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Home My WebLink AboutCC August 3, 1993 , " ~--! ,~.0! \f"\. / .. ;-~ ,,-_.,',...r~,.., _ """"-.'-~.;,;~.... CITY of ANDOVER Regular City Council Meeting - August 3, 1993 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes Discussion Items :-J 1. Special Use Permit/Construction of Accessory Structure, Cont. 2. variance/Construction of Accessory Structure Closer to Front Lot Line/1054 - 161st Avenue 3. Variance/Construction of Single Family Home/175xx Round Lake Blvd. 4. Amended Special Use Permit/Dover Kennels 5. Request Access Change/WDE Site 6. Variances/3480 Bunker Lake Boulevard 7. Sketch plan/SuperAmerica 8. Approve Woodland pond Preliminary plat 9. Accept Feasibility Report/Woodland pond/93-14 10. Amend Ordinance 8, Section 8.08 Staff, Committees, Commissions 11. Approve Plans & Specs/93-5/Winslow Hills 3rd Addition 12. Approve Street Spec Change, Cont. 13. Approve purchase of 1994 S10 Blazer & Radio 14. Repair/Replacement of Warning Sirens 15. Personnel Committee Recommendations Non-Discussion Items --./ 16. Reject Bids/Weybridge 3rd/92-l9 17. Approve Plans & Specs/92-27/Commercial Boulevard 18. Award Bid/93-l6/Sealcoating 19. Approve Final payment/92-15/Hidden Creek East 5th 20. Accept Assessment Roll/Order Hearing/90-17 21. Approve Amendment to Joint Powers Agreement/LRRWMO 22. Approve Final plat/Woodland pond 23. Approve Amendment to Development Contracts 24. Approve Joint Powers Agreement/public utilities usage/Sewer 25. Receive June Financial Statements 26. Transfer Funds & Close Fund 338 27. Delegate Authority to Pay Claims 28. Authorize Ad/Planning & zoning Commission Member Mayor-Council Input Approval of Claims . , Adjournment (fA.~">.\.'.;\. lj , ) \.J~. ..,tV ..",:> ..f.."pr CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 '- AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t--O. Approval of Minutes FOR AGENDA ITEM Admin. t--O. BY: Approval of Minutes v. Volk \\. The city Council is requested to approve the following minutes: July 6, 1993, Cont. Regular Meeting (Knight absent) July 15, 1993 Special Meeting (Knight absent) July 20, 1993 Regular Meeting ) MOTION BY: , / TO: \.... " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 Discussion Items Planning ~- APPROVED FOR AGENDA AGENDA 1'0. SECTION " ORIGINATING DEPARTMENT ITEM 1'0. Special Use Permit Accessory Structure 167th Avenue NW and Hanson Roger Kjellberg David L. Carlberg, City Planner BY: If REQUEST This item was tabled at the July 20, 1993, City Council meeting pending staff review of the information presented at the meeting by the previous property owner. Staff has attached that information for Council review. Staff has also attached portions and sections of State Statutes, etc that are pertinent to reviewing this item. / Staff has not received information on soil tests or perculation tests that would indicate whether the property was buildable as far as soil conditions. '- The question still needs to be addressed whether the lot is buildable per Ordinances No.8 and 10. Council should note the letter sent by patricia Lindquist, Acting City Administrator dated June 8, 1982. Bill Hawkins, City Attorney has been asked for input on this matter. A response from the City Attorney will be forthcoming at the meeting. MOTION BY: TO: ". ". ". Regular Andover City Council Meeting Minutes - July 20, 1993 Page 4 SPECIAL USE PERMIT/IN-HOME BEAUTY SALON/524 159TH AVENUE MOTION by Jacobson, ;;.econded by Perry, the Resol'ution granting the Special Use Permit request of Mary Hamment to operate an in-home beauty salon at 524 159th Avenue NW. (See Resolution R159-93) Motion carried unanimously. " SPECIAL USE PERMIT/CONSTRUCTION OF ACCESSORY STRUCTURE PRIOR TO PRINCIPAL STRUCTURES/167TH AVENUE Mayor McKelvey noted the Planning and Zoning commission recommended denial of the Permit. Dwiaht K"iellbera, father of aoolicant, Roaer K"iellbera - stated the building would be used as a machine storage building. There is 35 acres there, and it is not all wetland. The people they purchased the land from have documents with the perk tests which show it is possible to construct the buildings. They want to use the land but cannot unless they are able to put' up a building to store the machinery. In the future, hopefully within three years, they will be able to afford to build a home. He didn't think there would be a vandalism problem. The purpose of the building is to avoid vandalism. It doesn't make sense for ~. them to take their farm machinery out there and lay it on the ground. ~ ) The former owner of the property stated Chris Lord of the District Conservation Department studied the property and found quite a bit of buildable area. Mr. Carlberg noted the flood plain map indicates most o'f the property is within that flood plain. Whether there is enough buildable area cannot be determined until soil borings are done or the Building Department looks at it. Another issue is establishing a front lot line. If it comes off 167th, there is only 30 to 40 feet at the front setback line instead of the required 300 feet. The former owner indicated she had soil borings done and suggested the item be tabled. She offered to provide the City with all of the information she has on the property. Councilmernber Jacobson questioned whether this would be classified as agricultural land or whether the building could be defined as an agricultural building. The Kjellbergs verbally requested the item be tabled until August 3 to allow Staff time to review the documentation provided this evening. Council agreed. This will be placed on the August 3, 1993, Agenda. AHARD BOND SALES o At~orney Hawkins reviewecr-the following schedule of bids for $3,650,000 General Obligation Improvement Bonds, Series 199 3A: FBS Investment Services, Inc., Bid Price of $3,590,140, Total Interest Cost of $917,792.50, for a Net Interest Rate of 4.5718%; Piper Jaffray, Inc., Bid Price of $3,595,669.75, Total Interest Cost of $913,540.25, for a Net Interest Rate of 4.5506%; and Cronin & Company, Bid Price of $3,608,025, Total Interest Cost of $919,800, for a Net Interest Rate of 4.5819%. He recommended the low bidder of Piper Jaffray. ;' ") '-J "\ '-~ \ \.J 1;JT-Y-ot-A-NOU-VJ:.1i " " MEMOR~HOUM TO: COPIES TO: FROM: DATE:: RE;:=~ENC=: ...... ... ~ Fil~ ,- ," -. Dave _~ren/Building Of=icial Au~sc 19, 1980 Agri-3uildings As per 3uilding Code Let::er jl daced Ju~y 16, 1971, Ag buildings (pole ba~s) may be built on any parcel of land ~ich is ==~e-f:T(see acres or greacer and used =ar agric~lcural PUI?oses qith no revision restriction to si=e ~~ce?C chat it cannot exceed the height of the principal st=uc:ure. (!t shall meet all zoning require~nts.) A $5.00 ?e~t =ee qill be required for any agri-building. I= used for any vehicle storage or any other non-ag type use, i.e., ~ood storage, non-fa~ equipment, or any other residential Cjpe storage, then it essentially becomes a nrivate ~arage and all buildL~g code restrictions apply. Dave Almgren Building Of=icial Revised 12/89 Ag buildings may not be built on any parcel of land under ten (10l acres. ~~ Subd. 2. Colleefton and reportS- All permit surcharges shall be colleeted by each municipality and a.portion thereof remitted to the state. Each municipality having a population greater than 20,000 people shall, on a monthly basis. prepare and submit to the commissioner a report or fees and surcharges thereon collected during the pre- vious month, but shall retain two percent of the surcharges collected to apply against the administrative expenses each such municipality incurs in collecting said surc- harges. All other municipalities shall submit said report and surcharges thereon on a quarterly basis, but shall retain four percent of the surcharges collected to apply against the administntive expenses such municipalities incur in collecting said surc- harges. The report, which shall be in a form prescribed by the commissioner, shall be submitted together with a remitt:1nce covering the surcharges collected by no later than the 15th day following the month or quarter in which said surcharges are col. lected. All surcharges and other fees prescribed by Laws 1971. Chapter 561, as amended, which are payable to the state, shall be paid to the commissioner who shall deposit same in the state treasury for credit to the general fund. ( 1971 c 561 s IS; 1974 c 568 s 3: 1977 c 381 s 5 J 16.861 PERMIT FEES, TO WHOM APPUCABLE. Effective July I, 1913. mu- nicipal building officials shall administer and enforce the state building code with re- spect to all subject structures constructed within their jurisdiction, including all build- ings constructed by the state of Minnesota, its agencies, departments and instrumentalities, school districts. municipalities as defined by Laws 1971, Chapter 561. and the University of Minnesota, and said go\'emmental bodies shall pay such building permit fees and surcharges as the inspecting municipality customarily im- poses for its administntion and enforcement of the code. ( 1974 c 568 sol] 16.31 ( Repealed. 1971 c 56 I s 11 I " " \ ...J 16.871 STATE CERL"ItONIAL BUILDING; STATE."ItENT OF PURPOSE AND LEGISlATIVE INTENT. Whereas it is in the public interest that a proper building be provided for official public use and other ceremonial state functions. it is the intent of the legislature that the state own such a ceremonial building. and that living quarters may be incidentally provided in such building {or the governor. ( 1965 c 684 s I: 1973 c 35 s 6 J 16.872 ACCEPTANCE OF STATE CEREMONIAL BUILDING: USE; MAINTE. NANCE. Subdivision 1. The commissioner of administration may accept. on behalf of the state, on such terms and conditions as the donor may prescribe, a building to be used as a state ceremonial building. Such building shall be used for official ceremonial functions of the state, and space shall be provided (or suitable living quarters for the govemor of the state. Subd. 2. The commissioner of administration shall maintain such building in the same manner as other state buildings are maintained and shall rehabilitate. decorate, 273.13 Subdivision 6 (1) 'Agricultural lands' defined . . ".!"~"=II';d ~ "'" ><..i~ "" " ,_, "'.1" ".U m~' .,.."",~ creag. o( ten acres or more, p,:!manly used during the preceding year (or agricultural purposes. AgncuJtural use may Include pasture. timber. waste. unusable wild land and land included in (ederal {arm programs. , Real estate of less than ten acres used principally (or raising poultry, livestock. (nllt. . v:g':tables or other agricultural products. shall be considered as agricultural land, If It IS not used pnmarily (or residential purposes. .368.01 IITo~'msn defined " \ ) ~ 368.01 POWERS OF CERLUN METROPOUTAN AREA TOWNS. Subdivision 1. Towns descnbed.. Any town in this state having therein platted portions in which there reside 1.200 or more people or any towns having platted area within 20 miles of the city hall of a city of the first class having over 200,000 population shall have and possess the powe~ as are enumerated in this section. The town board thereof may adopt, amend, or repeal suc.It ordinances. rules. and bylaws {or any purposes !'O enu. merated as it deems expedient. 36 th '2 ,Y a ~r te Ie In n- to a IY er ,,- ) lY, Ie '-- Ie ne be ce Ie c::: :S7 ,st a- de ts, is ld ng liS ,'t ;s- "II in In lJ.' "- <.:y'---) IS- ,;'It 437 COMMISSIONER 01' ADMINISTRATION 16B.~ to section 16B.56; (2) within limits and upon conditions the commissioner determines to be necessary, to reimburse state agencies for costs resulting from agreements with the metropolitan transit commission or other operators pursuant to section 473.409; and (3) to be used for maintaining and improving parking lots or facilities owned or operated by the state. The commissioner may adopt rules necessary to administer the provisions of this subdivision, subdivision 5, and section 473.409. The rules may exempt from the surcharge vehicles operated by persons whom the commissioner determines have job requirements that make car pooling impractical. Subd. 8. Fees charged state employees. Notwithstanding any other law to the contrary, the commissioner shall charge state employees for parking facilities which are used by them and furnished for their use pursuant to any lease entered into between the state of Minnesota and the lessor of any privately owned property situated in the seven county metropolitan area. History: 1984 c 544 s 63; 1984 c 597 s 30; 1984 c 655 art 2 s 13 subd 1; 1986 c 444 STATE BUILDING CODE 16B.59 STATE BUILDING CODE: POLICY AND PURPOSE. The state building code governs the construction, reconstruction, alteration, and repair of state-owned buildings and other structures to which the code is applicable. The commissioner shall administer and amend a state code of building construction which will provide basic and uniform performance standards, establish reasonable safeguards for health, safety, welfare, comfort, and security of the residents of this state and provide for the use of modem methods, devices, materials, and techniques which will in part tend to lower construction costs. The construction of buildings should be permitted at the least possible cost consistent with recognized standards of health and safety. History: 1984 C 544 s 64 16B.60 DEFINITIONS, STATE BUILDING CODE. Subdivision l. Scope. For the purposes of sections l6B.59 to 16B.73, the terms defined in this section have the meanings given them. Subd. 2. City. "City" means a home rule charter or statutory city. Subd. 3. Municipality. "Municipality" means a city, county, or town meeting the requirements of section 368.0 I, subdivision I, the University of Minnesota, or the state for public buildings. Subd. 4. Code. "Code" means the state building code adopted by the commis- @ioner in accordance with sections l6B.59 to 16B.73. 'k Subd. 5. AgricuiluraJ building. "Agricultural building" means a structure on I agricultural land as defined in section 273.13, subdivision 2J~designed, constructed, and used to house farm implements, livestock, or agncultural produce or products used by the owner, lessee, and sublessee of the building and members of their immediate families, their employees, and persons engaged in the pickup or delivery of agricultural produce or products. Subd. 6. Public building. "Public building" means a building and its grounds, the 'cost of which is paid for by the s~, a state agency, or a school district. Subd_ 7. Physic:lIly handic:rpped. "Physically handicapped" means having sight disabilities, hearing disabilities, disabilities of incoordination. disabilities of aging, or other disabilities that significantly reduce mobility, flexibility, coordination, or percep- tiveness. Subd. 8. Remodeling. -Remodeling~ means deliberate reconstruction of an existing public building in whole or in part in order to bring it up to date in conformity ..with present uses of the structure and to which othcr rules on the upgrading of health and safety provisions arc applicable. History: 1984 c 544 s 65; ISp1985 c 14 art 4 s 3; 1987 c 387 s 1.2 If,' 1 1: ' I ~." . t~, [~.. . ;,;. . ''''., '.. r;. . 1'~' _;". '.. _ ~~' )'::'~,~:~F';:-' j.;; r.. i k ~ . i,: j;; &'~' ; ;~ "'''~ ~" - .- t'"~' :_,..,._~..~"..,?:-~. . . : :.::7/':~:~:-,;'" .". ~..- '-", '. ~~. ~~~:.,~,-: '~'''. '1::40 :~ ~,': ~4~~: ~~'.J. ~;.;- :~, . .~ lr~~l/ '-'.J",' .... '~~'i:z.--i. ~'~.'~~:': ~.~-. ~i,",':.c-,:- ~~~;.;~~' i '- ' .~:~~-,: ~;:" " , j.;.........::"- '"" ~.....,.. ".' . . r~' . ,,'. . "'-""..'... .;0-: , 273.13 TAXES; lISTI:-iG. ASSESSMENT 5932 i'-*" 1:'',.; .~.~. lower extremities, such as to preclude motion without the aid of braces. crutches, c:lnes, or a wheelchair; and .' .' (iii) with assistance by the administration of veterans affairs has acquired a special housing unit with speci:ll fixtures or movable facilities made necessary by the nature of the veteran's disability, or the surviving spouse of the dece:lsed veteran for as long as the surviving spouse retains the speci:ll housing unit as a homeste:ld; or (3) any person who: (i) is permanently and totally disabled and (ii) receives 90 percent or more of total income from (A) aid from any state as a result of that disability; or (B) supplemental security income for the disabled; or (C) workers' compensation based on a finding of total and permanent disability; or (i) (D) social security disability, including the amount ofa disability insurance benefit which is converted to an old age insurance benefit and any subsequent cost of living increases; or (E) aid under the Federal Railroad Retirement Act of 1937, United States Code Annotated, title 45, section 228b(a)5; or (F) a pension from any 10C:l1 government retirement fund located in the state of Minnesota as a result of that disability; or (iii) whose household income as defined in section 290A.03, subdivision 5, is ISO percent or less of the federal poverty level. Property is classified and assessed pursuant to clause (I) only if the commissioner of jobs and training certifies to the assessor that the owner of the property satisfies the requirements of this subdivision. The commissioner of jobs and training shall provide a copy of the certification to the commissioner of revenue. Permanently and totally disabled for the purpose of this subdivision me:lns a condition which is permanent in nature :lnd totally incapacitates the person from working at an occupation which brings the person an income. The first 532,000 market value of class I b property has a net tax capacity of.4 percent of its market value and a gross tax capacity of .87 percent of its market value. The remaining market value of class I b property has a gross or net tu capacity using the rates for class I or class 2a property, whichever is appropriate, of similar market v:llue. (c) Class I c property is commercial use real property that abuts a lakeshore line and is devoted to temporary and seasonal residential occupancy for recreational purposes but not devoted to commercial purposes for more than 200 days in the year preceding the year of assessment, and that includes a portion used as a homestead by the owner. Class Ic property has a tax capacity of.9 percent of market value with the following limitation: the area of the property must not exceed 100 feet of lakeshore footage for each cabin or campsite located on the property up to a total of 800 feet and 500 feet in depth, measured away from the lakeshore. (d) For taxes levied in 1988, payable in 1989 only, the tax to be paid on class la or class I b property shall be reduced by 54 percent of the tax imposed on the first 568,000 rket value. The amount of the reduction shall not exceed 5725. Subd. 23~.) Class 2. (a) Class 2:l property is agricultural land including any improvements that is homesteaded. The market value of the house and garage and imrrremately surrounding one acre of land that does not exceed 565,000 has a net tax capmty of .805 percent of market v:llue and :l gross t:lX capacity of 1. 75 percent of market value. The excess market value over 565.000 has a t:lX capacity of 2.2 percent. If the market value of the house, g:lrage, and surrounding one :lcre of l:lJ1d is less than 565,000, the value of the remaining land including improvements equal to the difference between 565,000 and the m:lrket value of the house, gar:lge, :lnd surrounding one acre of land has a net t3..'t c:lpacity of I.U percent of market V:llue :lnd :l gross t:lX C:lpacity of 1.75 percent ofm:lrket value forthe first 320 :lcres ofl:1nd :lnd the remaining value , . ......::. :"',..>'/ .- r ,- ;':,0':;': ~;,- ,'" --<_t~~::..i ." i, . . . .~. . ...;,.::..:-.;.. 5932 ') le~-....-"leS, I a special he nature :lr as long I :lisability; .ce benefit : of living ltes Code Ie state of , ' 15, is 150 .~ missioner ,tisnes the II provide , )a rr , 'Son,rom JO market value and 'I value of .r class 2a ;hore line :re:nional 1 the year , ,estead by : with the lakeshore o feet and n class la 1 the first 25. Iding any lr:lge and ;.1 ::et tax lcrccot of 2 percent. ; less than dilference , onc acre . , ( capaCIlY ling value ! ' '\ '0 5933 ~. ~ .' T A."<ES; lIsnNG. ASSESSMENT 273.13 . r-~. . 'L'~::~:~ over 320 acres has a net tax capacity of 1.295 percent of market value and a gross tax capacity of 1.75 percent of market value. The remaining value of class 2a property ovp.r the S65,000 market value, that does not exceed 320 acres has a net tax capacity of 1.44 percent of market value and a gross ta.~ capacity of 2.2'5 percent of market value. The remaining property over the S65,OOO market value in excess of 320 acres has a net tax capacity of 1.665 percent of market value and a gross tax capacity of 2.25 percent of market value. Noncontiguous land shall constitute class 2a only if the homestead is classified as class 2a and the detached land is located in the same township or city or not farther than two townships or cities or combination thereof from the homestead. Agricultural land used for purposes of a homestead and actively farmed by a person holding a vested remainder interest in it must be classified class 2a. If agricultural land is classified class 2a, any other dwellings on the land used for purposes of a homestead by persons holding vested remainder interests who are actively engaged in farming the property, and up to one acre of the land surrounding each homestead and reasonably necessary for the use of the dwelling as a home, must also be assessed class 2a and is entitled to the homestead credit. For taxes levied in 1988, payable in 1989 only, the tax to be paid on class 2a property and class I b property under section 273.13, subdivision 22, paragraph (b), used for agricultural purposes shall be reduced by 54 percent of the tax. The amount of the reduction shall not exceed 5725. (b) Class 2b property is (I) real estate, rural in character and used exclusively for growing trees for timber, lumber, and wood and wood products; and (2) real estate that is nonhomestead agricultural land. Class 2b property has a net tax capacity of 1.665 percent of market value and a gross tax capacity of 2.25 percent of market value. Agricultural land as used in this section means contiguous acreage of ten acres or more, primarily used during the preceding year for agricultural purposes. Agricultural use may include pasture, timber, waste, unusable wild land, and land included in federal fann programs. Real estate of less than ten acres used principally for raising poultry, livestock, fruit, vegetables or other agricultural products, including the breeding of fish for sale and consumption provided that it is located on land zoned for agricultural use, shall be considered as agricultural land, if it is not used primarily for residential purposes. The assessor shall determine and list separately on the records the market value of the homestead dwelling and the one acre of land on which that dwelling is located. If any farm buildings or structures are located on this homesteaded acre of land, their market value shall not be included in this separate determination. Subd. 24. Class 3. (a) Commercial, industrial, and utility property is class 3a. It has a tax capacity of 3.3 percent of the first 5100,000 of market value and 5.25 percent of the market value over 5 I 00,000. For taxes payable in 1991, the 5.25 percent rate shall be 5.2 percent and for taxes payable in 1992 and subsequent years the rate shall be 5.15 percent. In the case of state-assessed commercial, industrial, and utility property owned by one person or entity, only one parcel has a tax capacity 3.3 percent. In the case of other commercial, industrial, and utility property owned by one person or entity, only one parcel in each county has a tax capacity of 3.3 percent. . (b) Employment property defined in section 469.166, during the period provided In section 469.170, shall constitute class 3b and has a ta.~ capacity of2.5 percent of the first 550,000 of market value and 3.5 percent of the remainder, except that for employment property located in..a border city enterprise zone designated pursuant to section 469.168, subdivision +,-paragraph (c), the tax capacity of the first SIOO,OOO of market value is 3.3 percent and the tax capacity of the remainder is 4.8 percent, unless the governing body of the city designated as an enterprise zone determines that a specific parcel shall be assessed pursuant to the first clause of this sentence. The governing body may provide for assessment under the first clause of the preceding sentence only for property which is located in an area which has been designated by .' ... .;;. ;:',:'~>, ~. [[f~: , .:;t.~-.t~~f1:--1- ';~I~ ~~'-;";"'P"l',t>-- . ::"rr~~~~ . ~.:jit}R;~~~: i.:" -:: ;!1i~!~~-r :':'~l~~' . ;;~:l"-:-..'.~ . ;,:..:::/::.u.~:. _:,i~Urf~~'~~ ':~~:,i;i~;:t ;?~~f~~~ , i';""~~'.- ~- ~ .~:~~,..!:,:: ,..'.,,"; '.,~~:.:;..:, <~};,~. - ~..; . " -,", ;.-'1'-' .-.J \."-~ '''''-I-l. ..... .........-~--..l...L(c:,-3-....0'~ , , ~'", ANDOVER 1685 Crosstown Blvd. NW. . Anoka. Minnesota 55303 . (612) 755-5100 ~ June 8, 1982 " \' Andrew E. Miner MINER & MINER 2928 Chicago Avenue South Minneapolis, Minnesota 55407 Re: Donald Osman,Sr. - Your File No. 9547 (Buescher) Dear Mr. Miner: () In response to your question on the zoning requirements of Plat 65910, Parcel 7200, we can see no problem by the property owner in obtaining a building permit under the present zoning requirements. An Attorney General's Opinion, dated 11th, October, 1979, City of Brooklyn Park Land Matter, establishes that a parcel of land similar to Parcel 7200, would comply with the provisions of Minnesota Statute, Chapter 462.358, in that the parcel does meet the minimum 300' requirement at all points. It further states that the 300' does not have to be entirely on a public road. City Ordinance does require that a parcel must "abut" a publicly dedicated, constructed, maintained and accepted public road in order to receive a building permit. This requirement is met by Parcel 7200; and if 33'x60' strip of land were dedicated to the City and ultimately constructed and accepted, City Ordinance would still be satisfied by Parcel 7200. Part of the issuance of a building permit on Parcel 7200, would be the requirement of constructing a driveway to meet City Standards, i.e., hard surfaced with appropriate drainage facilities in the form of ditches and culverts. As far as the Osman property is concerned, dedication of the easement to the City of Andover would have no value in legalizing the abuttment requirement until the 60'x66' strip of land is constructed and accepted by the City. Mr. & Mrs. Osman were into the City Offices to discuss the strip of land and associate4 requirements. Apparently they are also considering selling a portion of Plat 65910, Parcel 9000, the 40-acre piece just to the south of their homestead property. "- o .~ ~ " ,~ ,- ,- Andrew E. Miner June 8, 1982 Page 2 " " They were informed that the logical manner in which a new proposed roadway, not in a plat, would be handled would be to first bring in the sketch for a "Road Location Approval"; then assuming this were approved, to construct the road to City Standards, after which it would be inspected by the City, followed by approval of the City Council. We hope this has answered your questions; and if not, please feel free to contact us again. Very. tr),l,~y yours, CITY OF r " . cIty of ANDOVER M E MaR A H 0 U M ~-.J TO: MAYOR AND COUNCIL " COPIES TO: ATTORNEY, ENGINEER, STAFF FROM: CITY CLERK/A.ADM. DA TE:: NOVEMBER 29, 1979 REFERENCE: AGENDA INFORMATION - DECEMBER 4, 1979 Item No.3 (Agenda Approval) Please add Item No. 5h (CAB Interceptor). Item No.4 (Public Hearin9 - Junkyard License Denials) This item is continued from previous meetin9s. You received information with the November 20 Agenda Packet showing fencing and natural boundaries. Attached is a recommendation from P&Z , along with a proposed amendment from Ordinance 44, allowing for natural screening. The Ordinance shall be adopted first, thereby allowing for the Council to make a motion approving, with variances, the following yards: Anoka Auto Wrecking, Bob's Auto Parts, K&K Salvage, and Wilber's. Commercial :' Auto Parts have the poles installed for fencing on the south, and have the steel for ~ the fence on the premises. Andover Auto Parts have approximately 50% of the poles installed on the south side and also have the materials for the fence on the premises. @ Item No. Sa . (Variance - V.Busche;) Attached is P&Z recommendation stating that the property be allowed a building permit with a variance not being required. In reading the attached opinion from the Attorney General, it would seem that a variance is still required to construct a public street of less than 66' feet in width and not blacktopped to City Standards at this time. The opinion states the property must be 300' at all points (the first 460' of this property is only 60' wide. City Ordinance requires a lot to abut a public road prior to the issuance of a building permit. It would seem that if the 460' of the property is going to be ignored, then the Ordinance requirement could not apply. If a cul de sac street is constructed in the 60 x 460 a~~a. the requirements of both ordinance and statute are satisfied. This would also make Mr. Osman's lot legal in that it would abut a public road. This entire situation goes back to 1977 when the Osmans were incorrectly issued a building permit for construction on a parcel of land which did not abut a public road. Mr. & Mrs. Osman were informed of this error in late 1978 and were told that should they ever sell the property, there could be a problem with the TitJe Opinion. Attorney Hawkins advised at that time to have the Osman's apply fOr-d variance, but not charge a fee inasmuch as the City had erred. .... o Item No. 5b (Variance - D. Fluth) This item is continued from the November 20 Meeting. A letter has been written to Mr. Fluth's neighbor, however, ~o-date a reply has not been received. ~. ~~) ". ". CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 20, 1993 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Discussion Items Planning ~ APPROVED FOR AGENDA ITEM f\O. Special Use Permit Accessory Structure 167th Avenue NW and Hanson Roger Kjellberg David L. Carlberg, City Planner BY: REQUEST The Planning and zoning Commission at its regular meeting on June 22, 1993, reviewed the request for a Special Use Permit by Roger Kjellberg to construct an accessory structure (pole building) prior to the construction of a principal structure on the property located on 167th Avenue NW and Hanson Boulevard NW, PIN 10-32-24-41-0001. ,~ Please consult the attached staff report dated June 22, 1993 and the minutes from the Planning and zoning Commission meeting for further information. RECOMMENDATION The Planning and Zoning Commission recommends denial of the Special Use Permit request. A resolution is attached for Council approval. MOTION BY: '-) TO: .- .- C'ITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R '\ 'J A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF ROGER KJELLBERG TO CONSTRUCT AN ACCESSORY STRUCTURE PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED ON 167TH AVENUE NW AND HANSON BOULEVARD NW (PIN 10-32-24-41-00011', LEGALLY DESCRIBED AS FOLLOWS: The Northeast Quarter of the Southeast Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota, except the East 473.50 feet of the West 533.50 feet of the South 460 feet of said Quarter, Quarter (As measured along the South and West lines thereofl; Also Except Roads; Subject to Easements of Record. WHEREAS, Roger Kjellberg has requested a Special Use Permit to construct an accessory structure prior to the construction of a principal structure on the property legally described above. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance 8, Sections 4.05 and 5.03; and WHEREAS, a public hearing was held before the Planning and Zoning Commission on the request; and . \ "J WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and denies the request of roger Kjellberg to construct an accessory structure prior to the construction of a principal structure on said property. Adopted by the City Council of the City of Andover on this 20th day of July, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, Clty Clerk \ ) ,/ " Andover Planning and Zoning commission Meeting Minutes - June 22, 1993 Page 5 ,J PUBLIC HEARING: SPECIAL USE PERMIT - IN-HOME BEAUTY SALON, 524 159TH AVENUE NW, MARY HAMMENT " " 8:35 p.m. Mr. Carlberg reviewed the request of Mary Hamment to operate an in-home beauty salon at 524 159th Avenue NW, noting the applicable ordinances. Staff recommends approval contingent upon several conditions. In addition, he suggested a seventh Staff condition, that is that the Special Use Permit would terminate with the sale of the property. Another condition may be that retail sales are prohibited except those clearly incidental to the services provided per Ordinance 8, Section 4.30. Mr. Carlberg noted a letter has been received from the applicant indicating the hours of operation would be Monday and Wednesday, 12 to 8 p.m., and Thursday, 9 a.m. to 5 p.m. He also had a picture of the residence ~hich indicates the driveway is large enough to accommodate the parking requirements. If parking becomes a problem, it can be evaluated at the time of the annual review. Commissioner Squires asked if the Special Use Permit would be recorded since it runs with the owner, not with the land. Mr. Carlberg stated all Special Use Permits are recorded. ~ The hearing was opened for public testimony. Marv Hamment, 524 159th Avenue W~ - didn't expect any traffic problems, as chere would not be more than one car at a time. She set her hours to accommodate her clients. Her present employer is closing down and 'selling the building, so she wants to put her shop in her home to accommodate her cliental. It is strictly a part-time business. MOTION by Apel, Seconded by Jovanovic~, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (McMullen, Pease) vote. MOTION by Peek, Seconded by Jovanovich, that the Andover Planning and Zoning Commission recommends approval of the Resolution granting the Special Use Permit request of Mary Hamment to operate an in-home beauty salon at 524 159th Avenue NW with the following amendrnencs: No.2 to include the requested hours of operation (Monday and Wednesday, 12 to 8 p.m.; Thursday, 9 a.m. to 5 p.m.); and to add No. 18, the excerpt from Ordinance 8, Section 4.30 that on-site sales shall be orohibited exceot those clearly incidental to the services provided. Motion carried on-a 5-Yes, 2-Absent (McMullen, Pease) vote. This will be place on the July 20, 1993, Council agenda. 8:50 p.m. PUBLIC HEARING: SPECIAL USE PERMIT CONSTRUCTION OF ACCESSORY STRUCTURE PRIOR TO PRINCIPAL, PIN 10-32-24-41-0001, ROGER KJELLBERG '\ ---) 8:50 p.m. construct principal NTH. The Mr. Carlberg reviewed the request of Roger Kjellberg to a 36' x 52' accessory structure prior to construction of a structure in the area of 167th Avenue NW and Hanson Boulevard loc is approximately 35 acres and is zoned R-l, Single Family ~ ~ ~) ,- ,- Andover Planning and Zoning Commission Meeting Minutes - June 22, 1993 Page 6 (Public Hearing: Special Use Permit, Construction of Accessory Structure Prior to Principal, R. Kjellbe~g, Continued) Rural. The structure is to be used for storage and for the raising of pheasants. Because a majority of the area is in the floodplain, the Building Official doesn't feel it is a buildable parcel for a principal structure. The applicant does not have plans to build the principal structure at this time. Mr. Carlberg did not feel this meets the requirements for an agric;llture building. Because of the wetland regulations, the only way to access the property is from 167th, though there is more than 300 feet of frontage on Hanson Boulevard. Commissioner Apel stated the City has not been very receptive to the construction of accessory structures without consideration for building a principal structure except in specific circumstances such as for agricultural use, when a principal st=uc~urB is to be built within a specific time frame or in one instance when the owner lived across the street. Mr. Carlberg stated there is also the concern of vandalism with no one being there to watch the building. The hearing was opened for public testimony. Roqer Kiellberq, 6107 Camoton Avenue N. Brooklyn Center - is one of the property owners. They bought the 35 acres to use. The accessory building will not be a pole barn but will be a garage-type structure. They want to house a few pieces of farm equipment to get it out of the weather and to keep them under lock and key. They just sold their property in Plymouth and need to store their equipment. They cannot afford to build a house and they are not sure when they will build it. They will try to raise game birds for an income and to slowly work into farming parts of the parcel. The property is not being farmed now, and he believes par~ of it is wetland. He is trying to get set up and move into the rest of his plans in stages. The Commission suggested he check further as to whether or not he would be able to begin farming that land because of the new wetlands regulations. They did not feel the request meets the agricultural permitted use. If he is able to farm the property, they suggested he begin the farming operation first, then corne in with a request for an agricultural building. Or, if he carne in with plans for a principal structure within a reasonable period of time, then this request may meet the ordinance requirements. Mr. Kiellberq - expressed frustration that he bought the 35 acres and is not able to use it. It is-basically brush and not what he'd consider a swamp. He bought the lan~o farm it and eventually build a house on it. Right now he just wants a building to put his equipment in to get them ou~ of the weather and to avoid vandalism. The Commission noted he could have corne to the City to find out what can be done with property before buying it. They suggested he check with the City ordinances and state law regarding agricultural uses and the wetlands regulations. Possibly some soil borings will have to be done to find out whether the parcel is buildable for a house. ;" , Andover Planning and Zoning Commission Meeting Minutes - June 22, 1993 Page 7 "- ,-~ (Public Hearing: Special Use Permit, Construction of Accessory Struccure..Prior ,-co Principal, R. Kjellberg, Concinued) " MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (MCMullen, Pease) vote. MOTION by Jovanovich, Seconded by Peek, that the Andover Planning and Zoning Commission recommend denial of the Special Use Permit request by Roger Kjellberg for the construction of an accessory structure prior to the construction of a principal structure to be located at 167th Avenue NW and Hanson Boulevard NW. The Commission finds that it does not meet the criteria established in Ordinance No.8, Section 5.03; that it does not meet the Ordinance No.8, Section 4.05(3) where it states that no accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Special Use Permit; and also Section 4.05. A public hearing was held. The Commission finds that the proposed use is not an agricultural use under the Zoning Ordinance and State statutes and that the construction of an accessory use is determined to be imoroper where it is doubtful that a principal structure could be erected due" to the lowlands. Motion carried on a 5-Yes, 2-Absent (McMullen, Pease) vote. This will be on the July 20, 1993, City Council agenda. 9:12 p.m. o PUBLIC HEARING: SPECIAL USE PERMIT - COMMERCIAL GREENHOUSE, COMMERCIAL RECREATIONAL FACILITIES ARD CONSTRUCTION OF AR ACCESSORY STRUCTURE PRIOR TO PRINCIPAL - 17154 SEVENTH AVENUE NW, HARE STUART 9:12 p.m. The Commission asked what happens to the Special Use Permit granted within the last year for this property to allow the construction of a church. Mr. Carlberg stated a Special Use Permit goes with the property; however, the church requesting that permit did not purchase the property. Staff will check with legal counsel before going to the City Council to make sure there is no conflict. Mr. Carlberg then reviewed the request of Hare Stuart to operate a commercial greenhouse, a commercial recreational facility and to construct accessory buildings prior to the construction of a principal structure. There are no plans to build a principal structure on the parcel. In order to consider the commercial recreational facility, the property would have to be rezoned to a General Recreational District; therefore, it has been determined that it is not a permitted use. The hearing was opened for public testimony. u Hare Stuart, 15921 Fox Street NW - stated the fi~ is not planning to do any't:hing related to recreation and asked to delete that area of discussion. The reason for this location is they need additional space, noting his present location at the corner of Bunker Lake and Hanson Boulevards. When he started there, it was primarily wholesale. They have since combined wholesale and retail. Because of the contamination of the soils there, they are moving the retail operations to Coon Rapids, Ramsey and Rochester. They plan to keep the production area in Andover. " CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION ~J DATE June 22, 1993 6. Public Hearing Special Use Permit Accessory Structure 167th Ave. & Hanson Planning APPROVED FOR AGENDA ~- AGENDA ITEM ,- ORIGINATING DEPARTMENT David L. Carlberg BY: City Planner BY: REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by Roger Kjellberg to construct a 36' x 52' accessory structure prior to the construction of a principal structure on the property located in the area of 167th Avenue NW and Hansen Boulevard NW (PIN 10-32-24-41-0001), legally described as follows: ~ The Northeast Quarter of the Southeast Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota, except the East 473.50 feet of the West 533.50 feet of the South 460 feet of said Qaurter, Quarter (As measured along the South and West lines thereof); Also Except Roads; Subject to Easements of Record. The lot to be constructed upon is a 35 +/- acre parcel and is zoned R-l, Single Family Rural. APPLICABLE ORDINANCES . Ordinance No.8, Section 4.05 states that, "No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Special Use Permit". Section 4.05 also states that, "No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) sq. ft., shall be allowed on parcels of three (3 a.) acres or less in all residential districts. . .". Ordinance No.8, Section 5.03 regulates the Special Use Permit process. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of t~ proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. '-- ~ ~J Page Two SUP - Accessory Structure 167th Ave. NW and Hanson Blvd. NW Roger Kjellberg June 22, 1993 3: The effect on the values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan GENERAL REVIEW The applicant has stated that the structure is to be used for storage purposes and also for the raising of pheasants. The applicant may construct a principle structure in the future, but is not planning to at this time. There also is a question of wehther the lot is buildable for a principle structre. COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit requested by Roger Kjellberg to allow for the construction of an accessory building prior to the construction of a principal building to be located generally at 167th Avenue NW and Hanson Blvd. NW (PIN 10-32- 24-41-0001), legally described above. o The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate the surrounding property and the use is in harmony with the Comprehensive Plan. The Commission also finds that the use meets the provisions specified in Ordinance No.8, Section 4.05, Accessory Structures. 2. The Planning and zoning Commission may deny the Special Use Permit requested by Roger Kjellberg to allow for the construction of an accessory building prior to the construction of a principal building to be located generally at 167th Avenue NW and Hanson Blvd. NW (PIN 10-32- 24-41-0001), legally described above. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. / , o ~ ~J Page Three SUP - Accessory Structure 167th Ave. NW and Hanson Blvd. NW Roger Kjellberg June 22, 1993 3. The planning and zoning Commission may table the item. If the Commission chooses to recommend approval of the request, staff recommends the following conditions be added: 1. The applicant place the structure in accordance with the minimum setback requirements of the designated zoning district. 2. 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'\. \ ..,:' "'1:.. \' : ..;;.. : l... i \ ~ %_~ '" '. \ ~ .... '. '- ~ '. '.;<- ..... . '" "- '-, , " , " ........ ........ , / '. / ..' ..... -' .. ./ . " " "'. .......... ..... / - ,.:-.J . '. - " ....... " . / , / '< " , '. " " " - ~- .. .....- 659/U .,' .' . , ' E 1/4 CORNtR sE:C ./0 J.. " L ........ .' I ,.;L : -- .-. ~ 3. e;. ""2. C> ~ .c. ---r" r;;:2' ~ CITY OF ANDOVER REQUEST FOR COUNCIL AcrI2~ust 3, 1993 DATE AGENDA fIO. SECTION Discussion Items ORIGINATING DEPARTMENT ITEM fIO. Variance - Accessory Structure/ Design & Materials - 1054 161st Ave. Hemmelgarn Planning ~ David L. Carlberg City Planner APPROVED FOR AGENDA BY: ~. REUUt;~'l' The City Council is asked to review the variance request of Janie and Allen Hemmelgarn to construct an accessory structure (pole building) located closer to the front lot line than the principal structure that is not of similar design and exterior finish as the principal structure on the property located at 1054 161st Avenue NW, legally described on the attached resolution. '-..) The zoning Ordinance requires accessory structures located closer to the front lot line than the principal to be of similar design and exterior finish so as to be compatible to the principal structure. The applicant requests a variance to Ordinance No.8, Section 4.05 (F) . The property is zoned R-1, Single Family Rural. BACKGROUND For background information on the, request, please consult the attached staff report presented to the Planning and zoning Commission on July 13, 1993 and the minutes from that meeting. PLANNING AND ZONING RECOMMENDATION The Planning and zoning Commission, at their July 13, 1993 meeting, made the motion to approve the variance request. Attached is a resolution for Council review and approval. MOTION BY: ,,) TO: ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE VARIANCE REQUEST OF JANIE AND ALLEN HEMMELGARN TO ORDINANCE NO.8, SECTION 4.05(F) TO ALLOW FOR THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (POLE BUILDING) LOCATED CLOSER TO THE FRONT LOT LINE THAN THE PRINCIPAL STRUCTURE THAT IS NOT CONSTRUCTED IN SIMILAR DESIGN AND EXTERIOR FINISH AS THE PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 1054 161ST AVENUE NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Janie and Allen Hemmelgarn have requested a variance to allow for the construction of an accessory structure (pole building) located closer to the front lot line than the principal structure that will not be of similar design and exterior finish so as to be compatible with the principal structure on the property located at 1054 161st Avenue NW, Legally described on the attached Exhibit A; and WHEREAS, the Planning & zoning Commission has reviewed the request and has not determined that said request meets the conditions established in Ordinance No.8, Section 5.04 and that a hardship does exist; and ~J WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission and approves the variance request of Janie and Allen Hemmelgarn to construct an accessory structure (pole building) located closer to the front lot line than the principal structure that will not be of similar design and exterior finish so as to be compatible with the principal structure on the property located at 1054 161st Avenue NW, Legally described on the attached Exhibit A with the following conditions: 1. The accessory structure (pole building) meets the setback requirements as specified in Ordinance No.8, Section 6.02. Adopted by the City Council of the City of Andover this 3rd day of Andover, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk ~) o EXHIBIT A That part of the Northwest Quarter of the Southeast Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, described as follows: ~ Commencing at the Northwest Corner of said Northwest Quarter of the Southeast Quarter; thence North 89 degrees 34 minutes 26 seconds East, assumed bearing, along the North Line thereof, a distance of 852.95 feet to the point of beginning of the land to be described; thence South 0 degrees 56 minutes 29 seconds East a distance of 780.00 feet; thence South 87 degrees 57 minutes 04 seconds East a distance of 185.24 feet; thence South 0 degrees 56 minutes 29 seconds East a distance of 102.00 feet; thence North 89 degrees 34 minutes 26 seconds East a distance of 201.23 feet to the West right-of-way line of the Burlington Northern, Inc. Railroad; thence North 0 degrees 11 minutes 40 seconds West, along said West line, a distance of 889.97 feet to the North line of said Northwest Quarter of the Southeast Quarter; thence westerly, along said North line, a distance 397.83 feet to the point of beginning. Subject to the right-of-way of County State Aid Highway No. 20. Subject to other easements of record, if any. Together with an easement for driveway purposes over a strip of land 30.00 feet in width, the East line of said strip of land being described as follows: Commencing at the Northwest Corner of said Northwest Quarter of the Southeast Quarter; thence North 89 degrees 34 minutes 26 seconds East, assumed bearing, along the North line thereof, a distance of 852.95 feet to the point of beginning of the line to be described; thence South 0 degrees 56 minutes 29 seconds East a distance of 780.00 feet and there terminating. ~) ~~ o @ ,,, ,,) " Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 10 (Public Hearing: Amend Ordinance 8, 4.21, Fences & Walls, Continued) ,- The Commission discussed the two requests. Because there has been no complaints on fencing materials and because of the difficulty of writing an ordinance which would list all acceptable materials, the Commission felt the ordinance as is works well and should not be changed at this time. There was some discussion on the possibility of specifying a minimum and maximum height for security arm fences, such as from six to eight feet. The Commission acknowledged the difficulty of storm drainage maintenance when the area is fenced in. Chairperson Dehn opened the public hearing. MOTION by Pease, Seconded by Apel, to continue the public hearing and direct Staff to re-advertise.' DISCUSSION: The Commission discussed various scenarios where storm drainage areas may need to be cleaned. .Mr. Carlberg was asked to establish some cases and examples where no fencing is needed and warranted. Mr. Carlberg stated no permit is . needed for a resident to fence property; however, the majority do call the City prior to installing a fence to obtain the requirements. Possibly something will have to be tied to the platting process as to where fencing can or cannot be placed. He will also ask Staff to consider a change as proposed versus requiring fences to be outside of drainage easements unless the City gives permission to put it on the property line. Motion carried on a 6-Yes, I-Absent (McMullen) vote. VARIANCE: CONSTRUCTION OF ACCESSORY STRUCTURE CLOSER TO FRONT LOT LINE THAN PRINCIPAL/DESIGN ARD EXTERIOR FINISH - 1054 161ST AVENUE NW, JARIE AND ALLEN HEMMELGARN Mr. Carlberg reviewed the request of Janie and Allen Hemmelgarn to allow the construction of a pole building closer to the front lot line than the principal structure that is not constructed in similar design and exterior finish as the principal structure. The home faces west, but the front lot line is considered on I6Ist to the north. Staff is recommending approval based on the fact that a variance was granted in a similar situation on Ward Lake Drive. The accessory building would not be visible from the road. Being closer to the front lot line than the principal structure is not the problem; it is the exterior material that requires the variance. The Commission determined there is no buildable area on the east side of the principal structure, and there is a definite barrier to placing it behind or to the south. MOTION by Apel, Seconded by Jovanovich, to recommend that we send to the City Council a recommendation of, approval of the Resolution for the variance for the accessory building as presented by Staff. Motion carried on a 6-Yes, I-Absent (MCMullen) vote. "\ -) CITY OF ANDOVER REQUEST F,OR PLANNING COMMISSION ACTION DATE July 13, 1993 David L. Carlberg City Planner APPROVED FOR AGENDA ~ AGENDA ITEM 8. Variance - Accessory Building - 1054 l6lst Ave. NW - Hemmelgarn ORIGINATING DEPARTMENT Planning . BY: BY: REQUEST The Andover Planning and zoning Commission is asked to review the variance request of Janie and Allen Hemmelgarn to allow for the construction and placement of an accessory structure (pole building) located closer to the front lot line than the principal structure that is not constructed in similar design and exterior finish as the principal structure on the property located at 1054 161st Avenue NW, legally described on Exhibit A of the attached resolution. The property is zoned R-l, single Family Rural. APPLICABLE ORDINANCES , " Ordinance No.8, Section 4.05(F), Accessory Structures, states that, "No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as herein provided: '\.'--_/ 1. On residential parcels with a lot area of one (1 a.) acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure, however, the minimum distance it may be from the front lot line is sixty (60) feet. 2. All detached garages or accessory buildings constructed nearer the front lot line that the principal structure shall be similar in design and exterior finish material so as to be compatible to the principal structure." Ordinance No.8, Section 4.05(K), requires a minimum of three (3 a.) acres to construct pole buildings. Ordinance No.8, Section 5.04, establishes the variance procedure and process. Variances may be granted where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of the zoning Ordinance. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. " "../ ~ Page Two Hemmelgarn Variance 1054 161st Avenue NW July 13, 1993 Note: The location of the pole building will be required to meet the minimum district requirements of Ordinance No.8, Section 6.02 and 4.05(D). BACKGROUND INFORMATION The applicants would like to build a pole building located closer to the front lot line than the principal structure. The applicants' property fronts on 161st Avenue (County Road No. 20). In order to build a metal (pole) building as requested a variance is needed. According to the Zoning Ordinance, the structure must be similar in design and exterior finish as the principal structure. This is not the wish of the applicants, hence the variance request. Please consult the variance application form for the specific hardship stated by the applicants. COMMISSION OPTIONS ~ A. The Andover Planning and Zoning Commission may recommend . approval of the variance requested by Janie and Allen Hemmelgarn to Ordinance No.8, Section 4.05(F) to allow for the construction and placement of an accessory structure (pole building) located closer to the front lot line than the principal structure that is not constructed in similar design and exterior finish as the principal structure on the property located at 1054 161st Avenue NW, legally described on Exhibit A of the attached resolution. The Planning Commission finds that the proposal meets the conditions established in Ordinance No.8, Section 5.04. B. The Andover Planning and Zoning Commission may recommend denial of the variance requested by Janie and Allen Hemmelgarn to Ordinance No.8, Section 4.05(F) to allow for the construction and placement of an accessory structure (pole building) located closer to the front lot line than the principal structure that is not constructed in similar design and exterior finish as the principal structure on the property located at 1054 161st Avenue NW, legally described on Exhibit A of the attached resolution. The Commission finds that the proposal does not meet the requirements set forth in Ordinance No.8, Section 5.04. The Commission finds that no hardship exists due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. C. The Andover Planning and Zoning Commission may table the item. 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" ft.,..ccl A h.s "lie,. ~/coo ~,.f1,,,~ /.....d..1- to" ~L_.":" ~/':'''''+'''''L- o"u. I..A;,I. ,~ ,{.<.rJ. VLvL_41~ ~_ J L I>- o .J. W \II F ~ ~) , ",(];.,";;~CC'i~". ;'.'_ I >~":; -~ -.1 ... ' '--' .1 .\....L~/ ":r_~7-.'~.____ 'c__ :,-;.:-.... ._,....;...,...-,. CITY of ANDOVER VARIANCE REQUEST FORM \to \ c,:;. \\\)~ ~'). \.,0. Property Address )\054 Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addition Plat Parcel PIN l:! - ~d..- ~ 1....\ - ~ a. - 000 L.\ (If metes and bounds, attach the camp ete ega) --------------------------------------------------------------------- Description of Request \,.:}o....("\"\ ~n 'n~~.\\t\ n... \,C\~ no.."Y"'\ c\nc...<...., ~() ~,",e~ ~{"(")("\""\ \o-l\' \\M_ ~"n.f'\ ~\\'€.... ?{"$'\(""\()'~ <=::->-\-, 'J... <..-\u,.e /. . \ Specific Hardship $'(\.\i"'~',('\~ \ ()t:" (.."~\~\,, ("" o '-^ ,->e.S A'\~~\(,,\~',~<, ()~ r1\o\j~i\<i 'o-k,\~\cv:t, 'oQ.."'\~~ ,?~\f'c:..\"\Q.., ~-\-{",^-~-tv...{'.e,.. .,. - (J ~C'\'-l-. '-,Q.... ~ r\ (" -\'...., ~ '" <-,..1..;: '-" '-~" ~~Q ~ \,l",S<'" 't\, \ \-\- \6 s;:: 6 C ~"::-\\',.("'e S~,"",,~-\- cn\\~~'\Jo..("-\\t',f\ Section of Ordinance 4'0:7 d-?o4-Current Zoning A-I --------------------------------------------------------------------- Name of Applicant ~c..y\,"-- Co\- <1.\\('0(\. ~oe'N'\("C\'2\c:.S"'{'V"'- Address \05'-\ \\f)\~ ,,~~ N \J. Home Phone Lt')t.\. -<q;q'?>l Business Phone ~rl..I- Ct)S'i)3 (,So..n'H) ~~~::~~::~~~~-~=~~~3~~~__________~:~:__~}_~~!~:________ Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date " --------------------------------------------------------------------- '-J , ' ~~ .~ -" \",.J " VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: l' 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family $ 75.00 Other Requests - $100.00 Date Paid &/Z~H3 '/,/70 Receipt It Rev. 1-07-92:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: 1. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Angn-=:r ~ 1 QQ~ AGENDA t-..O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM t-..O. Variance Construct Home/No Frontage 175xx Round Lake Blvd. NW Arthur Swanson Planning ~ ~ BY: 3. David L. Carlberg City Planner REQUEST The City Council is asked to review and discuss the variance request of Arthur Swanson on the property located at 175xx Round Lake Boulevard NW. Mr. Swanson would like a variance from Ordinance No.8, Sections 4.04 and 6.02, and Ordinance No. 10, Section 9.06. All sections previously listed require buildable lots to have frontage on a publicly maintained and dedicated right-of-way and 300 foot of frontage or lot width at the building setback line. / '- ) BACKGROUND For background information on the request, please consult the attached staff report presented to the Planning and Zoning Commission and the minutes from their July 13, 1993 meeting. PLANNING AND ZONING RECOMMENDATION The Planning and Zoning Commission, at their July 13, 1993 meeting made the motion to deny the variance request. Attached is a resolution for Council review and approval. MOTION BY: ) TO: , ." . ) '-- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING THE VARIANCE REQUEST OF ARTHUR SWANSON TO ORDINANCE NO.8, SECTIONS 4.04 AND 6.02, AND TO ORDINANCE NO. 10, SECTION 9.06 ON THE PROPERTY LOCATED AT 175XX ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. WHEREAS, Arthur Swanson has requested a variance to Ordinance No.8, Section 4.04 and Ordinance No. 10, Section 9.06, which requires a buildable lot to have frontage on a public street right-of-way which has been accepted and is currently maintained by the City on the property described on Exhibit Ai and WHEREAS, Arthur Swanson has requested a variance to Ordinance No. 10, Section 9.06 and Ordinance No.8, Section 6.02, which requires the lot width to be three hundred (300') feet at the front setback line on the property described on Exhibit Ai and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8, Section 5.04 and Ordinance No. 10, Section 17i and "-) WHEREAS, the Planning and zoning Commission finds that parcel does not have frontage on a public street right-of-way which has been accepted by the City and maintainedi and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Andover hereby agrees with the Planning and zoning Commission and denies the request of Arthur Swanson on the property legally described on Exhibit A. Adopted by the City Council of the City of Andover this 3rd day of August, 1993. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk \ j ./ " Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 11 .~ ~ VARIANCE: CONSTRUCT SINGLE FAMILY HOME ON PARCEL WITHOUT FRONTAGE ON A PUBLIC RIGHT OF WAY - 175XX ROUND LAKE BOU4EVARD NW, ARTHUR SWANSON Mr. Carlberg reviewed the request of Arthur Swanson to vary from the frontage and width requirements on a parcel. He noted the lot does not have frontage on a public street right of way which has been accepted and is currently maintained by the City. Plus it does not meet the minimum requirement for lot width at the front setback line of 40 feet since the property line is 300 feet from Round Lake Boulevard. Because the parcel does not have the frontage on a publicly maintained and dedicated right of way, the front lot line cannot be established. Mr. Swanson has legal access to the property through an easement access, but he does not own that access. Staff is recommending denial. All similiar requests where only an easement provides access to a parcel from a dedicated street have been denied. Mr. Carlberg stated when the property around this parcel was developed, the owner at that time was asked to develop as well. He did not want to participate. This problem could have been resolved at that time. o Arthur Swanson - stated he owns the parcel in fee, having purchased it last year. That is the only parcel not built on. He has letters from all the neighbors indicating agreement with the construction of a house. He stated along Seventh Avenue there are a lot of parcels at the end of stub streets. The Commission indicated those were allowed prior to the ordinance. Mr. Carlberg explained the different requirements between the metes and bounds subdivisions and platted areas. He felt Mr. Swans en has two options, to construct a City street that meets rural specifications or to sell the property to the adjacent property owner, combine it and utilize it. Mr. Swanson - explained he has a statement made by the City Attorney to the owner in 1986 that the City would not issue a building permit on that parcel until a driveway was constructed to City standards. He is prepared to do that. At the time of the purchase he was assured by the seller in the purchase agreement that the road situation was taken care of. He then gave some background on the creation of that lot. The Commission noted a driveway was to city road standards in those days. Now the requirement is for a standard city street which has been dedicated and accepted by the City. Mr. Swanson would have to pay those costs. They suggested he talk with the Acting City Engineer as to the procedure for constructing a standard City street to his property. MOTION by Apel, Seconded by Squires, the Resolution denying the variance as prepared by Staff. Motion carried on a 6-Yes, I-Absent (McMullen) vote. This will be on the August 3, 1993, Council agenda. ~ There being adjourned. \'V~e0~~ul Marc~ A. no further business, Chairperson Dehn declared the meeting 10:19 p.m. ~ GLVl Peach, Recording Secretary :J CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION DATE Julv 13. 1993 A1GENDA IT,EM O. Var~ance Frontage & Width Req. 175xx Rd Lake Blvd. Arthur Swanson ORIGINATING DEPARTMENT Planning . BY: David L. Carlberg City Planner APPROVED FOR AGENDA .v~ REQUEST The Andover Planning and Zoning Commission is asked to review the request of Arthur Swanson for a variance to Ordinance No. 10, Section 9.06 and Ordinance No.8, Section 6.02 on the property legally described on the attached Exhibit A. APPLICABLE ORDINANCES Ordinance No.8, Section 5.04, defines and establishes the variance procedure to Ordinance No 8, the Zoning Ordinance. Ordinance No. 10, Section 17, defines and establishes the variance procedure to Ordinance No. 10, the Subdividing and Platting Ordinance. , '\ '-.J If the Commission chooses to deny the variance request, it is imperative that the Commission indicate findings of fact in this and all variance cases. Ordinance No.8, Section 4.04, Lot provisions deems a lot buildable provided it has frontage on a public street right-of-way which has been accepted and is currently maintained by the City. The parcel being reviewed in this request does not have frontage as specified in this Section. Ordinance No. 10, Section 9.06 requires a lot to have a m~n~mum width of 300 feet at the building setback line. All lots are also required to have frontage on a publicly dedicated street. Ordinance No.8, Section 6.02 establishes the minimum lot requirements for an R-1, Single Family Rural District. The minimum requirement for the lot width at the front setback Line is 300 feet. The front setback line is forty (40') from the front property/right-of-way line in the R-1 District. The parcel does not abut or have frontage on a publicly maintained and dedicated right-of-way. Therefore, the front lot line cannot be established. ,. , '-./ ~ o ~ Page Two Variance 175xx Round Lake Boulevard NW Arthur Swanson July 13, 1993 GENERAL REVIEW Through reviewing the request the Commission is aware that the parcel does not have frontage on a publicly maintained and dedicated right-of-way. The easement for driveway purposes does not constitute having frontage. The City has similar situations and has not allowed the construction of homes on parcels that do not meet the frontage requirements. COMMISSION OPTIONS A. The Andover Planning and zoning Commission may recommend approval of the variance request of Arthur Swanson on the property legally described on Exhibit A. The Planning Commission finds that the proposal meets the criteria established in O~dinance No.8 Section 5.04 and Ordinance No. 10, Section 17. B. The Andover Planning and zoning Commission may recommend denial of the variance request of Arthur Swanson on the property legally described on Exhibit A. The Planning Commission finds that the proposal does not meet the criteria established in Ordinance No.8 Section 5.04, 4.04 and 6.02, and Ordinance No. 10, Section 9.06 and 17. C. The Andover Planning and zoning Commission may table the item. 