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HomeMy WebLinkAboutCC October 19, 1993 ,,,~,':'i'~""i~::;"~~% ,V"i\. - ,."y " "I ~ ~ \.L j ~, "l' "");-:t:::::~:;.;.,-:;~:',) CITY of ANDOVER Regular City Council Meeting - October 19, 1993 Resident Forum Call to Order - 7:30 P,M. Agenda Approval Approval of Minutes Proclamation - Unfunded Mandates Day Presentations to Fire Fighters Discussion Items o 1. 7:35 PM - 2. 7:40 PM - 3. 7:45 PM - 4. 7:50 PM - 5. 6. 7. 8. 9. Assessment Hearing/92-30/l805 Andover Boulevard Assessment Hearing/93-15/L. 11, B. 7, Boundary Comm. Plat 1 Assessment Hearing/93-19/Lots 7 & 8, Bl.7, Red Oaks Manor 4th Addition Assessment Hearing/92-24/Andover Boulevard Receive Feasibility Report/93-21/Cedar Crest Pond Amended SUP/Propane Tank/Q-Midwest, Cont, Special Use Permit/Repair Garage/2134 Bunker, Cont. Discussion/Repair Garages/Residential Districts Discussion/2020 MUSA Map staff, Committees, Commissions 10. 11. 12. 13. 1991 Uniform Fire Code Discussion Authorize Purchase of Defibrillators/Fire Dept, Personnel Committee Items Wasteco Land Acquisition Discussion Non-Discussion Items 14. 15. 16. 17. 18. Accept Assessment Roll/Waive Hearing/92-29 Adopt Assessment Roll/92-29/Echo woods Declare Cost/Order Assessment Roll/93-22 Receive Assessment Roll/Waive Hearing/93-22 Adopt Assessment Roll/93-22 Mayor/Council Input Approval of Claims Adjournment " \ '-J CITY OF ANDOVER REQUEST FOR COUNCIL A,CTION DATE 0 c t 0 b e r I 9, I 993 AGENDA ~. SECTION ORIGINATING DEPARTMENT Approval of Minutes ITEM ~. Admin, Approval of Minutes ~ ~ . v. Volk ~. APPROVED FOR AGENDA BY: October 5, 1993 Regular meeting The City Council is requested to approve the following minutes: / "- MOTION BY: SECOND BY: '-. TO: :~ 1'\ V '\ ",_J r----------.-...-...--.--..----------.--.-------.----....-.-..----....------.---...--...----.---.---..-1 i i I PROCLAMATION 1 I : i I , , I Whereas, unfunded mandates on local government have increased significantly in recent j i years; i I i ! i Whereas, federal and state mandates do not consider local circumstances, costs, or capacity, and subject cities to civil or criminal penalties for noncompliance; Whereas, federal and state mandates require compliance regardless of other pressing local needs and priorities affecting the health, welfare, and safety of citizens; Whereas, federal and state burdens on local governments force cities to impose a combination of higher local taxes and fees on local taxpayers and/or reduce local services to citizens; Whereas, federal and state mandates are often inflexible, "one-size-fits-all" requirements with unrealistic time frames and overly specific and inflexible procedures where less costly alternatives may be just as effective; Whereas, the cumulative impact of these laws and rules directly affect the citizens of our cities; and Whereas, the League of Minnesota Cities, in collaboration with the National League of Cities, seeks to help citizens understand and then help encourage lawmakers to reduce the burden and inflexibility of unfunded mandates, beginning with a National Unfunded Mandates Day on October 27, 1993; Now, therefore, be it resolved that the City of Andover endorses the League's effort and those of the National League of Cities and will infonn our citizens about the impact of state and federal mandates on our local spending and taxes; f i i I i I ! i i i ! i I i I ! I i I 1.___........._______......__._......___.____.__.___..__.___._____._____.____...._.____.___.______..__._____.....: Be it further resolved that the City of Andover endorses this year of mandate awareness, beginning on October 27 by informing and working with members of our Congressional delegation and our state legislators to educate them about the impact of federal and state mandates and the actions necessary to reduce these burdens on our citizens. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Andover to be affixed this 19th day of October, 1993. J. E. McKelvey, Mayor . ~ \ t'. , j \ \.,' '~l 0, J " .L CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DA TE 0 c t 0 b e r I 9, I 993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM t-O. Admin, BY: Assessment Hearing/92-30/ 1805 Andover Boulevard V. Volk ~.~, /. An assessment hearing has been scheduled for 7:35 p.m. to consider the adoption of an assessment for sanitary sewer and watermain for 1805 Andover Boulevard. Attached is a copy of the assessment roll for your review, along with a resolution adopting the assessment. V:Attach, '--- MOTION BY: SECOND BY: '--- ) TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ~J MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN AND SANITARY SEWER FOR 1805 ANDOVER BOULEVARD N.W. FOR IMPROVEMENT PROJECT 92-30 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of watermain and sanitary sewer for 1805 Andover Boulevard N.W. ~ NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the-rIrst Monday in January, 1994 and shall bear interest at the rate of 5,5 percent per annum from the date of the adoption of this assessment resolution, To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994, To each subsequent installment when due shall be added interest for one year on all unpaid installments, 3. The owners, 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 resolution; and 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 30 or interest will be charged through December 31 of the next succeeding year. meeting this and adopted by day of MOTION seconded by Councilmember the City Council at a , 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 ~ ~ ~ ~ ~ ~ ~ ~;; ~--=II- ::-IO;;;" H,"'~'N:: ~_ ~I 6 ~ ~ :D C rr1~' '" r Z 0 .... .< D DITl en tt'3 UJ rlTl ITl rz UJ .... l1J C ITl i:; i r C Z .... , . .. . ~ w w w w w w w w w ...~----=------9.~(l'lUl".~---!!.......= w " " O_Cl_(t1 . . . ~_q:.....2 \. ~ ::5 <1" 111 ; 111 U1 <1" ... (> ; ~ 1.D 1.D (.) ~ '" -.I -.I -.I ~. U1 ~. ::5 n ~ " 0. 111 0. ~. ::5 ~ 1.D 1.D ... ~. ::5 <1" " 111 ; \...~ 111 U1 :'" " \.~/ Z o .... m ....~2 oz ........~ D ""i. r :::0 m~ ~o IlJ ....~ ~ ~ ... ~..... (rl~"",l..O o (.JCl'uJ ..... CON..r:- . , w*r ~ .... ~ r'J~') 1..0 (D(DQlJJ ~ :-Jr,v lq g-r ~ L . ~ ... ro N1.D CD fv U'l ill ~:--[D'" t!1 Olq '" lo)f>J I 1 I ~ .:-..... ~-WU1 CD U1[.... IJJ lJ) ..... CO ......, . . , UI r\.l'(.J ] ... t.