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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 '\ 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 ': / ~~ 1-1- .:<:Elo c,-~ 2.9C1l I- (/)(1) a: 1 Q)~; z<-< \, ~ , -...D :d 1""- I jgi 013_ I-~o .' \ .' 01 "" "CCl! ~~ it ':'8 13 Ql '[ ll- a o T"" t1l o CQ c>.l T"" ~ <:> ~ ~ ,.. lQ ~ o N 10 ..;. C') m~ mOl r-: '<to .....('1 :>.. . <lit> ~o C\I ffl ,... co III = ~ ~ -8 ~ ..... .... ..... t1l ~ U;; f2. g .... go ~. Ne. t! .... ,... ~ ell to - ,. "':C)I~ c;;~fe ~m mOl T""..... uiO; >.0 ~~ T"" ~ CO ,:,,!. cas 00 !! ! ~~-:g~ .ii'g1Sa:i~ a !i ~ ~ CXI ~ co r cO ..... .... co v.o ~ N ~ ..- 0) ~ "lI' '"I~ 0> ~ U)m ~.... ..- oN CON ..... a,l:J) m-i U) , CXI CXI l<< ~ ~ o c.;l :!i! o C\I ..- (I) CD <') ~ '" a Ol CD o '<t oi I! ..... LO d .... c Gt .... -8 g..... ..... -... -.:-.... 11)>- Cq .;z (II . ...... 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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 {J}"" - ~: ..L"\ -Pr"TleL u 1- rz. ....... 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. o , , SIGNATURE OF OWNER ADDRESS LEGAL - ~..h~~J>~-- !.7~t~i )'/::;--0# 57 tf,'-tl - ? - . -- ......, //. I It, / ~J,' y' ..-.... ) t/ . '; '1 DESCRIPTION YES NO \..-' x ,f" A.hl) y ;>< \. Q;J This petition was circulated by: Address: (-,,, ( ':foe) ( ")<. eo..; - " ~ v Pftjc 2- o. (r \ .- tg. el c;- Oate: ~- No. ;.~'\ ~ .J... .: . . .. CITY of ANDOVER . - '.....,.... 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 J ( .' . TURE OF OWNER ~~ ADDRESS ./ .X X (] . U 5-1 A./' '<- ~ ( GJ This petition was circulated by: Address: (-::~ - ~.~ / " ;; ;; ;; ;; 0 ~ ~ % ;; ;; ;; , ~ ;; ;; 'i % 9 ;; > % 0 ;; ;; ~ i ~ ~ ;; . ~ z ;; . , ~ ~ , 0 w w 0 " % ~ . w ~ ;; ~ ~ . :i ;; ~ ~ 0 % ~ ~ u ~ , ~ "'\ I I 1 I I , ---~-- I I I 1 1 I , I I I ;; ;; z Q; w . . ;; z :;; :;; :;; ~ ... '3 c ~ . :;; z w u w ;; ... '3 z :: ... . 15 0 . ;; . ... :i '" ~ ;: ~ ; ~ w ;; :;; '" 0 % ~ Z ~ 3 w ~ > d :;; ;; ... : ~ i . - . 0 z ~ u ~ 1 . z > . - i --::) I~ ....',. I ':'O!" I I \ I. " r- ~~ r~ i'" i= ~ 0(0 " I!OSI ., 1 I "Iii '1 I' Ii '[I 1.1 I/! !tt I i[i , I 1/: 1'~' ':,1 ~, ;T: . ., I, '" :: 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. '\ \ / 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 \ 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 , i OJ.'' .1'\ ( KetJ )',J ---1fV/J:U CITY of ANDOVER RECEIVED q5,~ I ?Ss-- ~~O:8 MAR " 7 1995 CITY 01- ......NuOVER Date: ~-/7--15 No. "0 iec-t .:Jt q.r- z- v . .."- ..';.-- Gentlemen: We, the undersigned, owners of real property in the following described area: ," r I /' Ii J.1r:H-hw",:rlr /Jd,lrhcrJ 1'(,,<-, /51'1: /.J1Jr;. 11. 15i"/.-JkJl' I~",{,_ /f~/d 01" rC'C]7"1o;.JJ 1)(< 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" o/C (,) C..f<..-i',,:,-/ /1/ I . rJ.~'J:...,t-, ...... I /' S~~N~TURE OF ~WNER ADDRESS LEGAL DESCRIPTION YE~/NO ./ C. c 6cu..:!... I :Jf7 a/ / t- , , ! '. 'i' 1 / 'v/ ,/ ~/:'A'7 7 I!. '~1' ./ .....; ,~~~t.... ,_- .......1 ' - - . . ,{ 1 -' ." . r " . t. /'." I ._-..'&.vv"\.......... ~ " .-- I/" ~ / j .Y ~ <; ::.--7 ,,1,'.c1..t<'1(./ / 3f}.:5 t,1 (,:I..s.~JiJV. ^ /t'! '( \..- ,) Dr This petition was circulated by: .--, Address: ( '.' - 19 ~~ ~~ 1 fern f='. 'i ;: " ';1 .. 1 :J "I ~ '" , ~" I "II , ;.;o".,....r 3". I I ~ :-"',,;<.n.I~"J 14,,, '.11" ~ ~ "11 ,. I IIU"'" . - 'N 1.' ~ 1~ ... /,;J) ~ :.,. ~ Z - -\~~ " j ~:",,-/ :I 'I'" 'W 'M ,,, '''" l1." . ~.J.4 k. .. , ~ !~~. ~ .... :~~ 1 ~ (, ~ ; :'(1-4) i ~ 61) r'/N4' It ....#, l .. IJ ~t~ JJ ~~) r ~) (4.5) .- CI; - (liJtiIr t.1-'~ ~1 \.- ('Je ~1,J _00' "- ," (J~ I .'~"'", ".- ;4t..~ "h~lr L~.. = ~ ~ 'i . BUNKER-tAKE I.; ~; ~Q,I)Q,::(n). ~ ,: l N ~ ~:~ ~-i1'i';-I~;~ ~~/~~~I~ '\: .-........:.,....-....- ,"'... .' ~ ~ ~ ~:l r.;;.)(Js)~:t ' . "~ . ~ I" ~ : -J...;'j "".," M ~'M I u:..!~. ~~ ~ !"\' s: " ~~ ~~ ~. (~.r ,., fib) .. "- ~,,~:~?~ :i-II (. ~"t:"'n.,.A. "4 ...:.'n....o.,. Lh" ,... :":: ~ "/ ~ ,iplj'f "., I' f~1 ~ '~ '.~ (/1) ;:: /I,!"" I ":',VP'~ (,Z.z) .Lot:""'ou i:J.~..J "'.(~,..~'J 7. Sc,:"n:,lic.r .'.'. I .... .' j"" J' '..",...-- ".;u' /4 --!JI.'.- . '. ,.. ': ,..~. ;, I.. :~... I'" .:. ~ "" ....'~C'_ ..,~!. 8!:::"r"'\'" ""~.:;.:;.~~.I' -::v-J::J..- .; j~'-- ..' :~;MI ',:.!i' A '~'I!JI."- ".;J;'('._ ::6j' .>4 ....~o-.- . ~ .' '.:~ oJ.. -',jJt--- r l \ r (~ , 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. ~ " J 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 \ \ 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 I 2 ~j) ~I <J"3 l.~: ..1; r \ 000 "11' 'e I I .Ai' -'.lgoo" .,...____ .... .. \ ..75.69.... .00 1\ _3~IL _ --.J," ... 74.58 \ I 0' 2 10>' ~ ,., I N89059'3S"W 356.59 0 1 165.00 I..J- LANE 1132.64 N.W. '" 1 ImOl I 492.76 ,1l' 165.00 I: Iwe! I I A/ I ~N89059'35uwl, I~:Z I ,.,~' O=It)(;; (10 \RODSII(;; ""';. I I 0"'" I 0 NO g ~~ I, I T''''AB~~ ".,'" I ari-O~ I I"'..,.. \O<i~ IV. S;;; ..- (D?g (10 RODSllg~: 15cri II , u~ ADO..J -~S89059'35"E 1 :::~ 100" .'~! :~ 3'~ I;~ W~'105.0~6;.00 I: ~~I{:i! '",1 d ,.. . I . ~I' 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. I ,.,~ ~ :z z , o. ,0 I~ o."'o<fo a) ,. 0 1<0 .,"?OjOO' v_'1; I t7'" '" ~ , \ \ <l. .' "90o(;:.}/ I I?PO' '~i2 . i20~0" ,,__ _ _~66.75_ _ _ _ ~::.. ~,J= --- 30 30 o '" 30Z4'33"W - - 319.80 '\.. . J" 319.80 E~\-\\8\\ II A ,\. ~ See, T. R. 