w f R:612-753-3791 ietlm 26&7 176 aye nw andoyer,mn 55384 J'!.J.g .c_L..___,____,___'__n_.____.._..___._,___,_....:.__~_.__...P_~_R!;.!J.L',______....,_,_____,____.__..._, ,__ ....., _,.._..,_....,_ 1 ~dult kirchner, terry lawrence 10/21/59 w m R:612-753-3791 'r~Qn Reporting 2557 176 ~ve nw andover,mn __I!!.I~S~,_;..___m__..__...._,..._.._......,_.,_..__,__,_..___...,__gJ1!.!: 0 Y ~!l_;_._...____.._...u_,_., ,_ '_n___"__...___,...... _....,_..___...__,..'"' 2 ~dult nail. patricia eecelia 04/19/56 w f R:612-753-51~1 Iner 17506 verdin st nw ~ndover.mn 55304 J1.1~Lq..;____,_,_..__..,____.,____....,..___._.._..,___._,..__f,_Mf...!J1.1Lf!,.L...._____,_ ,.._._.._.._..___,____....,___,___.._.._............___ ---------------------------------- vehicle ------------------------------------ propHty ~vid"nc" ...... ""I'"') ...._.. nc "')")....r-: "' III ~ Ill..." 1'1. """... SENT BY: ACSO 5-22-95 ; 11 :37PM ANOKA CO, SHERIFf4755 8923 ;# 9/13 ~(,. y: 001 Inc No: 9111113036 ____._______.________'____9_401<1.1 ~J,!'i__.LI.L'lL.!.l_nlL:r..,L_'~_[:;,P_O.B_I__.____._,_1!!.\LE~.E.E..._!.!oI_'!Jl~F n --------------------------------- narratIve ----------------------------------- "anscriber: lori -01 Action Date-Time: 08116194 09:56,55 1 8/14/94, at 949 hours, I was di~p~tch~d to 2657 175th Avenue NW 1 ,Andov~r. Upon ~rriva1. r ~PQke to the compl~ln~nt, Terry KIrchner, who iviBed that h~ Rnd hl~ family WQrn rldln~ th~lr bikee on Verdin Stroot in "ont of 17506 Verdin when <'JI large light brown colorod doct ran Ollt: frl"lm thtl lsidence at 17506 and chased he and his daughter. He ~dvised that the dog It his, daughter on the lower left calf, which produced a small bruise, )w~vor tho skin wa~ not punctured. Mr. Kirchner 8t~t~d th~t he wn3 nble , distract the doq and chaaR it away while h@ and his daughter WRrR ~blp ) ride ~w~y from the ~nima1. He stated th~t this Is ~ constant problem, lenever they try to ride their bike~ in front of th~t residence. the dog LWQY. oh~5e5 them and trios to bite them. l stated that they have made complaints in ~hp p~st and feel that somethln9 lould be done about the dog Roon. I advised them that I could issue ~ ~tatl.on or a warni.ng, and that if i1 cit<'ltion was isellJed. the mi!ltter would . brought before th~ Andover City Counsel. ~t which time the dog could he .el -red ~ biting dog ~nd ~ future OCcUPance could h~Y0 tho dog lablqd ~$ SENT BY: ACSO 5-22-95 ;ll:38PM ANOKA CO. SHERlfF~755 8923 ;#10/13 . ~~ ,{I ~~1 loc No: 9~1~3e3G _______.____________..._ _-______..,$,4Hl~J.L_(:_f\.;~I_.J)J.I.~JJ.;.._R_E..P_Q..B.L__._..__ _, __.J ~JYJ:_N_r L F __l~YJ).l.'!E.Q. __________----------------------- n~rrative ----------------------------------- "anscriber: lori -02 Action Date-Time: 08/16/94 10:1B:12 nul~~nce and force the owners to remove it from the city. He jvi~ed that hR qlmply would lik~ R w~rning given to the own~r~ of th~ dog ) th~t th~ next time this occurred they would follow that proc~s~ startinQ lth II cit/ltion. then went to the residence ~t 17506 yerdin Street and spoke to Potrlolo )11. I advl~ed her th~t ~ complaint had b~An madR AhOIJt nnR of hRr do~~ ,ich h/ld been running loose IInd bit ~ neighbor child. She advised that she ,d just woken up. and that's why it had taken several minutes to get to the )or and that none of her family was up yet, She advl5ud th~t thu dogs were ,~idQ the hous~ ~nd th~t thQr~ w~s no way thot th~y Gould hOV8 b~.n out lrlnq the time that this per~on had been bit, She advi~ed that ~he has had )mplaints about her dogs in th€ pagt, but she was very Insistant that the [ctlma must have gotten the dog mixed up with someone else's because her )g~ hnv~ not be~n out todoy Ydt. a~vised her that since the victims did not wish to press charges at thi~ l~ J that this would be considered a warning, whether it was her dog or it SENT BY; ACSO 5-22-95 ;11:38PM ANOKA CO, SHERlfF->755 8923 - M" r' ;#11/13 # ,t I' 001 III'" No: 94.1'1;'1').'6 ~1}_:!-~~_~}.fl.._~ft.~L_.gJ_If\ ILJl, E P (),gJ..._ ____ ..._J~Ly.r;; NIL F t Ii VOJ.\i.f!.H ,-------------------------------- narrative ----------------------------------- Bnscriber: lor! -03 Action Date-Time: 08/16/94 10:21:38 8 not. There were prevlou6 r6ports of her ~OW8 running loose and thac future ~omplaint would rAsult in ~ nitation nod ~he uould h~ve to m~ke d nditory court appearance. I also advised her that if her doq dtd actually te eomeone in the future, that the city could possibly force her to remOVe from the cIty. She said she wa. aware of the ordinance and of the problem d th8t eho would ~ttempt to keep her dogs tied up In the future. nee ~r. Kirchner did not wish to pursue charqes at this time. anrl ~ v~rbal rning Was given to MrB. Noll, this case should be e~c~ptionally cleared this time. I did not advise the dog owner to quarantine the dog since ere wa~ not ~ posl~lYe id~ntiflcaelon of th~ ~nim~l and L~~~u~~ Lhe hite und was superflci~l and did not puncture thA ~kin, I eloar~d th~ ~cene th no further a~tion taken. plJty Doheny SO Patrcll 16'?4. lori SENT ~Y: ACSO 5-22-95 ;ll.:,?5~M.,;. ..~~ CO. SHERlfF"'755,,8.,93~lJr'J"L"'l'Jr";~}{~~ 9 IY' 0Gl lno No: 94113981 .M....................w.......w_. --....."'...,........... ...._...... ... . ...____.._ ..~M_~.._..._. ,94JJ.:.l9.l;l,L c ~S~_Q.f T A TLJ11'_P O.RI___ ....--J.!!.Y.E.~.!!'..L_:J: N~!'-!;.Y.!Hl ------------------------------ primary Incldant ---____________________________ PRIMARY ACTIVITY: Dog bite~ ,1URIS: 01 CALL HE-TIM!:': HE-TIME TIME TIME TIME TIME LOCATION: OCCURRED: RF.PORTf;D. RECEIVED: OISPATCH: ARRIVED: CLEARF.O: 17506 verdin ~t nw andovtlr,mn 07/06/9~ 11.44;00 11!4A:gll 11:44:00 12:00:00 12:17:09 PATItOl. AREA: UNIT ASSIl;N. OFFIr.F.R U: OFFICER *2: 1l0W RECEIVED: 1z25 00712 WEATHER: -No entry GRIO: a40000 Mlsc; n - 09.p. R, Albort~~n - No entry - No Entry ------------------------------ incident ACnV iN TTY ACTIVITY DESCRIPTION ~umm~ry ----___________________________ OATF OISPOSITION REPORTED 501H13 nD,! bito~ Asslt./Advl 01/~D/~4 ._-----~-----~-------------------- offenses -----------------------------~----- .------------.~-.----.---------------~---- rlomee :N PSN !.~_ "VPE FILE NAME & ADDRESS /..-.........._'_....._..._._~._..................-_-....__..._._.-....__.'".....-----.----.--......,..... --------------~---------------~~----- PHONE NUMflf':RS _ " .______..,DQ.f.l____,RAC r-:_""~....L.R=--~~_.I"!.:-..Il.~ffi_ 1 JUv m~rsDlek, Chrls~opher richard 04/20/88 w m R:612-753-9753 ctim 2431 168 lane nw andover,mn 65~0~ ..!'l-'l:~..fJ__......_......,''"'_....,'___,___._.. .-___..._ -----,..___.._J~_"--liElI.I..~_.____.._....,..._____ ......_,_.,.....__.,._ 1 ~dult marsolak, glen otto 08/14/53 w m R:612-753-9753 Poon Reporting 2431 lG8 lane nw andover,mn 55304 .M1~'2_C.:...___....__".....,'_.._,......,'_,...,___., ...............-..--,....--.f"'I!EJ,..2.IT..Ii.:...__,_.._.____.,___.__......,._.,.._ ......__.. 2 adult noll, patricia oecilla 04/19/56 w f ntloned 17506 Verdin st nw andover,mn 55304 !!.!!?J;....._,_~_.._____..._....._,._.___.__._ -....----,-..,...__~J:!J?.!f~:___,._._.._.___.._..,_.,_. R:61Z-753-5101 .__..._--.._-~..- -.....--.--... --------------------------------- vehlcl~ -------____________________________._ ---~-----~-_._-----------------~--- property ----------------------------~------ --------------------------------- ..vid"nco --~---------.._._--------_._----._------ / ,: 22-mR~-q~ 2~~25 ql111 ~~R1 ,.......eh ,r:-.,"'Pft........, SENT BY: ACSO 5-22-95 ; 11 :36PM Al'K>KA CO, SHERIFF--755 8923 ;# 5/13 ... ....~- pi ..."f..L'-'1 'U~. l,.,~)c.o g y' 0Al I Xnc NO: 94113981 ....-.--.---------- ~..~,--.~--.--.-2.ll.1:.~.!!.t.!;.!t~~f;.,..9J;.L~!.L_I3J'J~9 R 1.._.. ., ...,.,...:.l!LY..!;"toj,J.!,..F.J..NYJ!.LYJUl -----------------~--------------- n~rratlve ------------____~__________________ r~nscrib~r: buel -02 Action D~te-Timel 07/10/94 03:42:05 JPPLEMF.NT , 7/9/94, while on routine patrol in t.he City ~f Andover at ~ppro~imat~ly 340 hours, I did obsorve a dog. which was ordered for qUBrantlne on 1!S/Q4 ~t$Ida of It's kennel, on a chain or leash. I did stop at tho residence, did ~tt~mpt to make aont~ct with the dog's owner, Patricia Noll and whilo litlnq for Ms. Noll to come to ~hQ door. I did have occa9ion to spe~k with ,e dnuRhter of Mrs. Noll. who mad~ a statement. well the dog h~sn't bit any ldy this Wpek. During thi~ time, it should be noted the doq was lunged at 1e end of it's leash, towards me and appeared to be ve~y ~ggreslve. Mrs. ,11 eamo to tho door, I did 5pc~k to Mrs. Noll advistng her th~t the lreement W~R made that the dog, by thp n~mo of O~uti&. waR to b~ kept larantined, ln~ide the kenneled area. aw~y from any other dnimals. includlnq leir other dog. Ms. Noll stated that she had had her dog In the house, IJch is also Is In violatIon of the quarantine, to keep thIs dog away any :her animal. lncludinq othQr pets in the hOU5C. I ndv!sed "rs. Noll that Ie animal is to be kept at all times inside the kennel 3nd that I Would Ik ~eriodlc inspactlonB to insure that t do See the doq in the kennel until I SENT BY: ACSO . " 5-22-95 ; 11 :36PM ANOKA CO. SHERlfF-0755 8923 ;# 4/13 g :y: 001 -' Inc No: 94113981 ",'..,,_.. ''''''-'-'-,-,- --__2.~.U,i!.J.!tLG, i.>t?,!;. [U;I.1\lL.Rf ~.QRL__.... ...-:J u V ttlLl..f.," :r.!'!.~.l.y'.g p. --------------------------------- narraclve ------_____________________________ rahBCrib9r! batt -01 Action Oate-Time: 07/05/94 21:441SA ~~, Ma~sol~k Gt~~ed thot Chr15topher ~nd his brother had been rldinq lkes south on Verdin st. near 17Sth wh~n ~ 6m~116r bleck dog with ~ pointed ~e~ ran out to V~rdin Street and bit Chrl~topher on th~ rlqht ~nk19 o~uGlnq ~me scratches and a small puncture injury. Mrs. M~rsolek did not seek ~dloal aid for Christopher other than to wash the area and place a bandage on t. r spoke to the dOg'8 owner who said she thought the boy had fallen off Ls bike. Brutus. (a lab Au~trallian ~heph~rd dQ9) is current on rabies ~ocln~tion and will be quarantin~q for 14 rl~ys. lputy Albert:6on /S/9/J/bf / :SeNT BY: ACSO 5-22-95 ; 11 :36PM, ANOKA CO. SHERIFF~755 8923 ;# 6/13 .... 'V oJ - ~,..., I ... ~ V I ", ~" o.J~, 0 9 y' 091 I tnc No: 9'11 13981 '--"-' n_._....___.._ -. ,._, .,,--..,-.---'_...:tE..J.L~..~,_?_L,J ~ ,~.LP E T.lU.LBJ'-P..QRL-.___.,1l!YJ:..r-IJ.LL..l1:!Y91.Y.fJ:!, --------------------------------- narrative ------_____________________________ ranscriber: buel -03 Action O~te-Timel 07/10/94 03:47:49 '0 quar~ntin$ period 15 over. J dJd advl~e "So Noll again, the dog'S )t to bo outBid.. of th", kQI,nc>l, allo....ed 1:0 be "round /ltiy I1tltt1r anim<lls, 1ClLJdlnq their other pet: doCl. I4s. Noll st,~t:erf r.h",t: rlll... to t:h.. f,:,ct ehtl w"", lCk, she would hav~ her daughter take care of this. As I walked down the CepR to leave the residence, the doq, Brutis. did lunqe and run at the end f It's rope, almo~t pulling Jt'6 collar off in attempt to attack me. The 39 was extremely aggresiv~ and ~ppearod to be d~n9Broua. The dog b~ckBd up ld ran again on it's leash towards ma, c~u~inQ me fQA~ t:h~r th. d~g would lcape it's bondage and attack me, at this time, I did pull my service ~vQlver and dId advise ~5. Noll to contain her dog immediately b$fore it bn- 'm~$ loose and I e~ forced to de~trQY tha dog. A~ ~his pOint, Mrs. Noll did lme out of the hou~Q and arr~mpt to contain th~ doq "'nd I did hol5tel' my !rViCA revolve,. and removed my can of mace for Ilrot~ction_ Tr. Rhn"lrl bo lted that while Ms. Noll was attempting to contain this doq in the lain link kennel, the dog lunged full and attempted to qet away to attack I whil9 I stood motionl~ga. It should also be noted that there's no 'ovacatlon, at my point toward... thl~ dog ~nd the dog appear~d to be very ,c 16. After the dog Was placQd in it's chain link kennel. still attached / SENT BY: ACSO 5-22-95 ; 11 :37PM ANOKA 00. SHERlfF~755 8923 ;# 7/13 .. _.. r' -" -....". ..... ........a,.... g; ,V' 001 Inc ~o: 941lj9~1 ----'-.-------.-----....- ---____-.J 4..U_:;l_ltH_"",c. A~I._JlJ;:.T A, IL,_Rf P'QB_L,. " . ._J.!!~f.NJLE_.lI1y:Q_LY F. 0, --------------------------------- narratlv~ -------____________________________ ranscriber: busl -04 Action Oat~-Time, 07/10/94 03:49:21 o it'~ rope, I did re~urn to my patrol car, having fel~ that the dog 3S now in contl'linment: ,'lnd not ahIo to hurt Iln,ybody. Once n9n1n I ,.,,,,,,inded ~. Knoll, during my discussion at the door, th~t .he was to nn~lfy u~ nmedi~tely if the dog becomes sick or exhibits any other behavior other len a normal beh~vlor. ~puty Albp.rt.~on 110/94 I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION CLASSIFYING A DOG OWNED BY PATRICIA KNOLL, 17506 VERDIN STREET NW AS A "BITING DOG". WHEREAS, City Ordinance 53 defines a biting dog as one which has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal; and WHEREAS, a dog owned by Patricia Knoll, 17506 Verdin Street, did bite a man riding a bicycle on Verdin Street; and WHEREAS, the dog in the past bit several children. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby classify a dog owned by patricia Knoll, 17506 Verdin Street NW, as a "biting dog". BE IT FURTHER RESOLVED that if the dog in the future threatens or commits another attack it may be declared a nuisance and the owner shall be ordered to destroy the dog or remove it from the city permanently. Adopted by the City Council of the City of Andover this 6th day of June ,1995. CITY OF ANDOVER Attest: J.E. MCKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1995 AGENDA t.o. SECTION ORIGINATING DEPARTMENT Planning ~ David L. Carlberg Planning Director APPROVED FOR AGENDA Discussion Items ITEM t.o. /S" I Special Use Permit Commercial Greenhouse 16473 Valley Drive Michael & Sue Bleeker BY: ~~ REQUEST The City Council is asked to review the Special Use Permit request of Michael & Sue Bleeker to operate a commercial greenhouse on the property located at 16473 Valley Drive (PIN 17-32-24-22-0009). APPLICABLE ORDINANCES Ordinance No.8, Section 5.03, regulates the Special Use Permit Process. Ordinance No.8, Section 7.03, lists those uses allowed by Special Use Permit. In an R-l, Single Family Rural District, commercial greenhouses are permitted by the granting of a Special Use Permit. In granting a Special Use Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Please consult the attached staff report presented to the Planning and zoning Commission on May 23, 1995 for further background information. Planning & zoning Review & Recommendation The Planning and zoning Commission, at their May 23, 1995 meeting, recommended approval of the Special Use permit with conditions. Attached for your review are the minutes from the meeting which reflect those concerns and conditions. Attached is a proposed resolution for your review and adoption. /' MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / RES. NO. R A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MICHAEL AND SUE BLEEKER TO OPERATE A COMMERCIAL GREENHOUSE ON THE PROPERTY LOCATED AT l6473 VALLEY DRIVE, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Michael and Sue Bleeker have requested a Special Use Permit to operate a commercial greenhouse on the property located at l6473 Valley Drive, legally described on Exhibit A; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance a, 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; and WHEREAS, a public hearing was held and there was opposition and concerns regarding traffic patterns associated with 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 allow Michael and Sue Bleeker to operate a commercial greenhouse on said property with the following conditions: 1. The Special Use permit will be subject to annual review and site inspection. 2. The Special Use Permit shall be subject to a sunset clause as specified in Ordinance No. a, Section 5.03(D), unless a renewal is granted by the City Council. 3. Two (2) satellite lavatories be on site and maintained in a usable sanitary condition. 4. The parking facilities shall not be expanded any larger than it already exists (a-10 car max). 5. The grade for the parking and access driveway onto Valley Drive shall be improved and reviewed and approved by Staff. . Page 2 Resolution Special Use Permit - Commercial Greenhouse Michael & Sue Bleeker 16473 valley Drive. 6. Hours of operation shall be limited to 10 a.m. to 6 p.m., wednesday through Sunday. Adopted by the City Council of the City of Andover on this 6th day of June, 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk / EXHIBIT A L29234 I That part of the Northwest Quarter of the Northwest Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the Northwest corner of said Section 17: thence South 89 degrees 45 minutes 51 seconds East, assumed bearing along the North line of said North line of said Section 17 a distance of 439.84 feet to its intersection with the centerline of Valley Drive: thence South 3 degrees 45 minutes 42 seconds East along said centerline a distance of 235.40 feet: thence South 461.35 feet along a tangential curve concave to the west, having a radius of 2204.18 feet and a central angle of 11 degrees 59 minutes 33 seconds: thence South 8 degrees 13 minutes 51 seconds West tangent with said curve 289.39 feet: thence South 81 degrees 46 minutes 09 seconds East 300.30 feet: thence North 14 degrees 56 minutes 26 seconds East 342.35 feet; thence South 89 degrees 45 minutes 51 seconds East 247.86 feet; thence North 0 degrees 14 minutes Og seconds East 70.09 feet to the point of beginning of the land to be described; thence North 0 degrees 14 minutes 09 seconds East 322.18 feet to a point 300.00 feet south of the north line of said Section 17; thence North 89 degrees 45 minutes 51 seconds West 572.25 feet to the centerline of said Valley Drive: thence Northerly along the centerline of said Valley Drive to the North line of said Section 17; thence easterly along said north line to the northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 17; thence Southerly along the East line of said Northwest Quarter of the Northwest Quarter of Section 17 to the intersection with a line which bears South 89 degrees 45 minutes 51 seconds East from the point of beginning; thence North 89 degrees 45 minutes 51 seconds West 270.16 feet to the point of beginning and there terminating. Said parcels contains 7.81 acres more or less. Subject to Valley Drive. ~ ~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - HAY 23, 1995 MINUTES Commissioners absent: Also present: Maynard Apel, Catherine Dou Jovanovich, Jeffrey Lued e, Jerry Putnam None Assistant City En . eer, Todd City Planning Di ector, David Others and oning o May 23, evard NW, The Regular Bi-Monthly Meeting of the Andover Planning Commission was called to order by Chairperson Jay Squires 1995, 7:10 p.m. at the Andover City Hall, 1685 Crosstown B Andover, Minnesota. Commissioners present: Peek, Haas Carlberg May 9, 1995: Page 4, First aragraph, change to: "Commissioner Jovanovich was concerned with placing the signage on Round Lake B levard far enough in advance..." APPROVAL OF MINUTES Chariie Veima i3646 Crooked Lake Boulevard - reported. the Task Force meetings and has reviewed every word in Ordinance 8. Several ch ges have been recommended, including the areas of allowing people 0 private property without permission, who can bring a complaint against someone in the neighborhood, storage in the urban area, etc. He discu ed many of the changes with residents in his neighborhood, and the unanimously approved of the recommended changes. Chairperson S ~res thanked Mr. Veiman for the efforts of the Committee. ON AMENDMENTS TO ORDINANCE 8 , JTION by Peek, Second by Jovanovich, approval of the Minutes as amended. Motion carri a unanimously. PRESENTATION: t1JJ..fi PUBLIC HEARING: SPECIAL USE PERMIT - COMMERCIAL GREENHOUSE, 16473 V VALLEY DRIVE - MICHAEL & SUE BLEEKER (BLEEKER'S LANDSCAPING) 7:15 p.m. Mr. Carlberg reviewed the Special Use Permit request of Michael and Sue Bleeker to operate a commercial greenhouse and noted the applicable ordinances and criteria to be used when examining Special. Use Permits. The Bleeker's are able to sell products grown on their property without this Permit, which is considered an agricultural practice. The ,commercial greenhouse comes into play when they . bring products from /other locations to sellon site. The concern of the Staff is with whether to require a paved parking lot and with providing bathroom facilities. The other commercial greenhouse, Knolls, was not required to pave the parking lot because of the desire retain the residential character of the site. This site does not have a residential structure on it. There is a commercial green house on site, but no office space. Regular Planning and Zoning Commission Meeting Minutes - May 23, 1995 1ge 2 I (Public Hearing: Special Use Permit - Commercial Greenhouse, Bleeker, Continued) MOTION by Apel, Seconded by Leudtke, to open the public hearing. Motion carried unanimously. 7:25 p.m. Sue Bleeker - stated they have operated a landscaping company for the last five years and have decided to have a place where the clients can look at the plants. They started growing shrubs three years ago and have had some sales. They intend to sell trees and shrubs and to operate a small greenhouse. About 20 percent of their products would be larger items brought to the site, mostly shrubs, lilacs, some potted trees. They are brought in once a year by semi truck from Bailey's Nursery. They do not have continuous deliveries. Hours of operation are Wednesday through Sunday from 10 a.m. to 6 p.m. On a busy day, they have maybe five or six vehicles; sometimes two at the same time. They would like that to increase up to lO to 20 people in a day. There is a sign that says Bleeker Landscaping which has been there for five years. Sales are mostly in the spring. There is some landscaping equipment on the site, but it is not visible. The parking lot is recycled concrete which can park about eight cars at a time. There is a well on site. jeclan O'Brien, 3992 165th Avenue NW - has lived there since October 1, 1993. Valley Drive is basically a residential street. Any increase in traffic would have to come across the front of his property and down Valley Drive. He questioned what-benefit is a commercial site to him and his neighbors. He didn't think the residents would be paying less taxes, and he saw no benefit to the community. He stated it would be a loss to him because he pays taxes that grants him peace and tranquility. Bud Holtz, 4176 164th Avenue NW - recalled a request for a Permit for a group home on Valley Drive recently, and the big concern was the traffic on that curvy section of Valley Drive. It is a real safety factor there with the curves and no shoulders. Several times in the last month since the business has opened they have observed cars parked on both sides of Valley Drive. In his opinion, that is a safety hazard. Also, the property is lower than the road at that point, so the driveway has a steep incline. When wet, the driveway is greasy and cars have to gun it to get onto Valley Drive. Visibility is poor there because of the curves on Valley Drive in both directions; and people travel at a high speed through there. Also, there is no permanent structure for retail trade; and the need for public restrooms needs to be addressed. Rob-Lvn Hiltz, 16541 Vallev Drive NW - has been there all spring and on weekends, and they do not hear anything from the greenhouse. She has never seen traffic parking on Valley Drive. The few people she's seen go to there drive to the parking lot. Tulip is a curvy road, but she ,felt that should be addressed as a separate issue. People drive faster )than they should and the Fire Department has emergency vehicles. She didn't see a reason not to grant the permit. The business doesn't cause a problem, and she lives next door. She didn't think there would be a noticeable increase in noise. A neighbor had a garage sale last weekend -- it's not that big a deal. Regular Planning and Zoning Commission Meeting Minutes - May 23, 1995 I "-'e 3 .I (Public Hearing: Special Use Permit - Commercial Greenhouse, Bleeker, Continued) Dick Snyder. 16445 Vallev Drive - lives just south of the greenhouse property. The garage sale brought in more traffic than the nursery. He didn't see a problem at all. He's lived there since 1988 and hasn't seen an increase in traffic other than occasional youth driving too fast. He saw no problem with this request. There is a fire station, then a dog kennel, then the nursery, then a small engine welding shop along that road. The nursery is not out of character with the neighborhood. Chairperson Squires read the letter of May 22, 1995, from Bob and Bonnie Dehn expressing concerns with the request: MOTION by Leudtke, Seconded by Jovanovich, to close the public hearing. Motion carried unanimously. 7:40 p.m. The Commission deliberated the request noting the other commercial type uses which are allowed in residential areas that are located on the neighboring parcels. Ms. Bleeker stated they were there before the other permits were granted. They also plan to construct a house on that :rcel in the future. They are already allowed to sell what they grow un the land. She felt it would be better to be in compliance with the bathroom facilities and parking lot. Commissioner Leudtke stated he is familiar with the road and is concerned with the safety of pedestrians and bike traffic. There are curves on the road with no shoulders and no turn lanes. He was also concerned with the lack of restroom facilities. Commissioner Jovanovich noted there would be more advertising, creating an increase in everything by granting the Permit. Chairperson Squires felt this is more in tune with the surrounding neighborhood as opposed to a "commercial operation". Eighty percent of what takes place on that site is not affected by what happens tonight. The question is whether the other 20 percent of what takes place on the property creates enough of a problem that the Special Use Permit should be denied. Mr. Carlberg stated the Permit can be approved based on the facilities as shown. If they want to add to the parking or more bathroom facilities or expand in any way, they would have to corne in for an amended Special Use Permit. Commissioner Peek noted this is an agricultural based use, and it doesn't make sense to build bituminous parking lots in the middle of the field. Mr. Carlberg stated he does have some concerns with the parking facilities and the incline to the adjacent street. Engineering will have to look at it, and maybe they will have to upgrade the parking facilities. It should be measured to be sure ample parking is provided. 's. Bleeker stated they could use more grade on the driveway. They need co add more recycled concrete to it. They will also add bathroom facilities. She stated the area on the south end of the lot has a lot of trees and is where they want to build a house. She wouldn't want to put the driveway and parking there. Mr. Carlberg stated the construction of a residence on the parcel will have no impact on the Permit. Regular Planning and Zoning Commission Meeting Minutes - May 23, 1995 'lge 4 I (Public Hearing: Special Use Permit - Commercial Greenhouse, Bleeker, Continued) MOTION by Doucette, Seconded by Peek, to recommend acceptance of the Special Use permit at l6473 valley Drive to the City Council with the following conditions: l) The Special Use Permit be subject to an annual review and site inspection by Staff. 