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'\\ \,\"Y ca.:se...,e"i" ,f!",.. . , .L-.q/'''~5 C r- -I <?- <=':Jr~5' ~~ "/odd Ol''''sc~-e..." t7 S'l~ Ht'~rl, oO!, 51-. ~"Z I-- ~I '<l ") ~ ~ 1 ~~.., r' j " ,~ ..~'~.~::'.:"'.. - :..~ ;;i(J""'~";-'\ .'1 c.'. .~. \ "'~ :~ "1 6 J \,... )Y r..'t~;..,,;:~~::... . CITY of ANDOVER VARIANCE REQUEST FORM property Address /75 XX ROUfld Lak Blvd, )' Anc/ove.r; MIJ 5530t./ , Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addition Plat Parcel PIN 04 31. 1.,4 32 0001 (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- "J Description of Request I rqu.est ~+- -Hvz-. Cii-y &fl.4(\~ w~u.Ic1 a)ftX-<) me -/0 Cm1~+ru.Gr r\ dn'~a..y +0 -+k sta.n.dard., 011 'fk cJly W dr,'~'fS lo~er <MWA 3Q:?' 40 9,'1.1(\ ClcUG<; -10 -fI..e.. n~ /,~ L t.<J,"SJ, 10 bu;ld ~ <f-/..,'-s un,'ttJf.J../Z.. p-o.ree1~ t/lyse1'P a,nd at( '1e/'fhk would oreJe.r t1~t -10 ~~trL a. c-<.<I-de-Sdtfk J..u..e-') . I (s~e a'fha.u.U:l Specific Hardship Lof wq.s Ou.rr~6-s_ul C# a.W- S~ h~ rl..S rJrd. <i{ ~f,'~ I w~H. 'M.~'f- A-r- ~ ),~, 0'7 tY!/.'c.,'cv!s /"1strt.t.'-'~ pre';;M{<j M~S i-I" AA- a dr; v-e.. wd r m u ~ t- k CP--1.s rru c. ~ <1-0 CICfj 51zy, dil1d.s ( S<!. e. d- +fa c.kd Section of Ordinance (,1)2 ....5.0'1 Current Zoning ~ 1<-1 --------------------------------------------------------------------- Name of Applicant Ar+/'ur S Wd/lSo/\ Address 1752~ RoUr1d '-a.k. 8/vc1, A..,~, MAJ 55304 , Home Phone 753-3~0 Business Phone 753-301::>& ""' 7:23 -95:25 Signature ~~/'z:f!-Y1.-"~.:!' _ Date 6-29-~ --------------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date ,~) --------------------------------------------------------------------- i I... -.J ..-J \' ~ ') '- , " VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family $ 75.00 Other Requests - $100.00 Date Paid i/I/Cf3 Receipt II 412&1.., Rev. 1-07-92:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: 1. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. , ~) Arthur J. Swanson 17523 Round Lake Blvd. Anoka, MN 55303 753-3066 " June 29, 1993 City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 Continuation of Variance Request Form ~ Description Continued - We all feel that it is unnecessary to have a full roadway with a cul-de-sac to service only one home because all adjoining properties are built on already and none of the land is large enough to be redevided other than Watson's farm to the north. The Watson's do not intend to do any developing soon either for us gain access to the parcel that way. This parcel was split and sold to the Pembertons (forme~ residents at 17551 Round Lk. Blvd.) at the same time Ordinance 8 was being drafted. They purchased the land with the intent of using it for pasture until they could build their retirement home there. The deed of the Pemberton's was filed only days after the adoption of Ord.8 by Andover. Pembertons and the future owners, Carsons, were both told by City Officials that to build on this land the driveway would have to be built to the city standards for long driveways. There is a large pond next to the inlet to the land that would make construction of a cul-de-sac infringe on this wetland causing filling of part of it. We wish to build our home back in a clearing in the woods and infringe upon nature as little as possible here. We would like for you to allow us to build a driweway to city specs and even blacktop the entire thing if requested to assure access for any emergency vehicles. Specific Hardship - This lot has a unique shape and setting that prohibits owner from obtaining proper frontage on Round Lake Blvd. This land has a large pond on it that restrict the construction of a roadway and eliminates the possibility of splitting the parcel into multiple lots. All adjoining property is developed on 3 sides so construction of a street, for the city to maintain, that only has the possibility to serve only one house is a burden on the taxpayers and city maintainence crew also. , ~) ,.. PIN~ O~ 32 14 31000! That part of the Southwest Quarter of Section 4, Township 32, Range 24, Anoka County, Minnesota, described as follows, to-wit: ". J Commencing at a point on the West line of said Southwest Quarter, distant 1,661 feet North of the Southwest corner thereof thence East, parallel with the South line of said Southwest Quarter, a distance 'of 400 feet; thence deflect right 17 degrees 06 minutes, a distance of 40.43 feet, and to the actual point of beginning of the tract of land to be herein described; , thence continuing on saiglast course a distance of 59,57 feet; thence deflect left 15 degrees 00 minutes, a distance of 209.60 feet; thence deflect left 19 degrees 11 minutes 42 seconds; a distance of 403.70 feet; thence deflect right 17 degrees OS minutes 42 seconds, a distance of 42,67 feet; thence North, parallel with the West line of said Southwest Quarter, a distance of 236.30 feet to a line drawn 660 feet South of the North line of said Southwest Quarter; thence West, along '-said line so drawn 660 feet South of said North line, to a point thereon which is 438.25 feet East of'the said West line of said Southwest Quarter; thence South to the actual point of beginning and there terminating. Subject to and reserving an easement for roadway purposes over the South 30 feet thereof. ~) Together with a non-exclusive easement for ingress and egress for roadway purposes over a strip of land lying 30 feet on each side of and parallel with the following described line: Commencing at a point on the' West line of said Southwest Quarter distant 1,661 feet North of the Southwest corner thereof; thence East, parallel with the South line of said Southwest Quarter, a distance of 400 feet; thence deflect right 17 degrees 06 minutes, a distance of 40.43 feet, and there terminating. And together with a non-exclusive easement for ingress and egress for roadway purposes over a 30 foot strip of land adjacent to, Southerly of with the most Southerly line of the above first described parcel. ." j "'---"'" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA ITEM NO. Amended SUP Kennel Operation 16422 Hanson Blvd. NW Dover Kennels David L. Carlberg City planner BY: ~ ~ REQUEST The City Council is asked to review the Amended Special Use Permit request of Jeff Bergeron (Dover Kennels) to expand the kennel operation from 45 dogs to 60 dogs on the property located at 16422 Hanson Boulevar~ NW and legally described on the attached resolution. APPLICABLE ORDINANCES ,--) Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03, establishes those uses allowed by Special Use Permit. In an R-1, Single Family Residential District, dog kennels are allowed by the granting of a Special Use pe rmi t. In granting an Amended Special Use Permit, the city Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Planning & Zoning Review The Planning and Zoning Commission, at their July 13, 1993 meeting, recommended approval of the Amended Special Use Permit request with conditions. Attached for your review are the minutes and the staff report from the meeting. Attached is a proposed resolution for Council review and adoption. MOTION BY: '- ) TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R o A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF JEFF BERGERON (DOVER KENNELS) TO EXPAND HIS KENNEL OPERATION FROM 45 TO 60 DOGS ON THE PROPERTY LOCATED AT 16422 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, Jeff Bergeron of Dover Kennels has requested an Amended Special Use Permit to expand his kennel operation from 45 dogs to 60 dogs on the property located at 16422 Hanson Boulevard NW and legally described above; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property values; and the use would be consistent with the Comprehensive plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and o WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Amended Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to grant the Amended Special Use Permit requested to allow Jeff Bergeron (Dover Kennels) to expand his kennel operation from 45 dogs to 60 dogs on said property with the following conditions: 1. The Special Use Permit will be subject to annual review by Staff. 2. The kennel license will be subject to annual renewal. 3. Shooting will be at a minimum. 4. The Special Use Permit covers the full 60 acre parcel. Adopted by the City Council of the City of Andover on this 3rd day of August, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor u victoria Volk, City Clerk " Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 8 ~ (Public Hearing: Preliminary Plat, Woodland Pond, Continued) " The hearing was opened for public testimony. Torn Zurn, 3670 142nd Avenue NW - understood there would be an abutting his back yard. Mr. Carlberg explained the utility extends along the southern edge of the plat. Abutting his yard the normal five- or ten-foot easements for drainage and purposes. MOTION by Pease, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. easement easement would be utility There was some concern about the setback for a possible deck on the side of the lots facing Round Lake Boulevard. Mr. Carlberg stated that would be determined at the time the sketch is done for the building permit, though possibly something could be included in the legend so it is known at the time of the sale. The setback off Round Lake Blvd. is 40 feet. MOTION by Peek, Seconded. by Pease, that the Andover Planning and Zoning Commission recommend to the City Council adopt of the Resolution contained as an exhibit in the Planning Commission's packet with the following change, Item 1, Lot 11 is changed to Lot 1. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. This will be on the August 3, 1993, City Council agenda. 9:05 p.m. '--) ~ PUBLIC HEARING: AMENDED SPECIAL USE PERMIT - EXPAND KENNEL OPERATION, \...:7.) 16422 HANSON BOULEVARD NW - JEFF BERGERON (DOVER KENNELS) 9:05 p.m. Mr. Carlberg reviewed the request of Jeff Bergeron, owner of Dover Kennels to expand the kennel operation from 45 dogs to 60 dogs. The original Special Use Permit was granted in 1988 for 26 dogs. It was amended in 1992 to expand to 45 dogs, and the request is now to increase to 60 dogs. There have been no complaints regarding his operation. The applicant has indicated there is a real need for his services and this request is needed to provide further service to the community. The hearing was opened for public testimony. Jeff Beroeron, 16422 Hanson Boulevard NW - stated he will not be expanding his building to accommodate the 60 dogs. He currently has 48 runs in the facility, but many are dog families where more than one dog is kept in the same run. If he remains a family business, 60 dogs would be his capacity. If he wants to expand, he would have to hire employees. He stated there is a real need for dog kennels in Andover, and he is not even beginning to meet it. Over the Fourth of July weekend, he turned away 60 dogs. The more the City grows, the more his business will grow. There is still buffering around his entire operation. :J MOTION by Apel, Seconded by Pease, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (McMullen) vote. " Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 9 '0 (Public Hearing: Amended Special Use Permit, Bergeron, Continued) " MOTION by Apel, Seconded by Pease, that we send the Resolution to the City Council granting the Amended Special Use Permit request of Jeff Bergeron, and the request will take the exact form of the Resolution No. 161-92. The only change we will make on it goes from 45 dogs to 60 dogs. Motion carried on a 6-Yes, I-Absent (McMullen) vote. This will be on the August 3, 1993, City Council agenda. 9:16 p.m. PUBLIC HEARING CONTINUED: AMEND ORDINANCE NO.8, SECTION 8.08, PARKING REQUIREMENTS - CURB CUT STANDARDS 9:16 p.m. Mr. Carlberg explained the amendment is to require a maximum of a 24-foot driveway width at the street curb to the right-of- way/property line. Other residential driveway widths shall not exceed 30 feet. Because the City's standard is now for surmountable curbs, the term "curb cub" has been eliminated. The right-of-way line and the property line are one in the same. Chairperson Dehn opened the hearing for public testimony. none. There was o MOTION by Pease, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, I-Absent (McMullen) vote. MOTION by Jovanovich, Seconded by of Ordinance No. 8 as written. (McMullen) vote. This will be Council agenda. 9:21 p.m. Squires, to adopt the prdinance change Motion carried on a 6-Yes, I-Absent placed on the August 3, 1993, City PUBLIC HEARING: AMEND ORDINANCE NO., 8, SECTION 4.21, FENCES AND WALLS - FENCE MATERIALS AND LOCATION OF FENCING 9:21 p.m. Mr. Carlberg stated the Commission has been asked by the City Council to consider the materials and type of fencing permitted, as currently the ordinance does not specify the type of materials a fence can be constructed of in residential districts. In 1992 the Commission recommended no change to this provision of the ordinance. To his knowledge there has not been a problem. Mr. Carlberg also stated that in addition, the Public Works Department has asked the Commission to consider placing a provision in Section 4.21 that would not allow fencing on drainage and utility easements when the City deems it necessary to access the area for the maintenance of City utilities. They have a problem getting in to maintain storm drainage situations in back yards if it is all fenced in. The current ordinance allows fencing on the property line, and an amendment would not allow fencing on the easements when the City deems it necessary to access that area for maintenance. () ''\ 'J CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION July 13, 1993 AGENDA ITEM 5. Public Hearing Amended SUP Kennel Operation 16422 Hanson Blvd NV DATE ORIGINATING DEPARTMENT Planning ~ David L. Carlberg ~ City planner BY: APPROVED FOR AGENDA BY: REQUEST The Andover Planning and Zoning Commission is asked to review the Amended Special Use Permit requested by Jeff Bergeron of Dover Kennels to expand the kennel operation from 45 dogs to 60 dogs on the property located at 16422 Hanson Boulevard NW. The property is legally described as follows: The North half of the Northeast Quarter of the Northeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota. APPLICABLE ORDINANCES " Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Section 5.03 requires that "any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the Special Use Permit shall require an amended Special Use Permit and all procedures shall apply as if a new permit were being issued". '--~ Ordinance No.8, Section 7.03 lists those uses allowed by Special Use Permit. In an R-1, Single Family Rural District, dog kennels are allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3. The effect on the values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. The Commission should consider these criteria when making a decision to recommend to the City Council approval or denial. '-/ Ordinance No.8, Section 3.02, Definitions, defines a "Dog Kennel" as "any place where four or more dogs over the age of six months are boarded, bred and/or offered for sale, except a veterinary clinic". /, ,~) Page Two Amended SUP - Jeff Bergeron (Dover Kennels) 16422 Hanson Boulevard NW July 13, 1992 GENERAL REVI EW The applicant on June 21, 1988 was granted a Special Use Permit to operate a boarding and training kennel for 26 dogs at the property indicated above. Attached for Commission review is the resolution listing the conditions of the permit. The concerns indicated at the meetings centered around the number of dogs (80 were requested), the noise factor and the traffic patterns generated by the operation. Attached are the resolution and the minutes from the Planning and Zoning and City Council meetings. On September 1, 1992, the applicant received an Amended Special Use Permit to expand his kennel operation from 26 dogs to 45 dogs. Attached are the resolution and the minutes from the Planning and zoning and City Council meetings. COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Amended Special Use Permit for a kennel license requested by Jeff Bergeron of Dover Kennels to expand the kennel operation from 45 dogs to 60 on the property located at 16422 Hanson Boulevard NW. ~) The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. The Commission shall also make the following conditions: 1. The Special Use Permit will be subject to annual review by Staff. 2. The kennel license will be subject to annual renewal. 3. Shooting will be at a minimum. 4. The Special Use Permit covers the full 60 acres. 5. Other conditions as deemed necessary by the Planning and Zoning Commission. 2. The Planning and zoning Commission may deny the Amended Special Use Permit requested by Jeff Bergeron of Dover Kennels to expand the kennel operation from 45 to 60 dogs on the property located at 16422 Hanson Boulevard NW. " The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. '. , --,' '/:~':' '~'111'- r ....V'. ?,Y _ ( l ..' ... \./~.\...l: ~ . l' /^", " ";f 'OJo~~~Oi'2 i :...-~Ir-;- 0~\ ,I r./~ ~ ,. .J.7j'/}I. I.' I '~IOG~// i . I" . 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MINNESOTA 55304 · (612) 755-5100 property Address SPECIAL USE PERMIT /U ,/d-...2 JI~NSd'v/ b- Jf) Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addi tion (If metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the County.) PIN --------------------------------------------------------------------- IluMuc?R. AI1-.5 A A!L76~ h~ N1-0zC= )(e-,d~t?L 6/Ac::k- 7A;C.~4-5E )::rZA-ln/C ~ lJO&S J .,- \)"Z? S I x7 '-;/ / Reason for Request Section of Ordinance Current zoning A-I -------------------------,------------------------------------------- Name of Applicant J;:rJ: IJEe-6e~"/ Address /&s/:J.) flA~S,)or/ I3LvfJ Home phone tf3t.(- 733;;2 Business Phone c;tf9~~ ~~=::::::~~~---------------_::::_---~-~~~~::~----- Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Date --------------------------------------------------------------------- "J SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the city of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee Date Paid 1.-/1-9.3 Receipt it -It 961 Rev. 5-06-93:d'A Res. 179-91 (11-05-91) :J CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use permit, the city Council shall consider the advice and recommendation of the Planning and zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the comprehensive plan. ,~J ',~ .~ ,J /~...., '~";~'~";,,~, Ji"~~" { -~ (. (..L '. J ~ ,t "-~""_,,~~,:,,,;~.::~-:.->_.;o. 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 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, July 13, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Amended Special Use Permit request of Jeff Bergeron (Dover Kennels) to expand the kennel operation (boarding and training) from 45 dogs to 60 dogs located at 16422 Hanson Boulevard NW legally described as the North half of the Northeast Quarter of the Northeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota. All written 'and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. ~If~ Victoria Volk, City Clerk publication dates: July 2, 1993 July 9, 1993 Q Occupant 1781 - 167th Avenue NW Andover, MN 55304 . ',32 24 44.0001 ~~:ome & Gayle Pikus 16526 Hanson Blvd NW Andover, MN 55304 ,J )~ (!:> Q V ~~ 1'<:]'. 4.. S "'-if ,-) Edward Bayers 1657 - 161st Avenue NW Andover, MN 55304 Dorothy Aasness 16425 Hanson Blvd NW Andover, MN 55304 Jeff Bergeron 16422 Hanson Blvd NW Andover, MN 55304 Ct'" - f:\' ~c~ .J ~_."'. -......~ / CITY of ANDOVER Regular Planning and zoning Commission Meeting August 11, 1992 - Minutes The Regularly Scheduled Andover Planning and zoning Commission meeting was called to order by Chairperson Bonnie Dehn at 7:30 P.M., Tuesday, August 11, 1992 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissioners Present: Commissioners Absent: Also Present: Jonak; Peek; McMullen; Dehn; Pease Apel Dave Carlberg, City Planner; others Aooroval of Minutes - July 28, 1992 - Special CC/P&Z Meeting MOTION by Peek, seconded by Jovanovich to approve the minutes of the Special Meeting of July 28, 1992 as presented. Motion carried unanimously. ~ Approval of Minutes - July 28, 1992 - Regular P & Z Meetina Mr. Carlberg asked that for clarification purposes, he would like to note that regarding the Public Hearing for Real estates signs for the Meadows of Round Lake in a residential district you are allowed only one sign per lot frontage. This is pursuant to Ordinance 8, Section 8.07. (j) "- , . '.~) MOTION by Peek, seconded by Jovanovich to approve the minutes of the July 28, 1992 regular meeting as clarified. Motion carried unanimously. Public Hearing/Amended Special Use Permit/Dover Kennels Mr. Carlberg explained the request to expand the kennel operation owned by Jeff Bergeron from 26 dogs to 45 dogs. In 1988 Mr. Bergeron was issued a Special Use Permit for the kennel operation. At that time he had requested 80 dogs but reduced the number to 26. One of the concerns at the time this went before the Planning Commission was the noise caused by the shooting done during training. However, the city has received no complaints regarding the operation. Mr. Carlberg also noted that Mr. Bergeron has approval from the Building Department to add on to his existing kennel. Jeff Bergeron stated that he spoke to his neighbors and they do not have a problem with the expansion of the kennel operation. / " ./ .,/' , / ,/ , '\ 'J ~ ) :: ) '-- - Regular Planning Commission Meeting August 11, 1992 - Minutes Page 2 (Amended Special Use Permit, Cont.) Commissioner Jovanovich asked hew big the kennel spaces are. Mr. Bergeron noted that they are 3' x 16' each with inside space as well as outside space. Commissioner Jovanovich questioned what requirements there are for dogs being boarded and if Mr. Bergeron has a State license. Mr. Bergeron stated that all dogs have to have up to date shots for parvo, distemper and rabies and that he does not have a license through the State. Commissioner Jonak asked when development of this area would take place. Mr. Carlberg noted that if development does occur, the lots would have to be 2.5 acres as that area does not have city sewer and/or water. MOTION by Pease, seconded by McMullen to close the public hearing. Motion carried unanimously. MOTION by Peek, seconded by Pease that the Andover Planning and Zoning Commission recommend to the City Council approval of an Amended Special Use Permit for a kennel license requested by Jeff Bergeron of Dover Kennels to expand the kennel operation from 26 dogs to 45 on the property located at 16422 Hanson Boulevard NN. The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive plan. The Commission shall also make the following conditions: 1. The Special Use Permit will be subject to annual review by staff; 2. The kennel license will be subject to annual renewal; 3. Shooting will be at a minimum; 4. The full 60 acre parcel will be utilized; 5. A public hearing was held and there was no comment. Motion carried unanimously. Variance/Parking Requirements/G & R Elevator Mr. Carlberg explained that G & R Elevator is requesting a variance to Ordinance No.8, Section 8.08, Parking Requirements. The property is located at 2352- 136th Avenue N.N., which is Lot 2, Slock 2, Andover Commercial Park. The property is zoned General Business. The ordinance requires a minimum number of off street parking spaces to be provided based on the use of the building. G & R's building will be 14,960 square feet and the ~ o ,. ~ Regular Andover City Council Meeting Minutes - September 1. 1992 Page 2 AMENDED SPECIAL USE PERMIT/DOVER KENNELS Mayor orttel asked whether the expansion of this Permit will create a problem with the church which is to be built immediately adjacent to this property. Hr. Carlberg stated the operations are located 20 acres north. If it got to be a problem, the City could impose hours of operation or limit the expansion. MOTION by Jacobson, Seconded by HcKelvey. the Resolution as presented granting the Amended Special Use Permit request of Jeff Bergeron (Dover Kennels) to expand his kennel operation at 16422 Hanson Boulevard NW. (See Resolution R161-92) Motion carried on a 4-Yes. 1- Absent (Smith) vote. .VARIANCE/G&R ELEVATOR/PARKING REQUIREMENTS . The,Council reviewed the variance request of G & R Elevator to reduce the number of parking spaces required by the Zoning Ordinance from 25 to 17 spaces. The business currently has 8 employees. The Planning and Zoning commission recommended approval of the request. Attorney Hawkins advised the owners would need to provide a covenant in which an area for the future expansion to the parking lot to meet the minimum requirement will not be built upon. That area can only be landscaped or built upon with the expansion of the parking lot. MOTION by Jacobson. Seconded by Perry. the Resolution granting the variance request subject to that covenant being supplied to the City and then signed. (See Resolution R162-92) Hotion carried on a 4-Yes, 1-Absent (Smith) vote. AREA IDENTIFICATION SIGN/EMMERICH Mr. Carlberg reviewed the background relating to the Special Use Permit request of Tony Emmerich Construction to allow for the continued placement of an area identification sign at the entrance of the Hills of Bunker Lake 4th Addition at 140th Lane. Since the request, the ordinance has been amended. The question is whether it is one sign or two since there are monuments on both sides of the road. The Council felt the intent was that the sign is a single unit to identify the area. The square footage of both signs does not exceed the 32-square-foot requirement of the ordinance. There was some concern about maintenance in the future when the developers are no longer around. suggesting the possibility of establishing an escrow ~ fund. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. Rl~-92 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF JEFF BERGERON (DOVER KENNELS) TO EXPAND HIS KENNEL OPERATION FROM 26 TO 45 DOGS ON THE PROPERTY LOCATED AT 16422 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, Jeff Bergeron of Dover Kennels has requested an Amended Special Use Permit to expand his kennel operation from 26 dogs to 45 dogs on the property located at 16422 Hanson Boulevard NW and legally described above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property values; and the use would be consistent with the Comprehensive Plan; and . WHEREAS, a public hearing was held and there was no opposition regarding said request; and ~ WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to grant the Amended Special Use Permit requested to allow Jeff Bergeron (Dover Kennels) to expand his kennel operation from 26 dogs to 45 dogs on said property with the following conditions: 1. The Special Use Permit will be subject to annual review by Staff. 2. The kennel license will be subject to annual renewal. 3. Shooting will be at a minimum. 4. The Special Use Permit covers the full 60 acre parcel. Adopted by the City Council of the City of Andover on this 1st day of September, 1992. ,~ ATTEST: iLt:-~ tW Victor~a Volk, City Clerk " , ! o Planning and Zoning Commission May 10, 1988 Page Eight MOTION was made by Commissioner Jacobson, seconded by Commis 'oner Vistad that a public discussion was held, and received considerable amount of public input in the wording of the ordinan and the Commission finds that changes in the amendment wil strengthen the existing ordinance, and will make it easier to en ce and to take control of the dogs/cats within the City, with the xception of the inclusion of Section 24 from the ordinance. Further discussion Commissioner Jacobson followed regarding the exclusion of tion 24 in the ordinance, He didn't feel it was proper to t k it onto the end of the dog ordinance and that a separate or . ance would be more proper. The Planning'Commission also recommends to e City Council that they consider advising the Animal Control and anagement Agency and enable them to issue citations. This item be on the agenda of the June 7 City Council Meeting. rnard, Bosell, Jacobson, otion carried Roll call: Commissioners Perry, Jovanovich, Pease and Vistad voted unanimously. ~) Chairman Perry recessed the meeting at 9:05 p.m. and reconvened at 9:15 p.m. SPECIAL USE PERMIT #88-04 (13EnGEnON) PUI}LIC IIEARING Mr. Morey explained that the 13ergerons, of 16422 Hanson Boulevard NW, are requesting a special use permit to operate a boarding and training kennel with an 80 dog capacity. Their property is zoned R-1. The Planning Department is concerned about the large capacity of the kennel and its use as a boarding and training facility. The request seems to exceed the intent of the special use and to be more of a commercial use. Therefore, the Planning Department recommends denial of this request at this scale. Mr. Jeff 13ergeron, 16422 Hanson Boulevard, stated he has been a professional dog training for the last three years. lIe would be using the land for training and also to build a kennel, 40' x 2.\' Iii th 26 interior runs. The reason for the 80-dog capacity is so he'd have room for a large amount of dogs on a short-term basis for holidays, eLc. As a trainer, he can handle 20-30 dogs. The interior runs are 8 feet long, 3 feet wide. Exterior runs are 8 feet long and 3 feet wide also. ~J ~ ~ .