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 " j Scale NONE:. Book Page Parcel Search ); ^ m OJ < o / N 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 \ , , 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 \ J 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 ( " . / 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 ---..... I J / '; CI"1"y -. .. 1 ' . . Of:' .....-.,; A N,"'O , .JI. verT '. , ) 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 2- / "~Cl ~ .." "'... o ~'" < .. 0 . " " ".. . " . .. Uo r- ... ...... .." w. o. ..... ~ ( \ I I I\) 0 I\) N 0; ( .C> Ul " \' \ ]~ JL I --\ . Pier.on ~ Andov.,r 91 . NW ....r. MN\ 553 4 I Randolph W 1 r 14590 DIu. ir .w, Anok., ~ 55304~ Or '" ,- ...,., " .'- r- .... r- .., I " . ._ ... I... 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TOTAL P,02 cr ..b \1\ \ J 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. .- ~ ~ 0 ~ CfJ ~ g: ~ ~ ~ ~ 0 ;2 ___-4 (/J ~ ~ 0 ~ :r ~ f--4 ;z; (/J ~ 0 I 0 u I ~ --- -, t 0 .. s ~ ~ 0 ~ .. 0 ~ ~ ~ ~ u ~ ~ UJ :!i ~ ;i u < w '" :J N z ~ < (; jE 0> ~ ~ :! ::::- ~ '" I- '" Z '" ? ~ I< I- f. 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'i erS I 0 w - UI.J..(;'j t;j 0 :.: V1 '" '" '- o '- 0/) gc::Hi!- V) 0- ,- :t ~ c:~Jri:' ~~ 0 I n ac~I':i~ :r:<< ~ f- =il~ ,r;:: i 11 ..... r.~Cl 8 ~ I Vl~,_ ~ ~ g M [D R U Iii ~ . I o ..'" .0 ~ o z o Vi ~, '" ' W 1- '" o " \ \ , / ./ 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). 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BLVD I --~;=~~l~~~- ~\@r~ci~;lr [~' ~ :~ it JL~~" ~"{'i.r~'-~:--~~~7]s~~r-l:r ~ ~ J::~/;~I ,'o/. f2 ~: II ~~ I g D ~ .;.V ~3A(,): ~............. ~"~"':':::~'::::.~:.:,~ ..:.:...~.....:, :2 L"I ! 1'35 l!.!lJ LA. N.W 0) ~ ..... ~ a.. Poll Vi . .-- - USn, (/ . I''" -,.... .........'" \ ~..), n.c;tn ~ I ^ '" w _'. ....:;; .' I '" J ..." ." - ------' .: = .- '- 4 c ~ ;;..-"'\ i l:: ~--- == = --===. =:;.---- ==~ ~ / e *- :;::/ / / /:"",,--- /- t.,-?_ ..: ~- .= ",. .". ~: '- " -- --- :ol - , ,. - 4 0; --=~ t..fI'. , " I ) I .......) ,,~;O' ....... --- r __ ~~~__:.--.._:._..c....-'::--=--~------.-': ,'-':.J?51 . '.,'fI. I, "i', I'J I I I :,1 ~I / --+ J , I I /' '. LA. ~ =..- ~ I I ~L~ I .~~' " ... ..'j,..; . ~ ~-=1F ~-==j, I /lls's1 -~ ~ l,'"u [0" ; r~.;'" k~"''' 11:'l ~.:.: I N.... '" 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. ************************************************************************ ~~):<7 <;;'-// /~iIi,-efJr;.L IJNMiJe\ ADDRESS ~t~ J3 ~&.u LfD40 I (PO ffJ irJ JJ JJ ~6~ NAME.... ADDRESS ~ --:2---. ~C ~ I\') ,1 ~{~ 40'-1. I I ("t~ fA). !...; ,...AJ. ~JU'L NAME. ADDRESS -i(; 'j)' ~ i? ~ 4/01 vr o. ~L;d;Al IAQt NAME ADDRESS j b D ~ 4,'2.\ \~<'> "'" l...l'< ~tJ , ADDRESS ; h)o~ ,o~ NAME J;t> ~ ();;; / / It, () 7 ^- LV'- AI tV ADDRESS 4~/ 9~ J:k~ NAME ijlc}/-/~o'r1( M, l7.u.J. ?h ()J:fl VYJ-'YI . ADDRESS ' '-{/30 I hCJ TfI LN AJLU 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 .' . _ ;__-rtLLdlHifrLiLJ12c~_-U1n~~_----- -- - ---------- --j).J:y4-l-9.f!.~-- _u_ _ __________Xaj1{ _ Alek __ ~()rdaI15 -j/{ldeMrt"e kczclzer.___ -Z om !.(//'/I-ty MisJfltr /z; 'f'>yJ/Y:(<j ;'C2/U't!rl1 tl/;CZld'---- flie Sfffss Me i:CiaLa" t2i1ff Df;"; ~t1:I:Y f5 a~;~ In Jt) ill ~)/'j It. !l1t~ardf1 f1 _ n _ 1. /; a !/t _ _ >eX _ abouf );(}uJ #7&.J are be.i11y_ titl't'.<::hQlUd 011' '/IIf'lr J '7 zr ___!D//T__bliLdil[aJ:15-~ mC5~{Q./d{(LJ-1~ t/t'y __tL1JLD~LJ1l'd el!1e/ --- ______is f4laLfjd_adf11.1/ --J),<, _{:/uJdren ifl ~LL ~~"-AA~___ /5 t{ _-,tltlldec k L___jitLda1.tj?ltL-[f;_.-1~j---J!r.s.ft"d 10 t14vG ___ _ -.So- .J27 tlilj__;JtejllL__.-taL'f.. _JldatLL ~ljJ,t______!k___l5.__a __J!,ild. _ _ -:-n 5dt!.dfJL f W i-fl1 sit{UlJ-~aj tLL5_n_a tLkL _ _ _6Lt {C-/S J___l4.5 __ '--~-J{1aL_J.(Sf?CLt ___;;(____6/5.___1; tJji2t - ailC/___ /t!.vrs.-Jeu:/L_ _ ___ fYl-tll:lJft___Jiz1tn__ /-ll!___flo{lom-__...k' T__A'5 _ hFd r-l. _ ___ __________ __-Air/! ~l)i~--hJlJ..tJj--- ((jJ{1td____ hIS _ -!:un&-tlt1ct.__ __ j/l-f____71iLt1S Jz.1l1/--!:/;__ _fu_.Jl5Kec{ --.ft/._~ ___h~_L<)__JJe_ /Li/(d____ /('VI-~ UJ/--I-/) {-fIe bttrfl_L_&llli!J_ ,-__fiL__t/'f.;J!r:~d I-~( -rt.l5_______ hne_ 1I f asPeL-l1iJ1.1_Lul~-&LlP.lrO,i~- _parf ~f________ ___ _!JVi'J-__Lr/lih __ fA f_u_1)ttcns_ _WCts} UU &0'ck' Scde-<', (~7:_ j7avG.__ 5CLmu'J__f'Lt"'-. .w.6;'./;;'c .t'he, tI"-,L ~ _jeC7Ji.lli--e- m -- -. __.LUiitL__f11j'_ If.el1d.s-,-_~__.0J2o_aSk'-eC[ _jl(~__l-vfJat_Wa.5_ ___.n_ ___jiu_ _/In{ird~ t __f2a[j-__?__Al{(k_SaJd.,~>:r _t;{c/li__a I.ll/a:; 5--JeT- - ___ _a~/::J---_w./~--,f)7j1Ih.-C:iLdSJ!Ja: r don'L -cl/tUt':J5-Jel czlcy ___ ,_ULl..f6_ ..J11j_12rof!lcd _e./+hLLL u ____u____ - -- --- ---- ----- . ------ - - __ __________ _ A/it!!. _JS __d!? O(t'~c::p ft/rc:i _rfl[?(c(r:'._ud;(lo(__ n/rn!!)u NiJA. -:,S,LlDy i:m!!J .ouS<" I /;fe ;?''''d'''' pcztYn ts Ond j){lrttS PIl (ods (i'r~ V-i':1 /11 [/o/V""?! CU/fll flJ.flr {lAdclr't!7 -'1f7{( fli't ~d(J('(dLCt1 +AttJ i/1:y- __.___-LtLe{IL(~ . &-J1L--;2OJC!1i5- ___l~aJutlker- al ,~('/7(101 Of'/- tJ-I.LjUlclf bC(SI.5-,-'iJ7~ 1176. ;:(:ort;/Cl!