-1.D (D--..l~~ \0 -...t~ Q::l ~ o,t" ] 'Lr1:Lej t!1-.1"'.... !J) tn (.J D . . , r !:j~;m ~ J t'~ ;-1-~ ~?' ~ 'i ~ ~Ir t ~ ~,~ ~ ~'~ ~ ~ r.~ ~~ ~ ~_~~~ r~,~ t. f, ~...., tt (,I,';I!'! 't' l" "',. ~ ft,~ N '" 'J'''' ,. t~.. " ~ ~: ~: '" w '" !-" ... o mf'!) C ~ ~ I ::; l2 ??rl -I:: 00 nlO 00 II1l i ~~ Gl'" ITl ro n) L Ul 1.D1.D D (IJrl) D Z .. ;0 . lq lq rn Ul 00 nlTl t: m '" m r"l) l"l" ~~ lq t!1 00 Ul D nz O' ZUl zrn . t: rn '" PJ fl) rv ru 00 00 . . 00 c. 0 t: nD :1:.... Dill ",,,, Gl rnC, z' ~I ... fgfgil DB (tr(tl ;o-t " mrrl ~.f:- D;:C 00 I I ~~ too&..... n~ [~rn~~~ " zm 00 '::0 00 . . . "'-"T- D _, o ~[ I "'t" I Sa,) Dr') :s N ~t I' <w 1111 ;0 ir I .. i Ii ;1 0.1 , I I I I UllJ ~6 I or roo I' 30 U"" I l1) in , fv rot -.lW . 0 ~i 1.D1 ~l I I I I 1 I :;-;--- '" . ," CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE 0 c t 0 b e r I 9, I 993 AGENDA rn SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM r-o. Admin. BY: Assessment Hearing/93-15/ Lot 11, Block 7, Andover Boundary Comm. Plat 1 V. Vo1k ,\.D. ~. An assessment hearing has been scheduled for 7:45 p.m, to consider the adoption of an assessment for watermain for Lot 11, Block 7, Andover Boundry Commission plat 1, Attached is a copy of the assessment roll for your review, along with a resolution adopting the assessment, V:Attach. '- MOTION BY: SECOND BY: \.- TO: .--J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 92-30 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W., in the City of Andover, on October 19 19 93 at 7:35 P.M. to pass upon the proposed assessment for the improvement of sanitar~ sewer and watermain in the following descri ed area: 1805 Andover Boulevard NW ,~ The proposed assessment roll is on file for public inspection at the City Clerk's Office, The total amount of the proposed assessment is $ 6,383.40 . Written or oral objections will be considered at the meeting, No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider a~y objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable, An owne~ may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL /l4: J tUb Victor~a Volk - City Clerk ,-J 27 32 24 13 0006 Donnie & Mary Kay Bodeman 1805 Andover Blvd. NW Andover. MN 55304 .....J labels92-30 '\ I 'J " ,,) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. . "\ '-J MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN FOR LOT 11, BLOCK 7, ANDOVER BOUNDARY COMMISSION PLAT 1 FOR IMPROVEMENT PROJECT 93-15 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of watermain for Lot 11, Block 7, Andover Boundary Commission Plat 1. \ V NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 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 this assessment resolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994, To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, 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 resolution; and 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 30 or interest will be charged through December 31 of the next succeeding year, meeting this and adopted by day of MOTION seconded by Councilmember the City Council at a , 19 , with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. "\ , \.,--_J CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk \!l UI ,n -~ ... ... UI UI '; ... ... :-~ ~~ _~1oI_""_ ~.9~ ~_!"_ ~~ '- _~ ~_~l ~(~~"IT ""TiI" g 8 11 ~"tl " ~ z o -i rn en ~ Z -i rn :n fTl en -i "T1 .:- l' 0 ~ '" I.- :n ~ EE ~ ~ ~ <D ~ yJ (J> rm r (.J (n :" 0 to (J> ... 0... (n l~ ~ r: ~ "" (,J "" ~ ~ en ~ Z .::, lX> n ... t" 'j r ~ ~~ .J c: t:l (.J 0: rn "" t:l ~ Z 0 ~ ... 0... <D (n t~ <D ... (,J "" r~ ~ z -i .:- rn :n 0 l~ :g rn ... r Ul ~ ...~ -i , "' (.) UI(J> to "" Ulm r .',~ I , l~ I ... I I _ IN "'... c- fr..' --J ,.J ~~ ~ (n (nO (n (nO "' .'---/ ! ;' I I "'1:: ~ J ;~..~"" ~_';'.~~_~~~~_~~~~'~'~!~ t.~-"~~_l~ ~_~_~\ ~f.'f" ~.... ~ W t~'<.;'~ '110: ~~ ~ ~. !.!~. 'J~;:O':t~ '~l ~~ ~~ t:l~O--i~ I -l m< 1..0 D DfTl [J) tt13 -(oJ en rm D-fIj rn rnz z (J) -l t' n) U) c 0 ~ rn z < tI ..... rn l.,l -i :n D 3: III 0 000 c: c: (n z Z... -i ~ :n -< n o 3: 3: Oil en ~ o z <D '" ... ~ <D yJ l~ ~ <D yJ (n ~.t-L ~ . -. D ......~' --i """" rn mCD -;:u . . b' 3: 00 OD 00 0..... Z ~ <D <D "" ~ '" '" (J> -i >) <T .. ~ In '0 r D -i Ul'O rn:n '00 -iL, rrJ~ ,;'--i <D ~ (,1 <DI "'~ l.J UI I, \ '-~ - \ "J " ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO, 93-15 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W" in the City of Andover, on October 19 1991 at 7:40 P.M. to pass upon the proposed assessment for the improvement of watermain in the following described area: Lot 11, Block 7, Andover Boundary Commission plat #1 The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $ 4,478.00 . Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing, The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~~ Victoria Volk - City Clerk n. 'I;,:y 29 n 24 31 0064 Melvin A & Ester H Niska 3737 - 143rd Ave. NW Andover, MN 55304 \~) labels93-15 - ''\ 'c _J , ) '-~./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 19, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion Items ITEM t\O. Admin, BY: Assessment Hearing/93-l9/ Lots 8 & 9, Block 7, Red Oaks Manor 4th Addition V,Volk t~, -3, An assessment hearing has been scheduled for 7:40 p.m. to consider the adoption of an assessment for watermain for Lots 8 and 9, Block 7, Red Oaks Manor 4th Addition. Attached is a copy of the assessment roll for your review, along with a resolution adopting the assessment. V:Attach. .~ MOTION BY: SECOND BY: , .j TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. \ '-~ MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN FOR LOTS 8 & 9, BLOCK 7, RED OAKS MANOR 4TH ADDITION FOR IMPROVEMENT PROJECT 93-19 FOR CERTIFICATION, WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of watermain for Lots 8 and 9, Block 7, Red Oaks Manor 4th Addition NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2, Such assessment shall be payable in equal annual installments extending over a period of 5 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 this assessment resolution, To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994, To each subsequent installment when due shall be added interes~r one year on all unpaid installments. o 3. The owners, 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 resolution; and 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 30 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilmember the City Council at a meeting this and adopted by day of , 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 '- '---' " '-./ " '--./ . . . . r;, t e . ~ ~ " ';; " " " " " . ~- " . . , . 