~ '. Planning and Zoning Commission Hay 10, 1988 Page Nine Mr. Vistad asked Mr. Bergeron how he would handle the waste from the dogs. Mr. Bergeron stated there would be a septic system, under the terms of what the City requires. Mr. Vistad also had a concern regarding the noise level from such a kennel. Mr. Bergeron stated he was planning to have a fence to alleviate some of the noise. The closest neighbors are the Aaness' and are across the road 600 feet. Ms. Bosell stated that the Metropolitan Waste Commission would set requirements -- and Mr. Bergeron would have to comply with the Commission's criteria. Mr. Bergeron stated he was trying to acquire as much of tile land surrounding his property as po~sible to keep noise level at a minimum. Chairman Perry opened the public hearing. Dorothy Aaness, 16425 lIanson Boulevard, stated that she was a landowner on the south side of Mr. Bergeron's property and that she was very concerned about tile noise level of the kennel. Ms. Bosell stated the actual property would only be 3.86 acres. The additional property Mr. Bergeron is talking about is on a contract-for-deed purchase mode. There must be the consent of that fee owner to construct the kennel. Ms. Bosell feels that the intensity with which this application implies violates what our home occupation Ordinance 8 states. She also feels 80 dogs is way too many for the size of land he has. She's not against the request, but it would need to be scaled down considerably. Mr. Jacobson stated he felt that the land would be used for commercial use in a residential area and that Mr. Bergeron would need to rezone his property. MOTION was made by Commissioner Jacobson, seconded by Commissioner Vistad to close the public hearing. MOTION to close the public hearing was withdrawn by Commissioner Jacobson, with permission of the second. MOTION was made by Commissioner Jacobson, seconded by Commissioner Bernard table this agenda item until the next meeting on Hay 24th for the purpose of allowing applicant to look at his plans and and to contact the property owner who has tile contract on the additional land he's looking for, and for the City staff to look at existing kennels in the area to see wllat their sizes are and report back. :-J Planning and Zoning Commission May 10, 1988 Page Ten All voted yes. Motion carried unanimously. This item will be continued at the public hearing to be held on May 24th at the next Planning Commission. Also, Mr. Bergeron needs to discuss with the City Staff the location of the kennel building. SPLIT #88-04 (ORTTEL) This item will be moved to the end of the agenda this as agreed by the Commissioners. GRANSTRml Mr. rey stated that Leroy Granstrom is requesting a variance f1' Ordinance 52 (Scenic R"i vel'). Because the existing structure vas ly predates the adoption of Ordinance 52, and because the fi requirements for granting n variance are met, and because the croachment of the addition would be less than the encroachment 0 the existing dwelling, the Planning Department recommen approval of this request. '\ o Ms. Bosell questi ed whether the variance I-Iould be needed because of the substanda d use in Section 10.02.03. Mr. Jacobson and Chairman Perry felt th t he I-Iould not need a variance from Ordinance 52. MOTION was made by Commi 5. . oner Jacobson, seconded by Commissioner Bernard that the An over Planning and Zoning Commission recommends to the City ouncil restitution of $50 fee for a variance request for Mr. Lero. Granstrom, 4860 Marystone Boulevard. The Commission finds tha~ Mr. Granstrom's request for a variance on his parcel of property a the above address for a 15' x 15' addition falls under the Sceni' Rivers Ordinance 10.02.03 Substandard Uses Subsection 1 whl h defines that the construction of the proposed addition to hi home will not increase the substandard setback, and is the fore an allowed addition in the Scenic Rivers area on this pro erty and the Commission finds that there is no variance neede for this request and therefore respectfully asks the Counc for the application. All voted yes. Motion carried unanim usly. This item will go to the City Council on June 7th. SLAYTON SKETCH PLAN '- ) .,-~ -'"/ Todd Haas stated that the Commission is requested to re 'ew the sketch plan for the Slayton property located at 17139 Verd Street. The property is currently zoned R-l single, family rura and 2.5 acre minimum lot size. IC}\/......,.."..........,'\. . '\ :~) \. .) ~ ......t ~.:..._"..;.. CITY of ANDOVER PLANNING AND ZONING COMMISSION MAY 24, 1988 Commissioners present included Chairman Marjorie Bernard, Bev Jovanovich, Wayne Vistad and d'Arcy Bos 1. Commissioners absent were: Becky Pease and Don Ja bson. Also present were City Planner, Daryl Morey and Assis nt City Engineer, Todd Haas. The regularly scheduled Andover Planning and Zoning Commission meeting was called to order by Chairman Marjorie Per at 7:32 p.m., Tuesday, May 24, 1988, in the Council Chambers Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. , '\ 'J Chairman Perry stated that the es for two Planning and Zoning Commission meetings would have 0 be approved tonight the April 26th minutes and the May 1 th minutes. APPROVAL OF MINUTES Chairman Perry stated that e April 26th minutes contained some typographical errors that eeded to be corrected. Also there should be a correction n page 10 regarding the New Generation Homes item of t April 26th minutes to reflect four yes votes, and three v tes and that the motion was carried. Motion was made Vistad, seconded by Commissioner Jovanovich to appro the April 26, 1988 minutes as corrected. All voted yes. M ion carried. Chairman that there were two minor corrections to be made 0 minutes -- the Bergeron item on page eight shou read trainer, not trainee. Also a typographical error wa made on page 9, "purchase mode" should be changed to read chase made. Motion was made by Commissioner Bosell, seconded by Vistad t approve the May 10, 1988 minutes as corrected. All voted yes. otion carried. SPECIAL USE PERMIT #88-04 (BERGERON) PUBLIC HEARING. CONTINUED . ) . , - ~ City Planner Morey asked that this item be tabled until the June 14, 1988 meeting because Mr. Bergeron had informed Hr. Morey that he will be buying out the Contract for Deed on June 1, 1988 and that he will become the fee owner of this additional property at that time. ~ Planning and Zoning Commission May 24, 1988 Meeting Minutes Page Two Motion was made by Commissioner Vistad, seconded by Jovanovich, to table this item until the June 14, 1988 meeting. All voted yes. Motion carried. Chairman Perry opened the public hearing. SPECIAL USE PERMIT #88-05 (ENGELS) PUBLIC HEARING City Planner Morey explained Mr. Engel's request for a special use permit to allow a temporary dock, three feet by ei feet, on the Rum River as required by Ordinance 52 (Scenic Ri Ordinance), Section 6.02.01(5). The property is zoned R-l. Mr. Gordon Engels, 5555 159th Avenue NW,stated make a change on his request from an eight-foot dock dock. because the river is so low. ~ Commissioner Bosell stated that the there ight be special circumstances because the river was so low th the DNR would consider allowing greater than eight feet, t the guideline does state eight feet. If Mr. Engels could obt ~n a written statement from the DNR and the special circumstanc involved, then the Planning Commission could recommend tha change. , Commissioner Bosell checke with adjacent communities as to how much their special permit ees were. In Ramsey, the fee for the dock is based on the va e of the dock. If the size dock does not meet the size re irements, then the person would need a conditional use permit a that fee is $50. For the City of Anoka, their condition use permit is also $50 and they have to go through the public earing process. Oak Grove Township is regulated by the Co ty of Anoka and their fee is $80 and they do require a public aring. 1he City of St. Francis does not require a condit'onal use permit for a temporary dock and therefore no f is required. Ms. Bosell would recommend to the City Council at Ordinance 52 be amended to indicate a fee structure f the conditional use permit fee for $50 to cover administra ive costs. Ms. Bosell suggested that the City not take any ee money from Mr. Engels at this time until this item is hear. by the City Council. was $160, and he Mr. Engels also stated that th didn't feel he should have to pay o Also, Ms. Bosell noted that at this time that the DNR is pr paring to bring to the legislature that a conditional use ermit not be required fdr a temporary dock. ~J u Planning and Zoning Commission June 14, 1988 Meeting Minutes Page Four number of animals allowed to be housed in this dog kennel request and the Planning Commission has considered very carefully the number. It is the intent of the Planning Commission that to allow this 26-dog capacity kennel would be the maximum size allowed. The Planning Commission also considered Section 4.30 in Ordinance 8 dealing with home occupations and the intent of that section is to keep the use low in visibility and protect the integrity of the residential district. Pursuant to that Section, the need for only three additional parking spaces is allowed, and also the signage is as allowed in a single-family residential district. Said sign being no larger than 1-1/2 square feet. The Planning Commission recommends that the applicant take great care in protecting the scenic view of the surrounding property and includes, at his request, that the kennel will be air conditioned at night to eliminate the barking dog complaint. The issue in regard to traffic is a concern if it is in fact the intent of the applicant to conduct field trials at this site. The Planning Commission feels that is not the intent of a home occupation nor is it the intent with the district within which the request is made and this occurrence should be very limited, if at all. Roll Call: Commissioner Vistad - no, Commissioner Jacobson - no, Commissioner Bernard - yes, Commissioner Pease - yes, Commissioner Bosell - yes, Commissioner Perry - no. The motion will go to the City Council on a 3-3 vote. Ms. Perry voted no because it exceeds the home occupation standards set in the ordinance and does not feel it is like the others included in the special use permit. Mr. Vistad also voted no because of the parking situation which would not be enforceable and feels the City would receive a lot of complaints if this permit was approved. This item will go to the City Council on June 21. REZONING 188-02 (MENKVELD) PUBLIC HEARING. Chairman Perry stated that the a letter to the Planning Commission item be tabled indefinitely while Department of Natural Resour Petition sent re lng that this agenda yare negotiating with the by Commissioner Bosell, seconded by Vistad, to table thO em indefinitely pursuant to the letter of Art Raudio ed June 10, 1988, the request to rezone the property ified as Outlot B o~Red Oaks 5th Addition and that at such / ,~~ ~ "J Planning and Zoning Commission Meeting Minutes June 14, 1988 Page Three The total amount of materials to be excav shall not exceed 100,000 cubic yards. Attached to the permit shall be e large- scale map showing at least 0 section corner and n county road and th N numbers of the property. to show on the table. The applicant large scale Roll call: 'ommissioner Pease, Commissioner Vistad, Commissioner ernard, Commissioner Jacobson, Commissioner Bosell and Comm' ioner Perry all voted yes. Motion carried unani sly. This item will be heard by the City Council on June 21st. SPECIAL USE PERMIT #88-04 (BERGERON) PUBLIC HEARING. CONTINUED City Planner Morey stated that this item was tabled on May 24 at the request of the petitioner so that he could modify his proposal, which he has done. The new proposal includes a new location for the dog kennel and the kennel is now proposed to have a capacity of 26 dogs. Ms. Bosell could not locate any information about the dog limit for existing dog kennels in the City of Andover. Ms. Bosell stated that Hr. Bergeron's dog kennel is an allowed use in the Home Occupation section of Ordinance 8 but that the Commission has to determine whether Mr. Bergeron's request is reasonable given the size of his property. Mr. Vistad still felt the noise factor, the increased traffic and the depreciation of the property values would still be major problem for the surrounding neighbors. MOTION was made by Commissioner Bosell, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council approval of the request for a Special Use Permit for the operation of a kennel for the property located at 16422 NW Hanson Boulevard. The Planning Commission, in its consideration of the request, conducted a public hearing and there was some concern expressed on behalf of the residents as it pertained to noise and traffic. Ordinance 8, Section 7.01 district provision provides that a kennel is allowed by a special use permit in an R-1 district and thus the request comes to the City. The ~diIlance is silent as it pertains to the /" Regula~ City CouncIl Meeting '\ June 21, 1988 - Minutes " ~ Page 10 BERGERON SPECIAL USE PERMIT M~. Mo~ey explained the request Is for a kennel lIcense. The orIginal ~equest was for an 80-dog capacity dog kennel, but the PlannIng Commission felt that number was too large. M~. Bergeron then proposed a capacIty of 26 dogs, noting the proposed site plan. The PlannIng CommIssion faIled to recommend approval on a 3-3 tie vote, so it comes to the Council without a ~ecommendation. M~. Morey explaIned pa~t of the problem Is the ordInance does not have a maxImum amount of dogs allowed in a kennel, and there is no guIdance as to how many dogs the other kennels in the City have. Jeff Beroeron. 16422 Hanson Boulevard - stated the intent of the kennel Is for boardIng and training. There wIll be no breeding, but the dogs are being contInually turned over. He hopes thIs will become hIs ful I-tIme career. He has fee title for five acres and a contract fo~ deed on 55 ac~es. Councilman Apel was concerned that It is a commercial operation, which Is not the Intent of the kennel ordinance. Councilman EllIng asked If he had an optIon to do this In a commercIal zoned area. ~-J Mr. Beroe~on - dIdn't know where that comment came from. He stated this type of traInIng cannot be done In a commercial area, as there Is not enough a~ea. Councilman Knight understood this type of trainIng could not be done In a commercIal area because It requIres too much acreage. But he was concerned about the noIse factor wIth that numbe~ of dogs. Mr. Beroeron - stated the kennel will be air-conditioned so the dogs wil I be kept in at night. There will be a six-foot privacy fence around the entire kennel j so when they are out during the day, the noise should not be a problem. Also, during the day the dogs wII I generally be wIth hIm trainIng. Mayo~ Windschltl was concerned wIth apprOVing such a use on a five-acre piece, as It would set a precedent for allowIng the use on al I the othe~ five-acre pIeces In the City. He doubted whether the 55 acres under contract could be Included, thinking the ordinance required him to be fee.owner. Mr. Beroeron - stated he had originally applied for the use on the entire 60 ac~es; but because he Isn't the fee owner, he was told to change It. The land Is mostly lowland, feeling there will be no development comIng In. Counc I I man /--.",espec I a I I Y ',-----,'the dogs. ope~ation. Orttel didn't know how the noise would be handled, being concerned about the Shooting which Is used to train He too was concerned about It being a commercial ), Regula~ City Council Meeting June 21, 1988 - Minutes Page 11 (Be~ge~on Special Use Pe~mlt, Continued) M~. Be~aeron - explained there was a dog t~aine~ In the a~ea who had up to 170 dogs which were staked outside where there was no control over the noise. There is no one around him except the Aasness's and the Bayer's. He Is shooting blanks, with minimal shooting. Most of the training is on the back side of the 20, which is surrounding by trees. He's not asking to hold field trials or to hold game fairs, only to put up the kennel and train dogs on his land. He's willing tc have the permit on the 60 acres, but he doesn't have the cash to buy the 60 acres. Attorney Hawkins advised Mr. Berge~on does own 60 ac~es, as a contract fo~ deed allows all the same ~ights of a fee owner. Fo~ a p~actical matte~, it makes no sense to ~equi~e the cont~act fo~ deed selle~ to p~ovlde a w~itten statement fo~ a special use permit because they are techn i ca II y no more' than a mo~tgage company. He fe I t I f the ordi nance does ~equi~e a statement f~om the fee owne~, that the Council consider changing It, feeling It is not necessa~y or Justifiable for a special use permit. ) Hrs. DorothY Aasness - stated she was opposed to the original request of 80 dogs, but Is willing to have the smaller sized kennel, though she doesn't like the Idea of the shooting. Councilman Orttel read a letter for the record from Mrs. Aasness stating her approval of the smaller kennel but expressing concern over the shooting. Hr. Beraeron - explained the office area is 12 x 20, with 10 x 12 of It as kitchen for storage of dog food. He feeds commercial food and does no processing. Councl I discussed the pros and cons of al lowing such a permit, especially expressing concern over the noise factor. It was felt that area wi II be developing now that the new road Is going through there, thinking there should be some control over the use. They also cautioned that with the annual review, should a problem arise, the Council has the authority to rescind the permit. :~ Hr. Beraeron - stated the only place to build Is on the Bayer's or Aasness's land. There is nothing but sod fields around him, which he took Into consideration when purchasing the land for this use. He could do his training with pistol blanks, but hunting Is permitted on his property. Also, It's not an every day occurrence, as they do train elsewhere, such as St. Cloud, Blaine, and Coon Rapids. Mr. Bergeron also stated he Is sensitive to the people around him regarding the noise factor and shooting. He's not asking for a vet clinic, Just training and boarding. Councilman Knight stated it is not commercial in the sense that there is traffic. It Is a different type of operation. , I i ,I I / / , . ) i /~ 1/ / Regula~ City Council Meeting June 21, 1988 - Minutes Page 12 (Bergeron Special Use Permit, Continued) MOTION by Elling, Seconded by Knight, approval of the Special Use Permit at 16422 Hanson Bouleva~d for Jeffrey and Linda Bergeron to operate a boa~dlng and training kennel only for maximum limit of 26 dogs, shooting to be at a minimum using a pistol, and specify this will be on the full 60-acre parcel, and that It have 6-month review. DISCUSSION: Councilman Apel questioned limiting It to a pistol when that a~ea Is p~esently open to hunting. Would he be In violation of the pe~mlt If he took a dog huntIng and shot a pa~t~ldge? Mr. Beroeron - stated generally blanks will be used, but he does need to shoot pigeons on occasion. Councilman Elling amended the motion to elimInate the po~tlon ~efer~lng to the pistol. Second Stands. (See Resolution R132-88) DISCUSSION: Mr. Beroeron - estimated It would cost about $10,000 to $15,000 to const~uct the buIlding. Mayor WlndschItl cautioned each Council will have a six-month right of review, and It could present a problem for M~. Be~geron. If the operation becomes offensive and there are a lot ") of complaints, he thought the permit could be pulled. '~ Mr. Beroeron - stated he understands what would make the situation offensive, and he doesn't want It to become offensIve. Attorney Hawkins advised In order to rescind the permit and cause him to lose his Investment, there has to be some substantial nuisance factors to do that. Councilman Elling also cautioned the hunting o~dlnance was recently amended to move the line furthe~ north. As the populatIon grows, It Is conceIvable hunting would not be allowed In this a~ea eithe~. Motion ca~~led unanimously. GAMMON BROTHERS SPECIAL USE PERMIT/MINING MOTION by EI ling, Seconded by Apel, a ResolutIon Use Pe~mlt ~equested hy Gammon B~othe~s, Inc., mine soil from 125 Bunke~ Lake Bouleva~d, PIN 36 32 24 13 000 d PIN 36 32 24 12 0001, as p~esented, d~opplng the Satu~day ha g of mate~lal from 7 a.m. to 12 noon. (See ResolutIon R133-88) Ion carrIed unanImously. LUND'S MSA STREET ,~) Mr. Sch~antz after talkIng wIth the DNR, he'd recommend not doIng 168 venue as an MSA road through Jim Lund's plat. The~e Is a pro m wIth getting an alignment through to the east of VerdIn use of the DNR wetlands In the area. <J ~ / "\ , "--../ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R132-88 A RESOLUTION APPROVING A SPECI~L USE PERMIT REQUESTED BY JEFFREY AND LINDA BERGERON TO OPERATE A BOARDING AND TRAINING KENNEL ON THE PROPERTY AT 16422 HANSON BOULEVARD N.W. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has reviewed the special use permit request of Jeffrey and Linda Bergeron; and WHEREAS, the City Council has reviewed the request and heard testimony from neighboring residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the special use permit requested by J~ffrey and Linda Bergeron with the following conditions: 1. The kennel will be for a maximum limit of 26 dogs; 2. Shooting will be at a minimum. 3. The Special Use Permit covers the full 60 acre parcel. 4. There will be a 6 month review. Adopted by the City Council of the City of Andover this 21st day of June , 1988. CITY OF ANDOVER ATTEST: ~/ r ',' :.z. .o:-{/ Jerr< Windschitl - Mayor ;- . / ~U Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AlHJlI!';t ~ 1 qcn AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ~ BY: ITEM t-O. Request Haul Route & Access change - WDE Site Bolander & Sons Company Planning s: David L. Carlberg City Planner REQUEST ,,- '-) Carl Bolander & Sons Company has requested a change in the haul route and access to the WDE site where they are currently conducting land reclamation and mining activities. The request is to allow the empty trucks to exit onto Crosstown Boulevard NW. The trucks loaded with materials will still be entering the site from the access on Hanson Boulevard NW. It is estimated that about sixty (60) trucks an hour would be leaving the site on Crosstown Boulevard NW should the Council approve the haul route and access change. Staff has contacted the Anoka County Highway Department and have been informed that they do not have a problem with trucks traveling on Crosstown Boulevard NW. They also indicated that they do not have any control being the road is classified as a County State Aid Road. A representative of Carl Bolander & Sons Company will be attending the meeting to address Council questions. Attached are copies of the resolution approving the mining and land reclamation permit granted by the City Council on May 19, 1992, and the resolution approving the extension of hauling hours granted on June 15, 1993. . MOTION BY: '--) TO: ~ .~ ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R123-93 A RESOLUTION AMENDING RESOLUTION NO. R067-92 EXTENDING THE HOURS OF HAULING FOR THE SPECIAL USE PERMIT GRANTED TO WASTECO, INC. TO ALLOW FOR LAND RECLAMATION ACTIVITIES ON THE PROPERTY LEGALLY DESCRIBED AS: (1) the Northeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. (2) the Northwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Carl Bolander and Sons Company and Eagle Trucking have requested an extension of the hours of hauling to conduct land reclamation activities on the property legally described above; and WHEREAS, the city Council hereby agrees the nature of the operation warrants an extension of the hauling hours. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the extension of the hauling hours to Bolander and Sons Company and Eagle Trucking to conduct land reclamation activities on said property with the following conditions: 1. Hauling of materials shall be limited to Monday through Friday, 7:00 A.M. to 8:00 P.M. and Saturdays 8:00 A.M. to 5:00 P.M. Adopted by the City Council of the City of Andover on this 15th day of June, 1993. CITY OF ANDOVER ATTEST: Q. { m<"~L- -!'~ E. McKelvey, Ma,y'or , ~tf~ Victorla Volk, Clty Clerk \.'. \ ..r~ "'- ... ~) ~) ',) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 067-92 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WASTECO, INC. TO ALLOW FOR MINING AND LAND RECLAMATION ACTIVITIES ON THE PROPERTY LEGALLY DESCRIBED AS: (1) the Northeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. (2) the Northwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Wasteco, Inc. has requested a Special Use Permit to conduct land reclamation activities on the property legally described above; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare 'of the occupants of the surrounding lands; and WHEREAS, the Planning and zoning Commission finds the use will not significantly cause serious traffic congestions or hazards; and WHEREAS, the Planning and zoning Commission finds the use will not depreciate surrounding property and is in harmony with the Comprehensive Plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow Wasteco, Inc. to conduct mining and land reclamation activities on said property with the following conditions: 1. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No~ 8, Section 5.03(D). '2. The Special Use Permit will be subject to annual review and site inspection by City Staff. 3. The finished grade shall comply with the finished grading plan on file with the City. The grading plan shall be adhered to and not adversely affect the adjacent land and as a condition thereof shall meet the conditions set out in Ordinance No.8, Section 4.23 (A). 1_ '- ,) ~ ~) .-- ~~ t Page Two Special Use Permit Land Reclamation Resolution May 19, 1992 4. Hauling of materials shall be limited to Monday through Friday, 8:00 A.M. to 8:00 P.M. and saturdays 8:00 A.M. to 4:00 P.M. 5. Signage shall be placed on access driveways indicating trucks hauling. 6. Applicant shall keep Hanson Boulevard in a state of good repair (fill clean up). 7. watering of roadway access to site to control dust during dry times. 8. Applicant be required to restore area when stock piled fill is removed with seed or vegetation to establish erosion control. 9. Length of permit shall be in one year increments for a maximum of five (5) years. 10. If there are any other owners, they should sign the Special Use Permit application. 11. If the Tree Ordinance is in effect, the language of that ordinance shall be adhered to in this Special Use Permit. Adopted by the City Council of the City of Andover on this 19th day of May, 1992. ATTEST: Ken V~V~ity Clerk , ~~~ .. ,,~!'r" .) . ) jl - ". -;,.. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ll."g"<:+- ~ 'ao~ . AGENDA t-D. SECTION " ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM t-D. Variances Setbacks, Lot Width, Area Req. Meadow Creek Professional Bldg. Planning z BY: ~. David L. Carlberg City Planner REQUEST The city Council is asked to review and discuss the numerous variance requests located on the property known as the Meadow Creek Professional Building at 3480 Bunker Lake Boulevard NW. The variances are associated with the Bunker Lake Boulevard NW reconstruction project and the related Grace Lutheran Church driveway access. '-- This item is being brought before the City Council based on the urgency of completing the project in the area in a timely manner. The variances are needed for the County to receive approval from the property owner to conduct work on the site of the Meadow Creek Professional Building. Ordinance No.8, Section 5.04, Variances and Appeals, allows the City Council to waive Planning Commission review and take immediate action on emergency variance requests that affect the immediate health and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health or welfare threat. The City Council shall determine if the request warrants immediate review. Representatives from the County will be present to address the questions of the Council. Continued MOTION BY: ,\ TO: " '~ Page Two Variances - Meadow Creek Professional Building 3480 Bunker Lake Boulevard NW City Council Meeting August 3, 1993 VARIANCES REQUESTED 1. Lot width Variances are needed from the lot width at the front setback line requirement. Ordinance No.8, Section 6.02 requires a lot to be a minimum of one hundred fifty (150') feet wide at the building setback line in the NB, Neighborhood Business District. Therefore, Lot 1 would require a forty-one (41') foot variance and Lot 2 a nine (9') foot variance. 2. Lot Area Variances are needed from the lot area requirement. Ordinance No.8, Section 6.02, requires a minimum lot area of two (2) acres for the NB District. Staff has interpreted the 2 acre requirement as the district area size and not the lot area requirement. However, this will need to be clarified by an amendment to Section 6.02. Staff recommends, at this time, variances be required. Lot 1 will require an estimated 57,120 s.f. variance and Lot 2 an estimated 55,620 s.f. variance. (Note: The County will be providing exact calculations prior to the Council meeting). ~ 3. Front Yard Setback Ordinance No.8, Section 6.02, requires a fifty (50') foot setback from a major arterial (Bunker Lake Boulevard NW). The Meadow Creek Professional Building is setback 40+/- feet from Bunker Lake Boulevard NW. Therefore, a ten (10') foot variance is required. 4. Side Yard Setback Ordinance No.8, Section 6.02, requires a thirty (30') foot slde yard setback from a street. The professional building is located twenty-two (22') feet from the proposed r-o-w of the service road. Therefore an eight (8') foot variance is required. 5. Driveway Setback The twenty-four (24') foot driveway located south of the professional building parking lot is proposed to be located five (5') feet from the south property line (136th Avenue NW right-of-way line). Ordinance No.8, Section 8.08, requires a ten (10') foot setback in the rear yard when abutting existing right-of-way. Therefore, a five (5') foot variance is required. OTHER CONCERNS & ISSUES /-, '0 Surfacing Requirement Ordinance No.8, Section 8.08, requires driveways, loading areas, parking areas and storage areas to be bounded by poured-in-place concrete curb and gutter for the purpose of traffic control, drainage control, etc. as deemed necessary by the Andover Review Committee. The ARC should review the driveway in this regard. Note: parking requirements specified in Section 8.08 of the Zoning Ordinance shall be met on any improvement or changes associated with this project including the Meadow Creek Professional Building parking lot. At the direction of the City Council, Staff will prepare a resolution based on the motion by the City Council at tonights meeting. ~ill/if ~ . j\iiMD~~N ':lLr-t LL- (;..JIII';_ ':x"I '~ F1;.1211L-'"2 t;... , ) ,...., D -..,x..>''/. 1'11-1 Il..n -ll'j L.r\\.-L. - - :CONST. -- ....,l:~] ! r i' I BEd8 C&~ !i l,.__.- CONS-T .- " : . ,--,--" 'I ~, " i --rrr ~~~ ":::'~(:'fr 1'-,' . I i '. ... -I ~ _! : ! i . i" I , : I ')_Ij:~~ 'I ~-c -,'1 - I ,--" --,:.. tl~ I ! l t' -:t~~ ' 12 1:~'1~~l ; : J I' '",""), " ,L- " ,',. r' . - \ I 'S'l'~'I.,.l..";:), ' I C!7[ ,c..,,.....,.. _...- I -. : i i ~! '.:' II (. "Jl/'l..lJ" !' ,~~ -'BEG.; L~ ; , . : Y STA. 8+~O.28 18" I . , -:- I I i I::" I I: ;:: .. I ~ ~'i I.: ~ :--... I --- I ,'-' .- ,- -. 'j'S' I ......, - - I END BIT. CUffB :j PAR. 24A I , I ..,. - I - \.!) \.!) - - PAR. 24B +85 END BIT CURB BEGIN 8618 I J__ " -... ___ ___.__0.___' o . . . . .. . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . .. . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . ., .., . . . .., .. . . . r 1"'\,... ",vLi I....". I.... IJS ~ '. ~ -..- . I l'a -1-'" . . - '--'--:'i -....... .. .@ @y ...-.-----.- --------..----- --- -. _::'--"1'1-- --------'~ 10' S, E. PAR, 23 GRAPHIC SCALE ~;;;.;;;.J ~ - I ~ l. .' --' * ., .1tI b:'!t It}' , . " l.t. - . > :t f <:: 8?~ S.A.P,_ -- .::.. ~: . ' .................. . . ................" ........,'...,..,. ..:,......... . ~ : : : : : : : : : : . . . . .. , : : ~ : : : : : : : : : . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . .............. .......... .................... ............... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA SECTION NO. Discussion Item ORIGINATING DEPARTMENT APPROVED Andover Review Committ ~ORAGENDA ~ ITEM NO. BY: Sketch plan/SuperAmerica 7. The city Council is requested to review the proposed sketch plan of SuperAmerica as presented by SuperAmerica Group, Inc. The Andover Review Committee (ARC) has reviewed the sketch plan and their comments are as follows: General Comments ) * The proposed sketGh plan is located in a GB General Business District with a minimum lot size of 20,000 square feet. Minimum width is 100 feet and minimum depth for all lots is 150 feet. * The property is located within the MUSA which means sanitary sewer and water can be made available to the site. * The developer is required to meet City Ordinance 8 and 10 and all applicable ordinances. * The Water Resource Management Plan which was recently updated and approved by the Andover City Council, Coon Creek Watershed District and the Lower Rum River WMO is to be implemented with the development. * The 100 year pond elevation will be required to be identified on the grading, drainage and erosion control plan. In addition, drainage and utility easements are required for the 100 year flood elevation. CONTINUED MOTION BY: ) TO: , ) ,~ ,) , j * The developer and/or owner is responsible to obtain all necessary permits (DNR, u.s. Army Corps of Engineers, Coon Creek Watershed District, 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 required to meet City Ordinances 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. Other Concerned Comments 1. Additional right-of-way may be required along Bunker Lake Boulevard. The Anoka County Highway Department has received a copy of the plan and will be making comments. 2. The sketch plan indicates a proposed building, a parking lot and service roads. The ARC will be reviewing this in detail on the preliminary plat. We will need to work closely with the developer and Anoka County on the accesses to the site. Park and Recreation Commission Comments The Commission will be reviewing the sketch plan at their August 5, 1993 regular meeting. Planning and zoning Commission Comments The Commission agrees with the recommendations presented by the Andover Review Committee. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA NJ. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Item ITEM NJ. Approve Woodland Pond preliminary plat rmdove r Rev i ew Commi t te e BY: #' r. The City Council is requested to review and approve the preliminary plat of Woodland Pond per Ordinance 8 and 10 and all other applicable ordinances as requested by uptown Construction and Finest Homes. Attached is the resolution. The Andover Review Committee (ARC) has reviewed the preliminary plat. Their comments are as follows: General Comments '- ) * The proposed preliminary plat is currently zoned R-4, Single Family Urban. In addition, the proposed plat is within the Metropolitan Urban Service Area (MUSA). * The proposed subdivision consists of 11 single family urban residential lots. * The developer and/or owner is responsible to obtain all necessary permits (DNR, U.S. Army Corps of Engineers, Lower Rum River WMO, LGU, MPCA and any other agency which may be interested in the site). Other Comments: 1. A variance is required for Lot 1, Block 1 as the average depth of the lot is less than 130 feet which is required in Ordinance 8, Section 6.02. Note: The Andover Review Committee is recommending approval of the variance to allow 141st Lane NW to align with the street located on the east side of Round Lake Boulevard. MOTION BY: ,--) TO: park and Recreation Commission Recommendation ~~ The Commission is recommending cash in lieu of land as determined in Ordinance 10, Section 9.07 from their review of the preliminary plat. The park dedication is to be determined on the entire 4.36 acres. Planning and Zoning Commission Recommendation The Commission held the public hearing and with the comments from the hearings from property owners and the Andover Review Committee, the Commission recommends approval of the preliminary plat. 8.01 IDENTIFICATION AND DESCRIPTION a. Proposed name is Woodland Pond. d. Scale is 1" = 100' g. The preliminary plat, grading, drainage and erosion control plan was prepared by Hakanson-Anderson Assoc., Inc. 8.02 EXISTING CONDITIONS ~ b. Total acreage is 4.36. c. The existing zoning within 300 feet of the proposed plat has been shown. f. Location of all existing telephone, gas, electric and other underground/overhead facilities are shown on preliminary plat per ordinance requirements. g. The boundary lines within 100 feet of the plat have been shown along the names of the property owners. h. A Tree Protection Plan has been reviewed and approved by the Tree Inspector. j. A soil boring report has been received by the City. 8.03 DESIGN FEATURES a. The proposed right-of-way as indicated is 60 feet. c. The sanitary sewer, watermain, storm drains and streets will be designed by the city's consultant. g. The setbacks for each lot are shown. h. The proposed method of disposing of surface water has been shown on the grading and drainage plan. .:J 8.04 ADDITIONAL INFORMATION b. Source of water supply is municipal water. c. Sewage disposal facili ties will be municipal sewer. d. Rezonings of properties will not be required. ~~ f. Flood Plain Management is the Lower Rum River WMO (see Section 9.04(b) for additional information regarding the 100 year flood elevation). Street lighting is required and the installation costs will be paid for by the developer. The total linear road mileage for the proposed plat is 0.08 miles. g. j . 9.02 a. 9.03 a. m. n. 9.04 ~ b. 9.06 e. STREET PLAN The typical section, right-of-way and grade are indicated on the preliminary plat. STREETS The proposed right-of-way is shown as 60 feet which conforms to standards by classification. Driveway access shall be 60 feet or more from any intersection. Boulevard is required to be topsoil and sodded. EASEMENTS A drainage easement is shown to follow the 100 year flood elevation. LOTS 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. 9.07 PARKS, PLAYGROUNDS, OPEN SPACE Park dedication as recommended by the Park and Recreation Commission. ~) ,J ~J " ') -~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND POND AS BEING DEVELOPED BY UPTOWN CONSTRUCTION AND FINEST HOMES LOCATED IN SECTION 29, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and zoning Commission has conducted a public hearing and reviewed the preliminary plat of Woodland Pond; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. A variance is required from Ordinance 8, Section 6.02 for Lot 1, Block 1 as the average depth of the lot is less than 130 feet. 2. The developer's engineer review.the site distance to meet the standards set by MNDOT at the intersection of 141st Lane NW and Round Lake Boulevard. 3. 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. 4. The Park and Recreation Commission is recommending cash in lieu of land for the entire 4.36 acres which is to be determined by Ordinance 10, Section 9.07. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Woodland Pond Adopted by the City Council of the City of Andover this 3rd day of August, 19 93. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk - ) ,~ ,) '-- " ... ) '--" .- .-.- ~ CITY of ANDOVER " PRELIMINARY PLAT APPLICATION " ;fO{1 j{c/!.j( g/(J/! r; / Cf/sT <)c.e. /jC/>JJ(,')"111'I1C1J J'ler-r- Street Location of property: Legal Description of Property: Prope rty Owne r: (,{j-17-CCUf) u'1lsf t .F;~f )..blJ15Phone: Add res s : / ~/ zie; . /1Zd; J2r... ~DC}-12 /~~ ~ fA ;<!in,!:;,0 Phone, Address: ~O/ ka~orL iCAOft'~hr'/[ Description of Request: (,ut::Cr:;f!l!/?A Y yO~cf Applicant: /-;;2. J - '-/01./ i q:J.-/ - Yt:-' f7' Rezoning Request Required: YES [ Explain: NO [ Fee: Date Paid: Receipt No.: Owne r ) (Date) I' I! 1: o .~ .:J ,/ ~ CITY of ANDOVER " " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City of Andover Planning and Zoning Commission will hold a public hearing at 7:30 P.M., or as soon thereafter as can be heard, Tuesday, July 13, 19~3 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to consider the preliminary plat of Woodland Pond consisting of 11 single family residential lots as being developed by Uptown Construction and Finest Homes, Inc. on the property described as: All that part of the Southeast Quarter of the Southwest Quarter of Section 19, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the southeast corner of said Southeast Quarter of the Southwest Quarter thence North on the East line thereof 343.1 feet; thence West and parallel with the South line thereof and to a point on a line described as follows: Commencing at a point on the South line of the North 7 acres of said Southeast Quarter of the Southwest Quarter said point being 563.00 feet East of the southwest corner of said North 7 acres; thence southeasterly in direct line to a point on the South line of said Southeast Quarter of the Southwest Quarter said point being 517.00 feet West of the southeast corner thereof and there terminating; thence southeasterly on said above described line to the south line of said Southeast Quarter of the Southwest Quarter; thence East 517.00 feet to the place of commencement. All opponents and proponents of said proposed preliminary plat will be heard at the above time and location. ~tfdb victorla Volk - City Clerk Publication Dates: 7-2-93 7-9-93 Q 4j ..:)4 4"i: J'-:t UUL.."i: Douglas J & Susan G 14212 vintage st NW Andover, MN 55304 4:J-J~-4"t :)t.z-UU4.) Rising ~chael J.& pattie P /14202 Vintage st NW Andover, MN 55304 Davis / .,~ 3 2 2 4 3 4 0 0 3 6 ',-)ivid V & Michele Johnson 14216 Underclift Ct NW Andover, MN 55304 " " 29 32 24 34 0026 Kenneth D & Gayle Napes 3684 - 142nd Ave NW Andover, MN 55304 29 32 24 34 0028 Robert & Barbara Hanggi 3642 - 142nd Ave NW Andover, MN 55304 29 32 24 43 0014 Tedd M & Kris Elsen 3554 - 142nd Ave NW Andover, MN 55304 29 32 24 34 0004 Russell Gerads 14140 Round Lake Blvd NW ; ~dover, MN 55304 "J 29 32 24 43 0033 James H & Brenda Hansen 3555 - 141st Ln NW Andover, MN 55304 29 32 24'43 0037 Sherrie L Bloodgood 3552 - 141st Ln NW Andover, MN 55304 32 32 24 21 0007 Gary A & Jean A Lund 3641 - 140th Ln NW Andover, MN 55304 32 32 24 21 0009 Thomas & Judith Stein 14048 Underclift st NW Andoer, MN 55304 F ) '--j2 32 2421 0021 David J Benson 3616 - 140th Ln NW Andbver, MN 55304 29 32 24 34 0041 Jon M & Shari A Larson 14215 Underclift Ct NW Andover, MN 55304 " 29 32 24 34 0042 Thomas D & Cheryl Zurn 3670 - 142nd Ave NW Andover, MN 55304 29 32 24 34 0029 Martha A Peterson 180 A4204 Col Doctores MEX OF CP 06720 29 32 24 43 0015 Gordona A & BK Phillips 3542 - 142nd Ave NW Andover, MN 55304 29 32 24 43 0031 Richard B & Deanna Lang 3533 - 141st Ln NW Andover, MN 55304 29 32 24 34 0001 Alice B Crotty 3304 Sanden Terry ct Decatur, GA 30033 32 32 24 12 0073 William Rademacher 6268 Boone Ave N Brooklyn Park, MN 55428 32 32 24 21 0006 Timothy & Bonnee Reay 3629 - 140th Ln NW' Andover, MN 55304 32 32 24 21 0010 Jeffrey A & Nancy Rajewsky 14042 Underclift St. NW Andover, MN 55304~ 32 32 24 21 0023 BS Moeller & SL Wanl 14049 Underclift Stt NW Andover, MN 553041 1: . L.~-.,)4-,L.'"t ----:.>"i:-uu:J:.J Rodney C & Wendy Nutter 3677 - 142nd Ave NW Andover, MN 55304 29 32 24 43 0004 Charles F & LJ Wallacel 3417 - 142nd Ave NW Andover, MN 55304 29 32 24 34 0027 David F & Nancy Kolb 3656 - 142nd Ave NW Andover, MN 55304 29 32 24 34 0017 County of Anoka 325 Main W Anoka, MN 55303 29 32 24 43 0016 Herbert J & AM Ness 3532 - 142nd Ave NW Andover, MN 55304 29 32 24 43 0032 Darren & Rachelle Swenson 3543 - 141st Ln NW Andover, MN 55304 29 32 24 43 0038 Melvin J & JA Kitzberger 3548 - 141st Ln NW Andover, MN 55304 32 32 24 21 0008 Jeffrey Grant Johnson 14054 Underclift St NW Andover, MN 55304 32 32 24 21 0005 Curtis & Jeanette Kampfe 3617 - 140th Ln NW Andover, MN 55304 32 32 24 21 0022 Dale & Barbara Hagenson 3628 - '40th Ln NW Andover, MN 55304 32 32 24 12 0077 William C Rademacher 6268 Boone Ave N Brooklyn Park, MN 55428 32 32 24 21 0011 Fred D Capra 14036 Underclift St NW Andover, MN 55304 ~ LABLESWOODLANDPOND ~ ~J wptown Construction " . 14280 Joai Drive Rogers, MN 55374 .' II' , I 1: Finest Homes 701 Bradford Champlin, MN 55316 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 3. 1993 AGENDA SECTION t-.O. Discussion Item ORIGINATING DEPARTMENT ITEM t-.O. Todd J. Haas, Engineeri~~ APPROVED FOR AGENDA BY: Accept Feasibility Report/ Woodland Pond/93-14 9. The City Council is requested to approve the resolution accepting feasibility study, waiving public hearing, ordering improvement and directing preparation of plans and specifications for the improvement of Project 93-14 for sanitary sewer, watermain, street and storm drain in the following area of Woodland Pond. John Davidson of TKDA will be at the meeting to present the feasibility report. ,-) MOTION BY: '-) TO: u ,J ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-14 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA OF WOODLAND POND WHEREAS, the City Council did on the 6th day of July 19 93 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by presented to the Council on the 3rd day of August TKDA and , 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, ~or an estimated cost of $ 109,528.76 NOW, THEREFORE, BE IT RESOLVED by the Andover to hereby receive the feasibility total cost of improvements of $ 109,528.76 Hearing and order improvements. City Council of the City of report with an estimated , waive the Public BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT STILL FURTHER RESOLVED by the City Council to hereby require the developer to escrow the sum of $ 6,000.00 with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilmember and adopted by Meeting this 3rd day of August , the City Council at a regular 19-2l, with Councilmember voting in favor of the resolution and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - Citv Clerk 'J " "Il.-ilI June 16, 1993 RECEIVED ~ ~ iii- 'JUN 1 7 1993 '! CITY OF ANDOVER James E. Schrantz City Engineer City of Andover 1685 Crosstown Blvd NW Andover, 10m.. 55304 " Re: Proposed Woodland Pond Subdivision Dear Hr. Schranz: uptow n Construction and Finest Homes does hereby petition for improvements by the construction of water main; sanitary sewer and streets with concrete curb and gutter with the costs of the improvements to be assessed against the benefiting property which is described as: Woodland Pond Said petition is unanimous and the public hearing may be waived. 'J We request that a feasibility report be prepared as soon as pos- sible. Wehave enclosed a check for $1000. for the feasibility report expenses. (The $1000. will be credited toward 15% improvement escrow) " ) s~'4;"elY; '-/l. ~iiJ ~1(t&t?JZt01 II~ Upt01n1 Construction -v pres~ Katherine Neiber CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 3, 1993 AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Amend Ordinance No. 8 Section 8.08 Driveway Widths Planning ~ David L. Carlberg City planner BY: /tJ. REQUEST The Andover City Council is requested to review the proposed amendment to Ordinance No.8, Section 8.08. Said amendment allows a thirty (30') foot driveway width unless the lot is a cul-de-sac lot. Driveways located on cul-de-sacs shall remain a maximum of thwenty four (24') feet in width. The Council should, review the attached minutes and staff report from the July 13, 1993 Planning and zoning Commission meeting. \ , ) RECOMMENDATION The Planning & Zoning Commission on July 13, 1993 made the motion to recommend approval of the proposed ordinance amendment. Attached for Council review and approval is the amendment to Ordinance No.8, Section 8.08. MOTION BY: ) TO: -, '.-J ~J , " "~ 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, Section 8.08 is hereby amended as follows: Section 8.08(E)(3)(d) Ne-fe5ieeatia*-e~fB-e~t-aeeeSS-5Ra**-e*eeee-tweaty-ie~f-+~4L+-ieet -iH-wietR-~H*e55-a~~feYee-By-tRe-€itY-5H~iHeef~ AII.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 3rd day of August, 1993. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk " Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 9 ,/ ) '~ (Public Hearing: Amended Special Use Permit, Bergeron, Continued) " MOTION by Apel, Seconded by Pease, that we send the Resolution to the City Council granting the Amended Special Use Permit request of Jeff Bergeron, and the request will take the exact form of the Resolution No. 161-92. The only change we will make on it goes from 45 dogs to 60 dogs. Motion carried on a 6-Yes, I-Absent (McMullen) vote. This will be on the August 3, 1993, City Council agenda. 9:16 p.m. ~ PUBLIC REARING CONTINUED: AMEND ORDINANCE NO.8, SECTION 8.08, PARKING \V REQUIREMENTS - CURB CUT STANDARDS 9:16 p.m. Mr. Carlberg explained the amendment is to require a maximum of a 24-foot driveway width at the street curb to the right-of- way/property line. Other residential driveway widths shall not exceed 30 feet. Because the City's standard is now for surmountable curbs, the term "curb cub" has been eliminated. The right-of-way line and the property line are one in the same. Chairperson Dehn opened the hearing for public testimony. none. There was ~-) MOTION by Pease, Seconded by Jovanovich, to close the public hearing. Motion carried on a 6-Yes, I-Absent (McMullen) vote. MOTION by Jovanovich, Seconded by of Ordinance No. 8 as written. (McMullen) vote. This will be Council agenda. 9:21 p.m. Squires, to adopt the ordinance change Motion carried on a 6-Yes, I-Absent placed on the August 3, 1993, City PUBLIC REARING: AMEND ORDINANCE NO., 8, SECTION 4.21, FENCES AND WALLS _ FENCE MATERIALS AND LOCATION OF FENCING 9:21 p.m. Mr. Carlberg stated the Commission has been asked by the City Council to consider the materials and type of fencing permitted, as currently the ordinance does not specify the type of materials a fence can be constructed of in residential districts. In 1992 the Commission recommended no change to this provision of the ordinance. To his knowledge there has not been a problem. :-J Mr. Carlberg also stated that in addition, the Public Works Department has asked the Commission to consider placing a provision in Section 4.21 that would not allow fencing on drainage and utility easements when the City deems it necessary to access the area for the maintenance of City utilities. They have a problem getting in to maintain storm drainage situations in back yards if it is all fenced in. The current ordinance allows fencing on the property line, and an amendment would not allow fencing on the easements when the City deems it necessary to access that are~ for maintenance. :J CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION July 13,1993 AGENDA ITEM 6. Public Hearing Amend Ord. No. 8 Sec. 8.08(E)(3)(d) DATE ORIGINATING DEPARTMENT Planning David L. Carlberg City Planner . BY: APPROVED FOR ;;L BY: REQUEST The Andover Planning and zoning Commission tabled this item at the June 22, 1993 meeting pending further review by Staff. Attached is a proposed amendment to Ordinance No.8, Section 8.08(E)(3)(d), which regulates curb cuts in residential districts. The amendment allows a thirty (30') foot driveway width unless the lot is a cul-de-sac lot. Cul-de-sac lots shall be allowed a maximum driveway width of twenty-four (24') feet. A variance is required per section 5.04 for driveway widths exceeding these requirements. Note: The driveway width shall not exceed the requirements specified above from the street curb to the right-of-way/property '- line. '- ~ 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: O~dinance No.8, Section 8.08 is hereby amended as follows: Section 8.08(E)(3)(d) Ne-~eeieeA~ia~-e~~e-e~~-aeee55-5Aa~~-e*eeee-~weA~y-€e~~_+~4L+-€ee~ -iA-wie~A-~A~e55-a~~~eYee-eY-~Ae-€i~y-EA~iAee~~ No residential driveway located on a cul-de-sac shall exceed twenty-four (24') feet in width at the street curb to the right- of-way/property line. Other residential driveway widths shall not exceed thirty (30') feet in width at the street curb to the right-of-way/property line. All other sections of the zoning Ordinance shall remain as writt~n and adopted by the City Council of the City of Andover. :J Adopted by the City Council of the City of Andover this of , 1993. day CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk , '\ ''-J :J ~ , " <) 'OJ'"'' """>>", "'.~\,. (I " ,'i \', .' .~ t q , 1 \"\ ~ d '~",,'" "" c,.'; ",,/ .~;~;:~z:;~~;;/-<-- 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 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, July 13, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to discuss and possibly amend Ordinance No. B, Section 8.08, Parking Requirements, said amendment would allow driveway widths (curb cuts) to a maximum of thirty (30') feet in residential districts unless the driveway is on a cul-de-sac then a maximum driveway width (curb cut) of twenty-four (24') feet is permitted. All written and verbal comments will be received at that time and location. ~tUb Victoria Volk, City Clerk publication dates: July 2, 1993 July 9, 1993 Andover Planning and Zoning Commission Meeting Minutes - June 22, 1993 Page 11 r--, (~ mpUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 8.08, PARKING (3J REQUIREMENTS - CURB CUT STANDARDS 10:13 p.m. Mr. Carlberg explained that in discussing the requirements for curb cuts in residential districts with the various City Departments, the most reasonable proposal is to allow a 30-foot maximum curb cut on properties other than cul-de-sacs. Anything more than that would require a variance. Cul-de-sac maximum curb cuts would remain at 24 feet. The other item he proposed, which is not written into the proposed ordinance, is that the 30-foot cut would extend from the curb to the property line; not fan to a wider driveway directly from the curb. The right of way is still considered part of the street. The Commission generally agreed to the proposal but preferred to act on an accurately prepared amendment. MOTION by Apel, Seconded by Peek, to table the public hearing on No. 8 until the next regularly scheduled meeting and that Staff readvertise. Motion carried on a 5-Yes, 2~Absent (McMullen, Pease) vote. OTHER BUSINESS (J Mr. Carlberg provided copies of an article in the St. Paul Pioneer Press indicating Andover has the third highest residential building permits pulled for 1993 through the end of April. The City is estimating between 500 and 600 new permits this year, and the City Council is discussing the possibility of asking for another 200 acres of land to be placed within the MUSA. There being no further business, Chairperson Dehn declared the meeting adjourned. 10:24 p.m. Respectfully submitted, \\~ ~ ~~L ~~~la A. Peach Recording Secretary '---J ~J CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION June 22,,1993 AGENDA ITEM 8. Public Hearing Amend Ord. No. 8 Sec. 8.08(E)(3)(d) DATE ORIGINATING DEPARTMENT Planning David L. Carlberg City Planner BY: APPROVED FOR AGENDA eX REQUEST The Andover Planning and Zoning Commission tabled this item at the June 8, 1993 meeting pending further review by Staff. Attached is a proposed amendment to Ordinance No.8, Section 8.08(E)(3)(d), which regulates curb cuts in residential districts. The amendment allows a thirty (30') foot curb cut width unless the lot is a cul-de-sac lot. Cul-de-sac lots shall be allowed a maximum curb cut width of twenty-four (24') feet. A variance is required per section 5.04 for curb cuts exceeding these requirements. '--- '- ) ~ ,~ 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, Section 8.08 is hereby amended as follows: Section 8.08(E)(3)(d) Ne-~eeieeR~ia~-e~~e-e~~-aeee5e-5Aa~~-e*eeee-~weA~y-€e~~_+~4L+-€ee~ -iA-wie~A-~A~e5e-a~~~eYee-eY-~Ae-€i~y-EA~iAee~~ No residential curb cut located on a cul-de-sac shall exceed twenty-four (24') feet in width. Other residential curb cuts shall not exceed thirty (30') feet in width. 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 , 1993. :-J CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk :,J , '\ -J ~-J . , ) '-./ "OJ';""'~""':"""::'>~,', ~"y "\ i "\ f ' , -1 ~.'-~ '\~ ,i "--. --- -~~'-c~",,:~\~~V CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, June 22, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to discuss and possibly amend Ordinance No.8, Section 8.08, Parking Requirements, said amendment would allow curb cuts in excess of twenty-four (24') feet in residential districts. All written and verbal comments will be received at that time and location. V~ V(#Ci ty Clerk publication dates: June 11, 1993 June 18, 1993 Andover Planning and Zoning Commission Minutes - June 8, 1993 (;~ Page 6 (Variances: Round Lake Boulevard, ACCAP, Continued) MOTION by Peek, Seconded by Jovanovich, recommend approval of the variances as requested for 13433 Round Lake Boulevard NW, primarily a lot width variance to 70 feet, a variance of 30 feet; lot area from the required 11,400 square feet to 10,188 square feet, a variance of 1212 square feet; and a variance of 4 feet into the 40-foot sideyard setback from a major arterial for a total of 36 feet. That on this particular property that the builder and owner work closely with the City Staff to provide some sort of berming along the Round Lake Boulevard side of the lot. Motion carried unanimously. MOTION by Pease, Seconded by Peek, the Planning and Zoning Commission recommend to the City Council approval of the variances for 3559 134th Avenue NW; vary the setback for the major arterial of 23.83 feet; a variance of lot width to 53 feet instead of the required 100 feet, which is a variance of 47 feet; and to have consideration for a berm or some kind of sideyard berming protection. variances on condition that the lot from the north be combined to the one on the south and that building removed. Motion carried unanimously. This item will be placed on the July 6, 1993, City Council agenda. '\ PUBLIC HEARING: AMEND ORDINANCE NO.8, SECTION 8.08, PARKING ~~ REQUIREMENTS - CURB CUT STANDARDS ~r. Carlberg provided photos of homes with curb cuts of various widths. 'I'he Ci.:.y Council has directed the Planning Commission to consider an amendment changing the curb cut width from 24 feet maximum unless approved by the City Engineer to 12 feet per garage to a maximum of 36 feet t.:nless a variance is granted. There have been a number of driveways constructed without City Engineer approval that are larger than 24 feet. At the time the ordinance was approved, it was cowmonp~ace to have two-car garages. Now three-car garages are common. The concern he has with the wider driveways is the aesthetics with the larger amount of frontage that is utilized for driveway on the smaller lots. Staff is also concerned about having no place to put the snow with so much area taken up as driveways, especially in cul-de-sacs. Mr. Carlberg also questioned how much more water is added to the storm drainage with the additional hard-surfaced driveways. .~) ~here was a lengthy Commission discussion on possible alternatives. Mr. Almgren explained the minimum of 12 feet wide was reached with one-car garages and lot widths of 300 feet. The 24-foot width was required ~ecause the street width was 26 feet and they did not want driveways \vider than the streets. In the last three to four years they have been ~uildi.ng three- and four-car garages. He felt the lot size restricts :.he width of the driveways on cul-de-sacs, so that may not be much of a problem. He also felt that those building the $250,000+ homes should be able to put in the width of driveway they want. Andover Planning and zoning Commission Minutes - June 8, 1993 Page 7 <J (Public Hearing: Ordinance 8, Section 8.08, Parking, Continued) The Commission suggested the possibilities of requiring a minimum green space, that larger driveways be allowed on the larger lots. They suggested Staff determine a minimum and a maximum width based on the percentages of the frontage, similar to what is done in Blaine. They agreed to table the item, asking Staff and/or the ARC Committee to determine a more definitive and more restrictive requirement. MOTION by Apel, Seconded by McMullen, to table this item until meeting and let Staff look at it for additional information. carried unanimously. the next Motion VARIANCE: ORDINANCE NO. 10, SECTION 9.06(A)(3), 39,000 SQUARE-FOOT REQUIREMENT - 1487 161ST AVENUE NW, TONY EMMERICH Commissioner Apel questioned the request to vary from the 39,000 square- foot requirement, as that has not been varied from in the past. Mr. Almgren didn't have a problem with this variance. Commissioner Apel felt in this case there is a conflict between adhering to the Tree Ordinance and to the Septic System Ordinance. Mr. Almgren felt that because the Septic System Ordinance was in place first, that would take orecedence. :J ~onv E~~eric~ - stated the parcel does have 39,000 square feet, but it ~s not contiguous. This is a very unique situation which he felt meets ~he intent but not the specifics of the ordinance. If the specifics of the ordinance are to be met, they would have to destroy a significant numbe= of trees, which the owner does not want to do. Hr. Carlberg noted a sketch that indicates the lot as is has room for ~he house, an accessory building and two septic systems. In order to get aro~nd removing the trees and grading, Mr. Emmerich has requested a variance. The Tree Commission has not reviewed this, but the City is interested in preserving large stands of significant trees. This was never an issue before; however, now they are running into the wetland and protection of trees; and meeting the requirement is becoming more and more difficult. Mr. Carlberg felt that a specific number of square feet must be stated for the variance. ~!r. ~mmerich - stated he did not have a specific number from which they would vary. He felt they would be varying from the word "contiguous". ~here is no problem with room for a primary and a secondary septic syste~. He felt the intent of the ordinance is to provide for a primary and secocdary septic systems to support a home at a certain elevation plus support an accessory building. That intent is accomplished on this lot, t~ough the specific number in the ordinance is not met. .~ Commissioner Apel stated property on which taxes were paid for 15 or Gore Y8ars is now being found unbuildable because of the inflexibility of ord~nances and changes regarding trees and wetlands. He felt the septic system ordinance is very anti-ecological with no logical basis ~ CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION June 8, 1993 AGENDA ITEM 7. Public Hearing Amend Ord. No. 8 Sec. 8.08(E)(3)(d) DATE ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA BY: David L. carlberg city Planner BY~ REQUEST The Andover Planning and Zoning Commission is asked by the City Council to review the proposed amendment to Ordinance No.8, Section 8.08(E)(3)(d), which regulates curb cuts in residential districts. SECTION 8.08(E)(3)(d) BACKGROUND On May 18, 1993, the City Council directed the Planning and Zoning Commission to hold a public hearing on the attached amendment. The minutes from the Council meeting are attached for Commission review. Also attached is the Staff report presented to the Council. '- The proposed amendment would change the curb cut width from 24 feet maximum unless approved by the City Engineer to 12 feet per garage to a maximum of 36 feet unless a variance is granted. \...) ~ 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, Section 8.08 is hereby amended as follows: Section 8.08(E)(3)(d) Ne-~eeieeA~ia~-e~~e-e~~-aeeeee-eAa~~-e*eeee-~weA~y-€e~~_+~4L+-€ee~ -iA-wie~A-~A~eee-a~~~eYee-BY-~Ae-Ei~y-EA~iAee~~ One twelve (12') foot curb cut access shall be permitted for each garage up to a maximum of thirty-six (36') feet in residential districts. 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 , 1993. ~ CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE August 3, 1993 AGENDA 1'0. SECTION ORIGINATING DEPARTMENT staff, Committees, Comm. Todd J. Haas, Engineerin~ APPROVED FOR AGENDA ITEM 1'0. BY: Approve Plans & Specs/93-5/ Winslow Hills 3rd Addition II. The City Council is requested to approve a resolution approving final plans and ordering advertisement for bids for Project 93-5, Winslow Hills 3rd Addition for sanitary sewer, watermain, street and storm drain construction. The plans and specs are available for review in the engineering office. '- ) Note: John Davidson.of TKDA will discuss this item with the City Council regarding the proposed trunk sanitary sewer that could be constructed with this project for future development of property. MOTION BY: , ) TO: " ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 93-5, WINSLOW HILLS 3RD ADDITION FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 103-93, adopted by the City Council on the 18th day of Ma~ ' 19 93 , TKDA has prepared final plans and speciflcations for-Project 93-5 for sanitary sewer, watermain, street and storm drain construction; and WHEREAS, such final plans and specifications the City Council for their review on the 3rd August , 19 93 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications. were presented to day of ~ BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:30 AM Friday, September 3 , 19-21 at the Andover City Hall. MOTION seconded by Councilmember adopted by the City Council at a and regular meeting this 3rd Counci1member , 19-21, with Councilmember voting in favor of the resolution and voting against same day of August whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria volk - City Clerk \ '-~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA 1'0. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering#, APPROVED FOR AGENDA staff, Committees, Comm. ITEM 1'0. BY: Approve street Spec Change, Continued /J.. The City Council is requested to continue reviewing and discussing a change of the specifications to require 3 inches of bituminous to all new street construction. Currently, the City specification requires a m~n~mum of 2 inches on new street construction (urban and rural). '-.) The additional cost per lot in the urban area would be approximately $500 and approximately $1,300 in the rural area. Cities of Blaine and Lino Lakes require 3 inches. The first 2 inches would be initially placed and the remaining 1 inch would be placed when the development is 80% complete. Note: Staff recommends discussion on rural areas. Currently, most of the streets are low volume so there may not be an advantage to increasing the thickness. The only real concern is the number of different garbage haulers that use the street weekly and they could use it as many as 5 (five) times a week. The change in specification will .ffect all preliminary plats that are approved by the City after August 31, 1993 and construction that will occur in 1994 and thereafter. Example: If a preliminary plat is approved before August 31, 1993 and the developer for whatever reason does not submit the escrow funds for preparing plans and specs to allow the start of construction for 1993, the City would require the development to be constructed with 3 inches of bituminous in 1994. MOTION BY: '-) TO: " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA ~. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Staff,Committee,Commission ITEM ~. Approve purchase - S-lO/Radio Building David Aimg,en rJ2; BY: /3. The City Council is requested to approve the purchases as follows: NOTE: 1994 price should be available for meeting. Request approval to purchase: 1994 S-lO 4 Door - 4 WD Blazer from ,) List Price Profi t Rebate ,Main Motors $l9, 110 100 1,000 Friendly Chev $20,2l8.60 Disc 1,266.00 Price 18,210 Est 1994 Inc 864 19,074 License Fee 25.50 Tax 1,239.81 18,952.00 899.00 19,851.00 Blazer Total 20,339.31 Tax $627.00 150.00 777.00 40.76 $817.76 Mobile Radio $ 817.76 Mobile Radio Installation Subtotal Total MOTION BY: ,) TO: " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA t-.X). SECTION ORIGINATING DEPARTMENT APPROVED" FOR AGENDA staff,Committee,Commission ITEM t-.X). Repair/Replacement of warning Sirens Building David Almgren gIJJ BY: /</ The City Council is requested to approve the purchase or repair of Outdoor warning Sirens as followss: '- ) We have two sirens that have been hit by lightning--one located at 139th & Crosstown and one located l67th & 7th Avenues. To repair these sirens the cost is as follows: 1 15 HP Motor $1,811.33 1 Stator 633.21 1 Control Baldor $1,295.00 $3,739.54 Tax 243.07 3,982.61 R & R 1,100.00 5,082.61 Less Ins Deduct 500.00 Ins to pay $4,582.61 This amount doubled (for two sirens): Our Cost $1,000 Ins Cost $9,l66 We have had a lot of trouble with these ACA Sirens and if we do repair these two, there is no warranty. I recommend to not repair the ACA because of all the problems and install a Federal siren with a two year warranty. MOTION BY: ,_ ) TO: '~ o ,,) , The following is the cost: 1 Federal 2001 Siren I Holding Relay for Healy Ruff Equip. I Installation Tax on Equipment Ins to pay Plus the INS Deductible (Payable by city on repair/replace) TOTAL Total for two new sirens with two year $8,795.00 450.00 625.00 600.93 10,470.93 4,582.61 5,888.32 500.00 6,388.32 warranty $12,776.64 " It takes about thirty days for order and installation. I recommend transfer of the funds from the building department fund. CITY OF ANDOVER . REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA SECTION NO. Non-Discussion Item ORIGINATING DEPARTMENT ITEM NO. Todd J. Haas, Engineering /' APPROVED FOR AGENDA BY: Reject Bids/Weybridge 3rd/ 92-19 Ie. The City Council is requested to approve a resolution rejecting bids for the improvement of Project 92-19 for sanitary sewer, watermain, street and storm drain construction in the area of Weybridge 3rd Addition. The developer at this time of writing has not executed the development contract. The 60 days to award the bid is nearly over. ) Notes: 1. By rejecting the bids, the preliminary plat will become void per Ordinance 10, Section 11.01 A. This means the developer will be required to go through the preliminary plat process, public hearing, etc. 2. The Council should consider removing the MUSA from the parcel to an area acceptable by the City Council and would be utilized by the property owner immediately. MOTION BY: ) '- TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~J RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 92-19 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF WEYBRIDGE 3RD ADDITION WHEREAS, pursuant to Council Resolution No. 134-93 dated June 15, 1993, bids were received, opened and tabulated according to law; and WHEREAS, a written agreement between the City and the developer as to the developer's costs of the improvement has not been executed per Resolution No. 134-93. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject the bids for project 92-19 BE IT FURTHER RESOLVED TO HEREBY direct the City Clerk to return to all bidders the deposits made with their bids. MOTION seconded by Councilmember and adopted by the o City Council at a regular meeting this 3rd day of August 19~, with Councilmember the resolution, and Councilmember voting in favor of voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: V1ctoria Volk - C1ty Clerk , ~ ,_J r ) ,-, ~ '-J , surfaced in accordance with City approved by the Engineer. Sidewalks right-of-way one (1) foot from the least five (5') feet wide. Standards. Grades shall be shall be placed in the public property line and shall be at 10.13 Public utilities. A. Underground utilities. All telephone, electric and gas serv~ce lines shall be placed underground within dedicated public ways or recorded easements in such manner as not to conflict with other underground services and in accordance with City standards. All underground installation of service lines within street rights-of-way shall be completed prior to street surfacing. Upon completion of the installation of underground service lines in dedicated public ways, a tracing and two (2) copies of plans and specifications showing the completed installation shall be filed with the Clerk. B. utility Poles. All utility poles, except those providing street lighting, shall be placed in rear lot line easements. C. Easements. All underground utility service lines, including water, drainage and sanitary sewer systems, which traverse private property shall be installed within recorded easements. 10.14 Non-Conformance. Any non-conformance with the standards and Ordinances of the City in the installation of the required improvements by the subdivider or his agents shall be cause for the Engineer to order cessation of all construction within the subdivision. In such event, no further construction shall be allowed. SECTION 11. FINAL PLAT. 11.01 procedure. Prior to Council approval of a final plat, the following procedures shall be followed: A. Filing of Final Plat. Within one (1) year following approval of the preliminary plat, unless an extension of time is requested in writing by the subdivider and granted by the Council, the subdivider shall file seven (7) copies of the final plat with the Clerk and shall pay a filing fee therefor as set by Council resolution. The final plat shall incorporate all changes required by the Council, and in all other respects it shall conform to the preliminary plat as approved. If the final plat is not filed within one (1) year following approval of the preliminary plat, the approval of the preliminary plat shall be considered void. The final plat may constitute only that portion of the preliminary plat which the subdivider proposes to record and develop at that time, provided that such portion shall conform to all requirements of this Ordinance, and provided further that the remaining portion or portions of the preliminary plat not proposed to be recorded, developed and submitted as a final plat, or granted an extension, shall be subject to the right of the City to adopt new or revised platting and subdivision regulations. (lOA, 9-10-74; 10J, 2-18-86; lOS, 11-19-91) Page 22 CITY OF ANDOVER ,- -, REQUEST FOR COUNCIL ACTION DATE August 3, 1993 ITEM 1'0. ORIGINATING DEPARTMENT Todd J. Haas, Engineerin~ APPROVED FOR AGENDA AGENDA SECTION 1'0. Non-Discussion Item BY: Approve Plans & specs/92-27/ Commercial Boulevard /1. The City Council is requested to approve a resolution approving final plans and specifications and ordering advertisement for bids for project 92-27, Commercial Boulevard for sanitary sewer, watermain, street and storm drain construction. The plans and specs are available for review in the engineering office. '- ) MOTION BY: /- '--) TO: ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Counci1member to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 92-27, COMMERCIAL BOULEVARD FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 048-93, adopted by the City Council on the 2nd day of March , 19 93 , TKDA has prepared final plans and specifications for project 92-27 for sanitary sewer, watermain, street and storm drain construction; and WHEREAS, such final plans and specifications the City Council for their review on the 3rd August , 19 93 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and specifications. were presented to day of ~J BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM Friday, September 3 , 19~ at the Andover City Hall. MOTION seconded by Councilmember adopted by the City Council at a and regular meeting this 3rd Councilmember , 19~, with Councilmember voting in favor of the resolution and voting against same day of August whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Vo1k - City Clerk ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ APPROVED FOR AGENDA Non-Discussion Item ITEM t\O. BY: Award Bid/93-16/sealcoating /$. The City Council is requested to approve the resolution accepting bids and awarding contract for the improvement of project 93-16 for sealcoating construction in the area of Chapman's 1st - 6th Additions and Northglen 1st and 3rd Additions. only one bid was received: 1. Allied Blacktop Co. $23,908.80 '- ) staff recommends awarding the contract to Allied Blacktop Co. in the amount of $23,908.80. MOTION BY: ,,) TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~ RES. NO. MOTION by Counci1member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 93-16 FOR SEALCOATING CONSTRUCTION IN THE AREA OF CHAPMAN'S 1ST - 6TH ADDITIONS AND NORTHGLEN 1ST AND 3RD ADDITIONS WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: 1. Allied Blacktop Co. $23,908.80 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop Co. in the amount of $23,908.80 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. o MOTION seconded by Councilmember and adopted by the meeting this 3rd day of City Council at a regular August , 19~, with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: \ Victoria volk - City Clerk ~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering ,# APPROVED FOR AGENDA Non-Discussion Item ITEM t\O. BY: Approve Final payment/92-15/ Hidden Creek East 5th Addition /f. The City Council is requested to approve the resolution accepting work and directing final payment to Hydrocon, Inc. for project 92-15 for the improvement of sanitary sewer, watermain, street and storm drain in the following area of Hidden Creek East 5th Addition. MOTION BY: TO: ~ o ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HYDROCON, INC. FOR PROJECT NO. 92-15 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: HIDDEN CREEK EAST 5TH ADDITION WHEREAS, pursuant to a written contract signed with the City of Andover on August 18 , 19~, Hydrocon, Inc. of North Branch, MN has satisfactorily completed the construction ~n accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Counci1member and adopted by the City Council at a regular meeting this 3rd day of August, 19~, with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Volk - City Clerk , " ~ TKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 1500 MERITOR TOWER 444 CEDAR STREET SAINT PAUL, MINNESOTA 55101-2140 PHONE:llI212Q2-4400 FAX:llI212Q2.Q083 July 23, 1993 Mr. Jim Schrantz 1685 Crosstown Boulevard NW ~dover,~esota 55304 Re: Final Payment Hidden Creek East 5th Addition City Project 92-15 ~dover, ~esota Commission No. 10197 .DECEIVED r JUL 28 1993 CITY OF AND OVER Dear Mr. Schrantz: The above referenced project, including fmal punch list items, has been completed. The fmal contract amount is $180,131.92. ~J The original contract amount was $184,547.60. The construction cost estimate in the Feasibility Report dated June 16, 1992 was $181,004.60. Enclosed please fmd the following for your review and City Council approval. 1. Change Order No.2 2. Change Order No.3 (Compensating) 3. Certificate No.5 (Final) 4. Project Oose-out Documentation a. Withholding Affidavit for Contractors (IC-134) b. Bonding Company Consent Letter c. Hydrocon, Inc. Certification Letter 7-22-92 I recommend approval of Certificate No.5 (Final) in the amount of $14,404.42. If you have any questions, please call. ;;:a4/L- Thomas A. Syfko, P.E. ,~ T AS{mha Enclosures CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 3, 1993 DATE AGENDA t-.O. SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT Administration APPROVED FOR AGENDA ITEM t-.O. Personnel Committee Recommendations Daryl E. Sulander Acting Administrator ~ B~ IS: REQUEST The Andover City Council is requested to approve two recommendations from the Personnel Committee. RECOMMENDATIONS '-- 1) Increase the Finance Director's monthly salary by $750 from $3,553 to $4,303 to compensate for additional administrative and public liaison responsibilities as the Acting City Administrator. Increase the Assistant City Engineer's monthly salary by $250 from $3,525 to $3,775 for additional engineering development project responsibilities. The salary adjustments would be effective from August 1, 1993 through November 15, 1993 unless the City Administrator/Engineer could return to work earlier than November 15th. 2) Reclassify the Building Department Clerk position to Secretary and adjust the current hourly rate from $7.7438 to $8.75/hour. MOTION BY: , --) TO: ,) AGENDA t-O. ITEM t-O. dd. ) MOTION BY: \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 SECTION Non-Discussion Items ORIGINATING DEPARTMENT Administration Accept Assessment Roll and Order Hearing Project 90-17 Daryl E. Sulander Acting Administrator )5v2( REQUEST APPROVED FOR AGENDA "" The City Council is requested to accept the attached assessment roll and order a public hearing on September 7, 1993 for project 90-17, Andover Boundary Commission plat 1. TO: \ SEPTEMBER 7, 1993 ~ / ---------------------------------------------------------------------- PROJECT 90-17 ANDOVER BOUNDARY COMMISSION PLAT 1 LOT: BLOCK: PIN #: RESOLUTION DATE: SEPTEMBER 7, 1993 ASSESSABLE UNITS: RATE: $550.00 1994 1995 1996 1997 1998 TOTAL PRINCIPAL $99.54 $104.51 $109.74 $115.22 $120.99 $550.00 INTEREST $36.09 $22.53 $17.30 $11.82 $6.05 $93.79 TOTAL $135.63 $127.04 $127.04 $127.04 $127.04 $643.79 NOTE: INTEREST FOR 1993 INCLUDED IN 1994 = $8.59 --) '-, I ----," CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. .'\ ~.10TION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 90-17 WHEREAS, by a resolution passed by the City Council on July 20 1993 , the City Clerk was directed to prepare a proposed assessment cost of improvements for Project No. 90-17 ~ and , of the WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the 7th day of September, 1993, in the City Hall at 7:30 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be ~given to the owner of each parcel described in the assessment roll not less ~han two weeks prior to the hearings. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment rem3ining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a Meeting this day of , 19 with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. CITY OF ANDOVER '~\TTEST: 'J J. E. McKelvey - Mayor Victoria volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 3, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineering ~ ITEM t\O. Approve Amendment to Joint Powers Agreement/LRRWMO a;. The City Council is requested to approve the amendment to the Lower Rum River WHO Joint Powers Agreement. Attached is a memo from Curtis Pearson, Attorney for the WHO, regarding the amendment. The lengthy Joint Powers Agreement is available in the engineering office for review. '- ) MOTION BY: " TO: APPROVED FOR AGENDA BY: .~ ~ ,~ " LAW OFFICES WURST, PEARSON, LARSON, UNDERWOOD & MERTZ ... PARTNERSHIP INCLUDING PRO"'ESSrONAI.. ASSOCIATIONS ONE F"!NANCIAL- PL.AZA, SUITE 1100 120 SOUTH SIXTH STREET A. THOMAS WURST, P.A. CURTIS A. PEARS,QN. P.A. ,JAMES D. LARSON, P.A. THOMAS r. UNDERWOOD. P.A. CRAIG M. MERTZ ROGER ..J. FELLOWS MINNEAPOLIS, MINNESOTA 55402-1803 TELEPHONE (6r21338.4200 July 19, 1993 F"AX NUMBER (612) 336-2625 >---~ E:"'I.~.." " '-,. I,' ','n fJ,' ~~,3.~ t! ~ f~-." 1"~ ~'5 ~l i! l3 ., ~, :, ,1' .",. \\.:." UQi '-: .:" : " B ~;;3 :iil , - Commissioners Lower Rum River Watershed Management Commission Re: CITY OF ANDO' '~R Joint Powers Agreement Greetings: This will confirm that a meeting was held on July l5, 1993, at the Anoka City Office. I was in attendance, and we reviewed the Joint Powers Agreement which had previously been sent to the Commission. It is my understanding that the Joint Powers Agreement has been approved by the Ci ty of Andover. After extensive discussions, it was determined that the Commission wanted to add some qualifying language to subdi visions 8 and 9 on the bottom of page l2 and the top of page 13. It is the intent of the Commission to make it clear that best management practices are to be used and costs are to be given serious consideration. We are enclosing two sets of documents, one with underlining showing the addi tion and one being a clean copy. If you have any questions, please contact me. CAP:lh Enclosures cc: Ms. Mava Mikkonen Since, rel~, ~ ~'{o/_t?-dU~ Curtis A. Pearson CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA SECTION NO. Non-Discussion Item ORIGINATING DEPARTMENT Todd J. Haas, Engineeri~ APPROVED FOR AGENDA ITEM NO. BY: Approve Final Plat/ Woodland Pond ~.J. The City Council is requested to approve the final plat for Woodland Pond. The final plat is in compliance with the preliminary plat. It is the recommended that the plat be approved subject to the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Park dedication is to be cash in lieu of land. CONTINUED MOTION BY: TO: '\ ,~ 7. Receipt of all necessary drainage and utili ty easements outside the plat. Note: The City Staff will be working with the developer to ensure all the necessary drainage and utility easements have been shown on the final plat along with an additional drainage and utility easements outside the plat. \ o -J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. .:J A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND POND AS BEING DEVELOPED BY UPTOWN CONSTRUCTION AND FINEST HOMES IN SECTION 29-32-24, ANOKA COUNTY, MN. WHEREAS, the City Council approved the preliminary plat of Woodland Pond ; and WHEREAS, the developer has presented the final plat of Woodland Pond 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 Pond contingent upon receipt of the following: 1. The City Attorney presenting a favorable title opinion. ,J 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat is not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.}) and a contract for improvements awarded. 5. Street lights costs to be paid to Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat. BE IT FURTHER RESOLVED citing the following: 1. A variance is required from Ordinance 8, Section 6.02 for Lot 1, Block 1 as the average depth of the lot is less than 130 feet. 2. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA or any other agency that is interested in the site. 3. Park dedication to be cash in lieu of land. Adopted by the City Council of the City of Andover this 3rd day of August , 19 93. '\ CITY OF ANDOVER ) ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER / REQUEST FOR COUNCIL ACTION DATE AUqust 3. 1993 AGENDA SECTION NO. Non-Discussion Item ORIGINATING DEPARTMENT Todd J. Haas, _~ Engineering -(7" APPROVED FOR AGENDA ITEM NO. Approve Amendment to Development Contracts BW WO e:l.3 . The City Council is requested to approve the amendment to the development contract for both urban and rural areas relating to building permits. Amendment No building permits shall be issued until the following project items have been accepted by the City Engineer. 1. Sanitary sewer, watermain, streets (1st lift) and storm drains. ) 2. A letter from the developer's engineer certifying the site has been graded according to the grading, drainage and erosion control plan that has been approved by the City and a final inspection of all site grading to be approved by the Ci ty Engineer. 3. Removal of all dead or dying trees from the property at the owner's expense. 4. Final plat has been filed and recorded at Anoka County. Note: The Building Official may issue up to two (2) building permits per development (to be used as model homes only) if the building permits being issued are located adjacent to an existing and maintained city street or county road. The amendment is being requested due to the number of problems and complaints received by the City's contractor, consultant and Public Works personnel. MOTION BY: ) TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA f\O. SECTION ORIGINATING DEPARTMENT ~ Todd J. Haas & Daryl E. SUland)1~ APPROVED FOR AGENDA Non-Discussion Item ITEM f\O. Approve Joint Powers Agreement/ Public utilities usage/Sewer B~V OJ 1. The City Council is requested to approve the attached Joint Powers Agreement by and between the cities of Coon Rapids and Andover for the operation and maintenance of certain public utilities within the City of Coon Rapids and the City of Andover. If you have any questions, feel free to contact Daryl Sulander. '-) MOTION BY: ) TO: ~ A JOINT POWERS AGREEMENT BY AND BETWEEN THE CITIES OF COON RAPIDS AND ANDOVER FOR THE OPERATION AND MAINTENANCE OF CERTAIN PUBLIC UTILITIES WITHIN THE CITY OF COON RAPIDS AND THE CITY OF ANDOVER This Agreement made and entered this day of , 19_ by and between the City of Coon Rapids, a municipal corporation herein after referred to as "Coon Rapids", and the City of Andover, a municipal corporation herein after referred to as "Andover". WITNESSETH: WHEREAS, Coon Rapids and Andover share a common border; and WHEREAS, development in both cities along said common border is either occurring or expected to occur within the near future; and WHEREAS, The City of Andover has constructed various public improvements including sanitary sewer, watermain, storm drain, and street which serve areas in Andover connecting to areas in Coon Rapids; and ,,j WHEREAS, a determination has been made by the City Council of both communities that such improvements should be constructed; and WHEREAS, the City of Andover has prepared a feasibility report for Andover Projects 92-29 & 92-10, including forty-nine (49) lots in Echo Woods and two (2) lots in Pheasant Meadows and additional unimproved lots as shown on the map included as Attachment A, to which service will be provided when improved; and WHEREAS, said report includes utility and/or street construction within the City of Andover; and WHEREAS, said utility and street construction benefits areas within the City of Andover; and WHEREAS, Minnesota Statutes Section 471.59 authorizes political subdivisions of the State to enter into joint powers agreements for the '\ '~~joint exercise of powers to each. ~ NOW, THEREFORE, it is mutually stipulated and agreed: 1. purpose: Parties are joined together for the purpose of providing sanitary sewer service and water service within proposed Jay Street between 133rd Avenue and 134th Avenue as described in the feasibility report for Andover projects 92- 29 & 92-10, known as Echo Woods and Pheasant Meadows Additions, on file in the office of the City Engineer, Andover, Minnesota and incorporated herein by reference. 2. Method: The City of Andover will provide all engineering services and shall cause the construction of said Andover projects 92-29 & 92-10, including Echo Woods and Pheasant Meadows, in conformance with said report. ~ 3. Improvements: Improvements to be constructed shall be as indicated in the feasibility report for Andover Projects 92- 29 & 92-10, including Echo Woods and Pheasant Meadows. 4. Cost: The project cost of the work shall constitute the actual "construction cost" and shall be so referred to herein. "Estimated costs" are good faith projections of the cost which will be incurred for this project. Actual cost may vary and shall be the cost for which the City of Andover will be responsible. 5. Upon completion of construction the City of Andover will pay to the City of Coon Rapids, upon written demand by the city of Coon Rapids, a one-time trunk sewer charge for use of Coon Rapids trunk and lateral facilities at a rate of $1,573 per acre that will be updated as needed with the ENR construction cost index. '~ ~J 2 '\ , I '-J 6. Sewer and Water Services Charges: Upon connection to the sewer and water system constructed under this Agreement, the property owners within Andover will be billed by the City of Andover for sewer and water service in accordance with rates established by the City of Andover. The City of Andover will notify the City of Coon Rapids at such time as any connection is made to the system. The City of Coon Rapids will quarterly bill the City of Andover collectively for all ~ services provided based upon Coon Rapids' policies and rates. Inasmuch as only one collective billing will be issued to the City of Andover for all Andover users of the Coon Rapids' system, and as the City of Andover guarantees the prompt payment of utility use charges when due, the City of Coon Rapids agrees to charge only one quarterly service charge irrespective of the number of connections served in Andover by the Coon Rapids utility system. The City of Andover further agrees to provide meter readings to the Coon Rapids Utility Department when due. 7. Future Water Service: The City of Andover retains the right to serve and supply that portion of the system owned by Andover with water from the Andover system. Thirty days notice shall be given to the City of Coon Rapids before the actual change is made. The valve connecting to the City of Coon Rapids system will then be turned off. The valve will be retained as an emergency water system interconnect. 8. Strict Accountability: The strict accounting share made of all funds and report of all receipts and disbursements shall \ ) ~, 3 o ~ .~ be made upon request by either party. 9. Indemnity Notification: Each party hereto agrees to indemnify, defend and hold harmless the other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of its respective officers, agents, or employees relating to activities conducted under this Agreement. 10. Entire Agreement Requirement of A writing: It is understood and agreed that the entire agreement of the parties is contained herein and this Agreement supersedes all Agreements and all negotiations between the parties relating to the subject matter thereof as well as any previous Agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of the Agreement shall be valid only when they have been reduced to writing and duly signed by the parties therein. 4 '~ IN WITNESS WHEREOF, the parties hereto have executed this agreement by their duly authorized officers and have caused their respective seals to be affixed hereto. CITY OF COON RAPIDS By: , Mayor (SEAL) By: Gary Jackson, City Manager ~ CITY OF ANDOVER By: J. E. McKelvey, Mayor (SEAL) By: Victoria Volk, City Clerk --J 5 " . 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V~~.: - I --;:- Z oJ ';Z Tjlf.'t'! ~ "l% ,~/ttDDEN"JI'I' ~),< ljot '" AM..:.!.....!. . ..:711'',.{,7;, ; ~ ~ ~ .' ,II '-. '~',~'~'\-r ~:.:,\:;;z ~"'I;' ~F-~.. ~ '!z~..uEAOOWSrlOj" ~ ~ :y ~ I'F, ~ ~u:. CA"': ;t1S~~o',;,,7 ,'~ ~~E!-"'" ~/7r At" "" ~ ,L' 0: /': " :;'71.!J!~'I:t' ~ ';~~" '-;;;'''J,~ ~'..;g'n:-/ '" AL/. ~~L'h '~. ,.."".....".",..1 ~JI , 2~':~~ LI6 J ': I'i"DDrT~N-l~..!!!. i"~ ./' ./' _/ V'L...../'LY I. :;c ......,..\...,--))..2 '''''ll~A1..:' ~; -- Jr---;" II '"-~ ... .f T 7' '..JIIA :- "'J~'I'I'\J" ;" ,~,:b 'i;i-.y: ~'\'.i.'~f~~~jJNO~.. '/ /, 1ldi1'~:"~ 1 --.i.o.., .t.i4-... _.~ _0::. .....!.-.......__. ~_/ /J/ ~ lI: , ,::'1: I C.L."- ----.l.1 ___. ". ".-.. :.......:, " -1~r--'1. -CITY...:, C:::';Cf) ~:~>.F'1D::::: ,!:;j"~OK:~\ ..'"'.'.~ ~ " """" '1 ~.~' i ~~~ ~, I Q::~I ~"'''.'n~:~ ,HILLS ;-ro,..~ ~I .,,,lOut F"{JNJrE~.'r", r:z.:~KE t"'7r5:oi~71~~ ! I..... 1~.,.~J.lI !!i.l.. ..1,,':"'''(.' , 1,1':. ~\I : I "\.~~I ( : [~.~. ..~ .~~~ , 'zA~Ji4""~1 I' I I , YJ/, 3, /' "B-I : I I 6 ., ,.,., I' \.1) : I I '7 zs ~/. _.~IIC~ :: r '01 t. l>= ~ ,. 1 J..:)eT- .. I -,....... iL.ur~/ 'j'."~' f: 11 BUN (,,':-R. ~~ft..3:z~ I I I I ~ ....!J..j?, . i r3--' , 5 ~ ..,rN!." .lo4C",J' !J.+il I X ~""~.;"j,I,-;j1 1 ,54.-RfyJ:EJ~ I !~. '''''I_.-J..'JL'~I I ,~!?Ir11 114." '; r- " ,.<'" 5' /' -' 'm::::::::I I ~~, ~.II~ I!Z~. ,- ..""'"",'", >, ':i,""":, i:i Ii )).1,>.' iiii :,:,1); i", ':'" .J ,t:i,/"--+- -- .........................:.. ..:....:::.r........... ..i..........',II :,.,'. '..,,',' , ....'.............. "::,....,, ,'" : , ') CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 3, 1993 DATE AGENDA SECTION NO. Non-Discussion Items ITEM NO. "J ,,) ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA Receive June Financial Statements Daryl E. sulande,/n/ Finance Di rector\)t:t ~')fel d0-' REQUEST The Andover City Council is requested to receive the June 1993 Financial statements for the General, Water, Sewer and Central Equipment Funds. Please note: 1) The 70% advance payment of the July tax settlement was received on June 21st. The remaining balance was received on July 6th, and will appear on the July statements along with the first half payment of $216,000 for LGA and HACA received from the State of Minnesota. 2) These statements include the amended expenditure budgets adopted by resolution R016-93 on 1/19/93. 3) Unanticipated expenditures for the special election and higher than expected insurance costs will need to be funded. I will present a budget amendment request at the next meeting. 4) Fire Department expenditures include $34,000 of accrued point pay for December 1992 through April 1993. All point pay is paid to the fire fighters in December each year. 5) The Water and Sewer Funds second quarter billing has been prepared and released. The due date is August 5th. Water sales and revenue are much lower than last year due to the above normal rainfall so far this summer. 6) The Central Equipment Fund is operating smoothly. Revenues and expenditures are within budget projections at this time. Should there be any questions regarding the information presented, please contact me prior to the meeting so I may have adequate time to research the question. MOTION BY: TO: ,J CITY OF NmO'lER YEAR TO DATE SUfW,RIES GENERAL, WATER, SEWER NJO CUHR!,L EQUIPllnn FUNDS As of 30Jun93 G ENE R A L FUN D ~: EVE ~J U E S ---------------.------- ----------------------- GEI~E RI.L PROPERTY TAXES G1.lSItiESS LICENSES AND PERi~m IiClHUS:JlJES:S LICENSES & PERlms 6uildin3 Reiated Oth"'r' INTE;(GOVERNfIENTAL REVENUE '<:ARCiES FOR SfJ:VICES ,_) street Li'jhting Other' COURT FINES Sf'ECIAL AS:S:U:Sf!ENTS !,HSCELLN,WJ3 REVENUE Inter'e"t [a,'ned Refunds and Reimbursements Oth('[, TRANSFERS FRO:~ OTHER FUIJOS FrO'n !,dmin, 1['[131, Fund Fro~ TIF 1-1 Fund FWIi TIF 1-2 Fund Revi oed Gud'Jet 1,2%,030.00 17,025.00 270,420,00 7,550.00 643,792,00 73,600.00 ?7,(;OO.00 37,000,00 3,000,00 44,000.00 31,000.00 3,000.00 67.498.00 24,000,00 6,000.00 y";,, to Date Actual fHccnt.','~e Relf\3ining 751,406.98 42 13,755.00 19 231,129,22 14 4,357.00 42 87,089.17 86 23,500.88 67 24,937.65 9 14,554.40 60 12.00 99 9,1%.12 79 3,558,1,2 38 15,414.39 (413) 100 100 100 lO'll.L GENERPL FUIW REVENUE 2,551,515,00 1,181,032.23 53 - ) ---------.--- ------------ ------------ ------------ ,) CITY OF NWOVER YEAR TO DATE ~;UI'W.RIES GENERAl., IIATER, SEilER ;it,D CENTRAL EQUIf'~IENT FUNDS As of 30.Jun33 G ENE R A l. FUN D E X f' END I T U RES ----------------------- ----------------------- MAYOR M'~D COU~,JCIL N ['.iSL E HE R ELECTIONS ADI~INISTRATION F INNIW.L ADI.IlNISTRATICiN AUD IT ING M;';b~,FjG A TTO:~:i-~E y FH~JN ING f:iO LON1 NG qATA rf.:CCESSING , , )Y Hl,LL [',UllDING FIRE STATION 8UILDING PUr,l IC \~)RKS E:UILDIIKi SENIOR CITIZEN'S CENTER El'Ulf'~IUJT eUILDIWi CIT'I HALL GARAGE t IIGINEERIUG TOML GENU:I,L GOVERNflUH POLICE PROTECTICN FIRE f'fOTECTICN RESCUE SERVICE ftOTECTIVE INSf'ECTICN CIVIL DEFENSE Mm'A L CONTF:oL lOTH f'UE:LIC UHTY ) ReV; s"d 8ud'J"t 38,824,00 5,392.00 136.535,00 109,)09.00 10,750.00 47,192.00 52,560,00 52,9)UO 19,537,00 43,902.00 33,086,00 19,805,00 8.982,00 2,S30.00 80,124.00 662,352.00 425,004,00 268,81).GO 35,183,00 163,961.00 2,960.00 10,255.00 906,180.00 'I"',r' to Date f'er'centa8e Actua 1 Remining 22.926.33 1,091.51 1,858.58 72,886.86 49,071. 84 10,750,00 47,190,00 28,076.77 22.070.89 8,165,89 22,263.75 20,645.31 15,557.39 4,434.27 1,659.29 323,85 33,716,20 362,788, )3 105,863,29 121,421.73 9,357.39 79,236,/19 664.90 31539.19 3iO.082.S9 40 79 46 55 o 1,6 58 58 49 37 20 50 44 57 45 /5 54 73 51 17 G5 [,1, "- ; ,--j CITY OF NmOVER YEAR TO DIlTE S:.Ift,1ARIES GENERIIL, WATER, SEWER NiD cum/,L EC'UIF'MENT FUNDS As of 30.Ju1193 f:evi s(,d 8ud'~et y,';:w to D,jt,,, f'erc:nti:';18 Actu.J 1 Rem i 11 i ng G ENE R A L FUN 0 E X f' END I T U RES ----------------------- ----------------------- [:1 REETS IIND HIGfi\,IIYS SNOitl NjO ICE REflJVAL E:TORi,1 E:EWERS STREET LIGHTING E:Tf:EET SIGNS TRAFFIC SIGNALS STREET LIGHTS-DILLED TREE PRESERVATIW/I~AINT \if ED CCiimOl "F.CYCLING \ ) J TOTAL PUBUC WORKS FIF;KS NJD f:ECREATION ECONCmC DEVELOPI~Etn UIJMLC(IITED OTI1ER FINNKHIG USES 235,827.00 84,336.65 64 167,820,00 71 ,248.23 53 24,507,00 4,4%.03 81 13,750,00 6,789.40 63 39,106.00 12,958.10 CG 9,840.03 2,796.94 71 65,174.00 j 1, 1l!4. 55 52 18,735,00 7,%3.60 'OJ 8,733.00 587.64 93 32,923,00 l3,iJ43,63 57 ------------ ------------ 621,415,00 242,143.74 61 247,[;58,00 76,031.96 69 20,507,00 10,094.47 50 40,620.00 20,953.00 48 52,783,00 22,822.0/; 56 ------------ -----..