-1 u./tJfk'etX In lJ19-tflMffL ,c{Jc,h u/e'~k. __1 ~flf2f7 #leu! Y:!1L5._Prc! Okfl1 (' d 11 __ _111--_5 olvc:~_~r;jjlcrtLf_.M~'fu7 fILL-.L/lddrt'f/J .. ___ j;{t1L._~ddLLZj' _ _tln-!f- frlofe _~eS5___Jn 'f11 r: I 'r __ __ _ _ ___ _ Ii tl'~ _ '__ .Ita )_L __ i~€-tf2-_iI1 ~ ____ dldd/o1-_ .i I? IJ1 [!J.cl-- __ _. _ i{} _ Ji7 t5 511t(C2 ftc'/? , . _7 t /s - {t Jr: ("(<.J . em!J ___ _ and _ H .SIZe t(/C/_ _.j;'(._. .rZ:S;2t~cRc(. - - - - - --- / - __~' flt_fCC-!}-+-_ ____ -. - u. :t;(/!1I0~- fj~ / Jun~ z /qqS- ". J wfwrrv lhis may ctJ/UL.rfL.: I. ha ve., known, th~ R./ordan a.nd- 8urm flLm-t' /t'LS tf(nce. lad /luJuJf 199'i. .r Ind IIleln ti~ }1/tLS ;'<"11 ton, &h.ou (. w It erG .r iea0 ftrs! :;radG. r had I113-U .R.Jordan... t/1.mJ cla...ssro()/?'l-- tlus Je.ar. Mait Riorddrl.. ujas ~n~ of' my ft'nest./ we-it - I7lflnner~d.) Iz~? Y.J w~-lL ecc{;'ustevi. J'/-u...de..ni.5 r Aa{/~ /zad. .:z: a-l-i-rt'/;uie mud () f -fAtS to ihe, UJonderl'u/./ cart~lJ//u.lt.leJ It f- ,j /; d':J ra /s ~d ,i1- . .I hu,w 7! h<- /"est Ill' .~;Al.- c!u'ldr-erl- La. t/;a-(. f;/1f.t'/t'-R.S alf~ d/ld ,1olot. tfz~ h.jh(!.5f ctJlnrY1!n-ts -fir iAe.~ too. A fJart' tJl eVer!! cA-l;(ds /z.~/t'ne.s.s (;l/)d, 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' MVt.. 6e.e-/'U.f..,,0lrern~(y, ~'n~o/I/t:d b~ ~olkn.leertiy iht-lr -ttmt, tL-I1d cfefVICd 'IV Our sc../uols--- 1"'06171. jJa.rad-~ I,:dd IN;> cj,tL/GronG.>/ e./.ertCft! wor,e.J a..ruL J -tudent t'n. vtJ Itli.mt..~f. h/'b 4-t ffM 1ui:z1 ~/V ar~ ~ry hriu./ltt.-tG tv All r/ '- fA t.J~ -fd nu ' t:. ~ t 'n.. ~ u..r CtJln.;nt,UZt '/.7' 4/1do Vf!.r has a./WCl!jJ ~-et../V I( t<.dfl'".e.rtt'.ftd // &tJ a, ./.un.L-"!'Y or, 'o1.-hluL, COmn? u.n"~ t n .l<.JIu'LA -;. /, 'YG. j 0 0 ,( -f'1t.rn'!J kk tS J-frusuL. 1I,:(;"t n1 fAG Rf/)rck'L f Bur/LJ f~/nJL,,'l.s /l7oY~ /J1,bJ 4l7..dov~1- ~..r .b~-uv tt . very I.tJst' -/;/1/(, tit 11tA.~J}ct.. -kr t~:s ''a.d. // 4/7 . 11 f-:J h.-bdrllUd oL s,0 ",I.J... bL. d "'i:}Ated -10 h" If'- '-lhes <- L""'/ , fJ"-OflL. alYUJ';J,d fAe"" / I cerldt'nly l"j)u..JcL w~LcornG -tlunv t.n.-a Iny l1:!}h-;!,,/"koeL,/ As a Id~/aye.r t'~ dndcyel"; /f u/s~is ttnd- $.t<-t'f~ dc'!Ju.rIs /7u-, tAd ';Pur d~ CoIV1&i Z IS cf'JJ~ k':J -i1J.d 1/6.. An<'!t'~ d'sSO/V0 . TA~s~ arL., 111(...- aSJeliJ ..,f; tJur ~ l11-/11-unt' i J . JrL.. w() tdd.- In J' 0 f;r-tund6 If We, had mor.€. -/tLmt:'/t'l!.f Iti!.e iJuJ / , L ur,J& :Jour Ct") council io re- eVdkale -l Adr J''':)JeJl/o/I.J . TAu& #m ,./a.! t1 r~ ..v !o,Jt-/-/Vu Jood in -I/ue.nce ;:;'1" at( ",I' t,L.S, js IL/'b -educt!- t-or all.c& t/U r~J,dJL/Lt ~ I IIndtJv..er) tJur c"mmunc'1y /.5 luuey -!o 1MP'e- J'uc.1v c!Lde'u.I,d J A:}A- J!e:i./7'/arL C/f/ze.ltS. d?t'nc~r~/.!t ]J t tLne, GL(cl.a/L~r ISIJ.2F (;uarczru' J{ IInclove.rj ~. 5530 'f 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 j 0:--" -, ~ .1 ~ ((t,#. ,. r.;'(Clt~CLJl \-,,- (YJbtiyt/~<~-/ j ;;;f<ia')f. JO \ ~ J;c ~~. [b-nebiJ~' , / W..e.. ~Lt..- ~~Cl4J'}t .:k~ ~ M""4- t/3t~n/lJ ~fn-v /q~ 70 /9'13, U./.u ~ ~ "/u""i./1(.., ~tt~ .ta.eh. o=cIWc.. ~ . nr~ ~~ J:::}:;; ~tx' ~ ~r___~ <;( 0Ui.. ~7~~ ?nc~ / W..f. ..I'tL?-r?~ {,..~ :'cntad, dWt. cU~~ ~~ aAd 0Uh. ~"f~1 ' , " ~ a ..6-t:-~~ H-ttw't. Ac~. a :n~~.u t:lrLht.. 10 <-e.- cv ~d.. /u~ 7b ~ ~ ~ '. Jeunf { .... . ~ 7'10 (ov~J... \ A-<:jA.vu' t?~JL' -tI,~ -t:::hd~, "=..1 ~ ~ -/~ ~a..J .Iook c~ ~~. ~.Jd. ~ CrUll. c~7} a.rzd /1-e/7O-C-( ~<"'::f~ ~LtI do C~e ~ dayv (;;hid i..a.. ~. ~.~.' ~ t7fLe,t ~~ ~ aL:w 8t! To K"77uu ~~ Cvnd Lf;~/ C/J1. ~ t,~ hem. {'~:?ua.. an:.:C ~Ln~i /J ~Y7L. Zi!J ~ tI-;,cncU~ ~~ MJud; we. ~ ' ~ &w a,~~~~ to 6e ~ tc ~ . ~-:( 'ct<.... ~ con-rud U/.V' cd 1PIn.:L~ t/~~/:c/"1 . ~~ 1;;; r;y~w .[~ /.... 4: ,.,., S'4" /?? /1 T ~ -=0 ~ J '. ./ " '. / ) 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 .I , I CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 14, 1995 at the Andover City Hall, 1685 Crosstown, Blvd. NW, Andover, MN to discuss and possibly amend the following Sections of Ordinance No.8, the Zoning Ordinance. Section 3.02 Definitions Said amendment would provide for a definition of therapuetic massage. Section 4.30 Home Occupations (, / Said amendment would allow cabinet making and similar uses as a home occupation. Section 7.03 Special Uses Said amendment would allow therapuetic massage by Special Use Permit. All written and verbal comments will be received at that time and location. Additional sections relating to said sections of the Zoning Ordinance may be amended as deemed necessary. ~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 , I / 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 \ 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 \ 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 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. ~ / 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 / / Page 8 / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -95 A RESOLUTION ESTABLISHING FEES FOR THE LICENSING OF THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS. The City Council of the City of Andover hereby ordains: The following therapeutic massage licensing fees are hereby established: Therapeutic Massage Establishment Single Application Fee - $200.00 corporate Application Fee - $300.00 Partnership Application Fee - $300.00 Renewal Fee for all the above - $150.00 , , / 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 / (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. ( , ( / 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 ff0iUY'. .' --------....;......,... II -~ -- . I 'r , I - , 3" , - 4V . I T 3 t- . . Ie~ I 19 , (1\ v:: . 