0 . " . . , '. . ~:O;: iii'i (0..", .. .. c, 0 ~iiti ii " - , 0;--,;---- - - - - -_._-.- ~ :;; ~ ~-~-~ ~~:!: ~-~ > , ,;f-~ ~ ...:.~_~! i1 ~_'.:. ~_~~':"::':""'"c.'.. ~--.:..:.'~ '.' ~ ,~" ,. ~ .... ~ '- ~ ~ ~ . ~.-"':<r.'"'' - " -r- --- L~U .... ",--,;:; 0_1;). _~ _~~"'_\.O ",_..._ __ ,,_ lID _m__'" '" '" ,. ._w N _ 0 Z 1:1 -1::0 :n- rlJ 0 i 03: .(J)~ o~ -i ..... -iO m1J -iZ rn I;) " DC rn" r.n ~ 8 rz lGC ~; -i r.n< ... r! D Drn :- r.n lJJ3: ('I r.n rm III ru I: rn m~ ~ r.n f!) z r.n C ... -i rn z rn c ~ ~I " -i rn D r.n t :I 0 -i 0 ... 0 C -i W " . Z J: ~ 0 \D )'" La ~ -i " '" 0 t" \D ? ? ~ \D ~ , ... \D III !no \D tTl rro t" U1 f ... \D b~ ru ,I ..0 ~ f' ~~ f ..0 '" U1 ..0 r~ t I ~ I r.n ,) w~d" >:1 .. ....., D Z \D f: f ~ \D..o\D -i n f\) \D W ttJ~ I'T1 r. f' \D l..ll1J) ......::0 C tTl . . I . :I C ~ .....,.il>oD rn \D t ~~' 01-4 tl Z ~ r.n1J z rn" \D ~ 1JO ~ r~ \D -iLo \D f' r? c \D rn \D '" mO ... ~J ",-1 ..0 " ... r \D ~ Z .....(.} -i L~ \DI rn \D~ :tJ \D [!l ~ {" \D rn fv N \D r.n f' r~ tn \D -1 b [!l ~ \D [!l~ r I :- i !.I -i {T\ ....\D 0 (T\ rl) (-J .. ;" Olu) .. , . I ~ tTl ~t UI I I !.~~...LtJ:~F.-~I~_~ ~_~~<ti~.~_~l~-_~~~~'N "t '" t_(~ ri ~i ~:;i_j ~ I _ __1_ _u. ,.... ,',J- l.>t' _ -L.__ _ " I.- '- I.- '~ lJI .... .....--..--........ '" - .9_Q Ol o"j (PI ... . Iot_ " '----" '----" '-~ I I "~u I I I I u" .... H n n. .. . I II .'.~: ~~_ ~ ?:. ~ .:~_~~ ~~~ ~J!. ~:~ _ ~__~ _~__~ ~__~_~_I::_ .~J~~l~._~_~ ~ '~.ru.~_,_~ _~_ ~_~'~ _~. ~ ~ ~_ ~. \1. ri I~ _~_ ~._~:~ :.) r. "~::~ :: ;: ~ ';: ; :- (:: ;; :: ;:; or I'~ '"'" '" .J . . . ~ w ~ w w ~ ~ ~ ~ w . - 0 . . . 0 , I t . -.- -- ---- .. ~-~~ ""- ~ ~ z o .... fT1 (I) ~ z .... fT1 ;0 fT1 (I) .... 'T1 o ;0 ~ U) U) w ~ ... "" ~ UJ ~ z n r c o fT1 o ~ z ~ U) U) ... ~ z .... fT1 ;0 fT1 UJ .... t" /' t.- f\' -I 34 32 24 24 0031 Craig ~ Lucinda Sandmann 1>796 Quinn St. NW Andover, MN 55304 o 1abe1s93-19 '\ '-../ o 34 32 24 24 0032 Barry & Roberta Larkin 13788 Quinn St. NW Andover, MN 5530 ~) ,J ,-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 93-19 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W., in the City of Andover, on October 19 19 93 at 7:45 P.M. to pass upon the proposed assessment for the improvement of watermain in the following described area: Lots 8 & 9, Block 7, Red Oaks Manor 4th Addition The proposed assessment roll is on file for public inspection at the City Clerk's Office, The total amount of the proposed assessment is $ 7,878.88 ,Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk, BY ORDER OF THE CITY COUNCIL LL-:~ d~ Victor1a Vol - City Clerk CITY OF ANDOVER .' " REQUEST FOR COUNCIL ACTION DATE October 19, 1993 AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM t-O. Admin. BY: Assessment Hearing/92-24/ Andover Boulevard Sanitary Sewer, watermain, Storm Sewer V, Volk ~,~. 4. .,. '-) An assessment hearing has been scheduled for 7:50 p.m. to consider the adoption of an assessment for watermain, sanitary sewer and storm sewer along Andover Boulevard. The storm sewer costs were raised by 5% due to some additional costs not being eligible for state aid funding. The assessment roll is available in my office for your review. Attached is the resolution adopting the assessment roll. V:Attach. MOTION BY: SECOND BY: "- TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ,-J MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, AND STORM SEWER ALONG ANDOVER BOULEVARD FOR IMPROVEMENT PROJECT 92-24 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of watermain, sanitary sewer and storm sewer along Andover Boulevard \ "J NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in 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 this assessment resolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, 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 resolution; and 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 30 or interest will be charged through December 31 of the next succeeding year, MOTION seconded by Councilmember the City Council at a meeting this and adopted by day of , 19 , with Councilmember voting in favor of the resolution, and Councilmember voting against, whereupon said resolution was declared passed. - \ I '../ CITY OF ANDOVER ATTEST: J, E, MCKelvey - Mayor Victoria Volk - City Clerk 27 32 24 13 0005 James A Suanne K Ferris 1907 bndover Blvd NW And~ver, MN 55304 ,-" 32 24 13 0002 \.......-uce C Zwi rtz 1845 Andover Blvd NW Andover, MN 55304 27 32 24 13 0006 Donnie & Mary Kay Bodeman 1805 Andover Blvd NW Andover, MN 55304 27 32 24 14 0001 Carol Jean Christopherson 1703 Andover Blvd NW Andover, MN 55304 27 32 24 42 0006 John K & Karen D Ward 1846 Andover Blvd NW Andover, MN 55304 27 32 24 42 0008 Michel & Tamra Hollister . '\16 Andover Blvd NW ~Jdover, MN 55304 27 32 24 41 0003 Minnie A Helgeson 1748 Andover Blvd NW Andover, MN 55304 27 32 24 41 0007 Jolene Michael 43655 CR 35 Freeport, MN 56331 27 32 24 42 0002 Emil Paul Wicht Box 122 Staples, MN 56481 .' 'bels92-24 '-~ 27 32 24 13 0004 Betty Jean Lonergan 1865 Andover Blvd NW Andover, MN 55304 27 32 24 13 0001 Samuel V & FH Guyer 1831 Andover Blvd NW Andover, MN 55304 Chuck Cook Continental Dev Corp 12301 Central Ave. NW Suite 230 Blaine, MN 55434 Pinewood Estates 2nd Addn 27 32 24 14 0002 Harley R & Betty J Bradley Daryl Sterns 1653 Andover Blvd NW Andover, MN 55304 27 32 24 42 0005 Daniel K Barnes 1836 Andover Blvd NW Andover, MN 55304 27 32 24 42 0003 Gloria M Freyholtz 1806 Andover Blvd NW Andover, MN 55304 27 32 24 41 0005 Gerald L Zahl 1736 Andover Blvd NW Andover, MN 55304 27 32 24 41 0001 William G & KM Hupp 1650 Andover Blvd NW Andover, MN 55304 27 32 24 13 0003 Gale H & Gail M Geerdes 1853 Andover Blvd NW Andover, MN 55304 27 32 24 13 0007 Daniel J & Lorie Kaye Furey 1815 Andover Blvd NW Andover, MN 55304 27 32 24 14 0003 Carol Jean Christopherson 1703 Andover Blvd NW Andover, MN 55304 27 32 24 42 0002 Marvin J & Evelyn M Nelson 1150 98th Ln NW Coon Rapids, MN 55433 27 32 24 42 0004 David E & LM Overbaugh 1826 Andover Blvd NW Andover, MN 55304. 27 32 24 41 0004 Randolph S Jennings 1762 Andover Blvd NW Andover, MN 55304 27 32 24 41 0006 T Enzmann & C Balaski 1718 Andover Blvd NW Andover, MN 55304 27 32 24 41 0002 William G & KM Hupp 1650 Andover Blvd NW Andover, MN 55304 \ '- ) '\ '0_) ,,) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NO. 92-24 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N,W., in the City of Andover, on October 19 19 93 at 7:50 P.M. to pass upon the proposed assessment for the improvement of sanitar~ sewer, watermain, street and storm drain in the following descri ed area: Andover Boulevard NW between Hanson Boulevard NW and Crosstown Boulevard NW The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $ 93,874.18 . written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL / - r /ul /hJ::~ tJr/-v Victorla Volk - City Clerk ~ \;..Y Combined Tota1 Project Cost Summary \ "_J> Trunk Sanitary Sewer to pinewood Estates (92-8) Andover Boulevard NW Watermain (92-22) Andover Boulevard NW MSA Utility and Streets (92-24) Feasibility Report Actual Sanitary Sewer (92-8) $197,570.75 $182,555.48 Watermain (92-22) 83,900.00 74,864.29 MSA Utility (92-24) and Streets 416,500.00 433.285.39 Total $697,970.75 $690,705.16 . '\ ,-J Total Project Cost City Share Project 92-24 Assessment MSA Participating Sanitary Sewer $215,147.07 $148,276.82 $66,870.25 $ 0.00 (92-8) (92-24) $182,555.48 32.591.59 $215,147.07 Watermain $125,448.90 $38,251.36 $87,197.54 0.00 ( 92-22) (92-24) $74,864.29 50.584.61 $125,448.90 Storm Sewer & Street $350.109.19 $42.911.97* $29.970.21 $277.227.01 $690,705.16 $229,440.15 $184,038.00 $277,227.01 * The City of Andover received Turnback Funds from Anoka County in the amount of $130,000.00 for Project 92-24. $130,000.00 - $42,911.27 $87,088.73 Remaining. " ) ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 19, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM ~. Discussion Item Todd J, Haas, Engineering ~ BY: Receive Feasibility Report/93-21/ Cedar Crest Pond s. The City Council is requested to approve the following resolutions: '- 1. A resolution ordering preparation of a feasibility report for the improvement of storm drains, Project 93-21 in the Cedar Crest Estates, Cedar Crest Estates 2nd Addition, Valley View Estates and Valley View Estates 2nd Addition area, 2, A resolution receiving feasibility report and calling public hearing on improvements of storm drainage in the Cedar Crest Estates, Cedar Crest Estates 2nd Addition, Valley View Estates and Valley View Estates 2nd Addition area. A copy of the report is in your side pocket. Note: The total estimate project cost does not include legal and condemnation costs for permanent and temporary easements. If easements need to be acquired, those costs are assessed back to the benefitting property owners. 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 ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STORM DRAINS PROJECT NO. 93-21 ,IN THE CEDAR CREST ESTATES, CEDAR CREST ESTATES 2ND ADDITION, VALLEY VIEW ESTATES AND VALLEY VIEW ESTATES 2ND ADDITION AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically storm drains in the following described area: Cedar Crest Estates, Cedar Crest Estates 2nd Addition, Valley View Estates and Valley View Estates 2nd Addition ; and WHEREAS, the City Council proposes to assess the benefitting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1, The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 19th 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: J. E. McKelvey - Mayor Victoria Volk - City Clerk , '\ -~ '~.J ..J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember IN THE VALLEY VIEW AREA. to adopt the following: REPORT ANrr CALLING PUBLIC HEARING STORM DRAINS , CEDAR CREST ESTATES, CEDAR CREST ESTATES AND VALLEY VIEW ESTATES 2ND A RESOLUTION RECEIVING ON IMPROVEMENTS OF PROJECT NO. 93-21 ESTATES 2ND ADDITION, ADDITION FEASIBILITY WHEREAS, pursuant to Resolution No, , adopted the day of October , 19 93 , a Feasibility Report has been by TKDA for the improvements; and WHEREAS, such report was received by the City Council on the 19th day of October , 19~; and 19th prepared WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 79,426,31 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No, 93-21 , for the improvements, 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $__79,426,31 3, A public hearing shall be held on such proposed improvement on the 16th day of November , 19 93 in the Council Chambers of the City Hall at 7:30 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law, MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 19th 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 A'l'TEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk :-.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 19, 1993 " AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT Planning APPROVED FOR AGENDA ITEM 1'0. Amended Special Use Permit Propane Storage Tank Total Mart/ Q Midwest 13725 Crosstown Drive NW .~ BY: David L. Carlberg City planner t.. REQUEST .""- ',~ The City Council tabled this item at the October 5, 1993 meeting and directed the Planning and Zoning Commission to review a site in the north parking lot and review the variances that may have been granted on the site as a part of reviewing the commercial site plan. Upon further review by Staff, the Mayor and the applicant it is recommended that this item be brought back to the Council for review. The reasons for not forwarding the item to the Planning and Zoning Commission as directed by Council are 1) the Commission recommended approval of the tank at the proposed location and 2) the request would not appear before the Council until November 16, 1993 causing installation problems due to weather, Mayor McKelvey and City Staff met with the applicant on the site on October 11, 1993 to review the location in the northern parking lot. The proposed northern site is not visible from the store, therefore it is not a recommended location, The southern location was discussed further in great detail. Staff, Mayor McKelvey and the applicant carne to the agreement that the tank could be located on the proposed southern site contingent upon the following: 1, The tank will be reduced from 1,000 gallons to 500 gallons. 2, The tank will be moved 10 feet north to accommodate the future expansion of Bunker Lake Boulevard. CONTINUED MOTION BY: SECOND BY: , " \.-./ TO: , "\ \. ) -- Page Two ASUP - Propane Tank Q Midwest 13725 Crosstown Drive NW October 19, 1993 3. The tank will be completely surrounded by concrete filled pillars. 4. The parking space shall be designated by signage and pavement markings "for propane tank use only". 5. The western curb shall be painted yellow and "no parking" signs shall be installed. Variances The Council requested staff to research the variances granted on the site. Staff has attached for Council review Resolution R102- 87 approved on June 16th, 1987 which indicates the variance granted on the site, Variances were granted for the driveway width, parking stall size and canopy encroachment. A variance was also applied for and denied on March 17, 1993 for a variance to the 20' green space requirement. Attached is Resolution R033-87. " , ----/ Attached is a proposed resolution for Council review and adoption based on the recommendation of the Planning and Zoning Commission and Staff. /' ~', '----J . '\ '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 500 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 500 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. ~ '\ '-.J 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 500 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. .~ 5. The tank will be completely surrounded by concrete filled pillars. 6. The parking space shall be designated by signage and pavement markings "for propane tank use only". ~ Page Two Resolution ASUP - Propane Tank Q Mdwest dba Total Mart October 19, 1993 7. The western curb shall be painted yellow and "no parking" signs shall be installed, 8. The tank will be located 28 feet from the south property line. Adopted by the City Council of the City of Andover on this 19th day of October, 1993 CITY OF ANDOVER ATTEST: J. E. MCKelvey, Mayor Victoria Volk, City Clerk 1 ,_/ o , '\ ~J u ~ , " 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. o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RI02-87 " A RESOLUTION APPROVING VARIANCES REQUESTED BY THE T.F. JAMES COMPANY FOR THE PROPERTY LOCATED AT 13725 CROSSTOWN BOULEVARD N.W. WHEREAS, the Andover Planning and Zoning Commission has reviewed the request of the T.F. James Company for variances on the property located at 13725 Crosstown Boulevard N.W. as follows: 1) A variance for width of the driveways on Bunker Lake Boulevard anq Crosstown Boulevard pursuant to Ordinance 8, Section 8.08 (0)(1)' increasing the width from 30 feet to 35 feet: 2) A variance for the parking stalls from 10'x20' to 9'x18' pursuant to Ordinance 8, Section 8.08 (C) (3): A variance for the canopy over the gas pumps encroaching into the front yard setback by 14 feet pursuant to Ordinance 8, Section 6.02: and WHEREAS, after such review the Planning and Zoning Commission recommends approval of the variances citing the following: 1) the variances will not adversely affect the existing or potential use of adjacent land: 2) the variances are necessary to the reasonable use of the land: and / '\ . ) ,~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variances as requested by the T.F. James Company for the property located at 13725 Crosstown Boulevard N.W. WHEREAS, the City Council is in agreement with the reasons as given by the Planning Commission. Adopted by the City Council of the City of Andover this 16th day of June , 1987. CITY OF ANDOVER ATTEST: ~ . _ (.A../ ~ .JI'J';z/ J ry ~indschitl - Mayor / r/ ,/ . ~ 0" <.../_ ~ o.r ,_- Victoria Volk - City Clerk , '\ \.J o ,-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 033-87 " A RESOLUTION DENYING A VARIANCE REQUESTED BY THE T.F. JAMES COMPANY FOR LANDSCAPE REQUIREMENTS ON THE PROPERTY LOCATED AT 13725 CROSSTOWN BOULEVARD N.W. WHEREAS, the Andover Planning and Zoning Commission has reviewed the request of the T.F. James Company to vary from the landscape requirements on the property at 13725 Crosstown Boule- vard N.W.; and WHEREAS, as a result of such review, the Planning and Zoning Commission has recommended denial of the variance request, citing as reasons for such denial as 1) visibility at this inter- section and safety are a primary concern and twenty feet of green area is necessary to safety; and WHEREAS, the City Council is in agreement with the reason given by the Planning and Zoning Commission for denial. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the request of the T.F. James Company to vary from the landscape requirements of Ordinance 8, Section 8.04 for the property located at 13725 Crosstown Boulevard NW. . Adopted by the City Council of the City of Andover this 17th day of March , 1987. CITY OF ANDOVER ATTEST: ~. . . (, ," J rry ndsc~itl ~ -/.t:V Mayor 1:~~~ t(.a Victoria Volk - City Clerk J! CITY OF ANDOVER " ~) REQUEST FOR COUNCIL ACTION DATE October 19. 1993 AGENDA t-O. SECTION " ORIGINATING DEPARTMENT Discussion Items Planning ~ David L. Carlberg City Planner APPROVED FOR AGENDA ITEM t-O. SUP - Repair Garage 2134 Bunker Lake Blvd. NW Clifford Mistelske BY: '1. REQUEST The City Council tabled this item at the September 21, 1993 meeting pending further review of the request by Staff. The Council directed Staff to research the issue of a trucking terminal on the property. Also Staff was to investigate other uses being conducted on the property. REVIEW Staff in researching the above requested information found the ~ following: Trucking (Transportation) Terminal The Zoning Ordinance adopted in 1971, defines a "transportation terminal" as a "truck, bus terminal and storage area, including motor freight (solid and liquid) terminal, but only if accessory to principal use permitted in Industrial Districts. Motor Freight Terminal The Zoning Ordinance, adopted in 1971, defines a "motor freight terminal" as "a building or area in which freight brought by motor truck is assembled and/or stored for routing in intra-state or inter-state shipment by motor truck. On December 17, 1991, the definition for a transportation terminal was amended to remove school bus terminal from the definition. Also on December 12, 1991, transportation terminals and motor freight terminals were changed from a permitted use under Section 7.01 to an excluded use under Section 7.04 in the If Industrial District. MOTION BY: SECOND BY: '--..... TO: '".) ':J (j Page Two SUP - Repair Garage Ci ty Counci I Ocotber 19, 1993 In reviewing the definitions it appears that the use of the !.property at 2134 Bunker Lake Boulevard by definition is not a , trucking or transportation terminal or a motor freight terminal and never has been. The question really is has Mr. Olson operated a trucking business prior to the adoption of the Zoning Ordinance. If he has then his operation would be considered a lawfully existing non-conforming use. Attached for Council review is a definition for terminal and trucking terminal from The Illustrated Book of Development Defini tions, 2. Special Use Permit The Council is aware of the fact that a Special Use Permit if granted would go with the property and not the property owner or renters. Therefore, if the Council grants the Special Use Permit for a repair garage, Mr. Mistelske or any other tenant could operate a repair garage, However, the Council has the ability to establish conditions to a Special Use Permit to regulate the use. Staff in discussing this matter with the City Attorney, came to the conclusion that Mr. Olson should provide the City with a written affidavit which clearly indicates and states his use of the property prior to the adoption of the zoning Ordinance in relation to the trucking operation. Also, a Special Use Permit is needed to allow Mr. Mistelske to operate a repair garage. Attached is the resolution from the September 21, 1993 Council meeting. ~ TENNIS COURT An improved area used for playing tennis. Comment: Development ordinances should specify In which zones open or enclosed courts are permitted. ~ @ TERMINAL (I) A place where transfer between modes oftransporta- tion take place; (2) A terminating point where goods are transferred from a truck to a storage area or to other trucks, or picked up by other forms of transportation. l .. EJrJ[I] TERRACE A level, landscaped and/ or surfaced area directly ad- jacent to a principal building at or within three feet ofthe finished grade and not covered by a permanent roof. ~ t IE]rJ[I] TERRACING An erosion control method that uses small hills and con- tours on the land surface to control flooding and runoff. ~ .. [I] TERTIARY TREATMENT Waste water treatment, beyond the secondary, or bio- logical stage, that includes removal of nutrients such as phosphorus and nitrogen, and a high percentage of suspended solids. Comment: Tertiary treatment, also known as advanced = waste treatment, produces a high quality effluent. ~ THEA TER A building or part of a building devoted to showing motion pictures, or for dramatic, musical or live per- formances. II: . II: .. ~ THEATER, DRIVE-IN An open lot with its appurtenant facilities devoted pri- marily to the showing of motion pictures or theatrical productions on a paid admission basis to patrons seated in automobiles. ~ THEME PARK An entertainment or amusement facility built around a single theme which may be historical, architectural, or cultural. .. .. f t [I] THERMAL POLLUTION Degradation of water quality by the introduction of a heated effluent. Comment: Thermal pollution is primarily the result of the discharge of cooling waters from industrial processes, particularly from electrical power generation. .' IE] THROUGH LOT See LOT. THROUGH. 192 ," . 'I ~ ::".' -.. ,"",: ;1".:,;:,~,~,:"'>":_-i{.~: -,~~";~\'~;:~_\: .;-'.~J';::'{:: <" :.-::r.i'_~.:.-:.:- '....'..."...:. r....:.~. . ,""" .~ - . .',- ....',J ~ "-<:_-T~,~~.-:~~,t~!:~~~'~'15i~~::-,'l~./,r joining three ',:.j lick-up truck g. .pon which a Jaintenance, I vehicles is ing of motor into motor Jl for trucks lp also may urant facili- L r " 1.._) :if:E,gI~ c: X:~,~~~:-'.~. . -............,. r"ff.' ~t':.':~~.~.~'~ <,'_l ._ ;,.....,-:! .....",....::' "'-'."""'~.'" ,....?->;.:;.' ~..~L; IF.;f" !t.__<.~:.: ~;'c ~B l"~- . 'I:. t~. -", ~ ~~ ~.' r ~. \-:"': l t~. ~ ~. . TRUCKING TERMINAL ~ TURBIDITY An area and building where cargo is stored and where trucks load and unload cargo on a regular basis. A thick, hazy condition of air or water due to the presence of suspended particulates or other pollutants. " TUTORING TWO-F AMIL Y DWELLING OR DUPLEX ~~~~ UNDEVELOPED LAND The provision of instruction to not more than two stu- dents at any given time. Comment.' Tutoring is usually considered a home occu- pation. See DWELLING. Two-FAMILY. u Land in its natural state before development. Land in its natural state before development. See COLLEGE. Comment: While there are technical differences between colleges and universities, for zoning purposes the differ- ence is not important and no distinction need be made in the ordinance between the two uses. That part of the natural environment which is rare or not. duplicated in the community or region. Land elevated above surrounding lands. To reduce the intensity of use by decreasing density or lowering the floor area ratio or otherwise increasing bulk requirements. A program for selling vacant, usually substandard urban housing to people who will rehabilitate and occupy such housing. 199 ~rEJ~~ ~ UNIMPROVED LAND UNIVERSITY ~rEJ~~ UNIQUE NATURAL FEATURE ~rEJ~~ ~ UPLAND UPZONE ~ URBAN HOMESTEADING "rti~~~f1~~~~W~f~.;' .-, ~. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CLIFFORD MISTELSKE TO ALLOW FOR THE CONTINUED OPERATION OF A REPAIR GARAGE LOCATED AT 2134 BUNKER LAKE BOULEVARD NW (PIN 34-32-24-32~0005), LEGALLY DESCRIBED BELOW. WHEREAS, Clifford Mistelske has requested a Special Use Permit to allow for the continued operation of a repair garage on the property located at 2134 Bunker Lake Boulevard NW (PIN 34-32- 24-32-0005), legally described as follows: The North 658 feet of the East 312.5 feet of the Northwest Quarter of the Southwest Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota; Except Roads; Subject to Easements of Record; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and o WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to allow Clifford Mistelske to continue the operation of a repair garage on the above described property with the following conditions: 1. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2, The Special Use Permit will be subject to annual review and site inspection by City Staff. 3. The applicant shall secure a Hazardous Waste Generator's License from Anoka County and provide proof to the City. 4. The site shall be subject to meeting the requirements of Ordinance No.8, Section 8.08, parking. ~ ,~ 5. The building shall be inspected by the Andover Fire Marshal and Building Official for code compliance, /~ .') ',-" .. '1 \..J Page Two SUP - Repair Garage Clifford Mistelske 2134 Bunker Lake Boulevard NW September 21, 1993 Adopted by the City Council of the City of Andover on this 21st day of September, 1993. " CITY OF ANDOVER ATTEST: J. E, McKelvey, Mayor Victoria Vo1k, City Clerk Regular Andover City Council Meeting Minutes - September 21, 1993 Page 9 ~J (Public Hearing/Quinn Street, Continued) MOTION by Jacobson, Seconded by ~erry, to close the public hearing. Motion carried unanimously. ~J The Councilmembers each expressed their opinion on the testimony this evening and on the problems in the Red Oaks Manor neighborhoods. The majority agreed Quinn Street should be re-opened. It was noted the City cannot solve all of their problems, that the best solution would be to work together to resolve the issues of children in the streets, curfew, etc. A resident mentioned there are gangs in the neighborhood. The Council indicated the City needs to know that and to get more law enforcement for that. The speeding is done by the people who live in the neighborhood, and the people need to be policing themselves. The Council generally favored the installation of more stop signs as the violation of not stopping can be prosecuted with the evidence on video. They were not in favor of speed bumps. They were also glad to see people willing to pay more taxes for increased police protection, again noting that is being studied by the City. MOTION by Jacobson, Seconded by Knight, that the City Council direct City Staff to open Quinn Street and move the barricade as the first step. Second step is to install the necessary stop 'signs at 137th and Quinn, 138th and Quinn and 139th and Quinn, two, three or four depending on the intersection. Also direct the Mayor to activate a neighborhood group consisting of up to 12 resider.ts to study the whole issue that has been discussed tonight and suggest to the Council further steps that could be taken over time. In addition, if the Council determines that these actions that have been taken tonight do not solve the problem, the Council will then consider the use of installing nonsurmountable curb speed bumps and even vertical side barriers to protect that corner, that is the curve at the lower end of Quinn Street. DISCUSSION: The Council indicated the barricades on Quinn Street will be removed as soon as possible, that the road probably could be open tomorrow. Motion carried unanimously. 9:37 p.m. The Council recessed at this time; reconvened at 9:45 p.m. @ SPECIAL USE PERHIT/2B' BUNKER LAKE BOULEVARD/AUTO REPAIR GARAGE MOTION by Knight, Seconded by Perry introducing the Resolution granting the Special Use Permit as presented (Clifford Mistelske, 2134 Bunker Lake Boulevard NW). DISCUSSION: Councilmember Jacobson was concerned about the repair and maintenance of large semi-tractor trucks, since many are parked there; and suggested a provision be added to the Special Use Permit that the repair garage be limited to vehicles under a specific size. In discussing the matter, the specific size was not ) readily known, though the ordinance does not allow the storage of ~_ business vehicles in residential areas that are over 12,000 pounds. Regular Andover City Council Meeting Minutes - September 21, 1993 Page 10 ::J (Special Use Permit/2134 Bunker Lake Blvd/Auto Repair, Continued) Clifford Mistelske. - stated he repairs anything that is ,'in need of repair, but he is not geared for anything big. He basically works on passenger cars, three-quarter- to one-ton trucks, RV's; but nothing in the over-the-road type equipment. He would not be able to do the motor work on a 2 1/2-ton truck, for instance. He is restricted by the amount of room he has. Mr. Mistelske stated he has no employees and noted the cars that were cited by the City a year ago were not his. M. R. Olson, owner of the orooertv - stated Mr. Mistelske is only one of eight different tenants on that property. He only has stalls for two vehicles inside the building. He asked why Mr. Mistelske should be restricted as it can be reviewed on a yearly basis. The property has been used for vehicle repair, including large semi-trucks, for years. Mr. Olson claimed the parcel is and has been used as a truck terminal since 1940, which has been grandfathered in. As a part of that business, the repair of those trucks is allowed under the ordinance. It was then determined that there are other renters in the same building Mr. Mistelske has his repair business. Mr. Carlberg was not aware of the other businesses and wanted to investigate that as well as the background on the truck terminal businesses, as such uses are no longer permitted under the ordinance. He also wanted to research the granting .~ of the Special Use Permit when there are other renters, as technically ,~ the Permit is tied to the property and Mr. Olson. Conditions on the permit would go with the property and any other tenants. Because of the issues raised this evening, the Council agreed to table the item. for further research. Staff was asked to research the trucking terminal issue and the repair of those trucks. Councilmembers Perry and Knight Withdrew the Second and the Motion. MOTION by Jacobson, Seconded by Perry, to table the item until the next regularly scheduled meeting, but in the mean time until Council takes action, allow Mr. Mistelske to continue what he is presently doing there until we do make a decision. Motion carried unanimously. APPROVE STREET SPECIFICATION CHANGE MOTION by Knight, Seconded by McKelvey, to table this item. Since this item was placed on the agenda, the representatives of the developers have asked to review TKDA's recommendation on this. Motion carried unanimously. SCHEDULE JOINT JUNKYARD TASK FORCE/CITY COUNCIL MEETING "~) The Council agreed to schedule a joint meeting with the Junkyard Task Force for Wednesday, October 27, 1993, 7:30 p.m. CITY OF ANDOVER ,,) REQUEST FOR COUNCIL ACTION DATE October 19, 1993 AGENDA toO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM toO. Planning ~ BY: Repair Garages (Tire Service) in Residential Districts David L. Carlberg City Planner g'. r~ Request The Council is requested to review and discuss the operation of repair garages (tire services) in residential districts. Currently, the City does not allow repair garages in residential districts. The Planning and Zoning Commission discussed the use at their September 28, 1993 meeting. Attached for Council review is the background information submitted to the Commission on September 28, 1993. '-, Planning and Zoning Commission Review The Planning and Zoning Commission on September 28, 1993 discussed the above in great lengths. Attached are the minutes from the meeting for Council review. The Commission made the motion to forward the item to the Council with the direction that an attempt be made to resolve the issue through litigation. The Commission recommends that no changes be made to the Zoning Ordinance. If the item cannot be resolved through litigation then the Special Use Permit provision in Section 5.03 should be utilized. Attached is Section 5.03 for Council review. MOTION BY: SECOND BY: .. TO: "_/ u CITY of ANDOVER SEPTEMBER 28, 1993 The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on September 28, 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, Jerry Putnam, Jay Squires None City Planner, David Carlberg Others Commissioners absent: Also present: APPROVAL OF MINUTES September 14, 1993: Correct as written. MOTION by Apel, Seconded by Peek, to accept the September 14 Minutes as written. Motion carried on a 6-Yes, 1-present (Pease) vote. ~ DISCUSSION - REPAIR ~ARAGES (TIRE SERVICE) IN RESIDENTIAL DISTRICTS ~ Mr. Carlberg explained the Zoning Ordinance adopted in January, 1971, ~ does not allow repair garages by special use or permitted use; and he reviewed the definition of repair garages. He also referenced the research of other communities, none of which allow repair garages in residential districts. Staff has come to the conclusion that Andover's ordinances for home occucations is one of the most flexible and lenient, as most communities do- not allow home occupations in attached or detached garages. Staff does not recommend any changes to the Zoning Ordinance that would allow repair garages in residential districts. Mr. Carlberg stated he has prepared a Resolution relating to Crooked Lake Tire which he has forwarded to the City Attorney; however, the Attorney has not yet responded. u Discussion was on the variance request of Crooked Lake Tire. Commissioner Apel questioned why it should come back to them if the use is not allowed by Special Use Permit nor by a variance. He does not favor changing the ordinance but also would not be a part of any attempt to shut the business down. He did not feel it would be setting a precedent to allow Mr. Kunza to continue operating, since there are no other tire repair businesses that have been in operation for 17 to 18 years. This is an operation that the City has done business with over the years; and given that, the owner has some expectation that he will be allowed to continue, not be allowed to stay in business for 17 years and then shut down when a competitor complains. Since the issue began at the Council level, Commissioner Apel felt they should find a way to allow Mr. Kunza to stay in business. Mr. Carlberg stated the item was tabled and needs to be addressed unless the applicant withdraws the request. Staff determination is that any ordinance violation is prohibited and that the ordinances must be enforced uniformly. Andover Planning and Zoning Commission Meeting Minutes - September 28, 1993 Page 2 ~ (Discussion - Repair Garages in Residential Districts, Continued) Commissioner Squires felt the request is a use variance and is not appropriate. He also agreed with Staff that the ordinance should not be changed to allow this type of use as a home occupation and that rezoning is not proper because it would be spot zoning. He felt the City Council should deal with this issue. Commissioner Peek felt the problem with repair garages is the fact that they are dirty and noisy businesses. He wondered if there could be a stricter definition and look at limited aspects of automobile servicing. Mr. Carlberg felt those are subject to interpretation. Chairperson Dehn agreed the ordinance should not be changed. The Crooked Lake Tire issue is a special situation since it has been ongoing for l7 years and the City has participated in purchasing tires from it as well. Also, it was next to a Neighborhood Business center when it began. The fact that it is now residential is not the fault of the business. .J Commissioner Squires stated a complaint was served against Mr. Kunza, and he felt this is a litigation. He was concerned about the prospect of exempting the operation from the ordinance altogether, feeling that opens up a whole problematic area. Perhaps the City Council could, in' the context of resolving the potential litigation, consider some terms, whatever terms the Council desires, which technically would not constitute as much of a precedent as simply enacting a resolution to not apply the ordinance in this case. If there is some pending, threatening or existing litigation, then it is limited to this unique situation. '"J Steve Klinowski, 3512 135th Lane - is in research for the building and construction trades. Their attorneys represent the Cities of White Bear Lake, Vadnais Heights, and Roseville. When thinking of a service garage or service station, it involves changing oil. When a mechanic is on site changing oil and transmission fluid, a license is necessary from the County of Anoka because hazardous wastes are produced. Mr. Kunza does not produce hazardous waste and does not require a license from Anoka County. He suggested in the ordinance defining service garages, the changing of tires could legally be exempted because hazardous waste is not being produced. He suggested the Cities of White Bear Lake, