HomeMy WebLinkAboutCC June 20, 1995
CITY of ANDOVER
Regular city Council Meeting-June 20, 1995
Call to Order- 7:00 pm
Resident Forum
Agenda Approval
Consent Agenda
Approval of Minutes
Presentation of Badges/Firefighters
Recognition of Engineering Accomplishment/T. Haas
Discussion Items
1. Public Hearing/93-5/Winslow Hills 3rd, Cont.
2. Public Hearing/95-9/Forest Meadows
3. Public Hearing/95-2/Street Lighting/crosstown Drive
4. Public Hearing/Timber Meadows 2nd/Vacation of Easement
5. Sharon's 2nd/Authorize Response to Heil Letter, Cont.
6. Ashford Development Sketch Plan/Sec. 28
7. Riordan/Burns/4100-160th Ln./Discussion
8. Amend Ordinance 8, Therapeutic Massage/Cabinet Making, Cont.
9. Adopt Ordinance 109/Therapeutic Massage, Cont.
10. 155th Lane/Lakeridge/95-8/Discussion
11. Change Facilitators/Externalities
12. Consider Hiring Construction Inspector
13. "No parking'. Issue/139th & Eidelweiss
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Staff, Committees, Commissions
14. Lease/Purchase Copy Machine/Fire Department
15. Hire Fire Department Secretary
16. Hire Parks Maintenance Employee
17. White Paper/City Hall
18. Recycling Agreement w/Anoka County
19. License Renewals/Auto Recycling Yards
Non-Discussion/Consent Items
20. Reduce Cash Escrow/Woodland Creek 2nd/88-19
21. Release Line of Credit/Old Colony Estates
22. Release Line of Credit/Pinewood Estates
23. Approve Final Plat/Timber Meadows 3rd
24. Approve Final Plat/Woodland Meadows 2nd
25. Purchase Easements/Drake street/94-6, Cont.
26. Approve Change Order tl/94-1/City Hall Park Complex i1
27. Receive 1996-2000 5-Year Highway plan/Anoka County
28. Approve Change Order i1/Trunk Water & San. Sewer/94-18
29. Receive Petition/Order Feasibility/Hawk Ridge/Country
View Estates/95-10
30. Receive Petition/Order Feas./181st Ave. W. of Tulip/95-11
Mayor-Council Input
Payment of Claims
Adjournment
,.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE June 20, 1995
AGENDA
t-O
SECTION
ORIGINATING DEPARTMENT
APPROVED I
FOR AGENDA
Approval of Minutes
ITEM
t-O
Approval of Minutes
city Clerk
V. Volk ~~)Y
BY.' .
~
The Ci ty Council is requested to approve the following minutes:
May 16, 1995 Regular Meeting
May 16, 1995 EDA Meeting
May 30, 1995 Special workshop
June 6, 1995 Regular Meeting (McKelvey, Dehn
) absent)
June 6, 1995 EDA Meeting (McKelvey, Dehn
absent)
June 6, 1995 BRA Meeting (McKelvey, Dehn
absent)
June 6, 1995 Special Closed Meeting (McKelvey,
Dehn absent)
-
,
/
MOTION BY:
SECOND BY:
.~~~
CITY OF ANDOVER
REQUEST FOR COUNCIL ACflON
-
DATE
,Tnnp. ?O. 1 qq,
AGENDA
f'o.O
SECTION
Discussion Item
ORIGINATING DEPARTMENT
Fire Dept.
APPROVED I
FOR AGENDA
ITEM
f'o.O
Badge Presentations to firefighter
who have successfully completed
probationary period.
Dan Winkel
Fire Chief
DW.
BY: _ ,
I()(/~-'
The City Council is requested to acknowledge the following
firefighters who have successfully completed their probationary
period. As in the past, the firefighters will be present to
accept their badges from the Mayor and Council.
Shannon Caldwell
\
)
Mike Cox
Dan Ehlers
Jim Green
Jim Haz1edine
,
)
MOTION BY:
SECOND BY:
-)
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100
June 20, 1995
The Engineering Department would like to recognize Mr. Todd
Haas's achievements in receiving his Engineer In Training
certification from the Board of Architecture, Engineering, Land
Surveying, . Landscape Architecture and Interior Design. Mr. Haas
had to pass a series of Engineering tests prior to award of this
certification. This is the first step in achieving registration
as a Registered professional Engineer.
Congratulations Todd on this achievement!!
:) {
'j ScottdL
\
'._J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
June 20, 1995
DATE
AGENDA SECTION
NO Discussion Items
ORIGINATING DEPARTMENT
Scott Erickson,~~
Engineering C1
APPROVED I
FOR AGENDA
ITEM
NO
Continue Public Hearing/Adopt
Assessment Roll/Winslow Hills
3rd Addition/93-5
BY:
/.
The City Council is requested to continue the public hearing and
to adopt the assessment roll for project 93-5, sanitary sewer,
watermain, street, storm sewer and appurtenances for Winslow
Hills 3rd Addition.
At the May 16, 1995, Council meeting and public hearing for this
item Council asked staff to review two items:
1. Has the storm water assessment policy been applied uniformly
by the City to the other developments within the storm water
assessment area?
,
I
/
Yes - With one possible exception of the Creekview Crossing
Development. The attached table (table A) identifies the
various developments which have occurred within the storm
water assessment area. As identified in the table each
development, excluding Creekview Crossing, was consistently
assessed the same storm water rate ($.04/sq. ft.). The
assessment was calculated based on the area of the plat minus
the appropriate ponding areas.
2. Will the City assess in excess of the cost of the
installation of the storm water trunk improvements.
Unknown - It is not possible to determine at this time if an
excess amount will be collected for these improvements.
Depending on when and how the undeveloped areas develop will
determine if there will be excess assessments or if the City
will have collected enough funds to pay for the improvements.
Each year the City pays interest on the bonds for these
improvements thus reducing any fund balance there may be. In
addition, depending on how the remaining area develops may
require the City to expend additional funds on the trunk
system in this area.
*
Additional information on this item was included with the May
16, 1995, agenda item.
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF
SANITARY SEWER, WATERMAIN, STREET, STORM SEWER AND APPURTENANCES
PROJECT NO. 93-5 WINSLOW HILLS 3RD ADDITION .
WHEREAS, pursuant to proper notice duly given as required by law,
the council has met and heard and passed upon all objections to the
proposed assessment for the improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto
and made part hereof, is hereby accepted and shall constitute the
special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in semi-annual
installments, together with principal and accrued interest, extending
over a period of 10 years, the first of the installments to be
payable on or before the 15th day of April, 1996 and shall bear
interest at a rate of 7 percent per annum from the date of
the adoption of this assessment resolution.
3. The owners, of any property so assessed may at any time pay
the whole of the assessment on such property with interest accrued
to the date of payment to the city Treasurer.
MOTION seconded by Councilmember
and adopted by
the City Council at a
regular
meeting this
20th 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
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
June 20, 1995
DATE
AGENDA
f\O.
SECTION
ORIGINATING DEPARTMENT
Discussion Item
Scot~ Eri~kson, ~[
Eng1neenng <::uL
APPROVED I
FOR AGENDA
ITEM
f\O.
BY:
Public Hearing/95-9
Forest Meadows
;;?,
The City Council has scheduled a public hearing for 7:00 P.M. for
Project 95-9, for the Forest Meadows area.
Attacheq are the following:
* Resolution ordering improvement
* Letter to property owners
* Public Hearing Notice
* List of property owners
i * Copy of original petition and map received buy City
Note: The feasibility report was in the June 6, 1995 packet.
Please bring this to the meeting.
The orginal petitioned area had the following information:
Total number of lots - 24
(includes Forest Meadows)
Number in favor of improvements - 12
Number against - 9
Number unavailable - 3
(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
I
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS
PROJECT NO. 95-9 IN THE FOREST MEADOWS AREA AND DIRECTING
PREPARATION OF FINAL PLANS AND SPECIFICATIONS.
WHEREAS, Resolution
the 6TH day of JUNE
hearIng; and
No. 087-95 of the City Council adopted on
, 19~, fixed a date for a public
WHEREAS, pursuant to the
such hearing was held on the
19~; and
required published and mailed notice,
20TH 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. 95-9
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.
MOTION seconded by Councilmember
the City Council at a
regular
meeting this 20th
and adopted by
day of
June
, 19 95 , with Councilmembers
voting in favor of the resolution,
and Councilmember
voting against,
whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Jack MCKelvey - Mayor
Victoria Volk - City Clerk
\
\
I
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100
"
June 5, 1995
Re: Proposed 1995 Street Construction/Forest Meadows and
Adjacent Properties/Project 95-9
Dear Residents:
A feasibility report has been prepared to determine the estimated
cost to pave the streets in the above mentioned area.
Discussion:
The City of Andover has received a petition from your
neighborhood to consider reconstructing the streets within your
area. The reconstruction would consist of paving a 24 foot wide
asphalt surface 2.5" thick on 4" of gravel base. The streets in
the area presently exist as 22-26 foot wide rural section
roadways consisting of fine sand and gravel. A public hearing
has been set for 7:00 P.M., June 20, 1995, with the Andover City
Council.
Estimated Cost:
The estimated assessment to each lot is $5,000.00. This cost
could be assessed over a 10 year period at about 7.0% interest or
the assessment can be paid in full within 30 days with no
interest.
.Assessment Period/Cost:
The annual assessment payment over 10 years at 7.0% interest
would be approximately is $58.00 per month or $697.00 per year.
If you have any questions, feel free to contact me or Mr. Todd
Haas at 755-5100.
Sincerely,
e1d'L
Scott Erickson, P.E.
\ City Engineer
SE:pjg
Encl.
\
/
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 IMPROVEMENTS
PROJECT NO. 95-9
FOREST MEADOWS AND ADJACENT AREAS
NOTICE is hereby given that 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 20, 1995
at 7:00 P.M. to consider the making of the following
improvements:
Street Construction
The property to be assessed, pursuant to Minnesota Statutes
Section 429, for the improvement is within the following
described area:
All that area of Forest Meadows located in Section 2-32-
24, Anoka County, Minnesota.
and
All that area of the east 400 feet lying north of the
south 930 feet of the Northwest Quarter of Section 2,
Township 32, Range 24.
The estimated cost of such improvement is $119,994.00.
_~uch persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
CITY OF ANDOVER
~~
Victoria Vo k - City Clerk
~
/
Publication Dates: June 9, 1995 and June 16, 1995
02 ~2 24 21 0007
Ronald & Sandra Nicholls
18046 Xeon St NW
Andover, MN 55304
'; 32 24 21 0010
,,~n & Mary Taylor
17916 Xeon St Nw
Andover, MN 55304
02 32 24 12 0002
Richard & Connie Lonsky
18001 Xeon St NW
Andover, MN 55304
02 32 24 13 0003
Phillip & Rebecca Kvamme
1110 - 179th Ave NW
Andover, MN 55304
02 32 24 12 0005
Richard & Lisa Rosar
18000 Vale St NW
Andover, MN 55304
n"',32 24 12 0008
lid & Cindy Brostrom
.i.8'001 vale St NW
Andover, MN 55304
02 32 24 12 0011
John T. Miller
18000 Tamarack St NW
Andover, MN 55304
02 32 24 11 0007
Patrick ~'Terri Groh
18001 Tamarack St NW
Andover, MN 55304
file: pat
95-91abels
02 32 24 21 0008
David & Carol Kogler
18016 Xeon St NW
Andover MN 55304
02 32 24 24 0008
Merwyn & Dorothy Larsen
17844 Xeon st NW
Andover, MN 55304
"
02 32 24 12 0003
Sean & Lwana Wallin
1131 - 179th Ave NW
Andover, MN 55304
02 32 24 13 0006
David & Corine Norrgard
1030 - 179th Ave NW
Andover, MN 55304
02 32 24 12 0006
David & Cindy Jezierski
18040 Vale st NW
Andover, MN 55304
02 32 24 12 0009
Miriam Grimsrud
17911 Vale st NW
Andover, MN 55304
02 32 224 12 0010
Marcellus & L. McMullen
17920 Tamarack St NW
Andover, MN 55304
02 32 24 11 0008
Ken Johnson & Beth Schultz
17921 Tamarack St NW
Andover, MN 55304
02 32 24 21 0009
Jeffrey & C. peckron
17946 Xeon St NW
Andover, MN 55304
02 32 24 12 0001
Millard & Ann Brubecker
18041 Xeon st NW
Andover, MN 55304
02 32 24 13 0002
Nikolaos & N.N. Akrivos
1130 - 179th Ave NW
Andover, MN 55304
02 32 24 12 0004
Suzanne Betts
17910 Vale st NW
Andover, MN 55304
02 32 24 12 0007
R E & J L Johnson
18041 Vale st NW
Andover, MN 55304
02 32 24 12 0012
Wayne Martinson
18040 Tamarack st NW
Andover, MN 55304
02 32 24 11 0006
James & Janelle Evans
18041 Tamarack St NW
Andover, MN 55304
City of Andover
Park Commission
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CITY of ANDOVER
RECEIVED
MAY 19 1995
CITY LJr hl\jUOVER
Date: ;:.; - ( .'>?' Cj S-
"
No.
q 5"-'7
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
Fores t:- f"lcad()(()c,
do hereby petition that said portion of said area be improved by
Construction of City ;::1C<V,"1q (b/Qc1:-tcOi:>"I1c,j of ,<<;t:,..~~t~
I;;J'" I I ";:;T
and that the cost of said improvement be assessed against the benefiting:
property, as authorized by Chapter 429, Laws of Minnesota.
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, SIGNATURE OF OWNER ADDRESS LEGAL
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DESCRIPTION
YES
NO
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This petition was circulated by:
Address: (-,,, ( ':foe) ( ")<. eo..;
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CITY of ANDOVER
. -
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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.
LEGAL DESCRIPTION
YE/NO
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This petition was circulated by:
Address: (-::~
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
June 20, 1995
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT APPROVED I
FOR AGENDA
Discussion Item
Todd J. Haas,
Engineering#"
BY:
ITEM
NJ.
Public Hearing/95-2/Street
Light/Crosstown Drive
.3.
The City Council is requested to hold a public hearing for 7:00 P.M.
for the installation of street lights in the Crosstown Drive area,
Project 95-2.
Attached are the following:
* Resolution ordering improvement
* Letter to property owners
* Public Hearing Notice
* List of property owners
* Copy of original petition
* Proposed street light location
The orginal petitioned area had the following information:
Total number of lots - 14
Number in favor of improvements - 10
Number against - 0
Number unavailable - 4
Pin 33-32-24-13-0005 would be proposed to have 2 units as the lot is
currently residential with the potential of being split.
Each unit will pay $10.00 per quarter as defined in Res. No. 238-94
Commercially zoned properties were not included as the parcels would
have their own lighting or currently have their own existing lighting.
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
following:
A RESOLUTION ORDERING THE IMPROVEMENT OF STREET LIGHTING, PROJECT NO.
95-2, IN THE CROSSTOWN DRIVE NW AREA.
to adopt the
WHEREAS, pursuant to the required published and mailed notice, a
public hearing was held on the 20th day of June 1995; and
WHEREAS, all persons desiring to be heard were given such
opportunity for same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover to hereby order improvement No. 95-2, street lighting in
the Crosstown Drive NW area with the costs of same to be billed on
the normal quarterly utility billing.
20th
and adopted
day of
MOTION seconded by Councilmember
by
the City Council of the City of Andover this
June
, 19 95.
-'
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
victoria Volk - City Clerk
\
CITY of ANDOVER
J
1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 . (612) 755-5100
June 6, 1995
Re: Public Hearing - Street Lights - Crosstown Drive NW
(project 95-2)
Enclosed please find a notice of hearing on improvement of street
lighting in the above described area.
The estimated cost of installing the lights is $1995.00. The
billing per lot will be approximately $10.00 quarterly or $40.00
yearly. This may increase or decrease depending on the Anoka
Electric Cooperative energy and maintenance charges.
The style of light is a 4 sided decorative light on a black pole.
If you are interested in the appearance of the street light or
the intensity of the light itself, please drive to Hidden Creek
development which is located to the south of Bunker Lake
, Boulevard behind Brooks Superette.
It is recommended that if property owners want to change their
vote on the petition, those property owners should attend the
scheduled meeting or send a letter to my office prior to the
scheduled meeting. If you have not signed the petition and your
are interested in signing the petition please contact me.
If you have any further questions, please feel free to contact me
at 755-5100.
Sincerely,
1::f//~
Assistant City Engineer
TJH:pjg
Encl.
'\
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/
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF HEARING ON IMPROVEMENT
PROJECT NO. 95-2
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 20,
1995 at 7:0~ P.M. or shortly thereafter to consider the makLng of the
following improvement:
Street Lighting
The property to be assessed, pursuant to Minnesota Statutes Section
429, for such improvement is within the following described area:
Those areas along Crosstown Drive between Bunker Lake Boulevard and
Crosstown Boulevard.
The estimated cost of such improvement is $1,995.00.
Such persons as desire to be heard with reference to the proposed
improvement will be heard at this meeting.
CITY OF ANDOVER
~Ifi
Victoria Volk - Cit:. Clerk
Publication Dates: June 9, 1995 and June 16, 1995
33 32 24 13 0005
Gerald & J E Holderness
13730 Crosstown Dr NW
Andover MN 55304
3: '2
ArltJKa
325 E
Anoka
24 13 0016
cty Hwy Dept
Main st
MN 55304
33 32 24 13 0027
Daniel J & C J Vanhout
13848 Crosstown Dr NW
Andover MN 55304
33 32 24 11 0028
Kevin & Debra Thalin
13878 Crosstown Dr NW
Andover MN 55304
33 32 24 11 0031
George W & L M Bunn
13920 Crosstown Dr NW
Andover MN 55304
file: RA
labels95-2
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33 32 24 13 0060
Lisa R McLaughlin
13784 Crosstown Dr NW
Andover MN 55304
33 32 24 13 0025
Dorothy Hudson
13828 Crosstown Dr
Andover MN 55304
NW
33 32 24 13 0028
L 0 Anderson & J K Trust
13858 Crosstown Dr NW
Andover MN 55304
33 32 24 11 0029
Francis Peterson
13900 Crosstown Dr NW
Andover MN 55304
33 32 24 13 0024
Midwest Federal
13818 Crosstown Dr NW
Andover MN 55304
33 32 24 13 0026
Marlin & Marilyn Luft
13838 Crosstown Dr NW
Andover MN 55304
33 32 24 14 0037
Elbert & Joan Bowlby
13868 Crosstown Dr NW
Andover MN 55304
33 32 24 11 0030
Kathleen A Bydlen
13910 Crosstown Dr NW
Andover MN 55304
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CITY of ANDOVER
RECEIVED
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MAR " 7 1995
CITY 01- ......NuOVER
Date: ~-/7--15
No. "0 iec-t .:Jt q.r- z-
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Gentlemen:
We, the undersigned, owners of real property in the following described
area:
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do hereby petition that ,said portion of said area ge improved by
Construction of City /.r,..',-..f( f"'uf" i.V~/f vJ.J::;' 0"'" \;,,!J.-Vp/!
/
and that the cost of said improvement be assessed against the benefitiJ9
property, as a~thOri~~d by Chapte~ 429:, Laws of ~in~e~ot~ .;L, d... I
/'r -r' L..-/ I-iY!.- j.,'.'f .J,.,.--rt:f /.)//"/ _,'71 ",/<- )c'vt:f( C-.. 1"
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT APPROVED I
FOR AGENDA
Discussion Item
Todd Haas,
Engineering
-f"/K
BY:
ITEM
NJ.
Public Hearing/Vacation of
Easement/Lot 3, Block 5
Timber Meadows 2nd Addition
1.
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 3, Block 5,
Timber Meadows 2nd Addition.
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
This is being vacated to eliminate problems in the future for a future
home owner in case they may want to build an accessory building or add
onto their home.
~
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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 3, BLOCK 5, TIMBER MEADOWS 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 3, Block 5, Timber
Meadows 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 3,
Block 5, Timber Meadows 2nd Addition, Anoka County, Minnesota.
The south 10.00 feet of Lot 3, Block 5, Timber Meadows 2nd
Addition, Anoka County, Minnesota, according to the record plat
thereof, which lies easterly of the westerly 320 feet thereof.
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 3, Block 5, Timber
Meadows 2nd Addition.
Adopted by the City Council of the City of Andover this 20th day
of June , 19 95 .
CITY OF ANDOVER
ATTEST:
Jack McKelvey - Mayor
Victoria Volk - City Clerk
\
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The 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 20, 1995 at the Andover City Hall, 1685 Crosstown
Boulevard NW, Andover, MN to review the Vacation of Easement for
a portion of Lot 3, Block 5, Timber Meadows 2nd Addition at the
request of the woodland Development:
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:
The south 10.00 feet of Lot 3 Block 5, TIMBER MEADOWS SECOND
ADDITION, Anoka County, Minnesota, according to the record plat
thereof, which lies easterly of the westerly 320.00 feet thereof.
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.
- ".. d~iL
Victoria V~- City Clerk
Publication Dates: June 9, 1995
June 16, 1995
,
File: 844,60
PROPOSED DESCRIPTION OF DRAINAGE AND UTILITY EASEMENT TO BE
VACATED
The south 10,00 feet of Lot 3 Block 5, TIMBER MEADOWS SECOND ADDITION,
Anoka County, Minnesota, according to the record plat thereof, which lies easterly
of the westerly 320,00 feet thereof,
See attached "Exhibit A"
I
,
1,-1 ~~~~g~
II Assoc.,lnc.
Engineer,;, Surveyor,; &. landscape Architects
222 Monroe Street, Anoka. Minnesota 55303
61 Z/ 427 ,5860
S~E.TC.\4- O~ EA5ENEN\
\j AC.AT\GN
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LANE 1132.64 N.W. '" 1 ImOl
I 492.76 ,1l' 165.00 I: Iwe!
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5. . .. ~::' SECO~O AOON..I1 ~~I
I EA.5ENENT TO ~I I OO?\
I I BE. VACATEO tol I -01
: I, - ~'?O.oCl 599.75' I 1::'02 50rn L !
75 T
1299.36 '. 50 I!
N8802413311W L South Une of the Northea,t Quarter I i
of the Northeast Quarter of See. /7, I
T.32. R. 24, Anoka County, Minnesota.
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I hereby certify that this survey, plan or report was prepared ~y
me or under my direct supervision and that I am a d~ly Regls-
ter~27/~the laws of the State\:;~esota
~ ~ Reg. No.
4.j\,~/qS M4, <00
Date . Job No.
o Denotes Iron Monument
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Scale NONE:.
Book
Page
Parcel Search
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W-+E
s
PIN: 163224220001
MERTES WILLIAM G & JOAN C
16315 ROUND LK BLVD
\
",DOVER MN 55304
PIN: 163224220032
CLEVELAND DENNIS M & S J
3126 163RD LN NW
ANOKA MN 55304
PIN: 163224220034
MERTES WILLIAM G & JOAN C
16315 ROUND LK BLVD NW
ANDOVER MN 55304
PIN: 163224230010
KIRK JANET M
6821 INTERLACHEN BLVD
EDINA MN 55436
PIN: 173224110004
MALSTROM M L & PALMQUIST R
830 W MAIN ST
ANOKA MN 55303
PIN: 173224110006
MODEEN DANIEL J & BOERSMA C L
3312 164TH AVE NW
ANDOVER MN 55304
PIN: 173224110010
MALSTROM M L & PALMQUIST R
830 W MAIN ST
ANOKA MN 55303
PIN: 173224110014
FANGER BRIAN J & SUSAN A
3326 163RD LN NW
ANDOVER MN 55304
PIN: 173224140001
WOODLAND DEVELOPMENT CORP
CARLSON LAWRENCE B 830 WEST MAIN STREET
ANOKA MN 55303
PIN: 163224220023
BEAL MICHAEL L & SUSAN E
3153 164TH AVE NW
ANOKA MN 55304
PIN: 163224220033
LEONHARDT MICHAEL J & P K
16340 JONQUIL NW
ANOKA MN 55304
PIN: 163224230009
LARSON JAMES M
3095 162ND LN NW
ANDOVER MN 55304
PIN: 173224110002
MOE KERRY & CLENDENING JOELLE
16326 ROUND LK BLVD NW
ANDOVER MN 55304
PIN: 173224110005
MALSTROM M L & PALMQUIST R
830 W MAIN ST
ANOKA MN 55303
PIN: 173224110009
MALSTROM M L & PALMQUIST R
830 W MAIN ST
ANOKA MN 55303
PIN: 173224110013
GUDMUNDSON LYNAE M & CONRAD P
3372 163RD LN NW
ANDOVER MN 55304
PIN: 173224110015
MALSTROM M L & PALMQUIST R
830 W MAIN ST
ANOKA MN 55303
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ANOKA COUNTY G.I.S.
2100 3RD AVENUE ANOKA, MN 55303
OFFICE: 612/422-7508 FAX: 612/422-7508
PIN = Parcel Identification Number
17-Apr-95
PIN: 163224220001
MERTES WILLIAM G & JO
16315 ROUND LK BLVD
ANDOVER MN 55304
BEAL MICHAEL L & SUSA
3153 164TH AVE NW
ANOKA MN 55304
CLEVELAND DENNIS M &
3126 163RD LN NW
ANOKA MN 55304
LEONHARDT MICHAEL J
16340 JONQUIL NW
ANOKA MN 55304
MERTES WILLIAM G & JO
16315 ROUND LK BLVD NW
ANDOVER MN 55304
LARSON JAMES M
3095 162ND LN NW
ANDOVER MN 55304
KIRK JANET M
6821 INTERLACHEN BLVD
EDINA MN 55436
MOE KERRY & CLENDENI
16326 ROUND LK BLVD NW
ANDOVER MN 55304
MALSTROM M L & PALMQ
830 W MAIN ST
ANOKA MN 55303
MALSTROM M L & PALMQ
830 W MAIN ST
ANOKA MN 55303
PIN: 163224220023
PIN: 163224220032
PIN: 163224220033
PIN: 163224220034
PIN: 163224230009
PIN: 163224230010
PIN: 173224110002
PIN: 173224110004
PIN: 173224110005
\
/
1
\ PIN: 173224110006 MODE EN DANIEL J & BO
j 3312 164TH AVE NW
ANDOVER MN 55304
PIN: 173224110009 MALSTROM M L & PALMQ
830 W MAIN ST
ANOKA MN 55303
PIN: 173224110010 MALSTROM M L & PALMQ
830 W MAIN ST
ANOKA MN 55303
PIN: 173224110013 GUDMUNDSON LYNAE M
3372 163RD LN NW
ANDOVER MN 55304
PIN: 173224110014 FANGER BRIAN J & SUSA
3326 163RD LN NW
ANDOVER MN 55304
PIN: 173224110015 MALSTROM M L & PALMQ
830 W MAIN ST
ANOKA MN 55303
PIN: 173224140001 WOODLAND DEVELOPME
CARLSON LAWRENCE B830 WEST
ANOKA MN 55303
\
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2
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
AGENDA
NJ.