----."- TOTAL GENE,,:AL FUND EXPEIWITU:<ES 2,551,515,00 1,054,916,93 58 ------------ - --._------- ------------ -_....-------- ) .~ CI1V OF mDOVER YUR TO DAlE SIMcARIES GENERAL, WATER, SEWER J~D CnHr:J.L EGiUIf'f,!EtJT FUi~[!S As of 30,Jun93 Relvi sed 8udq!)t Year' to Date f'er'centEi'~le Actual Refl)3ining W ATE R FUN 0 REVErJUES ------------------- ------------------- I:,!,TER ~;iIlE~; t~ETER SALES f'E.R~'JT ms rmCELLN<EOUS REVENUES 320,710.00 50,472,95 84 23,300,00 31,495.00 ( 9) 12,GOO.00 12,550,00 (4 ) 14,000,00 5,039.11 56 ------------ ------------ TOHL \lATER FUND REVENUE 375,510,00 100,557.05 73 ------------ -----~------ ------------ ------------ ",J \IATER FUND EXPENSES ------------------- ------------------- ~:OURCE , E:TO~:AGE Mm IT[ An!EiJT 115,436.00 38,575,10 66 o IS TR IS UTION 11,6,325,00 71,454,29 51 It'!.!INISTRA TION 113,249,00 25,81,6,85 77 ------------ ------------ TOTAL \'UER fUr,o EXPENSES 375,510.00 135,885.24 63 -----------". ------------ ------------ ---------..-- ) '0 CITY OF NIDOVER YW: TO DATE ~:UI,W,RIES GENERAL, WATER, SEWER MiD CENWAL EQiJIPliUH FUNDS As of 30,Ju1193 SEW E R FUN D REV E N iJ E S ------------------- ------------------- ~;EVlR CHf;~GES INTEREST REFUIJD~: fJJD Rm\3UR~HcENT~: TRMUER FRCi'1 mlER CCfiN. FUND TOTAl. SEIlER FUND REVEWI,: ~ SEWER FUND EXPENSES -------------------- -------------------- CCUE CTJON i,cctropo 1i t,';11 .!J;,te Control oth,~t" Exp~nses fD~nNETRATION ,';.vi sed c.ud'Jet l'e,,1[' to Date F'ercenta'~le Actu,ll Rell\3ining 488,908,00 124,926,75 74 4,500,00 2,11,1.1.2 52 30,500.00 100 ------------ ----- ------- 523,900,00 127,068.17 75 --_."-------- ---_.- ."------ ------------ ------------ 336,168.00 196,098.00 41 99,729.00 17,281.73 82 88,003.00 19,749.82 77 ------------ ------------ TOTH SE.IER FUND EXF'EN~:ES 523,900.00 , ) 233,129,55 55 ------------ ------------ ------------ ------------ ,~) CITY or: NlOOVER YEA~ TO DATE SUf;,\",~IES GENERAL, WATER, SEWER /~O WITRI,L ECAIIF'~'fNT FUNDS A:, of 30,Jun33 Revi Sed 8ud'~et Year to Date f'ucent.','~e Actual Reffi3inin3 CENTRAL EC'UIPI~ENT FIINO F:EVENUE -------------------_.- ---------------------- Cfil,RCifE: FOR EHVICE EQUIPMFNT WITAI.S 115,5G2,OO 71,974.00 37 TOTAL CHARGES FOR SERVICE 115,552,00 71,974.00 37 ~,~J~;CEj_L NJ€OU3 REVENUE INTEREST EARN ED 2,000.00 G75.01 65 SALE OF UEED WJI PI,jtNT ,) RmBURSE~IENTS UE:E OF \!JRKING C/,PIT AL 10,000.00 100 ------------ ------------ TOTAL ~USC F: EVEN UE 127,552.00 72,649.01 1,3 -- -- -------- --------. --- TC!'!'.L F:EVtNUE 127,:.62.00 72,649,01 43 -------- ---- ----~------- ------------ ------------ CENTR,IL EQUIP/,IENT FIINO EXf'ENSES ---------------------- ---------------------- F'ERS:ONAL EEF:VICES OPERATING SUPPLIES & WdNT HJE:URNJCE CCNTRACTUAL SERVICES CCiJTINCiENCY TOTAL FUND EXPENSES 1'81522.00 13,554.99 52 70,437.00 24,905,93 G,~ 17,780.00 15,409,00 13 10,000.00 8,OGO,29 19 823 .00 100 ------------ ------------ 127,5G2.00 62,426.8G 51 ------------ ---------.--- ------------ ------------ :.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION August 3, 1993 DATE AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Transfer Funds/Close Fund 338 into the P.I.R. Fund D~ryl E. ~ulande;~n/ BY~I~Q~ F~nance D~rector ~ <rt1J ~{,. REQUEST The Andover City Council is requested to approve the transfer of funds from the Water Trunk Fund and the Sewer Trunk Fund to the 1990A G.O. Debt Service Fund (Fund 338), and close Fund 338 by transferring the remaining cash balance and special assessments receivable to the P.I.R. Fund per City policy. BACKGROUND '- ) The Temporary Improvement Bonds of 1990, Series A, hereafter referred to as 1990A Bonds, were issued to refinance capital improvement projects originally financed by the 1987 Series A Temporary Improvement Bonds. The 1990A Bonds matured on July 1, 1993. As of that date, the Water Trunk Fund owes $1,180,767.53 and the Sewer Trunk Fund owes $393,589.18 to the 1990A Bond Fund for assessments collected for area and connection charges. The negative cash balance of $465,174.47 and special assessments and interest receivable of $466,099.29 leave a positive net balance of $924.82, all of which should be transferred to the P.I.R. Fund to close out the 1990A Bond Fund. The two resolutions necessary to transfer funds and close the 1990A Bond Fund are attached for adoption. MOTION BY: '- ) TO: <) o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 Motion by Councilmember to adopt the following: A RESOLUTION CLOSING THE 1990 SERIES A TEMPORARY IMPROVEMENT BOND FUND AND TRANSFERRING THE REMAINING FUNDS TO THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, the City of Andover issued special assessment temporary improvement bonds in 1990 to refinance previously issued temporary improvement bonds used for the construction of capital improvements; and WHEREAS, the City of Andover has retired the bonds by payment in full at maturity on July 1, 1993; and WHEREAS, there. are monies remaining in the fund reserved for payment of this debt; and WHEREAS, the City Council has adopted Resolution No. R074-90 which established the Permanent Improvement Revolving Fund and requires these monies be deposited into this fund. NOW, THEREFORE BE IT RESOLVED by the city Council of the city of Andover that the 1990 Series A, Temporary Improvement Bond Fund is hereby closed. BE IT FURTHER RESOLVED that all monies remaining in the 1990 Series A Temporary Improvement Bond Fund be deposited into the Permanent Improvement Revolving Fund with $924.82 allocated to the Public Improvement Account and $ -0- allocated to the Capital Improvement Account. and adopted day of August by the , 1993 voting MOTION seconded by Councilmember City Council at a regular meeting this with Councilmembers in favor of the resolution, and Councllmembers voting against, whereupon said resolution was declared 3rd passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor , victoria Volk - City Clerk ',~ (J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 Motion by Counci1member to adopt the following: A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE WATER TRUNK FUND AND THE SEWER TRUNK FUND TO THE 1990A TEMPORARY IMPROVEMENT BOND DEBT SERVICE FUND. WHEREAS, the City of Andover has collected water area and connection charges within the Water Trunk Fund to finance additional construction of the city's water source, storage and distribution system; and WHEREAS, the City of Andover has collected sewer area and connection charges within the Sewer Trunk Fund to finance additional construction of the City's sewer collection system; and WHEREAS, the City of Andover has retired the 1990A Temporary Improvement Bonds at their maturity on July 1, 1993; and , ~ WHEREAS, the Water Trunk Fund owes $1,180,767.53 and the Sewer '-~ Trunk Fund owes $393,589.18 for construction and interest charges paid through the use of the 1990A Temporary Improvement Bonds. NOW, THEREFORE BE IT RESOLVED that $1,180,767.53 be transferred from the Water Trunk Fund and $393,589.18 be transferred from the Sewer Trunk Fund to the 1990A Temporary Improvement Bond Fund to pay in full their obligations. Motion seconded by Counci1member City Council at a regular meeting this 3rd with Councilmembers favor of the resolution, and Councilmembers voting against, whereupon said resolution was day of and adopted by the August , 1993 voting in declared passed CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk '\ 'J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Administration APPROVED FOR AGENDA ITEM NO. Delegate Authority to Pay Claims Daryl E. Sulander B~\\t?~ Acting Administra,~ . ~ ~'1. REQUEST The Andover City Council is requested to formally delegate the authority to pay claims to the treasurer by adopting the attached resolution. BACKGROUND '-) The 1993 Legislature passed into law the State Auditor's bill which became effective on August 1, 1993. Chapter 315 (S.F.580) is the state auditor bill, of which, delegating the authority to pay claims is defined as follows: 'Cities which prepare annual audited financial statements may delegate authority to certain administrative officials to pay claims and bills prior to review by the governing body. Delegation is by resolution. The city needs internal accounting and administrative control procedures to ensure proper disbursement, including the council's regular and frequent review of the officials' actions, and a list of claims paid at the next regularly scheduled council meeting.' MOTION BY: \, TO: C.J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 Motion by Counci1member to adopt the following: A RESOLUTION DELEGATING THE AUTHORITY TO PAY CLAIMS TO THE TREASURER. WHEREAS, the 1993 Legislature passed into law the State Auditor's bill, Chapter 315 (S.F.580) which provides for the delegation of authority to pay claims to certain administrative officials; and WHEREAS, the City Council recognizes the need to pay claims of the city in a prompt and prudent manner while exersizing frequent review and approval of said claims. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby aQthorizes the Treasurer to pay claims and bills prior to city council review. Said claims and bills must be presented for city Council review at the next regularly scheduled council meeting. ~~ MOTION seconded by Counci1member City Council at a regular meeting this and adopted by the 3rd day of August , 1993 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 Victorla Volk - City Clerk } '~, CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Auqust 3. 199~ AGENDA t-O. SECTION Non-Discussion ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-O. Authorize to Advertise for Planning and Zoning Commissioner position Planning ~ David L. Carlberg City Planner BY: .:11. The Council is requested to authorize staff to advertise to fill the vacant position on the Planning and Zoning Commission. The vacant position has been created due to the automatic resignation of Marc McMullen pursuant to Ordinance No. 11, Section 2, Absences. ~) MOTION BY: \ " / TO: Andover FI RE DEPARTMENT l!. t ,'1 ~ ~' 3 MEMORANDUM From: Mayor & city council Dale Mashuga, Andover Fire Chief M /", To: Date: 21 July 1993 In Re: Andover Fire Department This report is to update you as to the progress and state of affairs of the Andover Fire Department. As you know, when I took office over two (2) years ago, the fire department was in a lot of turmoil. I am very proud to inform you at this time that the fire department is running very smoothly with the usual bump now and then. I have not done this alone ... it is because we have a very good bunch of firefighters, officers, rescue personnel and Council. The Rescue Squad, as you know, has been incorporated into the fire department and we are now one. We did lose a few rescue personnel in the transition, which I did not want to see. The personnel that did leave, however, left without hard feelings. One of the rescue personnel told me that the department was ready for the changes that have been made and it was done for the betterment of the community. The response times on rescue calls have been as good or better than in the past and the cost to the City is less. This is due in part to the station response assignments which we started approximately three (3) months ago. As you know from my last report, this was no small undertaking. Every address in the City was assigned to a station for a primary, secondary and general alarm response. Then every address had to be entered into the computer at Central Dispatch. When we first started this, we had a few problems, most of which were caused by Central Dispatch until they became familiar with the new system. Things are now going very well with the station responses. We have not experienced a lack of personnel on calls and the numbers on the nuisance fires, EMS rescues and grass fires have been reduced. Station 1 13875 Crosstown Blvd. Andover, Minnesota 55304 612/755-9825 Fax: 612/755-9583 Station 2 16603 Valley Drive Andover, Minnesota 55304 612/421-9426 Station 3 1785 Crosstown Blvd. Andover, Minnesota 55304 612/755-9044 ~ Page Two In Re: Andover Fire Department 21 July 1993 To explain how the station response works, each address is assigned a primary and secondary station. For example, if your address is 14330 NW Osage street your response sequence would be 1-3-2. station 1 is the primary station, the secondary station is station 3 and the general alarm is all stations. If you have a medical problem or an automobile personnel injury call, you would only get a response from station 1. If you have a car fire in a garage, you would get a response from station 1 and station 3. If you were to have a house fire, you would get a response from station 1, station 3 and station 2. We are also in the process of adding on to this system mutual aid and the hazardous materials that are in certain areas in the City. We have also received stationary data terminals at station 1 which will automatically print out the address and call times and any hazards at the address. The first terminal that we received was free through a grant from the County. wi th this terminal, it allows us to have a permanent record of all calls and times of unit response on a fire. I have also established the officer assignments for 1993 with some changes. The officers at station 1 are Captain 11 Jack Richardson, Lieutenant 1 Bob Peach and Lieutenant 4 Mark Winczewski. At station 2, Captain 12 Mark Neuschwander and Lieutenant 2 Ken Anderson. At Station 3, Captain 13 Ray Sowada and Lieutenant 3 Larry Capeling. Our Training Officer is Paul Gengler; Safety Officer is Glenn smith and Assistant Fire Marshal is Dennis Madden. We have a very good officer group and they work well together. With this team we have made a lot of changes in the fire department to make it more efficient and cost effective. The officers put in many extra hours that are never seen by the City or recorded. For example, I have been keeping track of the hours that I spend at the station writing policy and taking care of bills, etc. and I am averaging approximately 150 hours per month. With this in mind, I would like the City to consider hiring a full time chief. I have heard some people say they think that I want to make the chief a full time position .... and I am not trying to keep it a secret. Yes, I am because the City of Andover is ready for it. Most cities our size in the area already have a full time chief and the time and job demands to do a good job requires a full time chief. ... Page Three In Re: Andover Fire Department 21 July 1993 I was given permission to hire a secretary for ten (10) hours a week and Frank stone was given a secretary for twenty (20) hours a week. We went through interviews and Frank got first pick and I got second. The person the fire department hired was Wendy Deal. She was working out real well and we were getting a lot of our records updated and entered into the computer. Then Wendy started to have some problems at home and had to resign her position. She was doing a good job and I do believe she liked her job. Just before Jim Schrantz had his last stroke, we were going to go over the list to call our third choice person on the secretary interview list. As of now, I still do not have a secretary but hopeful, this will be corrected soon. Andover Fire station 3, as you know, is at the public works building. I would like the city Council to consider building the new station 3 within the next two (2) years. There are some very good reasons for this ... we need the room for equipment and I know Frank Stone also needs the space the fire department is currently using. Also, the construction in Andover is moving to the east and some of this housing is also going to be east of the railroad tracks, which is a very busy track and all of the stations are currently west of the tracks. The cost of station 3 should not be as much as station 2 because we already own the land. The bottom line is that the residents of Andover have the best, most economic fire department in all of Anoka County... and a good share of Minnesota ... and the united states ... and this is due to the firefighters, the people of Andover, the officers and you the City council and Mayor. The future of the fire department is in your hands. I request your continued support in giving us the tools to continue to be the best and to progress even further and always forward. DATE: August 3, 1993 ITEMS GIVEN TO THE CITY COUNCIL Planning and zoning Commission Minutes - July 13, 1993 Special City Council Minutes - July 15, 1993 City Council Minutes - July 20, 1993 Memo from Dale Mashuga - July 21, 1993 Feasibility Report Woodland Pond Sketch Plan SuperAmerica Final Plat Woodland pond Preliminary Plat Woodland Pond What's Happening Schedule of Bills PLEASE ADDRESS THBSE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor and City Council City Departments David Almgren Auqust 3, 1993 JULY 1993 MONTHLY BUILDING REPORT I hereby submit the following report of the Building Department for the Month of July 1993: BUILDING PERMITS 44 Residential Permits 1 Addition Permit 4 Garage Permits 1 Commercial Building 3 Pole Buildings 3 Sheds 1 Swimming Pools 2 Chimney/Stove/Fireplace 1 Structural Changes 40 Porches/Decks 100 PERMITS 100 Building Permits 1 Demolition 1 Footing 1 Renewal 45 Heating 13 Heating Repair 29 Hook Up (Sewer) 43 Plumbing 8 Plumbing Repair 165 Pumping 15 Septic 3 Septic Repair 30 Water Meter 45 Certificates of Occupancy 11 Contractor's License 39 License Verification Fee 6 Health Authority Form 29 Sewer Administration fee 29 SAC Retainage Fee 3 Reinspection Fee APPROXIMATE VALUATION $ 4,721,000.00 14,700.00 30,720.00 743,500.00 15,456.00 5,040.00 1,500.00 2,050.00 975.00 U5,720.00 $ 5,650,661.00 FEES COLLECTED 36,268.20 15.00 15.00 319.75 1,520.00 280.00 725.00 4,756.45 120.00 412.50 560.00 105.00 1,500.00 180.00 275.00 195.00 30.00 435.00 217.50 90.00 $48,019.40 .' '" uUL! Moncn~y rteporc August 3, 1993 Page Two Total Building Department Income--July Total Building Department Income--YTD Total Valuation--July 1993 Total Valuation--YTD 1993 Total Number of Houses YTD - 1993 323 Total Number of Houses YTD - 1992 276 1993 1993 DA/jp .' $ 48,019.40 309,257.42 5,650,661.00 34,103,260.00 '" " Office of ~~'3-q3 ANOKA COUNTY SHERJWcEIVED KENNETH G. WILKINSON JUL 30 1993 CITY OF ANDOVER , 325 Jackson Street - Anoka, Minnesota 55303-22/0 612-323-5000 Fax 612-422-7503 . CITY OF ANDOVER M8NTHLY CONTP~CT PRODUCTIVITY REPORT MONTH: June , 1993 T~is =~port ~e~l~cts the prcd~c~ivity of t~e Andcv~r contract cars, ::1:5, 3:1.33,3145 a;-...d 3155. :t :!CE-S :10t i:1clu:J.E: a:t:.vity b~" Sl'~e=i r:' s DE?~rtmEnt-:ar~: '/'t": thin t~1e City ju:-ing non-contract ~:)urs, ~or, 3~.:i~pit7 ~y c:h~r s~:eriff's De~artment cars within th~ city dur~ng c=htract hO~~3. ~r~e~ts: T~a:fi= 62 F.ad:.o :a11.:: 660 iJW: 2 :cm;:'ai~ts 464 A==~S~S: Felo:l7 1 l.!edi:als 11 ..: . :.f. 3 ~ - ... . -' .r:..::cider:ts 5 H:.s:iem-: 3.1: :_.:A 37 ?D. a";:: ::..d~::'":3 13 A=r~S~3: War~al~~ 4 Come.=t;.cs 27 p2.p~rs ~-=r1...-=d: 2 EOllse C~ecJ~~ 17 ;'::::r::i::g.2. : 45 9~5ineS5 Ch~cks 590 ~.:.d3: Ft!bli: 73 ~:'t:J.~r Fo.ger:: ir?5 81 ~O?AL M:~ES PATRO:l~~: 9,680 :A?~AI~ ~EN CIiRIST .:.~!0!~:"!:.~C.JNTY 5:1:::F.:F? S D:P;'.RTH!:t~? ?F.::FC~ DI'.'ISI:J~! -6- Affirmative Action I Equal Opportunity Employer' "' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 3, 1993 ~:: AGENDA t-O. SECTION Approval of Claims ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM t-O. Amend Schedule of Bills dated 8/03/93 Daryl E. sulande~,Jn~ ~O~ Finance Director ~f ~ REQUEST " The City Council is requested to amend the schedule of bills dated 8/03/93 to include the following claim: Vendor Name/ Description Amount Account Name/No. Inv.No. . 1. Gerald & Carol Windschitl, Doug Johnson Homes, R J Schultz Builders, William Rademacher $ 15,175.00 Special Assessment 87-3B Settlement Agreement 501.49250.810 Total Amendments 15,175.00 8/03/93 Schedule of Bills 179,011.81 Total Amended Schedule of Bills $ 194,186.81 ======::=I!=:a==- MOTION BY: TO: Z61O-LGv (ZI9) :)(\1.:1 OOSL-LGv (ZI9) mt:ss 'l?lOSaUU!l^J 'mjouy laa1lS U!'l?l^J lsaM Ot:S . .:lO:paS a:nllq:.ld aq~ hq pa~SB~ aq haUOm ~Bq~ pUBmap ~OU O~ TnJa.lB3 aq OSTB PTnoqs ~nq ~00q~a~30d s~T ~uT~3a~o.ld hTUO ~ou ~noqB paU.la3U03 hTqT.l.la~ aq ~snm ~UamU.laAO~ ~uTq~ I .TTTq sTq~ hBd hTa~BmT~Tn ~Bq~ sauo aq~ a.lB haql .asTa auohuB UBq~ (hTTmBJ aq~) .lahnq aq~ JO ~uTodpUB~S aq~ mO.lJ a.lOW sTq~ hBS I .SUOT~do amos sn aAT~ .asTa aUOh.laAa o~ asuodsa.l aATsuadxa UB uT ~uT~Tnsa.l 'dTqsUB~.lO~ hppOqS ~uTpnT3uT hTqTssod 'a3uB~suT auo uaaq a.laq~ SBH lUOT~.lodo.ld JO ~no ~oTq ~uTaq uOT~Bn~Ts aq~ sl laTqBTTBAB aq ~snm ~Bq~ SUOT~do snO.lamnu aq~ a.lB ~B~ .uoT~3n.l~SU03 ~UT.lnp pBO.l ~Bq~ uaAT~ sT uOT~3a~o.ld a~BT.ldo.lddB ~UTPTAO.ld a~BnbapB a.lB Sp.lBpUB~S ~uT~sTxa ~Bq~ pUTJ TTT~ a~ aAaTTaq uaq~ I '~uamom aq~ .loJ ~uama~B~S sTq~ ~da33B a~ J1 .aa.l~BSTP .IOU aa.l~B o~ UOT~Tsod B uT ~OU mB I 'smaTqo.ld pasnB3 sBq sTq~ a.laq~ sa3uB~suT 3TJT3ads JO ~ou~ ~OU op I a3uTS .asBq aq~ sq.ln~sTP h~TAT~3B ~3n.l~ hABaq STq~ pUB pa~aTdm03 uaaq SBq ~UT3BJ.lnS TBUTJ aq~ a.loJaq UOTsTATpqns B UT sUT~aq samoq JO UOT~3n.l~SU03 ~Bq~ ST a~uBq3 sTq~ .lOJ uaAT~ uaaq aABq a~ UOSBa.l hTUO aql .3TJJB.l~ ssaT ~Tq B a~Tnb sT a.laq~ a3uTs pa~TJauaq ssaT hTqB.lapTSU03 a.lB haq~ 'PPB ~q~Tm I pUB 'a~B~UO.lJ pBO.l a.lom aTqB.lapTsU03 aABq haq~ a3uTs pa~3BdmT a.lom q3nm a.lB s~OT TB.ln.l aq~ 'hTsnoTAqo .~oT .lad OO~'I$ pUB OOE'I$ uaa~~aq a.laq~amos a~UB.l TTT~ - .laAaos~Bq~ Sdn~.lBm ou - ~oT .lad ~S03 TBn~3B aql 'pa~aTdm03 ~snr SB~ ~Bq~ ~3aro.ld B .loJ s3ads ~au aq~ .lapun PTq B sn aAT~ o~ .laTTddns ~TBqdsB h.lBmT.ld .lno pa~sB aAqB a~ .pa~3aJJB hTTB3T~BmB.lp aq TTT~ q3Tq~ ~uamdoTaAap TB.ln.l aq~ uo ~uamom aq~ .loJ sn30J o~ aTqBsTApB aq PTno~ ~T ~uTq~ I 'anssT a.lT~ua aq~ ~noqB paU.la3U03 a.lB a~ q~noq~TV .paddB~ aq UB3 q3Tq~ ~TJo.ld ssaTpua SB ~uTq~ q3ns ou sT a.laq~ a3uTs .lamnSU03 aq~ o~ uo passBd hq ~snm ~soJ 'UOT~3n.l~SU03 pUB ~uamdOTaAap a~B~sa TBa.l '.a.T 'h.l~SnpUT aAT~T~adm03 hTq~Tq B UT paAToAUT hTTB.laUa~ sT ssauTsnq h.laAa pUB q3B~ 'ua~B~sTm a.lB haq~ 'asT~.laq~o saAaTTaq aUOhUB J1 .~uamdOTaAap JO ~S03 aq~ .laA03 ~snm hTa~BmT~Tn oq~ .lahnqamoq aq~ sT ~1 ..lahBdxB~ aq~ O~ ~S03 .lOrBm B sT sTq~ SB q3ns UOT~3B UB ~Bq~ aZTTBa.l OSTB ~snm a~ ~nq '.lBTn3T~.lBd UT ~UamU.laAO~ TB.lapaJ pUB a~B~s .lno JO s~TqBq ~UTPuads aq~ JO amos pUB saxB~ .lno JO ~S03 aq~ JO a.lB~B TTa~ a.lB a~ ~uTq~ I .~TJauaq TBUOT~TPpB hUB apTAO.ld '~3BJ uT 'saop ~S03 TBUOT~TPpB TBT~uB~sqns sTq~ ~ou .10 .laq~aq~ .lapTSU03 o~ h~TUn~.loddo aq~ aABq pUB SU03 pUB SO.ld aq~ JO pam.loJuT .la~~aq a.lB 'TT3un03 aq~ pUB suazT~T3 aq~ ~uTpnT3uT 'aUOh.laAa TT~un .la~~Bm sTq~ uo UOT~3B .laJap nOh ~Bq~ ~sanba.l o~ sT .la~~aT sTq~ JO asod.lnd aql .suoTsTATpqns TBT~uapTsa.l uTq~T~ s~aa.l~s UO pa.lTnba.l ~TBqdsB JO q~dap aq~ ~UTSBa.l3UT JO h~TTqTssod aq~ UOT~B.lapTsu03 .lapun ~UT~B~ sT TT3un03 aq~ ~Bq~ pam.loJuT uaaq aABq a~ 's.laqmaw TT3unoJ pUB .lOhBW aTqB.lOuOH ~OE~~ B~osauuTW '.laAOpuv p.lBAaTnog ~O~SSO.lJ ~sa~q~.lON ~891 lI~AOaNV ao Xl1J s.laqmaw TT3unOJ pUB haATa~3W ~3Br .lOhBW aTqB.lOUOH aql E661 'E ~sn~nv 4 Emq ~uap1sa~d uosl~E~ "g aoua~^E! 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' . .'. ,.. " --.-. ~- ,~~bforb . -' . . I ': L7-.30-7.3 '<:7' - .."~'~+/,:r ~~ ~P1. i!lebdopment qcorporation, Jfnc. , , .3640 - 152nd Lane N.W. . Andover, MN 55304 . 427~9217 JUly 27, 1993 Mayor & Council Members City of Andover 1685 Crosstown Blvd NW Andover, Mn 55304 Dear Mayor and Council Members, RE:WEYBRIDGE, THIRD ADDITION I am writing this letter in an attempt to provide each of you with the facts that relate to this subdivision. I will be providing you with copies of documents that will provide a basis for determining what actually took place. . In my opinion your outside consultants appear to be making decisions that are not supported by the facts. After reviewing the results of their decisions, I would ask the question, are these decisions being made for the benefit of the City or are they being made to seek retribution or revenge from me due to a prior lawsuit? CENTRAL ISSUES RELATED TO THE WEYBRIDGE THIRD ADDITION The City of Andover I s outside consultants are trying to force Ashford Development Corporation to pay $34,673.76 for Storm Sewer Trunk charges by uSing the Development Contract for Weybridge Third Addition as the basis for cOllecting the money, rather than using the normal Section 429 Public Improvement law. The effect of using the Development Contract as the method of attempting to collect the $34,673.76 of storm Sewer Trunk charges is to deny Ashford Development Corporation, Inc. its constitutional riaht to appeal or challenae the correctness of the assessment. We have been given a take it or leave it proposition by the Andover Consultants, we either had to sign the development contract with the Trunk storm Sewer changes in it or we cannot develop Weybridge Third Addition. It is that in todavs svstem of iustice. that anvone. alIa overnmenta unit would tr to force money out of without allowina that entitv the benefit of due process accorded under the Federal and state Constitutions. The following situation directly related to this project, is a good example of what is wrong with trying to force, some one to pay money without the benefit of a legal appeal or challenge: We were requested to pay $34,673.76 based upon a plat of 19.9 acres. I had the firm of Hakanson & Anderson Associates, Inc. calculate the net area draining to Andover Lake. They calculated the plat as follows: (See exhibit 4 for details) Total area of the Plat = Area not draining to Andover Lake = Area below 100 year flood elevation = 19.456 Acres 2.727 Acres 1.132 Acres Net Area = 15.597 Acres TKDA Calculation 19.9 Acres X 1,742.40 Hakanson Anderson Calculation 15.597 X 1,742.40 = $34,673.76 = $27.176.21 Difference $ 7,497.55 In other words had I signed the development contract Ashford Development Corporation would have been charged an extra $7,497.55 and it would not have had any rights to object to it. One might expect this type of justice in a dictatorship, but not in the United States. I respectively request the members of the Andover Citv Council to take the decision makinq authority away from vour consultants and make the decision vourselves. In order to assist you in making your decision, I will try to provide you with relevant data and the source of the data. BACKGROUND Ashford Development Corporation Inc. purchased the area known as WeYbridge from the Gaughan Companies on May 6, 1991. We promptly made a review of the plans and specification that had been prepared by TKDA. We immediately recognized that major problems existed. We hired a surveyor and an engineer to assist us in reviewing the effect that the adjacent development was having on our property. We sent a letter dated June 17, 1991 (see Exhibit 1) to the city of Andover noting our objections to what was being planned for the adjacent property. In the letter we noted a number of Storm Sewer Design problems, some of which were: (Next Page) " 1. storm sewer on the north part bf Xeon street. (from page 2) 2. No outlets for natural drainage. (from page 2) 3. catch basins and pipe on 141st Lane and Xeon street. (from page 2) 4. Xeon street (North part). (from page 4) 5. Grading plan - Natural low point (from page 4) 6. Major low point on Xeon street - filled, creating a swamp. (from page 4) 7. storm sewer on 141st Lane. (from page 4) In order to resolve the above problems and others noted in my letter, Peter Raatikka and myself met a number of times with John Davidson from TKDA and Jim Schrantz. In these meeting we presented a map (see exhibit 2) which detailed the areas that had a natural drainage right to the area that was goi~g to be developed as Lake Andover. Since the adiacent development that TKDA was desiqninq a storm water drainaqe system for. would be cuttinq off the natural drainaqe from our property. we insisted that adequate storm water outlets be desiqned into the system such that our storm water would be provided for. as it had a natural riqht to be there. It is only because of TKDA'S design of the adjacent plat which cut off the natural flow of water from Weybridge Third Addition, that made it necessary for Weybridge Third Addition to be a part of any storm water trunk system. At the conclusion of our meetings both TKDA and James Schrantz had agreed to provide us with the storm water outlets that exist today. At no time durinG any of these meetinGs were anv of us told that a trunk storm charqe would be made. (See Mr. Peter Raatikka 's letter exhibit 6). ARGUMENTS AGAINST POSITION TAKEN BY ANDOVER OUTSIDE CONSULTANTS Our arguments against the position taken by the Andover outside consultants are as follows. 1. A letter was submitted by the Gaughan Company that clearly states that all of the Trunk Storm Sewer charges were paid, for all of the Old COlony Plat inclUding the area known as Weybridge Third Addition. (See exhibit 3). Your consultants have access to all of the documents that are noted in this letter. As of the date of this letter no evidence has been presented to dispute Mr. Hamel's statement. 2. Most of the land included in the Plat of Weybridge, Third Addition had a natural right to drain 'into Lake Andover and as such would not have been sUbject to a Trunk Storm Sewer trunk charge. (See exhibits 2 and 4). 3. It is absolutely clear that we had a right to and Mr. James Schrantz and John Davidson agreed to provide outlets for the water that drained naturally to Lake Andover, as the natural flow of water was being cut of with the approval of the Creekview Crossing Plat. (See exhibits 2 and 4). If these outlets had not been agreed to, we would have had no alternative but to seek relief in the courts as we would have had a large parcel of land that would have had its natural water flow cut off and a large pond or swamp would have developed. As can be noted from exhibit 4 most of Weybridge, Third Addition had a natural drainage right to Lake Andover. It would have been unconscionable for the City of Andover to approve a plat that cut off the natural drainage right of an adjoining property and then not replace the outlets. 4. At no time during any of the meetings with Mr. James Schrantz and Mr. John Davidson, was I told that a trunk storm sewer charge would be made. (See exhibit 6). 5. The feasibility report for Weybridge, dated Feb. 4, 1992 contains no notice or proposed assessment for a trunk storm water area charge. (See exhibit 8). 6. Weybridge was platted in 1992 with the storm water going into Lake Andover and no trunk storm water area charges were assessed. 7. Weybridge, Second Addition was platted in 1992 with part of the storm water gOing to Lake Andover and no trunk storm water area charge were assessed. 8. The Weybridge, Third Addition final plat was approved prior to any discussion or notice that a trunk storm sewer area charge was gOing to be made. 9. The City of Andover has never adopted a .04 cents per square foot charge for Trunk Storm Sewer charges. '. 10. A letter from Mr. Peter Raatikka, related to this project clearly defines our understanding of what took place with this project. (see exhibit 6). 11. The feasibility report received by the Andover City Council on May 18, 1993 for the Xeon street NW Trunk storm Sewer Project 93-9 did not include WeYbridge Third Addition. (See exhibit 9) 12. The public record on the Weybridge Third Addition Project is abundantly clear as to what has taken place with this project. 13. TKDA letter of JUly 26, 1993 (see exhibit 7), this is the letter that came with the denial letter sent by Mr. William L. Hawkins. (See exhibit 10). This letter, in my opinion contains a number of material misstatements of fact, among them are: A. In the last line of the third paragraph the fOllowing statement is made, "The City has never assessed area outside the urban service boundary." The city has assessed outside the urban service boundary, in fact in the Old Colony Estate Project 88- 8 a deferred WM & San. Service assessment to the Trettel lot exists (see exhibit 5, second to last line of the page). The Trettel property was not in the MUSA area. B. On the top of page 2, first paragraph the following statement is made, "Due to present platting patterns and the response to serve the area proposed to be Weybridge, Third Addition, at the developer's request, the area was made tributary to the Regional Pond adjacent to Andover Boulevard." This statement is unbelievable, given all of the meetings Mr. Davidson attended and where agreements were reached on this sUbject. The outlets given to the Weybridge, Third Addition area were installed because the City was approving a development that was cutting off the natural drainage rights to Lake Andover that existed for most of the land in Weybridge, Third Addition. I had an absolute right to have these outlets provided for 14. If the City amended the development agreement to preserve both the Cities and my rights with respect to the issue of whether the City can assess the Trunk storm Sewer charge against Weybridge Third Addition, neither myself or the City would be giving up any legal right. Yet, both the City and myself would benefit from the development of the project. IF THIS IS THE CASE. WHY IS THIS PROJECT BEING HELD UP? The plan that the Ci tv consul tants appear to be makinG is as follows: 1. Cut off the natural water flow from the Weybridge Third Addition property to Lake Andover. 2. Agree to provide the outlets and have them constructed without any discussion about a trunk storm sewer charge. 3. One year later and after all the approvals are completed and all of the expenses have been incurred, someone decides to place a trunk storm sewer area charge against the property. PHYSICAL STATUS OF THE WEYBRIDGE THIRD ADDITION PROJECT 1. The contract has been awarded. 2. Hakanson Anderson Assoc., Inc. has staked the project and set control. 3. TKDA has staked the project 4. Manholes, pipe and other supplies have been delivered to the site. 5. The site is graded and all city requirements have been met. " CONCLUSION Given the above facts it would seem that they should speak for themselves, I am very concerned that some of the comments that have been made by the Andover Consultants have had the effect of damaging my reputation and creating doubt in the minds of the City Council members. The City is spending a lot of money for these consul tants and we intend to challenge the inclusion of any of these charges in our project. I do not have a right, nor do I expect to be treated any different than other residents of Andover. However, I do have a right to be treated the same as other people are. I should not have to come to the City and be told that I can't do things that other people have the ability to do. I am very concerned that the Andover consultants may be trYing to get even from the last lawsuit. I wish to thank you for taking the time to read this document. Sincerely, ~ 0~~;4 Jerry Windschitl Ashford Development Corporation, Inc. HISTORY OF THE PLAT 1. The Preliminary Plat and Grading Plan for Weybridge was approved by the City Council. No notice or discussion about a storm sewer trunk charqe was qiven to Ashford Development Corporation. Inc. 2. TKDA prepared a feasibilitv report (see exhibit 8) dated Feb. 4, 1992 for Weybridge which was accepted by the city of Andover. No discussion or proposed assessment for a trunk storm sewer charqe exists in the feasibilitv report. In fact Exhibit 3 of the report specifically shows the storm water from Weybridge going into the Creekview Crossing System. 3. The Final Plat of Wevbridqe was approved in 1992. The water from Weybridge goes into Lake Andover. No notice or discussion about a storm sewer trunk charqe was qiven to Ashford Development Corporation. Inc. 4. The Final Plat of Wevbridqe. Second Addition was approved in 1992. Part of the storm water from this plat goes into Lake Andover. No notice or discussion about a storm sewer trunk charqe was qiven to Ashford Development Corporation. Inc. 5. The Final Plat of Wevbridqe. Third Addition was approved on May 4, 1993. As of the date of approval. no notice had been qiven about anv trunk storm sewer charqes. 6. The Andover City Council on May 18, 1993 received the Feasibility Report for Xeon street NW Trunk Storm Sewer Project 93-9. (see exhibit 9) Weybridge, Third Addition was not included in the report. 7. The Andover City Council on June 15, 1993 awarded the contract for the improvement of Project No. 82-19 (Weybridge, Third Addition) to Old is Gold Construction in the amount of $199,927.32. No conditions were attached to the award of the contract. 8. Ashford Development Corporation was advised by city staff that it had to pay the $.04 per sq. foot trunk storm sewer charge and sign a development contract with the trunk storm sewer area charge included or else the Weybridge, Third Addition project would not be allowed to proceed. 9. The City of Andover was sent a letter dated July 19,1993 from the Gaughan Company stating that they had paid in a number of ways all the Storm Sewer Trunk charges for all of the property owned by them at the time, including the property now known as Weybridge, Third Addition. (see exhibit 3) 10. Mr. Steve Nash, my attorney sent a number of letters and fax's trying to obtain a decision from the Andover Consultants, as of this date we still have not received any answers to his letters. 11. On July 27, 1993, Mr William G. Hawkins sent a letter in which he said we would have to pay the storm water trunk charges and enter into a development contract (see exhibit 10) Included with Mr. Hawkins letter was a TKDA letter dated July 26, 1993. G~h;b;~ .,a I ~. Mayor Members of city Council Mr. James Schrantz City of Andover 1600 Crosstown Blvd. Andover, MN 55304 Dear Sirs, On May 6, 1991, we signed a purchase agreement with the Gaughan Companies to purchase approximately 60 acres of land next to a parcel of land being platted as Creekview Crossings. We immediately raised a question and objections with the Gaughan Companies regarding some of the activities and grading that were taking place within the proposed plat of Creekview Crossings. The grading problem on Xeon was so apparent that it did not take long to realize that a major problem existed. The Gaughan Companies on or about May 6, 1991 raised the grading issue with the City of Andover. So the problem has been known about for some time. In attempting to resolve the grading issue a significant number of other problems have come to the surface. We will try to discuss the major problems as we know them tOday"however, we have not had a chance to completely review the process dealing with the plat, nor have we had time to do some of the engineering calculations requested of us. KNOWN FACTS The fOllowing documents relate to the property known as Creekview Crossings. PRILIMINARY PLAT OF OLD COLONY ESTATES which contained most of the present Creekview Crossings was approved by: P & Z on May 19, 1988 City Council on June 7, 1988 No revisions to that document have been approved by the P & Z or City Council since that date. EROSION, CONTROL, UTILITY AND GRADING PLAN Was approved by: P & Z on May 19, 1988 City Council on June 7, 1988 No revisions have been approved by the P&Z or city Council since that date. Note: An erosion control and grading plan which is substantially different from the one approved by the City was submitted to the Coon Creek Watershed board in late March or early April. The plan is dated March 25, 1991. Also, the city of Andover did receive another version of the grading plan, which was dated June 3, 1991. The above three plans, .which are all different, were signed by the same engineer. FEASIBILITY REPORT FOR CREEKVIEW CROSSING City Project 91-2 was prepared by TKDA and dated April 2, 1991. MAJOR PROBLEMS The following are the major problems that we have found to date. 1. Existing grades in the plat of Creekview Crossings are much higher than approved. 2. storm Sewer Design - Storm sewer on North part of Xeon which was included in the Feasibility report was removed in the final design. - No outlets exists for the natural drainage from the land we purchased. Catch basins and pipe on 141st Lane and Xeon which were included in the Feasibility report, were not in the final design 3. Lots (4) were developed without the required platting and zoning regulations being followed. This has eliminated our ability to comment on the effects of the plat. We were not given the required public hearing on these lots. 4. Negative effect of the park entrance being moved next to our property. 5. Little, if any, sanitary sewer capacity has been provided for the adjacent property North and East of Creekview Crossing even though an additional 12-13' of capacity existed. We raise these issues not to cause a problem for the developers of creekview Crossings but because we believe quite strongly that if the problems are not resolved they will have a material effect on our ability to develop the adjacent property, as our future development costs are going to be much higher than they would have been had the plat of Creekview Crossing been developed as approved. EXISTING GRADES IN THE PLAT OF CREEKVIEW CROSSINGS On June 7, 1988 the Andover City Council approved an Erosion Control, utility and Grading Plan for Old Colony Estates. This plan included most but not all of the plat now known as Creekview Crossings. It didn't include Lots 13, 14, 15 in Block 6 and Lot 1, Block 9. These lots were part of the larger parcel known as Outlot B. In reviewing a document called Final Grading Plan of Creekview Crossings dated June 3, 1991, we found that the Final Grading Plan is substantially different that the approved Grading Plan. In many cases it appears that the plat has been graded to 2' higher than the approved plan and in some cases especially in the South East part of the plat it appears that the final grades are between 3' to 5' higher than the approved plan. These increases in elevations have a drastic effect on the land we purchased, as we would have to match these grades when we develop. We would have to pay for the cost of moving dirt and compacting, etc, which would be very substantial. It is our opinion that the grades approved by the City Council should be required as these are the grades that appear to work best overall, were reviewed in detail by the P &Z, City Council, staff and property owners. I would like to point out that at this time (June, 1988) the property was all owned by one person, and that they have not given any permission or approved to alter the grades they had approved. In fact, they have objected to the higher grades. In regard to the part, of the plat of Creekview Crossings that has never been reviewed or approved by the P & Z or where a public hearing has never been held, we believe the City Council should require a public hearing such that we be given an opportunity to have some input into park entrance location, what the street grades should be, etc., as this area can have a major effect on our property. STORM SEWER DESIGN We have a number of problems, they are: Xeon st. (North part) In the grading plan approved by the city council on June 7, 1988, and also in the TKDA Feasibility Report of April 2, 1991, a natural low point existed between lots 11 and 12 in block 1, and catch basins and pipe was proposed to drain the area. Our natural drainage in to the low point. Somehow in the final plans this was eliminated and moved to Andover Blvd. We believe the natural drainage went to the low point and that the catch basin and pipe should be returned to where it was proposed to be. MAJOR LOW POINT ON XEON BETWEEN l43RD LANE AND 142ND LANE In the grading of Creekview Crossings, a natural low area was filled in and Xeon was graded such that the street has become a dam. The natural flow of water has been interrupted and the low area where it would have gone has been eliminated so now we have the beginnings of a swamp on our land. We cannot sit by and allow the natural flow of water to be artificially interrupted by the plat of creekview Crossings. If this problem is not fixed we will have a major problem on our hands. STORM SEWER ON 141ST LANE In the TKDA Feasibility report of April 2, 1991, a set of catch basins and pipe was proposed for the intersection of 141st Lane and Xeon. Somehow, this portion of storm sewer was eliminated in the final design. The effect of this elimination was to drain approximately 700' of developed lots and streets directly into our land. No drainage or any other rights have been granted by anyone to the developers of Creekview crossings or the city to drain this water on the land we have purchased. ' This amount of water would be very substantial and will cause us a great deal of expense in the future. It would also create a large erosion problem for us to handle. We strongly believe that this storm sewer must be put back into the project. It should be handled as detailed in the feasibility report. LOTS (4) WERE DEVELOPED WITHOUT THE REQUIRED PLATTING AND ZONING REGULATIONS BEING FOLLOWED We are deeply amazed and astonished that the city of Andover apparently has allowed the developer of Creekview Crossing the ability to develop 4 lots without having to go through the normal platting and zoning process, public hearing and approval process that the city of Andover and State laws require. If you will look at the approved Priliminary Plat of Old Colony Estates date June 7, 1988, you will find most of the lots of Creekview Crossings being approved except that plat included a parcel of land called Outlot B. Somehow, without the normal P & Z process, public hearing, or approval process, outlot B has been converted into: - 4 city lots as follows - Lots 13,14, and 15, Block 6 and Lot 1, Block 9. - Two (2) new streets have been created - 14lst Xeon 142nd Xeon Lane East of and Ave East of - An entrance to the park was created How can this be? The City of Andover Ordinances, CLEARLY required this outlot to go through the normal platting process if it was to be anything except an outlot. The effect of allowing the above was to eliminate our ability to give comments at a public hearing that would have been required to be held. In other words we have not been given the normal due process that the state Law and City of Andover Ordinances require. PARK ENTRANCE In allowing outlot A to be subdivided into 4 lots, streets and a park entrance without having to get through the platting process, the City allowed the. developers to move the park entrance from where it was on the sketch plan. We are especially concerned about this change since'it moves the entrance next to our property. This will have a devaluing effect on our property as a lot of people will not buy property where the potential for people to get behind or on the side of their home exists. Had the public hearing been held, we would have most certainly raised this issue as we feel quite strongly about it. We would ask that the City Council developer to move this entrance to where and file a replat on the property.. consider requesting the it was in the sketch plan, SANITARY SEWER LINE Almost no capacity has been provided for any property either North or East of Creekview Crossings even though an additional 12 - 13 feet of capacity exists. It would seem that some detailed cost analysis should be done to determine the least cost method of serving these areas. This has been the policy in the past. SUMMARY In reviewing the process for this plat we are having great difficulty in understanding what went on: 1. How can lots be platted, streets developed and park access be created without the normal platting process being used. 2. How can a developer grade a plat to substantially different elevations then what the plat was approved for, especially when the higher elevations have a material effect on the adjacent property. 3. How can an approved Grading, Utility and Erosion Plan be changed to cause water to be backed up on adjacent property. 4. How can a Feasibility Report contain the location and type of storm sewer and then it is eliminated in the final design? 5. How can one set of rules be used in one case and a completely different set be used in another? e.g. Compare what has been allowed to go on with the above plat and then look at what is being asked of us' on our little plat, that is on the agenda tonight. June 17, 1991 Sincerely, ~tv~, (h;~ d~/d Jerry Windschitl Carol Windschitl E.'t.hrbid--. -#.3 - - . - , . The Gaughan Companies Gaughan Land Incorporated. P. J. Gaughan. Inc.. Gaughan Management. Inc.. Gaughan Realty Northtown Business Center 299 Coon Rapids Blvd.. Suite 210. Coon Rapids. Minnesota 55433 . . J~ly i~, 1993 Mr. Jack MCKelvey Mayor City of Andover 1685 Crosstown Blvd. . Andover, MN 55304 Re: Trunk storm sewer changes for the Old Colony Estates, Creekview Crossings and Weybridge Additions. Dear Mr. McKelvey: When the Gaughan Companies and the City of Andover met about the Plat of Old Colony Estates various proposals were discussed. We platted part of the land as Old Colony Estates and sold the remaining land to two other developers who platted Creekview Crossings and the Weybridge Additions. > At that time, the Andover City Council held a number of meetings on various trunk storm sewer proposals and I had a number of meetings and negotiations with Mr. James Schrantz in which a final trunk storm sewer cost was agreed to for all of the land in the proposed Old Colony Plat, including the area known today as Creekview Crossing and the Weybridge Additions~ In negotiating the final trunk storm sewer changes for the entire Old Colony Plat, the Gaughan Companies agreed to: (1) Pay a certain amount of money as a trunk storm sewer charge. (2) Pay for part of the trunk storm sewer that was built within the Old Colony project. (3) Donate approximately 8 acres of land for~the regional storm water holding pond. The above costs were assessed to the Gaughan Company and the land was donated. Based upon the above agreement, it was my understanding that no further trunk storm sewer costs would be assessed against any of the Gaughan properties, including the area now known as Creekview crossings and the Weybridge Additions, as the combined value of the three items above exceeded the amount of money that was due - Lmd Development. ConsTruction. Properly:vlanagemem _ Eql~Z11 Opporrur.it~. E.'ilployer i612i 786,6320 r:,~X" ;86.9~?() ,/ ...- - ;-/ for trunk storm sewer charges~ I hope this will help clear up any confusion that may exist on th~s item. Sincerely, ( ~4(--J_._ Alan J. Hamel, President cc: file " t)(hibif.u. , ~ PROJECf NO. 88-8 / ANDOVER SPEClfJ- ASSESSIJENTS PROJECf NAivE GU::> Co O/J-' ESlA-'F~ DEVELOPER: r::;.,N..;Gl-V\kl l>E:JELOi>''''e.,..--r Expenses: Engineering: (Feasibil ity Report thru Const.) $ (Assess.Rolls, Record Drawings) $ Aerial Mapping (1% of street) $ :Drainage Plan (0.3% of street/storm)$ Adm ini strati on (3%) $ Assessing (1%) $ Bonding (0.5%) $ Legal $ Adverti si ng $ Other: $ Construction Interest ( ro.5" %) $ Fran 'O/Sf', to 10/6'1: Months~ 2. TOTN EXPFNSES C% of Final Contract Cost = ').l.a '1 1: :~~ ~:Cf AND STORPGE " I COSTS: l-evtu~ s,.O"UYl SEhlf:12.. ~. iST OF IMFROVE!1:NL14 + 5 + 6) , VE.FeeO!ED IN"., 1.SAW. SE..I2VICe. 7011CJ1E..t l<....r (~7,''''7.\I) Cty Share: (1)-1;> IZ,,"'v.; 510~'" S{NEI2 Cc,.,<'?VC'EO) ....",,88-8 ' ]~llL~'HLBL8S..S.ES,SED-!]-=Ull.. FEAS IB ILlTY SlUOY: Date..\.Nt- 7 Ie, f>p, roNTRACf ~(PRO: Date SC71. 0. 1<1 f'>R roNSlRIICf ION roST: . Fi nal Contract Cost' Other: Other: G) FINAl roNSTRlfCfION roST Condemnati on Cost~: Right-of-way Acqui sition Engineering Legal Administrative 3. TOTN CONDEI-NAT ION roSTS @) TOTAl PROJ ECf roST (1 + 2 + 3) Trunk Source and Storage: Waterma in: \ . Connection Charge Area Charge :'Lateral Charge Connection Charge Area Charge Lateral Charge I Sanitary Sewer: I 5. 6. (j) 8. (9J Amount $ 2. to \ .340 " Amount $ 2A8, R4 \.3 I $ '-33.8B6.22 '$ $ $ 133.8PJA.2Z 38.coo 1. 00 0 81_b AOe, 7011 Z 7,;,c, 1109 Zoo ZoO 10.1'\73 H b>,OT3.00 $ $ $ $ +$ -0- =$ 29iO,'12/,2.Z. $ $ $ $ $ $ o. 5'4 A<;"O- . @ $9g0~ ) @ $ ) @ $ '33'!2 ). @ $ 12\ ~ ) @ $ ) !! $ '33~ ) i" .~. 0\' '\.. ( <;"5 Units ( Acres (1.4"10 LF ( S5 Units ( Acr es ( /4C,O LF A'i 110 ~ 12 \P,7~ if .LA 1,0 ~ I b4 ,'172.5 0 --, So 4\0. I(? 5 =$ 498,>O<1.8A 18,36:2'-~s =$ Af30~. sC;: +$ +$ r -J> ~ " €xhibi+:H- 6 1111 Hakanson Anderson 1 Assoc.,lnc. 222 Monroe Street Anoka. Minnesota 55303 612/427-5860 Fax 6121427-3401 July 29, 1993 Honorable Mayor & City Council City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304-2612 Re: Drainage in Weybridge 3rd Addition Dear Council Members: As requested. by Mr. Jerry Windschitl, we have prepared a drainage map to explain the pre-development and approved drainage patterns in the plat of Weybridge Third Addition. The drainage map shows that drainage districts A, Band D in the plat were draining towards Andover Lake prior to development. The drainage areas were based on a drainage map prepared by John Oliver & Associates, Inc. on June 2, 1991. In addition, several meetings were held with your consultant TKDA and City Engineer, Mr. Jim Schrantz. They both agreed that the natural drainage was to west towards Andover Lake. At the time, the plat to the west, Creek View Crossing, was developed, storm sewer pipes were both lowered and increased in size to pick up the natural drainage from the Weybridge developments. Mr. Windschitl paid for the oversizing and extra depth at that time. There was no mention or discussions by either Mr. Davidson or Mr. James Schrantz that Mr. Windschitl would have to pay an additional trunk storm sewer assessment for the drainage to the west. The assessments for Weybridge and Weybridge Second Addition did not include the trunk storm sewer assessment nor did the feasibility study for the Weybridge Second and Third Additions. Had we known at the time the City was considering assessing Mr. Windschitl for a trunk storm sewer system, we would have disputed the assessment at that time since the natural drainage flowed in that direction. Engineers Landscape Architects Surveyors '. Page 2 July 29, 1993 As shown on the drainage map, there is a net area of 15.597 acres that flows towards Andover Lake based on the approved grading plan. A majority of that area was draining in that'direction prior to development. We hope this letter and drainage map will provide you with some insight regarding drainage in the area. Sincerely, HAKANSON ANDERSON ASSOCIATES, INC. ~~€~~ Peter R. Raat1kka, P.E. Vice President /mlc cc: Jerry windschitl Todd Haas, Assistant City Engineer File: 2054.07 C)!hi biT" 7 TKDA TOlTZ. KING. DUVAll. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS ,SOO MERlTORTOWER _ CEDAR STREET SAINT PAUl. MINNESOTASS'Ol-2140 PHONEoE'2t2D2~OO FAXoE'2I202.oo83 July 226, 1993 Mr. William Hawkins Andover City Attorney 299 Coon Rapids Boulevard North Suite 101 Coon Rapids, Minnesota 55433 Re: Weybridge 3rd Addition Utility and Street Improvements City Project 92-19 Andover,Mulnesota Commission No. 10258 Dear Mr. Hawkins: We received a FAX copy of a leller dated July 19, 1993 to Mayor Jack McKelvey from Alan Hamel (The Gaughan Company). It is our opinion after discussion with Mr. John Rodeberg, Project Engineer for the work in 1987- 1988, that Mr. Hamel misunderstood the agreements discussed at that time. The area ofWeybridge 3rd Addition was outside the MUSA boundary at that time. The 1987- 1988 MUSA boundary was as shown on the attached map until amended by minor amendment for Mr. Windschitl in 1992. The City has never assessed area outside the Urban Service Boundary. The area presently being platted as Weybridge 3rd Addition was to be served in a storm sewer in Andover boulevard and drain ea~t through the railroad'nght-of-way directly to Coon Creek. It was thus removed from the service district establisheci'in 1987 for the Bluebird Trunk system as shown in a supplemental feasibility report prepared at that tinle. Since that time and begiIming in 1991-1992 when Creekview Crossing was platted,lateral storm sewer was extended to the area being platted as Weybridge. These lateral costs were assessed :Uld paid by Gaughan through agreement between them and Mr. Windschitl. During 1993, a decision was made to proceed with a sepllrate project to complete the surface watcr management system by construction of the Xeon Street Trunk. , Mr. William Hawkins / July 22, 193 / Page Two Due to present platting patterns and the response to serve the area proposed to be Weybridge 3rd Addition, at the developer's request, the area was made tributary to the Regional Pond adjacent to Andover Boulevard. An overall hydraulic analysis was subsequently ordered by the Council to assure developers in the area that protection to the lOO-year event could be met. The Coon Creek Watershed District staff has been involved in the development plan. The area of Weybridge 3rd Addition was outside any previously assessed area. It was treated as a separate subwatershed area until, at the request of the developer Mr. Windschitl,lateral storm sewer connection was provided and the area was added to the MUSA boundary. Sincerely yours, ~~~ JLD:j Enclosures <. w o > a: w CJ) I 0 -....-. w h- . ~ I :::; . I ~ ;:c I CJ) <l: o II:! fJjii1il1.~: ~. o w z - 0 N ...J <l: a: I- CJ) :J o Z en :J o > w a: a. II ,. , r---'!"w," !... ro.: i .!..ff. : I:.c....j ~\uy ~. '\ . \'" o o o <II . ~". . o w CJ) o a. . , / -\. . , , -, >-...J I-...J -<! UJ: .. ' ml -C/) -w Z _!;: 0 ..."., ~..~ -~l~' ,--'.- ;':' ::>-w 'I"... 0: ::l:i~'" Z .!~,~..... ~ 0 I t:~~ "'" . ilt.~~ -.J <( . 0 w '0...<.0 ~Wf- g; ~l .11 g ~ -__~.. .~ _".: 0 w<( w<x: I w 0: w Wa: <(0: a: <( <( ~ 0... W II II I ~ '0 <x: 0 I () > L-a:-i5~ I, g; (f) . "l 00:1 o W r Z .5: ' <( W C/) :.,1C"~ ~;;;:' "j:-' .". .f.." f (.:) . : ... -:, ,.~.~. '.~ ~ ~ ~ "{ Q:: -...J .' ....,.'":. . ~ ~ ~W ,~~. '>1 " Z \\' ' <( CJ) :J :0 o (]) (]) ~ '-1 w J ~ I I- 3: * <l: .- o . , , I l ~ ~! , t jl ~ t 1 ~ 1 .. Ex h ; b; t :#. t? - FEASIBiliTY REPORT . , WEYBRIDGE CITY PROJECT 92-2 UTILITY AND STREET IMPROVEMENTS ANDOVER, MINNESOTA . FEBRUARY 4, 1992 COMM. NO.1 01 02 TKDA TOLTZ. KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 6121292-4400 FAX 612/292-0083 l All lots will be served by 1 inch copper services, with curb stops located at the property line. Fire hydrants will be installed throughout the development to provide adequate fire protection. Storm Sewer 3. I. Surface water within this plat will be controlled with storm sewers and on-site ponding. All storm sewer sizing and catch basin spacing is based on a 10-year design storm frequency. Ponding is based on a ,100-year design storm frequency. Emergency overflow outlets must be provided at all low areas to provide overflow protection of homes for storms more intense than that used for design of the storm sewer collection system. It is proposed to construct catch basins at all low points within the streets as well as low points along the back lot lines throughout the plat and direct runoff to the pond located in the backyards of Block 2, Coon Creek, and to existing storm sewers constructed within the Creekview Crossing Plat (See Storm Sewer Exhibit 3). All construction adjacent to wetlands must be approved or reviewed by the Corps of Engineers, the Department of Natural Resources and/or the Lower Rum River Watershed Management Organization. All permits related to total site grading are the responsibility of the developer. 4. Streets Streets are proposed to be constructed to Andover City Standards of 32-foot width (face to face of curb) and concrete curb and gutter. Two inches of bituminous wearing course will be placed over 4 inches of Class 5 gravel base. It is assumed that all street areas will be graded to within 0.2 feet of the designed subgrade elevation prior to utility and street construction. The road shall have a 6-inch crown with 0.5% minimum grade and 7% maximum grade. Grades within 30 feet of street intersections shall not exceed 3%. Boulevards are proposed to have a positive 2% grade from the back of curb to a distance of 8 feet behind the back of curb. Beyond 8 feet behind the back of curb, the maximum boulevard slope shall be 4:1. InItiation The project was initiated by petition of Ashford Development Corporation, Inc., the owner and developer of the project, and Andover City Council action. Feasibility The project is feasible. -3- 10102 - - , - I " I - , - ~. ~ , I 3., Phase 3 Estimated Construction Cost: Sanitary Sewer . Watennaln, - Stonn Sewer Streets and Restoration Total Estimated Construction Cost Contingencies Engineering Legal Fiscal Administration Total Estimated Project Cost - Phase 3 ~ City Share Watennaln (Included) ... estimated Assessable Cost ---------. -"--'-'-.-'-,..--.-.- - , $66,760.00 78,529.50. 28,981.00 60.062.50 $234,333.00 18,750.00 39,850.00 2,350.00 2,350.00 7.000.00 $304,633.00 $3,800.00 x 1.3 = $4,940.00 . . . The assessments are proposed to be based on a per unit cost for all lateral and trunk benefit. The assessable project cost includes the estimated project cost for sanitary sewer, watermain, storm sewer and street construction. Trunk sanitary sewer and watermain connection and area charges are proposed to be assessed under this project assuming the 1992 rates are the same as the 1991 rates established by the City of Andover: Trunk Sanitary Sewer Connection Charge Trunk Watennaln Connection Charge Trunk Sanitary Sewer Area Charge Trunk Watennaln Area Charge $244.43/Unlt $1,055.00/Unit $912.00/Acre $972.00/Acre Rate Calculation - Weybrldge - Phase 1 1. Sanitary Sewer Rate Lateral Benefit ($86,700.00) x 1.3 Lateral Sanitary Sewer Rate $112,710.00/45 Lots '" 2. Watermaln Rate Lateral Benefit ($50,705.00 x 1.3) Lateral Watennain Rate... $65,916.50/45 Lots -7- $112,710.00 $2,504.67/Unit $65,916.50 $1,464.81/Unit . ". ,.,; , ".' 10102 .. ...,,, -&ViS8S.1-.28-AP .-..... I ~ COON CREEK -- =---=- ~ -~- - / ~ (}J "" - ~ '-...... ~ Cr) l<J (}J (}J (}J ~ (}J ~ U1 l ~T - ) 141 LANE N (}J ~ (Xl - ~~ - -- N -- . ..., -, --r-- N 0 N (}J ~ m U1 , ~- m ..., N PH ASI . I"' CD U1 <D (Xl' - r-- ..., m U1 N 142N ~ ~ ) OJ ......1 A VENUE N - N . ~'--. N.W (}J -- -:... --.--. T N 'i.6 =' - N N (}J I ~ J U1 N ~ m ..., (Tl CD <D (Xl ..., X N m U1 m 0 ~ 0 142N) LANE (}J N :z 10.. L T - <D ---=- N.W. -,. ;) CD 0 r--- - CJ> - -I - N , ::0 OJ ~ - ... - Ul ..., (Tl <D - ,. . - m (Tl r n~ pc:- - ,. ..., -1-- - - ..., m m CD U1 ~ --- 143RD OJ N - A VENUE U1 N.W. (/) I ~ -1_ ~ I ::0 ", ", ..., m ~ :t> ><< -1_ (}J U1 (}J (}J ::: I - CD , Z - N U1 N - -I 'r , (Tl - ~ N ::0 - -. <D G) m - ::0 .. - (Tl - N (Tl 0 0 - Z ..., 0 \ -, , r <D N 0 CD _ <D I- CD N r ~ <D N 1.0 CD v CJ> ~CD -I ..., N ::0 N OJ (Tl 0 ..., -- (Tl -, , en -I m N rrt ..., N ~ - m z ()J ~- U1 N m N U1 N U1 ~ ~ Z N ~ OJ ~ - N OJ\~ N \ (}J 144TH LANE N.W. ~ (}J L'" _ , N N~ N (}J (}J N N - <D - 0 - _(Xl ANnOVE"R - BLVD NO. 16) . . "- -, (Tli) X::o CJ>O -Ii) o ZC/) G)m o C/) a~ ::00 :;:::0 :s: C/) m,C/) :Em m:E ::om ::0 m >< I OJ ~ Ii I , )> C 0 Z ~ 0 - - 0 C/) 0 lJ $: r S -t ::0 - < -0 ~ ~ $: 0 m 0 :0 -< :0 L . :D 0 m z :;: ,~ < )> m () 0 C/) s: ~ m z :D $: 0 - . m"Z c CD m --L :E Z C/) G> 0 I\) Z --L m m I ~ ~ m 0 :D Cf) I\) :D I\) 0 C/) m ~ ~ w -~' ,. ,; II: ~' q ,~ I I I~ :~ t .~ - , '~ , ,~ , , I ii' I II, I' E )' A t'b'- r~1 FEASIBILITY REPORT XEON STREET NW TRUNK STORM SEWER CITY PROJECT 93-9 ANDOVER, MINNESOTA MAY 18,1993 COMM. NO.1 0403 TKDA TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 1500 MERITOR TOWER 444 CEDAR STREET SAINT PAUL. MINNESOTA 55101-2140 PHONE:6121292-4400 FAX:6121292-o083 The estimated costs for Xeon Street NW Trunk Storm Sewer, Project 93-9, are as follows: Total Estimated Construction Cost (Storm Sewer and Restoration) Contingencies Engineering Legal Fiscal Administration $166,844.00 13,436.00 28,300.00 1,660.00 1,660.00 5.000.00 $216,900.00 Total Estimated Project Cost Assessments The City of Andover's Trunk Storm Sewer Area Rate is $0.04/Square Foot. or $1,742.40/Acre. Winslow Hills assessments to be levied are as follows: Winslow Hills 2nd Addition Winslow Hills 3rd Addition 31 Acres x $1 ,742.40/Acre = $54,014.40 31Acresx$1,742.40/Acre = $54,014.40 -3- 10403 Exhib;t-;tl Jf) LAw OffiCES OF Burke and Hawkins A Professional Limited Liability Co. JOHN M. BURKE LoUIS J. BARTSalER WilliAM G. HAWKINS Scorr J. LoRENTZ SUITE 10 1 299 CooN RAPIDs BLVD. CooN RAPIDs, MINNESaI'A 55433 PHONE (612) 784-2998 July 27, 1993 SENT BY FACSIMILE AND U.S. MAIL Mr. Stephen J. Nash Babcock Locher Neilson & Mannella 118 East Main Anoka, MN 55303 Re: Weybridge 3rd Addition Dear Mr. Nash: Enclosed please find correspondence that I have received from John Davidson;- City consulting engineer, in regard to your client, Gerald Windschitl's development of Weybridge 3rd Addition. Based upon the letter, it appears that the City has no evidence whatsoever that any agreement as outlined in the letter of Mr. Hamel was ever consummated. Furthermore, I spoke briefly with Mr. Hamel and I do not believe that his recollec- tion of the matter is as clear as the letter would indicate. Accordingly, it will remain the position of the City that Mr. Windschitl will have to pay for the storm sewer improvements that benefit his property and enter into the development contract prior to the City ordering installation of City installed improvements and approval of the final plat. Willliam G. Hawkins Andover City Attorney WGH:mk Ene. cc: Mr. Daryl Sulander