2) The Special Use Permit shall be subject to a sunset clause as specified in Ordinance No.8, Section 5.03(D) unless a renewal is granted by the City Council. 3) That two satellite lavatories be on site in sanitary condition and usable. 4) That the parking facilities not be expanded any larger than it already is. 5) That the grade for the parking and access of the road be improved and request Staff to work with the property owner to corne up with an acceptable solution. 6) Limit hours of operation to Wednesday through Sunday, lO a.m. to 6 p.m. A public hearing was held. There were concerns of neighboring residents of traffic patterns in the area. Motion carried on a 5-Yes, 2-No (Jovanovich, Leudtke) vote. 8:05 p.m. ORDINANCE NO. 87, AN ORDINANCE REGULATING ~:O Mr. Haas reviewed the ordinance rev~s~ons proposed by the 3nowm Task Force. The Task Force held four meetings and spent a great d 1 of time obtaining information from other cities. The major revisions include a requirement that youth between the ages of 14 and l7 obtain a innesota Snowmobile Safety Training certificate, that snowmobiles annot speed in excess of 15 miles per hour on any public City street i the municipality, on any county road or on any county state highway i the urban district, and that snowmobiles are prohibited anywhere along R und Lake Boulevard between 133rd Avenue NW and South Coon Creek Drive. e has received no response on the proposed amendments from the City Attor ey or the Anoka County Sheriff's Department. In responding to ques 'oos from the Commissioners, Mr. Haas noted no change is proposed to e requirement that snowmobiles remain in the roadway on the far righ hand side of the road next to the curb or shoulder. They are not a owed in the right of way or any boulevard. The age requirement for the aining certificate came from the State. If they do not have the certific te, they won't be allowed to ride on any streets within the City. The ndover Snowmobile Club is working with the Sheriff's Department to set some patrol and to schedule seminars. Champlin has a similar program at is apparently successful. The snowmobile club is also working n establishing some funding for enforcement and training. The club w 1 be actively working with people to inform them of the rules and with la downers to keep snowmobilers off the fields. He also noted that there h been no change to the use of 'ATVs in the City. They are allowed 0 y on private property with Ipermission, not on any county or City stre t. MOTION by Apel, Seconded by Putnam, carried unanimously. 8:16 p.m. Motion DEHN'S GARDEN 6127531711 P.13t Bob i Bonnie; 16485 TullpSt.N.\Y. ...... Anoka,MN55304' .... 753-2606' l:J.esh ~\'~,s.!(- -14 -pr " , Herbs & Veget?f. ,I I /lM ttc.u-t eur-~ i-klLL . ;!I I II . II I 5'-ll't t.' fttl>f-11.vl"'O Y g7U';Lj- ~ti #f/lltSS /d7U i I . . Jjuu (!M(ier;j - td'J rJ(lt~ . I I .: Kt: fu-~ (I.R.tU';'LY.. (h ft-"";,,,LLt;{ J ~.lC^ r"fS'e-- i . I~r 'IX S) JtlilLt :ti2tu~ . ;:I! ! ./ t? .t{., /l't..~\Zd' kDQJ: A.es(.i:4~ ! () . ;;1 I : (f) (!-]JtO/fl,'tJ ul.... S' /LU~?J rkU,utf '4MP<e -T U YO it!..! U 0tM-e.5 'I--' / ~l(;l/' r .....v r:~i~...trl y, i :k l-ba4 /J1 Hp- de Ad"" '1'1/ """,s ~ {.'. , o/-{n~. ;;J ~r?j: 'I. ' '/ \ / 11 .1. I It<. jJ~~~(/f& Q'1'f...e 1$ {~t~/.e# ~. a;W -" ~ 1/ 7:. 'I : U(=~.(~'{l~,n-r~~ (-U.L. dl'{~). : Ii ! )( t.e ':'S 'l ;Jt:J.<.Uef /l~ J' 4A.-L d..;f t: C&tc~ 4' ~ aT. tVUa.-' ~ YI&cr.5~ ~ Sj2H;LU q~ -,^-I~t:~(;"" ~ 4r--1- ~ ,. ) 'I'-:. C~t:A-~~ l , :; ~ I :. \... . ">-l.. "I .~.. ttJJ..~)oZ u.... . ~ A "" 1" /. : II J i .' / w'f: U f l..o/ } .:t-"-C.,. .~t:t. ,,,,'yz a.~ /7r.o-r U-C!I U._(,L-/ ~ ~ tI.. jJ-tL'!i-. J- L.t,-<~l...- Q..{)-)l.......,..... 0" i~ &(.' 4......yi....t_. ; j: {tt.e~/(..~ ~.;.<4' a-tl-c'-(..c.. _k~'7t':~)r. ! :; r; . ~An-;r,e~.. ~ :, I,:: i.IU.i.......~. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION May 23, 1995 AGENDA ITEM 3. Public Hearing - Special Use Permit Commercial GreenhousE 16473 Valley Drive DATE ORIGINATING DEPARTMENT Planning David L. Carlberg Planning Director BY: APPROVED FOR AGENDA B~ REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by Michael and Sue Bleeker to operate a commercial greenhouse on the following described property: l6473 Valley Drive (PIN 17-32-24-22-0009). The property is legally described on the attached Exhibit A and is zoned R-1, Single Family Rural. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03 lists those uses allowed by Special Use Permit. In an R-l, Single Family Rural District, commercial greenhouses are permitted by the granting of a Special Use Permit. 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. COMMISSION CONSIDERATIONS The Commission should seriously consider the parking requirements and the facilities provided to the merchant at the location. Staff will discuss these issues in greater detail at the meeting. For further background information please consult the attached Special Use Permit application and letter from Michael and Sue Bleeker indicating their intentions. Page Two Special Use Permit - Commercial Greenhouse l6473 Valley Drive Michael & Sue Bleeker May 23, 1995 J COMMISSION OPTIONS 1. The Planning and Zoning Commission may approve the Special Use Permit requested by Michael and Sue Bleeker to operate a commercial greenhouse on the property located at 16473 Valley Drive (PIN 17-32-24-22-0009). 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. 2. The Planning and Zoning Commission may deny the Special Use Permit requested by Michael and Sue Bleeker to operate a commercial greenhouse on the property located at 16473 Valley Drive (PIN 17-32-24-22-0009). 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. If the Commission choose to recommend approval of the Special Use Permit, the following conditions should be included: 1. The Special Use Permit be subject to annual review and site inspection by Staff. 2. The Special Use Permit shall be subject to a sunset clause as specified in Ordinance No.8, Section 5.03(D) unless a renewal is granted by the City Council. 3. Other conditions as established by the Commission in relation to hours of operation, parking and the facilities. ) / \ (6 ~ r,'~, _U, ----- . . n ~ (~ -J+-!,~,~2~Q.i}'~~:C_' ~~" ~ .~0 ~~~.~," ~. ,-,--~. .'1-';-'-: , ~~ _,,~..... " . " \ / L ~ ,I ..' : _. - - ' ':;';7[-""- ' _ '0-'-. ( "'" L"': . -, , K,- 'I'"':\l"'~. . 'ATCSro~:I--' .2'x} 'I . . ~ -,J j ""-. E:': _~ I I ! ti~'';-{''~ "H,'''''' i liT ; f---J ~_/- / ~ , ; ~ ~ ,~ ,1: '''':::"il ,.." " '-, ':i: ,I--- ,...... 4. '. 0-''''- .' -",'Y~ PINE ..~., _.___, ,'__..J~' ,"':...,...,.q"........".1 ~.....",d" ,,.It..': . . _ , . ~ ,,-.......: _ ...~ . . 'CEO"" eM' ",rAlc,: . I . ',.0 ',' ". . . '.;1;>. ;i;:L , . K';, '. 'X--': ','~;'~ He"" ---'I , , .. -,---,. - (;='~:'of'" .~, , ..' '.:"~'."." 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I.LJ ;:. - a: o , ClD~ ffj ;, .J" ~'..4 .~-' ~ ..1~.<et~ ~ I c0- Il) o ;:: o q' :> t: -~~~'-'~'.~ ,j ~ "Qr/ ;:, ch'.~S...." .<;: ;50 f.z) -', ('0) .$t?T. ...:L I i I I . I I ~ I ..i i [. I i L"'Vrd-"""6' C;' , '....... #. 5 ...L ~ I , ..~ I ~; " , , I ~ ". , " '0' I."': ... \ / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. · ANDOVER, MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT property Address :e: 'i 7 ~ "A.. L-l E Y 0 RicE Aio.J.~..]21<.. AI\ oj 5S.-301...j Legal Description of Property: (Fill in whichever is appropriate): ~TTJ\Ctt\:O Lot Block Addition PIN 17-3:l-J.'-t-:),::l.-cceQ (If metes and bounds, attach the complete legal description.) Is the property: Abstract )( or Torrens ? (This information must be providea-inQ can be obtained from the County. ) -----------------------,--------~-------,-------~---------------- Reason for Request {';iI'''' MAj~.(. J /l~ jJ 6f.A l-.tl~ h "t""J-( ~1 L _ , / (-J e7 Ci.L~) Section of ordinance:; 03 /'7 t:?~current Zoning I? - / I ----------------------------------------------------------------- Name of Applicant N\ \c. ~~ A F i i:I. oJ \oj S ~ F ~lee KCR. Address I ic 0 do- \I'~ 1h L'" DF l..\ A'" c:.CQ U A.. A ~ I V'> '" ^ ~ AI ~--S'-f"1 a / Home Phone 7'56'- C> S'l"-f Business Phone Signature d... ,rr .L'~ -h~ 7 '5"") - S 3 ~ C Date '-I1:)..t.? tcrc;- ----------------------------------------------------------------- "0 .!) 1-1/1/" /3.. //;: / /l/ h~ Address b3'l:",/.y-;; ~ ?/rvVc-/'V~' ,/f3v&/L'4~~ Home Phone ~ ,,c? ~usiness Phone bYS--bf/6~ Signature 4/(,~/), ~ ~ Date 5-:3 -7 S-- Property Owner (Fee Owner) (If different from above) ---------- ------------------------------------------------------ " .' 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 l50.0 Amended SUP .00 Recording Fee Abstract property ~S '-W Torrens property 4. 0 c::/ t~/'I~ 6 Z,Lfs5'" Sl: f. Receipt it Q 2/L/3L {:.c-Z.;,t..1,. Date Paid Rev. 5-06-93:d'A 5-04-94:bh 2-0l-95:bh 3-22-95:bh Res. l79-91 (11-05-9l) 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. Bleekers Landscaping is primarily a landscape installation company. We maintain an inventory of shrubs to use on residential and commercial jobs. In 1991 we began growing trees and deciduous shrubs on our property. The shrubs are purchased as small rooted cuttings or started off cuttings from the shrubs and container grown for three to five years. The majority of these are sold off site to small nurseries The trees are planted as whips or six foot branched and grown for five years to be balled and burlap. In 1994 we had occasional sales of smaller shrubs that we've grown, to the public on site. For ease of caring for the shrubs in 1995 we combined the shrubs kept in the back lot of the property with the shrubs on the front lot. This also includes some of our larger shrub inventory that we bring in each spring from Baileys nursery for use on landscape jobs. We would like to apply for a commercial green house permit to stay in compliance with the law. With all our shrubs together it's hard to say that somebody can buy one kind of shrub but not another. Approximately 80% of our shrubs and trees are grown on site. ) II 1 J ...//'. '-I... t:.. 0 ~ Q'? o o .J I , ) I i "- ) I , -' > ..J / , I" -, ./ .- \.... ~CA:"'~ '\~~ c.. '"" ~." ~ .... ...0' = 11'10" l:=--T p0~ ?- ~ '" ~ \>- ,...~ . I I [ I ~..-t~ ~ t'.--i I : (' ~",,?~ I ; J: o.:-~"'j ,.. i i i , , - z. . , :cI:l : ..J) : 0 l' ~'<..~ S ,r_ ...,.;,I..J- 60>.-::> \~ a ~\~'- L Ul : L' ~ ~ J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 · (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, May 23, 1995 at the Andover city Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Michael and Sue Bleeker to operate a commercial greenhouse on the property located at 16473 valley Drive NW (PIN 17-32-24-22-0009), legally described as part of the Northwest Quarter of the Northwest Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota. 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 Hall for review prior to said meeting. ~/~ Victoria Volk, City Clerk publication dates: May 5, 1995 May 12, 1995 J PIN: 073224440015 MARSHALL WILLIAM E & AMY L 4045 165TH AVE NW Af /.vER MN 55304 PIN: 083224330031 HILTZ ROB-LYN S & TIMOTHY J 16541 VALLEY DRIVE NW ANDOVER MN 55304 PIN: 083224330034 FRENCH RAYMOND C & LINDA D 16582 VALLEY DR NW ANDOVER MN 55304 PIN: 083224330035 FISHER JULIA A & RONALD H 3977 165TH AVE NW ANDOVER MN 55304 PIN: 083224340001 KNOLL FARMS INC 15709 ROUND LK BLVD ANOKA MN 55304 PIN: 173224210001 DEHN ROBERT JOHN JR & BONNIE L 16845 TULIP ST NW ANDOVER MN 55304 PIN: 173224220002 MILLER ELIZABETH M 16357 VALLEY DR NW ANDOVER MN 55304 PIN: 173224220003 TOBECK MARVIN W & PEARL J 16390 VALLEY DR NW ANOKA MN 55304 PIN: 173224220006 SNYDER RICHARD P 16445 VALLEY DRIVE NW ANDOVER MN 55304 , PIN: 173224220008 KOVAR EDWARD J & ELAINE L 3230 173RD LN NW ANDOVER MN 55304 I PIN: 173224220009 HEINEN JOHN B & LILIANA G 1602 118TH LN NW COON RAPIDS MN 55448 PIN: 173224220010 OBRIEN DECLAN J JR 3992 165TH AVE NW ANDOVER MN 55303 PIN: 173224220011 WARREN STEVEN A & KARIN L 16416 VALLEY DR NW ANDOVER MN 55303 PIN: 183224110001 COLEMAN WAYNE V 4008 165TH AVE NW ANOKA MN 55304 PIN: 183224110005 NELSON PALMER W & K M 4048 165TH AVE NW ANDOVER MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACOON DATE June 6. 1995 AGENDA t.o. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t.o. Amend Ordinance No.8, Sections 3.02, 4.30 and 7.03. Planning ~ David L. Carlberg, Planning Director BY: Discussion Items ~ /~. REQUEST The City Council is asked to review the attached amendments to Ordinance No.8, Sections 3.02, 4.30 and 7.03. The council tabled this'item at their April 4, 1995 meeting and referred the item back to the Planning Commission for further review and changes. The Planning and zoning Commission discussed the concerns of the Council on this item at their May 23, 1995 meeting and have forwarded the item back to the Council for approval. , GENERAL REVIEW Section 3.02 Definitions The proposed amendment would add a definition for therapeutic massage and therapeutic massage establishment. The amendment would also add therapeutic massage establishments to the definition of retail trade and services. Note: the reference to private club has been removed from the definition of therapeutic massage establishment. Section 4.30 Home Occupations The proposed amendment would add cabinet making/wood working and therapeutic massage as home occupational uses. Note: the provisions of Section 4.30 (attached) will be required to be met, which include setback requirements. Section 7.03 Special Uses Said amendment would allow therapeutic massage as a home occupation in residential districts. , . / Attached for Council review is the staff report and minutes from the May 23, 1995 planninq and zoning Commission meeting. MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 3.02 DEFINITIONS Retail Trade and Services: stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies, auto accessories, bakeries, barber shop, beauty parlor, bicycles, books and stationary, candy, cameras and photographical supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotels and apartment hotels, interior decorating, jewelry, including repair, laboratories, medical and dental research and testing, laundry and dry cleaning pick-up, processing to be done elsewhere, laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant, when no entertainment or dancing is provided, shoes, sporting goods, tailoring, theater, except open air drive-in, therapeutic massage establishment, tobacco, toys, variety stores, wearing apparel and Slmllar type uses. the e ublic. Page Two Amend Ordinance No. 8 City council June 6, 1995 SECTION 4.30 HOME OCCUPATIONS (B) General Provisions Home occupation uses may include office uses, repair services, photo or art studio, dressmaking, cabinet makin /wood workin , therapeutic massage or teaching lim1te to tree stu ents at anyone time and similar uses. Such home occupations shall include the following conditions: (Note: conditions 1-10 shall remain as written and adopted by the City council.). SECTION 7.03 SPECIAL USES. RESIDENTIAL DISTRICTS Barber Shop Beauty Shop Cemeteries Christmas Tree Sales Churches Clubs and Lodges Colleges and Similar Institutions Commercial Greenhouse Craft and antique businesses in R-4 Districts in buildings designated as historical sites by a county, state or nationally recognized historical organization Day Nurseries (thirteen [13] or more children Dog Kennels in R-1 District Only Excavations except when a building permit has been issued Golf Course Highway Construction Materials (processing and storage) Home Occupations, on a parcel of land three (3 a.) acres or larger, utilizing an accessory structure and/or exterior storage. Marinas Page Three Amend Ordinance No. 8 Ci ty council June 6, 1995 Public utility uses or structures except when located on a public right-of-way Rest Homes Riding stables storage buildings for boats, snowmobiles, or similar vehicles in R-5 only Therapeutic massage as a home occupation Two-Family home conversions (R-4 Districts only) Two-Family homes in R-4 and R-5 Districts only when lot locations are established and approved on original plat NOTE: All other sections of the Zoning Ordinance shall remain as written and adopted by the city council of the city of Andover. Adopted by the city council of the city of Andover this 6th day of June, 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victorla volk, City Clerk Regular Planning and Zoning Commission Meeting Minutes - May 23, 1995 ....'3ge 6 I (Public Hearing: Amend Ordinance 8, Clairyfing ot Line, Cont.) effect of setbacks on the placement of a h Chairperson Squires thought there may be some confusion as when side yard and rear yard setbacks would be used and what ect that would have on adjacent parcels. Mr. Carlberg tho that could be an issue and suggested possibly a better so on to the problem would be to amend the definition of the ack lines. this until Chairperson carried unaly. 1) DISCUSSION - AMEND ORDINANCE NO.8, SECTIONS 3.02, 4.30 AND 7.03 - THERAPEUTIC MASSAGE AND CABINET MAKING AS HOME OCCUPATIONS and DISCUSSION _ ORDINANCE NO. 109, AN ORDINANCE REGULATING THERAPEUTIC MASSAGE Mr. Carlberg explained the City council referred this item back to the commission for further review. He did not attend the meeting when the Council discussed the changes, but he thought there may have been a misunderstanding concerning the setback of an accessory building when used for cabinet making and wood working. The ordinance for home ~ccupations requires the accessory building to be no less than lOO feet ~rom the front, 30 feet from the side and 50 feet from the rear yard setback. He thought the real issue is with the amendment on therapeutic massage. The concern was allowing the use as a home occupation, though the ordinance on home occupations specifically limits the number of employees to one. The other concern is with allowing them to go from house to house to perform therapeutic massages. The Commission discussion also raised the concern with the inclusion of "or as a private club" on the bottom of page one of Ordinance 8, as it may have the potential of opening the doors to other types of undesirable activities. There was general agreement to delete that phrase from the proposed ordinance. Discussion was also on whether or not a therapist should be allowed to provide the service at the home of other residents. The consensus was this allows a service to the residents which will become more and more important as the population ages, especially to those who are unable to leave their homes, even though it is difficult for the City to monitor. They felt that with the required licensing, the controls are in place to prevent unwanted activities. Staff was directed to make the change in the ordinance relating to private club and to look at other provisions based on the Council's comments, then place the item on a future Planning commission agenda. b ENCLOSURES AMEND ORDINANCE NO. 53, REGULATING DOGS - REGARDING DOG Mr. Carlberg reviewed regarding the placement mendment to Ordinance No. 53 closures and the setback CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION AC110N May 23, 1995 AGENDA ITEM 6. Amend Ord. No.8 Sections 3.02, 4.30 & 7.03 DATE ORIGINATING DEPARTMENT Planning David L. Carlberg BY: Planning Director APPROVED FOR AGENDA B~ REQUEST The city council at their April 4, 1995 meeting referred this item back to the commission for further review. The council was concerned with the following: Cabinet Making~ood Working concerned with setback of accessory building where home occupation is being conducted and noise problems associated with the business. " Therapeutic Massage The council was very concerned with allowing therapeutic massage as a use (either permitted or by special) under the proposed ordinance No. 109. The council felt the language needed to be tightened in regulating therapeutic massage. A copy of ordinance No. 109 can be found with item No.7 on tonight's agenda. The Planning and zoning commission is asked to discusS the council's concerns and recommend changes to the attached amendments to ordinance No.8. ( ) Regular Andover City Council Meeting ( "i.nutes - April 4, 1995 ~ge 2 (Consent Agenda, Continued) Item II Approve plans & specs/IP95-1/woodland-creek 5th Addition (See Resolution R046-95) Hire Parks Department Employee/Public Works (Jeremy Johnson) . Amend Ordinance 19 Adopting 1994 Minnesota State Building Code / Approve 1995 G.O. Improvement/Request Bids (See Resolution R047-95 for $2,605,000) Approve 1995 Equipment Certificate (See Resolution R048-95) Approve Refunding ?f 1985B G.O. Improvement Bonds/Request fo~/Bids (See Resolution R049-95 for sale of $825,000 GO ,Improvement Refunding Bonds) Release Escrow/Crown pointe East/IP94-22 Approve Aba~ment/Delinquent Utility/PIN 29 32 24 31 0109, 143~~ Xenia Street NW / ,/ Mayor McKelvey asked for a motion to approve the Consent Agenda. Item l5 Item l6 Item l7 Item 18 Item 19 Item 20 Item 21 Motion carried MOTION by Dehn, Seconded by Kunza, to so move. 'manimously. APPROVAL OF MINUTES March 21, 1995, Regular Meeting: Correct as written. March 21, 1995, Executive Meeting: Correct as written. MOTION Moti " Seconded b Jacob 5 oTt..--app.roval of both Minutes. 1-present (Kunza) vote. ~l ORDINANCE 8 AMENDMENT AND ORDINANCE 109/THERAPEUTIC MASSAGE -' Mr. Johnson reviewed the proposed amendments to Ordinance No.8, Sections 3.02, 4.03 and 7.03 adding a definition for therapeutic massage and therapeutic massage establishments, adding cabinet making/wood working and therapeutic massages as home occupation uses, and adding therapeutic massage as a home occupation in residential districts. The Planning Commission is recommending approval. The council had some questions about allowing cabinet making/wood working as a home occupation. Mr. Johnson explained they would only be allowed on three-acre parcels or larger, that there has been no complaints in recent years on these types of operations, and that the . Special Use Permit would regulate the noise, setbacks, etC. .' Councilmernber Knight asked what would the City do if an accessory building on a three-acre parcel was close to the lot line where the noise from the machinery affects the neighbors. He was concerned that the setbacks may not be sufficient to prevent a problem with noise. Mr. Johnson stated if there are complaints, there is a process to revoke the ~, Regular Andover City Council Meeting .';.nutes - April 4, 1995 Jge 3 (Ordinance 8 Amendment & Therapeutic Massage Ordinance, Continued) Special Use Permit. Inspections are not done every year; only on complaints. He did not know if this type of business would be under OSHA standards. Also, the ordinance only allows 800 feet for the business and not more than one employee; so if the business grows beyond that, it would have to move to a commercial area. Councilmernber Jacobson was not in favor of allowing massage businesses in the City. Page 2 of the proposed ordinance states the Findings, and he questioned how the City determined there is a need for this. Councilmernber Dehn noted the presentation by a therapist before the Planning and zoning Commission. councilmernber Jacobson felt there is a real ability for the misuse of the ordinance. why allow them in the City at all? Attorney Hawkins advised if it is a legitimate use, the City cannot exclude it completely. It would be better to regulate them. Councilmernber Jacobson noted that was not the argument that was used in the Lund's Towing case. He was also bothered by allowing the therapists to leave their site and go into businesses and other private homes. On Page 4, license application, he asked why a check isn't done nationally. On ~age 5, the requirement for education applies to the person who gets the ~icense; but it does not address the requirements of any other people who might be working in the business. As written, he was concerned that the licensee could obtain the license, leave the state and leave the business to apprentices. councilmernber Jacobson also had a real problem with allowing this use in the residential areas. If it has to be allowed, he thought perhaps it would be better in a commercial area. Councilmernber Dehn stated she was familiar with massage therapists and knew the State of Minnesota is looking at a licensing program very similar to the beauticians' program. It is a legitimate therapy, likening it to beauticians; but she agreed it needs to be regulated. Other states have already licensed this field. She suggested the ordinance include reference to the City accepting the regulations and licensing that will ultimately be adopted by the State. Councilmernber Knight noted the difficult time other cities have had in regulating massage parlors once they cross over to undesirable activities. The Council continued to debate where massage parlors should be allowed in the City and repeated some of the areas of the ordinance that should be clarified and tightened up. Cara Geist, 13464 Jonquil Street - was not aware of the provision that only the licensee had to have a license. She agreed everyone working in the business should have at least the minimum requirements, that is 500 hours of education and pass the national certification exam. Any time 'a person is touching the human body there is a potential liability. At /the present time there is an attempt to get all of the Therapeutic Massage and Body Workers organizations in the state together to propose legislation this summer. She guessed it would be three years before there is a state certification program in place and agreed the industry needs to be very closely regulated because of the abuse. She also felt \ Regular Andover City Council Meeting "~nutes - April 4, 1995 -lge 4 fordinance 8 Amendment & Therapeutic Massage Ordinance, Continued) ~t would be reasonable not to allow anyone else to work with the licensee in a home occupation therapeutic massage business. Those whom she knows doing this as a home occupation do it in a room in their home and usually do not have employees. She would have to check her records but thought several other cities that regulate therapeutic massage do not allow employees or apprentices in the home setting. Ms. Geist also explained the current national accreditation and the strict standards that must be adhered to. The course she took was 600 hours, which included apprenticeship hours outside of the school. Certain insurance companies are paying claims for massage therapy. Councilmember Dehn questioned the inspection of the horne-based site. Mr. Johnson stated generally they are not inspected unless there is a complaint. councilmember Dehn felt it would be in the City's best interest to include in the ordinance that the site would be physically inspected by Staff every two or three years as time allows to be sure the facilities are up to date and appropriate for the purpose. She also felt the use in the residential area should be limited to the licensee only. ~ouncilmember Jacobson also pointed out the bottom of the first page ~mending Ordinance 8 indicates a therapeutic massage establishment can be in a private club. Is the City going to allow private clubs to be established in residential areas? The sports clubs, etc., are not in residential areas. He thought this paragraph needs to be tightened up. Again, if the City has to make provision for this use, he thought it should be in the commercial areas and the ordinance needs to be crafted tighter. He also did not agree with allowing the therapists to practice off site in any home in the City. Discussion then returned to the proposal to include cabinet making/wood working as a home occupation. councilmember Knight felt the location of an accessory building from the side and rear lot lines needs to be addressed so the noise from the machinery is not offensive to the neighbors. In discussing the procedure at this point, the council generally agreed to refer both items back to the Planning commission to consider the points raised this evening. When polled on whether or not therapeutic massage should be allowed as a home occupation in the residential area, Councilmembers Knight and Jacobson disagreed; Mayor McKelvey and councilmembers Dehn and Kunza had no problem with it if it is kept to just one operator. MOTION by Jacobson, Seconded by Dehn, to return Ordinance No. 8 ,amendment as Item 1 on the Agenda and with Item No.2, Ordinance 109, /Therapeutic Massage Ordinance, back to the Planning and Zoning Commission for revision and the tightening of the language based upon the discussion the Council had this evening. Motion carried unanimously. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATe April 4, 1995 AGENDA rn SECTION ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA Discussion Items ITEM rn Amend ordinance No.8, Sections 3.02, 4.30 and 7.03. David L. Planning .~ '"t:..- Carlberg, Director BY: REQUEST The City Council is asked to review the attached amendments to Ordinance No.8, Sections 3.02, 4.30 and 7.03. GENERAL REVIEW Section 3.02 Definitions The proposed amendment would add a definition for therapeutic massage and therapeutic massage establishment. The amendment would also add therapeutic massage establishments to the definition of retail trade and services. Section 4.30 Home occupations The proposed amendment would add cabinet making/wood working and therapeutic massage as home occupational uses. Section 7.03 special Uses Said amendment would allow therapeutic massage as a home occupation in residential districts. PLANNING COMMISSION REVIEW The Planning and Zoning commission on March 14, 1995, reviewed the proposed amendments to Ordinance No.8 and recommends to the City council approval of the amendments. Attached for council review is the staff report and minutes from Planning and zoning Commission meeting. MOTION BY: SECOND BY: ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 3.02 DEFINITIONS ( Retail Trade and Services: stores and shops selling the personal services or goods over a counter. These include: antiques, art and school supplies, auto accessories, bakeries, barber shop, beauty parlor, bicycles, books and stationary, candy, cameras and photographical supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotels and apartment hotels, interior decorating, jewelry, including repair, laboratories, medical and dental research and testing, laundry and dry cleaning pick-up, processing to be done elsewhere, laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant, when no entertainment or dancing is provided, shoes, sporting goods, tailoring, theater, except open air drive-in, therapeutic massage establishment, tobacco, toys, variety stores, wear~ng apparel and s~milar type uses. the page Two Amend Ordinance No. 8 City council April 4, 1995 SECTION 4.30 HOME OCCUPATIONS (B) General provisions Home occupation uses may include office uses, repair services, photo or art studio, dressmaking, cabinet makin /wood workin , therapeutic massage or teaching lim1te to tree stu ents at anyone time and s1milar uses. Such home occupations shall include the following conditions: (Note: conditions 1-10 shall remain as written and adopted by the city council.). SECTION 7.03 SPECIAL USES. RESIDENTIAL DISTRICTS Barber Shop Beauty Shop Cemeteries Christmas Tree Sales Churches Clubs and Lodges colleges and Similar Institutions Commercial Greenhouse Craft and antique businesses in R-4 Districts in buildings designated as historical sites by a county, state or nationally recognized historical organization Day Nurseries (thirteen [131 or more children Dog Kennels in R-l District Only Excavations except when a building permit has been issued Golf Course Highway Construction Materials (processing and storage) Home occupations, on a parcel of land three (3 a.) acres or larger, utilizing an accessory structure and/or exterior storage. Marinas page Three Amend Ordinance No. 8 City counci 1 April 5, 1995 Public utility uses or structures except when located on a public right-of-way Rest Homes Riding stables storage buildings for boats, snowmobiles, or similar vehicles in R-5 only Therapeutic massage as a home occupation Two-Family home conversions (R-4 Districts only) Two-Family homes in R-4 and R-5 Districts only when lot locations are established and approved on original plat NOTE: All other sections of the zoning Ordinance shall remain as written and adopted by the city council of the city of Andover. Adopted by the City Council of the City of Andover this 4th day of April, 1995. CITY' OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, Clty Clerk \. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (612) 755-5100 pLANNING AND ZONING COMMISSION MEETING - MARCH 14, 1995 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Acting Chairperson Randy Peek on March 14, 1995, 7:08 p.m. at the Andover city Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioner absent: Also present: Maynard Apel, Catherine Doucette, Bev Jovanovich, Jeffrey Luedtke, Jerry Putnam Jay Squires City Code Enforcement Officer, Jeff Johnson City Planning Director, David Carlberg Others APPROVAL OF MINUTES February 28, 1995: correct as written. MOTION by Jovanovich, Seconded by Doucette, to approve the Minutes. ~otion carried on a 5-Yes, l-present (Apel), l-Absent (Squires) vote. I @ PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTIONS 3.02, 4.30 AND 7.03 7:09 p.m. Mr. Carlberg reviewed the proposed amendments: section 3.02, add a definition for therapeutic massage and therapeutic massage establishment; Section 4.30, add cabinet making/wood working and therapeutic massage as home occupation uses; and Section 7.03, allow therapeutic massage as a home occupation in residential districts. MOTION by Apel, Seconded by Luedtke, to open the public hearing. Motion carried on a 6-Yes, l-Absent (Squires) vote. Skip Rither, 17410 Blackfoot Street NW - stated he talked with Mr. Carlberg about his concern with the proposal to allow wood working as a home occupation. He related a court issue in 1967 regarding a cabinet shop operating out of a home on 4065 165th Avenue, which is zoned R-3. He provided the court documents, which after a year the owner was told to cease and desist his operation in his garage. Part of that carne about because of the nature of cabinet making and wood working as a home occupation. Mr. Rither reviewed the definition of home occupation and the types of uses that are appropriate; but he did not think cabinet making and wood working fit in with that definition because they are really manufacturing, taking raw material and turning it into a product \, 'to be sold for a profit. It is in basic conflict with the smaller sized / lots because of the disruptions due to traffic, noise of the equipment, retail sales, and number of employees. He questioned whether a minimum of three acres will always be adequate as the City develops to avoid the conflicts. Such uses are allowed in the commercial areas, and those areas are where he felt these uses should be directed. If the uses are Regular Andover Planning and Zoning Commission Meeting ~inutes - March 14, 1995 /age 2 ( (Public Hearing: Amend Ordinance 8, Continued) allowed in residential areas, at what point will they be stopped and at what point is it too intense for that area? When people buy their property, they can rely on the ordinance and are assured of the peace and quiet in a residential area. This suddenly introduces a conflict. Also, Mr. Rither felt it is inappropriate that any revocation of a Special Use Permit for these uses should be based on neighbors' complaints. Most people do not like to complain because they do not want to disrupt the relationship in the neighborhood. It is unfair to place the burden on the homeowners. Finally, as a matter of public policy, he did not think the City should encourage or allow the migration of these industrial uses into the residential area. He urged the Commission to continue allowing these uses in the commercial zones and not to subordinate the rights of adjacent property owners to satisfy the desires of another. considering the health, safety and welfare of all residents, he didn't think the proposed change is truly in the best interest of the residents of the City of Andover. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, l-Absent (Squires) vote. 7:22 p.m. -Mr. Carlberg explained the cabinet making and wood working uses are Ilimited to lots of three acres or more, which virtually eliminates the R-4 zones. Also, the number of employees is limited to one other person other than family members, the space inside the accessory building and outside storage combined is limited to 800 square feet, and the setback requirements are larger than normal. These controls, plus others established through the Special Use Permit process such as hours of operation and noise, have been established to protect and screen the neighboring residents. It also prevents the business from expanding beyond a home occupation. The City's policy over the last three years has been to allow these uses, plus a process is in place should it become necessary to revoke a Special Use Permit. The Planning Department has received no complaints on them. Commissioner Apel felt the basic philosophy has changed to allow cottage industries, and the City has installed various safeguards to prevent the problems that occurred in the 1960s. These activities have gotten the support of the Council over the past few years under the "similar uses" phrase of the ordinance. This amendment merely clarifies the City's position that they are allowed by adding that specific language. He felt the operator in the court case presented by Mr. Rither was not being a good neighbor and that the city now has a means to shut it down if that same problem were to occur. Mr. Rither _ asked if these uses are included as home occupations, where does it stop? Will sheet metal and auto body shops be allowed? Because the City doesn't get any complaints doesn't mean there aren't problems, because many people will not want to complain. He did not think it was fair to subject the residents to being responsible for problems by having to complain. He felt it would be better to allow them only in the commercial areas because of the nature of those businesses. Regul~r Andover Planning ~nd Zoning commission Meeting Minutes - March 14, 1995 /age 3 ( (Public Hearing: Amend Ordinance 8, Continued) Acting Chairperson Peek reviewed the background of past requests for cabinet making and wood working, the restrictions established, and the support of the Council. The Commission and Council have the same concerns raised by Mr. Rither, which have been addressed through the Special Use Permit process. He also explained that the amendment simply adds the specific language of what has been allowed. Mr. Rither _ understood the Commission is trying to accommodate the use, but his position is that the nature of the business is not compatible with the surrounding residential area. Acting Chairperson Peek felt that is a difference of opinion, but the City's policy for the past two years has been that the uses are appropriate given certain restrictions. Mr. Rither _ suggested it is time to rethink that policy and get back to the original intent of the ordinance, which was to provide residents with some assurance when they bought their properties that they could expect certain things to occur. He again expressed his opinion that the philosophy should be to accommodate these uses in the industrial zones and attempt at all costs to avoid a conflict with the residential areas. \MOTION by Apel, Seconded by putnam, to recommend that the ordinance Ichanges be forwarded to the City Council with our recommendation of approval; and note there was a public hearing and that we did have opposition from one gentleman. Motion carried on a 6-Yes, l-Absent (Squires) vote. This item will be placed on the April 4, 1995, city Council agenda. 7:42 p.m. _ THERAPEUTIC MASSAGE ORDINANCE pointed out two changes since this was reviewed by the ission at their November 22, 1994, meeting: 1) Page 4, Se on 6, a 3, Insurance - After talking with the City Attorney, Mr. rlberg proposed the paragraph be changed to read: Each applicant a license shall file with the City a public liability insuranc olicy or certificate of insurance from a company authorized t do business in Minnesota, insuring the applicant against any d all loss arising out of the use, operation, or maintenance 0 he Therapeutic Massage Establishment. The policy of insurance sha be in limits of not less than $500,000. Failure to keep in f~~:7e and effect the insurance required herein is grounds for revo~on. 2) Page 4, Section b, 1 d - language haS"--1;leen added to include a background check from the Bureau of Crimina~._Apprehension prior to the issuance of the license. ~- , Mr. Carlberg stated the feeling was it would be difficult to obtain a $1,000,000 insurance policy, and that $500,000 would be sufficient. Acting Chairperson Peek asked about restricting the scale of the operation. Mr. Carlberg stated there is nothing that specificallY ( CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION AcnON DATE March 14, 1995 AGENDA ITEM 3. Public Hearing Amend Ord. No. 8 Sections 3.02, 4.30 & 7.03. ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning B~ David L. Carlberg BY: Planning Director REQUEST The Andover planning and zoning commission is asked to review the attached amendments to Ordinance No.8, Sections 3.02, 4.30 and 7.03. REVIEW Section 3.02 Definitions The proposed amendment to section 3.02 would add a definition for therapeutic massage and therapeutic massage establishment. The amendment would also add therapeutic massage establishments to the definition of retail trade and services. \ Note: Retail trade and services are allowed as a permitted use in NB, Neighborhood Business, SC, Shopping Center and GB, General Business Districts, and by Special Use Permit in !, Industrial Districts. Section 4.30 Home Occupations The proposed amendment to Section 4.30 would add cabinet making/wood working and therapeutic massage as home occupation uses. Section 7.03 Special Uses Said amendment would allow therapeutic massage as a home occupation in residential districts. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ..:J1Ut FI ?> . ,-\_cj-j- . p~"2.- (\\..L.X- tl ......j ORD NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER. " THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No.8, is hereby amended as follows: SECTION 3.02 DEFINITIONS Retail Trade and Services: stores and shops selling the personal serv~ces or goods over a counter. These include: antiques, art and school supplies, auto accessories, bakeries, barber shop, beauty parlor, bicycles, books and stationary, candy, cameras and photographical supplies, carpets and rugs, catering establishments, china and glassware, Christmas tree sales, clothes pressing, clothing and costume rental, custom dressmaking, department stores and junior department stores, drugs, dry goods, electrical and household appliances, sales and repair, florist, food, furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, hobby shops for retail of items to be assembled or used away from the premises, household appliances, hotels and apartment hotels, interior decorating, jewelry, including repair, laboratories, medical and dental research and testing, laundry and dry cleaning pick-up, processing to be done elsewhere, laundromat, leather goods and luggage, locksmith shops, musical instruments, office supply equipment, optometrists, paint and wallpaper, phonograph records, photography studios, service station, restaurant, when no entertainment or dancing is provided, shoes, sporting goods, tailoring, theater, except open air drive-in, therapeutic massage establishment, tobacco, toys, variety stores, wearing apparel and s~milar type uses. the page Two Amend Ordinance No. 8 Planning and Zoning commission March 14, 1995 SECTION 4.30 HOME OCCUPATIONS . " (B) General provisions Home occupation uses may include office uses, repair services, photo or art studio, dressmaking, cabinet makin /wood workin , therapeutic massage or teaching lim~te to tree ) stu ents at anyone time and similar uses. Such home occupations shall include the following conditions: (Note: conditions 1-10 shall remain as written and adopted by the City council.). SECTION 7.03 SPECIAL USES. RESIDENTIAL DISTRICTS Barber Shop Beauty Shop Cemeteries ( Christmas Tree Sales Churches Clubs and Lodges colleges and Similar Institutions Commercial Greenhouse Craft and antique businesses in R-4 Districts in buildings designated as historical sites by a county, state or nationally recognized historical organization Day Nurseries (thirteen (131 or more children Dog Kennels in R-1 District only Excavations except when a building permit has been issued Golf Course Highway Construction Materials (processing and storage) Home occupations, on a parcel of land three (3 a.) acres or larger, utilizing an accessory structure and/or exterior storage. Marinas page Three Amend ordinance No. 8 Planning and zoning commission ,I March 14, 1995 Public utility uses or structures except when located on a public right-of-way " Rest Homes Riding stables storage buildings for boats, snowmobiles, or similar vehicles in R-5 only Therapeutic massage as a home occupation Two-Family home conversions (R-4 Districts only) Two-Family homes in R-4 and R-5 Districts only when lot locations are established and approved on original plat NOTE: All other sections of the zoning Ordinance shall remain as written and adopted by the city council of the city of Andover. Adopted by the City council of the City of Andover this day of , 1995. CITY OF ANDOVER ( J. E. McKelvey, Mayor ATTEST: Victorla Volk, city Clerk I. Regular Andover Planning and Zoning Commission Meeting Minutes - November 22, 1994 'page 15 , / (Public Hea~ing: Amend Ordinance 8, Sec 8.01, 8.08 & 8.24, Continued) does not corne back until spring and there is a code viola"-ion./it outs a real burden on people who are retired and leaving the ar~a for-the winter. Again, he'd like to see the ordinance redrawn ~aking these items into account; then possibly there would be more cooperation from the citizens. Residents from the audience shouted they did not want the ordinance at all. . / , Commission putnam also wrote down six items to be addressed, but he didn't know the proper procedure to proceed at this point. Chairperson Squires asked if any commissioners supported the ordinance as proposed. Commissioner Apel stated he'd like to kill it tonight. (applause) Chairperson squires suggested on these types of issues in the past, a task force has been established of perhaps a member of the Planning commission, of the City council and residents to see if there is anything workable that could be put together to address the concerns. He felt there are some legitimate items of concern, that being it is too intrusive, too ambiguous, too vague and presented too many problems. Mayor McKelvey suggested after the first of the year that he appoint a committee consisting of two Councilmembers and at least nine residents from different areas of the City to look at this ordinance and work out an ordinance that will be satisfactory to everyone. (applause) Commissioner Dehn also asked that that be highly publicized. (applause) Commissioner Dehn and Jovanovich WITHDREW their Second and Mo"-ion to close the public hearing. MOTION by Apel, Seconded by Jovanovich, that we table this item until after the holidays and until after a task force duly appoin"-ed by the Council as done sufficient research on this topic, together with the City Staff, .so that they can bring back to us an ordinance that is more workable and feasible than this one. DISCUSSION: The Co~~ission noted the public hearing will be continued indefinitely and the issue will corne back at some point. Motion carried on a 5-~es, 2-~~sent (Pease, pee~vote. 9:37 p.m. ~ Commission recessed at this time; reconvened at 9:46 p.m. @ DISCUSSION - THERAPEUTIC MASSAGE ORDINANCE Mr. Carlberg noted the draft ordinance regulating therapeutic massage businesses in the City, which was derived from the ordinances of Elk River, Bloomington and St. pauL The purpose is to get away from massage parlors and to incorporate massage therapy as a use within the City. He asked for direction on whether or not to distinguish between massage therapy in a commercial area, the use done within the home as a home occuoation and the theraoist who works off site going f=om business to business. The City of St. Paul distinguished bet'/leen a Class A license for a commercial site and a Class B license for a home based operation which had more regulations attached to it. For both Regular Andover Planning and Zoning Commission Meeting Minutes - November 22, 1994 ,page 16 (Discussion _ Therapeutic Massage Ordinance, continued) commercial and the home occupation, there would be a license for the site as well as requiring the therapist to be licensed. Most cities require an off-site therapist to be licensed, but the individual sites are not licensed. Commissioner Apel felt that adding the feature distinguishing between commercial, home occupation and off-site therapist may complicate the understanding and the enforcement of the ordinance. He suggested it be treated as one as the draft indicates because it is easy to understand; and if there are problems, the ordinance can be amended in the future to be more specific. Commissioner Dehn asked if the State is going to license therapists. Cara Geist _ stated there is a task force to work on that issue. The massage and body work community is hugh, consisting of massage therapists, oriental body workers, energy therapists, etc. They need to get unified and then take it to the State for aooroval. It will be a two- to three-year process. That is why individual communities are enacting these types of ordinances. There is no standardized training in massage, even for what she does as a massage therapist. Unfortunately, a cosmetologist can take an 8-hour course on the weekend and call himself/herself a massage therapist. She is taking a very in- depth GoO-hour course. But when the State takes it over, there will be a minimum standard for training. Until then, it needs to be clearly stated in the ordinance; and she was very impressed with this draft ordinance, that it is really very well prepared. Commissioner Dehn asked if this ordinance will allow the aoolication of future State standards. Mr. Carlberg stated the ordinance can be amended to accommodate those requirements. This ordinance requires the therapist to have passed the National certification Examination in Therapeutic Massage and Bodywork. Ms. Geist _ stated it requires 500 hours of training before taking that examination. She did note that on Page 5, Section 2a, it states within two years. Because the license is good for four years, she suggested that the two years be changed to four years. The commission agreed. The Commission discussed several other sections of the ordinance with Ms. Geist, after which everyone agreed that t~e provisions are acceptable as written in the draft. There was a question of insurance on Page 4, Section 3. Ms. Geist suggested the paragraph be changed to "Every application for a license shall be accompanied by proof of liability insurance from a company authorized to do business..." She also listed the benefits of belonging to a non-profit professional organization in the field and felt that may be a good requirement to list.in the ordinance. The commission did not feel the ordinance should require membership to an organization, but an applicant may submit a copy of their insurance through their organization to be approved by the City Attorney. Mr. Carlberg was asked to check with the City Attorney on that paragraph as to the appropriate wording to protect the City. R~gular Andover Planning and Zoning Commission Meeting Minutes - November 22, 1994 :page 17 (Discussion _ Therapeutic Massage Ordinance, Continued) ," Commissioner Jovanovich asked about stipulating the minimum age of 18 for applicants versus using age 21. Ms. Geist explained a high school graduate must meet the education requirements, which means he or she would probably not be eligible to take the examination until age 19 or 20. Plus a person must be at least 18 years old to take the National Certification Exam. Mr. Carlberg stated l8 was the standard used in all the communities. There are also instances when people graduate from high school at a younger age, plus the legal age of adulthood is 18. The Commission did not see an issue with age 18. Ms. Geist asked about Section 7,1, whether it refers to actual laws on morals. Mr. Carlberg stated the City has a high risk sexual conduct ordinance; and if someone is found guilty of a law that affects the public health, safety or morals, it would be grounds for denial of a license. Ms. Geist asked what the annual fee would be. Mr. Carlberg was not sure at this point, but he thought $100 plus a $50 investigation fee ~ould be the annual fee for a therapist. It would be more for a commercial ooeration where a number of theraoists would be licensed. Chairoerson Squires suggested a provision be added on Page 4, Section b, -1, d, requiring a criminal background check from BCA to be conducted prior to licensing. Mr. Carlberg agreed to add a provision for that. MOTION by Dehn, Seconded by Jovanovich, to direct Staff to make the changes discussed tonight for Massage Therapists Ordinance as drafted and forward it onto the Andover City Council with those changes. DISCUSSION: The Commission also felt that for the home occupation portion, the use should be allowed by Special Use pe=mit. Mr. Carlberg stated if that is the case, the Zoning Ordinance will have to be amended to include massage therapists as a special use. He will not for~ard this to the City council until the hearings are held on the Special Use Permit provision. commissioner Dehn ADDED to the motion: Add the Special Use Permit process for home occupations. Second Stands. Motion carried on a 5-Yes, 2-Absent (Pease, Peek) vote. OTHER BUSINESS Mr. Carlberg updated the commission on the City Council's action at the November 15, 1994, regular meeting. ~"ff~:fUl y M\\~a A. MOTION by Dehn, Seconded by Apel, to adjourn. Motion carried on a 5- Yes, 2-Absent (Pease, Peek) vote. The meeting adjourned at 10:35 p.m. 'E~L ec rd~ng Secretary Regular Andover City Council Meeting Minutes - January 3, 1995 , Page 4 , APPOINT PARK AND RECREATION COMMISSION MEMBERS AND CHAIR Tom Anderson, Jeff Kieffer and Al Grabowski reque~ted reappointment. APPOINT COUNCIL REPRESENTALANOKA COUNTY HRA Councilmember Knight .in~.eated a willingness to serve; however, he would not be able to atten~e~tings during the day. Mr. Carlberg stated the first meeting is ~omorrow morning at 8 a.m. in Spring Lake Park. He offered to attenjY~hat meeting and find out how often they will meet and at what time~~The Council then asked that that information be brought back at the..<lanuary l7 meeting to consider the item again. ~/ MO~IO Y Jacobson, Seconded by Dean, that the City council appoint Dave Car. erg to recresent the City on the HRA subcommittee. Motion carried ~ ~ unanimously. . ap' ~nt the Park Commission n to be the Chair for 1995. MOTION by Jacobson, Seconded by Dehn, to members for another term and name Torn Ande Motion carried unanimously. n SPECIAL USE PERMIT/HOME OCCUPATION/2439 SOUTH COON CREEK DRIVE/PADDOCK Mr. Carlberg reviewed the request of Robert Paddock for a special Use Permit to operate a home occupation in an accessory structure at 2439 South Coon Creek Drive NW. Mr. Paddock wishes to build fireplace surrounds and cabinetry. The Planning Commission has recommended accroval with conditions. Seve=al other similar Permits have been approved in the last three to four years. The Commission has also asked for direction on amending the ordinance to specifically include woodworking and cabinet=y rathe= than include the use under "other similar uses". Robert Paddock _ stated he has a pu=chase agreement on the property contingent upon the approval of this Permit. The accessory building is already on the property, and he is aware of the BOO-square-foot requirement. Mr. Carlberg also noted the conditions noted in the Resolution are ordinance requirements. He believed the 3-acre recuirement is because that is the minimum acreage allowed for pole buildings. This parcel is about 5 l/2 acres. the Resolution granting the R004-95) Motion carried MOTION by Jacobson, Seconded by Knight, Special Use Permit. (See Resolution unanimously. , . ~~ In discussi~g the request of the Commission to clarify the ordinance, ~c\ ~ Councilmember Jacobson felt it is the Commission who should look at it \ i t and make a recommendation to the Council, rathe= than the council ~ directing them to make a change. The Commission had looked at the Horne ~ Occupation Ordinance a year or so ago and recommended no change. If they wish to look at it again, he thought they should do so. Mr. Carlberg stated Staff will bring it back to the Commission to review again. ...._~. :0.. '..1'\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - DECEMBER 13, 1994 MINUTES " " The Regular Bi-Monthly Meeting of the Andover Planning and zoning Commission was called to order by Chairperson Jay squires on December 13, 1994, 7:05 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioner absent: Also present:. Maynard Apel, Bonnie Dehn, Bev Jovanovich, Randy Peek, Jerry putnam Becky Pease City Planning Director, David Carlberg Others commissioners present: APPROVAL OF MINUTES November 22, 1994: page 15, Motion by Apel, cha:lge vote to "Motion carried on a 4-Yes, 1-No (Dehn), 2-';'.bsent (Pease, peek) vote," MOTION by Jovanovich, Seconded by Dehn, corrected. Motion carried on as-Yes, (Pease) vote. to approve the M:.nutes as 1-present (peek), 1-Absent PUBLIC HEARING: SPECIAL USE PERMIT - HOME OCCUPATION IN AN ACCESSORY STRUCTURE _ 2439 SOUTH COON CREEK DRIVE - ROBERT PADDOCK 7:02 p.m. Mr. Carlberg reviewed the request of Robert Paddock to operate a home occupation in an accessory structure at 2439 South Coon Creek Drive. The property is zoned R-4 and is approximately 5.4 acres. Mr. Paddock, whose occupation is to build fireplace surrounds and some cabinetry, wants a home-based business due to his family's health needs. The question is whether the request meets the intent of the CitY's ordinance. He provided a copy of the council's concerns with allowing some home occupations in accessory buildings as discussed at the May l7, 1994, regular meeting. The City has approved two or three other permits that have been similar in nature having to do with woodworking and cabinetry. Mr. Carlberg reviewed the applicable ordinances and criteria to be examined. If the commission chooses to recommend approval, he suggested 12 conditions be added to the Permit. Commissioner peek questioned the limitations on the size of accessory structures in an R-4 zone. Mr. Carlberg stated even though this is an R-4 zone, it is outside the MUSA where total coverage of all structures is considered. That is not exceeded in this case. He the:l reviewed several special Use Permits that have been granted in the last two to three years that have been similar in nature. No complaints have been received on any of those activities. They are all on large lots and the applicants had talked to the neighbors prior to 1:he activity. The reason for the concern is whether the woodworking and cabine1:ry activity is outside of the intent of the ordinance. Regular Planning and zoning Commission Meeting Minutes - December 13, 1994 ,Page 2 I (Public Heari~g: Special Use Permit, Home Occupation, 2439 South Coon Creek Drive, Continued) MOTION by Dehn, Seconded by putnam, to open the public hearing. Motion carried on a 6-Yes, i-Absent (Pease) vote. 7:15 p.m. Robert Paddock _ stated he lives in Anoka right now and has been doing this for five years. In August he became aware of the need for a Permit in Anoka, but their ordinance specifically excludes carpentry work as a home occupation. He lives along the Mississippi River in an urban setting and has been doing this full-time for 1 1/2 years. Many of his neighbors didn't even know he was operating the business except the very close ones which he talks to. Noise has not been a oroblem. He feels it is necessary that he work out of his home. He has.not had an employee yet; but because of his wife's health, he felt he may need one other person at some point. The=e is ve=y little traffic. He expected a Speedy Delivery or UPS truck once a week and a lumber truck about once every three months. He does not do retail work, even discouraging it, other than by word of mouth. All orders are taken by fax and billed by mail, In response to questions by the commissioners, Mr. Paddock stated he had hoped to use the entire accessory str~cture for the business; but he now realizes he can only use 800 square feet of it. The building is al=eady partitioned off. It is a stick f=ame garage which he will need to insulate, heat and make some modifications. He is planning to purchase the property contingent upon approval of this Pe=mit. There would be no outside storage. The only vehicle is a half-ton pickup which is his personal vehicle used for deliveries. The buildings on the lot are 300 'feet off the street and are quite secluded with a lot of vegetation all around. He did not see a problem with scrap material. What is not burned for heat is disposed in the regular dumpste=. Re has not had a problem of exceeding the disposal limit. He does not generally have specific hours of operation. It depends on the family activities. He likes to get the children off to school in the morning, so he may start at 10 a.m. It is unusual to work in the evenings; and if he does, it is not beyond lO p.m. He asked if the hours of operation must be stipulated. commissioner Apel felt in a situation such as this, it is not necessary to stipulate hours of operation. The reason for the home-based operation is to have that flexibility. AS long as there is no noise problem, he didn't feel the City should be dictating hours of operation in this case. Mr. Carlberg noted there are other ordinances that would cover problems that may arise from the hours of operation such as the Noise Ordinance regulating noise from 10 p.m. to 7 a.m. The City is not required to stipulate hours of opera~ion. In looking at other similar requests, the only difference is the zoning designation. This is R-4, though it is la=ge acreage. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion car=ied on a 6-Yes, i-Absent (Pease) vote. 7:25 p,m. .' Regular Planning and zoning Commission Meeting Minutes - December 13, 1994 'Page 3 I (Public Hearing: Special Use permi=, Home Occupation, 2~39 South Coon Creek Drive, continued) commissioners Peek, Apel and Dehn pointed out the request is consistent with the interpretation of the ordinance in the past when similar uses were granted. They also felt that the conditions proposed would cover any of the problems that may arise. Commissioner Jovanovich had a concern with these types of businesses located in a residential area. She noted Brooklyn Center has an industrial area where small businesses can rent space. Andover does not have such an area where small businesses can go. Commissioner Apel argued in this case the applicant wants to be close to his family because of health problems. Forcing them to rent space in an industrial area overlooks the major reason why people want home occupations. He also noted that concept has been tried in other places and were unsuccessful. People want home occ~pations for convenience and economic considerations. Once they have to take on the overhead of rent, the occ~pation fails. He felt ~he Special Use Permits can take care of any concerns that may arise. Commissioner Jovanovich has seen small industrial areas with rental space be successful, and such an industrial area also adds to the tax base. commissioner Peek stated the Ci~y has a relatively liberal home occupa~ion ordinance in that it is willing to allow the residen~ial area as an inc~ba~or for s:nall businesses. Mr. Carlberg no-ced once the business exceeds the requirements of a home occupa~ion, then it would be appropria~e to move into a commercial area. Chairperson squires was concerned with the language in the ordinance. It appears the woodworking and carpentry uses are conducive to the larger lot areas, and they have been allowed. He thought the Commission should suggest to the Council that a provision be included in the ordinance allowing things like this in large-lot areas, perhaps irrespec~ive of zoning. He isn't necessarily opposed to the application; bu~ it is another situation where the "repair" ca~egory doesn'~ fit. The commission generally agreed but noted that direction should come from the elec~ed officialS. In discussing the issue further, Mr. Carlberg stated he receives few complaints on home occupations tha~ have received Special Use permits. He agreed an amendment is needed to the ordinance to allow the carpen-cry and cabinetry work to a degree. commissioner Dehn asked if it would be appropriate to add a provision to allow crafts and other cottage industries as home occupations as well as carpen~ry. The Commission felt tha~ would be too broad. Care must be taken not to open it up to uses tha~ the City does not want. MOTION by peek, Seconded by Apel, that the planning and Zoning Commission fo~~ard to the Andover Ci~y Council the recommenda~ion for approval of the Special Use Permi~ requested by Robert ?addoc1<~ co opera<ce a home occupacion, which is to build fireplace surrounds and miscellaneous cabinetry, to be conducted in an existing accessory structure located at 2439 Sou-ch Coon Creek Drive, legally descri~ed as The Eas<c 496.5 feet as measured along the South line thereof, of the southeast Quarter of the Nor<cheast Quarter of Section 28, Townshio 32, Range 24, lying South of the centerline of County Ditch No. 57,-also Regular Planning and Zoning Commission Meeting Minutes - December 13, 1994 'Page 4 / (?ublic Heari~g: Special Use Pe~~i:, Home Occupation, 2439 South Coon Creek Drive, Continued) known as Coon Creek, Anoka County, Mi~nesota. The Commission finds that the request meetS the intent of the criteria established in Ordinance No.8, Section 4.30 and 5.03. The Commission also finds that the use is permitted by special use under Ordinance No.8, Section 7.03, Residential Districts. The public hearing was held and there was no negative comment. Testimony was given by the applicant. The Special Use Permit shall contain the following conditions, No. 1-12 contained in the packet. Add No, 13 that the Special Use Per~it is contingent upon the purchase of the property by Mr. Paddock. Motion carried on a 6-Yes, i-Absent (Pease) vote. MOTION by Peek, Seconded by Jovanovich, that the Planning Commission forward a request to the City Council for consideration of Ordinance 8, Section 4.30, Home occupations, to receive direction si~ce we have had three similar applicat:ions for this type of use within the last 18 months, that it should be studied to review the ordinance to accommodate. Mot:ion carried on a 6-Yes, i-Absent (Pease) vot:e. 7:38 p.m. Mr, Carlberg not:ed this will be placed on the January 3, 1995, City Council agenda. ..- v OTHER BUSINESS Mr. Carlberg updated the Commission on the actions taken by the City Council on Planning commission items at its December 6, 1994, meeting. Mr. Carlberg noted the ter~s of Chairperson Squires and Commissioner Apel expire on December 31, and they have reapplied for their positions. The Council chose not to aoooint new Commissioners to allow the new Cou~cil to do so. In addl~ion, Commissioner Dehn has resigned her position, which must be filled. ~he ordinance states the Commissioners are to continue to serve until reappointed or the position is filled. Mr. Carlberg stated there is one item for the if the applicant is willing to hold the item December 27 meeting will be cancelled. Commissioners when the decision is made. December 27 meeting; and over until Januarv, that He will contact the Commissioner Jovanovich had pictures of a housing development built among high power lines in Tacoma, Washington. people have been experiencing problems with garage doors opening and closing, lightS going on and off, etc., as a result of the power lines being 40 feet from houses and garages. The City has since changed their ordinance Commissioner Dehn st:at:ed she has received calls complaining about snowmobiles. Mr. Carlberg stat:ed the Council has requested the Commission revie'lI the ordinance again. The bigges-=. issue is in t:he urban area. A public hearing is scheduled for January 10 to receive public testimony on the ordinance. The Commission asked that the hearing be well publicized and that the snowmobile clubs be contacted. \ ordinance No. a, Section ( (H) All other exterior storage shall be limited to items offered for sale provided they are within yard requirements and are located in containers such as tire racks, metal trays, and similar structures designed to display merchandise. (I) The entire site other than that taken up by a structure or planting shall be surfaced with asphalt, concrete, or other material approved by the governing body. (J) All structures and grounds shall be maintained in a neat, orderly, clean, and safe manner. ," (K) pump islands are subject to yard requirements. 4.30 Home occupations @ (A) Intent: planning principles protect the public interest in part by avoiding land use conflicts. One such conflict involves differences between commercial activities and residential activities. This confrontation has commonly been resolved by relegating commercial activities to commercial zoning districts. However, some limited commercial activities have been allowed in residential areas, and have had no negative impact. ( The purposes of this section are to: 1) allow such limited passive commercial uses as would not detract from the character and integrity of residential neighborhoods; 2) identify conditions under which such uses may be permitted, and 3) continue to require all other commercial uses to be located only in commercial zoning districts. (B) General provisions Home occupation uses may include office uses, repair services, photo or art studio, dressmaking, or teaching limited to three (3) students at anyone time and similar uses. Such home occupations are subject to the following conditions: 1. The number of employees shall be limited to one (1) person on site in addition to family membe:s. 2. The area within the principle structure used by the home occupation shall not exceed twenty (20%) percent of the dwelling's livable floor area. Basements may be included if they meet all Uniform Building Code requirements for ingress and egress. 3. on-site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. 4. Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling. page 34 Ordinance No.8, Section 5. Vehicles associated with a home occupation shall be limited to one (1) vehicle on the premises and as set out in Section 8.0B. 6. Unusual parking and traffic patterns shall not be created, which are not normally found in the neighborhood, and in no case, shall the need for more than three (3) additional vehicles be created on the property. 7. Signs shall be regulated as set out in Section 8.07. 8. A Special Use Permit shall be required for any home occupation that is located in an accessory structure and/or that requires exterior storage. These home ~ccupations shall be subject to the following conditions: a. The size of the lot shall be three (3 a.) acres or larger. b. The specific location and size of an accessory structure and/or outside storage area shall be as allowed by the city. c. The combined square footage of the pccessory structure and outside storage area shall not exceed eight hundred (800 s.f.) square feet. / d. Setbacks of the accessory structure and outside storage area shall be of a magnitude found necessary by the city, but in no case shall it be less than one hundred (100') feet front yard setback, thirty (30') feet side yard setback, and fifty (50') feet rear yard setback or as required in Section 6.02. e. The outside storage area and all vehicles, materials and equipment being stored there shall be fenced, landscaped and screened in such a manner as to prevent it from being visible at any time of the year from road right-of-ways, public properties and surrounding properties. 9. In acting upon an application for a Special Use Permit, the City Shall consider: a. The effect of the proposed use upon the health, safety and general welfare of the City including but not limited to the factors of noise, glare, odor, electrical interference, vibration, dust and other nuisances; fire and safety hazards; existing and anticipted traffic conditions; and parking facilities on adjacent streets and land. b. The effect on surrounding properties, including valuation, aes~hetics and scenic views, land uses, character and integrity of the neighborhood. c. Consistency with the Andover comprehensive plan and Development Framework. ; page 35 Ordinance No.8, Section d. The impact on governmental facilities and services, including roads, sanitary sewer, water and police and fire. e. The effect on sensitive environmental features including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils; and other factors as found relevant by'" the city. 10. The Special use Permit is valid for one (1) year from date of issuance unless otherwise specified in the Resolution for approval and thereafter shall be automatically renewed each year unless objections or complaints are received from neighboring property ovners, the city councilor city staff and a request for review is made. c. Inspection & Revocation: The city may at any time inspect the Home occupation to determine if the applicant is strictly adhering to the special Use Permit and the conditions thereof. If it is found that the permit and the conditions of the permit are not being adhered to, the applicant shall be notified in writing by the city and given ten (10) days to come into strict compliance. If compliance is not achieved after that ten (10) day period, the city council shall hold a public hearing to consider the matter and may revoke the Special use permit. D. vested Rights: 1. ~ / No Home occupation allowed by special use Permit shall confer upon any person or to the benefit of any property any vested right to that use, rather the use shall remain subject to all conditions of the permit as established by the city. The city may find it necessary from time to time to review the conditions of the permit as they relate to the protection of the general welfare of the community. (8H, 7-1-80; 8MMM, 5- 15-90) 4.31 Exterior storage In all districts, the governing.body may order the owner of property to apply for a special Use Permit to conduct an open storage use, including existing uses, provided it is found that said use constitutes a threat to the public health, safety, convenience, morals or general welfare. 4.32 Quasi-Public structures No quasi-public structure shall be located within the public right-of-way except by permit issued by the governing body. Such structure shall include but not be limited to trash containers, bicycle racks, benches, planting boxes, awnings, flag poles, light / standards, stairs, stoops, light wells, loading wells, signs, and others. Page 36 J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 14, 1995 at the Andover City Hall, 1685 Crosstown. Blvd. NW, Andover, MN to discuss and possibly amend the following Sections of Ordinance No.8, the zoning Ordinance. Section 3.02 Definitions Said amendment would provide for a definition of therapuetic massage. Section 4.30 Home Occupations Said amendment would allow cabinet making and similar uses as a home occupation. Section 7.03 Special Uses Said amendment would allow therapuetic massage by Special Use Permit. All written and verbal comments will be received at that time and location. Additional sections relating to said sections of the zoning Ordinance may be amended as deemed necessary. ~~ Victor~a Volk, City Clerk publication dates: March 3, 1995 March 10, 1995 \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE .June 6. 1995 AGENDA t.o. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM t.o. Planning ~ BY: Q)- Ordinance No. 109 An Ordinance Regulating Therapeutic Massage David L. Carlberg Planning Director /'1. The city council is requested to review and approve Ordinance No. 109, An Ordinance Regulating Massage Businesses and Services within the City of Andover. The council tabled this item at their April 4, 1995 meeting and referred the item back to the Planning and 'zoning Commission for further review. The Planning and zoning Commission reviewed and discussed the concerns of the City Council at their May 23, 1995 meeting. Attached are the minutes from the May 23, 1995, Planning and zoning Commission meeting for Council review. I Attached please find the following: 1. Ordinance No. 109 2. Resolution setting fees. 3. Background information from the Planning & zoning Commission. The council is asked to approve the attached Ordinance and the resolution setting fees. J , MOTION BY: SECOND BY: / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 109 AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. The city council of Andover does hereby ordain: SECTION 1, PURPOSE. The purpose of this Ordinance is to prohibit massage businesses and services to the public except those licensed as Therapeutic Massage Establishments and Therapeutic Massage Therapists pursuant to this Ordinance. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health, safety and the general welfare of the people of the city. The purpose of this Ordinance is not intended to impose restrictions or limitations on the freedom of protected speech or expression. SECTION 2. FINDINGS. It is hereby found that within the City of Andover there is a need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: (a) Persons who have a bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. (b) Health and sanitation regulations governing therapeutic massage establishments and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. (c) License qualifications for and restrictions on therapeutic message establishments and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. (d) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. (e) Massage businesses which employ persons with no specialized and standardized training can tax city law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. SECTION 3. DEFINITIONS. The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: Clean _ The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Good Repair _ Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good sound condition. Massage Therapist - A person who practices or performs therapeutic massage on a person for compensation and meets the licensing requirements set forth in this Ordinance. Off-site Massaae Services - means massage services conducted away from a license massage establishment. Such off-site massage service locations shall include, but not limited to, businesses and private homes. Person _ Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. Thera eutic Massa e - The practice of applying pressure on, or rlction agalnst, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of a mechanical or electrical apparatus appliance, or device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparation, for the exclusive purpose of tension, stress, and pain relief, relaxation, increased range of motion, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above-described professionals, or beautician and barber who confine their treatments to the scalp, face, and neck. _ An establishment in the massage services to the public. SECTION 4. LICENSING REQUIREMENTS. a. Thera eutic Massa e Establishment License. It shall be unlaw u or any person to lrect y or ln lrectly, upon any pretense or by any device, engage in the business of keeping, conducting, or operating any massage establishment within the City of Andover, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received except a therapeutic massage establishment as defined in Section 3 and then only after first obtaining a duly issued license therefor from the city. A person who operates an establishment described in this Ordinance without a valid license issued by the city shall be guilty of a misdemeanor offense. page 2 b. Thera eutic Massa e Thera ist License. It shall be unlawful or any ~n ~v~ ua to pract~ce, a m~nister, or provide massage services to the public for consideration within the city of Andover without first having obtained a therapeutic massage therapist license. A person who practices, administers, or provides massage services as described in this Ordinance without a valid license issued by the City shall be guilty of a misdemeanor offense. SECTION 5. EXCEPTIONS TO LICENSE REQUIREMENT. A therapeutic massage establishment or therapist license is not required for the following persons and places: l. A health care facility licensed by the state of Minnesota. 2. A health care facility owned in whole or in part by the state of Minnesota or any of its agencies. 3. A medical clinic or hospital, so long as the massage is performed by a state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above-described professionals. 