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HomeMy WebLinkAboutCC October 5, 1993 -" '~ /"(j}. ."."',.,,.. 1'\.." CITY of ANDOVER Regular City Council Meeting - October 5, 1993 Call to Order - 7:30 p.m. Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Amended Special Use Permit/Propane Tank/Total Mart 2. Special Use Permit/17395 Hanson Boulevard 3. Rezoning/Ashford Development/Sections 25 and 26 4. wittington Ridge preliminary Plat 5. Boulevard Encroachment Ordinance No. 95 6. Appeal to Ordinance 95/14971 Bluebird Street NW, Cant. 7. Appeal to Ordinance 95/1469 - 140th Lane NW, Cont. Staff, Committees, Commissions '~ -....J 8. City Hall Expansion Discussion Non-Discussion Items 9. Declare Cost/Order Assessment Roll/92-20/Woodland Creek 3rd 10. Adopt Assessment Roll/92-20/Woodland Creek 3rd 11. Declare cost/Order Assessment Roll/92-24/Andover Boulevard 12. Receive Assessment Roll/Order Hearing/92-24/Andover Blvd. 13. Declare cost/Order Assessment Roll/92-18/Jay Street 14. Receive Assessment Roll/Order Hearing/92-18/Jay street 15. Declare Cost/Order Asse~sment Roll/92-29/Echo woods 16. Declare cost/Order Assessment Rol1/89-18/Storm Sewer 17. Receive Assessment Roll/Order Hearing/89-18/Storm Sewer 18. Receive Assessment Roll/Order Hearing/92-30/1805 Andover 19. Receive Assessment Roll/Order Hearing/93-15/~atermain 20. Receive Assessment Roll/Order Hearing/93-19/Watermain 21. Accept Easement/Commercial Blvd/Kottke Bus 22. Award Bid/93-l1/Emercld Glen 23. Partial Release of woodland Pond plans & Specs Escrn., Mayor/Council Input Approval of Claims Adjournment .' " ----) /--~ CITY OF ANDOVER '----" REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA t-O, SECTION Approval of Minutes ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-O. Admin. BY: Approval of Minutes v. Volk ~.D' The City Council is requested to approve the following minutes: September 21, 1993 Regular Meeting ./- - \ '-- , MOTION BY: SECOND BY: '-- TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE october 5, 1993 Discussion Items Planning ~ David L. Carlberg City planner APPROVED FOR AGENDA AGENDA toO. SECTION ORIGINATING DEPARTMENT ITEM toO. BY: Amended Special Use Permit Propane storage Tank Total Mart/ Q Midwest 13725 Crosstown Drive NW /. REQUEST The City Council is asked to request of Total Mart dba Q 1,000 gallon propane tank. 13725 Crosstown Drive NW. review the Amended Special Midwest to install an above The property is located at Use Permit ground \ '- ) Planning & zoning Review The Planning and zoning Commission, at their August 24, 1993 meeting, tabled the item pending further review by Staff and because the applicant was not present to address questions of the Commission. The planning and zoning Commission, at their September 14, 1993 meeting, made the motion to recommend approval of the Amended Special Use Permit with conditions. The Commission was very concerned with the proposed location of the propane tank as reflected in the minutes from the September 14, 1993 meeting. The Commission recommended the location of the tank be moved south closer to Bunker Lake Boulevard to resolve traffic circulation and safety problems in the parking lot. The Commission directed the Planning Department and the Fire Marshal to review the new location for code compliance. The Commission also directed the applicant to contact the Anoka County Highway Department for their comments on the placement of the tank. Staff will make these comments available at the meeting. The Council should still consider and examine the safety of the tank located in close proximity to the intersection and may wish to reduce the size of the tank to 500 gallons. Attached is a proposed resolution for Council review and adoption based on the recommendation of the Planning and zoning Commission. \_) MOTION BY: TO: SECOND BY: " ,___J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUEST OF Q MIDWEST, INC. D.B.A. TOTAL MART TO INSTALL A 1,000 GALLON ABOVE GROUND STORAGE TANK FOR THE BULK STORAGE OF PROPANE ON THE PROPERTY LOCATED AT 13725 CROSSTOWN DRIVE NW (PIN 33-32-24-13- 0046), LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Q Midwest, Inc. d.b.a. Total Mart, has requested an Amended Special Use Permit to install a 1,000 gallon above ground storage tank for the bulk storage of propane on the property located at 13725 Crosstown Drive NW (PIN 33-32-24-13- 0046), legally described on Exhibit A. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 4.26; and " \ ,-) WHEREAS, a public hearing was held and there was no public opposition to 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 & zoning Commission and approves the request of Q Midwest d.b.a. Total Mart to install a 1,000 gallon above ground storage tank for the bulk storage of propane on the property located at 13725 Crosstown Drive NW, legally described on Exhibit A with the following conditions: 1. The applicant shall provide to the City, in writing, proof that the tank meets all State requirements and installation requirements. 2. The Amended Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 3. The Andover Fire Marshal inspect the tanks and their installation. 4. The Amended Special Use Permit will be subject to annual review and site inspection. Adopted by the City Council of the City of Andover on this 5th day of October, 1993 CITY OF ANDOVER \, '---.) J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk \ (~_/ ,. , , , . (~) ~) ~ EXHIBIT A That part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at a point on the South line of said South Half 1536 feet West of the Southeast Corner thereof, thence North at right angles to said South line 227.84 feet (said South line having an assumed bearing West), thence North 30 degrees 09 minutes East 109.99 feet to intersect with a line drawn North 59 degrees 51 minutes West from point "A" said point "a" being on a line drawn perpendicular to said South line from a point 1426 feet West of the Southeast Corner of said South Half (as measured along said South line) and 291.15 feet North of said South line (as measured along said perpendicular line), thence North 59 degrees 51 minutes West to a point on the center line of CSAH No. 18 (Crosstown Drive NW) said point being 302.97 feet from said point "A", thence South 30 degrees 37 minutes, 55 seconds West 515.22 feet to said line, thence East along said line to the point of beginning; Except that part thereof lying westerly of the existing centerline of CSAH No. 18; Except Roads; Subject to Easements of Record. "- (__J , "- <) "J 'h~'-~""''''''C''''',,_, { \ \.1.. ;' -~- .j '''':';~J:!~" CITY of ANDOVER Regular Planning and zoning Commission Meeting September 14, 1993 The Resularly Scheduled Andover Planning and zoning Commission meeting was called to order by Chairperson Bonnie Dehn at 7:30 p.m., Tuesday, september 14, 1993 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissione~s Present: Commissioners Absent: Also present: putnam, Jovanovich, Ape1, Peek, Squires Pease Dave Carlberg, City planner; Todd Haas, Assistant City Engineer; others At this time, Chairperson Dehn introduced Jerry putnam, a new member of the Commission. Approval of Minutes - August 24, 1993 Mr. Carlberg noted that in the discussion regarding the propane tank for Total Mart, the first paragraph should say "cars on the edge of the parking lot along Crosstown" so that it doesn't sound like cars' are parking on Crosstown Drive. MOTION by Apel, seconded by Jovanovich to approve the minutes of August 24, 1993 as amended. Motion carried unanimously. Public Hearin /Amended S ecial use Permit/pro ane Stora e Tank/ Q-M~ west/Tota Mart Mr. Carlberg explained that this item had been tabled at the August 24th meeting to allow staff to research several items. The first item was whether the propane tank would be allowed within a setback. Mr. Carlberg noted that the city does allow bulk storage tanks within the required building setback line. The tank is considered temporary and is not required to meet the building setback. Commissioner Squires stated that at the last meeting berming was discussed. He questioned whether berming would be allowed within the setback. Mr. Carlberg noted that it is allowed. hr further stated that the other item was the availability of the parking in the area. He reported that there appears to be a surplus of parking staffs on the northern part of the site. Staff does not recommend eliminating any of the parking spaces for the service station protion of the building. Relocating the tank to the northern part of the site is not advisable as it would not be visible from the register area of the store. He also noted that the parking stalls are 9'x18' and our current ordinance requires them to be 10'x18'. If they were to restripe the parking lot, the stalls would need to be 10'x18'. Staff at this time cannot recommend approval of the Amended Special use Permit. - , .' ) \ --' Regular Planning Commission Meeting September 14, 1993 - Minutes Page 2 (Amended Special Use Permit, Cont.) John Cross, Natroaas, asked if a smaller tank would Mr. Carlberg note that the size of the tank is not the problem is with the traffic flow. be better. the problem; Dorothy Ritz, 2365 Commerce Boulevard, Mound, Q-Midwest questioned whether the north portlon of the site just south of the entrance would be an acceptable location. She explained that at their other locations, only 5% of the propane business is RVs. Mr. Carlberg felt that the first site is better. Ms. Ritz noted that they have done tank exchanges in the past, which would eliminate the storage tank. However, tank exchanges are very expensive both for them and the consumer. The reason for the 1000 gallon tank is economics. They could, however, go with a 500 gallon tank. She noted that the only other area they looked at is the east side of the site. Mr. Carlberg stated that there are four parking stalls on the east side and he would not like to see them lose any parking spaces. Commissioner Ape1 felt that the major concern is safety 'and that has not been addressed to his satisfaction. At this time he could not recommend approval. . ~ ~) Commissioner Peek stated that the concern is use, but with the configuration of the site. Mart does, traffic problems will be created. Ms. Ritz explained that during their grand opening, they had an l8-wheeler parked where they propose to put this tank and it did not interfere with the pumps. not with the proposed No matter what Total Chairperson Dehn stated that her concern is the traffic on Cross- town and Bunker. At this time we're talking about the tank being 30' from Crosstown. She asked what the State requirements are for distance from a street. Mr. Carlberg noted that would be the jurisdiction of the Fire Marshal. A permit for the tank from the State is also required. John Cross explained that they have numerous sites in the State, one being in Royalton where the tank is in the right-of-way of Highway 10. They also put a 2000 gallon tank at the intersection of Highways 23 and 25 in Foley. They will do everything in their power to ensure that no one hits the tank. They have insurance to cover it in the event it is hit and their employees are trained in the operation of the tank and are also given a video for their use. ,~) Commissioner Jovanovich didn't feel comfortable with the tank being located in the corner of the site because of the traffic on Crosstown and Bunker. Chairperson Dehn asked if Staff would change their recommendation if the tank were moved to the southern portion of the site. Mr. Carlberg stated that he would like to see more drawings and have the Fire Marshal look at it also. ~-) Regular Planning Commission Meeting September 14, 1993 - Minutes Page 3 MOTION by Apel, seconded by Jovanovich to close the public hearing. Motion carried unanimmously. MOTION by Apel, seconded by Peek that the Andover,.Planning and zoning Commission recommend to the City Council approval of the Amended Special Use Permit recommended by Q-Midwest for the construction and placement of a propane tank for the purpose of dispensing propane for the following reasons: 1) we discussed very vociferously the health, safety and welfare aspects of it, especially the safety. It is my opinion that if we move it south closer to Bunker Lake on a site that shall be reviewed by the City Planning Department and City Fire Marshal to make sure that the site conforms with all the necessary setbacks we will have resolved the safety factor. There was a public hearing held; there was no opposition from the floor. Make note also that the staff was not in favor of the Special Use Permit as presented; however, with the change perhaps they will change their mind. The applicant will provide exact drawings to staff so that they can have the County look at the sight lines. Motion carried on a 4 yes (Dehn, Jovanovich) vote. October 5, 1993. (Peek, Apel, Squires, Putnam), 2 no This will go to the City Council on . , Bou Structure/17395 Hanson ~) Mr. Carlberg noted that this is a Special Use Permit for the construction of an accessory structure prior to the construction of a principal structure on the property at 17395 Hanson Boulevard NW. This is a 17 acre site and the applicants are proposing a 40'x60' pole building quite a distance from Hanson Boulevard. The lot is zoned R-1, single family rural. The building will be for storage purposes. The applicant has stated that they would build the principal structure within a 3 year period. Mr. Carlberg stated that he met with the Building Official on the time frame and he stated that a 3 year period is not a reasonable time period. A one year time period is more reasonable. The ones we have done have all had a one year time period. At this time Chairperson Dehn opened the public hearing. Commissioner Apel felt that we have a problem with the three year time period. He asked the applicant if he would go with a one year time period. The applicant asked if two years would be satisfactory. Commissioner Apel stated no, a one year time period is the maximum. . \ ~ ) _J Max Fenna asked how much of the principal structure had to be completed at the end of that one year. Mr. Carlberg noted that it does not need to be complete, it just needs to be started. Mr. Fenna stated that he could live with the one year period. Midwest, Inc. dba Total Mart. III "-- 2365 Commerce Blvd.' Mound, MN 55364' (612) 472-5921 September 18, 1993 Mr. Dave Carlberg City Planner City of Andover 1685 NW Crosstown Blvd. Andover, MN 55304 >>ECEIVEn SEP 20 1993 CITY OF No' I~OOVER Dear Mr. Carlberg, I wa3 pleased to have an opport~~ity to meet you last evening at the Planning and Zoning Commission meeting, and look forward to working with you on issues pertaining to our Total convenience store in Andover. As you have requested, enclosed is a revised plan indicating the new location for a propane tank as approved by the Planning Commission. In addition to the existing berm, it is proposed to place protective guard posts around the tank as indicated on the " drawing. The tank, as positioned, would be approximately 30 feet ,-) from the Crosstown Blvd. right-of-way, 12 feet from the brand sign, and 25 feet from the vent pipes. It is my understanding that the location is pending the approval of the local fire marshall to insure that local ordinances are being observed, as well as, yourself as it relates to the positioning of the tank relative to Crosstown Blvd. and Bunker Lake Road. The Commission also requested that a copy of the plan be forwarded to the County, which you stated that you would do. Mr. John Cross of Natrogas, Inc. and I will be happy to meet with you and/or the city officials at the proposed site at your con- venience to assist in the process. Please send (or FAX, 472-5991) a copy of any Planning Commission meetings and Council meetings to my attention that will be addressing this issue and we will have a representative present to answer any questions. ~J ThaniJou for your , \1 Sln,c; ,8 y, I ' \~ 'v~1 DOr~~y K.B. kitz, assistance. Senior Vice President cc: John Cross, Natrogas, Inc. 517 \, ,-) ,I ; I ~ ~ '-. t..1 , , \ '-) ~ ~. C1l "- il\.J I '~ C) . <n 'f Ct) ~ '~';;' I h- e) 'N. ~.~::t ~ ~~. C1l &~~ ~ ry'OC) ~... .. ~ I........ ~ : Oi '1-, " I '-_:! I, ~ , :-- )J ~ 'j. C\ " ~ , l:) '. :s :'i ~ f\I .. -..- -. '- "'---_. ~~ ~ 'X. (') ~ ~~ ~ "'" 'Q'~ o ~ 1-<;;'<>)' <>~.. "'.I- Q/,..ca Illw _ -\ - - C> ~ .. ..:.~ #0 ~_... -, . ~ :~~...:s''''.'-'' \J\ , 9? .~ --- '.,:.. V, II .:J I IG) I I I (j)~'1 e ~!" I ~ ~ ~ ';i /.j ~ I' I ". I, I '.' I ft. 'r' l, I 't .I" ',! " '\ " ~: o ,.. 'I f ..;:~ ~~~...... BSt) .'--. ... ,.. . - dlsood' - . , . I CO""'C'l"e,..p [j>un,p b, J v",.,( SI<(6 ""5',. J4."'kr O~"Pf' ..."" ""0- ," <9. ~..xc;. ~....? ...;..... V, 111 ~ ~ ~ .... f\I ~ ~ ...... -;~ ..,- ""0; 4 "SQ"~S~,.._v, ~~ ~~ ~~ '1'< Oc;.. ~cP"""f!I ~.,. ~ " " .A'o C) CITY OF ANDOVER REQUESTF.OR PLANNING COMMISSION ACTION September 14, 1993 DATE AGENDA ITEM 3. Public Hearing Amended SUP Propane Storage Tank Q Midwest - Total Mart ORIGINATING DEPARTMENT Planning .~ David L. carlber~ City Planner APPROVED FOR AGENDA BY: BY: REQUEST The Andover Planning and Zoning Commission tabled this item at the August 24, 1993 meeting pending further review by Staff. The request is for an Amended Special Use Permit to install an above ground storage tank for the bulk storage of liquid fuels (propane) on the property located at 13725 Crosstown Drive NW, PIN 33-32-24- 13-0046. The applicant is Q Midwest. STAFF FINDINGS ,-, The Commission asked Staff to address the following issues. 1. Is the propane tank allowed within a setback? The City does allow bulk storage tanks within the required building setback line. The tank is considered temporary and not required to meet the building setback. , 2. What is the availability of the parking in the area? This question was asked to determine whether a portion of the parking spaces could be eliminated and the tank relocated to a different location then being proposed. Staff in reviewing the parking lot and spaces, does not recommend the elimination of any spaces for the service station portion of the building. The video portion of the building does have a parking area to the north and a portion could be eliminated. However, this parking area would be utilized if an addition was added to the existing structure. Also, the tank location in this area would not be readily visible from the register area. GENERAL REVIEW '- Staff upon further review of the site is still very concerned with the traffic patterns of the parking lot with the tank being installed at the proposed location. Staff at this time must recommend to the Commission denial of the Amended Special Use Permit. Attached is a resolution for Commission review and approval. The Commission should bring to the meeting the packet materials from the August 24, 1993 meeting. ~-) , ~ , ~/ ~ CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. R A RESOLUTION DENYING THE AMENDED SPECIAL USE PERMIT REQUEST OF Q MIDWEST, INC. D.B.A. TOTAL MART TO INSTALL A 1,000 GALLON ABOVE GROUND STORAGE TANK FOR THE BULK STORAGE OF PROPANE ON THE PROPERTY LOCATED AT 13725 CROSSTOWN DRIVE NW (PIN 33-32-24-13- 0046), LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Q Midwest, Inc. d.b.a. Total Mart has requested an Amended Special Use Permit to install a 1,000 gallon above ground storage tank for the bulk storage of propane on the property located at 13725 Crosstown Drive NW (PIN 33-32-24-13- 0046), legally described on Exhibit A. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance 8, Section 5.03 and 4.26; and WHEREAS, the Planning and Zoning Commission finds if the the request were granted it would have an adverse effect on the health, safety and general welfare of the residents of Andover; and WHEREAS, The Planning and Zoning Commission finds the request would have a negative impact on the trafiic conditions and parking facilities; and WHEREAS, a public hearing was held and there was no public opposition to said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial 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 & Zoning Commission and denys the request of Q Midwest d.b.a. Total Mart to install a 1,000 gallon above ground storage tank for the bulk storage of propane on the property located at 13725 Crosstown Drive NW, legally described on Exhibit A. Adopted by the City Council of the City of Andover on this 5th day of October, 1993 CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victorla Volk, City Clerk ---- " - , ) '-_/ CITY of ANDOVER ZONING COMMISSION MEETING - AUGUST 24, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on August 24, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bev Jovanovich, Becky Pease, Randy Peek, Jay Squires None City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES August 10, 1993:, Correct as written~ , I J MOTION by Apel, Seconded by Peek, approval of the Minutes as presented. Motion carried unanimously. PUBLIC HEARING: AMENDED SPECIAL USE PERMIT, PROPANE TANK (BULK STORAGE OF LIQUID FUEL) - 13725 CROSSTOWN DRIVE NW (PIN 33-32-24-13-0046), Q MIDWEST, INC., dba TOTAL HART 7:31 p.m. Mr. Carlberg reviewed the Amended Special Use Permit requested by Q Midwest, Inc., dba Total Mart to install an above-ground storage tank for the bulk storage of liquid fuels (propane) at 13725 Crosstown Drive NW. Staff is concerned about the location and access to the tank. The tank would be located in a flat and open area; and because of the curve on Crosstown Boulevard, there is a potential for it to be hit by a vehicle. Also, when an RV would be filling at the propane tank, it would be difficult for other vehicles to get through to the gas islands because that area is so narrow. Mr. Carlberg had pictures of the area and stated in viewing the site this evening, there were quite a few cars parked along the~ of Crosstown Boulevard so nothing could get through the parking lo~~ gel-suggested the Commission also view the site as to the traffic flow through the parking lot. He proposed if it is allowed, that berming around the tank be required rather than concrete-filled posts to protect it from accidental contact from Crosstown Boulevard. <J In discussing the item, those Commissioners familiar with the business also expressed concerned that there isn't enough room for service from both the proposed tank and the gas islands. Mr. Carlberg stated he looked at other locations for the tank but could not find any because of the limited space. Commissioner Peek asked if the ordinances allow such a structure within the setback. Mr. Carlberg stated it would be about 30 feet from the road, but he will research that specific question. As proposed, he felt it is a safety threat and a traffic problem. " Regular Andover Planning and Zoning Commission ) Minutes - August 24, 1993 '- r' Page 2 ..0( (Public Hearing: Continued) Amended Special Use Permit, Propane~, Total Mart, .' Representatives from Q Midwest, Inc., were not in attendance; so the Commission preferred to table the item to address the safety concerns. The Commission also asked Staff to check on the availability of parking in the area. The public hearing was not opened. MOTION by Apel, .Seconded by Pease, to table this item until Staff gets a hold of the applicant and tells him the Commission's concerns. Motion carried unanimously. PUBLIC HEARING: SPECIAL USE PERMIT - AUTO REPAIR GARAGE IN AN I, INDUSTRIAL DISTRICT, 2134 BUNKER LAKE BOULEVARD NW - CLIFFORD MISTELSKE , , '-) 7:44 p.m. ,Mr. Carlberg reviewed the request by Clifford Mistelske for a Special Use Permit to operate a repair garage at 2134 Bunker Lake Boulevard NW. Mr. Mistelske has been operating the garage without the Permit, and Staff has been working with him to bring his business into conformance with the Zoning Ordinance. The building is set way in back of the lot, and he thought there is another structure in the back with some type of construction and office space. There is no residence on the parcel. Chairperson Dehn opened the hearing for public testimony. Clifford Mistelske - didn't realized he needed a permit when he started a year ago. He works by himself repairing vehicles, trying to keep a nice, quiet place. He's lived in Andover for 40 to 50 years and is just trying to help the community. He does general vehicle maintenance, mechanical, framing of cars, etc., getting them back to running again. He buys and sells vehicles, cars, trucks, motor homes, as he finds them and repairs them and does not advertise or solicit business from the public. Mr. Carlberg stated the biggest change will be having to meet the parking requirements with hard surfaced parking and curbs. Mr. Mistelske stated he didn't have many cars, probably not more than three at anyone time. He does not keep junk cars. If vehicles come in with parts he can use, he takes them apart and sends them back. The Commission felt the requested use is appropriate for this area. MOTION by Apel, Seconded by Jovanovich, to close the public hearing. Motion carried unanimously. :) MOTION by Squires, Seconded by Apel, that the Special Use Permit be approved with the first five of the six conditions listed in the Staff report. I don't think it is necessary, given the nature of the operation, to impose any hours of operation. Item 6, a public hearing was held and there was no opposition. Motion carried unanimously. This item will be on the September 21, 1993, City Council Agenda. 7:57 p.m. ~J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION August 24, 1993 AGENDA ITEM 3. Public Hearing Amended SUP Propane Storage Tank Q Midwest - Total Mart DATE ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA BY: David L. Carlberg City Planner BY: REQUEST The Andover Planning and Zoning Commission is asked to review the Amended Special Use Permit requested by Q Midwest, Inc. d.b.a. Total Mart to install an above ground storage tank for the bulk storage of liquid fuels (propane) on the property located at 13725 Crosstown Drive NW, PIN 33-32-24-13-0046. APPLICABLE ORDINANCES '- Ordinance No.8, Section 4.26, establishes the criteria for a Special Use Permit for all uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemicals and similar liquids. By requiring a Special Use Permit, the City has some assurance that fire, explosion or water or soil contamination hazards are not present that would be detrimental to the public health, safety and general welfare. Ordinance 8, Section 5.03 regulates the Amended Special Use Permit process, outlining conditions and procedures. GENERAL REVIEW The requested Amended Special Use Permit is for the installation of an above ground storage tank for propane. The proposed tank will have a 1,000 gallon capacity. The tank will be required to be installed per State guidelines. Staff is concerned with the placement of the tank near Crosstown Drive NW and the potential for it to be hit by an automobile. The installation of concrete filled posts should protect the tank from accidental contact, but the Commission should discuss the location of the tank and the safety concerns. " / Page Two Amended Special Use Permit - Q Midwest , Storage Tank (propane) ''-_) 13725 Crosstown Drive NW August 24, 1993 COMMISSION OPTION A. The Planning and Zoning Commission may recommend to the City Council approval of the Amended Special Use Permit requested by Q Midwest d.b.a. Total Mart to install a 1,000 gallon above ground propane tank on the property located at 13725 Crosstown Boulevard NW. The Commission finds the request meets the criteria established in Ordinance No.8, Section 4.26 and 5.03. B. The Planning and Zoning Commission may recommend to the City Council denial of the Amended Special Use Permit requested by Q Midwest d.b.a. Total Mart to install a 1,000 gallon above ground propane tank on the property located at 13725 Crosstown Boulevard NW. c. The Planning and Zoning Commission may table the item pending further information from Staff. RECOMMENDATION , \ ,__J Staff recommends approval of the Amended Special Use Permit requested by Q Midwest d.b.a. Total Mart to install a propane tank with the following conditions: 1. The applicant provide to the City, in writing, proof that the tank meets all State requirements and regulations. 2. The request be subject to a sunset clause as specified in Ordinance No.8, Section 5.03(D). 3. The Andover Fire Marshal review the tank and its placement. 4. The request be subject to annual review by City Staff. 5. Other conditions established by the Planning and Zoning Commission. Staff has attached a resolution for Commission review and approval. - " " ./ , , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF Q MIDWEST, INC. D.B.A. TOTAL MART TO INSTALL A 1,000 GALLON ABOVE GROUND STORAGE TANK FOR THE BULK STORAGE OF PROPANE ON THE PROPERTY LOCATED AT 13725 CROSSTOWN DRIVE NW (PIN 33-32-24-13- 0046), LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Q Midwest, Inc. d.b.a. Total Mart has requested an Amended Special Use Permit to install a 1,000 gallon above ground storage tank for the bulk storage of propane on the property located at 13725 Crosstown Drive NW (PIN 33-32-24-13- 0046), legally described on Exhibit A. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Section 5.03 and 4.26; and , ~-) WHEREAS, a public hearing was held and there was no opposition to 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 & Zoning Commission to allow for the installation of a 1,000 gallon above ground storage tank for the bulk storage of propane on the property located at 13725 Crosstown Drive NW, legally described on Exhibit A with the following conditions: 1. The applicant shall provide to the City, in writing, proof that the tank meets all State requirements and installation regulations. 2. The Amended Special Use Permit will be subject to a one (1) year sunset clause as defined in Ordinance No. 8, Section 5.03(D). 3. The Andover Fire Marshal inspect the tanks and their installation. 4. The Special Use Permit will be subject to annual review. Adopted by the City Council of the City of Andover on this 21st day of September, 1993 CITY OF ANDOVER . , ~J ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk :~) \ I ,-/ , " \..J EXHIBIT A That part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at a point on the South line of said South Half 1536 feet West of the Southeast Corner thereof, thence North at right angles to said South line 227.84 feet (said South line having an assumed bearing West), thence North 30 degrees 09 minutes East 109.99 feet to intersect with a line drawn North 59 degrees 51 minutes West from point "A" said point "a" being on a line drawn perpendicular to said South line from a point 1426 feet West of the Southeast Corner of said South Half (as measured along said South line) and 291.15 feet North of said South line (as measured along said perpendicular line), thence North 59 degrees 51 minutes West to a point on the center line of CSAH No. 18 (Crosstown Drive NW) said point being 302.97 feet from said point "An, thence South 30 degrees 37 minutes, 55 seconds West 515.22 feet tQ said line, thence East along said line to the point of beginning; Except that part thereof lying westerly of the existing centerline of CSAH No. 18; Except Roads; Subject to Easements of Record. -"."":: ,J,p ',.: ',' ~:J:,/::::; . 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J). -? 3 AUG-09-1993 14:12 FROM CITY OF ANDOUER JUL-29-1993 11:56 FROM CITY OF ANDOUER TO TO 4725991 P.03 47259'='l1 ..., ~~ " "- ,I , ~/SPECIAL USE PERMIT PAGE 2 Tha following information shall be submitt~d prior to r~view by the City of Andover: ~ 1. A ;caled drawin9 of the property and stru~tures affected ~howing~ seale and north arrow; dimensions of the property a~d structures; front, side and rear yard buildinq s9tbac~s, adjaoent streets, and locath~n~n~use of existing structures within 100 fQ~t. ~ ~~ The namQ~ and addresses of ada)l rop rty owners within 350 faet of the subject property. ~ 2. Application rees: CO!ll%llQrcial , :aeddent:.i.al A1I1ended SUP R.eording F.. $190.00 $CitiPs 0 . $ .00 $ 20. l)llt. Paid S!t3/q3 I I Raeeipt t 41&8Z- ,/ -'Rev. S~06-93:d'A '--'Ru. 179-91 (11-05-91) i . ~. . CRXTERIA FOR GRANTING SPECIAL USB PEaKlTS !n granting a Special Use Permit, the City Council shall conside: the advice and r.commendation of the Planninq and Zon1nq Commission and: 1. The ef!ec~ of the proposed use upon the health, safety, morals and general welfare o! occupants of surroundinq lands. 2. Existing and an~ieipated traffic conditions including parkinq facilitios on adjacent .treets and lands. 3. The effect on values of property and scenic viewG in the surrounding area. 4. The effect of the propoRed use on the Comprehenaive Plan. - , \ '--..J TOTAL P,D3 '_/ CITY OF ANDOVER REQUEST FOR COUNCIL ACflON DATE October 5, 1993 AGENDA f\O. SECTION Discussion Items ORIGINATING DEPARTMENT Planning ~ APPROVED FOR AGENDA ITEM f\O. Special Use Permit Accessory Structure 17395 Hanson Blvd. NW Dirk Fenna David L. Carlberg, City Planner BY: .:1. REQUEST '-) The Planning and Zoning Commission at its regular meeting on September 14, 1993, reviewed the request for a Special Use Permit by Dirk Fenna to construct a 40' x 60' accessory structure (pole building) prior to the construction of a principal structure on the property located at 17395 Hanson Boulevard NW. The property is 17+ acres in size and is zoned R-1, Single Family Rural. Please consult the attached staff report dated September 14, 1993 and the minutes from the Planning and Zoning Commission meeting for further information. RECOMMENDATION The Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit request with conditions. A resolution is attached for Council approval. \ </ MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA - , .~) RES. NO. A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF DIRK FENNA TO CONSTRUCT A 40' x 60' ACCESSORY STRUCTURE (POLE BUILDING) PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 17395 HANSON BOULEVARD NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Dirk Fenna has requested a Special Use Permit to construct a 40' X 60' accessory structure (pole building) prior to the construction of a pril.cipal structure on the property legally described on Exhibit A; and WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Section 5.03, including: 1) the use will not be detrimental to the health, safety, morals, or general welfare of the community; 2) the use will not depreciate the surrounding property; 3) the use will not cause serious traffic congestion or hazards; 4) the use is in harmony with the comprehensive plan; and WHEREAS, The Commission finds the use meets the criteria of Ordinance No.8, Section 4.05, Accessory Structures; and WHEREAS, a public hearing was held before the Planning and Zoning Commission on the request and there was no public ~_) opposition; 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 & zoning Commission and approves the request of Dirk Fenna to construct a 40' x 60' accessory structure (pole building) prior to the construction of a principal structure on said property with the following conditions: 1. The applicant place tre structure in accordance with the minimum setback requirements of the designated zoning district. 2. The applicant place the structure so as to accommodate the future placement and construction of a principal structure. 3. The principal structure be constructed within a one year period of the approval of the Special Use Permit by the City Council. ~) 4. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Adopted by the City Council of the City of Andover on this 5th day of October, 1993. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST: Victoria Volk, City Clerk f .. I _ I . . j , . -/ , 1 .. EXHIBIT A That part of the west 560.00 feet of the Southwest Quarter of Section 2, Township 32, Range 24, Anoka County, Minnesota, as measured along the north line thereof, lying southerly of the north 578.00 feet thereof, as measured along the west line thereof, lying easterly of the west 66.00 feet thereof, as measured at right angles to the west line thereof and lying northerly of the following described line: Commencing at the southwest corner of the East Half of said Southwest Quarter; then North 0 degrees 00 minutes 25 seconds West, assumed beaz;ing, along the west line of said East Half of the Southwest Quarter, a distance of 901.97 feet to the point of beginning of the line to be described; thence South 86 degrees 09 mintues 19 se~onds West, a distance of 639.49 feet; thence southwesterly a distance of 397.44 feet along a curve not tangent to the last described line, said curve being concave to the northwest, having a radius of 437.06 feet, a central angle of 52 degrees 06 minutes 06 second and the chord of said curve bears South 28 degrees 29 minutes 14 seconds West; thence South 54 degrees 32 minutes 17 seconds West, tangent to said curve, a distance of 64.42 feet; thence southwesterly along a tangential ~~rve, concave to the northwest, having a radius of 256.04 feet and a central angle of 51 degrees 50 minutes 48 seconds, a dist~~ce of 231.69 feet; thence westerly along a reverse ~~rve, concave to tte \ south, having a radius 'of 466.02 feet, a central angle of 16 ,~_) degrees 58 minutes 17 seconds, a distance of 138.04 feet; thence South 89 degrees 24 minutes 48 seconds west, tangent to said curve, a distance of 16.38 feet to the east line of the west 66.00 feet of said Southwest Quarter, as measu:,ed at right angles to tte west ~ine thereof, and said ~ine there terminating. I") ! Subject to the right-of-way of County State Aid Highway No. 78 per ANOKA COUNTY HIGHWAY RIGHT-OF-WAY NO. 23, according to the recorded plat thereof, Anoka County, Minnesota. Subject to other valid easements, if any. -- .,.......-- '-.----.-.. _._~c"~'~. -_.-'':;-~:7. .-'~=:-. -',~,: , , ) Regular Planning Commission Meeting September 14, 1993 - Minutes Page 4 Ma'erle, 17582 Hanson Boulevard was concerned that the pole lng woul not become an eyesore. He noted that they have put up a fence and are painting it right now so they are taking measures to keep the property looking nice and he hopes they keep it that way. MOTION by Peek, seconded by Apel to close the public hearing. Motion carried. MOTION by Squires, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of a Special Use Permit requested by Dirk Fenna for the construction of an accessory structure prior to the construction of a principal structure on the property located at 17395 Hanson Boulevard NW. A public hearing was held and there was no opposition. The Commission finds that the request meets the criteria established in Ordinance No.8, Section 5.03, including: 1) the use will not be detrimental to the health, safety, morals, or general welfare of the community; 2) the use will not depreciate the surrounding property; 3) the use will not cause serious traffic congestion or hazards; 4) 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. - -. ~I Approval of the request is contingent upon the following conditions: 1) the applicant place the structure in accordance with the minimum setback requirements of the designated zoning district; 2) the applicant place the structure so as to accommodate the future placement and construction of a principal building; 3) the principal structure be constructed within a one year period of the approval of the Special Use Permit by the City Council; 4) the Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Motion carried on a 5 yes (Jovanovich, Squires, Dehn, Apel, Putnam), 1 no (Peek) vote. This will go to the City Council on October 5, 1993. Public Hearing/Preliminary Plat/Wittington Ridge/Ashford Development Corporation \ ~) Todd Haas, Assistant City Engineer reviewed the request noting that the property is located at l55th and Nightingale Street which is zoned R-1, which would allow for this proposed development, consisting of 21 single family lots. The Andover Review Committee remarks are as follows: The proposed plat is currently not within the Metropolitan Urban Service Area; however, a portion of the proposed plat could be served with gravity sanitary sewer. The developer will be responsible to obtain all necessary permits, including the DNR, LGU, MPCA, etc. The Andover Review Committee is concerned with the two proposed locations of the proposed streets. The developer is proposing to extend the road to the west end of the property line. The Review Committee is concerned with the length of the street as it is over ~ 'J Regular Planning Commission Meeting September 14, 1993 - Minutes Page 3 MOTION by Apel, seconded by Jovanovich to close the public hearing. Motion carried unanimmously. " MOTION by Apel, seconded by Peek that the Andover.'Planning and Zoning Commission recommend to the City Council approval of the Amended Special Use Permit recommended by Q-Midwest for the construction and placement of a propane tank for the purpose of dispensing propane for the following reasons: 1) we discussed very vociferously the health, safety and welfare aspects of it, especially the safety. It is my opinion that if we move it south closer to Bunker Lake on a site that shall be reviewed by the City Planning Department and City Fire Marshal to make sure that the site conforms with all the necessary setbacks we will have resolved the safety factor. There was a public hearing held; there was no opposition from the floor. Make note also that the staff was not in favor of the Special Use Permit as presented; however, with the change perhaps they will change their mind. The applicant will provide exact drawings to staff so that they can have the County look at the sight lines. Motion carried on a 4 yes (Dehn, Jovanovich) vote. October 5, 1993. (Peek, Apel, Squires, Putnam), 2 no This will go to the City Council on ) ~) Public Hearin /Soecial Use Permit/Accessor Structure/17395 Hanson Bou evard NW/Dirk Fenna Mr. Carlberg noted that this is a Special Use Permit for the construction of an accessory structure prior to the construction of a principal structure on the property at 17395 Hanson Boulevard NW. This is a 17 acre site and the applicants are proposing a 40'x60' pole building quite a distance from Hanson Boulevard. The lot is zoned R-1, single family rural. The building will be for storage purposes. The applicant has stated that they would build the principal structure within a 3 year period. Mr. Carlberg stated that he met with the Building Official on the time frame and he stated that a 3 year period is not a reasonable time period. A one year time period is more reasonable. The ones we have done have all had a one year time period. At this time Chairperson Dehn opened the public hearing. Commissioner Apel felt that we have a problem with the three year time period. He asked the applicant if he would go with a one year time period. The applicant asked if two years would be satisfactory. Commissioner Apel stated no, a one year time period is the maximum. Max Fenna asked how much of the principal structure had to be completed at the end of that one year. Mr. Carlberg noted that it \ does not need to be complete, it just needs to be started. ) ~ , Mr. Fenna stated that he could live with the one year period. ~J CITY OF ANDOVER REQUESTF,OR PLANNING COMMISSION ACTION DATE September 14, 1993 AGENDA ITEM 4. Public Hearing Special Use Permit Accessory Structure 17395 Hanson Blvd. NW ORIGINATING DEPARTMENT APPROVED FOR AGENDA Plannin~ David L. Carlberg ~ BY: City planner BY: REQUEST - The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by Dirk Fenna to construct a 40' x 60' accessory structure (pole building) prior to the construction of a principal structure on the property located at 17395 Hanson Boulevard NW, legally described on Exhibit A. The lot to be constructed upon is zoned R-1, 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 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. \ \- /' Page Two , SUP - Accessory structure \ j 17395 Hanson Boulevard NW Dirk Fenna September 14, 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. The applicant is planning to construct the principal structure within three (3) years. COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit requested by Dirk Fenna to allow for the construction of an accessory building prior to the construction of a principal building on the prope~ty located at 17395 Hanson Boulevard NW, legally described on Exhibit A. The Commission finds the request meets the criteria established in r ~ 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 Dirk Fenna to allow for the construction of an accessory building prior to the construction of a principal building on the property located at 17395 Hanson Boulevard NW, legally described on Exhibit A. The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03 and 4.05. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. " If the Commission 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. ,-/J 2. The applicant place the structure so as to accommodate the future placement and construction of a principal building. 