SECTION
ORIGINATING DEPARTMENT
Scott Erickson-~~
Engineering --cP
APPROVED I
FOR AGENDA
Discussion Item
ITEM
NJ.
BY:
Sharon's 2nd/Authorize Response
To Heil Letter, Cont.
$.
This item was presented at the June 6, 1995, council Meeting and was
requested to be tabled by the Heils until the June 20, 1995 regularly
scheduled Council Meeting. The Council is requested to remove this
item from the table for discussion.
Sedimentation Basin
See the attached letter and report regarding the Sedimentation Basin.
)
DriVeWay
The Hei 's have also requested to discuss with the City Council their
driveway as it relates to the reconstruction of Bluebird Street in
front of their house. The reconstruction of Bluebird Street and the
installation of new concrete curb and gutter necessitated lowering the
street grade 1.7 feet in front of the Heils driveway. The street was
lowered to provide positive drainage for the stormwater and was also
centered within the street right-of-way. The change in street grade
will result in a change in grade to the Heil's driveway. We have met
with the Heils to discuss a number of options regarding their driveway
grade. (see attached options). A number of driveway grades could be
constructed which are flatter then the maximum grades allowed by City
Code (10%) or the State Design Manual (15%).
\
)
MOTION BY:
SECOND BY:
C~
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
June 6, 1995
AGENDA SECTION
t-O. Discussion Item
ORIGINATING DEPARTMENT
Scot~ Eri?kSOn,~(
Englneenng W L
APPROVED
FOR AGENDA
ITEM
t-O.
Sharon's 2nd Addition/Authorize
Response to Heil Letter
"'\}J
'1.
The City Council has received the attached letter dated May 8, 1995
from Clay and Deanna Hei1 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
~onservation 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.
( )
MOTION BY:
SECOND BY:
Dear Andover Cit), Cotmdl,
,5- b 'IS
I am writing tltis letter iIll.tlice sOllle \-cry St'fiOiiS ,:,,;;,i:filS ~ !la' <: ,,:'lIut th~
development of the cul-de-sac in Andm'er off of Ande,'er B!~ d., hetwte:l D~':!k{' and
liluebird s1.
("j
~ly main concern is the pend tha! is being put m. !~~ir~t off aH, ~E:.~~- :;:~~~b tn 5cm~
people I don't understand why it is being put in, period, 1. ronl wlult I'\e been wId
there is no reason why steps CilUlJl1't be taken hI USe the e.\Hin~ ponti thai. h r1l?,hi.
there already (1 am talki....g ah;:ut the pend that is or. ;:;r prop~rt)' of 1425 .\...."tdo\'cr
Bluebircl There is also a huge pond (mote) hcing put in right :lcrOSS Ihe street from
us, I know that I am not a engineer amI do not have knowledge about drainage, but
I do Imow that I have seen plent). of developments that do not have 1 let :llone 4
different ponds in the area that is around here ( I am referring also to the one arross
Andover Blvd. in Old Colony Estates). It seems to me that there could be a way that
the existing pond could be used so tilllt a new one wouldn't have to be put in.
My reasoning for que~tion.i.'lg the need for the pond is for one reason. anti one reason
only, ;md that reason is Sitfety. I have li"ed here for G years, and with 3 dilldren
anes 6 3 ......d 1 W" are ol".ide all.t \h, ""0 old"'~t ("hil,I...... ,,1,.'\1 "..t~l.de fr"'III"..tlv
~ ,.a. .. &..~.... U1. ~l ~~'f :. TT ...... -..---- ...& r"-. -.I........ ... '1............ ..
with the other neighbor children. That pond is just a HUh.: 10 cJ!1~.: ror >:illlihrt. it is
right on our property line, dnd I -~,,'ould 1lt"lt"f ~\tn id in) ;'A~ utii lh..! \tuur li..111\:~", ~
..".~ right' th"re nrith t"II"ID r cnnCj'rler n,vc"'lf ,r,"......;n" ,.,I..n """'cn" "c ..." ,-l...i,i~..n ,'e"'"
iI~...., ,I. ii." Il...l .... it.. ., .._.... "..,.T.1'- ."._I.',U..._ ."il;..... .-KII. ",:'I i_i} ~"U'<O."'L.... I)
well, but there is obviously times when the kids could he (Jut in the yard pla~'iii~ while
I'm eeil~ !Wlch or sllmc!hitlg, \\l: inquired ii lh~n' wouid Or a ience around the
"'ond '--11' ..... w,..... ~ol'! 'h,.t .l.....re '''o''!'! "'ot be D.._.__._n" .J..;.. -Ake'- -.-. ., 1:..i...
t' Mil "'" .,"'1,-.. ..... U4. .I~~. f' u.._.... 4 a. ....jJUllU61...'.. .......,,) ..."'4) ..1~ _ ....'IL
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furiom; that the dty j<i;il't willing ill "pi'lui the 1l1:lfWY to make sure that it "Iii hi' :J
sate environment for uur children whu na\e been hl'"n~ for VC:.l:'~ ami pius tne um:s
that "ill be mO\1.ng i.nto that c-..;l-dcas:c. f ('o;1:d uI-:\;~7".;t;u':.d if 1 ;~;~.:; iA:~~.~~~ i.;~tn ~
home thM the ponti W;al' alrt'atly Ih"'-I\ obviously iJwn j '''mid l<lll)\\ .he ~!tu:ltion, but
the fact is ior you to put a pond iiteraily in my back")':Ird you are reaily fon:ing me to
1) mon (which we couldn't do e.en if we wanted), 2) Keep my children in the 11\,liSe
constantly unless I can be with them with both eyes on them at all times, (I haven't
even discussed the issue of the kids plu;.mg on il when the ice might be tu thin during
the wint~r time). 3) Just let life go on as ;1onllal ~n,t i.4ke the dliuh,e lif liEf. illY
children (or neighbors) being seriously hur! {lr even killed in th:H pond, ~
~ Mjjy , i995 7
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Last summer we inquired about what the code or requirements would be for us if we
were to put a 4 feet ABOVE the ground pool, and 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 chlldren would
have access to walking straight into.
So. basically I am askin: first of all for you to reconsider the iocaiion of that pond,
and secondlj' if for some extremel)' impos~ible reason that your ('an't alread)' use the
existing pond (which I would like to know why) than J am asking you to care eilough
about the children who will be pla)'im:. in this area to fence the entire pond in. 'Ye
did not move into this situation, you arc putfu,g u:; i., it. 1 also want to say that we arc
not normally people who complain aboui situation~, we have put up wiih thh nlllll
(Bluebird sf,) be~ entirely dis~sting with water and mud in fhe sprir..g time ami
ruts that were awful to drive on fOi 6 yean now and lurn,n'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 011 this matter. We really hope that we don't have
to take any kind of legal action, but it will be an option if something can't be done,
Thank You
l'..QCL~ i DeO.1\f\A M
Clay and Deanna Hell
14554 Bluebird St.
Aundover,~ 55304
434-8597
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
'"no
.,n
,
1 QQ~
AGENDA
t\Q
SECTION
Discussion Item
ORIGINATING DEPARTMENT
APPROVED I
FOR AGENDA
ITEM
t\Q
BY:
Sketch Plan - Ashford
Development, Section 28
~
Andover Review Committee
t,
The City Council is requested to review the proposed sketch plan
located in Section 28 as requested by Ashford Development.
The Andover Review Committee (ARC) has reviewed the sketch plan
and their comments are as follows:
General Comments
"\
,
)
* The proposed sketch plan is located in an R-1 Single Family
zoning District with a minimum lot size of 108,900 square feet.
Fourteen (14) residential lots.
* The City Council will need to determine if 149th Avenue NW east
of Round Lake Boulevard will be constructed to serve this
parcel. Currently the street is designated as a Municipal
State Aid Street and also posted as a minimum maintenance road.
Also the adjacent areas may be agricultural and flood plain
zones. This parcel appears not to be in a flood plain.
Note: Attached is letter to affected parcels along the
designated MSA Street.
* There may be a number of lots that may need variances including
lot widths on Lot 1 of Block 1 and Lots 1 and 8 of Block 2 and
Lot 1 of Block 3.
* variances appear to be necessary for Lots 1 and 8 of Block 2 as
the lots do not appear to meet the 2.5 acre minimum requirement
as indicated in Ordinance 10, Section 9.06 A3.
* All lots will require to meet Ordinance 10, Section 9.06 a(3)
which relates to lot size requirements and buildable area. The
property is not located within the MUSA area. Therefore, the
lot shall be buildable which meets the 39,000 square foot
requirement.
J
CONTINUED
MOTION BY:
SECOND BY:
* The Water Resource Management Plan which was recently updated
and approved by the Andover City Council, Coon Creek Watershed
District and the Lower Rum River WMO is to be implemented with
the development.
~
* The 100 year pond elevation based on ultimate development will
be required to be identified on the preliminary plat. In
addition, drainage and utility easements are required for
the 100 year flood elevation.
* The developer and/or owner is responsible to obtain all
necessary permits (DNR, LGU, MPCA and any other agency which
may be interested in the site). Initial contact should be made
with the City regarding this item.
* There may be wetlands within the plan that must be delineated
by agencies and indicated on the preliminary plat. The Local
Government Unit is the Coon Creek Watershed District. The
developer shall contact the Watershed to discuss the 1991
Wetland Conservation Act that is in effect.
* The developer is responsible to meet City Ordinance 8 and 10
and all applicable ordinances.
Remember: This has not been studied by staff in detail as most
of the detail will be reviewed with the preliminary
plat.
Park and Recreation Commission Recommendation
The Commission will be reviewing the sketch plan at their
June 15, 1995 regular meeting.
Planning and Zoning Commission Recommendation
The Commission generally did not appear to have any problems with
the sketch plan although they did ssuggest to the developer that
Lots 1 & 8 of Block 2 be located interior of the block and have
larger lots located along the proposed 149th Avenue NW.
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100
June 14, 1995
Dear Resident:
The City of Andover City Council has been requested to discuss
the possible extension of a State Aid street as it relates to a
development sketch plan proposed in your area. At this point
this is a preliminary discussion with the Council regarding the
proposed development and possible street extension. As you are a
property owner adjacent to the possible street alignment, the
City would like to inform you of this discussion that will be
occurring at the June 20th City Council meeting. The meeting
begins at 7:00 P.M. at the Andover City Hall (1685 Crosstown
Boulevard).
If you have any questions or would like to discuss this with City
Staff, you can contact me at 755-5100.
Sincerely"
dv~
Scott Erickson, City Engineer
SE:pjg
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AVE.
t-l.'w.
22 32 24 32 0002
Kenneth Slyzuk
15211 Nightingale St NW
Andover MN 55304
,
2,. ;2 24 34 0001
Walter & Rosemary Luptuta
15026 Crosstown Blvd NW
Andover MN 55304
21 32 24 43 0001
Joseph W. Fields
Ed Fields & Sons, Inc.
15421 Round Lk Blvd NW
Andover MN 55304
\
L...be J:S" fu~oY"J S...<:. .,Q~
22 32 24 31 0001
Kenneth Slyzuk
15211 Nightingale St NW
Andover MN 55304
21 32 24 33 0002
Anoka County Hwy Dept.
1440 Bunker Lk Blvd NW
Andover MN 55304
22 32 24 33 0001
Walter & R. Lubtuta
15026 Crosstown Blvd NW
Andover MN 55304
21 32 24 34 0001
Lorraine M Malamen
Kenneth & M.A. Slyzuk
15211 Nightingale St NW
Andover MN 55304
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE ,111n~ 20. 1995
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
f\O. FOR AGENDA
Discussion t
ITEM Planning
f\O. BY:
Riordan/Burns
4100 160th Lane NW David L. Carlberg
Planning Director
1.
Robert and Cynthia Riordan and Timothy and Sabra Burns have
requested to be placed on tonight's agenda to appeal a decision by
Staff.
,
Staff received a call informing the City that two families were
living as a single family unit on the property located at 4100 -
160th Lane NW. Staff contacted Robert Riordan on the issue and
upon further review and consultation with the City Attorney sent
an ordinance violation letter. Attached is the letter for Council
review. The Council should note that the Riordans and Burns' have
been cited for violating the zoning Ordinance. The property is
zoned R-l, Single Family Rural and does not allow two families to
live as a single family unit. Attached for Council review are the
pertinent sections of the zoning Ordinance relating to this case.
,
Staff has included for Council review documenation submitted
by the Riordans and the Burns'.
Staff requests the Council to direct the City Attorney to prepare
a legal analysis on the validity of the Zoning Ordinance in this
case.
J
MOTION BY:
SECOND BY:
/;
/
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (612) 755-5100
April 28, 1995
Robert Riordan
4100 160th Lane NW
Andover, MN 55304
Re: Two Families Residing in a Single-Family Home in a R-l
zoning District
Dear Mr. Riordan:
The city of Andover has received a neighborhood complaint in
regards to two families (who are not related by blood, marriage,
or adoption) living in (1) one single-family home located at 4100
l60th Lane NW, Andover, MN.
-'
Staff has consulted with the city Attorney, and it is apparent
that you are in violation of Andover Zoning Ordinance No.8,
Section 7.02 - Permitted Accessory Uses. It is also evident that
the occupants at the above mentioned property do not meet the
definition of a family as defined in Ordinance No.8, Section
3.02 - Definitions.
please comply within the next ninety (90) days by limiting the
number of families to (l) one family at the residence. A re-
inspection has been scheduled for July 3l, 1995.
Thank you for your cooperation. please feel free to contact me
at 755-5l00 if you have any questions.
Sincerely,
22~ZR
eff I ohnson
Code Enforcement Officer
JJ/blh
Enclosure
cc: Dave Carlberg, Planning Director
legal file
Ordinance No.8, Section
I
/
@
/
Dog Kennel: Any place where four (4) or more dogs over six
(6) months of age are boarded, bred and/or offered for sale,
except a veterinary clinic.
Drive-In Business: Any business in which people are provided
a serv~ce or a sale is made without the passenger being
required to leave the vehicle.
Drop-In Child Care Center: A center whose total licensed
capacity is based primarily on children who attend on an
irregular basis. (800, 5-19-87)
Durable & Dustless Surface: Durable and dustless surface
shall be asphalt, concrete, or other surface (water sealed)
as approved by the Engineer or Building Inspector.
Dwellina Unit: A residential building or portion thereof
intende for occupancy by a family but not including hotels,
motels, boarding or rooming houses, tourist homes or
trailers. It shall include manufactured homes. (8S, 7-20-
82)
Dwelling Unit, Attached (single family): A form of
individual ownership of single family attached dwelling unit
which entails joint ownership and responsibility for
maintenance and repairs of the land and/or other common
property. This shall include, but not be limited to,
townhouses, carriage homes, manor homes and similar. Such
structures shall not exceed two (2) stories in height,
excluding the basement. (8BB, 4-2-85)
Dwelling, Detached: A dwelling which is entirely surrounded
by open space on the same lot.
Exterior Storare (includes Open storage): The storage
goods, materia s, equipment, manufactured products and
similar items not fully enclosed by a building.
of
Family:
a. an individual, or two (2) or more persons related by
blood, marriage or adoption living together, or
b. a group of not more than five (5) persons who need
not be related by blood, marriage or adoption, living
together as a single house keeping unit in a dwelling
unit, exclusive of usual servants.
Farm Truck: All single unit trucks, truck-tractors,
tractors, semi-trailers, and trailers used by the owner
thereof to transport agricultural, horticultural, dairy, and
other farm products, including livestock, produced or
finished by the owner of the truck, and any other personal
property owned by the farmer to whom the license for the
truck is issued, from the farm to market, and to transport
property and supplies to the farm of the owner. Trucks,
truck-tractors, tractors, semi-trailers, and trailers
registered as "farm trucksn may be used by the owner thereof
to occasionally transport unprocessed and raw farm products,
not produced by the owner of the truck, from the place of
production to market when the transportation constitutes the
Page 6
Ordinance No.8, Section
SECTION 7. USES.
7.01 Permitted Uses
~
Within any of the following districts, no structure or land shall
be used except for one (1) or more of the uses listed by district:
(8WW, 10-6-87)
PERMITTED USES IN ALL DISTRICTS
Public and private forests and wild life reservations
and public parks.
Public elementary, junior and senior high schools.
Public owned and operated property except as herein
amended.
Public utility uses for local service when located
within public right-of-way. All other public utility
uses require a special use permit.
RESIDENTIAL DISTRICTS:
R-1 Single Family Rural District
Agricultural Uses.
Any site which has more than five (5) non-domestic
~animals per acre shall require a special use permit.
~Single family residential structures.
R-2 Single Family Estate District
Rural Agricultural Uses Outside Metropolitan Urban
Service Area Only. (8UUU, 11-05-91)
Single family residential buildings.
Urban Agricultural uses.
R-3 Single Family Suburban District
Private sewer and water systems shall only be
permitted on every other lot or no more frequently
than one private system for each 40,000 sq. ft.
where large lots are established. This shall not
apply to lots of record at the time this Ordinance
is adopted. On each new plat, the lots are to be
developed in accordance with this section and shall
be so designated.
Rural Agricultural Uses Outside Metropolitan Urban
Service Area Only. (8UUU, 11-05-91)
Single family residential buildings.
Urban Agricultural uses.
page 51
Ordinance No.8, Section
(8VVV, 12-17-91)
INDUSTRIAL DISTRICTS:
. J.
I Industrial District
Building materials or lumber yard
Manufacturing (limited)
Medical and dental clinics
Mini-storage
Professional offices
Professional Studios
Rental businesses
Repair services
Research laboratories
Service stations
School Bus Terminal (8VVV, 12-17-91)
Vehicle wash establishments
Veterinary clinic or hospital with no outside pens
Warehouses
Wholesale businesses
Veterinary clinic or hospital with no outside pens
(8YY, 11-03-87)
~.02 Permitted Accessory U~~s~
Within the following districts, the listed uses shall be permitted
accessory uses:
In All Residential Districts
Keeping of domestic animals (three [3] or less except in
R-l)
w
Open, off street parking space (8BBB, 5-17-88)
Gardening and other horticultural uses
Keeping of not more than two (2) boarders or roomers by
a resident family with no private cooking facilities
Private garages
Home Occupations, not requiring the use of an accessory
structure and/or exterior storage. (8MMM, 5-15-90)
Page 55
,
.\60 ,OLl"Hn.\lE OffiCE CENUF.
600'J FJW-a:r. A\1'r-;L'E SOUTH
EDIN.'. M~ ~5iJ~.181'-I
TElUHO~IE' 16Il'"/,;-G669
F^C~lMltE. t61~1 ~~1).~"12
KI\LIAS
A)SOCIATES&
June 13, 1995
Mayor Jack McKelvey
and Councll Members
1685 Crosstown Boulevard NW
Andover, MN 55304
RE:
Robert and CynthIa Riordan and Timothy and Sabra Burns
Dear Mayor McKelvey and Counen Members:
MICHAEL T. KALLAS
Atto'....., .. LlIlow
1111s firm represenl~ the above individuals who are the owners and residents of 4100 -1 60th Lane NW,
Andover, Minnesota, An Issue has been ralsed by the CIty regarding their use of this property. The
maner ha.~ heen ~eheduled to come hefore the City Council on Thesday, June 20, 1995, We are
enclosing with this lelter a Memorandwn setting out some infonnation that the CIty Council may fmd
useful In making its decisIon In this matter.
Thank you In advance for your thoughtful consIderation of this Issue,
Respectfully,
Jfl~d
Attorney at Law
MTKlslr
Enclosure
cc: Me, and Mrs. Robert Riordan
Mt, and Mrs, TImothy Burns
\lln\RQlmOlo,
MEMORANDUM
,
I
-u
INTRODUCTION
Thls Memorandum Is subnliued on behalf Timothy and Sabra Burns and Robert and Cynthia
Riordan (hereinafter referred to as "Homcowners") regarding their ownership and occupancy of
property located at 4100 . 160th Lane Nonhwest. Andov~. Minnesota (hereinafter referred to as the
"Propeny"),
FACTS
Prior to the Homeowners acquiring the Property It was owned by Mr. and Mrs, Dayton Jahn,
doing bu~lness as Steps of Success Homes, WhIle Mr. and Mrs. Jahn owned the Property they lived
there with their two children and with tcn other unrelated adolescent girls, ranging from age 12 to 18.
After the Property had been used In the operation of Steps of Success Homes for
approximately UU"ee years, the issue of Its use came before the Andover Planning and Zoning
CommJsslon on April 23, 1991, and before the Andover City Council on May 7, 1991. As a result of
those meetings, It was found !hat the use of !he Property by the Jahn's/Steps of Success Homes would
not be detrimental to !he health, safety, morals or general welfare of the community. that the use
would not cause serious traffic congestion or hazard. that the use would not depreciate sWToWlding
propeny, and that the use was In harmony with the Comprehensive Plan,
The Homeowners purchased the Property from the Jahn's In the fall of 1994, The Property
was purchased by TImothy Burns. Sabra Burns, Robert Riordan and Cynthia Riordan, all as Joint
Tenants with rights of survivorship. TIle Homeowners utillze the Property as a single housekeeping
unlt. sharing kitchen facilities and other common facl11t1es. The Propeny is occupied by Mr. and Mrs,
RJordan and their three children, ages 7.8 and 11, and Mrs, and Mrs, Bums and their two children,
ages 8 and 11.
The group hAA four motor veWcles, two parked In a triple garage on the Property and two
parked in an adjoining paved section of driveway. The Homeowner'!: do not parle vehicles off the
Property grounds,
The Bums and the Riordan's are successful, contributing members to the Andover community,
attending all educational events and volWlteerlng extensively, They have the support of neighbors and
the educatIonal community and others, as demonstrated by petIllons and other correspondence
submitted with this Memorandum, That support Includes the support of Nick Riordan's grade 3
leacher, the support of Tim Riordan's grade 6 teacher, the support of the principal of Washington
Elementary SchOOl and tile support of twelve middle school teachers and nine elementary school
teachers.
ISSUES
The zoning ordinance for the City of Andover defines a family as:
"a, an Individual. or two (2) or more persons related by blood.
marriage or adoption Uvlng together, or
b, a group of not more than five (5) persons who need not be
related by blood, marriage or adoption. living together as a
single house keeping unit In Ill.1wt:lUnll uuit, exclusive of usual
servanls."
The Homeowner!: have been nolined by the City of Andover that the City believes that the use
of the Property by the Homeowners violates the above zoning ordinance.
The issues presented by this City's position are as follows:
1. Does the relevant portion of the City's Zoning Ordinance violate the United States
Constitution or the Fair Housing Act?
II, Does the relevant portlon of the City's Zoning Ordinance violate Minnesota Statutes?
III. Are the Homeowners entitled to a variance/conditional use permit?
/
2
DISCUSSION
I. The relevant portion ot the Clty's Zoning Ordinance is unconstitutional Dnd
violates the Fair Housing Act In Its application.
While ills Important for the 20ning auUlOrlUes tu be provided considerable latitude in
fomlUlating and enforcing a plan restricting uncontrolled growth. solving traffic problems. and making
a community an attractive place for families and business. such goals cannot be allowed to Infringe
upon the fundamental constllutional rights of the cltI:zenry, Individuals have constitutional right to
practice a p:uticular religion, to e9pause pnrtlcular polltlcal beliefs, and to assoclate with others without
governmentallnterfcrence. Therefore. while zoning officIals can properly concern themselves with the
use of land, Including the numberIng of residents In a dwelling, such officials cannot validly consider
who those individual residents are. what they believe. or how they choose to live.
We have here a group of individuals residing as one household unit. sharing common
facilities, Interestingly, If Me, and Mrs, Riordan and Mr. and Mrs, Bums were to divorce and enter
Into cross-marriages. then we would have a group of Individuals all related by blood or mamage living
together In compliance with the definition of family wIthin the Andover ordinance, The fact that Mr.
a.nd Mrs. Riordan and Mr. and Mrs. Bums do not chose to live in such a fashion and the fact that they
hold religious beUefs that would prevent such conduct Is not to be used to discriminate against them
by the City of Andover. Such discrimination violates their constitutional rights of freedom of religion
and freedom of association and freedom of privacy.
The Fair Housing Act prohibits discrimination in housing on the basis of familial status, i,e,
discrimination agalnst parents or other custodians domiciled with their children under the age of 18
(42 U.S.C, ~ 3602(k) 1988). The Act covers as discrimination !he refusal to make reasonable
accommodationll...and rules. policies. pr.3ctices. or servIces If such accommodations may be necessary to
3
afford [family status] persons equal opportunity to use and enjoy a dwelling. 42 U.S,C. ~
/
3604(OO)(B),
The above quoted Andover ordinance defines a family as a group of not more than five
persons who are not related Therefore. both couples (bclng less than five) could live together, but for
Uleir minor children. As a result. the above ordinance discriminates agalnst both couples based on
their familla! status.
Funher, the Andover ordinance permits an accessory use for property of a family keeping not
more than two roomers and boarders, 11lerefore, either family could keep the remaining couple as
roomers or boarders, but for their minor children, Therefore, the application of the ordinance against
eIther couple discriminates against them based upon their familial status,
The Fair Housing Act entirely exempts from Its compass any reasonable local, slate or federal
restrictions regarding the maximum number of occupants perm1tted In occupy a dwe11lng. 42 U,S.C, ~
3607(11)(1) (1988). However, the Andover ordinances do not fall within this exemption because they
do not prescribe the maximum nwnber of occupants a dwelling may house. Instead, they descrtbe
who may compose a family by requirements of marriage or adoption. There Is nothing in the
ordinance in question that would prohibit a family of 20 or more from residing In a single family
home, provided they are all related by blood, ma.rrlage or adoption.
II. The relevant portion or the Clty's Zoning Ordinance violates Minnesota Statues
Chapter 363 by discriminating against marital status and discriminating against fam11lal status,
f\.Unne.~ota Statutes Chapter 363 (The f\.finnesota Human Rights Act) prohibits discrimination based
upon famlllal status and marital status. As stated earlier, If the Riordan's and Burns' wish to go
through a massive life change by cross-marriages and/or cross-adoptions they could comply with the
requirements of this ordinance, Therefore, the basis for discrimination of the Bums and Riordan Is
.'
4
upon their marital status and familial status which violates the Minnesota Human Rights Act. Mlnn,
Stat. f 363.03 SuM. 2.
Ill. Homeowners are entitled to a condItional use pennlt allowing their conUnued use
of the property. 11te Homeowners are entil1ed to a reasonable accommodation on the part of the City
to allow their present use of the premIses, Nothing in the Homeowners use of the Property Is more
demanding on the community than the previously allowed use of Steps of Success Homes allowed by
the City. This use Involves less occupants. less traffic. 11te Homeowners are quiet and committed to
family values a.nd to furthering the Interests of the Andovcc community, As demonstrated by the
te~timonlals submitted, there are many In the community that deeply appreciate the benefits that the
Homeowners have brought to the community. Such a benefit should be fostered and encouraged.
Me, and Mrs, Riordan and Mr. and Mrs, Bums are all owners of this Property, As owners
they ought to be t;lvcn the right to tho bonofiol,,) uce or thcalr Property. To dE'prIvt:' rhpm of lhl~ 1I~P.
would truly be a loss to them and a loss to the community of Andover,
CONCLUSION
Society has evolved to a diverse collection of IndivIduals working and living together,
Examples of this dlversIIY in living arrangements can be seen in our dally lives and even In the
television we view, The "Brady Bunch" and "Full House" are good examples of Individuals joining
together. creating a cohesive unit for the benefit of themselves and their communities. Would the City
LoUnctl Interpret ll'l orC1tnance to pruttJblllltl: Dla~)' Buu\;b tlOlll lIvin& withIn the limib of Andover?
If so, would that he constitutional or Instead an unconstitutionallmpositlon of social or religious
values concerning marriage or adoption?
Most Importantly, members of the community of Andover recognize Mr, and Mrs, Riordan and
Mr. and Mrs, Burns as vnlllcd memhers of this community and discrimination agalnst them based upon
marital and familial status is both inappropriate and harmful to this community.
,
-'
5
/.
\UTl\R.~129";)\.O'
(3., /qqS:
Respectfully suhmltted,
KALLAS & ASSOCIATES
fJL
By:
Michael T. Kallas
Attorney Reg. No. 159499
360 Soulhdale Office Centre
6600 France A venue South
EdIna. MN 55435
Telephone (612) 926-6669
Telecopier (612) 926.1501
6
.-/
PETITION OF SUPPORT
WE, THE UNDERSIGNED NEIGHBORS OF THE BURNS/RIORDAN
FAMILY, HAVE RECENTLY BEEN MADE AWARE OF THE ALLEGED
VIOLATION OF CITY ORDINANCE #8, RE: TWO FAMILIES LIVING IN
ONE HOME. WE HAVE COME TO KNOW THE RIORDAN'S AND BURNS'
AS ONE FAMILY AND DO NOT'PERCEIVE THEM TO BE IN VIOLATION
OF THE ORDINANCE. ALSO, WE FEEL THIS FAMILY WILL HAVE A
POSITIVE EFFECT ON PROPERTY VALUES. THEY SEEM TO BE
FRIENDLY NEIGHBORS WHO TAKE PRIDE IN THEIR PROPERTY AND
THEm FAMILY, TRAFFIC TO THIS HOUSE IS NOW LESSENED AS
COMPARED TO THE PREVIOUS HOMEOWNERS,
WE DON'T FEEL THAT THE BURNS-RIORDAN FAMILY POSES A
THREAT TO OUR HEALTH, WELFARE, SAFETY, MORAL STANDARDS,
OR THE FAiVIILY CHARACTER OF OUR NEIGHBORHOOD.
WE URGE THE COUNCIL TO RECOGNIZE THIS FAiVIILY AS A FAMILY,
ALBEIT A UNIQUE ONE.
************************************************************************
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ADDRESS
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NAME.... ADDRESS
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NAME. ADDRESS
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NAME ADDRESS
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ADDRESS '
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ADDRESS
NAME
ADDRESS
NAME
ADDRESS
P~T TI~ OF SUPPORT
N, \ ..:;ek'\
WE THE UNDERSIGNED . .ENTA!iV TEACHERS OF THE
BURNS/RIORDAN CHILDREN HAVE RECENTLY BEEN MADE AWARE OF
THE THREAT POSED BY THE CITY OF ANDOVER TO THE CONTINUITY
AND STABILITY OF THESE CHILDRENS' SPECIAL AND LOVING HOME.
WHILE WE UNDERSTAND THE CITY'S CONCERNS ABOUT FAMILY
VALUES, WE URGE THAT GOVERNMENT TAKE INTO ACCOUNT THE
MANY TYPES OF FAMILY THAT EXIST IN SOCIETY TODAY.
OFTEN, A FAMILY IS RAISED BY A SINGLE PARENT HAVING TO
JUGGLE WORK, CHILD REARING AND HOUSEKEEPING, THESE FIVE
CHILDREN HAVE FOUR PARENTS BETWEEN THEM WHO ARE
DEVOTED AND LOVING, THIS STABILITY OF GUIDANCE AND
DISCIPLINE SHOWS BOTH IN THEIR CLASSROOM BEHAVIOR AND
ACADEMIC PERFORMANCE,
ALL OF THESE PARENTS HAVE VOLUNTEERED AT THE SCHOOL
GIVING OF THEIR TIME TO ENHANCE THEIR CHILDRF.N~'
EDUCATIONAL EXPERIENCE,
WE URGE THE CITY TO SHOW COMPASSION AND UNDERSTANDING
TO A FAMIL THAT MAY NOT FIT THE CITY'S DEFINITION, BUT DOES
FIT THE T E DEFINITION, OF F AMIL Y.
~
Ii (ld/. -/, bv)
/
~.h.l;'P) UA1.1 ~ AI L'J J
Teacher
..(Jo/;uiUJ f:.:)p,f-
Tea h r
II(~~
~~-
~s
~ fI1:f ~
-..d'ud/ W .
./ /" Class
~~
m--if~~:->
Teacher
. i //7
l/ I. I,~
))-R--?'7 A: ~ 17'7/ ;-/;(>-
Teacher
Class
;;>I~J /< t'.; /1 J 1
'/
, Class
If,>'
~ 1M ( ptUrWZf
Teacher
-:LJJD./Ec..l-cil DV/SOIL-
Class
--~
~ l> "'5: ~ --"""[30 N (:::>
Class
/
Io~tr -4J i1 ~
Class .
1JJ
~~~.
.~<"~~_/' .*G1 ,
.
, /
. I
PETITION OF SUPPORT
WE THE UNDERSIGNED ELEMENTARY TEACHERS OF THE
BURNS/RIORDAN CHILDREN HAVE RECENTLY BEEN MADE AWARE OF
THE THREAT POSED BY THE CITY OF ANDOVER TO THE CONTINUITY
AND STABILITY OF THESE CHILDRENS' SPECIAL AND LOVING HOME.
WHILE WE UNDERSTAND THE CITY'S CONCERNS ABOUT FAMILY
VALUES, WE URGE THAT GOVERNl\1ENT TAKE INTO ACCOUNT THE
MANY TYPES OF FAMILY THAT EXIST IN SOCIETY TODAY.
OFTEN, A FAMILY IS RAISED BY A SINGLE PARENT HAVING TO ..
JUGGLE WORK, CmLDREARING AND HOUSEKEEPING. THESE FIVE
CHILDREN HAVE FOUR PARENTS BETWEEN THEM WHO ARE
DEVOTED AND LOVING. THIS STABILITY OF GUIDANCE AND
DISCIPLINE SHOWS BOTH IN THEIR CLASSROOM BEHAVIOR AND
ACADEMIC PERFORMANCE.
ALL OF THESE PARENTS HAVE VOLUNTEERED AT THE SCHOOL
GIVING OF THEIR TIME TO ENHANCE THEIR CHILDRENS'
EDUCATIONAL EXPERIENCE. ONE OF THE PARENTS, CINDY
RIORDAN, WAS HERE EVERYDAY. SHE SOON BECAME A TRUSTED
EMPLOYEE, ESCORTING CHILDREN TO AND FROM A NEARBY
PRIVATE SCHOOL FOR SPECIAL EDUCATION SERVICES.
WE URGE THE CITY TO SHOW COMPASSION AND UNDERSTANDING
TO A FAMILY THAT MAY NOT FIT THE CITY'S DEFINITION, BUT DOES
FIT THE TRUE DEFINITION, OF FAMILY.
~a~~
CTh%At} (j-o~4~1/
eacher
8e,^-,- ~j' [~ \
Class
3~~~(yJ~~
Class
Ih/Jltr ,R!Jd&;iN1.dif/c
Teacher
C<~)-f?7 qJ~
~jJu~
Teacher
Class
tfw4ll1: IJilj~~~
Teacher
--I?~ V~
Teacher
~tI~ {JtJ/&<Jfu~
Class ()
AI~A-d ~Ah:;f h~
Class .
K~ ~e~
~I 0<0 c-. ~aJ tJ6,-key
Class
~ 91~ ".m-'\ I'll o;::t. ,,)
Teacher
l'r1 ~;n} P ~)
Class
Teacher
Class
Teacher
Class
:
Washington
Elementary
School
2171 Sixth Avenue N
Anoka, Minnesota 55303-2399
(612) 422-5125
Jean Kincanon, Principal
June 5, 1995
Dear Andover City Council Members:
This letter is in reference to two families ( the Burns and Riordans) who
reside in the Washington School attendance area and whose children attend
our school. It has come to my attention that their residency in a single-family
dwelling in Andover has been questioned because of a city ordinance.
/
The intent of this letter is to give my support for these two families who are
highly involved in our school. From the very first day of school last
September, the Burns and Riordans have volunteered their energy, time, and
effort on behalf of students and staff. Mrs. Riordan works part time for the
District as a safety escort (walking St. Stephens' students) and, to my
knowledge, has not missed a day of work. Mrs. Burns has made the choice to
be a "stay-at-home-mom," to provide the stability of a well-run household.
,
These two families, who are good friends, are intact, intelligent families with
good values. They are present for every event, meeting, and program during
the year. Their children are the most important part of their lives. They
have planned and implemented a system which is financially attainable,
supportive of their children, and allow them the flexibility to have both
working adults and adults who stay home to supervise and maintain a sense
of order.
My purpose is not to interfere with the workings of your city council, but I felt
you should know something about these two families and their importance in
our school community. Please feel free to call me if you have further
questions, at 422-5125.
Thank you for your consideration of this matter.
~~
Jean Kincanon
Anoka-Hennepin Independent School District 11
equal opportullities for educatioll alld employmellt
printed (m recydl'd part'
June 2, 1995
To whom this may concern;
,
I am writing this letter to give you information that I
have about the Bart Riordan family of 4100 160th Lane in
Andover.
I have known this family since last September, but
technically not very well. I have had the pleasure to have
their son, Tim, in my class since that time. Believe me
when I say pleasure, for he is an outstanding student and.
more importantly, a super young man. I cannot say enough
good things about his great personability and personality!
I have taught for 24 years in Anoka, and I feel very
strongly that a child is a reflection of their family and
homelife! You are welcome to visit my class anytime and ob
serve the students' behaviors. You would soon find that you
can predict with great accuracy the kinds of homes the
students are products of. Though I have never stepped foot
in the Riordan home, I can assure you that Tim has come feom
an environment that produces model Ameeican citizens! In
fact I wish about 50% of my students could come from that
home! It certainly would make my job easier and also
produce better youngsters.
I also know that both the Riordan and Burns parents can
constantly be found volunteering their time at school. In
the many years that we have taken oue 6th graders on a
skiing outing, I have never had anyone be more helpful
(eecognizing what to do on his own) than Bart was foe us
this winter! Both fami I ies took an active roll in
conferences throughout the year and open house and other
infocmative meetings.
It is obvious to me that these two famil ies have the
same types of values and priorities that we as Americans say
we value! If you have any questions of me, feel free to
give me a call oc invite me to visit with you in your
oft ice.
"
Sinceeely,
~~
Glen Semanko
6311 169th Lane
Ramsey
753-4094
I
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flLm-t' /t'LS tf(nce. lad /luJuJf 199'i. .r Ind IIleln
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cla...ssro()/?'l-- tlus Je.ar.
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we-it - I7lflnner~d.) Iz~? Y.J w~-lL ecc{;'ustevi.
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cfuccess t'rr.. Jc./zo,1. .l~!~1fs h /;ulre.n,z!r d/2ttL
our CtJn-trnunt' <'1. Th(; 'R'~rdll/lf Cl/1~ ,OJU/"/ZJ'
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JWle 9. 1995
To Whom It May Concem:
I am wrifing this lelter on hdl:llf of the Bums and Riordan families. Throughout the past year, I had the
oppOIhmity to provide inslrudion and get to know Jessica BlUllS quite well. At the begiruilng of the year
Jessica was very shy and reserved. As the year progressed, Jessica developed confidence in herself and her
abilities, She became much more outgoing, and her organizational skills improved a great deal. Jessica is a
delightful child, and she made great strides throughout the year. The BI1I11S and Riordans provide a positive
family emirmunent for their children, and I believe tllls is one of the main reasons for Jessica' s tremendous
progress tlils year,
/
111e liurns and Riordans live in a lUuque situation. I believe it is a very healUiY and stable family
environment. lbe Burns and Riordans care a great deal about tlleir children and tlleir well being. 111ese
f.ounilies are very supportive of their children and they want them to be provided with a quality education,
J}olh f:llnilies spend a great deal of time vohmteering their services in various ways such as fimd-raisers,
special projects, and field trips, 11le BI1I11S and Riordans are very involved and active parents at
Washington Elemenlilly SchooL and they are also very supportive of the entire stalI, As an educator. I see
mml~' nl"r.'",ctecl "hil,lren ~~thin our school. I feellhat Jessica and the oilier chilclren in these f.1milies are
very forftmate to have four loving, caring parents helping them grow and develop. All of tile chilrhen arc
pf\lvided with a great deal o[ attention and love.
I hope the city of Andover allows these f.'II11i1ies to continue to live togetIler. 11le RionJans and BlmlS work
togetller, like a team to provide a healthy, loving, and stable environment [or their children, 111ese families
have learned to live togeUler and make it work. Please tIunk o[the children when making your decision and
Ihe impact it may have on them, 11le Riordans and Bums have formed a wonderful and loving /hmily,
Please do not lake this away from them,
Sincerely,
~g~
Nicole Gross
"
., j
To Whom It May Concern:
My daughter-in-law, Cindy Riordan, has asked me to
write concerning the household in Andover where she,
my son Bart, their three boys and the Burns family
live.
I visited them in April and May this year. I found
that all five children were in excellent health, doing
extremely well in school, active in baseball, music,
and enjoying life generally.
I felt that the Burns family had become members of
my own family and that their children were additional
grandchildren of my own. I noticed no competition,
jealousy, or even much teasing among the children.
Mealtime was handled well, bedtime was without strain.
Household chores were alotted each week and rotated
so no one had a grievance. Homework was supervised
by one of the adults, whoever was free.
, /
Discipline was handled as needed by anyone of the
four adults with reference to anyone of the five
children. When necessary, anyone child was taken
aside and talked to privately by anyone of the
adults.
Every member of the household seemed to feel him or
herself a valuable member of the group. This is a
friendly, loving family; hugs were frequent among
all members of the group. Indeed, it seemed like
there was only one family. I was reminded of the
adage "It takes a village to raise a child."
Hay 23, 1995
15 Pine Hill Ct.
San Rafael, CA 94903
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DECEIVED
n~ll'~I;;;li ·
-
June 12, 1995
The City of Andover
ATTN: Jeff Johnson - City Inspector
1685 Crosstown Blvd. N.W.
Andover, MN 55304
CITY OF ANDOVER
ATTN: Jeff Johnson - City Inspector
REF: Two families living in one residence -
Tim and Sabra Burns and Bart and Cindy Riordan
located at 4100 l60th Lane N.W., Andover, MN
This letter is in regards to a petition being circulated
to allow these two families from California to live in
our neighborhood under one residence.
The City of Andover has an ordinance that states this is
illegal.
We are paying high taxes in this county and a portion of
this is allocated to the City of Andover's employees
salaries to keep these laws enforced. If the City of
Andover allows a variance based on a petition - how
many other families corning in from California or other
states will you be giving a variance to????????
For the price they paid for this house and land each
family could purchase a home of their own and be legal.
This is what the rest of us had to do.
THE RESIDENCE OF THE
FOX MEADOWS DEVELOPMENT
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE June 20. 1995
AGENDA
t-O.
SECTION
ORIGINATING DEPARTMENT
Discussion Items
Planning
APPROVED
FOR AGENDA
c.1=?-- BY: ,y
Director 4
"
ITEM
t-O. Amend Ordinance No.8,
Sections 3.02, 4.30
and 7.03.
David L.
Planning
'i.
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 1tem 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.
I Attached for Council review is the staff report and minutes from
the Mav 23. 1995 P1annina and Zonina Commission meeting.
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
June 6. 1995
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
f\O. Discussion Items Planning FOR AGENDA
~
ITEM
f\O. Amend Ordinance No. 8, BY:
Sections 3.02, 4.30 David L. Carlberg,
and 7.03. Planning Director
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.
J Attached for Council review is the staff report and minutes from
the May 23, 1995 Planning and Zoning Commission meeting.
MOTION BY:
SECOND BY:
I
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORD NO. 8
AN ORDINANCE AMENDING ORDINANCE NO.8, KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS:
Ordinance No.8, is hereby amended as follows:
SECTION 3.02
DEFINITIONS
Retail Trade and Services: Stores and shops selling the personal
services or goods over a counter. These include: antiques, art
and school supplies, auto accessories, bakeries, barber shop,
beauty parlor, bicycles, books and stationary, candy, cameras and
photographical supplies, carpets and rugs, catering
establishments, china and glassware, Christmas tree sales,
clothes pressing, clothing and costume rental, custom dressmaking,
department stores and junior department stores, drugs, dry goods,
electrical and household appliances, sales and repair, florist,
food, furniture, furrier shops, garden supplies (year-round
operation only), gifts, hardware, hats, hobby shops for retail of
items to be assembled or used away from the premises, household
appliances, hotels and apartment hotels, interior decorating,
jewelry, including repair, laboratories, medical and dental
research and testing, laundry and dry cleaning pick-up, processing
to be done elsewhere, laundromat, leather goods and luggage,
locksmith shops, musical instruments, office supply equipment,
optometrists, paint and wallpaper, phonograph records, photography
studios, service station, restaurant, when no entertainment or
dancing is provided, shoes, sporting goods, tailoring, theater,
except open air drive-in, therapeutic massage establishment,
tobacco, toys, variety stores, wearing apparel and similar type
uses.
Therapeutic Massaae Establishment: An establishment in the
business of provi ing therapeutic massage services to the public.
. I
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 limlte 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
City 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:
Victoria Volk, City Clerk
Regular Planning and Zoning Commission Meeting
Minutes - May 23, 1995
,ge 6
(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.
to table this until Chairperson
Mot~on carried unanlllluUiily.
i) DISCUSSION - AMEND ORDINANCE NO.8, SECTIONS 3.02, 4.30 AND 7.03 -
THERAPEUTIC MASSAGE AND CABINET MAKING AS HOHE 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 100 feet
trom 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.
\ .
.ID
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 ACTION
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 MakingjWood 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.
l-~
Regular Andover City Council Meeting
'nutes - April 4, 1995
'_ ..1ge 2
(Consent Agenda, Continued)
Item 11 Approve Plans & Specs/IP95-1/Wood1and-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, 143~5 Xenia Street NW
,/
/
Mayor McKelvey asked for a motion to approve the Consent Agenda.
Item 15
Item 16
Item 17
Item 18
Item 19
Item 20
Item 21
Motion carried
MOTION by Dehn, Seconded by Kunza, to so move.
(, ~nanimously.
,
APPROVAL OF. MINUTES
March 21, 1995, Regular Meeting: Correct as written.
March 21, 1995, Executive Meeting: Correct as written.
MOTION by Knight, Seconded by Jacobson.----app-roval of both Minutes.
Motion rarric..l ull d ,<-yes, 1 Present (Kunza) vote.
"
/",
'i./.',/
-
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
(" )cSpeci~ll mbuse pe~mhit wkoudld hregulatled thhe c~oised' .sfetbacks, etc.
ouncJ. me er KnJ.g t as e w at wou t e J.ty 0 J. 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
'_ ..ige 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.
Councilmember 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.
Councilmember Dehn noted the presentation by a therapist before the
Planning and Zoning Commission.
Councilmember 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
. 'license; 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. Councilmember 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.
Councilmember 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
dge 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.
Councilmember Dehn questioned the inspection of the home-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
imending 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
~endment 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 AcnON
DATE
April 4, 1995
AGENDA
r-.o.
SECTION
ORIGINATING DEPARTMENT
Planning
APPROVED
FOR AGENDA
Discussion Items
ITEM
r-.o.
Amend Ordinance No.8,
Sections 3.02, 4.30
and 7.03.
David L.
Planning
'--=:D
'"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
I
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, wearing apparel and similar 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 t1me 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.
'\
\,' I 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
ATTEST:
J. E. McKelvey, Mayor
Victor1a Volk, City Clerk
(, I
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER. MINNESOTA 55304. (612) 755-5100
PLANNING AND ZONING COMMISSION MEETING - HARCH 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.
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
Commissioners present:
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.
@
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 came
about because of the nature of cabinet making and wood working as a home
occupation. Mr. Rither reviewed the definition of home occupation and
the types of uses that are appropriate; but he did not think cabinet
making and wood working fit in with that definition because they are
, really manufacturing, taking raw material and turning it into a product
to be sold for a profit. It is in basic conflict with the smaller sized
lots because of the disruptions due to traffic, noise of the equipment,
retail sales, and number of employees. He questioned whether a minimum
of three acres will always be adequate as the City develops to avoid the
conflicts. Such uses are allowed in the commercial areas, and those
areas are where he felt these uses should be directed. If the uses are
Regular Andover Planning and Zoning Commission Meeting
"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 Apelr Seconded by Jovanovich, to close the public hearing.
Motion carried on a 6-Ye's, l-Absent (Squires) vote. 7:22 p.m.
(
Mr. Carlberg explained the cabinet making and wood working uses are
/limited to lots of three acres or more, which virtually eliminates the
R-4 zones. Also, the number of employees is limited to one other person
other than family members, the space inside the accessory building and
outside storage combined is limited to 800 square feet, and the setback
requirements are larger than normal. These controls, plus others
established through the Special Use Permit process such as hours of
operation and noise, have been established to protect and screen the
neighboring residents. It also prevents the business from expanding
beyond a home occupation. The City's policy over the last three years
has been to allow these uses, plus a process is in place should it
become necessary to revoke a Special Use Permit. The Planning
Department has received no complaints on them.
Commissioner Apel felt the basic philosophy has changed to allow cottage
industries, and the City has installed various safeguards to prevent the
problems that occurred in the 1960s. These activities have gotten the
support of the Council over the past few years under the "similar uses"
phrase of the ordinance. This amendment merely clarifies the City's
position that they are allowed by adding that specific language. He
felt the operator in the court case presented by Mr. Rither was not
being a good neighbor and that the City now has a means to shut it down
if that same problem were to occur.
Mr. Rither - asked if these uses are included as home occupations, where
does it stop? Will sheet metal and auto body shops be allowed? Because
\ / the City doesn't get any complaints doesn't mean there aren't problems,
because many people will not want to complain. He did not think it was
fair to subject the residents to being responsible for problems by
having to complain. He felt it would be better to allow them only in
the commercial areas because of the nature of those businesses.
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 Conunission 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 acconunodate 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, 1-Absent
(Squires) vote. This item will be placed on the April 4, 1995, City
Council agenda. 7:42 p.m.
THERAPEUTIC MASSAGE ORDINANCE
berg 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 fu force and effect the insurance
required herein is grounds for revo tion.
Page 4, Section b, 1 d - language has --oeen added to include a
background check from the Bureau of Crimina~._Apprehension prior to
the issuance of the license. ,
2)
\, I
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 ACTION
AGENDA ITEM
3. Public Hearing
Amend Ord. No. 8
Sections 3.02, 4.30
& 7.03.
DATE
ORIGINATING DEPARTMENT
March 14, 1995
APPROVED FOR
AGENDA
Planning
BY:
David L. Carlberg
planning Director
B~
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 mass,ge establishment. The
amendment would also add therapeutic massage establishments to the
definition of retail trade and services.
\" /
Note: Retail trade and services are allowed as a permitted use in
NB, Neighborhood Business, SC, Shopping Center and GB, General
Business Districts, and by Special Use Permit in I, Industrial
Districts.
Section 4.30 Home Occupations
The proposed amendment to Section 4.30 would add cabinet
making/wood working and therapeutic massage as home occupation
uses.
Section 7.03
Special Uses
Said amendment would allow therapeutic massage as a home
occupation in residential districts.
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
~J2/t Fl
'3 'I",_cb-
P J. "2- (\t........... 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
serVlces or goods over a counter. These include: antiques, art
and school supplies, auto accessories, bakeries, barber shop,
beauty parlor, bicycles, books and stationary, candy, cameras and
photographical supplies, carpets and rugs, catering
establishments, china and glassware, Christmas tree sales,
clothes pressing, clothing and costume rental, custom dressmaking,
department stores and junior department stores, drugs, dry goods,
electrical and household appliances, sales and repair, florist,
food, furniture, furrier shops, garden supplies (year-round
operation only), gifts, hardware, hats, hobby shops for retail of
items to be assembled or used away from the premises, household
appliances, hotels and apartment hotels, interior decorating,
jewelry, including repair, laboratories, medical and dental
research and testing, laundry and dry cleaning pick-up, processing
to be done elsewhere, laundromat, leather goods and luggage,
locksmith shops, musical instruments, office supply equipment,
optometrists, paint and wallpaper, phonograph records, photography
studios, service station, restaurant, when no entertainment or
dancing is provided, shoes, sporting goods, tailoring, theater,
except open air drive-in, therapeutic massage establishment,
tobacco, toys, variety stores, wearing apparel and similar type
uses.
,. /
or
the
Page Two
Amend Ordinance No. 8
Planning and zoning Commission
March 14, 1995
J
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 [13] or more children
Dog Kennels in R-l District only
Excavations except when a building permit has been issued
Golf Course
Highway Construction Materials (processing and storage)
Home Occupations, on a parcel of land three (3 a.) acres or
larger, utilizing an accessory structure and/or exterior storage.
i
I -
Marinas
Page Three
Amend Ordinance No. 8
Planning and Zoning Commission
March 14, 1995
/
Public utility uses or structures except when located on a public
right-of-way "
Rest Homes
Riding Stables
Storage buildings for boats, snowmobiles, or similar vehicles in
R-5 only
Therapeutic massage as a home occupation
Two-Family home conversions (R-4 Districts only)
Two-Family homes in R-4 and R-5 Districts only when lot locations
are established and approved on original plat
NOTE: All other sections of the Zoning Ordinance shall remain as
written and adopted by the City Council of the City of Andover.
Adopted by the City Council of the City of Andover this day
of , 1995.
I
CITY OF ANDOVER
J. E. McKelvey, Mayor
ATTEST:
V1ctor1a Volk, City Clerk
l, ,
Regular Andover Planning and Zoning Commission Meeting
Minutes - November 22, 1994
/age 15
/
(Public Hearing: Amend Ordinance 8, Sec 8.01, 8.08 & 8.24, Continued)
does not come back until spring and there is a code violaeion./it cuts
a real burden on people who are retired and leaving the area for-the
~inter. Again, he'd like to see the ordinance redrawn ~aking these
~tems into account; then possibly there would be more coorieration 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 Hoeion 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 appoineed 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 ti:.a":'. is more
workable and feasible than this one. DISCUSSION: The Co~~ission noted
the public hearing will be continued indefinitely and the issue will
come back at some point. Motion carried on a 5-Yes, 2-~~sent (?ease,
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 bet'..,een
massage therapy in a commercial area, the use done within the home as a
home occuoation and the theraoist who works off site going from business
to business. The City of St. Paul distinguished bet'..,een 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 15
)
(Discussion - Therapeutic Massage Ordinance, Continued)
commercial and the home occupacion, chere 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 indi';idual communities are
enacting these types of ordinances. There is no standardized training
in massage, even for what she does as a massage therapist.
Unfortunately, a cosmetologist can take an a-hour course on the weekend
and call himself/herself a massage therapist. She is taking a very in-
j depth 600-hour course. But when the State takes it over, there will be
a minimum standard for training. Until then, it needs to be clearly
stated in the ordinance; and she was very impressed with this draf~
ordinance, that it is really very well prepared. Commissioner Dehn
asked if this ordinance will allow the application of future State
standards. Mr. Carlberg stated the ordinance can be amended to
accommodate those requirements. This ordinance requires the therapist
to have passed the National Certification Examination in Therapeutic
Massage and Bodywork.
Ms. Geist - stated it requires 500 hours of training before taking that
examination. She did note that on Page 5, Section 2a, i~ states within
two years. Because the license is good for four years, she suggested
that the two years be changed to four years. The Commission agreed.
( ,
The Commission discussed several other sections of the ordinance with
Ms. Geist, after which everyone agreed that the provisions are
acceptable as written in the draft. There was a question of insurance
on Page 4, Section 3. Ms. Geist suggested the paragraph be changed to
"Every application for a license shall be accompanied by proof of
liability insurance from a company authorized to do business..." She
also listed the benefits of belonging to a non-profit professional
organization in the field and felt that may be a good requirement to
list.in the ordinance. The Commission did not feel the ordinance should
require membership to an organization, but an applicant may submit a
copy of their insurance through their organization to be approved by the
City Attorney. Mr. Carlberg was asked to check with the City Attorney
on that paragraph as to the appropriate wording to protect the City.
Regular Andover Planning and Zoning Commission Meeting
~inutes - November 22, 1994
,Page 17
(Discussion - Therapeutic Massage Ordinance, Continued)
Commissioner Jovanovich asked about stipulating the minimum age of 18
for applicants versus using age 21. Ms. Geist explained a high school
graduate must meet the education requirements, which means he or she
would probably not be eligible to take the examination until age 19 or
20. Plus a person must be at least 18 years old to take the National
Certification Exam. Mr. Carlberg stated 18 was the standard used in all
the communities. There are also instances when people graduate from
high school at a younger age, plus the legal age of adulthood is 18. The
Commission did not see an issue with age 18.
Ms. Geist asked about Section 7,1, whether it refers to actual laws on
morals. Mr. Carlberg stated the City has a high risk sexual conduct
ordinance; and if someone is found guilty of a law that affects the
public health, safety or morals, it would be grounds for denial of a
license.
Ms. Geist asked what the annual fee would be. Mr. Carlberg was not sure
at this point, but he thought $100 plus a $50 inves~igation fee would be
the annual fee for a therapist. It would be more for a commercial
, operation where a number of therapists would be licensed. Chairperson
,J Squires suggested a provision be added on Page 4, Section b, 1, d,
requiring a criminal background check from SCA to be conducted prior to
licensing. Mr. Carlberg agreed to add a provision for that.
MOTION by Dehn, Seconded by Jovanovich, to direct Staf= to make the
changes discussed tonight for Massage Therapists Ordinance as drafted
and for.,l/ard it onto the Andover City Council with those changes.
DISCUSSION: The Commission also felt that for the home occuoation
portion, the use should be allowed by Special Use Permit. Mr. Carlberg
stated if that is the case, the Zoning Ordinance will have to be amended
to include massage therapists as a special use. He will no~ 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 as-Yes,
2-Absent (Pease, Peek) vote.
,
OTHER BUSINESS
Mr. Carlberg updated the Commission on the City Council's action at the
November 15, 1994, regular meeting.
J MOTION by Dehn, Seconded by Ape1, to adjourn. Motion carried on a 5-
Yes, 2-Absent (Pease, Peek) vo~e. The meeting adjourned at 10:35 p.m.
'f~l
ec rd~ng Secretary
Regular Andover City Council Meeting
Minutes - January 3, 1995
\page 4
I
APPOINT PARK ARD RECREATION COMMISSION MEMBERS AND CHAIR
Tom Anderson, Jeff Kieffer and Al Grabowski reques,ted reappointment.
MOTION by Jacobson, Seconded by Dehn, to
members for another term and name Tom Ande
Motion carried unanimously.
aQ ~nt the Park Commission
n to be the Chair for 1995.
APPOINT COUNCIL REPRESENT7ANOKA COUNTY HRA
Councilmember Knight.in~eated a willingness to servei however, he would
not be able to atten~eetings during the day. Mr. Carlberg stated the
first meeting is ~orrow morning at 8 a.m. in Spring Lake park. He
offered to atten;Ythat 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/January 17 meeting to consider the item again.
/'/
MOTI~y Jacobson, Seconded by Dehn, that the City Council appoint Dave
~~erg to represent the City on the HRA subcommittee. Motion carried
unanimously. '
~
( 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 fireolace
surrounds and cabinetry. The Planning Commission has recommended
aooroval with conditions. Several other similar per:nits have been
approved in the last three to four years. The Commission has also asked
for direction on amending the ordinance to specifically include
woodworking and cabinetry rather than include the use under "other
similar uses".
Robert Paddock - stated he has a purchase agreement on the property
contingent upon the approval of this Permit. The accessory building is
already on the property, and he is aware of the 800-square-foot
requirement. Mr. Carlberg also noted the conditions noted in the
Resolution are ordinance requirements. He believed the 3-acre
requirement is because that is the minimum acreage allowed for pole
buildings. This parcel is about 5 1/2 acres.
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.
the Resolution granting the
R004-95) Motion carried
..".. "':'~
,(0"
".r\.
CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304. (612) 755-5100
PLANNING AND ZONING COMMISSION MEETING - DECEMBER 13, 1994
MINUTES
"
"
The .Re~ular Bi-Monthly Meeting of t~e Andover Planning and Zoning
Comm~ss~on was called to order by Cha~rperson Jay Squires on December
13, 1994, 7:05 p.m. at the Andover City Hall, 1685 Crosstown Boulevard
NW, Andover, Minnesota.
Commissioner absent:
Also present:'
Maynard Apel, Bonnie Dehn, Bev Jovanovich,
Randy Peek, Jerry Putnam
Becky Pease
City Planning Director, David Carlberg
Others
Commissioners present:
APPROVAL OF MINUTES
November 22, 1994: Page 15, Motion by Apel, change vote to "Mo1:ion
carried on a 4-Yes, 1-No (Dehn), 2-llJJsen1: (Pease, Peek) V01:e."
( ,
MOTION by Jovanovich, Seconded by Dehn,
corrected. Motion carried on a 5- Yes,
(Pease) vote.
to approve the M:.nutes as
I-Present (Peek), I-Absent
PUBLIC HEARING: SPECIAL USE PERMIT - HOME OCCUPATION IN AN ACCESSORY
STRUCTURE - 2439 SOUTH COON CREEK DRIVE - ROBERT PADDOCK
7:02 p.m. Mr. Carlberg reviewed the request of Robert Paddock to operate
a home occupation in an accessory S1:ructure at 2439 Sou1:h 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 Ci"-y 's
ordinance. He provided a copy of the Council's concerns with allowing
some home occupations in accessory buildings as discussed a1: the May 17,
1994, regular meeting. The City has approved two or three other Permits
that have been similar in nature having to do with woodworking and
cabinetry. Mr. Carlberg reviewed the applicable ordinances and criteria
to be examined. If the Commission chooses to recommend approval, he
suggested 12 conditions be added to the Permit.
( ,
"
Commissioner Peek questioned the limitations on the size of accessory
s"-ructures in an R-4 zone. Mr. Carlberg stated even though this is an
R-4 zone, it is outside the MUSA where total coverage of all structures
is considered. That is not exceeded in this case. He then reviewed
several Special Use Permits that have been granted in the last two to
three years that have been similar in nature. No complaints have been
received on any of those activities. They are all on large lots and the
applicants had talked to the neighbors prior to 1:he activi1:Y. 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 abou~ once
every three months. He does not do retail work, even discouraging it,
o~her than by word of mouth. All orders are taken by fax and billed by
mail.
In =esponse to questions by the Commissioners, Mr. Paddock stated he had
('._ hoped to use the entire accessory structure for the business; but he now
/ realizes he can only use 800 square feet of it. The building is already
partitioned off. It is a s~ick frame garage which he will need ~o
insulate, heat and make some modifications. He is planning to purchase
the proper~y contingen~ upon approval of this Permit. There would be no
outside storage. The only vehicle is a half-ton pickup which is his
personal vehicle used for deliveries. The buildings on the lot are 300
'feet off the street and are quite secluded with a lot of vegetation all
around. He did not see a problem with scrap material. Wha~ is not
burned for heat is disposed in the regular dumps~er. ne 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 star~
at 10 a.m. It is unusual to work in the evenings; and if he does, it is
not beyond 10 p.m. He asked if the hours of ope=ation must be
stipulated.
(
Commissioner Aoel 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 dicta~ing hours of opera~ion 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 regulati:J.g noise f=om 10 p.m. to 7 a.m. The City is not
required to stipula~e hours of operation. In looking at o~her similar
reques~s, ~he only difference is the zoning designa~ion. This is R-4,
though it is large acreage.
MOTION by Dehn, Seconded by Jovanovich, to close the public hearing.
Motion carried on a 6-Yes, l-Absen~ (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, 2439 South Coon
Creek Drive, Continued)
Commissioners Peek, Apel and Dehn pointed out the request is consistent
with the interpretation of the ordinance in the past when similar uses
were granted. They also felt that the conditions proposed would cover
any of the problems that may arise. Commissioner Jovanovich had a
concern with these types of businesses located in a residential area.
She noted Brooklyn Center has an industrial area where small businesses
can rent space. Andover does not have such an area where small
businesses can go. Commissioner Apel argued in this case the applicant
wants to be close to his family because of health problems. Forcing
them to rent space in an industrial area overlooks the major reason why
people want home occupations. He also noted that concept has been tried
in other places and were unsuccessful. People want home 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 successf~l, and
such an industrial area also adds to the tax base. Commissioner Peek
stated the Ci~y has a relatively liberal home occupacion ordinance in
thac it is willing to allow the residential area as an inc~bator for
(. , small businesses. Mr. Carlberg noted once the business exceeds the
. requiremen~s of a home occupation, then it would be appropriate to move
into a commercial area.
Chairperson Squires was concerned with the language in the ordinance. It
appears the woodworking and carpentry uses are conducive to the larger
lot areas, and they have been allowed. He thought the Commission should
suggest to the Council that a provision be included in the ordinance
allowing things like this in large-lot areas, perhaps irrespective of
zoning. He isn't necessarily opposed to -=.he application; but it is
another situation where the "repair" category doesn't fi-=.. The
Commission generally agreed but noted that direction should come from
the elec~ed officials. In discussing the issue fur~her, Mr. Carlberg
stated he receives few comolaints on home occuoations -=.ha~ have received
Special Use Permits. He agreed an amendment Is needed to the ordinance
to allow the carpentry and cabinetry work to a degree.
Commissioner Dehn asked if it would be aoorooriate to add a orovision to
allow crafts and other cottage industries~ as" home occupations as well as
carpentry. The Commission felt that would be too broad. Care mus~ be
taken not to open it up to uses that the City does not want.
,
,. /
MOTION by Peek, Seconded by Apel, that the Planning and Zoning
Commission fo~~ard to the Andover Ci~y Council the recommendation for
approval of the Special Use Permi~ requested by Rober-=. ?acdock co
operate a home occupation, which is to build fireplace surrounds and
miscellaneous cabinetry, to be conduc-=.ed in an existing accessory
structure located at 2439 South Coon Creek Drive, legally described as
The East 496.5 feet as measured along the South line thereof, of the
Southeast Quarter of the Northeast Quarter of Section 28, Township 32,
Range 24, lying South of the centerline of County Ditch No. 57, also
(
Regular Planning and Zoning Commission Meeting
Minutes - December 13, 1994
,\page 4
(Public Hearing: Special Use Pe~~i=, Ho~e Occupation, 2439 South Coon
Creek Drive, Continued) " "
known as Coon Creek, Anoka County, Minnesota. The Commission finds that
the request meets the intent of the criteria established in Ordinance
No.8, Section 4.30 and 5.03. The Commission also finds that the use is
permitted by special use under Ordinance No.8, Section 7.03"
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,
1-Absent (Pease) vote.
..-
MOTION by Peek, Seconded by Jovanovich, that the Planning Commission
forward a request to the City Council for consideration of Ordinance 8,
Section 4.30, Home Occupations, to receive direction since we have had
three similar applications for this type of use within the last 18
months, that it should be studied to review the ordinance to
accommodate. MOtion carried on a 6-Yes, l-.~sent (Pease) vote. 7:38
p.m. Mr. Carlberg noted this will be placed on the January 3, 1995,
City Council agenda.
.r , /
OTHER BUSINESS
Mr. Carlberg updated the Commission on the actions taken by the City
Council on Planning Commission items at its December 6, 1994, meeting.
Mr. Carlberg noted the terms of Chairperson Squires and Commissioner
Apel expire on December 31, and they have reapplied for their positions.
The Council chose not to accoint new Commissioners to allow the ne'....
Council to do so. In addI~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 January, that
He will contact the
Commissioner Jovanovich had pictures of a housing development built
among high power lines in Tacoma, Washington. People have been
experiencing problems with garage doors opening and closing, lights
going on and off, etc., as a result of the power lines being 40 feet
from houses and garages. The City has since changed their ordinance
Commissioner Dehn stated she has received calls complaining about
snowmobiles. Mr. Carlberg stated the Council has requested the
Commission revie..... the ordinance again. The biggest issue is in the
urban area. A public hearing is scheduled for January 10 to receive
public testimony on the ordinance. The Commission asked that the
hearing be well publicized and that the snowmobile clubs be contacted.
,
I
~
( ;
Ordinance No.8, Section
(H) All other exterior storage shall be limited to items
offered for sale provided they are within yard requirements
and are located in containers such as tire racks, metal
trays, and similar structures designed to display
merchandise.
"
(I) The entire site other than that taken up by a structure
or planting shall be surfaced with asphalt, concrete, or
other material approved by the governing body.
(J) All structures and grounds shall be maintained in a
neat, orderly, clean, and safe manner.
(K) Pump islands are subject to yard requirements.
4.30 Home Gccupations
(A) Intent:
Planning principles protect the public interest in part by
avoiding land use conflicts. One such conflict involves
differences between commercial activities and residential
activities. This confrontation has commonly been resolved by
relegating commercial activities to commercial zoning districts.
However, some limited commercial activities have been allowed in
residential areas, and have had no negative impact.
The purposes of this section are to:
1) allow such limited passive commercial uses as would not
detract from the character and integrity of residential
neighborhoods;
2) identify conditions under which such uses may be
permitted, and
3) continue to require all other commercial uses to be
located only in commercial zoning districts.
(B) General Provisions
Home occupation uses may include office uses, repair services,
photo or art studio, dressmaking, or teaching limited to three
(3) students at anyone time and similar uses. Such home
occupations are subject to the following conditions:
1. The number of employees shall be limited to one (1)
person on site in addition to family members.
2. The area within the principle structure used by the home
occupation shall not exceed twenty (20%) percenc of the
dwelling's livable floor area. Basements may be
included if they meet all Uniform Building Code
requirements far ingress and egress.
3. On-site sales shall be prohibited, except those clearly
incidental to services provided in the dwelling.
4. Any interior or exterior alterations of a dwelling for a
home occupation shall be prohibited, except those
customarily found in a dwelling.
Page 34
Ordinance No.8, Section
5. Vehicles associated with a home occupation shall be
limited to one (1) vehicle on the premises and as set
out in Section 8.08.
6. Unusual parking and traffic patterns shall not be
created, which are not normally found in the
neighborhood, and in no case, shall the need for more
than three (3) additional vehicles be created on the
property.
7. Signs shall be regulated as set out in Section 8.07.
8. A Special Use Permit shall be required for any home
occupation that is located in an accessory structure
and/or that requires exterior storage. These home
~ccupations shall be subject to the following
conditions:
a. The size of the lot shall be three (3 a.) acres or
larger.
b. The specific location and size of an accessory
structure and/or outside storage area shall be as
allowed by the City.
c. The combined square footage of the 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.
\ I
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:
1.
The City may at any time inspect the Home Occupation to
determine if the applicant is strictly adhering to the
special Use Permit and the conditions thereof. If it is
found that the permit and the conditions of the permit
are not being adhered to, the applicant shall be
notified in writing by the city and given ten (10) days
to come into strict compliance. If compliance is not
achieved after that ten (10) day period, the City
Council shall hold a public hearing to consider the
matter and may revoke the Special Use Permit.
~
, I
D. Vested Rights:
No Home Occupation allowed by Special Use Permit shall confer
upon any person or to the benefit of any property any vested
right to that use, rather the use shall remain subject to all
conditions of the permit as established by the City. The
City may find it necessary from time to time to review the
conditions of the permit as they relate to the protection of
the general welfare of the community. (8B, 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
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
The Planning and Zoning Commission of the City of Andover will
hold a public hearing at 7:00 p.m., or as soon thereafter as can
be heard, on Tuesday, March 14, 1995 at the Andover City Hall,
1685 Crosstown, Blvd. NW, Andover, MN to discuss and possibly amend
the following Sections of Ordinance No.8, the Zoning Ordinance.
Section 3.02 Definitions
Said amendment would provide for a definition of therapuetic
massage.
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.
~u
Victoria Volk, City
Clerk
Publication dates:
March 3, 1995
March 10, 1995
"
June 13, 1995
. /
City of Andover
Mayor and City Council
Mr. Mayor and Members of the Council:
I am writing in response to the agenda item to amend the ordnance on home business
for Massage and Cabinet Making.
I am very concerned that the City of Andover is considering allowing Therapeutic
Massage as a home business, Because of the potential for abuse I would like to see
this type of business restricted to a commercial setting. Coon Rapids licenses
Therapeutic Massage only in commercial business areas. The city staff in Coon Rapids
told me the city has at least two licensed, and they are run in conjunction with beauty
shops and tanning salons.
I am also concerned with the increase in the number and type of home businesses that
/ the City of Andover is allowing. It is my feeling that running a commercial type business,
i.e" small engine repair (lawn mowers, etc,), cabinet making, etc. deprives the city of
additional commercial tax dollars, As a tax payer, I resent having to perhaps pay
additional taxes because the city is not collecting all the revenue it is entitled to because
of the number of businesses located in residential homes and not in commercial areas,
It is also unfair competition for other small business owners who have paid the additional
expense to locate in a business area.
Home businesses, no matters how small, disrupt the residential setting of the
neighborhoods they are located in. They bring in additional traffic, and noise that would
not be in the neighborhood if the business were not located in a private home.
I believe that Andover should limit the type of home occupations it allows and maintain
residential areas as residential and not as quasi residential/commercial areas. I urge
you Mr. Mayor, and Council members to be more selective and restrictive in the types of
businesses that you allow as home occupations,
Sincerely,
e~~tj. J~~
Carolyn J. Fischer
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE June 20, 1995
AGENDA
r-o
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion
Planning~
David L. Carlberg
Planning Director
~t:J
ITEM
r-o
Ordinance No. 109
An Ordinance Regulating
Therapeutic Massage
q.
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.
,/ 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.
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.
\
I
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.
Therapeutic Massage - The practice of applying pressure on, or
friction against, or the rubbing, stroking, kneading, tapping, or
rolling of the external parts of the human body with the hands or
with the aid of a mechanical or electrical apparatus appliance, or
device with or without such supplementary aids as rubbing
I (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream,
lotion, ointment, or other similar preparation, for the exclusive
purpose of tension, stress, and pain relief, relaxation, increased
range of motion, muscle tone improvement, physical fitness, or
beautification and for no other purpose, by a person not licensed
as a medical doctor, chiropractor, osteopath, podiatrist, nurse,
or physical therapist, or an assistant who works solely under the
direction of any of the above-described professionals, or
beautician and barber who confine their treatments to the scalp,
face, and neck.
Therapeutic Massaae Establishment - An establishment in the
business of provi ing therapeutic massage services to the public.
SECTION 4. LICENSING REQUIREMENTS.
a. Thera!eutic Massage Establishment License. It shall be
unlawful or any person to d~rectly or indirectly, 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
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b. Thera eutic Massa e Thera ist License. It shall be unlawful
or any ln lVl ua to practlce, a mlnister, 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:
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 accompanled by a non-returnable investigation
fee in the amount set forth by Council resolution. Each
application shall contain:
a. The names, addresses, and dates of birth of the
owners, lesees, operators, massage therapists of the
proposed therapeutic massage establishment;
b. A legal description and location of the premises;
c. Information as to the conviction of any crime or
offense committed by anyone listed on the application;
d. All applications by corporations shall include the
names, addresses, and dates of birth of all persons
having a beneficial interest therein;
\
e. A description of services to be provided;
f. Such other information as the City Council may
require.
Page 3
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Prior to consideration of the application by the City
Council, an investigation shall be made by the Code
Enforcement Officer and the Building Official to
determine compliance with this Ordinance of all premises
proposed to be licensed and by the Anoka County Sheriff's
Department of all persons listed on the license
application.
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 publi~ 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
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The license application shall thereafter be reviewed
by the City Clerk, Anoka County Sheriff's
Department, and such other departments as shall be
deemed necessary. Such departments will thereafter
submit their reports and recommendations to the City
Clerk who will submit all of the reports and
recommendations to the City Council. The Council
shall either grant or deny the license.
2. Educational Requirements. Each applicant for a
therapeutic massage theraplst 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:
1. Display current licenses in a prominent place at the place of
employment.
j
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 sa&e
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.
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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 ~ts 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
/
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Page 8
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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -95
A RESOLUTION ESTABLISHING FEES FOR THE LICENSING OF
THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS.
The City Council of the City of Andover hereby ordains:
The following therapeutic massage licensing fees are hereby
established:
Therapeutic Massage Establishment
Single Application Fee - $200.00
corporate Application Fee - $300.00
Partnership Application Fee - $300.00
Renewal Fee for all the above - $150.00
,
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Note: The above fees include the investigation fee.
Massage Therapist
Annual License Fee - $150.00
Note: The investigation fee is included.
Adopted by the City Council of the city of Andover on this 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
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(Public Hearing: Amend Ordinance 8, airyfing Front 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 e 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
J 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 th~ 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.
/ DI ION
ENCLOSURE
Mr. Carlberg reviewed
regarding the placement
amendment to Ordinance No. 53
enclosures and the setback
(
CITY OF ANDOVER
REQUEST F,OR PLANNING COMMISSION AcnON
May 23, 1995
AGENDA ITEM
7. Discussion
Ordinance Regulating
~Therapeutic Massage
DATE
ORIGINATING DEPARTMENT
Planning
David L. Carlberg
Planning Director
BY:
APPROVED FOR
AGENDA
By:e-
..
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.
( ,
(
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Regular Andover City Council Meeting
~inutes - April 4, 1995
"ge 2
J
(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 $2,60~iOOO)
Approve 1995 Equipment Certificate (See Resolution
R048-95)
Approve Refunding of 1~85B G.O. Improvement
Bonds/Request for B~ (See Resolution R049-95 for sale
of $825,000 GO Imp~vement Refunding Bonds)
Release Escrow/Cyown pointe East/IP94-22
Approve Abate~nt/Delinquent Utility/PIN 29 32 24 31
0109, 14339 xenia Street NW
/'
Mayor McKelvey asked for/a motion to approve the Consent Agenda.
/
/
MOTION by Dehn, Seconded by Kunza, to so move.
unanimously.
,
Item 15
Item 16
Item 17
Item 18
Item 19
Item 20
Item 21
Motion
carried
(
, /
March 2 , 1995, Regular Meeting: Correct as written.
March 1, 1995, Executive Meeting: Correct as written.
by Knight, Seconded by Jacobson, approval of both Minutes.
on-a ."4_Yes,--1-pf"eserit-(I{unza). vote.
(fi/ 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
'1inutes - 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~ounCilmember Jacobson was not in favor of allowing massage businesses
I. 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.
. Councilmember Dehn noted the presentation by a therapist before the
Planning and Zoning Commission.
Councilmember 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
( '?,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. Councilmember 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.
Councilmember 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.
Car a Geist. 13464 Jonquil Street - was not aware of the prov~s~on 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
\
Ige 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.
Councilmember Dehn questioned the inspection of the home-based site.
Mr. Johnson stated generally they are not inspected unless there is a
complaint. Councilmember Dehn felt it would be in the City' 5 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
Counci1members 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 Aoril 4. 1995
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
f'O Discussion FOR AGENDA
ITEM Planning ~
f'O 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:
;'
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:
l
(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.
l,
(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.
I
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 llcense 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.
Therapeutic Massage - The practice of applying pressure on, or
friction 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 <lLh~r to the
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
j 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 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 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
\
I
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:
1. Display current licenses in a prominent place at the place of
employment.
2. Not allow the licensed prem~ses to be open for business or
allow patrons to be on the prem1ses between the hours of 11:00
p.m. and 7:00 a.m. of the same day.
3. Require that a person who is receiving a massage shall have
their genital areas covered with an appropriate opaque covering.
In addition to the above rules, regulations and restrictions, the
City Clerk may upon notice and hearing promulgate such rules as he
or she deems necessary to carry out the provisions and purposes of
this Ordinance to protect the public health, to provide for safe
and sanitary operation of licensed therapeutic massage
establishments, to provide for the safety of therapeutic massage
and related massage equipment and for the proper training of
persons employed in the operation of such massage establishments.
Notice of the promulgation of such rules and the hearing date
shall be given to all licensees, and notice of the hearing date
/ published once in the legal newspaper. The notice shall advise
that at the hearing written or oral comments on proposed rules
will be received, and how a copy of the proposed rules can be
obtained. Such rules shall be effective after such hearing when
filed in the office of the City Clerk. Violation of such rules
Page 6
shall be sufficient grounds for adverse action against licenses
issued under this Ordinance.
SECTION 9. MANAGER OR AGENT.
Before a license is issued under this Ordinance the applicant
shall designate in writing a natural person who is to be manager
and in responsible charge of the business and upon whom services
of process may be made. Such person shall remain responsible for
the conduct of the business until another suitable person has been
designated in writing by the licensee. The licensee shall
promptly notify the City and Anoka county Sheriffs Department in
writing of any change indicating the name, address and date of
birth of the new manager and the effective date of such change.
SECTION 10. SUBMISSION OF PLANS AND SPECIFICATIONS.
All persons who hereafter construct, extensively remodel, or
convert buildings or facilities for use as therapeutic massage
establishments which are open to the public, shall comply with the
requirements of the State Building Code and all amended codes. To
the extent the Building Code or Fire Code do not impose more
restrictive requirements, the provisions of this Ordinance shall
govern.
SECTION 11. CONSTRUCTION AND MAINTENANCE REQUIREMENTS.
1. Floors, walls, and equipment in massage rooms, restrooms,
bathrooms, janitor's closet, hallways, and reception area used in
conjunction therewith must be kept in a state of good repair and
clean at all times. Linens and other materials shall be stored at
least 12 inches off the floor. Clean towels and wash cloths must
be available for each customer.
2. If massage is performed in individual rooms, the doors to the
individual massage rooms shall not be equipped with locking
devices and shall not be blocked or obstructed from either side.
SECTION 12. VIOLATIONS AND PENALTIES.
. Every person who commits or attempts to commit, conspires to
commit, or aids or abets in the commission of any act constituting
a violation of this Ordinance, whether individually or in
connection with one or more persons or as principal or agent or
accessory, shall be guilty of a misdemeanor, and every person who
falsely, fraudulently, forcibly, or willfully, induces causes,
coerces, requires, permits, or directs another to violate any of
the provisions of this Ordinance is likewise guilty of a
misdemeanor. Each violation of this Ordinance shall constitute a
separate offense. Conviction of a violation of this Ordinance
shall be grounds for suspension or revocation of any license
issued hereunder.
j
Page 7
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 lts passage and publication according to
law.
Adopted this 4th day of
of the City o~dover.
April
, 1995, by the City Council
CITY OF ANDOVER
J. E. McKelvey, Mayor
ATTEST:
Victoria Volk, city Clerk
\
,
/
Page 8
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
June 20, 1995
DATE
AGENDA
r-n
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Discussion Item
Todd Haas, _~
Engineering ~.
BY:
ITEM
r-n
155th Lane/Lakeridge/95-8
Discussion
ItJ .
\
)
The City Council is requested to discuss a problem that mayor may not
exist on 155th Lane NW west of Silverod street NW, project 95-8, as
requested by Pat A'hern.
The right-of-way and subgrade for 155th Lane NW does exist but was
never paved. We believe the property owner is concerned with who is
responsible for having this paved now and/or in the future. We
believe the removing of trees is also an issue. The street is
currently not being maintained by Public Works.
options
1. Order Public Works to remove the existing trees from the street
and boulevard and haul the necessary Class V to stabilize the
subgrade. This would solve the problem of access to the site.
The street could be paved in the future when Lakeridge streets
have failed and will need to be reconstructed.
2. Require Mr. A'herns to remove trees and haul in Class V to
stabilize the subgrade.
3. Do nothing.
staff recommends option 1.
Note: If you recall in May 1992, this same situation came before you
on 156th Avenue NW east of Quay street NW in the same Lakeridge
development, which was that the developer did not construct a
bituminous pavement nor did the City keep an escrow for the
construction because the City had agreed to accept the streets
as they were and the escrows were released.
)
MOTION BY:
SECOND BY:
qS--g
,
/
RECEIV'f,D
MAR 1 3 1995
CITY VI"' r\i~L.JUVER
Mr. Todd Haas
City of Andover
1685 Crosstown Blvd
Andover, Minnesota
55304
3-) b - q ~
Dear Todd.
j
I am sell ing 10 acres ot mv property at 3620 157th. This
property is accessed by a road tor Lake Ridge which is 155th.
This road was put in to give access to the property when Lake Ridge
was developed by Larrv Carlson. I need to know the City's position
on the status of the road. I beleive it to be a public dedicated
and maintained road but in my conversations with David Carlberg it
appears that the city has some work to do or needs to blacktop the
property to be consistent with current procedures. Please provide
me with the status of the road on whether the city consider 155th
off of Silyerod to be publicly dedicated and maintained. Thank you
MV current address is 3620 157th,Andover,Mn,55304.
t?~~
Pat A'Hern
\'f
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
ITEM
I'D.
Richard Fursman
City Administrator
APPROVED
FOR \j;t
BY:
AGENDA
I'D.
SECTION
Discussion Items
ORIGINATING DEPARTMENT
Externa1itiesl
change Facilitators
/1
The Planning Commission and City Council meet together to
initiate a dialogue on "Externalities." The meeting produced the
understanding that the Council had to identify what Andover "is"
or "should be."
,
,
)
It was suggested that a vision or mission statement with
accompanying goals and objectives be thought out by the City
Council, before growth issues could be clearly defined. To this
end I have invited representatives from Change Facilitators to
present their special skills to the Council for consideration.
The idea of establishing a vision statement would be consistent
with the initial stages of re-doing the comprehensive plan.
\
/
MOTION BY:
SECOND BY:
,J
C)
C)
L7 Change Facilitators LlC
Public Management Consultants
aECEIVED
/:
, J UN 1 2 1995
CITY OF ANDO
VER
June 12, 1995
Rich Fursman, City Administrator
City of Andover
1685 NW Crosstown Boulevard
Andover, MN 55304
Dear Rich:
Thank you for the opportunity to submit the attached proposal to facilitate a
Visioning Work Session for the Andover City Council. When we met with you on
June 1st, we agreed this is as an opportune time for the City of Andover to initiate
this vital planning process. As former city officials, we know first-hand how
important it is for a city to control its destiny rather than to allow future events to
do so.
Visioning is a means for the City Council to identify trends, available local resources
and priorities, as well as communicate future direction of the City to the Andover
community. Our process is designed to help Councilmembers develop leadership
skills. It is also a valuable team development resource.
We welcome any questions or concerns you may have regarding this proposal.
Please feel free to call us at any time.
Sincerely,
Change Facilitators
~~
Greg Withers
~
Lucille Crow
4124 Quebec Avenue North
Minneapolis, Minnesota 55427-1241
612.536-8812
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Vision and Goal Setting Workshop
for the
City of ANDOVER
Change Facilitators proposes to assist the City Council of Andover in defining
direction and establishing a vision for the developed community. The proposal is
designed to facilitate community input and involvement in the City planning
process.
We will assist community leaders to focus on the future, set priorities and
strengthen their leadership and purpose. The process will provide direction and
clarity to both the elected officials and staff. The document will become a powerful
tool for communicating and sharing values with the citizens of Andover.
Approach and Activities:
There are three major themes that run through the approach in this proposal:
. A vision is the foundation for determining goals and the implementation
plan for new activities.
. The participation of a broad cross section of community is a powerful
resource in the primary stage of information collection. It provides a broad
base of input to the City Council in establishing priorities and direction. It
also serves to enhance the credibility of the final product within the
community.
. Three separate sessions will be scheduled: the first, a City Council and
Administrator work session to build team skills and to prepare City
Councilmembers to be group leaders (second session) to gather input of the
community; the third session will be a follow-up meeting to review goals,
identify problem solving strategies and answer questions.
Change Facilitators will meet with City Administrator Fursman to gain a historic
perspective and tabulate issues relevant to the process. Assistance and support to
the City staff will be provided in the planning of the scheduled events.
Change Facilitators LLC
ANDOVER Visioning Work-Sessions
June 1995
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Page 1
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We will facilitate a half day community Visioning Work Session This event will be
designed to assure a broad base of input from the Andover community. It will be
structured to place the Mayor and City Council members in leadership roles.
The findings of the Visioning Work-Session will be submitted to the City as a draft
Vision description, Mission Statement and Goals to be amended and/ or approved
by the Council. These approved items will then be used to direct the City's other
planning efforts as well as those of the larger community.
Qualifications:
Change Facilitators LLC brings experience to assist in the planning and direction of
city government. We have the knowledge and skills to support and expedite a
formatted, well planned and thorough Visioning process for the City of Andover.
The strength of Change Facilitators LLC is in the partners' backgrounds as elected
and appointed pubic officials, and how they merge experiences to identify issues and
establish problem solving strategies. Lucille Crow has been an elected official for
sixteen years, most recently as a mayor. She has experience in area and county
government, and has business implementation experience. She is a veteran
organizer of publicI private partnerships.
Greg Withers has over twenty years in city administration, as a manager,
.' \ administrator and assistant administrator. He is experienced in planning and
, j economic development activities and a wide variety of government operations. He
has experience in private sector management and administration. He has a B.A.
degree in Political Science, and a M.A. degree in Urban and Regional Affairs.
Fees:
Professional services will be $2000 for the three sessions. Additional work sessions
may be desired by the City Council and can be requested at the rate of $200 each. No
expenses will be charged. Any costs for the site or expenses included in the session
will be the City's responsibility.
Change Facilitators LLC
~
,
Greg Withers
Lucille Crow
ANDOVER Visioning Work.Sessions
June 1995
Change Facilitators LLC
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Page 2
AGENDA
t-O
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
June 20, 1995
SECTION
Discussion/Consent Items
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
scott. Eric~son'~L
Englneerlng
ITEM
t-O
Consider Hiring Construction
Inspector
BY:
/..J
The City Council is requested to consider and approve hiring a
full time construction inspector for the City.
The City of Andover currently contracts with Engineering
Consulting Firms (TKDA and BRA) for construction inspection
services for our Urban and State Aid Construction projects. The
City construction inspector would provide inspection services for
these projects with additional support provided by the consulting
firms depending upon the number of projects occurring
concurrently. This individual would also provide inspection
services for our rural development projects and utility projects
as they occur. In addition, time would be spent on updating the
City's utility books, assisting in setting up a pavement
management system and assisting on other projects identified by
the City Engineer.
This position would be funded by billing the inspection services
to the development projects. The individuals time would be
billed out at a factor of 2.75 to 2.95 times their hourly rate.
Similar to the rates applied by the consulting firms. It is
estimated the individual would need to be billed out for
approximately 21 weeks to fund the position for the entire year.
Attached is the job description for the position of Construction
Inspector.
'--
...
/
MOTION BY:
SECOND BY:
/
position:
Construction Inspector
Supervisor:
City Engineer
Description:
To ensure capital improvement projects and
development projects are constructed and
installed according to plans and specifications.
1. Inspects street, sanitary sewer, storm sewer, watermain and other
special improvements projects by checking all construction to ensure
compliance with plans and specifications, maintaining records of
quantities of supplies used, and completing change work orders for
approval.
2. Estimates costs of street, sewer and water improvements and develops
preliminary and final estimates, uses cost information and preliminary
and final plans to draft preliminary and final reports regarding
improvement projects.
Estimates monthly payments due contractors and maintains a continual
listing of funds paid.
3.
4 .
I
5.
6 .
7 .
8 .
9.
10.
prepares applications for State Aid reimbursements relating to
Minnesota State Aid street improvement projects.
Performs survey work when required.
Updates zoning, street utilities and Engineering related maps and
specifications as changes are made.
Obtains and compiles technical data such as traffic count information.
Performs drafting work.
Provides information to the public and City departments regarding
locations of streets, sewer, water and utility services.
Works with the contractor and homeowner in resolving problems
resulting from improvement projects by surveying, checking work,
writing letters and talking with the involved parties.
11. Researches and drafts preliminary engineering reports and prepares
final reports under guidance of the City Engineer.
12. Assists in annual street audit for street inventory date for the
street maintenance system.
13. Performs other duties as required.
CITY OF ANDOVER
REQUEST FOR COUNCIL AcrION
June 20, 1995
DATE
ITEM
t\O.
scott. EriC~Son,J\~
Eng1neer1ng W ~
APPROVED
FOR AGENDA
AGENDA
t\O.
SECTION
-Discussion/Consent Items
ORIGINATING DEPARTMENT
"No Parking" Issue/Eidelweiss
& 139th
BY:
/.3,
The City Council has been requested to discuss the existing no
parking signs posted in the Cul-de-sac located near the Crooked
Lake School softball fields. If the Council would like further
discussion on this issue it is recommended to table the item
untill the next regularly scheduled Council meeting and direct
staff to notify the residents in the area of the meeting.
'\
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On May 17, 1994, the City Council passed Resolution No. 096-94
designating no parking on both sides of Eidelweiss Street from
139th Avenue to the north property line of the Crooked Lake
School (See Attached Map). Attached is the past correspondence
and petition regarding this item.
On June 6, 1995 a neighborhood meeting was held at the Andover
City Hall to discuss this issue. Representatives from the
Neighborhood and the athletic association were present to discuss
the issues. Upon conclusion of the meeting, the representatives
were going to meet with a mediator provided by the County to
attempt to resolve their differences.
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MOTION BY:
SECOND BY:
June 9, 1995
/
To:
Andover City Council
"
From:
Mike Foschi
13558 Orchid Circle
Andover MN, 55304
RECEIVED
JUN 1 0 1995
CITY Ur AI\jU\JVER
RE: Subject for agenda - June 20, 1995 Council Meeting
Dear City Council Members;
At the last City Council meeting there was some discussion during the open forum about the no
parking signs posted in a cul-de-sac by the Crooked Lake school softball fields, I would like this
issue addressed at the next council meeting,
Specifically, I would like "Removing the no parking signs posted in the cul-de-sac by
the Crooked Lake School- northeast ballfield" place on the agenda,
If there are any questions feel free to call my wife Claudia or myself at 422 - 4006.
/1 '
''/;/ -,
//!i/ /i.,"/---;:,", "II I ~~i'
////' /,/,'1", ~~-~
,/ (..... L ",,'-
Sincerely,
Mike Foschi
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 096-94
"
A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES OF EIDELWEISS
STREET NW FROM l39TH AVENUE SOUTH TO THE NORTH PROPERTY LINE OF
OF CROOKED LAKE ELEMENTARY SCHOOL.
WHEREAS, the city Council is cognizant of the public nuisance,
traffic hazard, congestion; and
WHEREAS, the Council believes restricting the parking in
the area will be a solution to the problem.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Andover that Eidelweiss street NW from l39th Avenue
south to the north property line of Crooked Lake Elementary
School be designated no parking.
Adopted by the City Council of the City of Andover this
day of May , 19-2i.
17th
CITY OF ANDOVER
ATTEST:
J
tU~Jrd
victoria Volk - City Clerk
j
Regular Andover City Council Meeting
Minutes - May 17, 1994
,page 5
/
(Pheasant Glen Discussion/Hokanson Development, continued)
work done on the plans and specifications of the proposed plat. It is
further recommended that if the property is plated within a period of .'
time, say five years, some of that could be returned based on the
benefit the new developer could receive from completed engineering. In
addition, the development contract for pheasant Meadows should not be
released, otherwise the City would have to carry the assessments for the
storm sewer assessment. Attorney Hawkins agreed the City can legally
hold Mr. Hokanson to the development contract.
MOTION by Perry,
recommendations.
Seconded by Dalien, that
Motion carried unanimously.
we
accept
the
Staff
A
-NO PARKING- SIGNS/CUL-DE-SAC/WOODLAND CREEK 3RD
Mr. Fursman explained the parking problem on Eidelweiss in Woodland
Creek 3rd which is located at the rear of the Crooked Lake Elementary
ball fields. People coming to see the games are using the cul-de-sac as
a parking lot, much to the distress of the residents who live on that
cul-de-sac.
Jodv Tvson, 2922 139th Avenue - noted the vandalism caused by these
spectators, pulling out the cable TV and US West lines three times,
j
destruction of property during games, etc. She read a letter from a
group of residents in that area requesting "Resident Only" parking signs
in the cul-de-sac. Right now it becomes a parking lot Monday through
Thursday, with 20 to 30 extra vehicles traveling and parking there
rather than in the lot at Crooked Lake School. It is also a safety
issue, because they park in front of the fire hydrant, sometimes three
to four cars deep. Some of the coaches and parents have been contacted,
and traffic has subsided somewhat in the last week. But some people
were angry with their request and further vandalism has occurred at her
home. Two more lots have been purchased across the street, which will
add two more driveways on that cul-de-sac. Eight of the ten coaches
have. told them if there are "No Parking" signs, they would comply.
The Council felt they would have to install "No parking" signs, and then
not even residents would be able to park on the street.
Ms. Tvson - understood and agreed.
MOTION by Jacobson, Seconded by Knight, the Resolution, with the change
in the NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover that Eidelweiss Street NW from 139th Avenue south to the north
property line of Crooked Lake Elementary School be designated no
parking. (See Resolution R096-94) DISCUSSION: Council asked that the
Sheriff's Department be asked to monitor the situation and enforce the
parking ban. Motion carried unanimously.
, I
The council recessed at this time to hold an EDA meeting and a closed
meeting with the City Attorney, 8:58; reconvened at 10:21 p.m.
...
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE Mav 17, 1994
Dick Fursman,
Administration
APPROVED
FOR AGENDA
AGENDA SECTION
NJ. Discussion Item
ORIGINATING DEPARTMENT
ITEM
f\O.
"No parking" Signs/Cu1-de-sac/
Woodland Creek 3rd
~
1.
The ballfields in back of woodland Creek Elementary have been
attracting parking in a cul-de-sac at the rear end of the
ballfields. People coming to see the games are using a cul-de-
sac as a parking lot much to the distress of the resident who
lives at the end of the cul-de-sac. Individuals are also parking
two and three deep next to a fire hydrant.
When individuals park at the site they proceed over private
property and cause damage. The individual property owner has
/ contacted the police several times and has had little, if any,
response. The property owner is requesting that the City post
"resident parking only" signs in the cul-de-sac area. The
resident has indicated they will be available for the meeting.
MOTION BY:
SECOND BY:
/
TO:
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".ayo:, ..ic;:el vey and ,~,nciover City Counc il deDbers,
"..ie i:~1e r'esiQcnts of '.Joodland Creek 3ri Addition, res;:>ectfully reques'C
~h8t -::. ";\:~SIo..;::-:I'IT Qi~L,{ ?A11XINGII sign oe placeLi in the cul-de-sac of 13'9th
~..~/e. i:.:;. anu .:::i....:.el...;eiss 3t. ii. ,-,i.
~e S~~ ex~re8ely c~ncerneQ aoou~ the brea~ a~ount of excess -craffic in
our nei~hoorhood, as well as this cul-de-sac ceing used as a parking lo~,
during l.ionday-Friday everlngs from 5:00-6:3D p.m. The ~arking ;J::"oblern is
a resul~ of the parents of children playing sof~ball at CrooKed Lake School
fielcis [Jarking in the cul-de-sac and along 139th Ave. ra~her than using the
parking lot at CLS that is provided for them.
This parking lot has been
ade~u~~~ f0~ 2QT years as & parking faCility for these fields.
Not only is this an issue of safety due to the greatly increased traffic
in our neighborhood during the hours that our children are at home and play-
ing outside, it is also a matter of legality, as mos~ evenings there are
several vehicles parked directly in front of the fire ,hydrant (sometioes
2-3 vehicles deep) making it ina~cess~ble in the event of a fire.
In conclusion, the 20-30 extra vehicles driving through and parking in
our neighborhood 5 nights a week is not only dangerous and inconvenient for
the homeowners of Woodland Creek, it is also unecessar~ and, in some instances
illegal.
Thank you for your consideration in this important matter.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
June 20,1995
AGENDA
NJ.
SECTION
Discussion Item
ORIGINATING DEPARTMENT
Fire Dept.
APPROVED
FOR AGENDA
ITEM
NJ.
Dan Winkel
Fire Chief
Request to lease-purchase a copy
machine
b.w.
~t
/-r.
The fire department is requesting that the City Council
authorize the lease-purchase of a copy machine. This item is not
in the 1995 capital equipment plan,however, due to the lack of
an adequate copy machine I would offer the following reasons to
purchase a machine that will suit our needs.
'-
Currently the fire department has a copy machine that can copy
only one side at a time at the rate of approximatelY 8 copies per
minute. The quality of copy is at times very poor. In order for us
to be efficient at copying the required paper work, reports, and
other documents of multiple or two sided pages, it requires the use
of an outside machine to be used.
Staff has obtained information and prices from a number of
sources and recommend the lease-purchase of a Lanier model #6720
from Stringer Business Systems Inc. The terms of the lease-purchase
and guaranteed maintenance agreement would be approximatelY $171.00
per month. The funding for the copy machine would come from the
1995, 1996, and 1997 capital equipment budget. Budgeted items that
would not be purchased in 1995 include class "A" and class "B" foam.
The 1996 and 1997 capital equipment budgets will include costs to
cover the lease~purchase of this machine.
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL AcrION
DATE
June 20,1995
AGENDA
1'0.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Non-Discussion/Consent Item
Fire Dept.
ITEM
1'0.
Request City Council to hire
Fire Department Secretary
Dan Winkel
Fire Chief
b.w.
B~~
/5:
Staff is requesting City Council to approve the hiring of a new
fire department secretary. Long time secretary Dixie Sanborn,
resigned approximately one month ago to seek full time employment.
Staff placed an advertisement in the local paper and also posted
the notice at all city buildings. Applications were taken until
June 2,1995 with interviews of the final three candidates conducted
on Thursday June 8, 1995.
. /
Staff recommends that Diane Zupfer of 3884 174th. Lane N.W., Andover,
be hired at $8.75 per hour, and that she work 25 hours per week.
The starting date will be June 26, 1995.
\
J
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
DATE JUNE 20.1995
AGENDA SECTION
N:l
NON-DISCUSSION I CONSENT ITEMS
ITEM HIRE REPLACEMENT PUBLIC WORKS
~~ PERSONEL
~.
ORIGINATING DEPARTMENT APPROVED
FRANK 0, STONE F~~DA
PUBLIC WORKS SUPERINTENDEN ~
BY:
THE CITY COUNCIL IS REQUESTED TO APPROVE THE HIRING OF JEFFREY
OKERSTROM AS A REPLACEMENT PUBLIC WORKS MAINTENANCE PERSON
PRIMARILY ASSIGNED TO OUR PARKS DEPARTMENT. MR. OKERSTROM
WILL BE OFFERED EMPLOYMENT, PENDING APPROVAL BY CITY COUNCIL.
IF COUNCIL APPROVES THE HIRING OF MR. OKERSTROM, HE MOST LIKELY
WOULD START TWO WEEKS LATER AT A SALARY OF $10.30 PER HOUR
, WHICH IS THE BOTTOM OF THE 1995 UNION PAY SCALE. AN INCREASE OF
/ $0.50 PER HOUR WOULD BE AWARDED AFTER SATISFACTORILY
COMPLETING A SIX-MONTH PROBATIONARY PERIOD.
WE RECEIVED 27 APPLICATIONS FOR THIS POSITION. JEAN NICHOLS,
KEVIN STARR AND MYSELF INTERVIEWED FIVE OF THE APPLICANTS.
MOTION BY:
"
)
TO:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
Richard Fursman
city Administrator
APPROVED
~XA
BY:
AGENDA
r-n
SECTION
staff
ORIGINATING DEPARTMENT
ITEM
r-n
White Paper
City Hall
11.
The City council requested that staff prepare a "White paper" on
the use of the present city Hall. The idea which has surfaced
which seems to address most of the concerns of the public would
be to form a Citizen Advisory Committee to study the present and
future space needs for Andover staff, and to then share findings
and make recommendation to the Council.
Attached is a list of individuals who have indicated a
willingness to serve on the committee. They were contacted
because of interest they have shown either on the City Hall or
with other issues involving Andover.
)
I will be making a presentation to the Council at the meeting
outlining the charge the committee will have. It should be noted
that the "list" is not complete, it is hoped that four or five
more could be added.
.. )
MOTION BY:
SECOND BY:
"
~
"
I
.J
CA
CITY of ANDOVER
Citizen Advisory Committee
New Ci ty Hall
Ken orttel
2772 Bunker Lake Boulevard NW
755-8425
Brad Hahn
13957 Eidelweiss Street NW
323-7334
Roderick Hill
4099 - 146th Lane NW
Bud Holst
4276 - 165th Avenue NW
421-6098
Ryan Hansen (high school student)
13404 Jonquil Street NW
421-1992
Anne Marie zielinski (high school student)
4300 - 152nd Avenue NW
427-2413
Terri
Larry Oalien
13443 Marigold Street NW
422-0710
,
)
CITY OF ANDOVER
REQUEST FOR COUNCIL ACfION
June 20, 1995
DATE
ITEM
t-O. /8'.
Recycling Agreement w/Anoka County
Cindy DeRUyte~
APPROVED
FORi!!!
BY:
AGENDA
t-O.
SECTION
Staff, Committees, commissions
ORIGINATING DEPARTMENT
Recycling/Public Works
The City Council lS asked to review and slgn the Agreement for
Residential Recycling program. This agreement is between Anoka
County and Andover. The Agreement lS to provide for cooperation
between the County and the Municipality to implement solid waste
recycling program in the Municipality.
There lS no change in this agreement Slnce last year when it was
presented to you.
/
MOTION BY:
,
1
TO:
Anoka County Contract # 900172-5
J
AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM
THIS AGREEMENT made and entered into on the 23rd day of May. 1995, notwithstanding the date
of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota. hereinafter referred to
as the "COUNTY", and the CITY OF ANDOVER, hereinafter referred to as the "MUNICIPALITY",
WITNESSETH:
WHEREAS, Anoka County has received $758,639 in funding from the State of Minnesota pursuant
to Minn. Stat. ~ 115A.557 (hereinafter "SCORE funds"); and
WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by
the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County
for solid waste recycling programs.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this
Agreement, the parties mutually agree to the following terms and conditions:
1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and
the Municipality to implement solid waste recycling programs in the Municipality.
/ 2. TERM, The term of this Agreement is from January 1. 1995 through December 31. 1995. unless
earlier terminated as provided herein.
3. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling
program adequate to meet the Municipality's annual recycling goal of 1.602 tons as established by
the County, "Recycling" means the process of collecting and preparing recyclable materials and
reusing the materials in their original form or using them in manufacturing processes that do not cause
the destruction of recyclable materials in a manner that precludes further use, "Recyclable materials"
means materials that are separated from mixed municipal solid waste for the purpose of recycling,
including paper, glass, plastics. metals, fluorescent lamps, and vehicle batteries. Refuse derived fuel
or other material that is destroyed by incineration is not a recyclable material. "Problem material"
shall have the meaning set forth in Minn, Stat. ~ 115A.03, subdivision 24a. "Yard waste" shall have
the meaning set forth in Minn, Stat ~ 115A.931.
4. REPORTING. The Municipality shall submit the following reports semiannually to the County no
later than July 20. 1995 and January 20, 1996:
A.
An accounting of the amount of waste which has been recycled as a result of the
Municipality's activities and the efforts of other community programs, redemption centers and
drop-off centers. For recycling programs, the Municipality shall certify the number of tons
of each recyclable material which has been collected and the number of tons of each
recyclable material which has been marketed. For recycling programs run by other persons
or entities, the Municipality shall also provide documentation on forms provided by the
County showing the tons of materials that were recycled by the Municipality's residents
through these other programs. The Municipality shall keep detailed records documenting the
disposition of all recyclable materials collected pursuant to this agreement. The Municipality
shall also report the number of cubic yards or tons of yard waste collected for composting or
,
1
in no event for a period of less than three years from the last receipt of payment from the County
/ pursuant to this Agreement.