4. A physical therapy clinic or athletic facility, so long as the massage is performed by a state licensed physical therapist, athletic director, coach, or trainer. 5. A beauty parlor or barbershop, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the scalp, face and neck. SECTION 6. LICENSE APPLICATION. a. An ~cense shall be made 1. Initial License A~plication. All initial applications shall be accompan~ed by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The names, addresses, and dates of birth of the owners, lesees, operators, massage therapists of the proposed therapeutic massage establishment; b. A legal description and location of the premises; c. Information as to the conviction of any crime or offense committed by anyone listed on the application; d. All applications by corporations shall include the names, addresses, and dates of birth of all persons having a beneficial interest therein; e. A description of services to be provided; f. Such other information as the City Council may require. Page 3 prior to consideration of the application by the city Council, an investigation shall be made by the Code Enforcement Officer and the Building Official to determine compliance with this Ordinance of all premises proposed to be licensed and by the Anoka County Sheriff's Department of all persons listed on the license application. 2. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. For a renewal, the applicant must provide full information as required for the initial licenses for any new owners, lesees, operators or massage therapists proposed to be involved in the massage business, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lesee, operator or massage therapist. The Code Enforcement Officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. 3. Insurance. Each applicant for a license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the state of Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the Therapeutic Massage Establishment. The policy of insurance shall be in limits of not less than $500,000. Failure to keep in full force and effect the insurance required herein is grounds for revocation. An be at 1. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The name, age and address of the applicant; b. The length of experience in this occupation and the past places of employment and position held; c. A description of any crime or other offense, including the time, place, date and disposition, for which the applicant has been arrested and convicted; and d. A statement as to whether the individual has had any license denied, revoked or suspended in the City of Andover or the state of Minnesota, the reason therefore and the business activity or occupation of the individual subsequent to such suspension, revocation or denial. A background check from the Bureau of Criminal Apprehension may be required prior to issuance of the of a license. page 4 The license application shall thereafter be reviewed by the city Clerk, Anoka County Sheriff's Department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Clerk who will submit all of the reports and recommendations to the City Council. The Council shall either grant or deny the license. 2. Educational Requirements. Each applicant for a therapeut1c massage therapist license shall furnish with the application proof of the following: a. Verification that the applicant has passed the National Certification Examination in Therapeutic Massage and Bodywork within four years prior to the date of the application. 3. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. The Code Enforcement Officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. SECTION 7. ADVERSE ACTION; GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION. 1. It shall be grounds for denial of the application or for revocation or suspension of the license if the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that apply to the public health, safety, and morals. 2. It shall be grounds for the denial, revocation or suspension of the license if convicted of any violation, reasonably related to the licensed activity and/or occurring on the licensed premise, of any city ordinance or federal or state statute. 3. It shall be grounds for the denial, revocation or suspension of the license if there is fraud or deception involved in the license application. 4. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be in control or possession of any alcoholic beverages or narcotic drugs and controlled substances on the premises for which they are licensed to operate, possession which is illegal as defined in Minnesota statutes or Andover City ordinances. 5. It shall be grounds for the denial, revocation or suspension of the license if the licensee has evidenced in the past willful disregard for health codes and regulations. 6. It shall be grounds for the denial, revocation or suspension of the license if the applicant fails to provide all the information and certificates required by this Ordinance. page 5 7. It shall be grounds for the denial, revocation or suspension of the license if the licensee shall refuse to permit any authorized police officers or authorized members of the city to inspect the premises or operation. 8. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be violating provisions of this Ordinance. / SECTION 8. SANITATION; APPOINTMENT CALENDAR; RULES AND REGULATIONS. 1. Sanitation. All licensed massage therapists conducting off- site massage services shall establish and maintain a supply storage facility containing any and all materials used in conducting off-site massage services. The Code Enforcement Officer, Building Official, and/or other city representatives shall have the right to enter and inspect the storage facility at all reasonable times. Rules as to required sanitation and storage shall be adopted in accordance with this Section. 2. Appointment Calendar. All licensed massage therapists shall keep a record of all off-site massage services performed. The record shall be legible, written in ink and in the English language. It shall include the name of the massage therapist, the name of the person(s) receiving massage services, the address where the massage service was performed and the date and time of such service. The record shall be maintained for a period of two (2) years from the date the massage service was performed. Such record shall be open for inspection by the City Administrator or his/her authorized representative at all reasonable times. 3. Rules, Regulations and Restrictions. All massage therapist licensees shall: l. Display current licenses in a prominent place at the place of employment. 2. Not allow the licensed prem~ses to be open for business or allow patrons to be on the prem~ses between the hours of 11:00 p.m. and 7:00 a.m. of the same day. 3. Require that a person who is receiving a massage shall have their genital areas covered with an appropriate opaque covering. In addition to the above rules, regulations and restrictions, the City Clerk may upon notice and hearing promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this Ordinance to protect the public health, to provide for safe and sanitary operation of licensed therapeutic massage establishments, to provide for the safety of therapeutic massage and related massage equipment and for the proper training of persons employed in the operation of such massage establishments. Notice of the promulgation of such rules and the hearing date shall be given to all licensees, and notice of the hearing date published once in the legal newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when filed in the office of the City Clerk. Violation of such rules Page 6 shall be sufficient grounds for adverse action against licenses issued under this Ordinance. SECTION 9. MANAGER OR AGENT. Before a license is issued under this Ordinance the applicant shall designate in writing a natural person who is to be manager and in responsible charge of the business and upon whom services of process may be made. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the city and Anoka County Sheriffs Department in writing of any change indicating the name, address and date of birth of the new manager and the effective date of such change. SECTION 10. SUBMISSION OF PLANS AND SPECIFICATIONS. All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as therapeutic massage establishments which are open to the public, shall comply with the requirements of the State Building Code and all amended codes. To the extent the Building Code or Fire Code do not impose more restrictive requirements, the provisions of this Ordinance shall govern. SECTION 11. CONSTRUCTION AND MAINTENANCE REQUIREMENTS. 1. Floors, walls, and equipment in massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in conjunction therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with locking devices and shall not be blocked or obstructed from either side. SECTION 12. VIOLATIONS AND PENALTIES. Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of any act constituting a violation of this Ordinance, whether individually or in connection with one or more persons or as principal or agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly, or willfully, induces causes, coerces, requires, permits, or directs another to violate any of the provisions of this Ordinance is likewise guilty of a misdemeanor. Each violation of this Ordinance shall constitute a separate offense. Conviction of a violation of this Ordinance shall be grounds for suspension or revocation of any license issued hereunder. / page 7 SECTION 13, SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 14, VALIDITY AND EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and publication according to law. Adopted this 6th day of the city of Andover. June , 19~, by the City Council of CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: victoria Volk, City Clerk I page 8 I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION ESTABLISHING FEES FOR THE LICENSING OF THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS. The city Council of the City of Andover hereby ordains: The following therapeutic massage licensing fees are hereby established: Therapeutic Massage Establishment Single Application Fee - $200.00 corporate Application Fee - $300.00 partnership Application Fee - $300.00 Renewal Fee for all the above - $150.00 Note: The above fees include the investigation fee. Massage Therapist Annual License Fee - $l50.00 Note: The investigation fee is included. Adopted by the City council of the City of Andover on this 6th day of June, 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST victoria Volk, City Clerk Regular Planning and zoning Commission Meeting Minutes - May 23, 1995 'Page 6 / (Public Hearing: Amend Ordinance 8, Lot Line, Cont.) effect of setbacks on the place nt of a house. Chairperson Squires thought there may be some co sion as to when side yard and rear yard setbacks would be used what effect that would have on adjacent parcels. Mr. Carlbe thought that could be an issue and suggested possibly a bette solution to the problem would be to amend the definition of setback lines. pel, Seconded by Jovanovich, to table this until Chairperson comments are straightened out. Motion carried unanimously. 00 DISCUSSION - AMEND ORDINANCE NO.8, SECTIONS _ THERAPEUTIC MASSAGE AND CABINET MAKING AS DISCUSSION _ ORDINANCE NO. 109, AN ORDINANCE MASSAGE 3.02, 4.30 AND 7.03 - HOME OCCUPATIONS and REGULATING THERAPEUTIC Mr. Carlberg explained the City Council referred this item back to the Commission for further review. He did not attend the meeting when the Council discussed the changes, but he thought there may have been a misunderstanding concerning the setback of an accessory building when used for cabinet making and wood working. The ordinance for home occupations requires the accessory building to be no less than 100 feet , from the front, 30 feet from the side and 50 feet from the rear yard setback. He thought the real issue is with the amendment on therapeutic massage. The concern was allowing the use as a home occupation, though the ordinance on home occupations specifically limits the number of employees to one. The other concern is with allowing them to go from house to house to perform therapeutic massages. The Commission discussion also raised the concern with the inclusion of "or as a private club" on the bottom of page one of Ordinance 8, as it may have the potential of opening the doors to other types of undesirable activities. There was general agreement to delete that phrase from the proposed ordinance. Discussion was also on whether or not a therapist should be allowed to provide the service at the home of other residents. The consensus was this allows a service to the residents which will become more and more important as the population ages, especially to those who are unable to leave their homes, even though it is difficult for the City to monitor. They felt that with the required licensing, the controls are in place to prevent unwanted activities. Staff was directed to make the change in the ordinance relating to private club and to look at other provisions based on the Council's comments, then place the item on a future Planning commission agenda. , , / eE-fffl. 53, REGUf:;A.tpHlG-J)l)GS - REGARDING DOG Mr. Carlberg reviewed regarding the placement amendment to Ordinance No. 53 nel enclosures and the setback ----- -. ( CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION AcnON May 23, 1995 AGENDA ITEM 7. Discussion Ordinance Regulating ~ Therapeutic Massage DATE ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA David L. Carlberg Planning Director BY: BY~ The city Council tabled this item at their April 4, 1995 meeting and directed the Planning and zoning Commission to revise the proposed ordinance, Ordinance No. 109, An Ordinance Regulating Therapeutic Massage. Attached for Commission review are the minutes from the city Council meeting. The Commission should be prepared to discuss the concerns raised by the Council. ( ~ ' Regular Andover City Council Meeting ~inutes - April 4, 1995 -"Jge 2 (Consent Agenda, Continued) Item 11 Approve Plans & specs/IP95-1/woodland Creek 5th Addition (See Resolution R046-95) Hire Parks Department Employee/Public Works (Jeremy Johnson) Amend Ordinance 19 Adopting 1994 Minnesota State Building Code , Approve 1995 G.O. Improvement/~equest Bids (See Resolution R047-95 for $2,60S;000) Approve 1995 Equipment Certificate (See Resolution R048-95) Approve Refunding of l~85B G.O. Improvement Bonds/Request for B~ (See Resolution R049-95 for sale of $825,000 GO Impyuvement Refunding Bonds) Release Escrow/cyown pointe East/IP94-22 Approve Abate~nt/Delinquent Utility/PIN 29 32 24 3l 0109, 14339 xenia Street NW // asked fox/a motion to approve the Consent Agenda. / MOTION by Dehn, Se~onded by Kunza, to so move. Motion carried ( unanimously. Item 15 Item l6 Item 17 Item l8 Item 19 Item 20 Item 21 Mayor McKelvey APPROVAL March 2 , 1995, Regular Meeting: Correct as written. March 1, 1995, Executive Meeting: Correct as written. M ION by Knight, Seconded by Jacobson, approval of both Minutes. otion .carried on--a."4_Yes',--1-pf"eserit-pUinz.3.) vote. (ji,. ORDINANCE 8 AMENDMENT AND ORDINANCE 109 /THERAPEUTIC MASSAGE Mr. Johnson reviewed the proposed amendments to Ordinance No.8, Sections 3.02, 4.03 and 7.03 adding a definition for therapeutic massage and therapeutic massage establishments, adding cabinet making/wood working and therapeutic massages as home occupation uses, and adding therapeutic massage as a home occupation in residential districts. The Planning Commission is recommending approval. The Council had some questions about allowing cabinet making/wood working as a home occupation. Mr. Johnson explained they would only be allowed on three-acre parcels or larger, that there has been no complaints in recent years on these types of operations, and that the Special Use Permit would regulate the noise, setbacks, etc. ',Councilmember Knight asked what would the City do if an accessory /building on a three-acre parcel was close to the lot line where the noise from the machinery affects the neighbors. He was concerned that the setbacks may not be sufficient to prevent a problem with noise. Mr. Johnson stated if there are complaints, there is a process to revoke the Regular Andover City Council Meeting 'finutes - April 4, 1995 'ge 3 (Ordinance 8 Amendment & Therapeutic Massage Ordinance, Continued) Special Use Permit. Inspections are not done every year; only on complaints. He did not know if this type of business would be under OSHA standards. Also, the ordinance only allows 800 feet for the business and not more than one employee; so if the business grows beyond that, it would have to move to a commercial area. ~p~~~ounCilmernber Jacobson was not in favor of allowing massage businesses ~~ in the City. Page 2 of the proposed ordinance states the Findings, and l he questioned how the City determined there is a need for this. . Councilmernber Dehn noted the presentation by a therapist before the Planning and Zoning Commission. ( councilmernber Jacobson felt there is a real ability for the misuse of the ordinance. Why allow them in the City at all? Attorney Hawkins advised if it is a legitimate use, the City cannot exclude it completely. It would be better to regulate them. Councilmember Jacobson noted that was not the argument that was used in the Lund's Towing case. He was also bothered by allowing the therapists to leave their site and go into businesses and other private homes. On Page 4, license application, he asked why a check isn't done nationally. On Page 5, the requirement for education applies to the person who gets the ~icense; but it does not address the requirements of any other people Jho might be working in the business. As written, he was concerned that the licensee could obtain the license, leave the state and leave the business to apprentices. Councilmernber Jacobson also had a real problem with allowing this use in the residential areas. If it has to be allowed, he thought perhaps it would be better in a commercial area. Councilmernber Dehn stated she was familiar with massage therapists and knew the State of Minnesota is looking at a licensing program very similar to the beauticians' program. It is a legitimate therapy, likening it to beauticians; but she agreed it needs to be regulated. Other states have already licensed this field. She suggested the ordinance include reference to the City accepting the regulations and licensing that will ultimately be adopted by the State. Councilmember Knight noted the difficult time other cities have had in regulating massage parlors once they cross over to undesirable activities. The Council continued to debate where massage parlors should be allowed in the City and repeated some of the areas of the ordinance that should be clarified and tightened up. Cara Geist. 13464 JonQuil Street - was not aware of the provision that only the licensee had to have a license. She agreed everyone working in the business should have at least the minimum requirements, that is 500 hours of education and pass the national certification exam. Any time a person is touching the human body there is a potential liability. At ,the present time there is an attempt to get all of the Therapeutic /Massage and Body Workers organizations in the state together to propose legislation this summer. She guessed it would be three years before there is a state certification program in place and agreed the industry needs to be very closely regulated because of the abuse. She also felt Regular Andover City Council Meeting ~inutes - April 4, 1995 1ge 4 / (Ordinance 8 Amendment & Therapeutic Massage Ordinance, Continued) it would be reasonable not to allow anyone else to work with the licensee in a home occupation therapeutic massage business. Those whom she knows doing this as a home occupation do it in a room in their home and usually do not have employees. She would have to check her records but thought several other cities that regulate therapeutic massage do not allow employees or apprentices in the home setting. Ms. Geist also explained the current national accreditation and the strict standards that must be adhered to. The course she took was 600 hours, which included apprenticeship hours outside of the school. Certain insurance companies are paying claims for massage therapy. Councilmernber Dehn questioned the inspection of the horne-based site. Mr. Johnson stated generally they are not inspected unless there is a complaint. Councilmernber Dehn felt it would be in the City's best interest to include in the ordinance that the site would be physically inspected by Staff every two or three years as time allows to be sure the facilities are up to date and appropriate for the purpose. She also felt the use in the residential area should be limited to the licensee only. Councilmernber Jacobson also pointed out the bottom of the first page \mending Ordinance 8 indicates a therapeutic massage establishment can oe in a private club. Is the City going to allow private clubs to be established in residential areas? The sports clubs, etc., are not in residential areas. He thought this paragraph needs to be tightened up. Again, if the City has to make provision for this use, he thought it should be in the commercial areas and the ordinance needs to be crafted tighter. He also did not agree with allowing the therapists to practice off site in any home in the City. Discussion then returned to the proposal to include cabinet making/wood working as a home occupation. Councilmernber Knight felt the location of an accessory building from the side and rear lot lines needs to be addressed so the noise from the machinery is not offensive to the neighbors. In discussing the procedure at this point, the Council generally agreed to refer both items back to the Planning Commission to consider the points raised this evening. When polled on whether or not therapeutic massage should be allowed as a home occupation in the residential area, Councilmernbers Knight and Jacobson disagreed; Mayor McKelvey and Councilmernbers Dehn and Kunza had no problem with it if it is kept to just one operator. MOTION by Jacobson, Seconded by Dehn, to return Ordinance No. 8 amendment as Item 1 on the Agenda and with Item No.2, Ordinance l09, jTherapeutic Massage Ordinance, back to the Planning and zoning . Commission for revision and the tightening of the language based upon the discussion the council had this evening. Motion carried unanimously. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Aoril 4, 1995 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED ~ Discussion FOR AGENDA ITEM Planning ~ ~ BY: Ordinance No. 109 An Ordinance Regulating David L. Carlberg Therapeutic Massage Planning Director The City council is requested to review and approve Ordinance No. 109, An Ordinance Regulating Massage Businesses and Services within the City of Andover. Attached please find the following: 1. Ordinance No. 109 2. Resolution setting fees. 3. Background information from the Planning & zoning Commission. The Planning and zoning Commission has discussed and reviewed ordinances regulating massage businesses and services over the past year. The ordinance before the council this evening is a result of those meetings. The Planning and zoning Commission is recommending to the City Council approval of the ordinance. MOTION BY: SECOND BY: . j ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. l09 AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. The City Council of Andover does hereby ordain: SECTION 1, PURPOSE. The purpose of this Ordinance is to prohibit massage buslnesses and services to the public except those licensed as Therapeutic Massage Establishments and Therapeutic Massage Therapists pursuant to this Ordinance. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health, safety and the general welfare of the people of the city. The purpose of this Ordinance is not intended to impose restrictions or limitations on the freedom of protected speech or expression. SECTION 2. FINDINGS. It is hereby found that within the City of Andover there is a need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: (a) Persons who have a bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. (b) Health and sanitation regulations governing therapeutic massage establishments and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. (c) License qualifications for and restrictions on therapeutic message establishments and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. (d) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. (e) Massage businesses which employ persons with no specialized and standardized training can tax city law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than \ . operations established by persons with standardized training. , / SECTION 3. DEFINITIONS. ( The following words and terms when used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: j Clean _ The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Good Repair _ Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good sound condition. Massage Therapist - A person who practices or performs therapeutic massage on a person for compensation and meets the licensing requirements set forth in this Ordinance. Off-site Massaae Services - means massage services conducted away from a license massage establishment. Such off-site massage service locations shall include, but not limited to, businesses and private homes. Person _ Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. Thera eutic Massa e _ The practice of applying pressure on, or rlction agalnst, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of a mechanical or electrical apparatus appliance, or device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparation, for the exclusive purpose of tension, stress, and pain relief, relaxation, increased range of motion, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above-described professionals, or beautician and barber who confine their treatments to the scalp, face, and neck. _ An establishment in the massage services ~~f to the SECTION 4. LICENSING REQUIREMENTS. Thera eutic Massa e Establishment License. It shall be or any person to lrect y or In lrectly, upon any pretense or by any device, engage in the business of keeping, conducting, or operating any massage establishment within the City of Andover, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received except a therapeutic massage establishment as defined in Section 3 and then only after first obtaining a duly issued license therefor from the City. A person who operates an establishment described in this Ordinance without a valid license issued by the city shall be guilty of a misdemeanor offense. j Page 2 / b. Thera eutic Massa e Thera ist License. It shall be unlawful or any 1n 1V1 ua to pract1ce, a m1nister, or provide massage services to the public for consideration within the City of Andover without first having obtained a therapeutic massage therapist license. A person who practices, administers, or provides massage services as described in this Ordinance without a valid license issued by the City shall be guilty of a misdemeanor offense. SECTION S. EXCEPTIONS TO LICENSE REQUIREMENT. A therapeutic massage establishment or therapist license is not required for the following persons and places: 1. A health care facility licensed by the State of Minnesota. 