3. The principal structure be constructed within three (3) years of the approval of the Special Use Permit. f ,. ! I , . i , I \. ~) , i " / ,- i ';'-i;-;" l' . EXHIBIT A That part of the west 560.00 feet of the Southwest Quarter of Section 2, Township 32, Range 24, Anoka County, Minnesota, as measured along the north line thereof, lying southerly of the north 578.00 feet thereof, as measured along the west line thereof, lying easterly of the west 66.00 feet thereof, as measured at right angles to the west line thereof and lying northerly of the following described line: ... ,- " Commencing at the southwest corner of the East Half of said Southwest Quarter; then North 0 degrees 00 minutes 25 seconds West, assumed bea2;ing, along the west line of said East Half of the Southwest Quarter, a distance of 901.97 feet to the point of beginning of the line to be described; thence South 86 degrees 09 mintues 19 se~onds West, a distance of 639.49 feet; thence southwesterly a distance of 397.44 feet along a curve not tangent to the last described line, said curve being concave to the northwest, having a radius of 437.06 feet, a central angle of 52 degrees 06 minutes 06 second and the chord of said curve bears South 28 degrees 29 minutes 14 seconds west; thence South 54 degrees 32 minutes 17 seconds West, tangent to said curve, a distance of 64.42 feet; thence southwesterly along a tangential curve, concave to the northwest, having a radius of 256.04 feet and a central angle of 51 degrees 50 minutes 48 seconds, a distance of 231.69 feet; thence westerly along a reverse c~rve, concave to the south, having a radius 'of 466.02 f,eet, a central angle of 16 degrees 58 minutes 17 seconds, a distance of 138.04 feet; thence South 89 degrees 24 minutes 48 seconds West, tangent to said curve, a distance of 16.38 feet to the east line of the west 66.00 feet of said Southwest Quarter, as measured at right angles to the west line thereof, and said line there terminating. Subject to the ,ight-of-way of County State Aid Highway No. 78 per ANOKA COUNTY HIGHWAY RIGHT-OF-WAY NO. 23, according co che reco,ded plat thereof, Anoka County, Minnesota. Subject to other valid easements, if any. -v i If I; · I ,I ; :; : ~ -1 :! \. l .j( GROV'E, BIRDS . . . . :; . I a Z :; I i :; g :; i :I i - ~ ! ~ ! . . " . . . " - r . . :; . ~ . . . . . :; Ii , . :: . . " - . . " :; .. . = : ; 0 .. ! ~ i ~ ~ I ..: .. =:; - . . . 1I ~ =t i . .. ~ ANC~A co. . . . . " . ~ ~ . . . :; . . a .. . ~ " . . . w ! . % ;1 . o i . % " . . ~ ~ o ! i i ~ ! ~ .1 1-- I ' '~ I , I '\.---" I \.i-.J , v . . :; . . . . " . . . ; . . :: :; ~.u j : . . . . :; ~ . i ; ; ~ j J ~ . . . = . . :; :; . . ! I " ~ - ~ ~ . % :; ~ : i:I i " . 0 . ~ : . , . ~ u . if 1 I I' ;1: Ii " I, " ': 'I '- ) ') '--) ,.~) I?> III ~\ . '. _:: ;~--~ ! 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(612) 755-5100 ," ~SPECIAL USE PERMIT 17.]<1;, Property Address ~~d~~ ~\uA. 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 Oa~~"'3:l00o~ --------------------------------------------------------------------- Reason for Request .:JO ~,.~~ 40'X..~()~. p~~ b'i/~ t'">AJ Lb.u~..I+ JCI^-.J~ d..~ ~ HCI,.)VtAJ bJLJA. A 'pt)rJ~~ ._.jll -, b~ QLJ: \+ <....J,.....'-' .'AJ .3 0 ~~,..~ . '--) Section of Ordinance 4.os.J ~cJcurrent zoning 11-/ --------------------------------------------------------------------- Name of Applicant _O\~\<. ~Lln. Address \dI41. /40Tff l-10 N W Home Phone is'-lD~q1. Business Phone Signature --::V..l~.k ~~~J 1so-cnao Da te a-~O - q3 --------------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address --fome Phone '-) Signature Business Phone Date --------------------------------------------------------------------- ~ , SPECIAL USE PERMIT PAGE 2 ) The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the pr9perty and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures w~thin 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 $190.00 $. ~> (7o-co $~O . 00..) Date Paid ~lC! Z", \'\'tjteceipt * .!J14 ~ t.. \ Rev. 5-06-93:d'A Res. 179-91 (11-05-91) I '~I 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. \ \. ) -, DI- n" n;- D" 1> .=. D" D D'" D I-n" DI- "'" DI- :3:" DI- ;.=.o ." Z'-I 0.... ITI'-I e:- ZI- Z- ZI- e:- Z '-10- Z'-I :::0- Z'-I 0.... Z'-I '''':0.... OfJl ~Z OfJl OZ O~ OZ o "J oZ 0 '-IxZ 0'-1 DZ 0'-1 OZ 0'1 -:TI Z 00 ~ .. DO- ITI .. /'\ (.n ITI .. 0..0 ITl .. 0 "J O~ 0.. O~ z.. 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(612) 755-5100 CITY OF ANDOVER COUNTY OF ANORA 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, September 14, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Dirk Fenna to construct an accessory structure (40' x 60' pole building) prior to the construction of a principal structure as established in Ordinance No.8, Section 4.05, Accessory Buildings on the property located at 17395 Hanson Boulevard NW (generally located south of Ward Lake Drive). All written and verbal comments will be received at that time and location. ~ A copy of the application and location will be available at ~J Andover City Hall for review prior to said meeting. lLz.~ ~ Victorl,a Vo ,Cl ty Clerk Publication dates: September 3, 1993 September io, 1993 I , .~/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5. 1993 AGENDA SECTION NO Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO Rezoning - Crown pointe and Other - R-1 to R-4 Ashford Development Corp. Planning 12 BY: ..3. David L. Carlberg city Planner REQUEST The Andover City Council is asked to review the request of Ashford development Corporation, Inc. to rezone from R-1, Single Family Rural to R-4, Single Family Urban the property legally described on the attached resolution. APPLICABLE ORDINANCES ,~ ) Ordinance No.8, Section 5.02, establishes the procedure for changing zoning district boundaries. Ordinance No.8, Section 5.03 (B) establishes the criteria for granting a Special Use Permit. These same criteria shall be used for rezoning requests as well. RECOMMENDATION The Planning and Zoning Commission, at their September 14, 1993 meeting, made the motion to recommend to the City Council approval of the rezoning. The Council should consult the September 14, 1993 Planning and Zoning Commission meeting minutes included in the packet materials for details on the public hearing. Please note the lengthy discussion and concern by the area residents in regard to the environmental issues. Attached is a resolution for Council review and approval. MOTION BY: SECOND BY: \- ) TO: ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REZONING REQUEST OF ASHFORD DEVELOPMENT CORPORATION, INC. TO REZONE PROPERTY LOCATED IN SECTIONS 25 AND 26, LEGALLY DESCRIBED BELOW FROM R-1, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN. WHEREAS, Ashford Development Corporation, Inc. has requested a rezoning from R-1, Single Family Rural to R-4, Single Family Urban on the property legally described on the attached Exhibit A. WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03(B) and that there is no substantial negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands; there will be no negative effects on the values of property and scenic view in the surrounding area; and \ ~} WHEREAS, the Planring and zoning Commission finds that the request is in compliance with Ordinance No.8, Section 5.02; and WHEREAS, a public hearing was held and there was much sincere well spoken and well documented opposition to said rezoning especially in regard to management of the wetlands; and WHEREAS, the Planning and zoning Commission recommends the City Council approval of the rezoning 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 hereby approves the rezoning of the property legally described on Exhibit A from R-1, Single Family Rural to R-4, Single Family Urban. Adopted by the City Council of the City of Andover on this 5th day of October, 1993. CITY OF ANDOVER J. E. McKelvey. Mayor ATTEST Victoria Yolk, Clty Clerk , , ) , I ~~-~ 1 ,_I ~ EXHIBIT A LEGAL DESCRIPTION All that part of the Southeast Quarter of Section 26, Township 32, Range 24, lying Easterly of the Great Northern Railway Company right-of-way, Anoka County, Minnesota AND That part of the south 689.24 feet as measured along the west line thereof, of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, lying westerly of the centerline of Prairie Road as now laid out and traveled. Except that part described as follows: That part of the south 340.00 feet, as measured at right angles, of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, lying east of the west 855.56 feet, thereof, as measured at right angles, and lying westerly of the centerline of prairie Road as now laid out and traveled. ~) , , ) ~) Page 7 A public hearing was held. There was some opposition to the plat, largely regarding the ecological aspects of it. Discussion: to the city is provided Commission. Todd Haas noted that the Water Resources plan is new and we have to make sure that all of the information prior to the time th~ plat comes to the Planning Vote on Motion: 5 yes (Dehn, Peek, Squires, Putnam, Apel), 1 no (Jovanovich) vote. Motion carried. Commissioner Jovanovich stated that she voted no as she would like to see further ecological studies done on the property. Recess 10:20 - Reconvene 10:25. Public Hearing/Rezoning/Ashford Development Corporation Mr. Carlberg reviewed the rezoning request from R-1 to R-4, noting that a portion of the property is Crown Pointe. The property will be served by sanitary sewer and water. The Comprehensive plan shows this property to be in the 1990-1995 time period. If the Metropolitan Council denies our request to include this property in the Metropolitan Servige Area, then the property will have to be developed into 2.5 acre lots. An Environmental Assessment Worksheet is required on developments exceeding 250 unattached units; therefore, this plat would not require an EAW. The city has not required discretionary EAWs. At this time, Chairperson Dehn opened the public hearing. Jerr Windschitl, Ashford Develo ment Cor oration stated that the reasons or t e rezon1ng request are t at 1t 1S 1n conformance with the comprehensive Plan, it is consistent with the sewer plan and the property is bordered by R-4 zoning with sewer and water. Richard Fuller, 13948 prairie Road addressed staff's comments about EAWs. It's a great way to see to it that bodies like this never take a global view that you never study all of the environmental impacts that any given project might have. Mr. Fuller indicated that an EAW will never have to be done if the city continues to rezone and plat properties that are no more than 160 units at a time. He stated that this is a fine example of what is wrong with our planning; we allow it to be taken out a piece at a time and we never get around to looking at what the overall impact is going to be. Mark Menth, 14122 prairie Road stated that his first home in Andover was on Hanson and Andover Boulevards. At that time he was told it would be 8 to 10 years before development and they put in Old Colony Estates. When he purchased his present home he was told it would be 8 to 10 years before development or rezoning would take place. It is a year later and they are talking about rezoning. He felt that the city should re-evaluate the Comprehensive Plan as we are deteriorating the community by putting these developments in. He felt that the city should listen to the people who have lived here for a long time and not the people who are moving into areas like Old Colony because they can purchase cheap lots. Mr. Menth stated that he is opposed to the rezoning. ,~ ) ,- ,J '\ ,,-) Regular Planning Commission Meeting September 14, 1993 - Minutes Page 8 (Rezoning, Cont.) Dave carlberg took exception to the comments that the city doesn't plan. At the time Mr. Menth called him, 8-10 years before development was the truth. TKDA prepared a study for the city showing the properties that the Metropolitan Waste control Commission said can be served by sanitary sewer and the number of gallons per day we can generate and the we can cover. Mr. Carlberg took offense to the people saying that we don't plan, as that is his job and he feels we do a good job of it. Chairperson Dehn noted that the city has progressively tried to plan for population changes and it's very difficult for Dave to do his job to everyone's satisfaction. She also noted that the Commission is only an advisory board and the city Council makes the final decision. Those people here tonight are welcome to attend the City Council meeting to voice their opposition. Lynn Chaffee, 614 Andover Boulevard felt that the city is looking out more for people who are moving into Andover than those people who already live here. She was opposed to the fact that the parks are not improved so that the hundreds of children moving here have a place to play. Tom Chouinard, 14123 Prairie Road doesn't mind development as long as it's two and a half acre lots. He moved out here for the peace and quiet. He felt that everyone on the Commission, except for maybe Bev Jovanovich, is for development. He would like to see the EAW done and asked why the Planning Commission is afraid to rquest it. Mr. Chouinard further stated that they all have horses and farms and questioned where they are going to take their horses once this property is developed. The City is going to force them out because they won't be able to pay the assessments when sewer and water come in. Jerry windschitl noted that the parcel above his has requested sewer and water also and there is nothing he is doing to force sewer and water assessments on Mr. Chouinard or anyone else in the area. Carol Hofstad, 684 Andover Boulevard stated that her main concern is the d~tches and where the water will end up. Ed Gritton, 14157 prairie Road explained that he has horses and is concerned w~th the l~ab~lity if children from the new d~velopments get onto his property and get injured by one of his horses. He asked who the Planning Commission represents. Commissioner Apel noted that as a member of the Planning Commission all he can look at is if the applicant meets the ordinances. He stated that he worked on the Comprehensive plan and if he were to go back on this now, he would not be true to himself. Pat Schroeder, 720 Andover Boulevard asked if by allowing this to be rezoned now, w~ll the wetland legislation going into effect in January apply. Mr. Carlberg noted that the wetland legislation applies to plats, not rezonings. Ms. Schroeder asked that the Planning Commission deny the rezoning. 1'-) \ l'-) ~-) Regular Planning Commission Meeting September 14, 1993 - Minutes Page 9 Dave Grorud, 14545 palm Street N.W. asked why the Planning Commiss~on feels compelled to make a decision on this now without a preliminary plat. He felt that the railroad tracks would be a natural barrier between the R-l and R-4 districts. He also recommended that the rezoning be denied. Dave Erickson, 745 - 140th Lane N.W.-opposed to the rezoning. MOTION by Squires, seconded by Apel to close the public hearing. Motion carried unanimously. to keep The city is Commissioner Squires stated that it would be nice things the way they are but it is not reasonable. doing its best to grow in an orderly fashion. Commissioner Putnam noted that if we didn't care, we would not be here. Commissioner Jovanovich said that she would vote to keep this property R-1. Commissioner Peek stated that the driving force behind the Comprehensive Plan was not development only. The purpose of the Comprehensive Plan was to manage the growth in the most reasonable way possible. Chairperson Dehn noted that she will abstain from voting. She feels that the city should be planned in an organized manner. MOTION by Apel, seconded by Peek that the Andover Planning and zoning Commission recommend to the City Council approval of the rezoning request of Ashford Development Corporation, Inc. to rezone property located in Sections 25 and 26 from R-1, single family rural to R-4, single family urban. Whereas the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.03(B) and that there is no substantial negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands; there will be no negative effects on the values of property and scenic views in the surrounding area. The Planning and zoning Commission finds that the request is in compliance with Ordinance No.8, Section 5.02. A public hearing was held and there was much sincere well spoken and well documented opposition to said rezoning especially in regard to management of the wetlands. It would be advised, however, for the City Council and Planning and Zoning Commission to review their previous policies and perhaps in light of the new legislation in the past year 1992, i.e., Tree Ordinance and water control legislation, to take a harder look at what we're doing in our planning and rezoning. Motion carried on a 4 yes (Peek, Putnam, Apel, Squires), 1 no (Jovanovich), 1 abstain (Dehn) vote. This will go to the City Council on october 5, 1993. , '\ ,~) September 10, 1993 Minnesota Environmental Quality Board Centennial Office Building St. Paul, MN 55101 Dear Board: Enclosed for filing please find a citizen's petition requesting an Environmental Assessment Worksheet in connection with action proposed by the Ashford Development Company to the City of Andover.- Copies have been mailed to the Ashford Development Co., the City of Andover, and the Anoka County Soil and Water Conservation District. ': Sincerely, ,_/ ~. Richard . Fuller Mansfield & Tanick 1560 International Center 900 Second Ave. S. Minneapolis, MN 55402-3383 (612) 339-4295 cc: Ashford Development Co. Andover City Clerk Anoka County Soil & Water Conservation District '-) - \ '--) '\ ....__1 :_) ."'. ... - , . i.: P.EuuON FOR ENVIRONMENTAL ASSESSMENT WORKSHEET Pursuant to MINN. STAT. ~ 116D.04, and Minnesota Rules ~ 4410.100, the undersigned hereby petition the Environmental Quality Board of the State of Minnesota, the City of Andover, and the Anoka County Soil and Water Conservation District, to require the Ashford Development Company to prepare a an Environmental Assessment Worksheet with regard to the following project. A. DESCRIPTION OF PROJECT The Planning and Zoning Commission of the City of Andover will review the rezoning request of Ashford Development Corporation, Inc., to rezone property located in the Southwest Quarter of the Southwest Quarter of Section 25 and the Southeast Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota from R-l, Single Family Rural to R-4, Single Family Urban for the purpose of subdividing the property and constructing single family homes. The property is generally located south of Andover Boulevard and east of the Burlington Northern Railroad tracks, and west of Prairie Road. B. PROPOSER OF THE PROJECT C. Ashford Development Corporation, Inc. 3640 152nd Lane NW Andover, MN 55304 Tel: (612) 427-9217 REPRESENTATIVE OF PETITIONERS D. Paul and Linda Mazzei 935 Andover Blvd. NW Andover, MN 55304 Tel: (612) 'I?>'1-0i"/ ENVIRONMENTAL EFFECTS OF PROJECT .- .... The proposed project will result in high density urban development of a currently rural area, a significant portion of which occupies the formally designated flood plain of the Coon Creek Watershed in Anoka County. Such high density development will alter current drainage patterns in the watershed and flood plain. Rainwater runoff can be expected to adversely effect water quality in Coon Creek and the Mississippi River. The area proposed to be developed is located in the vicinity of Bunker Prairie Park, which contains the state's largest remaining stand of virgin buffalo grass prairie (an endangered plant life species) and associated wildlife. Increased traffic from high density urban development can be expected to increase air pollution, dust, and noise, adversely affecting wildlife in the immediate area as well_ as increasing traffic " '.' - \ '_j congestion and endangering pedestrian traffic in more removed areas and contribut- . ing to local air pollution. In witness whereof the following residents have hereunto set their signatures below. ~1/7J' .. , ~~-- Paul Mazzei 935 Andover Blvd. Andover, MN 55304 Dated: ~( ( ~ ~ . da Mazz~ ~ ~ -3/-9.3 935 Andover Blvd. Andover, MN 55304 \, ----I 13948 Prairie Rd. Andover, MN 55304 Dated: 'i) "ll \ " ""b pen~l~ 13948 Prairie Rd. Andover, MN 55304 Dated: 7lb/9J o::::JL1Ad t! d n / ///1../ ~-:9. -M. Vi~orj,a Fuller -L H2. _ r ';3 A. 1f"4~ U~ Dated, q-~-~ 9~ UJAflWfY'-' ::Ju. A/ E 19 D .41'$0 ;J j Dat d: 12900 Harper St. NE Blaine, MN q131 Uv\6tS.fert..^ ;\A.f;.-pk.- ~ rt) V<,MIIj S-55~ 7 /' - , , ) -~ 3'bO lyH"'- LQ....c:. I-Jt...::> A",Aovcr MIV 5S 30'1 JOc:/' C/hff?, 7'7;-' (?7']J!;. ,AI/f A/.w- ,4 ;1~ve..r- ~ n, 7530,/ . .'. I ',j Dated: ~-51-~ ~. p~~ 5E/-lN r: PJ/9ZZC/ ~d:~.Luv Jj 1'1'13 if&[~Rr. Jkcfv-/ Dated:~3j ICfG ,1)OA;,j{ (! ~ '7>ctVic; C2, oyud , ) ~/ D4t~ ~ 199-:;> . ~ ~~4J 'J)/c;;'e- /JJ. VI-err Z-fd' Dated: i 1! .J - Dated: ~B ~S Rqd~ 4mAtlM J. , lqltrV ~~ "_1-)_)~ ~SO/be:!J Dated: f I ~ ".(I <)Ian ~t1 J'.I&J 9-4-9- ~ Jar::J(j~ ,-J , 7~O N-W~ ~-G1BI<.)J. @/vL~-<A. /Vt;v' I 715'15 jJ~ p. y),0, /Jydcrv-e/v /4/sf./S,~,A/~ ~ /'15~O {g,t-oNI 5r N. /)/ - /tvl/DOlliC..e/ ptrl/, >~301 Il{S-L.jO fflLf11 5f. (lfW /huoover; mN. '-S-3tJf J4b5S Pal~ st Jh0 c:J V ~ VY\A 53> 3uj /4rSS- -PQlm $r-tid- ;JuJ 4rdOVUj m ttJ_ ) , ,_J \ J "-- / " ' . /'175"5" II/Vn ~ AlU/ II;VIJove((.( 11v1/. ~9o'f ~ i'Yl9J ~=--- 'it. N0 ~do-v-c 'f 0Af0 ~<-;,-:3 ol.J ~~ ~~ c:? f.j;i:~dlj - )tJ- J? / '5 P tUm 0U.).) It) , \...oi~ ~~\c..h tl nc/ p-z;..erJ ffllJ ..::J~ Dated: '1- '-\-q,> Dated: q-1- 93 . f'tu:;t 1i'~,b Che I Ifichards Dated: 930 J'-f 8i.h ;V u.J ~ Jnr,. ..5530,/ / ~ /'I~f-I.., La,....H. tJ,~_ q,- 4 ~ q 3 ;(;r& .w-d ~~j~ lJO- """IV, ~f"'3o / Lyle. LI./IJ 4"'f;Sr n ~ Dated: 9%-/ff7'A h/J~;j/W /!/Jdon:.r Jll;1/ 00c.?tJ'y ) .' . "-... . ..'.{ .. <I." " , ,--) 1t/7ot 5{ca.Mofe. 5+' AJ,l,0 . /Lf~;t) ~ :_) tee}; Sl:']7T -r ~.. ~O /Lf?-;-J, L/-f.;v.w, . "b-:" Dated~ii7~ )~~ jwf~ SVi"/JA/uove,e /:'kvz::,_A/.W. . '7t . ~u ~-mL/ Dated: 7'/Yr 1"3' ~ a~ bi'f JlNObVt/L&U/J AlJ y~CM-U , ~;: ~ ~ d &N d~~;JyJ) ~ ) ,,-------/ , ') '-~ , , i ---- STATE OF MINNESOTA COUNfY OF HENNEPIN ) )ss. ) Richard Fuller, of the City of Andover, County of Anoka, in the State of Minnesota, being duly sworn, says that on the 10th day of September, 1993, he served the annexed Petition for Environmental Assessment Worksheet on Ashford Development Co., City of Andover, and Anoka County Soil and Water Conservation District by mailing to them copies thereof, inclosed in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, addressed as follows: City Clerk Andover City Hall 1685 NW Crosstown Blvd. Andov~r, MN 55304 Anoka County Soil & Water Conservation District 11931 Central Ave. NE Blaine, MN 55434 Ashford Development 3640 152nd Lane NW Andover, MN 55304 PJ6f!d:;{A Subscribed and sworn to pefore me this /""....