H. AUDIT, Pursuant to Minn. Stat. ~ 16B.06, Subd, 4. the Municipality shall allow the County or other
persons or agencies authorized by the County, and the State of Minnesota. including the Legislative
Auditor or the State Auditor. access to the records of the Municipality at reasonable hours. including
all books, records, documents, and accounting procedures and practices of the Municipality relevant
to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have
access to the project site(s), if any. at reasonable hours.
9. GENERAL PROVISIONS
A. In performing the provisions of this Agreement, both parties agree to comply with all
applicable federal, state or local laws, ordinances, rules, regulations or standards established
by any agency or special governmental unit which are now or hereafter promulgated insofar
as they relate to performance of the provisions of this Agreement, In 'addition, the
Municipality shall comply with all applicable requirements of the State of Minnesota for the
use of SCORE funds provided to the Municipality by the County under this Agreement,
B.
No person shall illegally, on the grounds of race. creed. color, religion, sex. marital status,
public assistance status. sexual preference. handicap, age or national origin, be excluded from
full employment rights in. participation in. be denied the benefits of, or be othelWise subjected
to unlawful discrimination under any program, service or activity hereunder. The
Municipality agrees to take affirmative action so that applicants and employees are treated
equally with respect to the following: employment. upgrading. demotion. transfer.
recruitment, layoff. termination. selection for training. rates of pay, and other forms of
compensation,
/
C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure
that the subcontractors perform fully the terms of the subcontract. The Agreement between
the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the
terms of this Agreement.
D. The Municipality agrees that the Municipality's employees and subcontractor's employees who
fall within any job classification established and published by the Minnesota Department of
Labor & Industry shall be paid. at a minimum, the prevailing wages rates as certified by said
Department. Each Municipality and subcontractor performing work on a public project shall
post on the project the applicable prevailing wage rates and hourly basic rates of pay for the
County or area within which the project is being performed, including the effective date of
any changes thereof. in at least one conspicuous place for the information of the employees
working on the project. The information so posted shall include a breakdown of contributions
for health and welfare benefits, vacation benefits, pension benefits and any other economic
benefit required to be paid.
E, It is understood and agreed that the entire Agreement is contained herein and that this
Agreement supersedes all oral and written agreements and negotiations between the parties
relating to the subject matter hereof.
- 3 -
IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above:
/
COUNTY OF ANOKA
CITY OF ANDOVER
By:
By:
Dan Erhart. Chairman
Anoka County Board of Commissioners
Name:
Date:
Title:
Date:
ATTEST:
John "Jay" McLinden
County Administrator
I
Municipality's Clerk
Date:
Date:
Approved as to form and legality:
Approved as to form and legality:
Assistant County Attorney
l:'elY A TIY\PCI-N.OW - TECHlRECYCLIN\CONTRACNl.ECYCL9S,MRG
- 5 -
SUPPLEMENTAL SOLID WASTE ABATEMENT GRANT
PROGRAM REPORT
1
City/Township
Contact Person
Address
Telephone No.
. Total amount eligible $5.404.10
. A municipality must provide documentation for expenditures by July 20, 1995.
. The municipality shall ensure that said grant funds are expended only for abatement puxposes including
solid waste recycling, problem material management, and yard waste programs. Said grant funds may
be used to reimburse eligible expenditures by the municipality for: 1) calendar year 1994 not previously
reimbursed; 2) eligible expenditures incurred from January 1, 1995 to June 30, 1995.
. For verification of expenditures you must attach copies of receipts for each expenditure or a copy of
/ an expenditure ledger with items noted. If this is not available, please attach a letter signed by the City
Manager or Town Clerk itemizing the expenses which do not have receipts. Also provide copies of
all promotional materials prepared in whole or in part with these funds. When listing expenditures
below, please be specific and note each item clearly; for example, on a yard waste collection day -
salaries, hauling costs, promotion, roll-off box rental or any other related costs should be listed
separately.
Expenditure
Amount
;be City/Township has not received any additional grants, loans or appropriations to reimburse these expenses.
Our records will be open for review and copying by the county or its authorized agents for a period of three
years from the last receipt of payment from the county pursuant to the Agreement.
Signed
Date
CITY OF ANDOVER
'-
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
AGENDA SECTION
NQ Discussion Items
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
NQ
Junkyard License
Renewals
planning ~
David L. Carlberg
Planning Director
BY:
19.
RE ,'J:
The City Council is asked to approve the junk/auto recycling yard
license renewals for the period of July 1, 1995 to June 30, 1996.
On May 22, 1995, staff made initial inspections of the
junk/recycling yards for licensing. On June 14, 1995, follow-up
inspections were made to insure the yards made corrections to
those items cited during the initial inspections.
staff recommends the following junk/recycling yards receive
, license renewals.
}
Andover Auto parts*
Anoka Auto wrecking
ATV Auto Salvage
Best Auto parts*
Commercial Auto parts*
Mom's Auto Parts
wilber's Auto Parts
* Approval pending receipt of renewal application.
\
,
/
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
June 20, 1995
Nondiscussion/consent
Finance
APPROVED
FOR AGENDA
AGENDA
r-o.
SEcnON
ORIGINATING DEPARTMENT
ITEM
r-o.
Reduce Cash Escrow
woodland Creek 2nd
#88-19
Jea~ Nichols
Finance Director
BY:
~
c;<a.
REQUEST
The Andover City Council is requested to authorize the reduction
of the cash escrow established by woodland Development for
woodland Creek 2nd.
BACKGROUND
-,
The cash escrow was established by Woodland Development for
woodland Creek 2nd per terms of the Development Agreement for city
project # 88-19.
J
-,- '
The special assessments due on this project are less than the
cash escrow thereby allowing the reduction in the cash escrow.
Allowable refund of cash escrow
$39,500.00
12,057.12
$27,442.88
Cash escrow established on 8-3-88
Balance due on special assessments
---------
---------
,
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
AGENDA
r-o.
SECTION
Nondiscussion/consent
ORIGINATING DEPARTMENT
Finance
APPROVED
FOR AGENDA
ITEM
r-o.
Release Line of
Credit - Old Colony
Estates #88-8
Jean D.
Finance
~
Nicnols
Director
BY:
n~L
d:7"
O?/.
REQUEST
The Andover city council is requested to authorize the release
of the Letter of Credit #09-88-12 established as a special
assessment guarantee for Old Colony Estates. The guarantee value
may be reduced to $0.
BACKGROUND
\
/
Letter of credit #09-88-12 was established by Gaughan Land,
Inc. as the Special Assessment guarantee for Old colony Estates,
per terms of the Development Agreement for City project #88-8.
The special assessments for this project have been paid off
which permits the release of the financial guarantee.
\
/
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
AGENDA
r-o.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Non-Discussion Item
Todd Haas,
Engineering
~
BY:
ITEM
r-o.
Approve Timber Meadows 3rd
Final plat
d3.
The city council is requested to approve the final plat for Timber
Meadows 3rd Addition as requested by Woodland Development in Section
17, Township 32, Range 24.
Comments
The final plat is in compliance with the preliminary plat. 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
cost 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.
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 Timber Meadows 3rd Addition.
)
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
,
fA RESOLUTION APPROVING
AS BEING DEVELOPED BY
TOWNSHIP 32, RANGE 24,
THE FINAL PLAT OF TIMBER MEADOWS 3RD ADDITION
WOODLAND DEVELOPMENT CO. IN SECTION 17,
ANOKA COUNTY.
WHEREAS, the City Council approved the preliminary plat of
TIMBER MEADOWS 3RD ADDITION ; and
WHEREAS, the developer has presented the final plat of
TIMBER MEADOWS 3RD ADDITION
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 TIMBER MEADOWS 3RD ADDITION
contingent upon receipt of 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
determine 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.
5. street light costs to be paid to Anoka Electric cooperative.
6. Park dedication is to be cash in lieu of land as allowed in
Ordinance 10, Section 9.07.
BE IT FURTHER RESOLVED citing the following:
1. A variance from Ordinance 8, Section 6.02 as the lot does not meet
the minimum requirements at the front setback line of 300 feet as
defined in Ordinance 8, Section 3.02 (Definitions). The following
lots are requesting variances: Block 1, Lot 2; Block 2, Lots 1, 3 &
5; Block 3, Lots 1 & 3.
2. variance from Ordinance 10, Section 8.04 as the Special Use permit
application for a sign was not applied for in conjunction with the
preliminary plat in accordance with the zoning Ordinance.
3. Variance from Ordinance 10, Section 9.02 C for Block 2, Lot 2 as the
lot is proposed to front onto an existing Municipal State Aid
street.
4. Block 1, Lot 2 will require a easement to be vacated with the public
hearing being held at the time of final plat approval.
5.
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
day of
, 19~.
CITY OF ANDOVER
ATTEST:
Jack McKelvey - Mayor
victoria Volk - City Clerk
J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
AGENDA
r-o.
SECTION
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
Non-Discussion Item
Todd Haas,
Engineering
~
BY:
ITEM
r-o.
Approve woodland Meadows 2nd
Addition Final plat
C11.
The city council is requested to approve the final plat for Woodland
Meadows 2nd Addition as requested by woodland Development in Section
10, Township 32, Range 24.
comments
\
)
The final plat is in compliance with the preliminary plat. 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
cost 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.
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 Woodland Meadows 2nd Addition.
)
MOTION BY:
SECOND BY:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
,
A RESOLUTION APPROVING
'AS BEING DEVELOPED BY
TOWNSHIP 32, RANGE 24,
THE FINAL PLAT OF WOODLAND MEADOWS 2ND ADDITION
WOODLAND DEVELOPMENT CO. IN SECTION 10,
ANOKA COUNTY.
WHEREAS, the City Council approved the preliminary plat of
WOODLAND MEADOWS 2ND ADDITION ; and
WHEREAS, the developer has presented the final plat of
WOODLAND MEADOWS 2ND ADDITION
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 WOODLAND MEADOWS 2ND
ADDITION contingent upon receipt of 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.
5. Street light costs to be paid to Anoka Electric Cooperative.
6. park dedication is to be cash in lieu of land as allowed in
Ordinance 10, Section 9.07.
7. The developer is responsible to obtain all necessary permits from
the Lower Rum River WMO, DNR, Corps of Engineers, LGU, MPCA and any
other agency that may be interested in the site.
BE IT FURTHER RESOLVED citing the following:
1. A variance be granted for Ordinance 8, Section 6.02 as the lot does
not meet the minimum requirement of 300 feet at the front setback
line for the following: Block 1, Lots 1 & 2; Block 2, Lot 1; Block
3, Lots 1, 4 & 6; Block 4, Lot 3.
2. Variance from Ordinance 10, Section 8.04 as the Special Use permit
application for a sign was not applied for in conjunction with the
preliminary plat in accordance with the zoning Ordinance.
'3. Variance from Ordinance 10, Section 9.06 A3 for Block 2, Lot 3 as
the lot does not meet the 300 foot width at the building setback
line.
4 .
A variance from Ordinance 10, Section 9.01 as the preliminary plat
does not cover all of the owner's contiguous land. A contract
between the developer and the owner does exist for 60 acres but the
owner is still the fee owner of the 80 acres due to the fact the
parcels have never been subdivided which prompted the variance.
5. 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.
\
)
Adopted by the City Council of the City of Andover this
day of
, 19 95 .
CITY OF ANDOVER
ATTEST:
Jack McKelvey - Mayor
Victoria volk - City Clerk
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
AGENDA SECTION
r-o. Non-Discussion/consent Items
ORIGINATING DEPARTMENT
Scott. Eric~son,~~
Englneen.ng
APPROVED
FOR AGENDA
ITEM
r-o. purchase Easements/Drake street
project 94-6,cont.
BY:
bJs:
This item was tabled at the June 6, 1995, council meeting. The
council will be presented with this item at the meeting.
\
)
\
/
MOTION BY:
SECOND BY:
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 6, 1995
DATE
ITEM
Nl
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
Scott Erickson A~
Engineering ~
AGENDA SECTION
Nl Discussion Item
purchase Easements/Drake Street
project 94-6
BY:
QJP
q.
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
\" /
MOTION BY:
SECOND BY:
'~ . , , t'. r -.
f . - '.. __, _ ~ j. .... . _-. '_' .
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
scott.Eric~son, \1,
Englneerlng ~
APPROVED
FOR AGENDA
AGENDA SECTION
NO Non-Discussion/Consent Items
ORIGINATING DEPARTMENT
ITEM
NO Approve Change Order #1/94-1/
City Hall Park Complex #l/Lighting
BY:
~,.
The City Council is requested to approve Change Order #1
in the amount of( - $589.00) for the City Hall park Complex #1
Lighting project 94-1.
The extra work amounts in a deduct to the contract in the amount
of $589.00.
\
/
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MOTION BY:
SECOND BY:
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 94-1 FOR
THE IMPROVEMENT OF LIGHTING
CONSTRUCTION IN THE AREA CITY HALL PARK COMPLEX #1
WHEREAS, the City of Andover has a contract for project No.
94-1, CITY HALL PARK COMPLEX #l/LIGHTING with Klein Electric, Inc.
of st. Cloud, Minnesota.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover
to hereby approve the change order to Project No. 94-1.
City council at a
regular
meeting this
and adopted by the
20th day
MOTION seconded by Councilmember
of
June
, 19 95 , with Councilmembers
~
, /
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was
passed.
CITY OF ANDOVER
ATTEST:
Jack McKelvey - Mayor
Victoria Volk - City Clerk
/
CHANGE
.-GRDER
A/A DOCUMENT G70/
OWNER
ARCHITECT
CONTRACTOR
FIELD
OTHER
IXI
o
o
o
o
\
/
PROJECT: City Hall Park
(name, address) Ballfield 2 & 4 Lighting
Andover, MN #94-1
TO CONTRACTOR:
(name, address) Klein Electric, Inc.
24763 Lake Road
St. Cloud, MN 56301
CHANGE ORDER NUMBER: 1
DATE: May 16, 1995
ARCHITECT'S PROJECT NO: 3288
CONTRACT DATE: March 24, 1995
CONTRACT FOR: City Hall Park
Ballfield 2 & 4 Lighting
The Contract is changed as follows:
1. Delete Transformer TF1 and associated circuitry.
2. Refeed 240 volt service.
3. Refer to attached:
A. Modification #1 dated May 4, 1995.
B. Klein Electric fax dated May 5, 1995.
,
Not valid until signed by the Owner, Architect and Contractor.
Theoriginal(ContractSum)~~~~liM~was....................... .$
Net change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
The (Contract Sum) ~I!I;XM~~ prior to this Change Order was . . . . . . . . . . $
The (Contract Sum) (Y"o,",,"""'<&k~ will be ~(decre-olSed)
(>WTI!'~1IldQ by this Change Order in the amount of . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
The new (Contract Sum) ~~ including this Change Order will be .. $
56,900.00
0.00
56,900.00
589.00
56,311.00
The Contract Time will be ~CdEIXJCIiadl.(unchanged) by
The date of Substantial Completion as of the date of this Change Order therefore is May 22, 1995
o ) days.
NOTE:
This summary does not reflect change; in the ContrJct Sum, ContrJ.ct Time or Guaranteed Maximum Price which have been authorizeJ hy
Construction Change Directive.
DATE
Klein Electric. Inc.
CONTRACTOR
24763 Lake Road
Addres.'
:::5~~~~~
City of Andover
OWNER
1685 Crosstown Blvd. NW
Address
Andover, MN 55304
Wunderlich-Malec Engineering
ARCHITECT
6500 City West Parkway, #300
Address
Eden a::~' MN 55344
BY.) __O'b~
5/17 fer S-
o
BY
DATE
/) ~
CAUTION: You should sign an original AlA document which has this caution printed in red.
An original assures that changes will not be obscured as may occur when documents are reproduced.
AlA DOCUMENT G701 . CHA~GE ORDER . llJH"'l' EDITION . AlA\!! . @ 19H~ . TilE
AMERICAN INSTlTl'TE OF ARCHITECTS. I-~~ NEW YORK AVE., N.\X',. WASHINt,TON, D.C. 2000(l
G701-1987
WARNING: Unlicensed photocopying violates U.S. copyrlghllaws and Is subject 10 legal prooecullon.
/
)
\
,
I
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/
i
MODIFICATION NO. 1
TO
CONTRACT DOCUMENTS
FOR
CITY HALL PARK
BALLFIELD 2 AND 4 LIGHTING
ANDOVER, MN
CITY PROJECT #94-1
OWNER:
CITY OF ANDOVER
1685 CROSSTOWN BLVD NW
ANDOVER, MN 55304
ENGINEER:
WUNDERLICH - MALEC ENGINEERING, INC.
6500 CITY WEST PARKWAY, SUITE 300
EDEN PRAIRIE, MN 55344
WME PROJECT NO. 3288
DATE:
MAY 4, 1995
TO:
KLEIN ELECTRIC INC
24763 LAKE ROAD
ST. CLOUD, MN 56301
Contractor is requested to submit itemized quotations within
one week to the Engineer's office with copies to the Owner
for work called for in this modification. Please submit a
separate price for each item listed: Either Adds, Deducts or
No Change.
Work shall conform to the requirements of the specifications
for the original contract wherever they apply.
This request for quotations does not constitute authorization
for proceeding with the work.
1. Delete Transformer TF1 and all associated circuit
breakers, conduit, wire and labor.
/~/
\
2. Modify service to existing panel Ll as follows:
a. Remove existing overhead service, weatherhead and
conductors.
b. Provide all patching and repairs to building
surfaces and electrical equipment.
c. Provide new underground secondary service, match
existing, from new utility company single phase
transformer. Provide metering per utility requirements.
Coordinate all work with utility company.
)(. Provide time controls for ball field lighting per Owners
request. Furnish all switches, time clock, relays, etc.
as re~ired for a complete installation.
(1101 l/YA)
)
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,/~ 1 612 252 i331
KLeiN l:.Le~lKl~
.~
"
. INDUSTRIAL
. COMMERCIAL
. RESIDENTIAL
ROGER KLEIN
MIKE KLEIN
DAN KLEIN
RICK KLEIN
_'H. ~""'~
----=:: ,..
Klein
24763 Lake Rd. . St. Cloud, MN 56301 · 252.5059 · Mpls. 379-8582
" I~IC;T.IC.IRC.
PAX MESSAGE FORM
OUR FAX , 252-7331
DATE:
5/5/95
FAX NUMBER: 612-944-7840
TO: Jim O'Brien
TOTAL PAGES:
3
WUNDERLICH-MALEC ENGINEERING INq~NCLODING COVER PAGE}
ATTENTION:
RE: MODIFICATIONS AS PER ATTACTED:
1. Amount of ($989.00)
2. Add amount of $400.00
AlJ7
IF YOU Dm NOT RECEIVE ALL PAGES OF THIS FAX, PLEASE CONTACT
KLEIN ELECTRIC, INC. AT (612) 252-5059
'rIIANK YOU,
KLEIN ELECTRIC, INC.
CONTACT PERSON: Tony Spoden
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
June 20, 1995
AGENDA
r-o.
SECTION
Non-Discussion/Consent Items
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
ITEM
r-o.
scott. Eric~son, JI
Englneenng L
BY:
Receive 1996-2000 5-Year Highway
plan/Anoka County
..21,
The Anoka County Highway Department has submitted their 5-Year
Highway Improvement plan which has been adopted by the County
Board. As you will note there are few County improvements
scheduled in the City of Andover over the next 5 years. The.
County has identified at an undesignated time, improvements to
the following County Roads within the City:
street
From
To
)
Bunker Lake Blvd.
Crosstown Blvd.
Crosstown Blvd.
Round Lake Blvd.
valley Drive
181st Ave.
Round Lake Blvd.
Andover Blvd.
Hanson Blvd.
North of 161st Ave.
7th Ave.
Round Lake Blvd.
Hanson Blvd.
Hanson Blvd.
16lst Ave.
181st Ave.
Round Lake Blvd.
Crosstown Blvd.
The 5-Year Highway Improvement Plan is attached for your
consideration.
~
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MOTION BY:
SECOND BY:
, '.
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.~-~
~~
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~}:;;"
COUNTY OF ANOKA
Public Services Division
./
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304
(612) 754-3520 FAX (612) 754-3532
MEMORANDUM
FROM: C'\hP
REGARD~:
City Managers
City Clerks
Township Boards
Public Works Directors
City Engineers
County Engineers
Jon G. Olson, PE
Anoka County Engineer
May 18, 1995
TO:
RECETVED
MAY 2 5 1995
CITY OF ANDOVER
1996-20005 Year Highway Improvement Plan
)
Please find enclosed, a copy of the 1996-2000 5 Year Highway Improvement Plan for
the Anoka County Highway Department. This Plan was adopted by the County Board
on April 25, 1995. The Plan also includes the 1995 component of the Highway
Department Budget for informational purposes only. Much of this work is already
underway. The Plan also includes, a detmled listing for improvements to the Anoka
County Highway System for the years 1996 thru the year 2000. This document is to be
used only as a planning document and is not a commitment on the part of Anoka
County to fund projects in the year shown in the plan. No project is funded in the
Anoka County System until the budget is approved by the Anoka County Board in
December proceeding any budget cycle. For example, the 1996 component of this plan
will not be approved until December of 1995. However, the 5 Year Plan does give the
Department direction as to which projects should be pursued through the
Environmental design and Right-of-Way processes so that they can be constructed in
the year budgeted.
Please notice that this Plan is based on existing levels of funding and the assumption
that other interested parties will be able to fund their portion of the work in the years
budgeted. Several projects assume that additional outside funding will become
available and/or that Mn/DOT will have significant participation in some projects.
Lacking the participation of local units of government and/or Mn/DOT in any of those
projects would undoubtedly cause delays in the years anticipated for construction.
In determining the content of this 5 Year Plan, the Anoka County Board has
determined that the primary goal of the Anoka County Highway Department is first to
preserve the existing system against further deterioration. The second priority is to
manage the system which exists in the most efficient manner possible to the betterment
of the travelling public and the third area of emphasis is on expanding the Anoka
County Highway System in an effort to keep up with public demand and the expansion
of road usage in the Anoka County area. These critena were utilized in developmg
" "
/
Affirmative Action I Equal Opportunity Employer
/
-2-
this 5 Year Plan. Please note that the annual component for construction indicates that
the Anoka County Highway Department budget for construction is approximately
$5,000,000. For that reason, you will notice that several years assume extra ordinary
funding and if that funding is not realized, again, these projects ""ill be ddayed into
future years.
If you have any questions regarding information included in this 5 Year Plan, please
feel free to contact Jon Olson or Doug Fischer at 754-3520.
,
/
dmhj2-5YRPL
/
COUNTY OF ANOKA
Public Services Division
HIGHWAY DEPARTMENT
1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304
(612) 754-3520 FAX (612) 754-3532
MEMORANDUM
TO:
FROM: ~
REGARDING:
Public Works Committee
Jon G. Olson, County of Engineer
1996-2000 5 Year Highway Improvement Plan
April 17, 1995
/
Again this Spring, we have had the opportunity to review the Capital Improvement
Program Proposals from the Anoka County Highway Department as well as a proJ?osed
5 Year Improvement Plan. It is becoming ever increasingly evident that fundmg IS not
sufficient to meet the needs and demands on the Anoka County Highway System. For
that reason several adjustments have been made to this plan for 1996-2000.
Several major realignment projects have been removed from the 5 Year Plan, those
include: Round Lake Boulevard, north of CR 24; Hanson Boulevard, north of CSAH
#22; and Lexington Avenue north of CSAH #18. These projects have been removed
from the plan because it is evident that they would not be fundable in the foreseeable
future.
There are several Capital Improvement Projects which have remained in the plan which
are not totally funded at the time of its adoption. This plan assumes that additional
funding will become available for those projects in the near future utilizin~ bonding,
cooperative agreements with Mn/DOT, significant local government particIpation, or
other undefined innovative funding proposals. The demand on the Anoka County
Highway System is increasin~ rapidly as expansion in Anoka County as well as to the
north and west continues. Significant portIOns of the System are showing the distress
caused by that increased usage and as in the past I would suggest that our orders of
priorities be as follows.
The primary goal of the Anoka County Highway DeJ?artment should first be to preserve
the existing system against further deterioration. This can best be done by an aggressive
overlay program along with crack filling, reconstruction of existing facilIties to current
standards as funds are available, and a concerted maintenance effort to protect the
investment the County has made in these facilities.
The second priority should be to manage the system we have in the most efficient
manner pOSSIble. Several projects in the past, under the leadership of Jane Pemble,
have resulted in significant savings to the travellin& public through utilizing
Management practices such as signal timing projects which unprove the efficiency of the
roadways.
Affirmative Action /. Equal Opportunity Employer
, ,
-2-
The Department will continue to explore additional types of management projects
which WIll benefit the residents of Anoka County.
The third area of emphasis should be the expansion of the System. This includes
expanding routes from the existing two lane or four lane facilitIes to four, five or six
lane facilities as the need arises. We have a significant need for expansion within the
County at the current time which is not fundable. We will continue to manage traffic
until such times as we are able to increase capacity on those systems.
The attached Five Year Plan, using the above criteria, is presented for your
consideration. Again, the assumption has been made that major expansion projects as
well as major bridge projects will be funded by additional income over and above the
normal budget of the Anoka County Highway Department. Because of the le.1d time
involved in preparing plans, obtairung pernuts and purchasing rights-of-ways, we are
currently completing plans for the 1996 projects included in this document and will
begin shortly to work on the 1997 and 1998 projects so that they can be constructed in
the year programmed.
If you have any questions or comments on these projects or this plan, please feel free to
call Jane Pemble, Doug Fischer or myself at your convenience.
" \
dmh/2- YRPLAN
ANOKA COUNTY FIVE YEAR PLAN
Explanation of Columns
Column 1 - Type of Project
C.W.-
County Wide -
used for projects not yet identified as to
location such as overlays or signals
c.R.-
C.S.AR.
County Road Projects
County State Aid Highway Project
Column 2 - Road Number
Column 3 - Project Number if Assigned
Column 4 - Description of Project
/
Column 5 _ Year project is currently scheduled for "Other" indicates after five years
Column 6* - Estimated Constmction Costs
Column 7 - Funding Type
F-
Regular Funding by Annual Budget Process
Capital Improvement Project funded by CIP Funds. See 1994 -
1996 Capital Improvement Plan
Approved for Federal Funding Funds Not Necessarily Available
Blank -
Y-
*
For years 1995 - 1999 the type of project is noted between Columns 5 & 6 with the
following key:
P = Preservation
M = Management
E = Expansion
J
1
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)
ANOKA
1995 eIP
COUNTY
PROGRAM
CSA~ 7E
:~AH 14
CSAH ?;
P~]DG[ OVER J- 3~v
C l:' ~t> TO CP 83
CEt.1RAL Fun. iNS STlI,TlDN
S"'L i STO,c;-t.Gt SYST(~
I';~ERCHANG[ A": 11"1-10
INi[I?;:HA""Gr t.~ 1-35..-
RA:L. G,".ti: :;[P[J<AT10N
0............-
..--
8--
6-
Il-..:.t
SC"'lt
NO
ROUTE
LOCATION
C$AH 17
c:;"'... 116
fl r':,~ , '. ',T
Pa.9~ No.
03/07/95
PROJECTS DELETED FROM THE
DRAFT CIP & THIS DRAFT 5 YEAR PLAN
ANONA COUNTY HIGHWAY OEPARTMENT
r:Vt YEAR PLAN - ~:S~ING
PROJECT
NUMBER
DESCRIPTION
\
YEAR
ENGINEERS CIP CONTROL
ESTIHATE STATUS NUMB
.. YEAR SCHEDULED, 1996
C.W. 0 ADDITIONAL SALT STORAGE FUNDING 1996
CSAM 9
91-03-09
1/2 M S. or CSAH 24 TO N. CO.
lINE
C.R. 80 TO CSAH 22 PLANNING
CSAH 17
91-05-17
C.R. 78
409000 R
o
19'9'6
40000 R
o
1996
60000 R
o
91-04-78 CR 103 TO N. COUNTY LINE 1996
DESIGN
88-20-78 CSAM 22 TO CR 103 DESIGN/ENVIR. 1996
358000 R
o
C.R. 78
.. Subt.ot.al
Page No. 2
03/07/95
40000 R
o
907000
ANONA COUNTY HIGHWAY DEPARTHENT
rIVE YEAR PLAN - LISTING
PROJECT
NUBBER
DESCRIPTION
.. YEAR SCHEDULED, 1997
C.W. 0 94-38-00 SALT STORAGE IHPROVEHENT
CSAH 3 02-603-03 TH 47 TO TH 10
CSAH 9 91-03-09 1/2 H S. or CSAH 24 TO N. CO.
LINE
CSAH 17 91-05-17 C.R. 80 TO CSAH 22
DESIGN/ENVIR.
C.R. 78 91-04-.78 CR 103 TO N. COUNTY LINE
DESIGNIENV
.. Subt.ot.al
Page No. 3
03/07/95
ENGINEERS CIP CONTROL
YEAR ESTIM.',TE STATUS NUMB
1997 109250 R 0
1997 850000 R 0
1997 225000 R 0
1997 310000 R 0
1997 210000 R 0
1704250
ANONA COUNTY HIGHWAY DEPARTMENT
rIVE YEAR PLAN - LISTING
PROJECT
NUMBER
DESCRIPTION
.. YEAR SCHEDULED. 1998
CSAH 3 02-603-03 TH 4? TO TH 210
CSAH 9 91-03-09
CSAH 17 91-05-17
C.R. 78 91-04-78
C.R. 78 88-20-78
'. Subt.ot.al
Page No. 4
03/07/505
1/2 HILE S. or CSAH 24 TO N.
CTY LN
C.R.80 TO CSAH 22
C.R. 103 TO NORTH CTY LINE
CSAH 22 t.O C.R.103 PHASE 1
ANOKA COUN~Y HIGHWAY DEPARTH~Nr
rIVE YEAR PLAN - LISTING
PROJECT
NUMBER
DESCR:P:'ION
YEAR SCHEDULED. 1999
C.R. 78 88-20-78 OSAH 22 TO CR 103 PHASE 2
Subt.ot.al
... Tot.al
ENGINEERS CIP CONTROL
YEAR . ESTIMATE STATUS NUMB
1998 1175000 R 0
1998 1036000 R 21
1998 1950000 R 42
1998 1300000 R 90
19'98 1500000 R 87
6961000
YEAR
ENGIN~ERS C!P CONTROL
ESTIMATE STATUS NUMB
1999
1092500 R
o
1092500
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"'t
nCM \.[J(.ATIl>~ PROJ. NO.
DCSC~IPT1ON
I [STIMAT[
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2320.000
1,5~OOCO
l.e-:e.O(1('
2,02~O'J:
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PROJECTS REMOVED FROM C.J.P.
t ~.... "
c':.:.... j-
e"" '':
c,;; 7~
(SW 3
':'1-03-QC,
91-0':.-)-
'=;!-Q4.;c
2e-~c<';
02-E>::3-C:'
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::;; E:Cl:; ::,t...22
c'" :03 ~c I'.; CD l!N[
c:;~,.! 2~ 70 C ~ 103 (D~:;lGN/ENV~ '
... <:, TO ,.. lC
Page No. 1
03/07/95
ANOKA COUNTY HIGHWAY DEPARTMENT
FIVE YEAR PLAN - LISTING
\
PROJECT ENGINEERS CIP CONTROL
NUMBER DESCRIPTION YEAR * ESTIHATE STATUS NUHB
. . YEAR SCHEDULED: 1995
C.W. 0 95-07-00 1995 BRIDGE HAINTENANCE 1995 P 25000 0
C.H. 0 95-02-00 1995 CRACK FILLING 1995 P 50000 0
C.H. 0 95-01-00 1995 OVERLAYS 1995 P 600000 0
C.W. 0 95-08-00 1995 SIGNAL PAINTING 1995 P 30000 0
C. W. 0 1995 SIGNALS UNASSIGNED (1 ) 1995 M 30000 0
C.W. 0 94-25-00 MISC. ROCK HALL REPAIR 1995 P 85000 0
C.W. 0 94-38-00 SALT STORAGE IHPROVEHENTS 1995 P 287000 Y 0
C.\;. 0 94-41-00 SPECIAL OVERLAYS 1995 P 523000 0
CSAH 1 02-601-35 NEW 610 TO HISSISSIPPI BLVD 1995 P 934000 F 3
CSAH 1 94-40-01 WIDEN FROH "Y" TO EGRET 1995 M 50000 0
CSAH 3 94-13-03 RELOCATE FOR TRANSIT HUB 1995 M 800000 Y 0
TRANSIT S
CSAH 3 02-603-03 TH 47 TO TH 10 1995 M 30000 Y 0
CSAH 8 02-608-08 INTERSECTION IMP. AT HWY 47 1995 P 100000 444
CSAH 9 02-609-04 BRIDGE #02536 (MCGREW) 1994 1995 P 3000 F 17
FUNDS
CSAH 9 02-609-06 BRIDGE #02536 APPROACHES 1994 1995 P 214072 F 18
FUNDS
CSAH 10 95-04-10 SIGNAL AT TH 49 1995 M 30000 0
CSAH 11 95-03-11 SIGNAL AT CSAH 18 1995 M 30000 0
CSAH 23 02-623-07 INTERSECTION WITH TH 49 -1994 199;; M 460000 52
FUNDS
CASH 78 02-678-09 CHANNELIZE AT 121st 1995 M 300000 0
C.R. 78 88-20-78 CSAH 22 TO CR 103 1995 E 50000 Y 0
DESIGN/ENVIRO.
CSAH 78 02-678-08 HIDEN AT CSAH 11 NORTH LEG 1995 M 100000 0
C.R. 117 91-07-117 SUNSET RD. CR 76 TO CSAH 26 1995 E 544000 Y 100
.. Subtotal ..
5275072
* P=PRESERVATION
M=MANAGEMENT
E=EXPANSION
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PRlW I<<l
1995 PLANNED COUNTY IMPROVEMENTS
DESCRIPTI[).l
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PLANN!N(j, DESIGN, ENVIRON"1[NTAL CP R!G>-IT-O:--\o''''~
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Page No. 2
03/17/95
ANOKA COUNTY HIGHWAY DEPARTMENT
FIVE YEAR PLAN - LISTING
PROJECT
NUMBER
DESCRIPTION
.. YEAR SCHEDULED. 1996
C.W. 0 96-03-00 1996 BRIDGE MAINTENANCE
C.W. 0
C.W. 0
C.W. 0
C.W. 0
C.W. 0
C.W. 0
C.R. 7
CSAH 17
CSAH 26
CSAH 35
C.R. 60
C.R. 108
C.R. 116
*'" Subtotal **
*
P = Preservation
M = Management
E = Expansion
"
v
1996
96-04-00 1996 SIGNAL PAINTING
1996
96-02-00 1996 CRACK FILLING
1996
96-01-00 1996 OVERLAYS
1996
1996 SIGNALS UNASSIGNED (4)
1996
95-17-00 CENTRAL FUELING SYSTEM
1996
94-38-00 SALT STORAGE FOR OUTLYING SHOPS 1996
94-03-07 CSAH 22 TO CSAH 24 (OLD CR 55) 1996
BRIDGE OVER 135W DESIGN
\
* ENGINEERS CIP CONTROL
YEAR ESTIMATE STATUS NUMB
P 25000
P 30000
P 50000
P 500000
M 130000
M 324000 Y
M 673000 Y
P 2012277
o
o
o
o
o
o
o
448
94-45-26 CSAH 22 TO HARTIN LK. DR.
1996 P
1996 E,P 364500 Y
o
02-635-08 CSAH #8 TO T.H.10
o
175000
93-04-60 T.H. 65 TO E LK NETTA DRIVE
1996 E,P 940116
1996 P 1155989
79
91-08-108 CSAH 35 TO EAST CTY LINE
61
1996 P 626744
o
90-23-116 RECONSTRUCT CR 116 AT TH 47 (90 1996
S)
Carryover Funds
96
M
$1 ;200 ;989-
7051626
Subtotal
Non Road Contract
$5,850,637
$ 997,000
$4,853,637
Total
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COUNTY
11-"1'_( ,
SU'Lt
1996 PLANNED COUNTY IMPROVEMENTS
IT[M LOCATION PRO~ Nil ~SCRIPT ION . [Sll.....n
~.:-J:;-O, 1"'<:l;,. BC':nGE ~\t.,I>,J"CNe>.r~CE 2':.000
- ?t.-(I4-1)\"' l~~E :::'NAi. F''::';f\T1NG ~C_OQC'
. l:l.,;_Q.:'_orl :<:l:',s (."AC~ 'lLL!NG ~,OOC,O
, . 9!:--')1-00 19% CVE"LA'S ~OO,OQO
. ]<;09t> :IGNAL:' lINA~SIGNED '" 130,OQO
, , ~4-03-(l7 CSl>.H 2? '0 CSA'" ,. 2.012.277
SA.... F F",'I~Ci:: :vE" i.:<~\." (DESIGN' 3&4.51:'0
:l.."i ~~ ~4-45-26 [SA.. " ',0 ",..F'TlI, :",0:.,,( D' J7~O(lO
(12-635-05 :::A'" '( T> 10 ?4G,116
Ie , " 9~-)4-b(1 " 6':- TO ( -, NETTA f,' Il':'5,<;;89
, :oe ':'l-re-1OE C:A.... " TO (A3. (0 L;N[ 626_7~ol
:2 , li~ ~')-23-i!t- J"'TE!;I:.[~ il:JN A' T... " 4S~OO
F'L..ANNING, DESIGN, ENYIRDNI'1ENT~L DR RIG~i-Or-'...~~
CONSTRUCTION
/
Page No. 3
03/17/95
ANOKA COUNTY HIGHWAY DEPARTMENT
FIVE YEAR PLAN - LISTING
PROJECT
NUMBER
\
YEAR
ENGINEERS CIP CONTROL
* ESTIMATE STATUS NUMB
DESCRIPTION
.. YEAR SCHEDULED. 1997
C.W. 0 97-03-00 1997 BRIDGE MAINTENANCE 1997 P 25000 0
C.W. 0 97-02-00 1997 CRACK FILLING 1997 P 50000 0
C.W. 0 97-01-00 1997 OVERLAYS 1997 P 500000 0
C.W. 0 1997 SIGNALS UNASSIGNED (4 ) 1997 M 130000 0
CSAH 1 02-601-38 RIESLING TO CSAH 7 1997 P 787298 4
CSAH 5 CSAH 22 TO CSAH 24 1997 P 984731 474
CSAH 17 02-617-08 BRIDGE OVER I35W 1997 E 1895680 Y 41 (1)
CSAH 17 02-617-07 CSAH 10 TO .5 NORTH OF CSAH 12 1997 E 2361894 40 (2)'
CSAH 17 CSAH 14 TO 1000 FT N. OF CSAH 1997 E 1013660 37 (3)
12
.. Subtotal ..
7748263
Assume Additional
Bridge Funds
$4,257,574
Total
#3,490,689
*
P= PRESERVATION
M=MANAGEMENT
E=EXPANSION
(1) PROJECT REQUIRES PARTICIPATION BY BLAINE &
Mn/DOT FOR AN ADDITIONAL $1,750,000 NOT NOW OBLIGATED
(2) PROJECT DEPENDENT ON (1) PROCEEDING
(3) PROBABLY DOES NOT MAKE SENSE WITHOUT (1) & (2)
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LDCATI~ LDCATICJ\l
1997 PLANNED COUNTY IMPROVEMENTS
DCSCRIPT ItJol
~"';-O);- ~~.
<::~-0::-C:
':l--C:-O~l
s..... ~
~...'"' 17
,...... 1~
Sol.... 1-
02-10..:""-0;
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F:~G~ M.lj~:i;:"'4\JCE
1:'?-:' C;:':lC' r:...d'^'G
~Q?'" CV[f<:LAYS
J"',l7 ~JG"'....S 'jf'.lAS:IGN[T i.o\'
P:C~'-'''i:i T:: ::SA... ':'
':S.c.1oi ZZ T:: c.:"".... 2..:
:FiDGE ~V[:;- ~-35..'
CSA- I~ 'OC ': "': t., Dr (S.c..... 12
Co.,:..... l": ":"C :JC~ P '" :::;. ':SAOol 12
-------
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1,""'50,000
C.361P,?4
J.0]366('
LEGEND.
_ _ _ _ _ _ _ _ PLANNING D[SIG~ ~NV]RONM[""Ai. o=< ~]GI-!"-O;:--...A
, r! . . . . . · · .. CONSiR0CTlON
/ .
/
Page No. .:
03/07/5'5
ANOKA COUNTY HIGH~AY DEPARTMENT
FIVE YEAR PLAN - LISTING
PROJECT
NUMBER
DESCRIPTION
.. YEAR SCHEDULED: l5'98
C.W. 0 1998 BRIDGE MAINTENANCE
C.W.
o
C.W.
o
C.W.
o
C.\'I.
o
CSAH 1
CSAH 12
CSAH 14
CSAH 17
CSAH 78
CSAH 78
C.R. 116
.. Subr.ota1
,
*
P=PRESERVATION
M=MANAGEMENT
E=EXPANSION
98-02-00
1998 CRACK FILLING
98-01-00
1998 OVERLAYS
1998 SIGNALS UNASSIGNED (4)
HES MATCHES 5674,000 FED FUNDS
02-601-37 84 TH AVE TO RICKARD RD +2.01
FED.S
02-612-08 CR ~51 TO T.H. 65
94-10-14 INTERCHANGE AT 1-35\'1 PLANNING
CSAH 14 TO 149TH AVE
02-678-11 CSAH 11 (SOUTH LEG) TO CSAH1
RAIL GRADE SEPERATION
95-05-116 RAMSEY BLVD TO CR 63
Assume Extra Bridge
Total
'\
ENGINEERS CIP CONTRO:
YEAR * ESTIMATE STATUS NUMB
l5'98 P 30000 0
1998 P 50000 0
1998 P 500000 0
1998 P 140000 0
15'98 M 171000 r 0
1998 P 580000 F 1
1998 E 1425000 26
1998 E 360000 Y 0
1996 E 1327246 39
1998 E 1425000 89
1998 M 430000 Y 0
1998 E 555000 Y 97
6993246
$360,000
$6,633,246
"
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COUNTY
ITEM LOCATlt)ll PtIl'OJ. hQ.
1998 PLANNED COUNTY IMPROVEMENTS
Ie
11
J2
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C....
:.\.'
C,'...
C$.... J
eSA'" ;2
Ct.H j.l
cs,:,- :~
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94-10-14
~E-G,--l.'(l
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DESCRIft'TICt>l
J'~':'IS El:i!Ni!: ""Al"lTt:NANC!:
I~?~ [1<.0.:1 rll:..1NG
l?"'~ ::V[F'LAYS
lCl"'," ::.;GN':'L:. UN4SS!GN[[' \<l'
HC~ ......',:H[S (!6i4.001:' 'ED 'lINDS'
~4hi t,\,[ "0 R!CI(APD ,[' (.201 .E[, s,
[,. 5: TC ,.., 65
]r.";"[r-:""'~Gr A. 1-3'5\o.'-P;.ANt>;IN,::'1
,:St... :~ -;::; 1","1" AvE
':$"'... :: '~OUT'" l[::'" 10 cs,:... 1
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'50.00~
SOO.OQC
1"0,"00
1",,000
~,80'o()C
1.425.000
360,OOC
:.32~,246
l.l2~ OOe-
-=:,O,OCC
~';5,OOC
LEGEND,
_ _ _ _ _ _ _ _ PLANNlNG, DESIGN (NVlIO'ONMEN1Ai.. OJ:_ RIG..T-or-loiA\
. . . . . . . .. CONSTRUCTION
;
Page No. 5
C3/C7/~5
hNOKA COUNTY HIGH~hY DBPARTHBNT
fIVB YBAR PLhN - LISTING
PRonCT
NUBBBR
DBSCRIPTION
BNGINBBRS CIP CONTROL
YBAR * BSTHJATB STATUS NUBB
* * YEAR SCHBDULED: 1999
C. h'. e 9~-03-0e 1999 BRIDGB HAINTENANCE 1999 P 35000 0
C.W. 0 98-02-00 19~9 CRACK fILLING 199~ P 50000 0
C.~. 0 98-01-00 1999 OVERLhYS 1999 P 500000 0
C.W. 0 1999 SIGNALS (4 ) 1999 M 150000 0
CSAH 9 CR 116 TO COON CREEK DR 1999 P 1574596 20
CShH 11 HANSON I1ITERCHANGE InTH TH 10 1999 E 1560000 Y . 0'
DE/RI'I I
CSAH 14 INTERCHANGE AT I-35W 1999 E 3575000 Y . 0
CSAH 17 14 9TH AVE TO CSAH 18 1999 P 1370061 36
CSAH is RAIL GRADE SEPERATION 1999 M 695000 Y 0
*. Subtotal .*
9509657
Assume Extra Bridge $5,135,000
Total $4,374,657
*
.,
P=PRESERVATION
M=MANAGEMENT
E=EXPANSION
"
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ANOKA
COUNTY
1999 PLANNED COUNTY IMPROVEMENTS
ITt" LOCATICJt
PROJ.fC
DCSCRIPTI()oI
. ESTIMTE
3~,00r-
'50.000
500.000
1'50,000
1,S7" '5~E
\~[ '1:''10') t'5E-O,OO~
3,""~.OOO
1.370.06l
6~'5.00(O
& ....."...._oc
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F'LANNING. DESIGN ENV]~ONMENTA:.. OJ:;' RIGHT-(j.-\oIAY
CONSH'UCT1:JN
;
Page ~o. 6
C3/07/95
A~OKA COU~TY HIGHWAY DEPARTMENT
rIVE YEAR PLAN - LISTING
PROJECT
NUMBER
DESCRIPTION
YEAR
*
ENGINEERS CIP
ESTHIATE STATUS
CONTRO:
NUllB
.. YEAR SCHEDULED, 2000
C.IL 0 00-02-00 2000 CRACK fILLING 2000 P 70000 0
C. W. 0 00-03-00 2000 BRIDGE MAINTENANCE 2000 P 40000 0
C.H. 0 00-01-00 2000 OVERLAYS 2000 P 750000 0
C.l'i. 0 2000 SIGNALS UNASSIGNED (4 ) 2000 M 200000 0
CSAH 11 HANSON INTERCHANGE HITH TH 10 2000 E 1780000 Y 0
. . SUbtotal
2840000
*
P=PRESERVATION
M=MANAGEMENT
E=EXPANSION
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ANOKA
COUNTY
2000 PLANNED COUNTY IMPROVEMENTS
ITtM
LOClI.Tl()ll
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DCSCR1PTI[J\I
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PLA"lN]N[j, DESIGr-; ENY]J;'ONMEN1'AL OR RIG..T-or-'w'A
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,
Page No. 7
C3/07/95
ANOKA COU~TY HIGHWAY DEPARTMENT
FIVE YEAR PLAN - LISTING
PROJECT
NUI.IBER
DESCRIPTION
.. YEAR SCHEDULED: OTHR
C. W. 0 SIGNALS UNASSIGNED (4/ YEAR)
C.H.
o
SIGNALS UNASSIGNED (4/ YEAR)
CSAH
1
HARSON TO THE .Y.
CSAH
1
REISLING TO MISSISSIPPI
CSAH
3
TH 10 TO TH 47 SEE 02-651-02
CSAH
5
CSAH 24 TO HILLENDALE
CSAH
5
INTERSECTION WITH TH 47
CSAH
6
CSAH 35 TO EAST CTY LIMITS
CSAH
6
INTERSECTION AT TH 65
CSAH
7
GRANT STREET TO N. LHTS ANOKA
CSAH
8
CSAH 35 TO EAST CTY LINE
1.5 M N. OF ANDOVER TO 3.5 M N. OTHR
OTHR
CSAH
9
CSAH
9
3.5 H N. TO 4.6 M N. OF ANDOVER OTHR
CSAH
9
4.6 M N. OF ANDOVER TO CSAH 24 OTHR
i<CSAH 9
CSAH 9
,
N JCT 20 TO N. ANDOVER CITY
LIMITS
S. OAK GROVE LIMITS TO 1.5 M
NORTH
C.R. 37 TO CSAH 52
CSAH 10
CSAH 10
LEXINGTON TO ST. HELENS
C.R. 10
TH 10 TO TH 65
CSAH 11
FROM HANSON TO SAND CREEK
CSAH 11
HANSON INTERCHANGE WITH TH 10
PS
CR 103 TO CSAH 24
CSF.H 13
CSAH 13
CSAH 22 TO 205TH AVE
CSAH 13
CSAH 22 TO CR 103
CSAH 14
02-614-13 CSAH ~14 I35W TO 135E
YEAR
OTHR
OTHR
OTHR
OTHR
OTHR
OTHR
OTHR
OTHR
OTHR
OTHR
OTHR
OTHR
OTHR
OTH,R
OTHR
OTHR
OTHR
OTHR
OTHR
OTHR
OTHR
,
ENGINEERS ClP CONTROL
ESTIMATE STATUS NUMB
160000
o
1050000
o
5750000
6
5980000
5
3000000
7
1348100
9
250000
8
475000
12
300000
11
1574596
13
475000
16
856288
o
470958
o
800000
o
1027546
o
642216
o
675773
25
665000
22
1425000
23
787298
26
280000 Y
o
856288
29
685030
30
3000000
o
4275000
31
"
\..'
Page No. 8
05/19/95
ANOKA COUNTY HIGHWAY DEPARTMENT
FIVE YEAR PLAN - LISTING
)
PROJECT
NUMBER
DESCRIPTION
YEAR
ENGINEERS CIP CONTROL
ESTIMATE STATUS NUMB
CSAH 14 02-614-19 CSAH 9 TO TH 10 OTHR 0 Y 0
';( CSAH 16 AND 116 FROM CSAH 9 TO CSAH 78 OTHR 4723788 35
CSAH 17 CR 80 TO CSAH 22 OTHR 2350000 0
CSAH 17 02-617-05 CSAH #32 TO CSAH 52 (LOVELL RD) OTHR 1900000 38
CSAH 17 CSAH 18 TO CR 80 OTHR 642216 43
CSAH 18 121ST TO T.H. 242 (OVER TH 10) OTHR 3500000 46
'<'C.R. 18 91-09-18 ANDOVER BLVD. TO CSAH 78 OTHR 556587 44
CSAH 18 90-07-18 CSAH 19 TO EAST CTY LINE OTHR 1284432 47
;\ C .R. 18 HANSON BLVD TO CSAH 20 OTHR 727845 45
CSAH 19 CSAH 18 TO CSAH 23 OTHR 1284432 48
CSAH 21 C.R. 140 TO CSAH 23 OTHR 1626947 103
CSAH 21 SO.COUNTY LINE TO CSAH 14 OTHR 1198803 49
CSAH 23 #17 TO N LTS. CIR.PN OTHR 2204434 51
\
/ CSAH 23 #17 TO S. LTS. LEXINGTON OTHR 1574596 50
CSAH 24 CSAH 28 TO TH 65 OTHR 3211080 53
CSAH 24 TH 47 TO WEST COUNTY LINE OTHR 2997008 55
CSAH 24 TH 65 TO CR 76 OTHR 1712576 54
CSAH 27 CR 7 TO TH 47 OTHR 556587 57
CSAH 32 TH 49 TO CSAH 21 OTHR 2297628 58
CSAH 35 02-635-06 INTERSECTION WITH 100 T~IIN OTHR 200000 62
CSAH 35 RICE CREEK RD TO 73RD AVE OTHR 760000 63
CSAH 35 02-635-07 RICE CREEK RD TO TH 65 OTHR 1102217 60
CSAH 36 CR 77 TO NORTH COUNTY LINE OTHR 1070360 64
C.R. 37 CSAH 32 TO C.R. 10 OTHR 878505 66
CSAH 51 92ND AVE NW TO COON RPDS BLVD OTHR 2530000 70
\
.'
Page No. 9
05/19/95
ANOKA COUNTY HIGHWAY DEPARTMENT
PIVE YEAR PLAN - LISTING
PROJECT ENGINEERS CIP CONTROL
NUMBER DESCRIPTION YEAR ESTIIIATE STATUS NUMB
TH 65
C. R. 52 101ST AVE. TO CSAH 14 (MAIN OTHR 1689433 73
ST)
CSAH 52 INTERCHANGE WITH 35W OTHR 3500000 24
C.R. 52 MAIN ST TO C.R. 61 OTHR 1498504 72
C.R. 58 CSAH 7 TO CSAH 9 OTHR 1712576 75
C. R. 58 CSAH 9 TO CSAH 18 OTHR 2140720 76
C. R. 60 87-06-60 TH 65 TO CSAH 20 OTHR 856288 78
C.R. 63 CSAH 5 TO CR 83 OTHR 1284432 80
C. R. 66 CSAH 24 TO TH 47 OTHR 1926648 81
C.R. 7l INTERSECTION WITH CSAH 28 OTHR 0 83
C.R. 76 CSAH 24 TO CSAH 36 OTHR 2997008 84
C.R. 77 CR 75 TO CSAH 36 OTHR 856288 85
C.R. 78 85-15-78 C.R. 58 TO CSAH 22 OTHR 1013660 86
CSAH 78 02-678-07 TH 242 TO 1000' N OF BUNKER LK OTHR 1157700 88 .
BLVD
C.R. 83 CR 63 TO CSAH 22 OTHR 428144 91
C.R. 103 CSAH 13 TO CSAH 26 OTHR 1284432 94
C. R. 103 CSAH 24 TO CSAH 13 OTHR 642216 93
C.R. 105 LAKE DRIVE TO CSAH 52 (95 TH OTHR 950000 95
AVE)
C.R. 116 CSAH 78 TO TH 65 OTHR 2027319 98
C.R. 116 DYSPROSIUM TO CR 56 OTHR 1689433 99
C.R. 132 CSAH 1 TO TH 47 OTHR 1140000 101
C. R. 140 CSAH 14 TO CSAH 21 OTHR 2000000 102
Subtotal
108493935
.. Total
147911799
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
AGENDA SECTION
NQ Non-Discussion/Consent Items
ORIGINATING DEPARTMENT
scott.Eric~son,~~
Englneerlng
ITEM
NQ Approve Change Order #1/94-18/
Section 22 Trunk Sewer & Watermair
P(~'
The City Council is requested to approve Change Order #1
in the amount of $18,276.67 for the Section 22 Trunk Sewer &
Watermain, project 94-18.
APPROVED
FOR AGENDA
BY:
The extra work was required for the sanitary sewer construction.
'\
, /
"
)
MOTION BY:
SECOND BY:
,
)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 94-18 FOR
THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, AND APPURTENANCES
FOR CONSTRUCTION IN THE AREA SECTION 22 TRUNK SEWER AND
WATERMAIN .
WHEREAS, the City of Andover has a contract for project No.
94-18, SECTION 22 TRUNK SEWER AND WATERMAIN.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover
to hereby approve the change order to project No. 94-18.
city Council at a
regular
meeting this
and adopted by the
20th day
MOTION seconded by Councilmember
of
June
, 19 95 , with Councilmembers
,
/
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was
passed.
CITY OF ANDOVER
ATTEST:
Jack McKelvey - Mayor
victoria Volk - City Clerk
/
JUN-14-1995 13:04
TKffi
612 292 0083
P.02/03
C:;HANGI!: OlttlER
'\
)
TOLTZ, KING, DUVALL, ANDERSON
AND ASSOCIAT~S, INCORPOM.T!:D
~ngineer8-A~cnitects-Planners
Saint Paul, MN
LTu.np. q
19~ Ccmm. No. 10725
Change order NQ. .JJL
TO
RY3n Cnn~r~~t;no tn~
ror Rection 22 Trunk S~wer and wat~rmRin 194-181
for citv OT Andover M;nnp~o~a
TOU are hereby directed to make ~he following change to your contract dated
A~,.,i1 19. , 19~. The change cu'\d the work affected tl1erl;!l>y
is subject to all contract stipulations and covenants. This Change Order will
(increaae) (decrease) (not change) the contract sum by I!:ighteen Tholl"..nd
Two Hnnrlr,..d "eventv-slx "Url - - - - - - 67/100 DO~~ars (~ 18.276 67 I.
This change order provides for the following extra work:
1. The following items are final extra co"ts for jaeking sani~ary ftGwGr under
Crosstown Boulevard in lieu of open trenching sanit~ry sewer acrO$S
crOS$~own aoulevard.
A. 22" Steel Casing pipe including
10" PVC Carrier Pipe 95.0 L!' $ 205.00 +$19,475.00
5. 8" PVC SDIt 3S Sanitary S&!!W$.r
Pipe (Deduct) 95.0 L!' $ 55.00 -$ 5,225.00
c. ~emove Bituminou$ Su.face 265.0 BY ~ 1.50 -~ 397.50
D. S~lvage Class 5 Aggr~9ate 30.0 Cy $ 6.00 -$ 180.00
E. Sul>grade r"ep~"ation 333.0 ~y ~ 0.40 -. 133.20
!'. Aggregate Base Class 5 100.0 TN $ 15.00 -$ 1,500.00
G. Bi.tuminouo B:a.eo CouZ"se 55.0 TN . 42.00 -~ 2,310.00
R. BitUlllinous Binder COurse 35.0 TN $ 43.00 -$ 1,505.00
I. Bil-.uminou:!l wear Course 33.0 TN $ 30.00 -$ 990.00
J. Traffic Control 1.0 LS ~1,800.00 -$ 1. 800.00
subtotal +$ 5,434.30
2. Material costs for increa!ling 8" t'VC sanitary sewer to 10" I'VC !lanita:r:y
oowo~ to provide i~oreaoed flow capaoit~ ~Qr the added dumping ot~tion:
790.0 U'
$
3.00
+$ 2,370.00
/
JUN-14-1995 13:05
TKffi
612 292 0083 P.03/03
CHANGE ORDER NO. lR
COMMISSION NO. 10725
PAGE TWO
\
)
3. ~hG follow~ng items we~e Qdded to prQvide fo~ Q futu~e dumping ~tat~on aD
the City property:
~. 8" FVC ~an~~ary sewer
250.0 LF
$
20.00
+$ 5,000.00
+$ 2,610.00
B. Stanct~rd 4' Diam@~er Manhole
2.0 EA
$1,305.00
C. 8~ DIP Outside Drop Sece10n
lL 0 L!'
$ 110.00
+$ 1,210 00
Subtotal
$ 8,820.00
4. The fol~owing ~t~ were added DO th~t tbe existing watermain ~ocated west
of Well No. 4 eould be ahut off without ahutting down Hell No.4.
Komatsu FC-400 llacklloe 2.5 HR $ 98.00 $ 245.00
l!'oreman w/'!ruok 2.5 HR $ 56.00 $ 140.00
Laborer 2.5 fiR $ 42.00 $ 105.00
Operator 2.5 HR $ 44.00 $ 110.00
12" Dutterfly Valve LO EA $ 588.65 $ 588.65
12~ Longo Sleeve 1.0 EA ; 99.94 * 88.84
12~ xnegalug 4.0 EA $ 59.3'7 $ 23'7.48
15% Material Maxl<:up 1.0 LS $ 13'7.40 $ 13'7 40
Subtotal $ 1,652.37
TOTAL CHANGE ORDER NO. 1 (Add) $18,276.6'7
/
lImount of original. contraot !?
Add1tions approved ~o data (Nos. $
Deductions approved to date (NO$. $
Contract amount to date $
Amount of thia Change Orde~ (~dd' (Deduct) (Not Cnanged) ~
Revised Contract Amount $
584.297.40
0.00
0.00
584 2~7.40
+18.276.67
602.574 07
tiy
Delte
TOLTZ, i<;J:NG, DUVALL, NW!:!'.SON
AND ASSOCIATES, rNCO~PORATBD
By t$v~?T1.~~f
lticha"d M. O<Uand, 1'.15.
Approved CITY 011' Jl.N!)(,)VER. MN
Owner
:all'
White - Owner*
~ink - OOntractor*
Blue - Tl<DA
Approved RYAN CONTRACTING, INC
contractor
Date
,
/
TOTAL P.03
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTIONJune 20, 1995
DATE
scot~ Eri7kson\(
Englneenng c:!!L
APPROVED
FOR AGENDA
AGENDA SECTION
r-o. Non-Discussion Item
ORIGINATING DEPARTMENT
ITEMReceive petition/95-10/Hawk Ridge/
NQ countryview Estates streets
BY:
;<q,
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 95-10, in the
Hawk Ridge/Countryview Estates area.
,
)
Hawk Ridge
proposed total number of lots - 39
Number in favor of improvement - 22
Number unavailable -
5
12
Number against -
countryview Estates
proposed total number of lots - 25
Number in favor of improvement - 15
Number unavailable -
o
o
Number against -
The feasibility report will address the estimates as one
project.
J
MOTION BY:
SECOND BY:
, J
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION
OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF
STREET CONSTRUCTION ' PROJECT
NO. 95-10 IN THE HAWK RIDGE/COUNTRYVIEW ESTATES
AREAS.
WHEREAS, the City Council has received a petition, dated
June 2 , 19~, requesting the construction of
improvements; and
WHEREAS, such petition has been validated to contain the
signatures of more than 35% of the affected property owners
requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover that:
. /
1. The petition is hereby declared as adequate.
2. The proposed improvement is hereby referred to the City
Engineer and he is instructed to provide the City council
with a feasibility report.
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this 20th 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:
Jack McKelvey - Mayor
victoria Volk - City Clerk
,(])'
\,1'\
CITY of ANDOVER
J
...;.'--
Date:
t:. -,Z -qS-
No. 9.>"-10
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
/Ju.J /~(?
do hereby.petitio~ tha~aidLPortion of said area be improved by
Construct~on of C~ty ~
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
x
X---
,)
--J-
u]
This petition was circulated by: (.: :',;, ,)-~ r
Address: (-,\ ! 7',7() ~ 21<:\{ J S-;-:.,: /-' ~,
/;/ --'--/
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CITY of ANDOVER
/
~...;.,...-'.
Date: ./..::. - 7J -
<C,'
"
No. 9S"-lb
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
.' .. ./]
~/,6-- / (/-/
" / ~ r-........
'? 1/ ') E --- "~'"'" -
/', '/- t'zc'
. _ (rl _ __~ .... ---"
do hereby petition that said-9?rtion of said area be improved by
Construction of City /7/1/1 n 1./'1":7"7 6~....(
and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota.
/
ADDRESS
YES
NO
':::':"'(r-
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This petition
-,
Address: (-)
-
was circulated by: L,
/ -:>f:'c ( ? (Dr.;' ()
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__ . _/JJf _~;1'
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,CA'
CITY of ANDOVER
/
Date:
b -,2-"/5
.
No.
"..>-10
Gentlemen:
We, the undersigned, owners of real property ~n the following described
area:
i~hll;LJ~y
'-'
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.
j
SIGNATURE OF OWNER
ADDRESS
LEGAL DESCRIPTION
YES
NO
/
/780/ ZtOYlSJ ~)1.0
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CITY of ANDOVER
, /
No.
6.J.-1;
'15'-IC
"
.'
Date:
'....." ~
"
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
~ um-ryvlev ~ S-t-a+~ ~
do hereby petition that said portion of said area be improved by
Construction of City :5-+Y",.,.,-+-5,
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
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CITY of AN~OVER
Date:
b - 2 -q-;'
<7,-(1)
"
No.
Gentlemen:
We, the undersigned, owners of re1] property In the following described
area:
C ou.wrcy V iC!.~
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do hereby petition that said portion of said area be improved by
Construction of City '5t--ree7S
and that the cost of said improvement be assessed against the benefiting
property, as authorized by Chapter 429, Laws of Minnesota.
SIGNATURE OF OWNER
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
AGENDA SECTION
r-o. Non-Discussion Item
ORIGINATING DEPARTMENT
APPROVED
FOR AGENDA
~~eceive petition/95-11/l81st
Avenue West of Tulip street
scot~ Eri7kso~ll
Englneenng CV
BY:
.j0.
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 95-11, in the
in the area of 181st Avenue West of Tulip Street.
,
I
/
Proposed total number of lots -
4
Number in favor of improvement - 4
Number against - 0
Number unavailable - 0
Staff will be meeting with City of Oak Grove to determine if this
should be joint public hearing or request the cities to have
joint powers agreement on who will be responsible for the
engineering and bidding the project, etc.
Note: A petition for the Oak Grove side of the street has been
submitted to their City for processing.
\
'- /
MOTION BY:
SECOND BY:
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION
OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF
STREET CONSTRUCTION
181st AVENUE WEST OF TULIP STREET
, PROJECT
NO. 95-11 IN THE
AREAS.
WHEREAS, the City Council has received a petition, dated
June 2 , 19~, requesting the construction of
improvements; and
WHEREAS, such petition has been validated to contain the
signatures of more than 35% of the affected property owners
requesting such improvement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover that:
1. The petition is hereby declared as adequate.
2. The proposed improvement is hereby referred to the City
Engineer and he is instructed to provide the City Council
with a feasibility report.
MOTION seconded by Councilmember
and adopted by the
City Council at a
regular
meeting this 20th 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
Jack McKelvey - Mayor
ATTEST:
. /
Victoria Volk - City Clerk
Ja\t\t -pr-ojeGt' ~lth Oa..k.. Ejvn ve,
/
;~
CITY of ANDOVER
"
Date:
" -;2-~S-
"1.>:-11
No.
Gentlemen:
We, the undersigned, owners of real property in the following described
area:
/ ? ! sJ- .4 t/.{:l n [,{ e - IAJ e 5 + () f -r fA- I r' ;:J:S-frce-!
,
do hereby petition that SaidfPortion of sa~d area be i~~roved by
construction, of c~ ty 6+Vee~_ ,f'"on ~-fYL/lc.l1C' h (pu tJe d..)
l,I.X~'^-\ d h !coP .-tn see In h..l'YI,'no /JlJ (u_r b" .
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
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This petition was circulated bv: r'/ ;:ftt..
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
June 20, 1995
DATE
AGENDA
r-o.
SECTION
Non-Discussion/consent Item
ORIGINATING DEPARTMENT
Scott.Eric~son, ~r
Englneenng (fL
APPROVED
FOR AGENDA
ITEM
r-o.
~5.
BY:
purchase Easements/Drake street/
94-6, Cont. - Supplement
The city council is requested to approve the purchase of drainage and
utility easements for the installation of a storm drain pipe for the
Hartfiel's Estates project, city project 94-6. An independent
appraisal was performed by Integral Appraisals, Incorporated, in order
to identify the value of the easements. The recommended purchase
price is as follows:
Owner
Address
Easement Value
Rick A. and Joanne E. Nelson
14531 Drake st. N.W.
$2,210.00
$2,360.00
Mr. Gregory A. Lee
14515 Drake st. N.W.
MOTION BY:
SECOND BY:
06/J5/1995 16:24
6124868298
INTEGRAL
PAGE 02
Integral AppraIsal, Incorporated
450 Vadnais Road #101
VadnaiS Heights, Minnesota 55127
Juno 13, 1005
Mr. Scott Erickson
Andover City Engineer
1685 Crosstown boulevard N.W.
Andover, MN 55304
RE: 14515 Drake Sreet NW
Andover, MN 55304
Dear Mr. Erickson
In accordance with your request and authorization, we herewith submit our evaluation
of the referenced property, I personally Inspected the propeny on June 13, 1995, The
purpose of this appraisal is to estimate the damages to the property as a result of the
taking by the City of Andover in due process, for the purposes of Just compensation.
As a result of our analyses and conclusions contained in the attached report, the
damages to the subject property are as folloWS:
Severance Damages:
Tree loss
$ 34,050
$ 32,340
$ 1,710
$ -O-
S 500
$ 2,210
$ 2,210
Irtegrol Appraiasl. Inc,
J..... R, _"
Fair Market Value Prior to the Taking: 15,000 SF
Fair Market Value After the Taking: 13,500 SF
Damsg815 Due to the Taking: 1,500 SF
Damages Due to Temporary Easement: Not Applicable
TOTAL DAMAGES:
Rounded
06/l5/1995 16:24
6124868298
INTEGRAL
PAGE 03
Intogral Appraisal, Incorporated
450 Vadnais Road #101
Va<<Jnals Heights, Minnesota 55127
June 13. 1995
Ur. Erickson
Page 2
The value conclusion shown above is specifically subject to the following critical
assumptions and limiting conditions: The Certificate of Real Estate Appraisal and no
survey, soli tests or title opinion provided.
'JUST COMPENSATION"
The Supreme Court of Minnesota has often quoted, with approval from OLSON vs.
UNITED STATES, 292 U.S. 246. which is a United states supreme Court Case
regarded as an autnorlty on the law of condemnation. and which goes Into ttle matter
.just compensation. as follows;
"Just compensation includes all elements of value that is inherent in the property, but it
does not exceed market value fairly determined. The sum required to be paid the
owner does not depend upon the uses to which he has devoted his land, but is to bo
arrived at upon just consideration of all thlll USlllll for which it is suitable. The highest
and most profitabllll USlll for which the property is adaptable and needed or likely to be
naeded in the reasonably near future Is to be considered. not nec9ssarily as the
measure of value. but to the full extent that the prospect of demand for such use affects
the market value while the property is privately held,'
~ral ApproiMl, Inc.
~on<< A, _..,
06/~5/1995 16:24
6124868298
INTEGRAL
PA(jt:. tJ'l
. --.....
-' -...-"
Integral Appraisal, Incorporated
450 Vadnais Road #101
Vadnais Holgttts, Minnesota 55127
June 13. 1995
Mr. Erickson
Page ~
If we may be of further a:;$illtsnce in this matter. ploasQ contact us.
RespectfullY Submitted:
Janet R, Staeha\i
tAN License .4001270
1nt8v<" """,..;..I, I....,
JonoI R. _I
06/15/1995 16:24
6124868298
INTEGRAL
PAGE l:J~
_",,_ .n_''''-- ~-_. ._~...
-- .--
Intogral Appraisal. Incorporated
450 Vadnais Road 6101
"adnais HaightS. Minnesota 55127
June 13, 1995
Mr. Scott Erickson
Andover City Engll100r
1665 crosstown boulovard N.W.
Andover. UN 55304
RE: 145g1 Drake Srl~et NW
Andover, MN 55304
Dear Mr. ErickSOn
In accordanoe with your requast and authorization, we herewith submit our evaluation
of the referencad proporty. I perlilonalty inspected the property on June 13. 1995. The
purpose 01 this appraisal Is to estimate tha damages to the property as a result 01 the
taking by the City of Andover in due process. for the purposes of Just Compensation.
As a result of our analyses and conclusions contained in the attached report, the
damages to the subject property are as follows:
Ir1I8\Ir1II~,lnc,
J..... R stHhtIl
05/+5/1995 15:24
5124858298
INTEGRAL
t"'A\Jt:. tJo
Integral Appraisal, Incorporated
450 vadnais Road #101
Vadnais Heights, Minnesota 55127
June 13, 1995
Mr. Erickson
Pago 2.
The value conclusion shown above Is speclllcally subject to the following critioal
assumptions and limiting conditions: The Certificate of Real Estate Appraisal and no
survey. soli testS or title opinion provided.
.JUST COMPENSATION'
The Supreme Oourt of Minnesota has often quotad, with approval from OLSON VS,
UNITED STATES. 292 U.S. 246, which is a Unitod States Supreme Oourt Ca!lO
regardod as an authority on the law of condemnation. and which goes into the matter
'just compansatlon' as follows:
"Just compensation includes all elements of value that is inherent In the property, but it
dOM not exceed market value fairly determined- The sum reQuired to be paid the
owner does not depend upon the uses to whioh he has devoted his land, but Is to be
arrived at upon just consideration of all the uses for. which it is suitable. The highest
and most profitable use for which the property is adaptable and needed or likely to be
needed in the reasonably near future is to be considered, not necessarily as the
measura of value, but to the full extent that the prospect of demand for such use affects
the market value white the property is privately held."
~r" "Ppr......., Inc.
J_R,~
06~15/1995 16:24 6124868298
INTEGRAL
.. ~- --.. ..--...
PAGE 07
Integral Apprai:Slll, Incorporated
450 Vadnais Road #101
Vadnais Heights, Minnesota 55127
June 13, 1995
Mr. Erickson
Page 3
If we may be of funner assistance In thi:! marter, please oontact us.
Respectfully Submitted;
Janet R. Staeheli
MN License #4001270
.......' App..... I....
Ja"..R __
, ,
Office of
ANOKA COUNTY SHERIFF
LARRY PODANY
325 Jackson Street - Anoka, Minnesota 55303-2210
612-323-5000 Fax 612-422-7503
.RECEIVED
JUN 09 1995 1
CITY OF ANDOVER
June 5th, 1995
Mayor Jack McKelvey
City of Andover
1685 Crosstown Blvd.
Andover, MN 55303
N.W.
Dear Mayor McKelvey:
The April Calls For Service Law Enforcement Report and Municipality
Arrest Report are attached for your review. Should you have any
questions or concerns please contact me at my office, 323-5131.
Sincerely,
dfrtce~~i~
Patrol Division
LC:nc
Attachments
Affirmative Action I Equal Opportunity Employer
( (
,
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325 Jackson Street - Anoka, Minnesota 55303-2210
612-323-5000 Fax 612-422-7503
Page No. 1 Andover
05/02/95
CALLS TAKEN BY NON-CONTRACT CARS
CONTRACT CAR DATE: NATURE OF CALL: TIME SPENT ON CALL
WORKING:
Yes 04/01/95 Loud Party 0 HOURS 39 MINUTES
Yes 04/03/95 Alarm 0 HOURS 6 MINUTES
Yes 04/05/95 Traffic Arrest 0 HOURS 4 MINUTES
Yes 04/05/95 Medical 0 HOURS 23 MINUTES
Yes 04/06/95 Domestic Assault 0 HOURS 42 MINUTES
Yes 04/07/95 Domestic 0 HOURS 22 MINUTES
Yes 04/08/95 Vehicle Racing 0 HOURS 14 MINUTES
"!es 04/09/95 Loud Party 0 HOURS 14 MINUTES
'les 04/09/95 Arson 0 HOURS 18 MINUTES
Yes 04/10/95 MEDICAL 0 HOURS 27 MINUTES
Yes 04/12/95 911 Hang Up 0 HOURS 10 MINUTES
Yes 04/13/95 Party 1 HOURS 23 MINUTES
Yes 04/13/95 Stolen Vehicle 0 HOURS 21 MINUTES
Yes 04/13/95 Stolen Vehicle 0 HOURS 23 MINUTES
Yes 04/14/95 Neigh. Domestic 0 HOURS 33 MINUTES
Yes 04/14/95 Residential Alarm 0 HOURS 12 MINUTES
Yes 04/17/95 sus. Activity 0 HOURS 18 MINUTES
Yes 04/18/95 Alarm 0 HOURS 23 MINUTES
Yes 04/20/95 P.D. Accident 0 HOURS 16 MINUTES
Yes 04/20/95 Arrest Assist 0 HOURS 14 MINUTES
Yes 04/20/95 P. I. Assist 0 HOURS 15 MINUTES
Yes 04/20/95 P. I. Accident 0 HOURS 24 MINUTES
'{es 04/20/95 Recovered Stolen 0 HOURS 44 MINUTES
Yes 04/21/95 Damage to Property 0 HOURS 11 MINUTES
Yes 04/21/95 Recovered Stolen 0 HOURS 44 MINUTES
Yes 04/22/95 Neigborhood Dom. 0 HOURS 24 MINUTES
Yes 04/25/95 PD Accident 0 HOURS 28 MINUTES
Yes 04/26/95 Theft 0 HOURS 14 MINUTES
Yes 04/27/95 P. I. Accident 0 HOURS 36 MINUTES
Yes 04/27/95 Domestic 0 HOURS 34 MINUTES
Yes 04/27/95 Suspicious Vehicle 0 HOURS 17 MINUTES
Yes 04/28/95 possible Fight 0 HOURS 9 MINUTES
Yes 04/30/95 Alarm 0 HOURS 22 MINUTES
*** GRAND TOTALS ***
13 HOURS 4 MINUTES
Office of
ANOKA COUNTY SHERIFF
LARRY PODANY
Affirmative Action I Equal Opportunity Employer
Page 2. city of Andover
Calls Taken by Non-Contract Cars
April, 1995
NOTE: The Andover squad left the city on:
4-24 to assist the Ham Lake squad on a Felony arrest,
total time out of the area: 50 minutes.
TOTAL TIME SPENT OUT OF THE CITY: 50 MINUTES
Office of
ANOKA COUNTY SHERIFF
.-
LARRY PODANY
325 Jackson Street - Anoka, Minnesota 55303-2210
612-323-5000 Fax 612-422-7503
CITY OF ANDOVER
MONTHLY CONTRACT PRODUCTIVITY REPORT
MONTH:____APRIL, 1995
This report reflects the productivity of the Andover contract cars,
3125, 3135, 3145 and 3155. It does not include activity by
Sheriff's Department cars within the City during non-contract
hours, nor, activity by other Sheriff's Department cars within the
City during contract hours.
Papers Served:
2
Radio Calls 661
Complaints 484
Medicals 12
P. I. Accidents 4
P. D. ,Accidents 14
Domestics 32
House Checks 23
Arrests: Traffic 70
DWI
6
Arrests: Felony
3
G.M.
o
Misdemeanor 27
Arrests: Warrant
5
Warnings:
70
Business Checks____439
Aids: Public
62
Other Agencies__114_
TOTAL MILES PATROLlED:
17,927
CAPTAIN LEN CHRIST
ANOKA COUNTY SHERIFF'S DEPARTMENT
PATROL DIVISION
-6-
Affirmative Action I Equal Opportunity Employer
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DATE:
June 20, 1995
ITEMS GIVEN TO THE CITY COUNCIL
of the Andover cit council - Ma 30, 1995
S ecial worksho
park and Recreation commission - June 1, 1995
S ecial Closed cit council Meetin - June 6, 1995
Andover Housin and Redevelo ment Authorit
_ June 6, 1995
_ June 6, 1995
Andover Economic Develo ment Authorit
Re ular Andover Cit council Meetin - June 6, 1995
Anoka Count, Sheriff's De artment Re ort - June 5, 1995
May 1995 Building Department Report
schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT
AGENDA.
THANK YOU.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
June 20, 1995
AGENDA
r-o.
SECTION
Discussion Item
ITEM
rn5
ORIGINATING DEPARTMENT APPROVED
FOR AGENDA
Scot~ Eri7ksonhO
Englneenng <pc.
BY:
Sharon's 2nd/Authorize Response
To Heil Letter, Cont. - Supplement
Please include this page with the letter from Clay and Deanna Heil.
MOTION BY:
SECOND BY:
Dear Andover City Council,
!:J- 8 -(IS
I am writing this letter to voice some very serious com:ems I hal'l; ..hout the
development of the cul-de-sac in Andover eff of Andover BI~d., between Drake a.'ld
Bluebird sl
My main concern is the pond that is being put in. First off all, aft;;:' t:;!!\ing ta seme
people I don't understand why it is being put in, period. From what I've been told
there is no reason why steps couldn't be taken to use the cxhting ponu that is ri:;.t
there alread)' (I am talking abeut the pond that is on the properl)' of 1425 Andover
Bluebird. There is also a huge pond (mote) being put in right across the street from
us. I know that I am not a engineer and do not have knowledge about drainage, but
I do know that I have seen plenty 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 that reason is Safety. I have lived here for 6 years, and with 3 children
ages 6, 3 and 1 we are outside aloi. My two oldest children pl:lY outside frequently
with the other neighbor childrcrt That pond is just a little to dose for comfort, it is
right on our property line, and I would never even let In)' kith out thai uoor WIless I
was right there with them. I consider myself S(lme!i:~e who watches my children very
well, but there is obviously times when the kids could be out in the yard playing while
I'm getting lunch or something. We inquired if there would be a fence around the
pond and we were told that there would not be. PersonalI)', this makes me a Utile
furious that the city isn't willing to spend the money to make sure that it wilt be a
safe environment for our crjidren who have been here for years and pius the ones
that will be mO\1ng into that cuI-dc-sac. I CGuld understand if I was moving into a
home that the pond was already there, obviously then I wouid know the situation, but
the fact is for you to put a pond literally in my backyard you are really forcing me to
1) move (which we couldn't do even if we wanted). 2) Keep my children in the house
constantly unless I can be with them with both eyes on them at all tiDIes. (I haven'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 normal and take the chance of one my
children (or neighbors) being seriously hurt or even killed in that pond. '~
EC~
.MAY ( 7995 7
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