2. A health care facility owned in whole or in part by the state of Minnesota or any of its agencies. 3. A medical clinic or hospital, so long as the massage is performed by a state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above-described professionals. 4. A physical therapy clinic or athletic facility, so long as the massage is performed by a state licensed physical therapist, athletic director, coach, or trainer. ( 5. A beauty parlor or barbershop, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the scalp, face and neck. SECTION 6. LICENSE APPLICATION. An shall ( . 1. Initial License A~plication. All initial applications shall be accompan1ed by a non-returnable investigation fee in the amount set forth by council resolution. Each application shall contain: a. The names, addresses, and dates of birth of the owners, lesees, operators, massage therapists of the proposed therapeutic massage establishment; b. A legal description and location of the premises; c. Information as to the conviction of any crime or offense committed by anyone listed on the application; d. All applications by corporations shall include the names, addresses, and dates of birth of all persons having a beneficial interest therein; e. A description of services to be provided; f. Such other information as the City Council may require. page 3 j Prior to consideration of the application by the City Council, an investigation shall be made by the Code Enforcement Officer and the Building Official to determine compliance with this Ordinance of all premises proposed to be licensed and by the Anoka County Sheriff's Department of all persons listed on the license application. 2. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by council Resolution. For a renewal, the applicant must provide full information as required for the initial licenses for any new owners, lesees, operators or massage therapists proposed to be involved in the massage business, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lesee, operator or massage therapist. The Code Enforcement officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. 3. Insurance. Each applicant for a license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the Therapeutic Massage Establishment. The policy of insurance shall be in limits of not less than $500,000. Failure to keep in full force and effect the insurance required herein is grounds for revocation. An be at 1. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The name, age and address of the applicant; b. The length of experience in this occupation and the past places of employment and position held; c. A description of any crime or other offense, including the time, place, date and disposition, for which the applicant has been arrested and convicted; and d. A statement as to whether the individual has had any license denied, revoked or suspended in the City of Andover or the state of Minnesota, the reason therefore and the business activity or occupation of the individual subsequent to such suspension, revocation or denial. A background check from the Bureau of Criminal Apprehension may be required prior to issuance of the of a license. page 4 / The license application shall thereafter be reviewed by the City Clerk, Anoka County Sheriff's Department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Clerk who will submit all of the reports and recommendations to the City council. The council shall either grant or deny the license. 2. Educational Requirements. Each applicant for a therapeut1c massage therap1st license shall furnish with the application proof of the following: a. verification that the applicant has passed the National Certification Examination in Therapeutic Massage and Bodywork within four years prior to the date of the application. 3. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. The Code Enforcement officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. SECTION 7. ADVERSE ACTION; GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION. l. It shall be grounds for denial of the application or for revocation or suspension of the license if the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that apply to the public health, safety, and morals. 2. It shall be grounds for the denial, revocation or suspension of the license if convicted of any violation, reasonably related to the licensed activity and/or occurring on the licensed premise, of any city ordinance or federal or state statute. 3. It shall be grounds for the denial, revocation or suspension of the license if there is fraud or deception involved in the license application. 4. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be in control or possession of any alcoholic beverages or narcotic drugs and controlled substances on the premises for which they are licensed to operate, possession which is illegal as defined in Minnesota Statutes or Andover city Ordinances. 5. It shall be grounds for the denial, revocation or suspension of the license if the licensee has evidenced in the past willful disregard for health codes and regulations. 6. It shall be grounds for the denial, revocation or suspension of the license if the applicant fails to provide all the information and certificates required by this ordinance. I page 5 7. It shall be grounds for the denial, revocation or suspension of the license if the licensee shall refuse to permit any authorized police officers or authorized members of the City to inspect the premises or operation. 8. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be violating provisions of this Ordinance. SECTION 8. SANITATION; APPOINTKENT CALENDAR; RULES AND REGULATIONS. l. Sanitation. All licensed massage therapists conducting off- site massage services shall establish and maintain a supply storage facility containing any and all materials used in conducting off-site massage services. The Code Enforcement Officer, Building Official, and/or other City representatives shall have the right to enter and inspect the storage facility at all reasonable times. Rules as to required sanitation and storage shall be adopted in accordance with this Section. 2. Appointment Calendar. All licensed massage therapists shall keep a record of all off-site massage services performed. The record shall be legible, written in ink and in the English language. It shall include the name of the massage therapist, the name of the person(s) receiving massage services, the address where the massage service was performed and the date and time of such service. The record shall be maintained for a period of two (2) years from the date the massage service was performed. Such record shall be open for inspection by the City Administrator or his/her authorized representative at all reasonable times. ( 3. Rules, Regulations and Restrictions. All massage therapist licensees shall: 1. Display current licenses in a prominent place at the place of employment. 2. Not allow the licensed prem~ses to be open for business or allow patrons to be on the prem~ses between the hours of ll:OO p.m. and 7:00 a.m. of the same day. 3. Require that a person who is receiving a massage shall have their genital areas covered with an appropriate opaque covering. In addition to the above rules, regulations and restrictions, the City Clerk may upon notice and hearing promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this Ordinance to protect the public health, to provide for safe and sanitary operation of licensed therapeutic massage establishments, to provide for the safety of therapeutic massage and related massage equipment and for the proper training of persons employed in the operation of such massage establishments. Notice of the promulgation of such rules and the hearing date shall be given to all licensees, and notice of the hearing date published once in the legal newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when filed in the office of the City Clerk. violation of such rules page 6 I shall be sufficient grounds for adverse action against licenses issued under this Ordinance. SECTION 9. MANAGER OR AGENT. Before a license is issued under this Ordinance the applicant shall designate in writing a natural person who is to be manager and in responsible charge of the business and upon whom services of process may be made. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the city and Anoka County Sheriffs Department in writing of any change indicating the name, address and date of birth of the new manager and the effective date of such change. SECTION 10. SUBMISSION OF PLANS AND SPECIFICATIONS. All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as therapeutic massage establishments which are open to the public, shall comply with the requirements of the State Building Code and all amended codes. To the extent the Building Code or Fire Code do not impose more restrictive requirements, the provisions of this Ordinance shall govern. SECTION 11. CONSTRUCTION AND MAINTENANCE REQUIREMENTS. l. Floors, walls, and equipment in massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in conjunction therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with locking devices and shall not be blocked or obstructed from either side. SECTION 12. VIOLATIONS AND PENALTIES. . Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of any act constituting a violation of this Ordinance, whether individually or in connection with one or more persons or as principal or agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly, or willfully, induces causes, coerces, requires, permits, or directs another to violate any of the provisions of this Ordinance is likewise guilty of a misdemeanor. Each violation of this Ordinance shall constitute a separate offense. Conviction of a violation of this Ordinance shall be grounds for suspension or revocation of any license issued hereunder. page 7 ( ! , , \ - SECTION 13. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 14, VALIDITY AND EFFECTIVE DATE. This Ordinance shall be effectlve from and after its passage and publication according to law. Adopted this 4th day of of the City o~dover. April , 19~, by the city Council CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk page 8 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE .",n,::t h 1 QQC\ AGENDA t.o. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item Planning Department ITEM t.o. It. t ~l Amendment to Ordinance No. 53, Dog Ordinance David L. Carlberg Planning Director REQUEST The ~ity council is asked to approve the attached amendment to Ordinance No. 53, Dog Ordinance. Said amendment will establish provisions regulating the placement of dog enclosures. The Council, at their April 18, 1995 meeting, referred this item back to the Planning and zoning Commission for further review. , PLANNING AND ZONING COMMISSION REVIEW / The Planning and zoning Commission, at their May 23, 1995 meeting, reviewed and discussed the proposed amendment and requested changes as indicated in the attached minutes from that meeting. PLANNING AND ZONING COMMISSION RECOMMENDATION The planning ana zoning Commission recommends to the City council approval of the amendment to Ordinance No. 53. , / MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 53F AN ORDINANCE AMENDING ORDINANCE NO. 53 ADOPTED THE l7TH 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 23, DOG ENCLOSURES and 1. Screening: Dog enclosures must be screened from view of adjacent property. Adopted by the City Council of the City of Andover this ____ day of , 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk Regular Planning and zoning Commission Meeting Minutes - May 23, 1995 "'~ge 6 J {Public Hearing: Amend Ordinance 8, Clairyfing Front Lot Line, Cant effect of setbacks on the placement of a house. Chairperson Squ'res thought there may be some confusion as to when side yard and rea yard setbacks would be used and what effect that would have on a acent parcels. Mr. Carlberg thought that could be an issue and s ggested possibly a better solution to the problem would be to end the definition of the setback lines. MOTION by Apel, Seconded by Jovanovich, to table this untO Chairperson Squire's comments are straightened out. unanimously. Mr. Carlberg explained the City Council re item back to the Commission for further review. He did no attend the meeting when the Council discussed the changes, but he ought there may have been a misunderstanding concerning the setbac of an accessory building when used for cabinet making and wood w rking. The ordinance for home 0ccupations requires the accessory ilding to be no less than lOO feet ~rom the front, 30 feet from the ide and SO feet from the rear yard setback. He thought the real iss e is with the amendment on therapeutic massage. The concern was allow'n9 the use as a home occupation, though the ordinance on home occup ions specifically limits the number of employees to one. The othe concern is with allowing them to go from house to house to perform erapeutic massages. The Commission discussi also raised the concern with the inclusion of "or as a private club" on the bottom of page one of Ordinance 8, as it may have the pote ial of opening the doors to other types of undesirable activi ies. There was general agreement to delete that phrase from the p posed ordinance. Discussion was also on whether or not a therapist hould be allowed to provide the service at the home of other residen . The consensus was this allows a service to the residents who h will become more and more important as the population ages, espe ally to those who are unable to leave their homes, even though it s difficult for the City to monitor. They felt that with the required licensing, the controls are in place to prevent unwanted activi es. 4.30 AND 7.03 - ME OCCUPATIONS and GULA'l'ING THERAPEUTIC DISCUSSION - AMEND ORDINANCE NO.8, SECTIONS THERAPEUTIC MASSAGB AND CABINET MAKING AS DISCUSSION - ORDINANCE NO. 109, AN ORDINANCE MASSAGE change in the ordinance relating to ~ :.he Council's a future Planning Commission agenda. , /y" PISCUSSION _ AMEND ORDINANCE NO. 53, REGULATING DOGS - REGARDING DOG (!Y ENCLOSURES Mr. Carlberg reviewed the proposed amendment to Ordinance No. 53 regarding the placement or location of kennel enclosures and the setback Regular Planning and Zoning commission Meeting Minutes - May 23, 1995 'ge 7 / (Discussion: Amend Oridnance 53 - Dog Enclosures, Continued) of the enclosure from property lines. He noted the Council discussion on the item at its April 18, 1995, meeting. Commissioner Doucette stated she was at that meeting and commented that because the lots in Andover are often odd-shaped, the proposal may be too restrictive in the urban area. A suggestion was made to locate the enclosure 40 feet from the human dwelling adjacent to the owner's property. She liked that idea. That would basically eliminate the dog enclosure from the side yards in the R-4 district; and the R-l district would have sufficient space that it should not matter. Mr. Carlberg stated the issue is where should the dog enclosure be located so it is not offensive to adjacent property and still allow people to have dog enclosures. The 30-foot requirement was to eliminate the enclosures from the side yards. Commission discussion noted the suggestion of 40 feet from the dwelling structure on adjacent property is the same as 30 feet from the side yard plus the 10-foot setback on the neighboring parcel. That would not necessarily place the enclosure in the middle of the back yard. It would depend on the angle between the neighbor's house and the enclosure. There was also concern that the kennels not be located right on the property line. A suggestion was to require the dog enclosure to be 40 feet from the neighboring residential '~ructure and not less than 10 feet from the property line. Maraaret Dupont. 3463 l33rd Lane NW - was in favor of putting the dog enclosures behind the house. Even though the 40 feet from a neighboring house keeps the enclosures out of the side yard, there is still the back yard and the concern with the enclosure being too close to a neighboring back yard with swings and other play equipment. She also corrected the City Council minutes of April 18, Page 6 in that she thought it would solve the problem by saying 30 feet from the dwelling. She would, however, support, 40 feet from the adjacent dwelling with a minimum of 10 feet from the property line. After some discussion, the Commission agreed the placement of a dog enclosure shall not be placed closer than 40 feet from an adjacent dwelling, including the garage, and in any event, at least 10 feet from the side and rear property lines. Mr. Carlberg was asked to make that change. Mr. Car rg explained the City Council has requested the Commission reconsider owing impound lots in the City. That request was forwarded on a yote. He gave a brief history of the discussions on impound lots and the decision in 1993 that they would not be allowed. iouncilmernber Apel noted t~ncil has changed since then and there seems to be a change in attitude toward the automotive related businesses. Three of the Councilmernbers are indicating a willingness to consider them. If there are going to be towing laws in Andover, he felt the people should be given an opportunity to have them towed to within the City itself. He was in favor of the impound lot then and he still CITY OF ANDOVER r ( REQUEST FOR PLANNING COMMISSION ACTION DATE May 23, 1995 David L. carlberg BY:Planning Director APPROVED FOR AGENDA .y,~ AGENDA ITEM 8. Discussion Amend Ord 53 Regulating Dog Enclosures ORIGINATING DEPARTMENT Planning REQUEST The Planning and zoning Commission is asked to review and discuss a proposed amendment to Ordinance No. 53 regarding the placement or location of kennel enclosures or structures. The City Council on April 18, 1995, reviewed a proposed amendment to ordinance No. 53, an Ordinance Regulating Dogs and directed the Planning and zoning Commission to revisit Section 23, Dog Enclosures. Attached for Commission review are the minutes from the City Council meeting. The main concern of the council was the placement or location of the dog enclosure and the setback of the enclosure from property lines. :aff asks for direction from the Commission at this time. , , \' I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 53F 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 23, DOG ENCLOSURES 1. screening: Dog enclosures must be screened from view of adjacent property. a I Adopted by the City council of the City of Andover this ____ day of , 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: ~ . victoria volk, City Clerk Regular Andover City Council Meeting Minutes - April 18, 1995 ,ge 5 (Special Use Permit/Kennel License/16157 Hanson Blvd NW, Continued) MOTION by Knight, Seconded by Jacobson, the Resolution ap ~ving the Special Use Permit as presented. (See Resolution ROS -95) Motion carried unanimously. Mr. Carlberg gave an overview of the vari ce and relocation requests of Jeff and Juanita Thompson to move a ho e from the future middle school site to property they own at 3123 rd Lane NW and to reside in the existing manufactured home on the roperty for 120 days while the house is being completed. VARIANCE AND RELOCATION OF STRUCTURE/3123 MOTION by Knight, Resolution ROS7-95 unanimously. Second by Kunza, the Resolution presented (See ving the variance request) Motion carried TENSION/2855 161ST AVENUE NW , ._OTION b Jacobson, Seconded by Dehn, the Resolution as presented to extend e Special Use Permit for a mining permit for one year to allow for e continuation of mining activities at 2855 161st Avenue NW to ex re on May 3, 1996. (See Resolution R058-95) Motion carried v APPROVE ORDINANCE 8 AMENDMENTS/ORDINANCE 53 AMENDMENT/DOG ORDINANCE Mr. Carlberg reviewed the proposed amendments to Ordinance 8, Section 3.02, Definitions to add the definitions of commercial and private kennels to the Zoning Ordinance and an amendment to Section 7.03 to add commercial dog kennels as a Special Use in the R-l District only. Private dog kennels would no longer need a Special Use Permit. The Special Use Permit approved earlier this evening carne under the existing ordinance. Vicki Haaen. 16157 Hanson Boulevard - thought that someone on Staff should have known about this proposed ordinance and informed her so she would not have had to spend the money to obtain a Special Use Permit. Mr. Carlberg explained approval by the Council for a private kennel license will still be required; only the Special Use Permit will no longer be required. Ms. Hagen will still be required to obtain an annual kennel license. The guidelines under the existing ordinance were ,followed for Ms. Hagen. If these changes are approved tonight, they will ,not become effective until they are published. Councilmember Jacobson suggested if these proposals are adopted that another amendment be added to allow private dog kennels in the R-l district only. That would assist in clarifying the distinction between a private and commercial dog kennel. Mr. Carlberg agreed. Regular Andover City council Meeting Minutes - April 18, 1995 :ge 6 (Ordinance 8 Amend./Ordinance 53 Amendments/Dog Ordinance, Continued) Council discussion was on the issue of dog enclosures. As written, it could be interpreted that it refers to dog enclosures in the R-l district. Mr. Carlberg explained it refers to any district. There are other sections of the ordinance; however, the ones before the Council at the only ones being amended. Councilmernber Jacobson stated the argument presented by Commissioner Doucette in her report is the new requirements work in the R-l district but not in the R-4 district. Mr. Carlberg stated the Council may wish to change the 30-foot requirement from the side yard; however, the intent was to keep dog enclosures out of the side yard and sides of garages and to get them in the back yard. This would not apply to fencing or the invisible fence placed around yards. This relates to the typical 6xl2-foot metal-type fencing to enclose dogs. Existing dog enclosures would be allowed to remain. If one becomes a problem, the City could require compliance with this provision. Future dog enclosures would be required to meet these requirements. ( Plannina Commissioner Doucette. 14469 Xeon Street believed her proposal to lO-foot setback would be reasonable in the R-4 district and allows an enclosure without having it in the middle of the back yard. She thought as proposed the window in which to locate a dog enclosure is /ery restrictive. She did not feel there was a lot of discussion on the setback for dog enclosures, but it wasn't until the third meeting on this issue that she started to draw sketches on how the requirements would affect an R-4 lot. Marqaret Dupont. 3463 133rd Lane NW - stated she originally brought this to the Planning Commission with a petition signed by over 100 people. Because the back of all homes do not align with neighboring homes, they have had problems with dog enclosures in the side yards and having to put up with the smell. As proposed, the kannel could still be put in the corner of the lot. She thought it would still not solve the problem by saying 30 feet from the side yard, noting the problem she would still have with the neighbor's dog enclosure. She also explained the problem she has had with the neighbor's dog threatening children, charging fiercely at the fence, which frightens the children. Mr. Carlberg stated the ordinance distinguishes between the rear yard and side yard, and that language may be more appropriate in the ordinance than specific distances from lot lines. Councilmernber Knight wanted to be careful not to become so restrictive that some lots cannot have dog enclosures. Because the size and configuration of lots vary so much, he wondered if it would be better to place the restriction from any house rather than the lot lines. Mr. Carlberg stated the City has not received many complaints on this issue, but those they have received ,are on the issues of odor or threats to children because of the close ,proximity of the dog enclosure to the property line. Council thought there are other ordinances that cover the issue of odor, barking, or threats. If not, maybe something should be written into the ordinance that deals with the dog's behavior. No one needs to be intimidated by someone's dog. Regular Andover City Council Meeting Minutes - April 18, 1995 ;lge 7 (Ordinance 8 Amend./Ordinance 53 Amendments/Dog Ordinance, Continued) MOTION by Jacobson, Seconded by Dehn, under Item No. 7 on tonight's agenda, that the Council adopt the ordinance changes to include commercial dog kennel in the R-1 district only as presented by Staff, and direct Staff to list under Section 7.0l of Ordinance 8 Permitted Uses in R-1 District, private dog kennel. DISCUSSION: Councilmember Jacobson stated his intent would be to return that portion of Ordinance 53 which deals with the dog enclosure back to the Planning Commission for their review. Ms. Haqen _ requested her money for the Special Use Permit be returned. She stated the City harassed her, sent her about four letters. Her dogs don't bark. She carne in on March 14 to apply for the Permit, and she should have been told at that time about this proposal so she would not have needed to spend the $l7S for the Special Use Permit. Mr. Carlberg stated the Staff has been asking Ms. Hagen for several months to corne into compliance with the ordinance. The ordinance in effect at the time of application must be followed. The public hearing has already been held and funds expended on this permit. councilmember Jacobson called the question. Motion carried unanimously. . ;'ote on the Motion: Carried unanimously. ~TION by Jacobson, Seconded by Dehn, that the Council adopt Ordinance ~NO. S3E, an ordinance which amends Ordinance No. 53, commonly known as r l... the Dog Ordinance, with the exception of Section No. 23 which deals with 1) ~he issue of dog enclosures. We do not adopt that this.evening but send \/_ :that section only back to the Planning and Zoning Commission for review \\- by the Commission on the issue of dog enclosures and distance from .. property lines, etc. And ask for a recommendation from t.he P & z on ; that part.icular section only. DISCUSSION: Councilmember Knight also ~ ~sked that the Commission consider reviewing verbiage that deals with ~Og behavior. Motion carried unanimously. REPORT OF ASSESSMENT STATUS/XEON STREET STORM SEWER/IP93-9 Mr. Davidson gave a detailed report on his April 6, 1995, written findings of the Assessment Status for the storm sewer area tributary to Andover Lake, showing how the assessment rate of $0.04 per square foot has been consistent for the entire storm sewer area. The areas of assessment are reduced by the amount of nonassessable properties, the ponds, roads, right of ways, etc. The total costs of the trunk storm sewer facilities to date are $450,711.60. Total assessed to date is $251,079.84; pending assessments of $130,173.60 and unassessed future ,costs of $69,457.56. This area does not include anything west of Hanson /Boulevard. He also reviewed the specific assessments to Old Colony Estates/IP88-8; Creekview crossing/IP91-2; and Winslow Hills 3rd Addition/IP93-S. Winslow Holasek _ questioned the acreage for Old colony Estates, as there was more than 20.9 developable acreage. That piece was about 40 ( ) April 24, 1995 Mr. Jack McKelvey Mayor City of Andover 1685 Crosstown Blvd NW Andover, Minnesota 55304 SUBJECf: ORDINANCE 53E, SEcrION 23, STATEMENT 2 Dear Mayor, Planning and Zoning Commissioners and Councilmembers: We are writing as concerned R-4 zoned residents and neighbors and future neighbors of dog enclosure owners. In regard to Ms. Catherine Doucette's letter dated March 31, 1995, it is evident to us that the ordinance is in fact too lenient for R-4 residents. The ordinance, however, will work for all other residential zones due to their increased lot SIZe. It is interesting that Ms. Doucette's letter once more brought up the verity what an absolute nuisance the enclosures are, even to the owners themselves. She, as a future dog enclosure owner, would like to push the enclosure away from her own home, towards her neighbors' outdoor living area. She stated a concern about her own "resale value" and the obstacle it creates for her own outdoor living area, without concern for her neighbors' outdoor living area and resale value. We must remember that dog owners of Andover are not required to have a dog enclosure. This is a choice!! This dog owner's choice, however, becomes forced upon their adjoining neighbors. Yards are considered an extension of our homes. Many of us have gardens, swing-sets, patios, outdoor furniture, etc, at or near our lot lines. Ten feet away from our lot lines is too close for comfort!! This forces us to see and smell the dog enclosures, that as Ms. Doucette descnoes, is a nuisance even to herself. She would like the sight and odor away from her own outdoor living area. We must also remember that a dog enclosure owner may have up to 4 adjacent neighbors. Should the citizen who is accountable for making the choice to have a dog enclosure, create four discontented neighbors?! ( / 1 ) We oropose that the dOl! enclosure be placed in the back vard directlv behind the house. Place enclosure here. For areas other than directly behind the house, we recommend that language be added to the ordinance as follows: "A private dog enclosure shall not be placed in any other area than as addressed above unless abutting property owners agree." An appropriate simile to this situation is as follows: An Andover resident in the R-4 zone may choose to own an automobile, however, he/she must place the automobile in a restriced area (only the garage or driveway). How much more should an Andover resident who chooses to have a dog enclosure be required to have restrictive placement guidelines as submitted above? Ifit is considered unappealing for automobiles to be placed on the lawns, how much more unappealing would it be to have a dog enclosure placed within ten \ feet of a neighbor's outdoor living area with all of its nuisances? I We must remember that Ms. Doucette's desire to push the enclosure out towards the periphery of her yard is why this ordinance proposal came into play to begin with. That is, dOl! enclosures being placed too close for comfort. We must also remember that Ordinance 53E, Section 23, Statement 2, was approved prior to Ms. Doucette's letter by the following individuals: o Mayor Jack McKelvey (was approac:bed with this crdinance and =ed "r have no problem with this") It] Six out of Seven zoning and planning members o At least one hundred concerned Andover citizens(see attached signatures) This ordinance must be put into action quickly as we are a growing city and have already received several complaints on a weekly basis. We desire to promote a clean, comfortable, peaceful, aesthetically beautiful, and safe environment for Andover citizens and visitors to our city. Does the stafflcommisionlcouncil wish to continue to receive several complaint calls weekly and alienate the majority of Andover residents who choose not to own dog enclosures? \ \ ~ I ;e;:tfullY:;::~ -I2M!~~ ~J~ Marga:t: Robert DuPont R-4 zone Citizens of Andover 2 / ( , , I ( / ~ ~ =iii- ~:\.r -".'.": '. ~ ~. m >< su 3 "'C - CD o ~ su ~ ::0 CD j. ~ N ~o o ~ en CD c c. (iJ:T en 0 o 3 ~ CD "':E :T _. CD "' "'C:T CD ~ ~ 0 -. C "'C ~ :Tsu CDc. ~ Di. o (') ~CD "'~ :T "' CD ~ ::;. CD -. '<tC su :T ~ C" c.o en ~ en .. CD su (') :T :E -. "' :T C. o tC I March 31,1995 Mr. Jack McKelvey Mayor City of Andover 1685 Crosstown Bl'...d NW Andover. Minnesota 55304 SUBJECT: ORDINANCE 53E, SECTION 23. STATEMENT 2 Dear Jack and Councilmembers: I am writing as a concerned R4 zoned resident and future dog owner. The ordinance before you is overly restrictive. as it relates to the location of dog enclosures. The ordinance. as recommended. would allow only the verY center of a R4 backyard in which to chose the future: site ora dog enclosure! Resale values will decrease when the focal point of a child's play area and an adult's entenainmentlleisure area is a dog kennel. Note, we do not have the option to build an enclosure on the side lots due to the 30' side lot line set back. Personally. I do not object to the 30' side lot request; I understand it as it relates to site. odor. and noise nuisances for the neighbors. That's fair. But as it rc:lates to the back yard. I do object, I ~., propose the follo\\ing verbiage: ~No dog J.. enclosure shall be placed in the front yard From the front buildine set back to the rear buildine set back. a dog enclosure shall not be placed closer than thirty (30) feet from a side lot line. From the rear buildinl! set back to the rear lot line. a dOl! enclosure shall not be olaced closer than ten (10) feet from the side lot line and rear lot line." I'I~' (1bose words underlined are additions to the present statement.) ~1' C. Dcuc:cttc's I~ If you choose not to change Ordinance 53E. section 23. statement 2, the City Council could receive ~500 variance requestS. Highly improbable, but possible. that is the number of R4 zoned homesites estimated by the year 2000 (61-/0 of all Andover homes). Docs the council wish to spend their time reviewing variance requestS and alienating the majority of their public, when it could be resolved now v.ith one alteration? front bldg set back '" rear,bldg set back .' " ~- ; ,.- / " . t; w~a/Z Catherine Doucette , Planning &: Zoning Commissioner Im9 Xeon St. NW ( JIJI / ADDRESS PHONE 'f;; ? . L'i/'.,- ] I I 2J ~( ~~ L,'" ;," '121-,.'.:-, ~ ~'~/;.".; _::,:.,'..:') _ I ~~v.. 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">',,' (...-:k J',/-' r=" )'.::L-/~-.2. ~/!jl~'~:/' ".Y/- :/:tc. _~':I[F::/..1../ ..J ! '1-.... J.":.r/.u i I:::'((;')V",/; (. Jt li( J,.U::CL'~ '-1)1-8:...:'./1 t..:. :ro. ~ .~~~., . :....J>. !'. i :.~~. '.'. _.~-:: ~,.." ' ..'r".o' -".; ~ ..' . :-. I il J:1-1 a r'oli.i7 f-(. N ..v .., -..J --:1 ,\' '~ ,C~ ' \.-1 "v.J ~J\:::'\..\ ">)Lk.L!,.~_L<- / ~ ~.::i 2.- ,-V~l v" ,(<:1/'( S-' I J .'-{' I 3 -; / .' '7 ..' " '._...,..c.,~_..!..:.....:l~';''"':'!._.._--+~...d.!.l.." {,,,"n, ,( (1 t l .... -.; -1=. ., "J' .... ' - " . I . "v' !. L''''''''~--8> ,'!-!~./< l-..... C. ...- ~.;.,."-~.::,..~-~:..~--- ,"':~,:-' '. ' ; '~:"'(.:.u.f' t'\ '/ Ii \' '.. :~ &. ~ J f '\ r L,_r.l-. I .,. I' ,., r-~"'" . I .4o/"A-,-'/' -/.:'../ ! '122 -'7i'tJ: \ '-\ J ",~cl'<:l,b'7 I I ' '. ; .2..L~.... . ,. S-Y.- , I . ,-., ' , I ----- ~ I h!i:!<'f ! _\ii.LL-7"7 i l/ l /,,//"J. .,r"'/ I - ..../ '_'. I I L;. ~. . (.C//'.- - -, ~.13 -It?:; / ; SIGNAl1.JRE: : /. /J ri'lr J I, -:.;~. k'(.'r..~/ - .: ~ . ,. I '1~::'~.c ~~/2)~ I I ---~....,_.~,~ - .l ~/ - ./ "Mb'/ ~" ~./. /.:. ~.' ...... . ~ .: -L ,-~. /U......j )'-)'- . '-/<''-. cUI ~f. -P-l-2...-c/<.:/,-\'.-1 . _ ~1 (f-f(;:/ I r) (5-' ~ I Lf 2Z./ ~"~~ i: .~.(!t~,11 , ,',li cS:..i~./ , ,__\'1',) ~;.~'~:2,( II " ('. .' L'~ . ";..:2.-:.-~ .,..'" -~24 ;' j~'~" ~ ,....;,. .;",,-.:-=--.:..--:'J'; I "-,.wJ..,....~.. ' I :...~t.!',(,' NH"L'(SSt.:>'~i 'I\jd~t.'"'\ \'ll7 '7':; -',L'I I, ~ ~J}"~- 1-:.-1 , l , ~_~~.~.1 t <..!-;~. '/(/,! -:; I '- 7 u' fI. .1" I" .a ""l'-, '?"t'7.,-l" .1J',:..L...r'(..A;..........(..\"',.fl.,.~:, ...:..41!-"";".)1',...? _~(/(../:- I],t/ 71 t~...A.. ...:"'",,' ~~l/'5?-/3 i,r.!J {f.t\.!i. 3"5C;:~ 1)\.'1'\ At: tt....'~ I'~~'-'""\'- 4.~).!)l.4' j / ( I \ , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1995 AGENDA t.o. SECTION ORIGINATING DEPARTMENT Planning Department APPROVED FOR AGENDA Discussion Item ITEM l'O. Amendment to Ordinance No. 53, Dog Ordinance David L. Carlberg Planning Director BY: ~ REQUEST The City council is asked to approve the attached amendment to Ordinance No. 53, Dog Ordinance. Said amendment will make the distinction between private and commercial kennels and establish licensing requirements for each. The amendment will also add a definition for dog enclosure and establish provisions regulating the placement of dog enclosures. This amendment is being recommended for approval in conjunction with the amendment to Ordinance No.8, Sections 3.02 and 7.03 discussed previously by the council this evening. PLANNING AND ZONING COMMISSION REVIEW The Planning and zoning Commission, at their March 28, 1995 meeting, reviewed the proposed amendment and requested changes as indicated in the attached minutes from that meeting. Also attached is a letter from Planning & zoning commissioner Catherine Doucette regarding the setback requirements for dog enclosures. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning ana zoning Commission recommends to the City council approval of the amendment to ordinance No. 53. , MOTION BY: SECOND BY: 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) ( I c. Do Enclosure: An or enc oS1nq dogs. Except enclosure constructed for shuttin ences enc oS1ng yar s. in e~__~eAAe~~__AAy_pe~5eAT-pa~~Ae~5A~p-e~-ee~pe~a~~eA-eA~a~ee-~A- ~Ae_B~5~Ae55-ef-B~eee~A~T-B~Y~A~T-5e~~~A~-e~-Bea~e~A~-ee~5~-- p~eY~eea_~Aa~_5~eA_pe~5eAT-pa~~Ae~5A~p-e~-ee~pe~a~~eA-e~5~effia~~~y- eWA5_e~_Bea~e5-ffie~e-~AaA-~A~ee-+3+-ee~5-eYe~-5~*-+6+-ffieA~A5-ef- a~e~-- \ / e~ 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) e7 ~ Officer: Any law enforcement officer of the city and persons-oesignated by the city to assist in the enforcement of this ordinance. J f7 h. Owner: Any person, firm, partnership, or corporation owning,-narboring, or keeping a dog or dogs. ~7 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. 87 ~ 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 I .' , SECTION 19. PRIVATE KENNEL LICENSES SECTION 20. COMMERCIAL KENNEL LICENSES A commercial kennel license shall not be issued unless a S.ec~al Use Permit has been granted by t~e C1tX Council in , accor ance with Ordinance No. , t e Zon1ng Or inance. / \ , page 2 SECTION 21. LICENSE REVOCATION / , the Cit 1nance No. SECTION 22. KENNEL REGULATIONS SECTION 23, DOG ENCLOSURES / , and 1. Screening: Dog enclosures must be screened from view of adjacent property. / pr1vate / a page 3 SECTION --- 24. APPOINTMENT OF OFFICERS / The city Council may from time to time appoint such persons as may be necessary to assist the police officers of the City in the enforcement of this ordinance. Such persons shall have police powers insofar as is necessary to enforce this ordinance, and no person shall interfere with, hinder, or molest them in the exercise of such powers. SECTION --- 25. NON-RESIDENTS The sections of this ordinance requlrlng a license shall not apply to non-residents of the City, provided that dogs of such owners shall not be kept in the city longer than thirty (30) days without a license and shall be kept under restraint. SECTION ~~~ 26. PENALTY Any person who shall violate any provlSlon of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by State Law. SECTION ~~~ 27. 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 23~ 28. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication according to law. SECTION 24- 29. CITATIONS 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 day of , 1995. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: vlctoria Volk, City Clerk , / page 4 \ / March 31. 1995 Mr. Jack McKclYcy Mayor City of Andover 1685 Crossto\\U BIYd NW Andover, Minnesota 55304 SUBJECT: ORDINANCE 53E. SECTION 23. STATEMENT 2 Dear Jack and Council members: / I am "Titing as a concerned R4 zoned resident and future dog owner. The ordinance before you is overly restrictive. as it relates to the location of dog enclosures. The ordinance, as recommended. would allow only the ven center of a R4 backyard in which to chose the future site of a dog enclosure! Resale values will decrease when the focal point of a child's play area and an adult's entenainmentlleisure area is a dog kennel. Note. we do not have the option to build an enclosure on the side lots due to the 30' side lot line set back. Personally. I do not object to the 30' side lot request; I understand it as it relates to site. odor. and noise nuisances for the neighbors. That's fair. ~'5" But as it relates to the back yard. I do object. I \) propose the follo\\ing veIbiage: "No dog J.. enclosure shall be placed in the front yard. From the front building set back to the rear building set back. a dog enclosure shall not be placed closer than thirty (30) feet from a side lot line. From the rear building set back to the rear lot line. a dog enclosure shall not be olaced closer than ten (10) feet from the side lot line and rear lot line." 1'1;1' (Those words underlined arc additions to the present statement.) 3(;1' 7/T; )-. .'. ....;;b/... 1.0.; '.4% ~ /' '/..?/.. "v/r~ ~1' C. Doucette's 1(( If you choose not to change Ordinance 53E. section 23. statement 2. the City Council could receiye ~500 variance requests. Highly improbable. but possible. that is the number of R4 zoned homesites estimated by the year 2000 (61% of all Andover homes). Does the council wish to spend their time re\oiewing variance requests and alienating the majority of their public, when it could be resolved now with one alteration? front bldg set back ". rearbldg set back / I Catherine Doucette Planning & Zoning Commissioner 1"'~69 Xeon S1. NW 10' (. / B L:~ \ .-'\ ~ ANI:L\LS AND FOWL J 5-14 See. 5-13. D~ endo8ur~ - . (a) purpose: It is the purpose of this section to abate e.~- isting nuisances and to prevent nuisances created by site. odor. noise and sanit::l.tiou due to co~truction :md k)lacement of dog , enclosures on private property. . ' (b) SCTetnmg: Dog enclosures must be screened from view: of adjacent property. . . (ei Placement: A dog encloSure shall not be placed closer than" thirty 13m-feet to a side lot lin~. or ten (10) feet to a rear lot line. . e.~cept no dog enclosure sball be placed in a front yarU. .. .. -. (d) Sa.lI.ita.titm requi:reme71t3: No person shall permit feees,:' urine. or food scraPS to remain in an enclosure for a perioci" that is longer than rea.sonable and consistent with healtb" and sanitation and the prevention of odor3. : (e) APPlicability. of section:'This section: shall be; a~p1i " able to all dog enclosures constructed after the effective dati . of the ordinance from which this section is derived. A~Y pre: e.-tisting dog enclosure which is a nuisance or source of mt:' may be required to comply with. this section by notice c: compliance beiDg given. by the city. manager'. Failure to com- ply with such a notice within thirty (30) days of issuance shall be a. violation of this Code. (Code 1963. ~ 7.11 (A). (C)-: lFl; Ord. ~o. 230. 5-21-70; Ord.No. 519.10-7-76; Ord. No. 90-1196, . ~~Q) ~ St&te laW' rderence-Re~tions for doC houses. :.LS. 19711. ~ 347.23- ~ Sec. 5-14. Dog kenneb-Ucense; required. fee. term; pen- alty. - . It shall be unlawful Cor any person to owu or operate any dOl kennel unless a license conditional use permit as per the ci~ zoning ordinance is secured thereCore. All kennels are subject tc annual review and inspection. The annual license Cee shall r twenty-five dollars ($25.00) Cor each kennel. All licenses expire April thirtieth ne.'ct Collowing i3suance of the license. except tl sucb licenses IDay be renewed prior to June flI'St without penal' .. , I Supp. :-<0. ~o 409 .... . t~ ( \ Ciry of Edina than 30 days old as a pet or novelry. }.n;.....",l<: 300.14 . ( 300.09 Keeping of Certain Animals Regulated." No person shall keep any rabbits, mice, hamsters, guinea pigs or other rodents, ferrets or any bird on any premises used for residential purposes except in a metal cage so constructed that it may be completely and easily cleaned and that the animal or animals kept therein are completely enclosed and protected from children and animals on the outside. Such animals at all times shall be kept within the dwelling or an accessory building. @ 300.10 }.n;.....:::!l Enclosure. An animal enclosure, whether noW existing or hereafter constructed, shall not exceed 300 square feet in area and shall be placed only in the rear yard and no closer than 20 feet to any property line. 300.11 Keeping of Certain }.n;.....",l..: Proln'bited. No person shall keep within the City: A. Any livestock. {. ;- -.\ / B. Any mammal belonging to the order Carnivora except dogs, cats and ferrets. For the purposes of this paragraph, the bloodline of an individual animal must comprise not less than S1 percent domestic breeds. C. Honeybees and apiaries. ( D. Venomous snakes. 300.12 }.n;,..,,,,l..: R'lIIlDing at Large. No owner shall allow any animal to run at large on any property without the consent of the owner or possessor of the property. 300.13 Confinement of Certain }.:"';,..,,,,1<:. Subd. 1 }.n;.n::ll in Heat. Any animal in heat shall be kept confined in a manner which will prevent its escape and access thereto by other animals. Subd. 2 Fierce}.n;.....",l Any domesticated animal ola fierce, dangerous orvicious narure or disposition shall be confined en in a manner which will prevent its escape and its causing harm' to persons; and (ul in a place from which it cannot be released' except by its owner and e."{cept when muzzled and under the control of a competent person. \ 300.14 Animals Declared a Public Nuisance. Subd. 1 .Animals Which Chase vehicles. Any animal which habitually chases motor vehicles on public streets, or threatens, worries, chases or attacks pedestrians, bicyclists or other persons on public property, public areas or private property other than property owned or possessed by the owner of the animal shall be deemed a , / '. 300 - 6 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE al:ll'l~ IS, 1995: AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff TIF Bond Information/Discussion Richard Fursman city Administrator ~ BY: . , ITEM f\O. /1. staff is seeking EDA approval to proceed with preparations for the issuance of a TIF bond for the purposes of: 2. Completion of Commercial Blvd. - 3. purchase and clear state tax forfeit property - $5,450,000 $1,000,000 1. purchasing salvage yards - 6 School District storm Sewer project $300,000 $600,000 $950,000 $600,000 / 4. Site Development - 5. Economic Development Included with this discussion item is what an $8,800,000 issue would look like in todays market. Q: How do we pay for this? A: The present TIF funds received by the City would cover all of the debt. Q: Does this strip all of our available money for future projects? A: Yes. And no. All of our TIF money will be used up in this scenario unless other development occurs. The likelihood of absolutely no other commercial or industrial development occurring in the City is remote. pleas call ahead with additional questions. / MOTION BY: SECOND BY: / .... .. ffi ~ .. .. ., ~ ;: 0: ... " .... ., 0: ~ it = .. ., .. ~ . ... .. .. .. g ., ... . ... .. " .. ... .. .. .. ;; .. " 0: " " :r .. .. "..1! .. .. 0. .. " " ~ ~ " " .... .. .. 0: .. .. .. < ~.; " ~ .. " .. ;? / SOO!SOO 121 ~~~g ... P '> :at -< :Q~~: ID C c: ., rt Ja . "" .. .... .. ... i?~ .. D '" en .... ;" ~ ~ ... co <II : ~ ~ 8 z:::~~ ~ "' 5 ~ ().. .. " l:I .. ;d ~ t:' _ ~ ;: g ~ ~ ~ ~ ~ .. ... r.. .. . ., ~ ... " " .. o .. .. :r .. .. en '" . III '" ., .. '" (n ..... c;a tQ . .. .. - .... i :3 Sl fl ... 0 ... ~ .. " ;r .. 0. 0: ... " ;; ~ N N N N N N N N N N N N N ~ - ~ g 2 g ~ ~ g ~ g ~ Q",~ ~ Qo~ ~ ~ ~ ~ ~ N _ 0 ~ ~ ~ Q ~ ~ ~ - ~ ~ ~ ~ ~ N N N ~ N ~ N N N N N ~ M M .... - - - ~~::~~~~~~~~~~~~m!m .. 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S6/9VSO . f.' , ' . . . 1'. :~, . ,- o.j./-~. . , . CITY OF ANDOVER' REQUEST FOR COUNCIL ACfrON AGENDA r-.o. SECTION DATE June 1. 1995 ORIGINATING DEPARTMENT APPROVED FOR AGENDA STAFF COMMlTIEE COMMISSIONS ITEM r-.o. SCADA System Addition O?O. -. FRANK O. STONE PUBLIC WORKS SUPERINTENDENT - @ dt ~ The City ~uncil is requ~ to approve the purcbllmng of a Supervisory Control and Data Aquisition (SCADA) cOmputer system for the Water Department. specifications were sent ~ two (2) companies to. submit quotes: Automatic Systems Co. and Total Control Systems Inc. After reviewing both quotes and . l~king at both systems, it is out :recommendation that the bid be awarded to Automatic Systems. Bids are as-folloWs: -- -'.. 1. Automatic Systems Co. $22698.53 2. Total Control Systems Inc. $24055.00 , I , / The system will have screens of status and alarm points for foW' (4) existing wells and one (1) well to be constructed this year; One (1) sewage lift station; Two (2) elevated. towers and one (1) valve. The system will also have the capability to expand to the City's future needs. It is also a recommendation of Bonestroo, Rosene, Anderlik & Associates, who are presently doing oW' Water Supply Plan, that we have a SCADA system which would improve data collection to accurately define the needs of the City and to monitor equipment operations. F1Ulding for the Scada system will be through the water trunk ftmd. . . MOTION BY: "\ - ) TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE .TlInf~ 6 1 qq" AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff, Committees, Commissions ITEM t-O. City Clerk Reschedule July 4th Meeting v. volk ~.~)! BY: iJ;L dl. The City Council is requested to reschedule the first meeting in July, which falls on July 4th. possible dates are: Wednesday, July 5, 1995 Thursday, July 6, 1995 (this is a Park Board meeting night) / MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE "JUNE 6, 1995 ITEM f\O. AUlliORlZE PURCHASE OF MOWER FOR do? PARKS DEPARTMENT ORIGINATING DEPARTMENT FRANK STONE PUBLIC WORKS SUPERINTENDENT ~ APPROVED FOR AGENDA AGENDA SECTION f\O. STAFF, COMMITTEES, COMMISSIONS ~ SEALED BIDS WERE RECEIVED 5/31/95 AT 10:01 A.M. AT ANDOVER CITY HALL, 1685 NW. CROSSTOWN BOULEVARD FOR ONE 10 112 FOOT1WO-WHEEL DRIVE WINGED ROTARY MOWER. BIDDERS LIST MIDWEST SPECIALTY SALES 2161 - 10STH LANE N.E. BLAINE, MINNESOTA 55449 ONE HOWARD PRICE 1260 - 10 1/2 FOOT WINGED MOWER TOTAL PRICE (TAX INCLUDED) $26,167.05 MTI DISTRIBUTING COMPANY 14900 - 21ST AVENUE N PL YMOUlli, MINNESOTA 55447-4655 ONE TORO GROUNDMASTER 455D - 10 1/2 FOOT WINGED MOWER TOTAL PRICE (TAX INCLUDED) $29,673.04 WE HAVE $27,000.00 BUDGETED IN TIlE 1995 EQUIPMENT CERTIFICATES TO PURCHASE TIllS PARK'S MOWER. I WOULD RECOMMEND TIlE PURCHASE OF TIlE MODEL 1260'HOWARD PRICE 10 1/2 FOOT WINGED MOWER FROM MIDWEST SPECIALTY SALES IN BLAINE. WE HAVE ONE OF TIlESE MACHINES NOW, AND ITS SERVICE HAS BEEN GOOD. MOTION BY: , / TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE nINE Ii 1<)<)) AGENDA SECTION f\O. STAFF, COMMrITEES, COMMISSIONS ORIGINATING DEPARTMENT FRANK STONE PUBLIC WORKS SUPERINfENDENT APPROVED FOR AGENDA ITEM ~ _ AumORIZE PURCHASE OF UTILITY BOX ".(..~. FOR STGN TRUCK (ffi) BY:~t IN REQUEST FOR PRICE QUOTATIONS FOR UTILITY BOX FOR THE SIGN TRUCK, WE RECEIVED: ABM EOUIPMENT & SUPPLY. INC. 333 - 2ND STREET N.E. HOPKINS, MINNESOTA 55343-8377 I. FIBRE BODY INDUSTRIES MODEL FB-DLP wrrn FIBERGLASS CANOPY, wrrn DOUBLE DOORS $15,345.00 II. LIFIMORE MODEL L-21 CRANE $ 1,705.00 TAX TOTAL $ lJ 08.25 $18,158.25 REACH EOUIPMENT COMPANY 9150 PILLSBURY AVENUE soum BLOOMING, MINNESOTA 55420-3686 I. ASTORIA FIBERGLASS BODY, ASTORIA GV-132/84 wrrn SUPERSTRUCTURE, wrrn DOUBLE DOORS $14,942.00 II. VEmuRO MODEL CTI004 CRANE $ 2,125.00 TAX TOTAL $ lJ09.36 $18,176.36 THE FUNDING FOR UTILITY BOX IS IN THE 1994 EQUIPMENT CERTIFICATE FUND. THIS IS THE LAST OF THE PURCHASES OF THE 1994 EQUIPMENT FUND. WE RECOMMEND THE PURCHASE OF THE UTILITY BOX AND CRANE FROM ABM EQUIPMENT & SUPPLY, INC. FOR A TOTAL OF $18,158.25 (fAX INCLUDED). MOTION BY: " / TO: CITY OF ANDOVER June 6, 1995 DATE AGENDA l'O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA EDA Meeting Andover Review Committee ITEM f\O. Approve Concrete curbing & parking Lot paving/94-18 J( ~L a 'i. The Andover Review Committee is recommending the Economic Development Authority to approve the installation of concrete curb and gutter for the drive area (Tower Drive) and the parking lot areas adjacent to City park Complex #1. The installation of the trunk sanitary sewer line, currently being constructed under City project 94-18, necessitated removal of the blacktop driving surface into City park Complex #1. The EDA is requested to approve the funding for concrete curb and gutter at these locations when the street and parking lots are reconstructed at these locations. The installation of concrete curb and gutter is required under City Ordinance. The concrete curb and gutter will provide for improved drainage at these locations which also improves the aesthetics of the area. The estimated cost to install the curb and gutter and surface the parking areas at these locations is $23,500.00. The funding is derived from the TIF Funds, which are currently being used to fund the trunk sewer installation. MonON BY: SECOND BY: TO: Ordinance No.8, Section / 5. parking Lot, Driveway and Aisle Grades. The grade elevation of any parking area, driveway and aisles shall not be less than one (1%) percent and shall not exceed five (5%) percent. 6. surfacing. All driveways, off-street driving, loading, parking and storage areas shall be surfaced in accordance with the standard specifications as adopted by the city and on file in the office of the City Engineer. (a) Farm dwellings and farm operations are exempt from this paving requirement. (b) City parks shall be exempt from the paving requirement if approved by the city Council. (8WWW, 4-07-92) (c) storage areas for heavy construction equipment that would damage the pavement may be exempt from the paving and surfacing requirement with an acceptable surface approved by the City Engineer. (8WWW, 4-07-92) (d) plans for surfacing and drainage of driveways for non-residential uses shall be submitted to the City Engineer for review and the final plan shall be subject to wri tten approval. (8WWW, 4-07-92) 7. striping. Except for single-family, two-family, townhouse and quadraminium dwellings, all parking stalls shall be marked with white or yellow painted lines not less than four (4") inches wide. 8. Lighting. (a) All off-street parking areas for residential uses of twelve (12) or more spaces and all off- street parking for commercial, industrial, institutional, and public uses shall be equipped with operable lighting designed to illuminate the entire surface of the parking area to a minimum level of one (1) foot-candle at ground level. This shall not apply to neighborhood parks as identified in the Andover comprehensive park System and Recreation plan, as amended. ~9. (b) Any lighting used to illuminate the off street parking area shall be an;,anged as to reflect the light away from adjoining property. curbing. / All driveways, loading areas, parking areas and storage areas shall be bounded by poured-in-place concrete curb and gutter for the purpose of traffic control, drainage control, protection of pedestrian movement, protection page 75 Ordinance No.8, Section of landscaped features, aesthetics and maintenance prevention as deemed necessary by the Andover Review Committee, except for single-family, two-family, townhouse and quadriminium dwellings. (8SSS, 5-07-91) (a) The City may exempt curbing where the City has approved future expansion of the parking lot. (b) poured-in-place concrete traffic safety islands may be required to maintain a safe and orderly flow of traffic within the parking lot and shall be approved by the Andover Review Committee. (8SSS, 5-07-91) (F) Required Screening. All off-street parking lots containing six (6) or more spaces, shall be screened from those residential properties abutting the property on which the parking lot is located, except such lots which serve single-family attached or detached units. 1. Screening standards. Screening shall be installed so as to block direct vision. ~ (a) .Screening shall consist of a compact evergreen or deciduous hedge of sufficient width and density or an earth berm of sufficient height to provide an effective screen throughout the year. (1) At planting, hedge material must be at least three (3') feet in height. (2) Deciduous trees must be at least five (5') feet in height and two and one-half (2 1/2") inches in diameter as measured six (6") inches above the ground. (3) Coniferous trees must be at least five (5') feet in height. (4) Earth berms shall not have a slope of more than four (4') feet horizontal to one (1') foot vertical nor be located within any street right-of-way unless otherwise approved by the City Engineer. (b) A required screening fence shall be constructed of masonry, brick or wood. Such fence shall provide a solid screening effect and not exceed eight (8') feet in height or be less than six (6') feet in height. The design and materials used in constructing a required screentng fence shall be subject to the approval of the City Council. Page 76 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE AGENDA f\O. SECTION EDA Meeting ORIGINATING DEPARTMENT APPROVED FOR AGENDA Richard Fursman City Administrator ITEM f\O. Authorize purchase of Tax Forfeit Property/ Right of Entry BY: V C:?S /d.t'p The EDA is requested to authorize staff to complete arrangements for the purchase of tax forfeit property being held by the County. The property is better known as the old "punkin City Site." The County has set the price of $20,000. There are a number of special assessments against the property, therefor, any money paid for the site will come back to the City in the form of delinquent taxes. In other words, the site will cost nothing, or nearly nothing. ***************** The old "Tire Site" is a bit more complicated. The county has an asking price of $100,000. Staff has indicated to the County that there is a tremendous amount of work to be done in cleaning the site at a very high cost. Both sides were unable to agree as to what those final costs would be. I requested, and the County consented to allowing the City to go onto the property and clear it before the sale take place. The cost of the property will be determined once the bill for the clean-up is paid. Thus the price for the property will be $100,000 minus the cost of clean- up. Staff is requesting permission to enter into an agreement with the County to clean the site. \ ) MOTION BY: SECOND BY: '. i I \ I I , I' \ II , , , :l I ,. I " '" "L-II/t'I' ~/.f ~q 'V"'h .r~Ar'. l/I.$.1_1,9 .z:"i7ti ~ "" ~ . il<'. ..," .1 _.__ 1 . ,- I~ . ,;,~ ,,~ ~I 'i' ""'7....,. f'" -, .... ~.! I~ 'i'" .....~ ~!~ ., ;1; j i. - ~ ~s. ~.~ ~.~ ~... :ji ~ .._:~ ;;,'" : , , , , , , . . , J<1fI"?.?8 'e'HI.l2 ~ ::: '4 ...~<tV?tJ"" () '4~./~ :V"'-" .-" . I \ ~~ ~~ ) ~ , , . . . :J ,~ " .....' " ,~ ,: .f"' ~~ ~-t ~ " ~ .~ R.. ,;.~ i\ ~ 0~ ". l' A "'. \,( " ,. : ~ " ~ #?#C, ~~ ( . . ~ f)=Z: ""P$ ~~ ~~ l> ~ l> ~ Z 0 ~ 0:.' ~ fTI '- r ST. ::0 ~~ ~~ .' ~ \{ ::I: =E ~ ':1 ':: :< I -.: " -, .'?, .. ~ 1 -;;;:. '-.., --_::::-:--- , ". ~t'--- ... '2 , ~ ::0 ~, '~I - - - .~ ...... .... \ :E ~ ;;. ~'" ~ ;:1 {be '" ... ~~ ~ 1> ~ " "'U r AGENDA f\O. ITEM f\O. .;;1. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION SECTION HRA Meeting 1996 - 1998 CDBG program - Opportunity to withdraw REQUEST DATE June 6. 1995 Planning ORIGINATING DEPARTMENT David L. Planning =e, Carlberg Director APPROVED FOR AGENDA BY'of The Andover Housing and Redevelopment Authority (HRA) is asked to decide whether the City of Andover should withdraw from the CDBG 1996~1998 Program. Attached is a letter from Anoka County, regarding the three year cycle. If the City chooses to withdraw from the program, we must notify the County and HUD by June 15, 1995. MOTION BY: SECOND BY: COUNTY OF ANOKA Urban Anoka County Community Development Block Grant GOVERNMENT CENTER 2100 3rd Avenue. Anoka, Minnesota 55303-2265. (612) 323-5709 May 25, 1995 Mr. Dave Carlberg, City Planner City of Andover Community Center 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 Re: 1996-1998 CDBG and HOME Programs - Opportunity for Communities to Withdraw Dear Dave: Anoka County has been notified by HUD that it is time for a new three-year cycle of Community Development Block Grant (CDBGI and HOME Programs. HUD requires that we give the communities an opportunity to ftopt-outft of the Anoka County CDBG and HOME Programs at the beginning of each three year cycle. A community's decision to withdraw from the program reduces the County's CDBG population count and entitlement amount and technically is effective for three years, until June 30, 1999. Anoka County can exercise the option to invite a community that has ftopted-outft of the County CDBG Program to participate in the second or third year. If your community wants to have its population excluded from Anoka County's total for the CDBG and HOME Programs. please provide notice in writing to Alyce Osborn. Anoka County Government Center. at the above address and also to Tom Koon, HUD, 220 South Second Street. Minneapolis. MN 55401, not later than June 15. 1995. All of the communities executed Joint Cooperation Agreements for 1987 that continue in effect so long as there is a CDBG Program and they do not elect to withdraw. However. HUD has now required some new language which includes the HOME Program. This requires a new document to be signed and evidence of authorization by your City Councilor Town Board. We must submit this to HUD prior to July 14, 1995. This document will be forwarded to you shortly. Please schedule your councilor board discussion in June. If you have any questions about this process, please call me at 323-5709. Sincerely, c::2&/ a ~ Alyce A. Osborn Community Development Manager AAO:sw cc: Jay Mclinden Tom Durand Affirmative Action I Equal Opportunity Employer CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE AGENDA SECTION NQ Non-Discussion Item ORIGINATING DEPARTMENT scot~ Eri~kson, l( Englneenng (JJ L APPROVED FOR AGENDA Award Bid/95-3/Cracksealing BY'(Y ITEM 1\0. ozt. The City council is requested to approve the resolution accepting bids and awarding a contract for the improvement of Project 95-3, Cracksealing, to Bergman Companies, Inc. in the amount of $35,730.00. Bids were opened at 11:00 AM on May 30, 1995. There were 3 bidders on this project. \ J The bids for this project are as follows: 1. Bergman Companies, Inc. $35,730.00 2. Allied Blacktop Co. $44,280.00 3. Asphalt Surface Tech. Co. $48,735.00 Bergman Companies, Inc. has successfully completed work for other Metro CitieL The funding for this project is identified in the 1995 seal coat budget. \ ; MOTION BY: SECOND BY: ~I ~ ! ~,:~.E . 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NO. 034-95 MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 95-3 FOR CRACKSEALING CONSTRUCTION IN THE AREA OF SOUTH CENTRAL AREA OF THE CITY WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 068-95, dated MAY 2, 1995 , bids were received, opened and tabulated according to law with results as follows: 1. Bergman Companies, Inc. $35,730.00 2. Allied Blacktop Co. $44,280.00 3. Asphalt Surface Tech. Corp. $48,735.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bergman Companies, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bergman Companies, Inc. in the amount of $35,730.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the meeting this 6th day of City Council at a regular June , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: victoria volk - City Clerk TABULATION OF BIDS PROJECT: 95-3 Crack sealing BIDS OPEN: May 30, 1995 11:00 A.M. P & S CONTRACTOR Ret'd BID BOND TOTAL BID Allied Blacktop Co. Asphalt surface Tech. Corp. $44,280.00 $48,735.00 Bargen Inc. Bergman companies, Inc. Northwest Asphalt Maint., Inc. NB $35,730.00 NB Tenson Construction Inc. Rejected (to late) NB Engineer's Estimate CITY OF ANDOVER GENERAL FUND EXPENDITURE BUDGET " 1994 1995 1991 1992 1993 REVISED ADOPTED ACTUAL ACTUAL ACTUAL BUDGET BUDGET --------- --------- --------- --------- --------- ******************************** * STREETS AND HIGHWAYS - Con't * * 43100 * ******************************** CAPITAL OUTLAY BUILDINGS IMPROVE STREETS SEALCOATING EQUIPMENT 520 530 531 580 6,544 10,680 10,092 7,032 8,692 51,508 10'00~ 50,000 100,00g~167,382 ---------- TOTAL CAPITAL OUTLAY 17,224 17,124 60,200 110,000 217,382 ---------- ---------- ---------- J TOTAL STREETS AND HIGHWAYS 158,034 202,123 246,547 323,270 414,097 ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- ---------- 47 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1995 ITEM t-n scott. Eric~son, h~ EngJ.neenng (jj APPROVED FOR AGENDA AGENDA t-n SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Approve Change Order #1/94-22/ Crown pointe East ~ dC;. The City Council is requested to approve Change Order #1 in the amount of $848.70 for the Crown pointe East, project 94-22. The extra work was required for the street curbing installation for this project. \ I \ .I MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *1 TO PROJECT NO. 94-22 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA CROWN POINTE EAST WHEREAS, the City of Andover has a contract for project No. 94-22, CROWN POINTE EAST with C.W Houle, Inc. of Shoreview, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-22. City Council at a regular meeting this and adopted by the 6th day MOTION seconded by Councilmember of June , 19 95 , with Councilmembers " / voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk / "\ .' CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN May 26. 19~ Corom. No. 10784 Change Order No. -1-- To C.W. Houle. Inc for Crown pointe East (94-221 for City of Andover. Minnesota You are hereby directed to March 7 is subject to all contract (increase) (decrease) (not make the following change to your contract dated , 19~. The change and the work affected thereby stipulations and covenants. This Change Order will change) the contract sum by Eioht Hundred Fortv-eiaht and - - - - - 70/100 Dollars ($ 848.70 ) . This change order provides for the following extra work: Hand Pour Surmountable Curb on Quince Street NW 82.0 LF @ $9.00/LF Overhead and Profit (15%) $ 738.00 $ 110.70 TOTAL - CHANGE ORDER NO. 1 $ 848.70 Amount of Original Contract $ Additions approved to date (Nos. $ Deductions approved to date (Nos. $ Contract amount to date $ Amount of this Change Order (Add) (Deduct) (Not Changed) $ Revised Contract Amount $ 636.842.90 0.00 0.00 636.842 90 + 848.70 637.691 60 Approved CITY OF ANDOVER. MN TOLTZ, KING, DUVALL, ANDERSON AND ASSOC:ATES, INCORJ?ORATE~ By ~~?H, O~ Richard M. Odland, P.E. Owner By Date Approved C.W HOULE. INC. By 7" w )J-~ White - Owner" pink - Contractor" Bl ue - TKDA contract1:~~ S'J31 1~ Date CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1995 AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Items scott.Eric~son,~~ EngJ.neerJ.ng ITEM f\O. Approve Change Order *3/94-2/ woodland Ponds 2nd Addition v 30. The City Council is requested to approve Change Order *3 in the amount of $9,386.25 for the woodland ponds 2nd Addition, project 94-2. The extta work was required for the utility and street installations for this project. \ ) \ '- ) MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 94-2 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA WOODLAND PONDS 2ND ADDITION WHEREAS, the City of Andover has a contract for Project No. 94-2, WOODLAND PONDS 2ND ADDITION with W.B. MILLER, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-2. City Council at a regular meeting this and adopted by the 6th day MOTION seconded by Councilmember of June , 19 95 , with Councilmembers / voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria volk - City Clerk .-- CHANGE ORDER ) TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN Mav 26. 19~ Corom. No. 9843 Change Order No. ~ To W.B Miller. Inc. for Woodland~ Pond~ 2nd Addition 194-21/0uickstrom'~ Addition 194-17\ for City of Andover. Minnesota You are hereby directed to September 27 is subject to all contract (increase) (decrease) (not make the following change to your contract dated , 19~. The change and the work affected thereby stipulations and covenants. This Change Order will change) the contract sum by Nine Thousand Three Hundred Eiahtv-six and 25/100 Dollars ($ 9.386.25 ) . This change order provides for the extra work done on the following project: woodland Ponds 2nd Addition (94-2): 1. The following work was done to complete site grading per developer's request: ./ 37.0 HR @ $ 6.0 HR @ $ 20.0 HR @ $ 6.0 HR @ $ 75.00 75.00 65.00 45.00 Front End Loader w/Operator D-6 Dozer w/Operator D-31 Dozer w/Operator Dump Truck w/Operator Disposal Charges Install Silt Fences & Bale Checks Erosion control Blanket & Seeding Lowboy w/Driver Remove Debris A. B. C. D. E. F. G. H. 1. 2.0 HR @ $ 200.0 SY @ $ 5.0 HR @ $ 2.0 HR @ $ 30.00 3.00 65.00 30.00 Subtotal - Site Grading 2. Lower Two Storm Sewer Manholes to Match Finished Grade: A. John Deere Backhoe w/Operator B. Concrete Saw and Blade C. Foreman w/Pickup D. Cement E. Labor 1.0 HR @ $ 75.00 5.0 HR @ $ 30.00 1.0 HR @ $ 55.00 10.0 HR @ $ 30.00 Subtotal - Lower Manholes / $ 2,775.00 $ 450.00 $ 1,300.00 $ 270.00 $ 360.00 $ 60.00 $ 600.00 $ 325.00 S 60 00 $ 6,200.00 $ $ $ $ $ 75.00 150.00 55.00 50.00 300 00 $ 630.00 CHANGE ORDER NO.3 COMMISSION NOS. 10670/10724 PAGE TWO 3. Street Grading on 142nd Avenue NW from Quay Street NW to proposed Woodland Creek 5th Addition West Plat Line: A. Loader w/Operator 16.0 HR @ $ 75.00 $ 1,200.00 B. 126 Grader w/Operator 9.0 HR @ $ 75.00 $ 675.00 C. Roller w/Operator 2.5 HR @ $ 50.00 $ 125.00 D. Lowboy w/Driver 4.75 HR @ $ 65.00 $ 308.75 E. Dump Truck W/Driver 5.5 HR @ $ 45.00 $ 247 50 Subtotal - 142nd Avenue Extension $ 2,556.25 TOTAL - CHANGE ORDER NO. 3 $ 9,386.25 Amount of Original Contract $ Additions approved to date (Nos. 2 $ Deductions approved to date (Nos. $ Contract amount to date $ Amount of this Change Order (Add) (Deduct) (Not Changed) $ Revised Contract Amount $ 165.926.45 3.104.00 o 00 169.030 45 + 9.386.25 178.416.70 Date TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By ~ '1?J. CJ~ Richard M. Odland, P.E. Approved CITY OF ANDOVER. MINNESOTA Owner By MILLER. INC. White - Owner* Pink - Contractor* Blue - TKDA Date AGENDA f\O. ITEM f\O. , \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1995 SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent Items scott.Eric~son,~ Englneerlng Approve Change Order #1/93-30/ Bunker Lake Blvd. Frontage Road .3/. The City Council is requested to approve Change Order #1 in the amount of $5,300.00 for the Bunker Lake Blvd. Frontage Road, project 93-30. The extra work was required for utility installations. \ I / MOTION BY: SECOND BY: APPROVED FOR AGENDA ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 93-30 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA BUNKER LAKE BLVD. FRONTAGE ROAD. WHEREAS, the City of Andover has a contract for project No. 93-30, BUNKER LAKE BLVD. FRONTAGE with Hydrocon, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 93-30. City Council at a regular meeting this and adopted by the 6th day MOTION seconded by Councilmember of June , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk ~ -------------- CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN May 26. 19-.-9..5. Corom. No. 10581 Change Order No. -1-- To Hydrocon. Inc. for Bunker Lake Boulevard Frontaae Road - Phase 2 for Citv of Andover. Minnesota You are hereby directed to March 7. 1995 is subject to all contract (increase) (decrease) (not Three Hundred and - - - - make the following change to your contract dated , 19 2!-. The change and the work affected thereby stipulations and covenants. This Change Order will change) the contract sum by Five Thousand - - - - - - no/100 Dollars ($ 5.300.00 ) . This change order provides for extra work to repair the 30" flared end outlet to the pond located in the Hidden Creek East 5th Addition Subdivision. The following work was performed for the Lump Sum Price of $4,700.00 Remove 30" flared end section. Install 8.0 LF of 30" RCP Storm Sewer pipe. Add one mat of CC-45 cable concrete. Install 30" flared end section Miscellaneous Grading Remove Silt along edge of pond Place Topsoil Install Silt Fences Place Erosion Control Blanket w/Seed $ 4,700.00 The following work performed was =t.. included in the Lump Sum quote listed above: Furnish and Install 2 Mats of CC-45 Cable Concrete 2 Each @ $300.00/Each $ 600.00 TOTAL - CHANGE ORDER NO. 1 $ 5,300.00 , J J TOLTZ, KING, DUVALL, ANDERSON AND ASSOCI~TES, INCORPORATED /I By ~?T1.c?d6~ Richard M. Odland, P.E. CHANGE ORDER NO. 1 COMMISSION NO. 10581 PAGE TWO Amount of Original Contract $ Additions approved to date (Nos. $ Deductions approved to date (Nos. $ Contract amount to date $ Amount of this Change Order (Add) (Deduct) (Not Changed) $ Revised Contract Amount $ Approved CITY OF ANDOVER. MN Owner By Date Approved HYDROCON. INC. Byc:;j~~~ch White - Owner* Pink - Contractor* Blue - TKDA Contractor 5-30-95 Date "'- 381.772.50 o 00 0.00 381.772.50 + 5.300.00 387.072 50 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1995 ITEM t-O scott. Eric~sond[ Englneerlng APPROVED FOR AGENDA AGENDA t-O SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Approve Change Order #5/93-12/ Hills of Bunker Lake 5th Addn. ~ GOl. The City Council is requested to approve Change Order #5 extending the final completion date to September 15, 1995 to allow for final paving at a later date for the Hills of Bunker Lake 5th Addition, project 93-12. " J \ \ j MOTION BY: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER i5 TO PROJECT NO. 93-12 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, the City of Andover has a contract for Project No. 93-12, Hills of Bunker Lake 5th Addition with C.W. Houle, Inc. of Shoreview, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 93-12. City Council at a regular meeting this and adopted by the 6th day MOTION seconded by Councilmember of June , 19 95 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Volk - City Clerk ./ ,;-"..-,,- CHANGE ORDER ,. TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED EngineerS-Architects-Planners Saint Paul, MN May 26. 19~ Comm. No. 10483 Change Order No. ~ To C.W Hnulp.. Tnc for Hills of Bunker Lake 5th Addition 193-12\ for City nf Andover. Minnesota You are hereby directed to make the following change to your contract dated June 7 , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (not change) the contract sum by No and - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ nn/100 Dollars ($ 0 00 ) . This change order extends the final completion date to September 15, 1995 to allow for final paving at a later date. NO CHANGE IN CONTRACT AMOUNT Amount of Original Contract Additions approved to date (Nos. 1.2.3.4 Deductions approved to date (Nos. Contract amount to date Amount of this Change Order (Add) (Deduct) (Not Changed) Revised Contract Amount $ 1.039.727 70 $ 187.028 14 $ $ $ $ 1. 226. 755.84 0.00 1.226.755.84 By Date ~OLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED By- tz,,~jJ r;?h~~ Richard M. Odland, P.E. Approved CTTY OF ANDOVER. MN Owner Approved C W. BOULE. INC By ~w~~l cO~J;J!/;' . White - Owner* pink - Contractor* Blue - TKDA Date ; CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE 'T..,,,,c h 10Q~ . AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Richard Fursman City Administrator BY: ITEM f\O. Legislative Update ~L J.:3. As you are aware, the 1995 Legislative session is now over. The dreaded doom and gloom provisions aimed at cities for the most par~, went away. The biggest news is what didn't happen, and what didn't happen, is the following: 1. Tax freeze - There is no freeze. Cancel the axe. \ 2. Aid Cuts (LGA and HACA). There sill be a small cut in the Homestead, Agriculture aids, but those cuts will be distributed to all taxing jurisdictions, not just cities. 3. TIF - TIF was left alone, I think enough legislators think their constituents benefit, so the major modifications I was afraid of did not appear. All of our projects are safe for another year. I will provide further information as it becomes available. The League of Minnesota Cities will be providing a legislative update which I will review and pass on to you. . , / MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE AGENDA t-O. SECTION d' . Non ~scuss~on/consent ORIGINATING DEPARTMENT F~nance APPROVED FOR AGENDA ITEM f\O. Release Letter of Credit Project #92-15 C5R~ Jean D. Nichols Finance Director BYO;J~ J-y' Kt;UUt;~.~ The Andover City Council is requested to authorize release of the Letter of Credit established for Good Value Homes for Hidden Creek East 5th. BACKGROUND / Letter of Credit #10059 was established by Builders Development and Finance, Inc. for Good Value Homes per terms of the Development Agreement for city project # 92-15. The special assessments for this project have been paid in full, thereby ending the requirement of this Letter of Credit. ) MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE AGENDA f\O. SECTION ORIGINATING DEPARTMENT Scott Ericksonh<L Engineering ~ ~ APPROVED FOR AGENDA ITEM NQ Approve Ordinance No.10X Summary for publications BYO~G J5". The city Council is requested to approve the ordinance lOX summary for publication in the official newspaper. The city Council approved Ordinance No. lOX on April 4, 1995. Ordinance No. lOX amended existing Ordinance No. 10 which is the platting ordinance for the City. \ , / MOTION BY: SECOND BY: / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. lOX SUMMARY Ti tle An ordinance amending Ordinance No. 10, the subdivision and Platting Ordinance of the City of Andover. Purpose The City Council of the City of Andover finds it necessary to update the Platting Ordinance for the City. Certain revisions were made to the Ordinance to improve the platting procedure used by the City. A printed copy of this Ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1995 DATE Richard Fursman City Administrator APPROVED FOR AGENDA AGENDA t-O. SECTION Non-Discussion/Consent ORIGINATING DEPARTMENT ITEM t-O. Temporary Reclassification ~ -3t, . Rhonda Anderson (Support staff for engineering and administrator), recently gave birth to a 6 1/2 pound boy! The bad news is we loose Rhonda for six weeks. A temp is working the front desk, while Pat Gorshe fills in for Rhonda. I have taken action to give Pat a temporary reclassification for the additional responsibilities and different duties. Unless otherwise directed by the City Council, Ms. Gorshe will have an adjustment from $10.98/hr. to $11.45/hr. for the six weeks she is standing in for Rhonda. (The position presently pays $11.92 at the top of the range). \ J / MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1995 AGENDA f\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion/Consent Richard Fursman City Administrator i# ITEM f\O. End Of Probationary Period .3 7. Scott Erickson recently completed his six month probationary period. I have found Mr. Erickson to be a competent, trustworthy staffmember. I recommend without reservation that the City Council affirm the end of probation of Scott Erickson. MOTION BY: SECOND BY: RECEIVED t: 'JUN - 5 1995 'i~ /: CITY UF ANDOVER June 2, 1995 Mr. David Carlberg City of Andover 1685 Crosstown Blvd NW Andover, Minnesota 55304 Dear Dave, since item 18 on the June 6, 1995 City Council agenda is a discussion item, I would like to say something at that time. If you could bring this to the City Council's attention, I would greatly appreciate it. Thank you again for all your help and insight into the amendment of ordinance 53. Sincerely, i " .) '-77fJ/JIJjtVUX /)ufi.,cf Margaret DuPont CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION ORIGINATING DEPARTMENT APPROVED r-n staff, Committees, Comm. FOR AGENDA ITEM City Clerk f\O. BY: Reschedule July 4th Meeting v. Volk Item 21 I spoke with Jack McKelvey and Bonnie Dehn regarding th:.s item and they both would prefer the meeting to be held on Weclnesday, July 5th. MOTION BY: SECOND BY: DATE DATE: June 6, 1995 " ITEMS GIVEN TO THE CITY COUNCIL Andover Tree commission Minutes - May 15, 1995 city council Minutes - May 16, 1995 Economic Develo ment Authorit Minutes - Ma 16, 1995 park and Recreation commission Minutes - Ma 18, 1995 S ecial Joint P & Z Comm & Cit council Minutes - Ma 23, 1995 plannin and zonin commission Minutes - Ma 23, 1995 Letter from John Davidson - TKDA - May 17, 1995 Famil Violence prevention Conference - Ma 25, 1995 Schedule of Bills Ordinance No.8 JJJJ and 8 KKKK PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ...:- MEETING t - t - 9S .".CWD.'\. HEM ~1; /'u ...~,.- &" () ~ June 3, 1995 !'vir. Jack McKelyey Mayor City of Andover 1685 Crosstown Blvd NW Andover, Minnesota 55304 SUBJECT: ORDINANCE 53, SECTION, 23, STATEMENT 2 Dear Mayor McKelvey and Councihllembers: I do not feel that 40 feet from an adjacent residential dwelling or principal structure is sufficient footage" Forty feet does not alleviate my present situation or the situation of many of the at least 100 petitioners. TIns is the reason Ordinance 53 was brought up for amendment in the first place. The at least 100 petitioners do not want dog enclosures placed between their homes, Tbi.. is too close. I do, however, think that 50 feet from an adiacent residential dwellinf!: or principal structure is enou!!.h footaee to alleviate my present situation and to satisfY the at least 100 petitioners. Is government still by the people and for the people? Do the residents of Andover have a voice? Please make the chanee to 50 feet from all adiacent residential dweUinf!: or principal structure, Thank you. 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