~ 1993, I~UbliC r~ MARCIA L MILLER ~.!! . NOTARY PUBLlC- MINNESOTA HENNEPIN COUNTY My CommIssion Exp, Aug, 2, 1994 ~) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION September L~; 1~93 AGENDA ITEM 6. Public Hearing - Rezoning - R-1 to R-4 - Crown pointe and Other DATE ORIGINATING DEPARTMENT Planning David L. Carlberg ~ City planner --t:2..- BY: APPROVED FOR AGENDA BY: REQUEST The Andover Planning and zoning Commission is asked to review the request of Ashford Development Corporation, Inc. to rezone property from R-1, Single Family Rural to R-4, Single Family Urban. The property is generally located south of Andover Boulevard NW, east of the Burlington Northern Railroad and west of prairie Road. The property is located in Sections 25 and 26. APPLICABLE ORDINANCES Ordinance No.8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). ) Ordinance No.8, Section 5.03(B), establishes the criteria for granting a Special Use Permit. These same criteria shall also be considered in the determination of granting a rezoning request. The criteria include: the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. If the Commission chooses to deny the rezoning request, it is imperative that the Commission indicate findings of fact in this and all rezoning cases. '- ) , ) '-' Page Two Rezoning - Crown pointe and other Ashford Development Corporation, Inc. September 14, 1993 COMMISSION OPTIONS A. The Andover Planning and zoning Commission may recommend approval of the rezoning requested by Ashford Development Corporation, Inc. to rezone property from R-1, Single Family Rural to R-4, Single Family Urban, legally described on the attached resolution. The Planning Commission finds that the proposal meets the criteria established in Ordinance No.8 Section 5.03(B). B. The Andover Planning and zoning Commission may recommend denial of the rezoning requested by Ashford Development Corporation, Inc. to rezone property from R-1, Single Family Rural to R-4, Single Family Urban, legally described on the attached resolution. The Planning Commission finds that the proposal does not meet the criteria established in Ordinance No.8 Section 5.03(B). C. The Andover Planning and Zoning Commission may table the item. / ') '_I ~) --~ ~ '!!-~ ~ lJ ~ :,,:~ ~'i:'/X~ : I ~I :::r o,J: EN~""; I' I I " " ':'/, I '- ..;- ~ ':t{)J<. 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III ""..a... .... ,." j ;~" .,.. eLt' f3 l;i~ \~ ~~~~t~ z " :_) August 7, 1993 Mayor Jack McKelvey Andover city Council Planning and Zoning Commission Dear Sir, In our absence this letter represents our negative response, as adjacent land owners, to the re-zoning of the parcel described in the attached letter. Described piece of property is and has been a flood plain. In the past ten years this area has always been extremely wet, and wet in drought years. The section of land south of the 100 year flood plain is much higher and may very well be one of the last remaining un turned pieces of Glacial prairie in the state of Minnesota and certainly in our City of Andover. It should be left untouched and in its natural state. , '1 ,_I In addition to our ecological concerns we are hoping our City government will take a long hard look at current development in our city. Our growth in population and increased taxes are of great concern to all and it may be time to slow down and take a look at why most of the people moved to this city of rural beauty and not to Egan or Plymouth where there are more people and houses than wild life and trees. Other concerns are, and should be, the safety of families living on top of the major gas line that runs through the proposed project. We also have to look at additional traffic problems on our already worn roadways, and if a bridge is built over Coon Creek for additional access, upkeep costs of this bridge will be the responsibility of the land owners, and not that of the developer. There are other points of concern that we have but at this time we are hoping Andover will not make a hasty decision before all concerns by surrounding residents have been taken into consideration. - '\ \....) Sincerely,_ ~~~ Pau' Maz~f/~L. Linda M8'Ze~4. ~dl~ q:35 Andover;/ A I'1ckwe'( I M n " " ) 'l"VJ'~S:"~'';;;:'''';"'~:'''~'' ,j ',\ >I , 'ff \ .fI. '..., o.t ~:; ~. :.J '\ .I.. ,j ~~~~":i~::i~6..? ' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 ',' REZONING REQUEST FORM property Address Se~ 4TtM~ d /-c.-.... 41 d. -' i2JCi-... /.,(~,.) 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 X or Torrens ? (This information must be provide~ can be obtained from the County.) PIN -------------------------------------------------------~------------- fO (l " '" h.. ~ /(') /l...., ~ i-" J ,- ,J /l..L 41,,-,coL' d~Jc- IN' J. L,...,.-/j /;-vtloU 4. . bC'",,~ J'4'....7 Reason for Request l(i r e. Z,',v ~ o \ ',~) ;()o <;'YUL.--7l.L a-4 ., /~c.. /' 0 t/^" /1~1 tlr / ~ !..uc.:.l ) Current zoning f!.1 Requested zoning ,ey --------------------------------------------------------------------- Address a (, '/(1 \Gv; /J;L""",d If/lvJJ,~1.. "I !-4.,./ c ~......... Name of Applicant Home Phone 1J/1/dc.vCY /~./ Business Phone Signature;:kAJ;;', ~-?';'?/ 't;;z7-o,/.]'S~ Date J-/(;/,/J --------------------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address ',-) Home Phone Business Phone Signature Date ________N_____________________________________________--------------- " \_) REZONING PAGE 2 4. . The following information shall be submitted prior to review by the City of Andover: " i 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 butlding 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. Recording Fee: Date paid 8/11/'13 Receipt # 179/5 Rev. 5-0S-93:d'A Res. 179-91 (11-05-91) , '\ '-J ~) 26 32 24 14 0001 Paul D & Linda L Mazzei 935 Andover Blvd NW Andover, MN 55304 2(J24140004 M W Ryan & A J Schumacher 14540 Palm st NW Andover, MN 55304 263224130002 Daniel J white 1049 Andover Blvd NW Andover, MN 55304 253224320002 P. L. Schroeder 720 Andover Blvd NW Andover, MN 55304 253224330001 A L Chapman & Lindberg 14212 prairie Rd NW Andover, MN 55304 2( '24420018 ASl1iord Dev. Corp. Inc. 3640 - 152nd Ln NW Andover, MN 55304 263224420020 Ashford Dev. Corp. Inc. 3640 - 152nd Ln NW Andove r , MN 55304 263224430002 Ashford Dev. Corp. Inc. 14279 Vale st NW Andover, MN 55304 263224430004 Ashford Dev. Corp. Inc. 3640 - 152nd Ln NW Andover, MN 55304 263224140002 Paul D & Linda L Mazzei 935 Andover Blvd NW Andover, MN 55304 233224340013 Winslow Holasek 1159 Andover Blvd NW Andover, MN 55304 263224420017 Ashford Dev. 3640 - 152nd Andover, MN Corp. Inc. Ln NW 55304 263224140003 Paul & Linda Mazzei 935 Andover Blvd NW Andover, MN 55304 253224230003 David & Diane Grorud 14545 Palm st NW Andover, MN 55304 263224410001 Leonard Cochran 3640 - 152nd Lane NW Andover, MN 55304 253224320003 Roger E Carol L Hofstad 684 Andover Blvd NW Andover, MN 55304 253224310004 Randall L & Lynn M Chaffee 614 Andover Blvd NW Andover, MN 55304 263224420019 Gail R Skaaden 14315 vale st NW Andover, MN 55304 233224340013 Winslow Holasek 1159 Andover Blvd NW Andover, MN 55304 263224430003 Ashford Dev. 3640 - 152nd Andover, MN Corp. Inc. Ln NW 55304 263224410001 Leonard S Cochran 3640 - 152nd Lane NW Andover, MN 55304 253224320001 Randall L & Lynn M Chaffee 614 Andover Blvd NW Andover, MN 55304 253224310009 Dale H & J L Spaulding 14370 prairie Rd NW Andover, MN 55304 263224420021 Ashford Dev. 3640 - 152nd Andover, MN Corp. Inc. Ln NW 55304 253224340009 J D & Susan E Rooker 14191 Prairie Rd Andover, MN 55304 263224430006 263224430007 263224430008 As' ~ord Dev. Corp. Inc. Ashford Dev. Corp. Inc. Ashford Dev. Corp. Inc. 36~) - 152nd Ln NW 3640 - 152nd Ln NW 3640 - 152nd Ln NW Andover, MN 55304 Andover, MN 55304 Andove r , MN 55304 253224330004 263224430009 263224430010 Robert J Nehring Ashford Dev. Corp. Inc. Ashford Dev. Corp. Inc. 3640 - 152nd Ave NW 3640 - 152nd Ln NW 3640 - 152nd Ln NW Andover, MN 55304 Andover, MN 55304 Andover, MN 55304 253224340008 Jeffrey & Mildred Johnson 14315 prairie Rd NW Andover, MN 55304 263224430005 Ashford Dev. 3640 - 152nd Andover, MN Corp. Inc. Ln NW 55304 253224340010 Marilyn M & Ed Gritton 14157 Prairie Rd NW Andover, MN 55304 , '1 L J'224330005 Mark A Menth 14122 prairie Rd NW Andover, MN 55304 253224340003 Thomas L Chouinard 14123 prairie Rd NW Andover, MN 55304 253224340003 Thomas L Chouinard 14123 prairie Rd NW Andover, MN 55304 363224220003 Douglas C & A J Steele P.O. Box 638 Andover, MN 55304 :' '224120024 Hn~ls, Inc. 2619 Coon Rapids Blvd H01 Coon Rapids, MN 55433 363224220004 Craig A & Ruth A Kostelecky 732 - 140th Ln NW Andover, MN 55304 (j file.-: f\~zoY\.i~ Ash-feY.l 993 263224430011 Ashford Dev. 3640 - 152nd Andover, MN 263224430012 Ashford Dev. 3640 - 152nd Andove r, MN Corp. Inc. Ln NW 55304 Corp. Inc. Ln NW 55304 263224430013 Mark A & Peggy S Soderholm 14147 Vale St NW Andover, MN 55304 263224430014 James G & Cheryl A Johnson 985 - 123rd Lane NW Coon Rapids, MN 55448 253224340004 Thomas L Chouinard 14123 prairie Rd NW Andover, MN 55304 263224430015 Ashford Dev. 3640 - 152nd Andover, MN Corp. Inc. Ln NW 55304 263224430070 353224110001 Ashford Dev. Corp. Inc. Hills, Inc. 3640 - 152nd Ln NW 2619 Coon Rapids Blvd Andover, MN 55304 H01 Coon Rapids, MN 55433 363224220007 353224120003 David A & Elizabeth Erickson Hills, Inc. 745 - 140th Lane NW 2619 Coon Rapids Blvd Andove r , MN 55304 H01 Coon Rapids, MN 55433 233224340013 Winslow Holasek 1159 Andover Blvd NW Andover, MN 55304 363224220008 David C & S L Szykulski 752 - 140th Ln NW Andover, MN 55304 o '1 '...---1 ~J ~ /J~,''''<'''',"iF''~" ! ':'; V CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . 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, September 14, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the rezoning request of Ashford Development Corporation, Inc. to rezone property located in the Southwest Quarter of the Southwest Quarter of Section 25 and the Southeast Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota from R-1, Single Family Rural to R-4, Single Family Urban for the purpose of subdividing the property and constructing single family homes. The property is generally located south of Andover Boulevard and east of the Burlington Northern Railroad tracks, ana west of prairie Road. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at the Andover City Hall for review prior to said meeting. L~ ;j~ Vlctorla Vo , City Clerk publication dates: September 3, 1993 September 10, 1993 ,,- .... CITY OF ANDOVER "...-r REQUEST FOR COUNCIL AcrION DATE October 5, 1993 AGENDA 1\0. SECTION ORIGINATING DEPARTMENT APPROVED ndover Review Committee FORAGENDA 1#' Discussion Item ITEM r-.o. BY: wittington Ridge preliminary Plat ~ The City Council is requested to review the preliminary plat of wittington Ridge per Ordinance 8 and 10 and all other applicable ordinances and policies as requested by Ashford Development Corporation. 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-1, Single Family Rural. In addition, the proposed plat is not within the Metropolitan urban Service Area (MUSA). Note: A portion of the proposed plat could be served with gravity sanitary sewer. * The proposed subdivision consists of 21 single family rural residential lots. * 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). Other Comments: The Andover Review Committee has not has the opportunity to review the revised preliminary plat, grading/drainage and erosion control plan; The revised plan was submitted to the City near the end of last week. The developer's engineer became very ill and was not able to submit the plans on time to the City for review. ~) MOTION BY: SECOND BY: TO: / - "--) We are recommending the plan be approved subject to review and approval by the Andover Review Committee but in addition the final plat is not to be approved by the City until all items are complete and the Water Resource Management Plan has been complied with. Planning and zoning Commission Recommendation 1. The Commission is recommending a variance be granted for Lot 5, Block 3 for lot frontage from Ordinance 10, Section 9.06A3 as the lot does not meet the 300 feet at the building setback line. The area to the east of the building pad of Lot 4, Block 3 is not identified as wetland. Therefore, the city could give a variance from Ordinance 10, Section 17.01 as it is shown by the developer the topography and physical conditions (Ditch No. 37) cause an exceptional and undue hardship to the enjoyment of a substantial property right. In addition, the variance does not adversely affect the adjacent property owners and Comprehensive Development plan or the spirit and intent of this ordinance. , -j ,-I 2. The Commission is recommendi~g that the property line between Lots 4 and 5, Block 3 be redrawn so that the lot does not have property on both sides of the ditch. The revised plan in your packet is to include the change. 3. The Commission is recommending access be provided to the Sather property as recommended by the Andover Review Committee to allow the property to be subdivided in the future as required in Ordinance 10, Section 9.02B. 4. The Commission is recommending a variance from Ordinance 10, Section 8.04K as the developer did not make application for a Special Use Permit in conjunction with the preliminary plat. The developer has admitted that they made an error in not applying for the permit. 5. The Commission is recommer.ding that the developer provide the City a revised preliminary plat and grading/drainage/erosion control plan that provides all information that is required in Ordinance 10 and other applicable ordinances and comply with the Water Resource Management plan. The final plat is not to be approved until requirements are met. 6. The Commission is recommending the westerly temporary cul-de- sac (155th Lane NW) be removed and a permanent cul-de-sac be constructed that meets the requirements of Ordinance 10, section 9.03G. 7. The Commission is recommending a variance from Ordinance 10, Section 9.03G as the length of the cul-de-sac exceeds the C~) maximum allowed of 500 feet. Additional Comments by Commission: The Commission discussed very carefully the fact that some sort of disclosure should be made to people purchasing land near agricultural practices. C_) It should be noted that the Coon Creek watershed District has recommended that a more detailed hydrological analysis be made of future plats regarding their affect on both residential and agricultural lands. park and Recreation Commission Recommendation The Commission will be reviewing and make recommendations at the October 7, 1993 meeting as determined in Ordinance 10, Section 9.07. The park dedication is to be determined on the entire 59.676 acres. 8.01 IDENTIFICATION AND DESCRIPTION a. proposed name is Wittington Ridge. 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 59.676. 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 not shown on preliminary plat as 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 not been reviewed and approved by the Tree Inspector. This is a requirement prior to any construction. j. A soil boring report has been received by the City. All unbuildable soils will be required to be removed within all right-of-ways. 8.03 DESIGN FEATURES () a. The proposed right-of-way as indicated is 60 feet. c. The storm drains and streets plan and profile will be designed by the developer's engineer and will need to be reviewed and approved by the City Engineer. g. The setbacks for each lot are shown. h. The proposed method of disposing of surface water will need to be shown on the grading and drainage plan and erosion control plan. 8.04 ADDITIONAL INFORMATION b. Source of water supply is private wells. : ) c. Sewage disposal facilities will be private septic system. ~- g. j . 9.02 a. 9.03 a. m. 0 n. () d. Rezonings of properties will not be required. f. Flood Plain Management is the Coon Creek Watershed District (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 0.76 miles. 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 seeded and to provide erosion control. 9.04 EASEMENTS b. A drainage easement is shown to follow the 100 year flood elevation. 9.06 LOTS e. The developer is responsible to obtain all necessary permits from the Coon Creek Watersh~d District, 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. o () (] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WITTINGTON RIDGE AS BEING DEVELOPED BY " ASHFORD DEVELOPMENT CORPORATION, INC. IN SECTION 21 AND 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mail~d notice thereof, the Planning and Zoning Commission has conducted a public hearing with some opposition, largely regarding the ecological aspects of the proposed preliminary plat of Wittington Ridge. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing the Planning and Zoning Commission recommends approval of the plat citing the following: 1. A variance be granted for Lot 5, Block 3 for lot frontage from Ordinance 10, Section 9.06A3 as the lot does not meet the 300 feet at the building setback lines. 2. A variance be granted for Lot 5, Block 3 for lot area from Ordinance 10, Section 9.06A3 as the lot does not meet the minimum 108,900 square feet requirement. 3. Access be provided to the Sather property as recommended by the Andover Review Committee to allow the property to be subdivided in the future as required in Ordinance 10, Section 9.02B. 4. A variance from Ordinance 10, Section 8.04K as the developer did not make application for a Special Use Permit in conjunction with the preliminary plat. 5. The developer provide the City a revised preliminary plat and grading/drainage/erosion control plan that provides all information that is required in Ordinance 10 and other applicable ordinances and comply with the Water Resource Management Plan. The final plat is not to be approved until requirements are met. 6. The westerly temporary cul-de-sac (155th Lane NW) be removed and permanent cul-de-sac be constructed that meets requirements of Ordinance 10, Section 9.03G. 7. A variance from Ordinance 10, Section 9.03G as the length of the cul-de-sac exceeds the maximum allowed of 500 feet. 8. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 9. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 10. Park dedication as recommended by the Park and Recreation Commission. () o o NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the preliminary plat of wittington Ridge. Adopted by the City. Council of the City of Andover this 5th " day of October , 19 93. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5. 1993 AGENDA tn SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM f\O. Planning ~ BY: Ordinance No. 95 Boulevard Encroachments David L. Carlberg City Planner ~. I '-../ The City Council, on August 17, 1993, directed the Planning and Zoning Commission to revisit Ordinance No. 95, examine other communities regulations and make a recommendation to the Council at the October 5, 1993 meeting. Planning & Zoning Commission Review The Planning and Zoning Commission met on September 14, 1993 and reviewed other communities ordinances, reviewed a video on accidents with mailboxes and discussed the safety aspect of encroachments into the boulevard. The Commission tabled the item pending further review by the City Attorney on the idea of a hold harmless clause provision in the Ordinance. The Planning and Zoning Commission met on September 28, 1993 and made the recommendation to the Council to remove Section 12, Appeal to Council from the Ordinance and to change Section 4, Exceptions. The change to Section 4 being to remove a portion of Sub. a. so it would read, Mailboxes or newspaper delivery box stands. Attached are the minutes and staff reports from the Commission meetings. Upon Council approval Staff will amend Ordinance No. 95. -) MOTION BY: - / SECOND BY: TO: o CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATESeptember 28, 1993 4. Discussion - Cont. Boulevard Encroachment Ordinance no. 95 Planning David L. Carlberg BY: City planner APPROVED FOR AGENDA .y,k AGENDA ITEM ORIGINATING DEPARTMENT REQUEST The Commission tabled this item at the September 14, 1993 Commission meeting pending further review of the Ordinance by Staff and the City Attorney. The Commission directed Staff to revise the Ordinance and have the Attorney respond to the idea of a "hold harmless clause" for mailboxes that are non-conforming. Staff in listening to the tape of the minutes from the September 14th meeting was unsure of the re~isions requested by the Commission. The following are possible changes to the ordinance for consideration by the Commission. 1. Remove a portion or all of the appeal procedure. '- 2. Include in the Ordinance a hold harmless clause for those mailboxes that are non-conforming. Staff has not received comments from the City Attorney at this time, but will present any additional information received to the Commission at the meeting. ~) , ') ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 95 AN ORDINANCE REGULATING BOULEVARD ENCROACHMENTS AND PROVIDING FOR AN APPEAL PROCESS. The City Council of the City of Andover hereby ordains: Section 1. Purpose :_) It is hereby declared to be the policy of the City of Andover to promote and provide unrestricted and safe passage within boulevard areas in public rights-of-way while at the same time promoting the betterment of the aesthetic qualities of the community. The Council recognizes that certain encroachments located within the boulevard area will impede the safe and free flow of pedestrian traffic and will cause imminent danger to vehicular traffic, including bicycles, leaving the paved surface area. The Council further recognizes that certain improvements to the boulevard area will neither impede pedestrian traffic nor create imminent danger to vehicular traffic leaving the street. The Council also recognizes that certain encroachments which could constitute an imminent danger to vehicular traffic are permitted within the boulevard area out of necessity. In an attempt to balance these diverse interests, the Council adopts the following regulations. Section 2. Definitions A. Encroachment. Encroachment shall mean any object, live or ~nan~mate, situated within a public right-of-way, including but not limited to, posts, trees, bushes, rocks, utility poles and boxes, retaining walls, etc. B. Boulevard. Boulevard shall mean that area of a public right- of-way extending from the back of the curb to the right-of- way limi t. C. Impede. Impede shall mean the interference with pedestrian traffic to an unreasonable degree. D. Imminent Danger. Imminent danger shall mean the likelihood of damage to a vehicle or injury to a pedestrian upon contact with the encroachment. Section 3. Permit Any person who intends to place an encroachment as defined herein within the public right-of-way shall obtain a permit prior thereto from the Building Official unless such encroachment is excepted pursuant to Section 4 hereof. No permit shall be granted for encroachments which would be considered nuisances as defined in Section 5 herein. \ o Section 4. Exceptions The terms and provisions of this ordinance shall not apply to the following: a. Mailbox or newspaper delivery box stands.cen3i3tin9 of a pest no lar-qe-r--than-f.ou-r (4) i-nches--oy-four-+4-t--i'nc-hes-;- o ) _I ~--) b. Traffic and directional signs. c. utility poles and utility structures. d. Fire hydrants e. Bus shelters or benches Section 5. Nuisances. Any encroachment located within a public right-of-way which impedes pedestrian traffic or constitutes imminent danger to vehicular or pedestrian traffic on any boulevard constitutes a public nuisance. Section 6. Sight Triangles Encroachments within a sight triangle as defined in City Ordinance 8 shall meet the requirements of this ordinance or Ordinance 8, whichever is more restrictive. Section 7. Maintenance of Boulevard. Except as may be prohibited by this Ordinance or other provisions of the City Ordinances, the owner or occupant of property abutting a publi~'right-of-way shall be responsible for the maintenance of the boulevard area adjacent to their property. The owner or occupant shall at a minimum maintain the lawn and trees in the boulevard. Any additional improvements made shall be maintained by the owner or'occupant at their own risk and expense. The City shall not be responsible for the maintenance of or liable for injury to or from such improvements and the property owner or occupant agrees to hold the City harmless from any claims arising out of any injury or damage to or from such improvements. Section 8. Violation. A violation of the Ordinance shall constitute a m~sdemeanor. Section 9. Enforcement. The Building Official shall be responsible for the enforcement of the provisions of this ordinance. Upon determining that a violation of the provisions of this ordinance exists, the Building Official shall, in writing, order the discontinuance of the nuisance and shall order the action necessary to abate such nuisance. Such order shall be served upon the owner and/or occupant of the premises involved, in person or by certified mail. The Building Official shall give the affected parties a reasonable period of time to abate the nuisance, which time may vary depending upon the nature of the encroachment. The Building Official may extend the time for compliance upon good cause being shown by the affected party. In no instance shall the time for compliance be less than seven (7) days nor more than six (6) months. Section 10. Abatement of Nuisances. If no appeal is taken, if an appeal is denied or the order amended, and if the time for compliance or any extension thereof has expired and the nuisance is not abated, the encroachment shall be removed by an employee or agent of the City. The costs of such removal shall be recorded and forwarded to the City Clerk. The costs of removal together with a reasonable administrative charge shall be certified to the property taxes for said property. '- ) ~ , \ ,-/ '\ o Section 11. Appeal Any party aggrieved by an order of the Building Official may appeal such decision to the Andover Review Committee. The appeal must be taken within seven days after the receipt of a written order from the Building Official, by the filing of a notice of appeal on forms provided by the Building Official. Such notice of appeal shall contain the names and signatures of all parties aggrieved and the grounds upon which the appeal is being taken. The matter shall be reviewed by the Andover Review Committee within seven days. The applicant shall be notified of the findings in writing. se~on 12. Appeal to Council All d~'sions of the Andover Review Committee shall be appeal t the City Council in the following manner: A. Within se n days after the Andover Review Commit e has made its decision the Building Official shall notif the applicant of i decision and of the applic~ 's right to appeal. Within ven (7) days thereafte~:~e applicant or any person aggrieve by such decision file with the Building Official a w 'tten request at such decision be appealed to Council. B. The Building Official sha re r the matter to the City Council within. ten (10) day f such appeal. The appeal shall be placed on the a~a the next regular Council meeting. The Buildin~fficial shall notify the appellant of the date, time, ~ place of suc meeting. The appellant may ap~ar in person or wit counsel, and present evidence in support of his appeal. C. The City CounCil shall have the authority affirm, amend, or rejec~he decision of the Andover Review ommittee. An amend~t to or rejection of the Andover Review ommittee's dec~sion shall be adopted by an affirmative vote ~ a majority of the City Council. ~ /' Section 13. Paramount Public Use. The City or any of its agents and/or any utillty company authorized by law or the City to utilize the boulevard area shall have a paramount right to use of the boulevard area, subject to control by the city. Any improvements placed in the boulevard by the owner or occupant shall be removed at the owner's or occupant's expense if the boulevard area is needed for a paramount use. This shall include, but not be limited to, the installation of new or repair or replacement of existing utilities. Adopted by the City Council of the City of Andover this 7th day of May , 19 91 . Attest: CITY OF ANDOVER 'f- ( v(l,--,--l'>-v~ \0 ; Kenneth D. Orttel - Mayor ( '-/- {(,;;/ ( v~ r.AA./ ;,.a..... Victoria Volk - City Clerk (~) Regular Planning Commission Meeting September 14, 1993 - Minutes Page 10 Boulevard Encroachment Discussion - Ordinance 95 Mr. Carlberg noted that the City Council reviewed two appeals where the property owners had brick mailboxes and lantern pillars in the right-of-way. The Council tabled these appeals and directed staff to contact other communities to compare regulations on boulevard encroachments and bring the information to the Planning Commission for review and recommendation back to the Council. Mr. Carlberg then showed the Commission a portion of a video where cars hit b~ick mailboxes, noting extensive damage was done to the vehicles.. Commissioner Apel stated that his concern is the safety factor and also the Public Works Department. Chairperson Dehn felt that safety of vehicles is a major concern. Mr. Carlberg explained that we have a number of these mailboxes in the city and we have not done a good job of enforcing this ordinance. Coon Rapids has the same ordinance we have and they have suspended the appeal portion of the o~dinance. Robert Bannister, 14971 Bluebird Street N.W. explained that his appeal was one of those heard by the Counc11 and tabled. He felt \ that because he made his mailbox attractive, 'he is being penalized 1'--) for it. Commissioner Peek suggested that everyone with a non-conforming mailbox should give the city a hold harmless agreement. Staff was directed to contact the city attorney regarding the liability, revise the ordinance, and bring it back to the September 28th meeting. Chairperson Dehn declared the meeting adjourned at 12:35 a.m. Respectfully submitted, U' 0f& Vicki Volk Acting Recording Secretary \ I ,--) ~j CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE September 14. 1993 7. Discussion Boulevard Encroachment Ordinance no. 95 ORIGINATING DEPARTMENT Planning ~ David L. Carlberg ~ BY: City Planner APPROVED FOR AGENDA AGENDA ITEM BY: REQUEST The City Council on August 17, 1993, directed the Planning and Zoning Commission to review Ordinance No. 95, Boulevard Encroachment Ordinance, in regard to mailboxes and other encroachments. The direction of the Council came at the review of two appeals to the Ordinance at the August 17, 1993 meeting. The first appeal to the Ordinance was in regard to the placement of a concrete and brick mailbox in violation of the,provisions of Ordinance No. 95. The Ordinance requires a 4'x4' post for mailboxes. The other appeal was for brick lanterns located in the boulevard (right-of-way). Both appeals were deemed by City Staff I and the Andover Review Committee to be a threat to the health, '- safety and general welfare of the residents as well as to Public Works Staff during snow removal. The Council asked Staff to contact other communities to compare regulations on boulevard encroachments and bring the information to the Planning and Zoning Commission for review and recommendation back to the Council. Other City Ordinances City of Anoka The City of Anoka does not allow encroachments into the boulevard other than vegetative planting not to exceed 3' in height (cannot create sight problem). Anoka has not had a problem with brick mailboxes or pillars in boulevard. City of Blaine Does not have a problem with brick mailboxes or pillars in boulevard. Residents have placed large rocks on boulevard to prevent vehicles from driving on their yard where there are curves in the road. Blaine requires they be removed when encroachment obstructs the ) removal of snow or creates a traffic hazard (sight distance) at ~ intersections. ,J Page Two Discussion - Blvd. Ordinance No. 95 September 14, 1993 Encroachment City of Bloomington No construction of structures in right-of-way. Does not encourage brick mailboxes in boulevard. Can be done on an approved basis by the City. City of Coon Rapids Ordinance is same as the City of Andover. Suspended enforcement of their boulevard encroachment ordinance as directed by their City Council due to the appeal procedure before the Council. City of Eden prairie No structure in boulevard or right-of-way. went through same problems as Andover is experiencing. Allows brick mailboxes with approval by City and prefers they be _)grOUped. Pillars marking driveways must be located on property. If any damage occurs to mailboxes City is not responsible for replacement or repair. City of Edina Allowed some brick mailboxes. All are located 2'- 5' behind curb. These are located in the areas where home prices average 2 to 3 million dollars. Attached are additional city ordinances and information provided by the League of Minnesota Cities. Also attached is Ordinance No. 95, Boulevard Encroachment. \ ,~) ~ ..-.... .:'~:J j. , , ) !:'~-< '---' Regular Andover City Council Meeting Minutes - August 17, 1993 Page 4 (Assessment Reduction/R. Sonsteby, Continued) justification for assessing her lots more, especially since she was told by the City Clerk that her lots were considered a part of the Meadows of Round Lake. The City is saying the Nedegaard lots were only 80 feet and hers are 100 feet; but she argued that some of the Nedegaard lots were also 90 feet and they were only assessed $1,600 each. She also felt discriminated against when in 1981 she was required to pay the equivalent of a lOa-foot lot for a lot that had only 32 feet of frontage. One other lot had only 15 feet of frontage, but that owner only paid for the actual frontage. Ms. Sonsteby also alleged that in 1984, she, as the developer, paid for everything in Rosella's Addition, even for the sewer, water, blacktop and curbing that benefitted another parcel. Ms. Sonsteby again argued that the Nedegaard contract indicates he is to pay for all extensions. Since she was told her lots are a part of that development, and there are no Resolutions specifically about her lots, she felt her lots should be assessed the same. Mr. Haas explained the trunk runs past Ms. Sonsteby's lot, but she is only being assessed a lateral charge per the City's policy., Ms. Sonsteby came into the process after the petition for the Meadows of Round Lake and the signing of the Development Contract. Ms. Sonsteby is being assessed $22/front foot per the City's policy. Mayor McKelvey believed the contract between Ms. Sonsteby and the developers of the Meadows of Round Lake is that they would pay the lateral charge for Ms. Sonsteby. He felt that is a private legal agreement that does not involve the City. MOTION by Jacobson, Seconded by Perry, that the City Council deny the request of Rosella Sonsteby for a reduction in assessments for lateral service to three of her lots which she is developing. The assessments are currently $2,200 per lot and the Council reconfirms that amount. Motion carried on a 4-Yes, I-Absent (Dalien) vote. ~ APPEAL ORDINANCE 95/149TH AND BLUEBIRD Mr. Carlberg reviewed the appeal of Robert and Renee Bannister to allow a brick mailbox structure to remain in the city right of way at 14971 Bluebird Street NW. The Andover Review Committee found the mailbox structure, while aesthetically appealing and does eliminate vandalism to a degree, does not meet ordinance nor postal requirements and must be removed. The ordinance requirement was enacted in 1991, and the Building Official found the violation and submitted a letter to the owners. He had photographs of the structure. 1.,,-) '--'"' In Council discussion, Mr. Carlberg stated the purpose of the ordinance is a safety factor for Public Works employees who might accidentally hit the solid structure, and it becomes a snow maintenance problem. The postal regulation is the box must be back from the curb. There are many such mailboxes around the City, so he predicted many more appeals coming before the Council on this issue. Councilmember Perry agreed that the mailboxes are much more appealing, but felt such structures in the right of way are a problem and should be removed. e:} Regular Andover City Council Meeting Minutes - August 17, 1993 Page 5 (Appeal Ordinance 95/149th and Bluebird, Continued) About five or six residents addressed the Council arguing there are many, many mailboxes in the City that do not meet the ordinance requirements. Those in Kensington Estates are 6x6 posts, not 4x4 as the ordinance requires. Such mailboxes are very common in many of the cities with higher-priced houses such as Eden Prairie, Bloomington, Edina. They asked why is it a danger in one community and not in others. Mrs. Bannister stated they are willing to move it back off the curb and mark it with flags and reflectors. This looks nice, as opposed to those who have various tubes and vandalized mailboxes. Mr. Bannister stated he would be willing to tear it down and start over to set the mailbox out on a post. He could submit a drawing that would have to be approved by the City. Another resident stated the ordinance was passed in 1991, but his mailbox structure has been up since 1989. He felt he should be grandfathered, but he received a letter today indicating a violation. . , \ ,.... I C: Council discussed again noted that such mailboxes are aesthetically pleasing but are a safety concern. They acknowledged that Staff was appropriate in following procedure, but also felt that possibly the Planning and Zoning Commission should look at the requirement again, see what other cities are doing; decide whether or not the current ordinance is still practical, and make a recommendation. MOTION by Knight, Seconded by Jacobson, to send the issue to, the Planning and zoning Commission for further consideration of review of the Ordinance for mailboxes only. Motion carried on a 4-Yes, I-Absent (Dalien) vote. MOTION by Perry, Seconded by Jacobson, to table the appeal request until the first meeting in October. (October 5, 1993) Motion carried on a 4- Yes, 1-Absent (Dalien) vote: @ APPEAL/ORDINIlNCE .5/AMAR/H.. HaTN LANE lM Mr. Carlberg reviewed the appeal request of Todd and Glenda Amar to allow two brick lantern pillars to remain in the city right of way at 1469 140th Lane NW. They are located eight feet behind the curb, but the city boulevard is 13.5 feet to the property line. The Andover Review Committee has recommended the structures be removed. The builder of the house had given his word that the pillars would be removed within two weeks of the issuance of the Certificate of Occupancy. That was not done. .~) f '-"' Todd Amar. 1469 140th Lane NW - stated he was not notified that the City had an agreement with his builder. He never knew there was a problem until he received the letter from the City. Those pillars were in the original building plans. He had pictures of his pillars plus many other monuments located on boulevards within the City of Andover. By definition, the ordinance requires no trees, rocks, etc., in the right of way; but in driving around the City, there are numerous violations. 0) Regular Andover city Council Meeting Minutes - August 17, 1993 Page 6 (Appeal Ordinance 95/Amar/1469 140th Lane NW, Continued) Is the City going to require all trees and other items to be removed as well? He felt this issue is the same as the previous one dealing with mailbox structures and asked that the ordinance be reviewed. Attorney Hawkins advised that the ordinance applies to structures placed in the boulevards subsequent to the adoption of this ordinance. Mr. Carlberg stated the existing trees in the right of way would be a nonconforming issue. The boulevards are for the purpose of installing utility lines and to leave it clear for future maintenance Mr. Amar - was willing to live with the possibility that the pillars may have to be removed if maintenance is required in that area. He accepts that ris~. The pillars are an aesthetic improvement to the property, but it would not work to move them back to the property line. He again argued there are such monuments allover the place both within Andover and in other cities. .o) ty/ MOTION by Perry, Seconded by Jacobson, that the Andover City Council deny the appeal of Todd and Glenda Amar for the property located at 1469 140th Lane NW to allow the brick pillars to remain in the city right of way. The reason for denial is it is not consistent with Ordinance No. 95; and while the City Council has determined there may be a need to address the ordinance as it relates to mailboxes, the City Council has not directed the review of the ordinance for other structures in the right of way. DISCUSSION: Attorney Hawkins thought that the Minnesota Statutes 160.27 states it is unlawful to place or maintain any structure within the limits of any highway, which applies to state, county and municipal streets. He did feel there is some provision that authorizes cities to have certain encroachments that wouldn't be a violation. The City does have the ordinance regulating this. Mr. Amar - asked that this item be given the same review as the mailbox issue just previously discussed. These types of monuments are becoming common in landscaping, plus there are other types of landscapes within right of ways. A very, very large portion of Andover residents are affected by this issue. Councilmember Knight felt that given the possible magnitude of the problem, that the Planning and Zoning Commission should address this issue swell. VOTE ON MOTION: Yes-Jacobson, Perry; NO-McKelvey, Knight; Absent- Dalien. Motion failed. MOTION by Perry, Seconded by Knight, that this also be referred to the Planning and Zoning Commission for review at their September 14 meeting and again reiterate the fact that Staff and the Andover Review committee have acted properly in their recommendations. Motion carried on a 3- Yes, I-No (Jacobson), I-Absent (Dalien) vote. C;) MOTION by Perry, Seconded by Knight, that we table Agenda Item No.8, Appeal/Ordinance 95/Amar/1469 140th Lane NW pending recommendation of the Planning and Zoning Commission. Motion carried on a 4-Yes, I-Absent (Dalien) vote. . -, " 11'111 '~):ifll I TIr~~ ~ ABILITY OF THE CITY TO REGULATE PLACEr~ENT OF rlAILBOXES WITHIN THE CITY. March league of minneEjOL8 cities , 0, , 987 368 * 525J Roger Becker Mayor Box 36 New Auburn, MN 55366 Dear Mr. Becker: This is a follow-up to our phone conversation yesterday. You asked about a city's ability to regulate the placement of mailboxes within the citYr GeneralLy, a city has ample authority to regulate streets. This authority includes the power to remove obstructions to their free use. ' However, .it wouLd seem questionable whether this authority includes the power to regulate the Location of mai'lboxes. ~'_) "ArticLe One 57 of the 'U ~S'~--ConSErrUe-ldn--giYes Congress-the"power to establish post offices and postal roads. This power is exercised primarily through postal regulations. If there are any conflicts between a city's ordinance regulating the placement of mailboxes and postal reguLations, "...the regUlations necessarily would pre-empt the ordinance under the Supremacy Clause of the U.S. Constitution," Grover City v. U.S. Postal Service, 391 F.Supp. 982 (1975). In that case, Grover Ciey's ordinance regUlated the curbside placement of mailboxes. 62 AmJur 2d, Post Office 523 also indicates that "The location and design of mailboxes...are matters within the control of the federal postal authorities...local authorities have no power and are under no duty with respect to the location of a mailbox...." 132 ALR 1401 also contains an article on the ability of a city to regulate the placement of mailboxes. The material that I have looked at seems to distinguish between rural delivery routes and other streets within the city boundaries. WhiLe the city does not appear to have the authority to regUlate mailboxes in either case, the federal pre-emption seems much clearer in the case or rural routes. From the facts you gave me, I was not sure which type of roads we were discussing. :,-) I spoke with someone in the Postal Inspector's office in 1 ..::~~ '.l/'II\i("rs.t.\/ ,:-,VF:nLlf:' f'2,!",;", st., P,;l,I, " IInnesor", 55 1 01 (6 '12) 227-5600 . - '., -, .-.,. Minneapolis. It appears that the postal regulations involving the location of mailboxes merely require that they be accessible to the mail carrier. It would thus seem that a city regulation that did not affect accessibility would not be in conflict with federal regulations. For example, a city ordinance that regulated the location of mailboxes for snow-plowing or mowing purposes, but did not affect the access to the boxes, would arguably be consistent with federal regulations. I hope that this has been of some assistance. As is our policy with matters of a legal nature, I am forwarding a copy of this letter to your city attorney., If you should have any questions, feel free to call. . /-j '-' Sincerely, Jay Squires Research Assistant , ....-._J-...... -- --..-,-- ~~) I VI\'"' .;l 1/ 1 j/ 'd't. INFORMATION SERVICES League of Minnesota Cities 183 University Avenue East st. Paul, MN 55101-2526 Classification # 3lo0 I-;).O-Cf? Date , ' ) ,~ Subj ect Municipality ~ AA , c},oel ~-) /NOTICE: {~~t ~./ \ ST. MICHAEL ORDINANCE NO. 80e11114192 An Ordinancu Amending Sl Michael Subd'Jision Ordnance No. 60 10 Regu_ late I.Dcalion 01 Mail Boxes. Newspaper Boxes and Advertising Boxes. The City Counc:il 01 1he City 01 Sl Michael Ordains: Section ,. I.o"'..alion 01 MaiJ Boxes. Newspaper Boxes and Advenising Boxes: Sl MIChael Subdivision 0rdi- nance No. 60 is hereby amended by adding Section 5,09 10 read as 1olIows: 5.09 Location 01 Mail Boxes. Newspa- per Boxes and Advenising Boxes. ,. Definition. Wherewr rel8mld 10 'herein, "boxes. shaJJ reler 10 aJJ mail boxes, newspaper boxes and advenis- ing boxes wherein either mail is dis1lib- llled, newspapers and magazines are dsllibuted or advertising is placed lor the use 01 residents ollhe City. 2. Designation by Planning Commis- sion. The Sl Michael Planning Commis. sion, subject 10 the criteria set lorth herein, shall designate !he location 01 all boxes lor all subdivisions crealed pursu- anI 10 this Ordinance. 3. Location 01 Boxes on Regular SlreelS. All boxes located on regular SITeelS shall be placed on one side ot the SITeel in a line 01 travel approved by the Planning Commission and the pOSI 01. fice, and a prescribed distance 1Wi<rf from the curb, so as to allow easy acxess by the mail carrier, 4. Location cl Soxas on Cul-d&-sac SITeets, All boxes tor houses in a cul-<le. sac shall be localed in a duster althe BnITance to !he radius 01 the aJ/-de-sac, as approved by the Planning Commis- sion and the pOSl office, and in a pre- scribed distance sway from the aJrb so as 10 allow easy access by the mail carrier." Section 2. Effective Date: This Ordi. nance shall bec:cme effective from and alter its passage and publication accord. ing to law, Passed by the Sl Michael City Couneil this 14th day ot January, 1992. City 01 Sl Michael Joanne Si/bemick, Mayor Allest: Dawn Grossinger, City ClerK Published in the Crow River News MOnday,Jan.20,l992, ' \. CRN72 , ' L, ,-/ INFORMATION SERVICE League of Minnesota Cities 183 University Ave E. St~ ~aul, MN 55101 V / ' - . - ) .~/ ~UD1fc notice )' Ordlnance'1f;;Y:'1r4'~7 ," · ~ OrdlnaDce Rqulat1nlthe, 1 \' Placement aDd Installation ,I of Mailboxes Within the City of Dawson A;", ";',-' The City Council of the City ,of: Dawson does hereby ordain: .. 'l '.''' ,-' . Section 1: INTENT: The intent of this ordinance is 10 reduce the number of mailboxes located on City S!reelS. The reasons for this, are 10 make mow removal a more efficient process, ~d 10 enhance the loots oflhe', Clly'_. struts: ' " ': "".-~I .::l., ',' Section 2. GROUPING MJ\ILBOXES: AIl mailboxes shall be clusmed in : lIOups of not less than four. ~Lmo.re, than six. Groups of less than four will be allowed if my mailbox is more 1han 250 feet from the property it ,serves. The approved size of these mailboxes shall be 19" long. 6-112"' wide. and 9," high. Mailboxes shall be erec~ed upon a sundardized -pole lD the specificauons of U.S. Postal Semce md MnOOT; Section 3. LOCATION: The Postmaster. City Manager. and Head of City Maintenance shall produce a Mailbox Location Plan for the City and designate group mai~b?xloc.ations. ResidenlS replacing eXlSung mallboxes will check with City Hall for!:l!lt"D.eW group box locations. <, Section 4. HANDICAPPED PERSONS: Any handicapped or elderiy person who would ltave difficulty using a group bo~ location shall be exempt from thiS ordinance upon notification of handicap or physical condition 10 City Clerk. Municipal Building. ' Secton S. CUL-DE.SACS: Group: mailbox stands shall not be located in my cul-de-sacs. Box locations' will, be' allowed on streets entering and, leaving' the cul-de-sac. Section 6. INSTALLATION IN NEW DEVELOPMENTS: The' City Maintenance Department shaIl install mailbox platforms in all new developmenu after the stree~. ar~ complete. All costs shall be"paytble. immedia1Cly 10 the City Clerk s .Office.:; Dawson. Minnesota. ' ... ~) Classification # ~~p) Municipality _lJa.LU.son Date to-- 1- '11 Subject , ," :l' r:;.... Section 7. FEE 'FOR"-N'EW::: I::"... DEVELOPMENTS: A per dwelling unit ~~4.:. fee" will be recommended as detennined necessary by the Head 9f '~ily Miinlelllnce. 10 the City Council who sha1l set the per dwelling unit,~e~ ,,in .. the current fee StIUcture. The per unit dwelling fee shall be charged for ,the installation of mailboxes and ~taiidS in . , new developments. Such charge Shall be' added 10 the building permit. at, the time of issue. The City Mainlellance Department budget shaIl be' directly reimbursed 10 cover costs involved Section 8. ALL OTHER RESIDENCES AND BUSINESSES: Approved mailbox' platforms and, polleses s sll&lhalll be, available from the City~e~~artmcnt at: a cost to eover 'malCri~h~lnd labor InWediately payablo 10 Ute City Clerk. Dawson. Minnesota. Section 9. MAINTENANCE: Maintenance of the mailbox platforms shall be the responsibility of the ..._....._.___u residents served. Section 10. PENALTY: Any penon violating any provision of this ordinance shall be punished by a fine of not more than S700.. or imprisonment in the County jail for not more than 90 days or both. plus the cost of prosecution in the case. Section 11. EFFECTIVE DATE: This ordinance becomes effective upon its passage and publication. Passed by the City Council this 1st day of October. 1991. Richard J. Pollei U Mayor 5;).15 ~3bg J ATIESI': Melva Lmon ~ty Clerk 12-1c '-) ftAlLBOX POl.ICY "arch 26, llIn A policy haa been adopted by Weight County and the U.S. Poatal Service conceening anowplowing and aailboKea aa followa: ~...-: : I 1. Property ownera are encouraged to uae the recommended .ailbox support. aa ahown on the reveeae aide of thia aheet. 2. Any damages to a mailbox aa the reault of anowplowing viII be reported by the Box Owner to the Highway Department .a aoon .a poaaible. 3. Material to repair or replace mailbox or aupport aa . reault of negligence on the part of a County Employe. will be aupplied by Wright County, peovided no violations of any lawa are involv,d on the part of the Box Owner and provided ,that the installation guidelinea are followed. " " .... . 4. Damage to a nonconforming mailbox and support viII be the responsi- bility of the Box Ovner and the County viII assume no reaponaibility. ~. Patron's address and/or name ahould appear on the box. Y~ur cooperation in complying with these recommendations ia appreciated. Should you have any questions" please feel free to contact us at the Wright Cvunty Highway Department. ~a2-7374 Maintenance Superintendent or 1-800-362-3667 (ext. 7374) ~ounty Highway Engineer Wright County ') ~ .I _.._----_.._---------_.._~---------------------------------------------------- SOMETBING TO TBIN~ ABOUT ----) Sere's the problem It's Janua~y 10, there's 10 inches of anow on the ground, 30 inches of s~ow piled up by your mailbox, and your mailbox is 10 feet away from its post...knocked down again by that doggone snowplow for the fourth time this winter. Next spring, you decide, you'll plant that mailbox on a really sturdy post that no snowplow can affect! How about a nice cement-filled milk can like your neighbor across the way? Or a wire cage filled with large rocks and a post supported in the middle? But wait, that may not be a good idea...Sign posts along the edge of county and state highways must meet required highway standards, which over the years have been extended to areas adjacent to the traveled way. Mailpox post~ ~hould also meet the~e sign standards. , A hazard i~ anything that can cause damage or injury if struck by an errant vehicle. A mailbox and it~ support can damage a ,vehicle that ~trikes it, but light-weight support~ will cause. minimum of damage and are not considered a "hazard" under this definition. This is no~ ~o with some of the more mas~ivemailboxsupportssuch.as plowshares, concrete pillars or stone aggregate held together by a wire cage you might find placed along Minnesota roads. . If hit, the~e can cause extensive damage to a car, bike or motorcycle, not to mention the occupants and operators of said vehicles. Also, if the vehicle ride~ upon a massive aupport, the driver could lose control of the car. This can throw the car back into the path of other vehicles or cause it to turn over. Finally, if a serie~ of mailboxes mounted improperly on a horizontal plank is struck by a careening vehicle, the whole a~~embly could be thrust' through the passenger compartment--spearing the occupants. Does all this really .atter? You bet it does. Not only will you meet the required highway standards and possibly save a life, you may also relieve yourself of ~ liability on your insurance, should there ever be an accident on you~ property. It makes good sense to follow the guidelines put out by federal, .tate and county highway agencies. ~So plant your mailbox lafely todayl ~ '~J RECOMMENDED MAIL BOX SUPPORTS (STEEL POST) (WOOD POST) Il - l-I/%" 'wooo niDI ~ 1/.(' 1l0LT see. A-A ~ ClAMP AVAA.A8U: WHCRE AUTO TJoIlPtPE fTTilNCS AAE SOUl A e~ ,..~ ... ,~ 3'z :1111 45.~w r PIPE SlEEVE 45. ELBOw A 1-1/.(' STt'EL PIPE 3. TO 4. O~OE EDCE Of' SHLOULDER STtD. PIPE AlITRNATE SOX ATTACHMENT- , Lri : ~~) f 4t' IlIN. TO SHOULDER J =r- CHAIN . nilS TYPE OF' "oum w.s WORI(Lll WEU.. rOR ""'NY YE.ARS IN WRICHT COUfolTY OUE TO ITS YlEUlING ASIl1TY. - SEE WRICHT COUNTt HIGHWAY DEFT. rOR OTHER OFTlONS. ILLEGAL MAIL BOX SUPPORT EXAMPLES: 1l1U( CANS OR BARRELS nlJ.(o Wffii CONCR(T( OR PARTS or OLD FAAI.I IMCHINERY. ,--) II: e~ ,..c ":~ ~;i WOOD f1U.Dt 1'-1" ~ 3. TO 4' OUTSIDE mCE Of' SHOULDER . RECOMMENDED ' . MULTIPLE INSTALLATION.. 32" WIN. 4t' O(.ul RURAl.. POSTAt. PAmON: ON BOiALF OF' AU. ROAD AIJTliORmrs. niE "'NNESOTA O('PARTUEm' Of' '!1WISPORTAnON w.s OEVELOpm 2 Sl'ANO.o.RO IolAJL BOX INSl'J.U).TIOHS WHICH ARE RECOI.I- "CHOEO FOR YOUR USE IN THE MNT YOUR Il.AIL BOX HCEOS RCP'-"CEuEm'. IHSOJ.U).TIONS OF' THIS TYPE HOT ONLY SPEEOS UP OEUV(RY OF' YOUR 1.IAJl. BUT Al.1.0WS SNOW PLOW,NC EOUIPuENT TO 00 A COOO FAST JOB OF ClLAAlNC THE SNeW ",01.1 YOUR ROoIoOS DURING niE WINTrR 1.I0m'I1S. ,105 A RESULT. TH(RE IS A SIo.\IINC IN COST TO DELIVER I.IAJL AS WELL 105 A SIo.\IINC IN ROAD WJNTENANCE COST. THIS -'U ADOS UP TO A SIo.\IINC IN TAXPAY!RS OOUJJlS. RURAL POSTAL PATRON ~) { '. '\;J Regular Andover City Council Meeting Minutes - August 17, 1993 Page 5 (Appeal Ordinance 95/149th and Bluebird, Continued) About five or six residents addressed the council arguing there are many, many mailboxes in the City that do not meet the ordinance requirements. Those in Kensington Estates are 6x6 posts, not 4x4 as the ordinance requires. such mailboxes are very common in many of the cities with higher-priced houses such as Eden prairie, Bloomington, Edina. They asked why is it a danger in one community and not in others. Mrs. Bannister stated they are willing to move it back off the curb and mark it with flags and reflectors. This looks nice, as opposed to those who have various tubes and vandalized mailboxes. Mr. Bannister stated he would be willing to tear it down and start over to set the mailbox out on a post. He could submit a drawing that would have to be approved by the City. Another resident stated the ordinance was passed in 1991, but his mailbox structure has been up since 1989. He felt he should be grandfathered, but he received a letter today indicating a violation. Council discussed again noted that such mailboxes are aesthetically pleasing but are a safety concern. They acknowledged that Staff was appropriate in following procedure, but also felt that possibly the Planning and zoning commission should look at the requirement again, see what other cities are doing, decide whether or not the current ordinance is still practical, and make a recommendation. MOTION by Knight, Seconded by Jacobson, to send the issue to the Planning and zoning Commission for further consideration of review of the Ordinance for mailboxes only. Motion carried on a 4-Yes, I-Absent (Dalien) vote. .~ " \~) I.'. C> MOTION by Perry, Seconded by Jacobson, to table the appeal request until the first meeting in October. (October 5, 1993) Motion carried on a 4- Yes, 1-Absent (Dalien) vote: ij APPKAL/ORDINANCK 95/IlHllR11469 140TH LANK "" Mr. Carlberg reviewed the appeal request of Todd and Glenda Amar to allow two brick lantern pillars to remain in the city right of way at 1469 140th Lane NW. They are located eight feet behind the curb, but the city boulevard is 13.5 feet to the property line. The Andover Review Committee has recommended the structures be removed. The builder of the house had given his word that the pillars would be removed within two weeks of the issuance of the Certificate of Occupancy. That was not done. Todd Amar, 1469 140th Lane NW - stated he was not notified that the City had an agreement with his builder. He never knew there was a problem until he received the letter from the City. Those pillars were in the original building plans. He had pictures of his pillars plus many other monuments located on boulevards within the City of Andover. By definition, the ordinance requires no trees, rocks, etc., in the right of way; but in driving around the City, there are numerous violations. '\ ,~/ L CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Allqll!';-r 17. 1 q'n AGENDA SECTION NO Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM f\O. Review CO~ BY: Appeal Ord. 95/149th & Bluebird Street D.L. Almgren 7. The city Council is requested to consider the appeal of Robert and Renee Bannister to allow a brick mailbox structure to remain in the city right-of-way at 14971 Bluebird Street N.W. The Andover Review Committee met and the Committee finding was that the mailbox structure needs to be removed. Ordinance 95 allows the property owner to appeal to the City Council and Council shall have the authority to affirm, amend or ') reject the decision of the Review Commi ttee. ' ('-.I MOTION BY: 1'-) TO: .r"'.~"1J..~~ . ,~. t' \III\I\t'~llli' ;: IH'JlilllllH'11I III Trilll:-;llllllilli()1\ , <( .. _ ~ _ BOll 718 ~ ,-~....4 a'O~Att.S~O"TATION ROAO OF ~_) WI~~MA". MINNesoTA ~ ' 21.1/4" typo .1 '1" cir- >' - . . I ;.., po -- , , , ~i .. -; e I Q -. ~Q .. - ...= U at 0= 'ii :G.= u _ .. .. ::l ~ Q Q >- ~ ~ co <-= (~) Four 4d nails ~ --f3)1/4" dia. x 4"'W. 7' ...., law bolts & nuts I . G)Three 16d nails If 1.112" thick wood tiller (2) 2 x 4 or 2 x 6 5' g"l;. .. . c .. .. ..~ ::l _ a:::l . . N= ..,.., . . =i:n M.., About J' to 4' arm is desirable Item No. Description ~ Required 1 1 1.112" thicK wood tiller .-...-- ..- .!:Y2" x..8:~.2~" ty~. ~ 1 5' 9" Ig. 2 x <4 ~ 2 x 6 nom. lumber .. . -.....--- - - 3 2 1/~~' ~i~~ 4'~~;._law ~l.u .!I.nuts - '. 4 2 2'6" Ig. 1 x 6 nom. lumoer . . --. . 5' 1 S' 0" ~g. 4 x 4 sq. past or 6" dia. round post · -6 . ----,- 4~ ~alva~iz,ed nai!~,a_~,n~~~ -- .. 7 l6d galvanized nails as needed. \I "iatJl · Oirel, $' '0". @<4 lC" sq. past or 6" di.... round wood post! . I . - Q . .. C. I,~ ~I'" <:::> - c CD , ') '-' Outside edge of shoulder LIST OF MATERIALS . c N~ ~ \....) · Length may vary according to ditch slope .. For 4 ft. arm .' ' RECOMMENDED MAIL BOX SUPPORT (WOOD POST) ~(" "~.~' ' .~ ; . . ~ .. <l:' ~.,. ".f ,. 0.: T~P.~ ~~ .\ it. ii i, . :,. 'H' llq I, Hlllll'llI 01 '1"1 i 1I1S1 )C IIIClli< Hl 1I0X 18e ;Z,O, TAAH'..OATAT10H AOAO WILLI4A", I4IHHItSOT A S8l01 J. 21.1/.... typo '1 ..,~A J ~i . I ;"1 ~~ I )( i .8 I :; ~j;~! :::I "Ii 0 a: ::) I .. . . .a;-a. N Co : ,- .- ~~I tj! . .... , U .. ~~: ~ 8- M~' 00 1>- .. I~ ~ !o( ~ '-.-) ,9 '~'O 11 ~oriJ/ S/2~" IIi.. hole . f~,1I4 di... lag bolts -- ' o 0 ' CDl.1/2" thick wood fill.r 2 1/4" dia. x 4.1/2"1g. lag bolts and nuts SECT. A.A ~ @3' 0"1;. 1.1/4" . nominal stnl pipe .. 0" 0" Ig. 1" pipe sleeve..; . @ Two 6.' Ig. 1.1/4" nomina' stHI pipes. Cut pipes and sleeve as n.cessary to adjust height. . About J' to 4' um il desirable ~A OUUid. edge of shoulder v<< . "'<161. .0' Irch Slo~ LIST OF MATERIALS o. Description ~lJiI 1 .- '.,1/2" th.ick wood filler 1.1/2" x 8" l( 20" typo 2 1/4" die. x 4.1/2"1;. 1<19 bolts & nuts 2 450 Ell for 1.1/4" nominal steel pip. .. _...__.. .. 0-0 _.. _ . .... .._ . .. , 14' 0" Ig: 1.:Y_'!"' nominal. steel Eip~ :. . 1_ll.1!4" to 2" !~~~ing couplinj 1 11' 0" Ig. 2" nominal stnl ip.. . .. ..... 1 ISack of premix concr.te ; 13.0" 19: 1.1/4;' -"-;~i'~I"eel pipe" . ~. 19" Ig. 1" ~~m inal st:!!..I!!~' _ ,_ :', _ 2 6.. Ig. 1.1/4" nominal steel pipe , .-- 2 1.1/4" tail pipe ciampI TA.LPIPE CLAMP Clamp Ivailable wh.r. automobile tailpipe finings are sold 450 Ell for 1.1/4" nomina' steel pipe (Welded connection illn Iltlfnat.1 "0 .. ~ -; ; -{!) 1.1/4" nominal .~ I 5tH' Pipe , ~O' ~I ~ I ~ '.114.' to 2" I Reduci~ " J Coupl.. . l' 0" I;. 2" namin.1 ,teel pipe , ,..:' .'. y. . o : .:.. /~:,' :":'::=t .. .- . ..'. ',. ,,'.. . bJ +1 l' 0" + : - M Sq. or Rd. Set post in caner eta ... . 4' typo for 48" .bove roadway shoulder length m.y w.ry ICcordinll to ditch slope .. For 4 ft. arm RECOMMENDED MAIL BOX (STEEL POST) SUPPORT \. ) '\ '-J \ j --- \.-,. ~, ~,""'''''''' .,. "":" ,1 ~ "" " ;C;~J'~:l ;~ l r.:-' " , , , 1 - - - .., 'I') 1 _r,; ~ ('I, :"' ~ -Q200 ":'?~-G;Cr) 88~-~3:" '1'1":- 1'):1 1:~-q;0C '1'"'7_1""\""':;" ()n-_p0~~ '''' '''''' i ,..... n., (." ""I c _..~ t- .: :;:~.; L, ,,. /~ :-(_'l ;'~ t:':1 : :. " (~ ~~;: 2. ~::- ',;en't :"-:::) 1 '~ (; rcdc; ,r_ ,..~ I-p C0~:2 .I:.:: , , ,. ~ ro ~ ,-. ~ .1 _, LC'~,~,,~ :: ..., -.... ,..'.'- . '..I. .,... ~, ..." 1 "......,-:. ""-. .-'" ". ~ " l' nn.... J-l....... <'- _. ~ -L. .. !' L: l '" , ) t2)'~ > ..,',',' '.:<. " , ) .--.... I~ : '~ Regular Andover City Council Meeting Minutes - August 17, 1993 Page 4 (Assessment Reduction/R. Sonsteby, Continued) justification for assessing her lots more, especially since she was told by the City Clerk that her lots were considered a part of the Meadows of Round Lake. The City is saying the Nedegaard lots were only 80 feet and hers are 100 feet; but she argued that some of the Nedegaard lots were also 90 feet and they were only assessed $1,600 each. She also felt discriminated against when in 1981 she was required to pay the equivalent of a 100-foot lot for a lot that had only 32 feet of frontage. One other lot had only 15 feet of frontage, but that owner only paid for the actual frontage. Ms. Sonsteby also alleged that in 1984, she, as the developer, paid for everything in Rosella's Addition, even for the sewer, water, blacktop and curbing that benefitted another parcel. Ms. Sonsteby again argued that the Nedegaard contract indicates he is to pay for all extensions. Since she was told her lots are a part of that development, and there are no Resolutions specifically about her lots, she felt her lots should be assessed the same. Mr. Haas explained the trunk runs past Ms. Sonsteby's lot, but she is only being assessed a lateral charge per the City's policy. Ms. Sonsteby came into the process after the petition for the Meadows of Round Lake and the signing of the Development Contract. Ms. Sonsteby is being assessed $22/front foot per the City's policy. Mayor McKelvey believed the contract between Ms. Sonsteby and the developers of the Meadows of Round Lake is that they would pay the lateral charge for Ms. Sonsteby. He felt that is a private legal agreement that does not involve the City. MOTION by Jacobson, Seconded by Perry, that the City Council deny the request of Rosella Sonsteby for a reduction in assessments for lateral service to three of her lots which she is developing. The assessments are currently $2,200 per lot and the Council reconfirms that amount. Motion carried on a 4-Yes, I-Absent (Dalien) vote. 00 APPEAL ORDINANCE 95/149TH AND BLUEBIRD Mr. Carlberg reviewed the appeal of Robert and Renee Bannister to allow a brick mailbox structure to remain in the city right of way at 14971 Bluebird Street NW. The Andover Review Committee found the mailbox structure, while aesthetically appealing and does eliminate vandalism to a degree, does not meet ordinance nor postal requirements and must be removed. The ordinance requirement was enacted in 1991, and the Building Official found the violation and submitted a letter to the owners. He had photographs of the structure. " ,--) ( - '---" In Council discussion, Mr. Carlberg stated the purpose of the ordinance is a safety factor for Public Works employees who might accidentally hit the solid structure, and it becomes a snow maintenance problem. The postal regulation is the box must be back from the curb. There are many such mailboxes around the City, so he predicted many more appeals coming before the Council on this issue. Councilmember Perry agreed that the mailboxes are much more appealing, but felt such structures in the right of way are a problem and should be removed. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5. 1993 AGENDA fIO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Planning ~ BY: ITEM f\O. Appeal Ord. No. 95 14971 Bluebird Street Brick Mailbox R. & R. Bannister NW David L. Carlberg City Planner ~, The City Council tabled this item on August 17, 1993 pending Planning and zoning Commission review and a recommendation to Council on regulating encroachments. The Council should base the decision on the findings of the previous item on tonights agenda. staff has included the packet materials from'the August 17, 1993 meeting for background information on the request. '\ '- ) . MOTION BY: ) SECOND BY: TO: ~-) ') '-~/ \ 1 ..../ " :;I.t 1:. n= 1303 'C :1"': i d 1.1 ::lg :..._~: r~ B l~ ,i 1 d :. n ~ C f f' i ~ a :. lr,83 "":"'::':;s~of.;n BC:i-:.2.....:\:-d ~:.~':. \Ld~)' .?l': :1 ~~ . ~="'''t 'J OJ ,."J .: ,,":,:(::;1 :' \ f ~.. .,.. \l.r:;;....:~J r' .: .4-.... . - '-.; ~.-......(""..: , "_ _'. 4....~ 4_ ". ,...,.-(' _ 44:) . TL~:.::':-:) ::" :'':':::8S to :i~~d :.1~d :1C~Cr.::- '-:,:?"; ....,~ V L ~.... :~Oh- ~'i"e 1... ,_ .&- 1-. .... ,~. '- .. :. ::-:.':1,-1 se....eI:".':'..~ 'fo"""l'-'+- ...'_..... ... or: T.... _. '.: ... nn l:)~:: ~'.~ (l s t : .1. :. f "~('l - .' -:~~e:"'~ n' .;~'!) ~ :"'::! ~t~"!::~'!"i::':' t!1;:~ t 1 I "-"f i.).' "" '1'.':".;:.. ........., 1 . ~ '.' .... !.: :~" J,... , ;lC' '-;1.:\('::.'!: . \ _"~ '... .4 ..... ",:._'l . ~ t. .. '- . ~ ~~~~.::~ :.~ i. '" 1". .: ~ '.~ '.. " I. :.....c.. ~ L ::2 ::. :':::2 I' .- ..: ;';: :,:::1;:; c' 1 ~ ~-2a3G. 7' 10";_ :-~:~ - :-.:- It . -za:~ :G- '(&.