11[, v\!, ~ ~ ! ,,\ ~:~'(-{ , " ,". , , ,4 . ,f' -~ / -IN!?':/, IAN-j 4MEAOO,\,WS- I---- f--- t--'" l'- -I ~, ' I a{l? ,---~ I 'I" I , , 1 ' g-, _:: I I,--- r- .,...J-.... · 1r \ _ll ~ ~....z.e+ ,. "".. ' · ~ ' ~ ~ ~~ 2 -It:-'- ~~ I d:r - - 0Ij;))i)))<!1.i</j00~...e...~m W ~ ~ ' ~ "" 'I T ' , . ~ :: ,....i<i> I'. /./ . I i :: I ,.:7/ '<-....:::, .".' i :i.. i>ii~_, ,AI, K.' IE;\'RV \'-,D G' _ ' I -...: ,<it :4. \../ v , ~ :' , \ \ .,..H ::r ' ,- " .-- 6 , ~ . 1 . ." .,' I " 4V '8 ! ,~\' ' , "V ;/" 0 '.-;\il.::~:~~,~s~::.~l '-~~?i~ -.\ :.~:;f'~.d' ,: .' /, v j , 2 I i f~TAT,ES I '" ' ". v:;:::: 4 i !~; . ", . .--.:: _ 1 I...- I ,/2 I '\ ' _~A.1.~.'O_'~_ ~.t 2' '3 · 7..... ~i I _ ..' , ~:..' _ 'if .! ' I~ (' ~:. 1 " ~iS,T' ~ 4 ,'1 ' . r-- " I- ~ -/- - -! - - i ,41 ': ;,. ESrA~ :.\ ~ ! I I m I - - . , . I rL Il>ltll"lol ' _ ' ,^vpo~s 21>10 r.orJ. fg ...,.. .II - I v, 1,. 2, v ' ~ . i _on ~ ~ I /~--- ~-__ i L:UNO'S -ROUNDiLA1<E. . ESTATES '. ' : ,~'.":' ~'I . --;-):~ '--' I 3' : ~ ..:/ I '4 . ' ,:, 'i':, I, v"!--____ ,..-" '''U. ~;. "1 ~~' ",~":""~I' , ,;,\.. "~ill" (,.~ 1\. . ,; l ~_ r/f.~." ,~/ , 1 -.L,S ,"4'" <:AI7:~.. I "'1 .,. 't!Nsofl-' f-"'.' '''" \'0' ..~'7;;.~.',~ II ~ " .,. ~ ' 10 '1.-<' ~ \'~ ~~. -'" ~ II 2:'N1' _ LII~\',..!.'\'\'~lf~ \~~_"~I -- . tlpIO~ ~ 4 20 ;-ii,'.fr1~ ~ l~""'(Y"- :-7 a-~2Z/' 1 - - -- --, ,. o~~, \z' ;- "J ,rr!!':" '1~1'~~:lb k~j I A '1+----- , ~ ,'1 ",... :> i-;J;}t0~.l, p'~;, I I ft.aIlX - I I ~ IIG r! -::J--~., --f"":" tllt6 ~61 ~- - .".21 12, 4/~ !~ . r l:'R~P.Cf,J . 4 " "00. "ill '-'-'" ~~ ANDOVER' "" ~II J2 rE 'f.C-/:"-- )l 'f j.ll] .. -.,. - I. 1 ! I I-l VI' .. ~ ~ " I. , ....--;(';:;:J'! 1-+-:'''''1" l"!,,r~ .'. _1 L ' !' <<m-::.J>;- ,,-;- -'- li, , .pi!!., , ' "~: ' "" ?1,{", . - \ 1 - + --;;;" ", ,- :il ili z . AnOi-.--1. " ' , ~ . 1 ~ I "y,,'f( ". . ~ -..j"; '< ;'1;:' J,... . " I" ("~ '.i\~~\ot, 'COMM'iSSIO'" ~ ll~!j" v .. ?EH~1J1J'Y ~, 5; ,~~ '0 :fA:"\': ' ,...,:,- ,~',., '" · ~" -,-;'(.-l,,~l.'-;T'.I\ ~ ~24\n~ t-V'-.' . 1,-g-lllR'~lI 6 ~'W / ~ 32 ~+ 1 9-71 12 rrIO~'" J; 10 19 , .!.., .); .. 'l-:.. PLAT~NO.I -, 01 <," .~ ~.,:" ~'L!.l!_JI ,. , 'I, . .J .. ~L ~~ I.UR A:ii...: * I , \ VH/ ~51"'" 6" ;0;" ::' ' 0(( "( , ., +j' ill --T----. pr; ,"4...r-."':' l1'nO-' <=== ~ ~ ...1 r , ' M~i~'1 I I -- ROUND LAKE I ~:::J r:-~C OO\" ~O 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 , j " , -j 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 " / Page 1 j 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 \ / Page 2 AGENDA t-O / '1 , / 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. '\ / 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. \ / 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: , ~./ I~ ;""''\/' / . 1& . IIES!~TC5 , " / _ r\.LJ~ i---/t...:,.( , I ~, ~_._.L~L_ . .\.- I ,~ ~:5f;. I -<\..'-:1 ,.=--,ft.o' h .l I , ..~' .' \. ., '~ ','! it5!'r<':' II .It II 'IL.'~ " _ ,. IJ ^,~ h ~ ~cJ: : I ,~ , ,el I W : I. I' :' .::. ~ ~'~ J I L' fUNL). t:i>- . /:) I ! m.mn , :~~lr :- 'f''' ., I ; i" . r~ ,7" ~J / ,.i '. ~ c.-.. " "''' ".:., ~ ~J~~..$Yfi:"" -::;;,; I ' ---., ~ i . f1!" '; ;~''''''-::0-' :;..:: . '-I '-r---;L--- - """"""":rtE:l.DSi; iADl)'j I t I ; i I' II I ,rf':s""'roN-"""~ ~. ,"1++ -'-I~' . .." ......... ,. ~~ :J, .,.. . _ '. '. ~ ar.rcs '/ ,!;;~' ~~ : ~ ~ i ~_~. '\ Iii i: i' ..,,+~. .-,.:~~~",::: ..:.. .J' "F1[~.';; ;:z.YI- J ~ \~ ~ \ 'I I' \ IS/_. ,.,..... UTATD l I T 1 ..,... CRCFrRN'~ ! I -.' -" I ~ ,:,,~.. 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' ._ '" ,'~~ ,,"",",' ,'" 0'" ",,-,F" ' ::~...:.~ ..;.;.:;n 'X'~~'f": .. ~ 7~f.i ,~I ','[',' dd~~-?\"""~N~' ,,N.:;.IT (1 ~ I 4:,'1' "':'7:" : ...1.... . ....,~ .... _ JI ")f11~C'VlEW' -,.' - 'Effi.~ 'I"I.! I I I lii- -.. iJ:~ ;:';"',,:,'" ,>i 'E' ~, ;.; if, 1,Ff< . .;. ~ - 'Si.;:;; ~,=..' :' ~ ,'~'" "I I I I" '-p ,I 1~"'oi,.;..;.;71', ::' _~_ :. -:1,~/k.,cc; 1:;,= 2~:::'~I"'''''''''' ':" r';o.w.wQi:W. H1r--: . ; :,r,.. ,;;,.; ~;':J..:l::'~'~"/~'~' __J.'I~~~~~":;:"--.:" '\ "'0";rJ5;~:-"T'.~F.;;;;::r:~~'; I I : r WAT'b ;1 ~~.'. :.;<,;.,;..,_Z -Jf;J, g t-==i _Ji I ~_ ~~ sua ~ ,-'i':-=-' .PIVIK' 1 GA' ;e:L." "'''"-:iJ'itJi''''.',,,, RF' (il \;"~!!'7 ., ..." ~ ~~. ""'~~,~ ..:!EN ,,,m. ;1-; ~b:O"T.~;;~, ..... ..'" ; '-; _' l2 I ~-::' "', . "'.- , 1c<"~ ni, ''''''''''''''''.,,1.. ;"'~ jr.;....-=:;;;,lwCi1'... '. '1'. ' 1;]0)- ?S:::--x' ,CS j, . _..,... . .: 10 i~' II~ ' ,'~~; "'4./:....... .. ~ ':!, , ; !~~"I.o ' '''~_ n =-"?J....,""'~~..":;:.; '---:0.'7.0.1>< /. \ ?/'" s:::l ~[t. '---..! . ..~.::;; 1I,...:..R..'.7.~...~ u ~,.." ,iR'1lJ!l"-~'~'';'. ," 'PooW_" q :; , ,.....",.. ",~_". ~,'_ ~ ' _ ~. ,. ~. ... ... ." . . '.' c "... ...~ .. ""'" ,"~ '=" / ~ ,,_,' ,. " "_",, "' ~, . " . ._.,,= ~.. . __'" . . 0 . .,1 .....'"....I,........,.,";.~b. f/ G ;1:' '..,-;-1 t".-Il"........IK- " ;:::ii." '. \~~/Ii!!{~':" :,...-.'..'...", .'..... _~ ' ".. . . I -. . '-' .~' ':.'T!'t"...- " . -;r;.i" ~ ~ ~'_oC ~,,,,,' ""._,_.._".,..", ,;," .,,,.,.. ;"o;\\~~...~~~q,~, : " ;~ L I -- ~ .~. .. I . .r;L.C1t'i- ,: '.... CITY,"";:' 'V""" -- .'":~ - ~~'-" , .. v-"r' ,,_,.,,-,<> .',;,'1...,., ,~~,"-'~ .. ._......, :...:"lv.~-".~ ...,:.;.~ I I , Ii -- , ~lRe OEPA.FlTIoENT ! I ! ,-'- .. ! , ~'....- .. , . I /,?vUND LAKE " ,I ......:> / " ~y ~{\(L '\- X ~ "'0 Z .l33HS S.133HS Z "I:: :--. :!:a. ...., I !"'.) / --- --- 0./,"">__ AI ."I~!i' -- '~$ .. -::) IS'Zl"",- ....~.<o..u , ::c ~i I .. I ..- '(.0/ :Ul f.-en .:....., 'II I 113311:l N<Xl:l-- / S.r~9~~~ .91,~~.~ 11 W 1: ~1 ~I I I "~ '.. '"" -.,; ~; \:~ :r, , ..... ~ t,;: ... ''''": I J I I_ /o-- ~.~ I .'01; 1.,. ... I :t ..'0',,'" I '0 ..\.,." . I I I ~. .... ',. 7.<: " ".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. \ ,I . / S /G;Vfl7U/c!E Il-("C/;~ l'Y\ '~Ul<!1"- 'n i[)tu~" J, Jiu.0L /.. / - l'LtUl' t If''vUiUJO t~~ &6!(J'7~ 0..~~t ;}Hcn~ l('r ~ ~;..y~ . ~~ >~._._~ -JF I( /'-/. v,y.., , /-' , J.t ~... ~..,~ "/l:tFt.~4~ 'V.JLf~~ ~~~i ~J I '-T;~C(J:3 i:C; -' ,~X ~, .c;( )P~. i~ c~~ --. ~ " \ ''-~tl\J\~l\A\.;\ I'U) .J .111 ,/', 0::... -;;;}V'<~ {k i~~Lt - G 'J%tutA 9~~,J . [", (..fv.v Q , , ~'-t: . ~ / -f!""-'-~v ~ur14~~ ~cj/~~r.-.. '1 )3"'" ~ (~t1hv ':% Addl' e 55 " Jill-151rli f'w.c ,0 uJ f\r4 0\1<<' ;;rJ:J;) - /.:i977f tU-e. 11!J &t:"0t'c:U /3C13D steW U~ ::rt N~U OJ~ /3']95 [(~( ~ v.;.U~ ~;U(,() Cu'1('kz-~ ;, j. " 13'13/ ~v Sf-' r{tU (2.~'u //Y3/-- I, ~ I ~ I "" 1)~(~3- ~ St, ~tD ~ /3QYJ - /,k,-,~" 51 be; .3/.79 . /j// - C'<.-_ .// /. 7 ~) -- - "Z/. U/.!-.A-~-~. r:,"b1,'q, 1u~lt-"CA':J 5f-.r...W /JN~;J!:=L- ~ . . . c 771 '1 .17 I' ,.1 . " .J I J ,?. /.3 f ;~ "I'(/V n i~C"'~, I ?l() ':::c-J\"".:.:.6 54;Ji.v 4--c:&..-~ 3/3 Z /3 <'J TP /Jt'/6 ~. /'./4/ - /7/-101/-".1=72. ~ i if S' i 3 9 tft fiu.t, 'h, uJ. a~>.ve/V (JIb'! r3<:;.~~. ,'\J"voJ. rJ-...l;;~ ~lilf5 /.3 J tl. ikr. If r..I tt 31;1- /3 Cf 1/.. Av-<" /l){ c/ ,( ~d 11 ) ~cl +- lh~ i\; V0 , ( " , ( I, ~~v'UL C~L~'L. 1/-1.... j Cl<L-] a~t 0 rG(' aAd'c",er 31'-\il \ ~-ti-. .~ NL\,) 3,)3/ / ~'/i, ~ Yt LJ J,(3/ /31 M UJw f1 LJ 51/6 /,Jqry 1-1v€. 1)/ W 3//5 /~7-&Ji.. ,7fl--R /V VV /3gQru Ji,-r.':J'JDW)..{,J J .{. /1 cP:-!J $0 - l:s 1 \- Av fV!,.,0 LJj'-<fl- ~ '. ;<P5k /3/i'<-;/ 0 (lml(.ltLJ {;2zlCf:ir/fl1/ 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. .... . _-. '_' . , . grg; '. ~-_._ _g~~__: ~ _ -~ :g:g; .~- .~~- n' g~__~_~ ._ .. g~ -- Q)lal,.. " , - .OJJCXL . __ ~iIl _ _~l-..l. '. Q)."-l ,. -_-=_=.t=--==-=-~_ _t-.=-:: -=-~_~::-_ : ~--.-___:::-::-:~r~==~~_~_ _:.~_ ., __ - -1.-.-- __4. -l~---.-_._.. - =r=--. _ __ ~ . o o ci U') V Pf''''po~ cJ e:....sCt".:..+- I I fl 18 ci I~ -0 _ 'OOl I I' f I , I I I J I - I I 0 I ":il- ~I!! J' I , I \J : I * ~I': 'l-; \j -15 9~ 3?jnlJn 10?jlNOJ 131 aO'OOl 3>1 tjO ~ . +;,,~ t;.- i,5 J o yo ,. CL e. J to 10 Pl"Dr.:.cJ I Ec..s.e",,_ f o o o U') I P,~...:.c,1 st.,.... \'""\ - p,of' \ \ Q\ 0 _0 11m tD 00+0 I: tD 0 \ I I :~ S))o - OO'OOl 0 OO'OOL I j I O~ I I I I I: I 0 g 0 I 0 0 0 I") r v 0 I I: U') U') 10 - N N - N I joO I' 0' J; UU'ODL- --.J aO'OOl I . OO'OOL f '\.l I / S3.:J l Ii I Ii II I' I . 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 $589.00. \ / \ J MOTION BY: SECOND BY: / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 94-1 FOR THE IMPROVEMENT OF LIGHTING CONSTRUCTION IN THE AREA CITY HALL PARK COMPLEX #1 WHEREAS, the City of Andover has a contract for project No. 94-1, CITY HALL PARK COMPLEX #l/LIGHTING with Klein Electric, Inc. of st. Cloud, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-1. City council at a regular meeting this and adopted by the 20th day MOTION seconded by Councilmember of June , 19 95 , with Councilmembers ~ , / voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Jack McKelvey - Mayor Victoria Volk - City Clerk / CHANGE .-GRDER A/A DOCUMENT G70/ OWNER ARCHITECT CONTRACTOR FIELD OTHER IXI o o o o \ / PROJECT: City Hall Park (name, address) Ballfield 2 & 4 Lighting Andover, MN #94-1 TO CONTRACTOR: (name, address) Klein Electric, Inc. 24763 Lake Road St. Cloud, MN 56301 CHANGE ORDER NUMBER: 1 DATE: May 16, 1995 ARCHITECT'S PROJECT NO: 3288 CONTRACT DATE: March 24, 1995 CONTRACT FOR: City Hall Park Ballfield 2 & 4 Lighting The Contract is changed as follows: 1. Delete Transformer TF1 and associated circuitry. 2. Refeed 240 volt service. 3. Refer to attached: A. Modification #1 dated May 4, 1995. B. Klein Electric fax dated May 5, 1995. , Not valid until signed by the Owner, Architect and Contractor. Theoriginal(ContractSum)~~~~liM~was....................... .$ 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 \ / 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) ) / ~ " ) / ,/~ 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. ~ / MOTION BY: SECOND BY: , '. " .~-~ ~~ ~ ~}:;;" 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 I '. ) 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 I ! : l . F---'--- ' <1 ~ ~:-1,' t I I --(. -~" ..-:--~ " ,~ 'I'" ! ',i" , ,,'< .' .'"'\ ., 'I ., ..., ,. '''~) c--" '~ " t , .......~ ~ I I I o ;-' I I k.--J .,,~.~:'~; ,-'. ~---' - ,~I:~;:k~ ~,I "'_,-,- .", ( ~ i 4 It ... '". ..' -1:'1 --..' "':1 :;l I I I ! I ANOKA COUNTY "'t nCM \.[J(.ATIl>~ PROJ. NO. DCSC~IPT1ON I [STIMAT[ UOIOn!;) 2320.000 1,5~OOCO l.e-:e.O(1(' 2,02~O'J: 0-..".....-.. q;r,-'- 8-- 6- L1:M1L[ St..~[ 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:' ).2 M SC :J. CS.c.... 2'" 1C N CC UN[ ::;; 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 , , " \ ;' '" / ,\ \ , I'--~\ " I ~',~-"" ~..l.....-J i !..t \, : (,j' , ~' \ ", "r 1;--'1 ~~4- I ; I -",-~" t~ .,; \ 1 ( , I ~~ r@ i I, ,j , '''(~ I '" 1 I ANOKA ..~ _.~, -, " :--j ':" '--, r' ~' (:'~1 J (~ -' 1; I ( '.,,,.. . , 4 , ~ '\ 1 I... If I"",-.,~:' I i " , ~ i J '" j 'I I' , i ~.,@ ..~: ~ I "~: ,'\'1 "J - t ~ L../ i \ ,1',) I ! H COUNTY ITEM UY'...ATI~ ,.\0' , . C..... ,. O. ,~ est.'"' C~t..., i " (SA.. 1: :::A.... :' ,0 :S.IIo.- , c ~.A.. i' ;:::'.1..- , ':s:..... .- :$:''' 11 :':.l.!- ?} l? cs..+-' " ,- :: ~- " 0' (!to.. 7~ 21 ::;- 1I~ PRlW I<<l 1995 PLANNED COUNTY IMPROVEMENTS DESCRIPTI[).l ?5-C"'-Ij~; '?':_02_n'1 ~~-Cj-",' Cl~-':~E-t:l0 ,?4-E~-O( ;;-l-4j-O) C2-6::-3':- 9.o:-'('-8i c'.l-j3-Q3 (12-~~:--O: 02-61:'2-(1; 1:'2-fO::-(l': (1c:-6~;;'-C',: '?S-04-]r ?,:-C:'-Jj ('2-62)-(1" ~~~t;:;r 02-~7S-C'? '?;-O~-i;~ El;';!;.3E "1.:.:Ni,!,t,["l:S 1995 c..:.:.. f"L...LlNG 1~9'5 Cv::P:..t.v: 19'::5 ;;::;",AL PAI~~!I\jG :,?<l~ ~::;!\jALS UNA:S:Jt'[[; <1' ~::;c PJ::i .it....L ,~"'''JP :::p::CIA~ [V[j;;-.AV;' iH ~ir ,~ ~~T:::;jS:;!~~l Fi.. VD vII'[o,; n;'DM .~. ;~ ECiP[T 1<(.::;(..'( niP T;;':"N:lT HI.;B 1", ,.,. ...c h,j If' l~':...':'NNI"'G) H,-t~:~:TlDr. ~M~ ~T ....if "7 P:D:':: .02~=-t (M::'G~r',"., <l';l'?.l .UNDS' B;?;j'C,:;: . C'2'5:?t A~~~J':'CH::::~ 'l'?'?l. ru"'r: SjvN"'-t... 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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 .\ , \ r~~~j ! .. ~' I ~. \ , ',>,'f/ iJ " rl l",'r. + fil '"\ Lrl \ :, . ~ , ----' ~ i --., I ~ -.--.+-- '-- , 'i I ,~ ":t ~. i ~ I -' ~~~ ~ ---- ~"I I ,.-' ~""" t'ti'IHt:!' , I \~ I I ~~/~-:~!;~ t ,~ , i'J \C,",.; f;Lv~ ,~ /1 i " ~ f";1) ", I ~ ,,.;;..-" ~..:. 1 .---:Sj.;\~---- ! 1.,,-, ) ~ ) '<l : .. j ,I "~' , % I ANOKA 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) _. -- ---. -- - - - . .. ..:~ ~ , ) .. -------,-4 ,~; , \ ,-(~. <C ,---4:--- f" 1-. .. . . :-@ '---"'-''t.' : ,;~ ~~ ." l I ,J \ /" ,-,,, t () \~ i yJ \ ~~ ~}~ ~ / 1 I ANOKA <:,,,, I ~ " c .,-": f?' ' I I . \ ;" \ 1 .(. . ~ . "-.. \ . ! I i '...... li- I " , J .\ l I i .1 I I , I . COUNTY ITCM LDCATI~ LDCATICJ\l 1997 PLANNED COUNTY IMPROVEMENTS DCSCRIPT ItJol ~"';-O);- ~~. <::~-0::-C: ':l--C:-O~l s..... ~ ~...'"' 17 ,...... 1~ Sol.... 1- 02-10..:""-0; Q.:-&17-~: 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 ------- ~~ f ~.! \ ~,J}. ,'._ , (~ I,' ,\.:' r_....:~ I ; u:-- \ ' '-i K ~J i , . '<r' 1\:, f'~~<" I "':"r~, I ( ")' "-- .I ".'- .' \ (...~..'(. i . "., . I ,.'/ . __. ____ _....... ~c---- /' '7rl'~J. ,~" 1 ,~~, "':. _ It,- .~ .~ ',.' {:rii I "\" (l: __,.' "1" l. "'.'\ I , l i .{ . ,', IT':'Mi;:11.;~ I'!,. 'I ,:lj)i I " ._i )'~,'l:_ 'i.., t-;-'r- S~"..t 8-- e- . unMAT[ 25.~~(' 50.0:.;:- 50C,DJO :3C.00:::: 7e",29E: 964.731 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 $6,633,246 " I \ ~ / 1"1-' ~ i -------i ~----' ~~ ( l~:. ~ " . I ~--<<-1 ,--"'./ 1, & '. \ ~.! ;'-,~ '~:(.j/ ( . ~-- : I' J /'-- / \' D ~J ~ I I \ ~ \ r<'.~ \ ,j" 1.\--~ " . '" .'~ ,', I "~ 1 I ANOKA 'f- ~: , <;'1 ~ ,~ ('~-.C 1 J ,. i I i I ,0, , \ ".. .' 1 \ I i ,1 ) I '1 ,-~ ._,-~-- ',~ ',,> ,,,-' . ~ I -:----.- '~:1---" ,r.. i t'1.~ h.---7~ ~ " , . '--f' I :e '. /. I ( "l.}~:~c' I.; ;1 ,), . ~ ~LJ--;;~ ?:/~. I' (r \"'j;:!'~:'" ~"\'II>':"!~'-Ji , J '--, I -, / '. /,' , I ) .,' ':h----,.::0 .'f1~:J.~ ,~ ,.-'-~. /~,i:J-~- \ .;~.-,- ,~ =- - ~ ' ~q" .. I \ ~ 1 ' i'~k <; I COUNTY ITEM LOCATlt)ll PtIl'OJ. hQ. 1998 PLANNED COUNTY IMPROVEMENTS Ie 11 J2 '" :...... C.... :.\.' C,'... C$.... J eSA'" ;2 Ct.H j.l cs,:,- :~ [5...... 73 ':So.", ..; c R 1~6 (\2-60;-:;'- ~2.i-i2-~~ 94-10-14 ~E-G,--l.'(l %-Ci-C'~ 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 ~':'lL GatE <[F'A..P10N (D:::S!GN' ;;>A"1:,[~ Pl-"':' ~~ (k 8~' ~~. "f' .,-,- ~" ",j ---.'- -~~ \ ....<,,-; ,',- " ,.... ' C'l.t:Mf:~.'';:; 'I !,':"':', [\:1: O_OJ'&1("_." -(it-..-: 8-- 8- I l-~l~r ~CA~( . UTIMAT[ 30,00(- '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 " ~..,' ~ ~ i I \ 1.).- ',0-.:. .. ',' ~ ',,- ';\ i _.~-~ >ii ,~ ~ , r "-",_.~._-'- ~~ ~' ~. I I. \-n,.~;, ('.-.j~ I ~::~,,:c.......-,j .J: I..' I -\', + J ~L--3~~,L~\"'~., r. \ ~. I'f'-"";-' "-,: W;f,::",,',' : ( ", ,;' - I ,j' 'l ' ::--- , " i ) I, xL..., . . ' '. \ " t:V;:t'. M------..-;,;,:~-~ 'l ,r",r i ' " ) f .. - CJ ~ -~ - 1 I 8 . ...; f ' i : "J I ",,~<. cOLriM~~t':-: r~_",'.~.-, r-"- :l f --.:~\i~-. I ,[-.'. I '~: .~~' . '~ \ ) ~;' ; ......-.. ---~ '--~~ s ~ e '--\ I !.", / , \ ~'l.L',"> '";", , fl . ~ / , .----<>- ......_--; ] ,~I ',": " ~ ..:. I,.'P 'T.-,~,~: , , ,', I ---:-' , I : ,1-,J ~~ ~ i * ~) I I L,;,..c! i I 1"' ..1 ,'I I , " \~ \ , , / ! I .~ ___._4 t:L'\["~.l:: U:'., 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 ~_..... 8-- e-, c..' ClC._~~_~0 SS-~2-0C 9:;'-01-(00 JClClO F!DC,E: "'A1N:[N.1.NCE :<;'?~ C~t.::. 1"lc.c.l!\;G :<;9'? 0 w'EI<,-A~ S jGClO ~]GNA~: (<I (F ilS rc CD=''' C"'EE:t-. D" ..,""":C'; I',-[;;C,.....,:[ 1.'l'TH '!'.. 10 l"T(~C.....:---.i:,E ~ ~ :-:::~.. i-='?i>-' .1.vE T:: ':S"'" 16 1<'..::. G5i';"II[ !EP:.~,:.TlDN LEGEND, c. c. C"" :!AH ':' C :,:.~ :, ': ~,:.- !~ C:-Ao-; :-; : ~,:." "l;- -------- /~!. . . . . . . . . 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 ~ ., v .. ~ "'~ --' c:: ~' /~: ..,...~ ' . ",-~ ~~ ) !:..':~, i \/~ ,: I i,;~' "~ " .,i\ " ,I I , ), . \ '''.i1 '~ ~~. Al'I..~:I"'}'. i .. ---:( ';:.' I i Co ..<",. "1 (t:;r \... ""n"lit. '-"l, , '.., ;,..... -'1 i _..'~~" .' _ ,..-..-:, . ;~X'': ,.,:~~yJ "~ I J. ) i I , 1 I ANOKA COUNTY 2000 PLANNED COUNTY IMPROVEMENTS ITtM LOClI.Tl()ll POtU NIl DCSCR1PTI[J\I 'J . r;.~- c:;:-o~ '" -O;::-~J n:l-n-o~ 20Q( Er,lDG;: Mt.]N'T[NANCE 2'~ClG [i?':'C. '1_L IN':: 2JCO ~VE"..,t.lS :i}0~ $lG""':'LS (.In ...,,".srN l1'".[F:CH':'NGE .,.rllH ,.... 1(; s;....J1 ,--, ~' 10 ! ' C '-"~~----=-,' ,- ----:--,..-"~ I ',-f / '~ I:';-t; I ,F -, ~ 'q?~,'~)r~ ,~J./c (.,f' . ./ '~ ~~/~- r 1",:/' -',:.::'-'iur,'Y,r~ I r \" ., ~ . i - -,. . - " i (..~, i "/_ ,~--"..t., \ -:-._~. ---..--;-~.~. l j~:-')~~~:' ~'" (~ ,,"' ~...'_:'.>" I IJ'" I ~ 11 ., \ i I [.' i I I , , I ' t ..,.. I ,I ~ !' ,_\ c.__,:~>~ ._"~ ,',......'" p: ~ . I , . tsTl""TE; .4::_oo~ ~J.C(JO 7~OOOO ZOO,OOC 1.780.001:' 8-- e- LEGEND, PLA"lN]N[j, DESIGr-; ENY]J;'ONMEN1'AL OR RIG..T-or-'w'A -------- ';jl,.!.,,~'~~ . . . . . . . . . 'V. I I' ' ", CON$TRUC1'JDN , 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-;-:.,: /-' ~, /;/ --'--/ ct...! l '_ ,;. 0;.:'" r ~ i J ,~. <41 -,~----"'\ \, .J... ,: . ' 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- /, }U) ;JiJ v' /\ /"}"'7':" /1-,...,.,) \ L"T"'" . / ....,u -rr /' ,;;,()/ /-J-ry':'oi/ -:;;1 . 6-uCk5 SI. /J.,<J j i ", . , , . ~' This petition -, Address: (-) - was circulated by: L, / -:>f:'c ( ? (Dr.;' () ,--'J-,---.___ ; / , C' /) -I:!/~/'" __ . _/JJf _~;1' /1' /1.-'- / ,,', ' . J~::// (J r;-'l .7".-' ~ " ,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 ,x. \ ./} --' 1 / 'Cl--'UJ- !7'f/i(//.0 ts<J.J /, +-- JI---,' 2/*,1>,--+ ,. ~.:.-y . J"\ 1_' 1'i \ 1'-/ ! .,-c -; . , , ' ' _'}.'\ ,7-C-1 .;l7cJ/ 179M Il-r-c 7jvJ N~" eM '7 '7 ,-;--1 L--I./ /V Cf i)-- Ii . / ,j /-, This petition was circulated by: L!,:'i~I-<.' / Add ( 7 c- -,......, , <:"'- / J / I ress: --\ I :;ell c-:"<~',~ ;>/ /v~ ,. c' /-.' , '-( -----r--'-> '1'/11/'/;/ ,.\.: "'", -~ ~' '~. ;0 ' \1'\, 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 /7 7f:5 E,k.I..,-<-;~'j 5 l- I 779'1 c-,J t>!,~,i" H j~ J..or.;l C;'"" rl" ~~' r 3 (!, i..cLt- ~ x If )( 17> )-~l I? C This petition was circulated by: Address: ! ... ...............:,... / ~, ...:1'.....,... 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!.~ ~.:~Ta.,+ec; 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 ~-'J/i&i !\Je7C I 'i . ! / V' "I," _ ~~"'------4-\\ " j LEGAL DESCRIPTION ADDRESS YES I) :ry( h.bt'U,J6..r..J J,- f./YoJ I (,,~.i,,<,,-,) '-;1 }\r,\ \/ y/ i 1 ,;'~ ~... ',./ -'- NO i I , , I I i i I I i I I I i I I I I ' I ' , I ~---! I I I I .. 1r '\ ThlS petition was circulated by: ...\(L-ir.~ss: ~ ... '" .J :;) co '. '. ) ... '" 8 ~ ,.. :;t ... '" 1IC .... x ... c .... x ---- i f . ^ ^ ^ ,,:,v v vr < . . . <) " ~ ~ ~ .. ~ , ..... q. I \10'/\\ ' ~ l:> ~~ l~ ^ ~ A. v "'''''d:! t: 11150 ! " 2 .. ~ ., . .. ~ - .. - .. i /" ~ I I i .. .. 1 .i I ~ 7 t. -- -v i .. l F r J ~ I 170" ~ ... '" ... '" C .J Q o ~ ~ ... '" CJl CJl .... ~ .... o .... <( 1IC o .J ... It. ~ i I_Z ..~ I 18a:>o t r 17"7 ..i ~ \ C. 1'000 ~ \\/7''''3 ..J. 17b8~, ~~ Inl!~.l t. L~~ . ~ 7' . T:....., l.. 180'11 ^ ." /78:50 l'tJI1S /78"1" J7a~1 ~ J1~O /77" 177'" " t ~ . ... .. 111+,., NrJE. N,'fr,I Z ~J\ ,...~'-J - - ~ "", . ~ ..." ,:. ~'\ ~ e l: '" .. " . Z".3 z.,. \ \ 17073 , ... '" ... CJl ... .... .... ~ '" 1IC .... ... ... m <( :J X <( o ... CJl CJl :;) U o 1IC U v / &0>0 '1031 18001 ( -1~ ~ ... o 1: ... .. .j '" j '" n ",,0 3 '7" 1 I r."........~ ~~~ ~ '" ~ ., ... .. ~7'~ ~.S' 17'1 IJ 17010 1 I 180.0 18000 17"0 ... '" o C .... X ~ o a:: a:: c " ~ 1&0., . 180012 17'31 o or .. oj . 'ii1 ~ =", IWE ..: '" z Q N ... CJl z o " :;) ,.. .. ; t~: i . .... .. '" '" " ,. '" NW. o .. '" ... l~ /1800 ... /1801 " .j '" ~ 7H o " ~..-.;: '" Z'3' 2.6"'812.?~ 2.631 2618 J7/ :1.1 r-'\ G .~. 3 '" 177~3 ",' t'-I/O ;; ~ ,. '" NW ,..: CJl ... '" LA o " " '" o '" " '" CJl il x z .... a:: ~ ~ '" '" '" '" .. .. .. ... '" z o a:: <oJ > _1 I ... CJl a:: <oJ CJ Z <( .J 0- :;) ... CJl ... CJl ... '" Cl ., '" '" Cl ;;, '" ... CJl :r CJl ::> a:: :r .... ~ o .J .J <( ~ CJl Z <oJ > <( a:: z z ::> o 25'85 25'35 ,_:,~.. ,.- .," : Ie<<>' ~ #. J'fO ", '" ,. ,. N o '" :r oj o " ,. .::. o ... ,. '" - ~ ~'\ .. 1.. ~ '-=-- ~ ~ ~ l ~\~-;, ~ "Sl. lUll '\ '~i ..t<" .........~J i' 17]:-;: z:r;75 zn7 zi-<< ., !~ / i w I 17HS ~ i ~ ...... lit N t770 ~ 17J17 J7}f,N '":J 17357 -- ~ T '/7376 .lliL 4 ~:! 1732.2 ~ ~ ~'i#3 ~;: ~ /~~ \;~1 ~r:J':_~, ~ 'I\"""~d 11/.1 /71'10 <:: '" - _177"~_ "'-~ 2730 ( - Im~~~ ~~ y t " 2.~38 11700 '" '" ,. N 1190" .. '" .. '" 11- 174-M 2~~ 2#7 <.c: ;,,11 z.S7S . /A 2<1-30 .y \ 2+H I 251>2 1251+ \ 17330 IUtJO r72.~ 17/7'+ 171~ ~ -..:::::: ll'lco ::; z---': ~ , . 178:50 ~ . '" . J7tco 17750 I"'" .." zUl> 010' .. 'z~ Z,3.7 \ t.. L - I1~OI /715/ .nol 177.5/ z:ooo <.3'5 c4.. Z316 2:319 .. 23bZ ~ ~ n~91o 114Z.8 113"<> _. 17280 17ZlO "iV- ~ :: E.!: ,"'11.';.0 z~... _r ~ ~ ,,'Y 11""" ....1 ~'" ,'fY ,1s'o ~ 17800 ~'7eol 171$0 "4 I '~I tl" ~ ...-:w \ ~~ . "':;/7~ Z:ZII'50 I &2.0'7 2~~ ..... 21'" .~ ~ " Z21] 00' I uo.. Z181 zz~~ ZZOO )I' l- :1.281 A' /\ ,lte ~ :1" ~ ~___I _~""-"'I Z~A. ; 22:50 17~ ". ~ p'!11 17Z81 ~ !: ZZ51 z.%..D~ ZJ~ ---. 7-lg~ ~ N '" mB ~t'2? ,...,,11.~ 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 \ .J l'-', ; \ J&Jrr I flil k,< .~ .?/ ... . "-ollC.-S ( fk7C/- /S-/~! 11-{.,Ir:J./~' 367 t..f - / Sf Sf-- . ^/L,,) sibB - / J~ 3Cj() f - 'f1 .s :3 7 'i - /:1/ sr /1,12. /7 Lv . / /7 t/v " ) This petition was circulated bv: r'/ ;:ftt.. - .-,) .., --? ' (7/ 5 r- ?I '..:/ )1 I Address: (_-, ,7u;:)J- / J, ,u /l"'1./r:.. . lu, u.. F Y; c_ k<;iYl /-h7(,/c:~,- J'71/l/ 5S~rl , :J , ., ) 7 '. . / 1 - --, / ~ :. \\\0 i / , , J " ~ :;; ~ ~ ~ ~ ~ ~ :;; ~ ~ ~ = ~ :;; ~ :;; ~ ~ ~ :;; ~ :;; 0 ~ ~ ',; ~ ~ ~ g :; i ~ = ~ ~ ~ " :;; :;; ~ z ~ i! ~ . " ~ ~ - :;; ii\ ~ ~ :0 ~ e ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ X ~ '~ ~ ~ ~ ~ ~ ~ ~ ~ ~ t a " z ~ i .. 0 ~ ~ ~ u ~ z " ~ " ~ .. i ~ i ~ ;: ~ x 0 x ~ i! z ~ '" " " " . ~ ~ z " " " ~ ~ x 0 > '! l' ,J i? ~ u '" ~ " ~ z i ~ i " 0 0 0 z " ,~ .- II < if ,"'. ,_ '";_, 'll (;I-I~I!I~' *:1 ~ a- I (c. r-- r'1 ! "I ~ ~!. rf1 :::1=1: 1 II.l: Zl!~ .. l I, ::\"":/) ~'''''ID..t ~ 110" ~\ Iv "~;-:::- '>" \ J ~ X r r=d7J "., "~ ''1 """. t, ' /-"'1' ;I ~ ~ ~, ~ I~ ~ ~ /7141 ~ ~ ~ ~ :--- 17"~5 .. 17'''' ~l b~ ~/'7f'7H! ~ ~ -=- r -4'-;;'-;(! I ~ 'f;~:i ~~ ~ 11 ~ I ~ ~ I ~ ",,: ~ j~ -- f\4 "'so ~"""'I ~ ~~ y N ~'S ~ lP J.'t"'!!'. "'~ ~ ::::', ,,~. "'0' ~ar o"~ ~~~~r ~'.,o ~~ I"., ".. _ "....t 5 "... "'" =:- "...l ~ ""''f ~\1"~ ~ / ~, I ~ ~ -~ .,0<4 17.., ,... ,.,.I'f 17620 1~1"9 J7W.O 1'lW7 n~ ",,,)~ ~ F- ,.,.11 ~ I c;:. ''''0 .... ~ ~ ,,,,, '11>> "." ,,_ f '''''''' "$Sf ".~, , ~ 1"3& I1S", J7'l4~ '71"31 J~'''' ,~n /J$U IT f "1 ~ f----'- F"- ,~H 110 l11n /11a I ,"'. '''0' n "SLS R [I 11)11 I . ( I1',J I ..: I: . 11 1l.,-'8 11".' .. .. \ 11"/0 ~'I1"" ." MI'J '" %a 1745'0 JiHl : ~ '- - .- ,... I- "-"!. ,.. c::,. ";{.J. < i "I ~ljjlfA4mfl~l~ -ilf~lil-I~I_ I... , ..., ~ ,"',. ~ ~ ., .... ... ~..~ 170#.4 "'- ~~, ~1"~1l1 L~lilJln1~-,I. ".!!I.lIJQ/ _ ::0.. - ~ ~ _! \\, ~l,JrJ I"'"" Iii. TT l ~ #f..,;., 1/1.... ~ "" -~ / l , II i ill-' 1!Il" _J,. J o...I.....I.....r./.....1 / I~"'" ~ i'--..I II I lIIIr I I AI~' ,mr .,... 'i\ ~i ;11!1-l""JJlh 1 f--- l~..A r i"IiJ I II f J !lU I , J I J ""'" ~ ~ i- ill J E I ~ 11 J fA",., :: " r--\ -:-l.l-/ .in-t, ,~ ' . _ \ ~ ~n~.r~_ \l( ~ - '\ ::~~'{:/ .rp~...~, ~ !llIi i ~ ,., ~ / /1 r! I f II 11,,,,s i " ~_... ~ _"/ I __,'I ~ ~ - II, . T r. :: 11.t J; : ...'" ~ Ll fin. .-- I ~ 111'L In,) -ea 1171.~ ~.ll..lL \ I ~ ~ ~~~\1 "'J, ~~ - # I 1 / 1 , [ I . . L ~ I '" .... ) .- ~ """ ~ ~- m> . F-i '. ~ ~~~ ~_: ~~ , r{~ <' ,,~ ., .. 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 ( ( , ff: I" ~ (:~ , ~ '-'.' " ,~ UJ t- ,<1 " OJ U\ ~" co., ...0 , ....... t'1 M L ,. C- r ::> '" , , ...J ~ C' e. . '" ~ " 0 f->: a. 0 ~ l- n w '" <:: n. w '" .. ...J 'd '" "' , 00 0 "' 0 - << :>: Id I- ~ 00 '" r OJU\ ,.,.. 0 0 U\ 1.': '" ,~ , " 0 ,- - ,,' I '<>M ", "', l'- ~, , '" ... '" '" I- " '" <> 0 "0 00 til ,<1 <> ", " c- o, 'J:Z _lW' 0' "', '" - olJ1'" ", M '" lIi LJ, '- '" c' ,~, III r.-, In ... a. - (.j OJ OJ '" , (oj - .,- - (j) " .' >- W co 'f! "" :z: w 00 l{, " 0 0 r M '" U\ 0 0 0 0 0 0> 0 0 0 0 0 OJ 0 l{, , i- 0 .-.::. c' < 0 :k:' , - u. ~ Ul "-, '" ... M'" "'''' 0 '" ... 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') ""I'"" ;0- N I" \0 ID cO"'''''''' ~ ~-:?L:;; ~~ ~ ~~ ~~:;:~ 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 --- Cl '" ~ 1: 0 Z ." I 0 ~ :>- ~ '" '" OJ 0 0 ." 'U ;:; H OJ t< CO '" ." '" Eli ." Cl ~ G) OJ OJ H OJ 0 '" '" G) 0 OJ OJ z r :>- til 0 CO OJ '" ~ '" CO ~ '" >< CO OJ CO '" ~ '" OJ H H I 0 '" 'U a ,," co co '" H '" H 'U 0 en ." Z '" ~ 'U . 0 co 0 '" . >< '" '" 'U 0 . OJ ~ ~ . '" ij '" . '" '" H co >< t< ~ co '" co H ;:; Cl t< OJ co OJ :>- '" 0 .. OJ ." H OJ 'U ." OJ H H w H H OJ H OJ 0 OJ '" Z '" co co OJ ~ 1; '" E1 0 0 0 0 0 0 0 0 OJ co '" '" co ;:; ~ '" 0 0 0 OJ co Z '" H co t< OJ Cl OJ t< " OJ Cl ;:; OJ H H 0 0 0 0 'U OJ '" t1 H 0 Z ." ~ 0 0 0 0 0 0 ~ , OJ t1 H H H 0 0 0 0 0 0 ~ Cl '" H <: OJ '" OJ 0 0 ." 0 0 0 0 OJ i:l OJ t1 w OJ :>- '" " 0 '" OJ 0 H OJ H OJ co '-< en H G) Z OJ t1 H H 0 Cl '" 0 0 0 0 t< 0 OJ .., i:; 1: OJ t1 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. .m.~ ~r:or ~~ s~x~~s AUOmaXaQ . ~oT ~sa.M. x~;F TTa.MJfauOH u~ aTqeT~~.il.~ f5uP[X~aJ1.J1.J1. EEp~~ un Jsp~d~H: uooQ a.il.~Xa ~ooxqf5u~xdS O~68 oo:cr o~ .m.~ oo:or ~66r Jpc aun~ JAepXn~~s : axaq,M : am]:,L : uaq,M JSA~.M1f a.il.~f) -....-------.,- -",,""-""".,;..,."'- .'. ," .c... ---:;;S.=+. ~?J.rrq$.ex ;F~H: ";--'.'~--' I', _,' -_'-.'."-_ " ," (f5uF+'-i!-'f4fEiC[ j.:iaq::l'e~}1r(:caf- ~a :sepnTouI ~ua.il.i ' . ',.- . . " /~ ';~ ,. ........ .> . "-~ '., ." " -.... ':(""" . ~ c::' . " (,n . -c.- A3rs'<O~srtN ,>"" /' - ".-.,"-./' /-\\ , , j."Y A:+unOQ ~~0U1f u~ 10NX .MaN aq:+ ;Fo f5u~~~axqpunoxf) a'C[,L 0,L ATFJIeJ[ xno.x pu~ no.x sa~~.il.uI ATT~FPxOQ rtJn d!11lfeJE:UAJ!f/ltpilJt Jlilf1i 1ft 1fmmj vOtSS NW laAOpuv PAIH Uh\OlSSOl;) S891 HUH hl!J laAopUV I!:luno;) hl!;) laAopuv :~U!'t-l-'S!lod~~U!W , ~: /, " ;'OLIlE: 'ON I!WJlId", / Ide ~', ::ci fVd:;"- ...'". - ..: ~" -' : <, : iiI:{)v;r.SOti~'8"n -: : "'l.tO~tfOJd.=N -::"'.' '~i 'c1 ','0 <~', '--.. '.--.'. -<' ~.-._--~-,- _.~---'" ~----_._------_. .. ~vgg N~ 'aulalS a^!.lO UMOl4l.JON ~ ~ ~ V'J~^ UMOl4l.JON lsee4l.JON ~ ~. ~. . 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 c~;.~ ^,l)O!/~F? -" l