~ ~\.A ::: ) :,>::. : ~2::~C:.' ::'::I.:1;-li3~2:'" :tJ71 3!.:.:.:b.:..:....-l S!:.:.-eet. ~:.~':. ~.!':;::'.J"\. '"?' __~ J '.f.... . .. ~ . ::~.,'" .J .... ,'/'J--: :\',2 .,......... ...... '. "'~ ," :~ iJ.? ~~c:~2d ~ ~~e Y"':::::.u.... ... '- ~\, .... ~ , ~~1....th:.:-:; 'l:-:-t:.~ ,.. ::t':~~e,l ':~::-:; ~:::..s ~:'::':':". :"?.'13 ') ~1 .. '. .J :.... '7 7;.;:' ~'.-=r. .. ~ ...... -," .'... . ~" :"011 ....,1.-:3 ',. ..'- ~J:-ic:~\: .......,,:, h....... .:.-.....-............ ~ ..... ~ n':~;:~ r::.~"': ':',:;..1~~:2. \!0':'~:.:i;'S \:::.~.')~:.2:.. ?c.\.:..~~,; :"..:::::::.:..: ~ '_~'~' J 7: ;:2 '1:::! G.~. ~ : " - " the ..,.~ ,=> ~ .l~.. _ '_ _ ._~ " ' .. T.. _.~ ;. .......'.......- .. ') !'-./ ,,~I \ I _I CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 August 4, 1993 Mr. & Mrs. Robert Bannister 14971 Bluebird Street N.W. Andover, MN 55304 Dear Mr. and Mrs. Bannister: pursuant to your request, the issue of your brick mailbox structure will be addressed at the August 17th city Council meeting. The meeting begins at 7:30 P.M. at the Andover City Hall, 1685 Crosstown Boulevard N'. W. If you have any questions, please feel free to contact me or David Almgren at 755-5100. " Sincerely, ~h Victoria volk City Clerk " " ~ ) :'0} \ ..i'\, CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 " " June 21, 1993 Robert & Renee Bannister 14971 Bluebird street NW Andover, MN 55304 Dear Mr. & Mrs. Bannister: We, the Andover Review Committee (ARC), have reviewed your appeal and request to vary from the provisions of Ordinance No. 95, Section 4a in regard to the placement of a brick mailbox on your property located at 14971 Bluebird Street NW. The ARC has met and finds the following: 1. The Committee agrees the asthetics of the structure are appealing. 2. The Committee agrees that it does intend to eliminate vandalism. ; '--___.J 3. However, per the post office regulations it does not meet their intended requirement for a post holding a mailbox for height requirements (42 to 48 inches to the bottom of the box) and setback requirements (8 to 10 inches setback from curb). The post is to be installed in such a fashion as to facilitate the removal of snow by the post/box position. 4. The Committee finds that the structure constitutes an immediate danger to the health, safety and general welfare of the residents of Andover due to the type of material and location. 5. The Committee finds the structure interferes with the maintenance of the street, especially snow plowing and creates a hazard to the Public Works Department. 6. Note: Minnesota Statutes, Section 160.27, Particular Uses of Right-of-Way; Misdemeanors, Subd. 5. MiSdemeanors, prohibits the the placing or maintaining of any building or structure within the limit of any highway. Therefore, in revie~ing the appeal of the order of the Building Official to remove the structure (mailbox), it is the Committee's recommendation that the structure be removed. \ ,_/ SV~~ ,Dav'id Almgren ~ Building Official '-) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA rn SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM f\O. Planning ~ BY: Appeal Ord. No. 95 1469 140th Lane NW Brick Lanterns Todd & Glenda Amar David L. Carlberg City Planner ? The City Council tabled this item on August 17, 1993 pending Planning and Zoning Commission review and a recommendation to Council on regulating encroachments. The Council should base the decision on the findings of the previous item on tonights agenda. Staff has included the packet materials from the August 17, 1993 meeting for background information on the request. - ) ~ MOTION BY: SECOND BY: " TO: , ( . .", " .( \ - '-'"' Regular Andover City Council Meeting Minutes - August 17, 1993 Page 5 (Appeal Ordinance 95/149th and Bluebird, Continued) About five or six residents addressed the Council arguing there are many, many mailboxes in the City that do not meet the ordinance requirements. Those in Kensington Estates are 6x6 posts, not 4x4 as the ordinance requires. Such mailboxes are very common in many of the cities with higher-priced houses such as Eden Prairie, Bloomington, Edina. They asked why is ita danger in one community and not in others. Mrs. Bannister stated they are willing to move it back off the curb and mark it with flags and reflectors. This looks nice, as opposed to those who have various tubes and vandalized mailboxes. Mr. Bannister stated he would be willing to tear it down and start over to set the mailbox out on a post. He could submit a drawing that would have to be approved by the City. Another resident stated the ordinance was passed in 1991, but his mailbox structure has been up since 1989. He felt he should be grandfathered, but he received a letter today indicating a violation. ". ... / " '-',"--' Council discussed again noted that such mailboxes are aesthetically pleasing but are a safety concern. They acknowledged that Staff was, appropriate in following procedure, but also felt that possibly the Planning and Zoning Commission should look at the requirement again, see what other cities are doing, decide whether or not the current ordinance is still practical, and make a recommendation. MOTION by Knight, Seconded by Jacobson, to send the issue to the Planning and Zoning Commission for further consideration of review of the Ordinance for mailboxes only. Motion carried on a 4-Yes, 1-Absent (Dalien) vote. MOTION by Perry, Seconded by Jacobson, to table the appeal request until the first meeting in October. (October 5, 1993) Motion carried on a 4- Yes, I-Absent (Dalien) vote: """') & APPEAL/ORDINANCE 95/AMAR/1469 140TH LAlIE NW Mr. Carlberg reviewed the appeal request of Todd and Glenda Amar to allow two brick lantern pillars to remain in the city right of way at 1469 140th Lane NW. They are located eight feet behind the curb, but the city boulevard is 13.5 feet to the property line. The An~over Review Committee has recommended the structures be removed. The bu~lder of the house had given his word that the pillars would be removed within two weeks of the issuance of the Certificate of Occupancy. That was not done. '\ \_j '--' Todd Amar, 1469 140th Lane NW - stated he was not notified that the City had an agreement with his builder. He never knew there was a problem until he received the letter from the City. Those pillars were in the original building plans. He had pictures of his pillars plus many other monuments located on boulevards within the City of Andover. By definition, the ordinance requires no trees, rocks, etc., in the right of way; but in driving around the City, there are numerous violations. :. ) (::.,1 ~ I ) \ - ',~. '-./ ~' Regular Andover City Council Meeting Minutes - August 17, 1993 Page 6 (Appeal Ordinance 95/Amar/1469 140th Lane NW, Continued) Is the City going to require all trees and other items to be removed as well? He felt this issue is the same as the previous one dealing with mailbox structures and asked that the ordinance be reviewed. Attorney Hawkins advised that the ordinance applies to structures placed in the boulevards subsequent to the adoption of this ordinance. Mr. Carlberg stated the existing trees in the right of way would be a nonconforming issue. The boulevards are for the purpose of installing utility lines and to leave it clear for future maintenance Mr. Amar - was willing to live with the possibility that the pillars may have to be removed if maintenance is required in that area. He accepts that ris~. The pillars are an aesthetic improvement to the property, but it would not work to move them back to the property line. He again argued there are such monuments allover the place both within Andover and in other cities. MOTION by Perry, Seconded by Jacobson, that the Andover City Council deny the appeal of Todd and Glenda Amar for the property located at 1469 140th Lane NW to allow the ,brick pillars to remain in the city right of way. The reason for denial is it is not consistent with Ordinance No. 9S; and while the City Council has determined there may be a need to address the ordinance as it relates to mailboxes, the City Council has, not directed the review of the ordinance for other structures in the right of way. DISCUSSION: Attorney Hawkins thought that the Minnesota Statutes 160.27 states it is unlawful to place or maintain any structure within the limits of any highway, which applies to state, county and municipal streets. He did feel there is some provision that authorizes cities to have certain encroachments that wouldn't be a violation. The City does have the ordinance regulating this. Mr. Amar - asked that this item be given the same review as the mailbox issue just previously discussed. These types of monuments are becoming common in landscaping, plus there are other types of landscapes within right of ways. Avery, very large portion of Andover residents are affected by this issue. Councilmember Knight felt that given the possible magnitude of the problem, that the Planning and Zoning Commission should address this issue swell. VOTE ON MOTION: Yes-Jacobson, Perry; NO-McKelvey, Knight; Absent- Dalien. Motion failed. MOTION by Perry, Seconded by Knight, that this also be referred to the Planning and Zoning Commission for review at their September 14 meeting and again reiterate the fact that Staff and the Andover Review committee have acted properly in their recommendations. Motion carried on a 3- Yes, 1-No (Jacobson), 1-Absent (Dalien) vote. MOTION by Perry, Seconded by Knight, that we table Agenda Item No.8, Appeal/Ordinance 9S/Amar/1469 140th Lane NW pending recommendation of the Planning and Zoning Commission. Motion carried on a 4-Yes, I-Absent (Dalien) vote. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE August 17, 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM t-O. Review comm~ ~ ~ BY: 1. Appeal Ord. 95/1469 - 140th Lane NW. D.L. Almgren The city Council is requested to consider the appeal of Todd and Glenda Amar to allow two brick lantern pillars to remain in the city right-of-way at 1469 - 140th Lane N.W. The Andover Review Committee met on July 27, 1993 and the Committee finding was that the pillars nee~ to be removed. Ordinance 95 allows the property owner to appeal to the City Council and Council shall have the authority to affirm, amend or \ reject the decision of the Review Commi ttee.' ('_/ '\.. , MOTION BY: '\ ) TO: " " Y1. .. '\ - / ,', July 27, ~993 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 .' Todd and Glenda Amar 1469 140th Lane NW Andover MN 55304 Dear Mr. & Mrs Amar: The Andover Review Committee met on July 27, 1993 to review your appeal of not moving the two brick lantern pillars from the City Right-of-Way onto your property. As was noted in a letter dated May 25, 1993 to you it was stated to your builder (Mr. Paulson) that the pillars were in the city right-of-way and would have to be moved. He said he was under the gun to get this house closed and gave us his ~ that he would have them moved within two weeks. " , \.--/. The finding of the Andover Review Committee was that the pillars will have to be moved off of the city right-of-way onto your property. 1. City Ordinance i95 does not allow structures of such in road right-of-way. 2. It was the promise of your building contractor to move the pillars within two weeks of issuance of certificate of occupancy. 3. Minnesota statutes 160.27 subd 5 (7) it shall be unlawful to place or maintain any structure within the limits of any highway. Sincerely, 04~ David Almgren Building Official DA/jp \ " j ) , I '_I , \ ) " 735 P'I.ORIOA AVENUE. 5;OUTH GOLDEN VALL.EY, MN 55428 (<<1'2) .'54'.0'.. "".. ~1-0.7. ~UGUST 05, 1993, ,.' Dave Almgren CITY, OF 'ANDOVER '1685' Crosstown Blvd., N. W'. AndoVer; MN~S~04 ". .- Dear~Dave; , . 'In regards' to your letter dated JUlY2,7th, i993, declining my request for a'variance regarding the location of my driveway. pillars,' I would like ~o request that this matter appear ' , . before '. the city 'col,lncil f 01; C!Ppe~l.' ' , , 'I'und~r~tand~thatthis is my 'tight ~nd~r city ordina~ce '~No.95. . ' .' , " Please notify me: of the, 'date, time and locati<:in of' the .'meeting. " '," Sincerely, ~/~ " Todd R. Amar , '. '. " .' " '. '. . '. " ) \.,,-~I CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. · ANDOVER, MINNESOTA 55304 . (612) 755-5100 August 9, 1993 Mr. & Mrs. Todd Amar 1469 - 140th Lane N.W. Andover, MN 55304 Dear Mr. and Mrs. Amar: \ '-) Pursuant to your request, the issue of your two brick lantern pillars will be addressed at the August 17th City Council meeting. The meeting begins at 7:30 P.M. at the Andover City Hall, 1685 crossto~n Boulevard N.W. If you have any questions, please feel free to contact me or David Almgren at 755-5100. Sincerely, ~ t-/L Victoria Volk City Clerk . '\ <) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION october 5, 1993 DATE AGENDA /10. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA staff, Committees, Commissions 1\dministration ITEM NJ. City Hall Expansion Discussion ,~/ BVW paryl E. sulander2!1 . ~cting City Administrato ~ g. DISCUSSION The last expansion project in 1987-88 cost $55,000.00 and added 1364 square feet of office and meeting space to house the Building and Planning Departments, and half of the Engineering Department. The city Council approved reserving $50,000 of the 1993 Building Permit Revenue for building improvements earlier this year. RECOMMENDATION I recommend the City Council: 1) Initiate a City Hall e7.pansion project using the building improvement reserve as the initial funding source, and 2) Direct the Acting Administrator to coordinate a spacial needs analysis study, and 3) Prepare cost projections for expanding City Hall. MOTION BY: SECOND BY: '-- TO: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM t-O. Admin. BY: Declare Cost/Order Assessment Roll/92-20/ Woodland Creek 3rd V. Volk q. The City Council is requested to declare the costs and order the assessment roll for project 92-20, Woodland Creek 3rd Addition. Attached is the necessary resolution for adoption. V:Attach. , ~ MOTION BY: SECOND BY: "'- TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. , \ <) MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STREETS AND STORM SEWER , FOR PROJECT NO. 92-20 WOODLAND CREEK 3RD ADDITION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $262,140.08, and the expenses incurred or to be incurred in the making of such improvement amount to $ 92,717.90 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 354,857.98 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 8,498.23 the amount to be assessed against benefited property owners is declared to be $346,359.75 2. Assessment shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of th~ assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the prcper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. \ , ) ~ , 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of October , 1993 with Councilmembers voting in favor of the resolution, and Councilmembers none voting against, 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 9HBIlu S, 199J AGENDA t-D. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM t-D. Admin. BY: Adopt Assessment Roll/ 92-20/Woodland Creek 3rd V. Volk /tJ. The City Council is requested to adopt the assessment roll for Woodland Creek 3rd Addition. The developer, Woodland Development, has waived their right to an assessment hearing. A copy of the assessment roll is in my office for your review. Attached is the necessary resolution and a copy of the developer's letter. " \ MOTION BY: SECOND BY: '- TO: -09/29/93 -10: IS--a612,.-42TOI92 WOODLAND-DEVELOP 141 00 1 ~,) SeptaIber 28, 1993 Todd Haas City of Andover 1685 N. W. Crosstown Boulevard .Andover, M-l 55304 Dear Todd, This letter is in regard to the letter frcm'lKDA, dated September 22, 1993, frcm Tcm Syfko. We agree with the cost of our project and ask that the Public Hearing be waiv:ed and the assessments be placed against the project. If you need any other infot:mation, please feel free to contact me at 427-7500. , ) Sincerely, ~/J~ Byron D. Westlund Vice President BDW:jah Co. I Post.lt'" brand fax transmillal memo 7 To .-r- From co. :, ) Oep!. Phone ~ ~.). 1- .,~O r.. ~ Fax, 830 West Main Street Anoka. Minnesota 55303 (612) 427-7500 FAX: (612) 427-0192 , ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM SEWER AND STREETS, PROJECT NO. 92-20 WOODLAND CREEK 3RD ADDITION WHEREAS, the owner and developer of the above mentioned property agree with the proposed assessments and waive the public hearing and waive their right to appeal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. '-) 2. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 94 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilman City Council at a and adopted by the meeting thi s 5th day of October 19 93 with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER , '. " ) ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk ,.. , L AGENDA t-O. ITEM t-O. II. '~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 SECTION ORIGINATING DEPARTMENT Non-Discussion Items Admin. Declare Cost/Order Asesss- ment Roll/92-24/Andover Blvd. V. Volk APPROVED FOR AGENDA BY: The City Council is requested to declare the costs and order the assessment roll for Project 92-24, Andover Boulevard. Attached is the necessary resolution. V:Attach. ,~ MOTION BY: SECOND BY: TO: ,/_) o C) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF ANDOVER BOULEVARD NW , FOR PROJECT NO. 92-24 SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 319,381.63 and the expenses incurred or to be incurred in the making of such improvement amount to $ 113,903.76 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 433,285.39. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 249,628.39 and the amount of the cost to be assessed against benefIted property owners is declared to be $ Y3,874.18. 2. Assessment shall be payable in equal annual installments extending over a period oflO years. The first of the installments to be payable on or before the first Monday in January 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of October, 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 Victoria Volk - City Clerk ,r- . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA tn. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM tn. Admin. BY: Receive Assessment Rolli Order Hearing/92-241 Andover Boulevard V. Volk I~. The City Council is requested to receive the assessment roll and order the hearing for Project 92-24, Andover Boulevard, sanitary sewer, watermain and storm sewer. The hearing is scheduled for October 19th at 7:50 p.m. Attached is the resolution ordering the hearing. V:Attach. ',- /' \ -- MOTION BY: SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. C_) MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 92-24 WHEREAS, by a resolution passed by the City Council on October 5 , 19 93 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 92-24; and 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 19th day of October , in the City Hall at 7:50 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 than 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 remaining 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 regular Meeting this 5th day of October , 19~, 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 - City Clerk /---, DATE October 5, 1993 CITY OF ANDOVER ....._-~ REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Admin. Declare Cost/Order Asesss- ment Roll/92-18/Jay street NW V. Volk IS. BY: The City Council is requested to declare the costs and order the assessment roll for Project 92-18, Jay street. Attached is the necessary resolution. V:Attach. \ . ,--J MOTION BY: SECOND BY: \. TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA :,) RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN, FOR PROJECT NO. 92-18 JAY STREET NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 111,645.98 and the expenses incurred or to be incurred in the making of such improvement amount to $ 41,101.90 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 152,747.88. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 152,747.88. 2. Assessment shall be payable in equal annual installments extending over a period of Ie years. The first of the installments to be payable on or before the first Monday in January 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affe~ted, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection '--, '-/ 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of October, 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 Victoria Volk - City Clerk ( , \../ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA SECTION NO, Non-Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Admin. BY: Receive Assessment Rolli Order Hearing/92-181 Jay Street V. Volk pi The City Council is requested to receive the assessment roll and order the hearing for Project 92-18, Jay Street. The hearing is scheduled for October 19th at 8:30 p.m. Attached is the resolution ordering the hearing. V:Attach. "- r \ MOTION BY: SECOND BY: '- TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ;'-.) MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 92-18 WHEREAS, by a resolution passed by the City Council on October 5 , 19 93 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 92-18; and 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 2nd day of November , in the City Hall at 8:15 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 iess -\ than 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 remaining 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 regular Meeting this 5th day of October , 19-2.i, 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 - Clty Clerk ~/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE AGENDA 1\0. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM 1\0. Admin. BY: Declare Cost/Order Asesss- ment Roll/92-29/Echo Woods V. Volk /5. The City Council is requested to declare the costs and order the assessment roll for Project 92-29, Echo Woods. Attached is the necessary resolution. V:Attach. \.- MOTION BY: SECOND BY: \ I TO: <) . \ 2. ,_I " 'J ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. N'). MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN, FOR PROJECT NO. 92-29 ECHO WOODS THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 243,247.83 and the expenses incurred or to be incurred in the making of such improvement amount to $ 89,550.45 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 332,798.27. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 332,798.27. 3. Assessment shall be payable in semi-annual installments extending over a period of/8 years. The first of the installments to be payable on or before the 15th day in April 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. 4. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of October, 1993 with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM 1'0. Admin. BY: Declare Cost/Order Assessment Rol189-18/Storm Sewer \ ~ V. Volk~, /~. The City Council is requested to declare the costs and order the assessment roll for Project 89-18, storm sewer. This project was ordered in 1989 but the hearing for the assessment has not been held at this point. Attached is the necessary resolution. ~ V:Attach. , MOTION BY: \. I SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA C_) RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM SEWER TRUNK AND LATERAL , FOR PROJECT NO. 89-18 SE PART OF WATT'S GARDEN ACRES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the work has previously been done and a a contract has been entered into with the City of Coon Rapids for the construction of the improvements so that the total cost of the improvement will be $ 39,832.93. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 39,832.93. 2. Assessment shall be payable in equal annual installments extending over a period of/6 years. The first of the installments to be payable on or before the first Monday in January 1994, and shall bear interest at the rate of , 5.5 percent per annum from the , \ date of the adoption of the assessment resolution. \ J -~ 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of October, 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 Victoria Volk - Citv Clerk .- - CITY OF ANDOVER ~~ REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM t-O. Admin. BY: Receive Assessment Rolli Order Hearing/89-181 storm Sewer V. Volk I? The city Council is requested to receive the assessment roll and order the hearing for Project 89-18, storm Sewer. The hearing is scheduled for October 19th at 8:10 p.m. Attached is the resolution ordering the hearing. V:Attach. ,. ~) MOTION BY: TO: SECOND BY: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. C) MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR ~ROJECT NO. 89-18 WHEREAS, by a resolution passed by the City Council on October 5 , 19 93 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 89-18; and 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 2nd day of November , in the City Hall at 8:05 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 ,') than 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 remaining 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 regular Meeting this 5th day of October , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,-, , I ",J J. E. MCKelvey - Mayor Victoria Volk - City Clerk / ' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM t\O. Admin. BY: Receive Assessment Roll/ Order Hearing/92-30/1805 Andover Boulevard V. Volk ~~. o LX. The City Council is requested to receive the assessment roll and order the hearing for Project 92-30, sanitary sewer and watermain for 1805 Andover Boulevard. We have scheduled the hearing for October 19th at 7:35 p.m. Attached is a copy of the assessment roll and the necessary resolution. V:Attach. '- MOTION BY: '- ,I SECOND BY: TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA c' " , I ,--,' RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 92-30 WHEREAS, by a resolution passed by the City Council on September 21 , 1993 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 92-30; and 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 19th day of October, 1993 , in the City Hall at 7:35 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 '- than 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 remaining 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 '. \. JATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk ~) \ '-.) ...~ " " "~ " " . "" '"_l.I_'" --..... . . . . - 0 .... ~ g ~ --~~- ~-; l.I W lot W lot W w l:il,; w~ N c)Ot""'fJI"~_O__'!........i!' P\> tfN~t:-", _~_~_~t.I !,_.IoI__N 2 o .... III ~,. ." -l'-' c:. -:"_0. III 01_" .... ~~ 02 ........ DfT1 r "'(1 Ill", (I) .... :s <1" ~ rD 1I1 <1" ." o , ~~(~ o vJ(f'l1,J) ~r ~ rO~J ~ Illlll uJ u) -...j Ij UI ~~[ ..:-" ....... ~ f\lro I,J) CD ru (l"l I,J) u)-(D(rl ~ ~[t.~ .:- ..,... ~ .....(.J(jJ Illt~WuJ ~ :--,~-...j t'1 ro (oJ :I ~ 1O 1O W III -J -J -J ~, IJl ~, :s n ~ " a. m a. ~, :s 1O 1O ... ~, :s <1" ~ rD IJl <1" .t- ~u) (ll-..J~IJ) tD-....J.....C:O ~~[ltJ -J~, .. .. ... -f U1~i:.JO U1-JIll.... u) In l.J D . , . r (,oJl.J]' (f.l -J-J Ie:; ~ ~j :-1 -J;~ I.'> ~ ~ ~.~'tt.~ ~_:~ '.~_~~(l:~_:t~.~_~~_~__t.J_~~_~. ~ t e:-."~:~ ~ ":.~ ~~ ~ ~ ..!o: (j'~'~', . . '~ ':~'I~I' ; D C fTlm~ I ~ ~ ill' rn r ~ . (I) III t:l D 3: o C 2 .... Y' W III W ... o mro P)ro I 00 00 . . 00 00 e: 2(1) ~D ....~ n(l) :elll D>: )Jill Gl)J III mp) 1O1O rl)[l) t~ UI 00 (I) D D2 )J' m(l) Dm >: m )J fl.'! ro (T>(T> ~~ t~ UI 00 (I) n~1 0'1 211l zml . >:' m )J I I >: m l"l) in)) r foro I J:-11 ggl~~1 . . I Gl , 00 me: 00 Z ~ .... I [g[gi DB (Tl(tl'-;:C-l , , I Illm -t-.p. D::O 00 I ~~ -..... 01: r,) fl,,"1 0 D I ~n~'12rril Co 0 I . )J' 00 -----.., " III " flit,) P' ~ re.'! n<l:'- H m (.J , b WO 00 ~r 'I a.! I I I I (I)'IJ m tS 'IJ() 0:+0:.;... m m 3 n crt" m' , 1O ~) if -JW . 0 ~ 1O uJ [oj ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA r-o. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM 1\K). Admin. BY: Receive Assessment Roll/ Order Hearing/93-15/Lot 11, Block 7, Boundary Comm. Plat \ ~. V. Volk U /9. The City Council is requested to receive the assessment roll and order the hearing for Project 93-15/watermain for Lot 11, Block 7, Andover Boundary Commission Plat 1. We have scheduled the hearing for October 19th at 7:40 p.m. Attached is a copy of the assessment roll and the necessary resolution. 1 '-.J V:Attach. MOTION BY: SECOND BY: \.- TO: , - - - ';; " . . . . . . . . . . . . . . . " " " " " ~ ~ ~ ~ . '- " _J" .~-()-- . -~- . . --' " "'--- 0 ~~ . . . , I I I , I , I I I I , I I - - , " . " .;.... " " .... " '. '. . ,. 'I' " " ; . . . . ~ " '-./ " ',--/ " ....--/ ~' n ""1' d' m g ~ Vl'o .. ~ .... Z -1 rrJ :0 rrJ m -1 'Tl o :0 ~ <ll oJ " '" l~ '" .... m .... z n r C " rrJ " .... Z .... <ll <ll ... .... Z -1 rrJ ;0 rrJ m -1 "' . C>.....: ,. ':... ~ . I .t~,~~~,~.~~':~'~~~~~ .~~ .:- ~ .... ~ ~~:: ~ o to ;" b t: r 0... '" t... f' ~ > r. r ll> III ~: ~ No r ~ ~ ~'" 1"0 tlJ .... r.... [ ~~ ~ !.rill> b trl n) I,) I . I _~ Ol... rL' "'-J L~ Ol . , ~g I I .... ll> .:- o ... '" ,-, '" .:- o ... '" ,,' '" .:- o ... '" ", '" .:- o ... '" (" '" t~ VI o (" '" '" , tI~I".r~T~~lJ-;U D3 lO3 OIOM -iO (fJ1J t;lO-lZ DC,rrJ:!l n r~ g;~ lP': f2 I D DrrJ U1 tt'l3 ......W (J) rrn D -1\"1 1 rrJ rrJZ Z m -l t:' I rl) m CO... rrJ Z < t::I ..... rn (.J -1 ;0 .... D 3: "" 0 000 C C '" Z Z... ~ -1 t:l <ll' D <il ;0 ... -< n o 3: ~I ~I ZI 'lJ r D -1 <ll <il t~ I .J:-.J:-b ~ ... .... D ';".f'*, -I "'''''''' rrJ (DCDCO.....;:u , . b' 3: 00 OD 00 0_ Z .... '0 '"' '" .... '"' <il '" m'lJ rrJ:o '00 -1,-< rrJ n) n ;-J -1 I <ll .... (.J <lll <ll.... ," UI .... '"' '"' ll> -1 o <+ !ll ~ III CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~) RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-15 WHEREAS, by a resolution passed by the City Council on September 21 , 1993 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 93-15; and 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 19th day of October, 1993 , in the City Hall at 7:40 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 ~ than 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 remaining 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 . , , i ',j ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk r- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA r-o. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM r-o. Admin. BY: Receive Assessment Roll/ Order Hearing/93-19/Lots 8 & 9, Red Oaks Manor 4th Addn. ,\ 0' V. Volk \), ~o. The City Council is requested to receive the assessment roll and order the hearing for Project 93-19/watermain for Lots 8 & 9, Red Oa'ks Manor 4th Addition. We have scheduled the hearing for October 19th at 7:45 p.m. Attached is a copy of the assessment roll and the necessary resolution. V:Attach. '-- I \ MOTION BY: i SECOND BY: TO: ~~ (II ~....!:'! (II III ... (II (II '" "'_!.I_'" ...:"__0_<0 & ~ f-F.3~r~-=-~ ~-~ ~ ~_~__~_;;:__F,"_~I r:.. :c~ ~.rr-ffl ~ " '----"" Z -i fT1 '" fT1 00 -i " a '" ~ uJ uJ (.J Ul f' '" ~ 00 ~ Z n r c t:I fT1 t:I ~ Z ~ uJ uJ ... ~ Z -i fT1 '" fT1 00 '. / -i '- , " "--" I;-!:'" '; I :~~~~,~~~;:~:~~t~~~~~~~~'~:t~tJ - ..- z C -i fT1 fJ) "T~'T' . rn " ~ 8 ~ f! b m 6 ~. :> uJ N...... t ~ '" ...,0 t" uJ 0 00 ~ uJ bg ... ()l 0' r f, uJ ...'" ~ f\i '-J'" uJ f' 1l>0' uJ pg Ul ~ ... uJ I.: L~ uJ :.. ~ OJ 10 OJ:: f' [: t OJ:: 0' ~ uJ t uJ :;;1 ro f' t" 0 0' uJ , . t" '" ~ r ~J uJ ~ ... [ I uJ l~ ~ rv ~ uJ f' (DO' uJ , . . ()l ~ ..0 r uJ r~ ... 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"-~"" " ,- ',' ,1:1 'I t!J ~ ~ n ai '- "'0 CO~ I , (" ~<.1l tl)l.... CD<iJ ~~ 1'''' j I I I " T ~ .. " n III I :;u III 3 I" ~, r:5 ~' 6 "" loJ '0..... lD l,) 00 <.1l ~~ ~ ..., ro I'"' !'J ~ "'-J t.,) ~&; ~ ,. ~ ~ g r" I f) ~~ ~ t-J -..,J ~'J ~. , [~ t, ~ ~ t' 0 tn . . (oj toJ I"'" r I 0> ~ .f:-...J ....., COtn tn r' ., , .. , 2:; c 'r . x;: .. -;l; i:L1i~li31 6~b:s! -lOi-fln"':l, 00-:2/ ::DClTifT1::o n r ZI 0:0 P:::: (.J -;Ito< !.I:- n :0 m I ill ~~ :u~~~?~ fTl fT1 Z fTll m -1 l::! m (fl C I.p. fTl Z 01 tI """" D m -I A ..t- Ul' ...1 -; I I, ~ <.1l <.1l ... D :0< o C Z -i o o (oj ro <.1l <iJ '" ~ <.1l <iJ cr> (oJ (o.Jt., ~ :0:010 ~ W(o.Jt.J fT1 tJ)tJ)I..D......::o ~~~d5 .p..J:-~O_ I Z I , UllJ fTl:u lJo -it.., mt1 ...... -i <.1l """'" (.J <.1l1 <iJ~ (oj <.1l ~ <.1l <.1l ..... <.1l <iJ 0> -i, 01 ,. ! .. - In CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " '\ ; ) '--- MOTION by Councilmember RES. NO. to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-19 WHEREAS, by a resolution passed by the City Council on September 21 , 1993 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 93-19; and 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 19th day of October, 1993 , in the City Hall at 7:45 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 than 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 remaining 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 \ , , '-JATTEST: J. E. MCKelvey - Mayor Victoria Volk - City Clerk \-.... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Admin. BY: Accept Easement/Commercial Boulevard v. Volk ~,~. ClI. The City Council is requested to accept the attached easement from Kottke Bus for Commercial Boulevard. V:Attach. ,~ ) MOTION BY: TO: SECOND BY: ~-) \ , ) ~ ,~J ",i I ~ ~ , I Vi QI 0;:} 1 ,I 'Y ~ I I' ~: C'lI . I rt rv\ 'I 1 I Form No. 9.M-WARRANTY OEED Corporation or Partnership to Corporll.tion or Partnership Minnesota Uniform ConveYlnelnl Blinks (1978) Millef.DRv,sCo" Minnl'R[101,, No delinquent taxes and transfer entered; Certificate of Real Estate Value (vffiled ( ) not required Certificate of Real Estate Value No, (n-I'" ,19~ <;:~.. r,,\~ \I"C\~,,,- County Auditor by 00rJ('!,~~_ Deputy STATE DEED TAX DUE HEREON: $ _ 59.40 Date: June 1 ,19 -.iL (reserved for recording data) FOR VALUABLE CONSIDERATION Kottkes' Bus: Service, Inc. , 8 cor~ration under the laws of Minnesota .. Grantor, hereby conveys and w~ants to t e City of Andover I . Grantee, a . real property in municipal corporation Anoka under the laws of Minnesota County, Minnesota, described as follows: Parcel 4, City of Andover Highway Right-of-::,Way Plat No. I, Anoka County, Minnesota Torrens Certificate of Title No. 56463 The Seller certifies that the Seller does not know of any wells on the described real property. lif more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the folJowing exceptions: ~ (Q-llo"l3 1l9cefp1' ..:2.S Deed tar heIeon 01 S ~.ljO IYiJ 100 00'000 01 S ~ 'rr;, ~q\:V~"M;1 rp~~,.,.., TOl< Admlnlsll'alo<, paid paid DepuIy , B:O?!~;~t3;~~ ~t" --:; .-z;~- BY~~~: STATE OF MINNESOTA COUNTY OF 04'<' R'^-_ } ss. The foregoing was ackno'Yiedged before me this by ~~..<J_ 0 F. ../{,;:(Po""", the ..><..1_jA..-p of Kottkp'~1 Rlls Servir.:p. Inr. under the laws of Minnpsnta , NOTARIAL-STAMP"ORSEAL (oa"-OTHER-TITLE OR RANK) / dA/. day of QUH _ ,19-.2.L , and ~.-' tv, ~'~~~J and 7/,,:;'R .a.,~_ -~/J'...-7~ /p~ I a r.orrnrrltinn , on behalf of the r.nrpnratinn ~~_{?, (l~~ SIGNATU OF PERSON TAKlNG ACKNOWLEDGMENT @ S~IRi.EY A, CLlNT~-;:l _ NOTARY PUBliC - MINNESOTA .~ :L' ANOKA COUNTY !,\,,~ '" eomm..... E...... oa.,~ ,... Tu Statemente tor the r.al propert,. d'lCrtbed In thle INtrument Ihould b. unt to (lnclud. name and addr..e of Graat")l City of Andov~r 1685 Crosstown Blvd. Andover, MN 55304 THIS INSTRUMENT WAS I>llAFTED BY (NAME AND AODRESS): 1 Burke and Hawkins, P.L.C. 299 Coon Rapids Blvd., #101 Coon Rapids, MN 55433 ______1 /' ~, CITY OF ANDOVER '-' REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM t\O. Admin. BY: Award Bid/Emerald Glen/ 93-11 V. VOlk\,t. e:l:l . The bids for Project 93-11, Emerald Glen, were opened at 10:00 a.m., Friday, October 1, 1993. The bid tabulation and resolution awarding the contract will be provided at the meeting in order to give TKDA sufficient time to go over the bids for any inaccuracies. v \ \...) r- \ MOTION BY: "- ) SECOND BY: TO: / ~, CITY OF ANDOVER \.-/ REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT Todd J. Haas, Enginee<~ APPROVED FOR AGENDA Non-Discussion Item ITEM t-O. Partial Release of Woodland Pond Plans & Specs Escrow BY: .,;13. The city Council is requested to approve release of a total of $2,850.00 plus interest of the $6,000.00 for Woodland pond. The remaining $3,150.00 will be transferred to the development contract (developer's improvements such as grading and street lighting). In addition, $1,000.00 plus interest for the feasibility report will be returned. Total to be returned is $3,867.54. Note: The City has received the Letter of Credit for City installed improvements, Project 93-14. i "- "'-) MOTION BY: SECOND BY: TO: **************************************************************** ~~************************************************************~* ~~ . ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** :: WHAT'S HAPPENING? :: :: october 5,1993 :: ~~ ** ~~ ** ~~ - Carl Bolander & Sons has indicated that the ** :: hauling of clay materials for the construction :: :: of the cap on the landfill (WDE Site) will take :: ~~ at least three days of favorable weather. An ** :: additional 10 days of favorable weather will be :: ~~ needed to haul the topsoil to the site. staff ** :: has informed Bolander & Sons the City's disgust :: ~~ in how this matter has been handled and the poor ** :: communication on their part of informing the :: :: City of the actions taken on the site. :: ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ .' ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~:************************************************************?: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ '" .. . :r CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 5, 1993 AGENDA r-n SECTION ORIGINATING DEPARTMENT Todd J. Haas, Engineering ~ APPROVED FOR AGENDA Non-Discussion Item ITEM r-n Award Bid/93-11/Emerald Glen BY: The City Council is requested to approve the resolution accepting bids and awarding contract for the improvement of Project 93-11 for sanitary sewer, watermain, street and storm drain construction in the area of Emerald Glen. The 3 lowest bids were as follows: 1. Inland utility Construction 2. Annandale Contracting 3. Mille Lacs Contracting $180,952.55 $181,145.59 $189,339.50 The awarding of the bid is contingent upon the following: 1. An executed development agreement and escrow requirement received by the City. 2. Recorded final plat of Emerald Glen. 3. A revised grading/drainage/erosion control plan acceptable to the City of Andover and Coon Creek watershed District. Note: Bill Hawkins and I met with the City of Coon Rapids and Jim stanton to negotiate the acquisition of the drainage easement. Our research determined 133rd Avenue NW was not eligible for state aid because the project had not been reviewed and approved. Therefore, the City could not be reimbursed for the construction. At this point the only option appears to be to proceed with condemnation. MOTION BY: SECOND BY: TO: . I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 93-11 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF EMERALD GLEN WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 205-93, dated September 7, 1993 , bids were received, opened and tabulated according to law with results as follows: 1. Inland Utility Construction 2. Annandale Contracting 3. Mille Lacs Contracting $180,952.55 $181,145.59 $189,339.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Inland utili ty Construction as bei.ng the apparent low bldder contingent upon the following: 1. An executed development agreement and escrow requirement received by the City. 2. Recorded final plat of Emerald Glen. 3. A revised grading/drainage/erosion control plan acceptable to the City of Andover and Coon Creek Watershed District. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Inland Utility Construction the amount of $180,952.55 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember and adopted by the meeting this 5th day of City Council at a October regular , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J. E. McKelvey - Mayor ATTEST: Victoria Volk - City Clerk Monday Oct.ober. 1993 City of Andover Meet.ing Calendar Tuesday \1Iednesday Thursday Friday 1 2 3 4 5 6 7 8 9 9:00 fire Drill 8:00 Ellinent DOllilin on COllllercial C:30 Person- Blvel. nel COllm. 7:30 City 7:00 fire 7:30 Park Council ~t[l. Drill COllllission 10 11_ 12 13 14 15 16 9:00 fire Drill 7:30 P 8. Z 7:00 fire Columbus Day Iteetin[l Drill 17 18 19 2~:00 fire 21 22 23 Drill 6:30 Dev. Task force 7:30 Tree 7:30 City 7:00 Fire 7:30 Park COllmission Council I1t[l. Drill COllllission 24 25 26 27 28 29 30 7:00 f.Dept. 9:00 Safety Bus HtQ. & Disaster 7:30 ,Junk Con. Itt[l. 7:30 P 8. Z Yard Task Iteetin[l Force 31 Please call Vicki Volk at 755-5100 to update calendar. Revised g-~?-Q::I Andover Fire Department Open House Station 1 - 13875 Crosstown Boulevard October 4, 1993 8:00 am to 4:00 pm Station 2 - 16603 Valley Drive October 8, 1993 6:30 pm to 8:30 pm If anyone needs information on fire safety or group tours of fire stations, please call 755-9825. Leave message for Joyce or Kevin. October 5, 1993 DATE: ITEMS GIVEN TO THE CITY COUNCIL Park and Recreation Minutes -September 9, 1993 Planning and zoning Minutes - September 14, 1993 City Council Minutes - September 21, 1993 Anoka County Sheriff Monthly Report (August) Fire Dept Open House City Hall Addition Plans October 1993 Meeting Calendar wittington Ridge Preliminary Plat What's Happening Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. !~r- \'- .--'~ ~. . Office of ANOKA COUNTY SHERIFF QG 1O-5-Cl3 KENNETH G. WILKINSON DECEIVED 325 Jackson Street - Anoka, Minnesota 55303-221fbEP 24 1 612-323-5000 Fax 612-422-7503 v 993 CITY Ot- ANUOVER CITY OF ANDOVER, MONTHLY CO~~RACT PRODUCTIVITY, REPORT MONTH: August , 1993 This report reflects the ~roductivity of the Andover contract carE, 3125, 3135,314::: and 31:.5. It ::ieeE. r:ot :.ncl"-.lde acti",,":.ti7 j:r~ Sheriff'.:: Department cars -..;i thin the City dcl:-ing non-con:ract ~~~rs, nor, activity b~. othe~ She=iff:s Departm~nt cars ~Jitilil: t~E City du=ing contract hours. ArreEts: ~raf:ic DWI 58 5 R3.dio:allE 693 482 11 4 5 27 Co:npla:.nts F.rrests: Felony 4 l-iedi:::als G.H. o p, I. .;ccidents N:..::deLeal1c,r 17 P.I'. Accidents Pape:-s ;3erved; 2 o 36 88 [;omestics A=rests: Wa=r~n~ House Checks 24 t~arnings : 3usiness Checks 445 Aids; Public Other Agencies 74 TOTAL MILES PATROLlED: 9,147 CAPTAIK LEN CHRIST ANOrA COUNTY SHE?-.IFF' S DEP.l\.RTHENT PATROL JIVISION -7- Affirmative Action I Equal Opportunity Employer ITEM 11 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF ANDOVER BOULEVARD NW , FOR PROJECT NO. 92-24 SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 319,381.63 and the expenses incurred or to be incurred in the making of such improvement amount to $ 113,903.76 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 433,285.39. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 249,628.39 and the amount of the cost to be assessed against benefited property owners is declared to be $ 93,874.18 . 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of October, 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 Victoria Volk - City Clerk ITEM 13 CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN, FOR PROJECT NO. 92-18 JAY STREET NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 111,645.98 and the expenses incurred or to be incurred in the making of such improvement amount to $ 42,772.37 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 154,418.35. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ , -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 154,418.35. 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of October, 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 Victor~a Volk - Citv Clerk ITEM 15 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN, FOR PROJECT NO. 92-29 ECHO WOODS THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 243,247.83 and the expenses incurred or to be incurred in the making of such improvement amount to $ 195,662.51 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 438,910.34. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 438,910.34. 2. Assessment shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day in April 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of October , 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 Victoria Volk - City Clerk ITEM 16 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM SEWER TRUNK AND LATERAL , FOR PROJECT NO. 89-18 SE PART OF WATT'S GARDEN ACRES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the work has previously been done and a a contract has been entered into with the City of Coon Rapids for the construction of the improvements so that the total cost of the improvement will be $ 39,832.93. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 39,832.93. 2. Assessment shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 5th day of October, 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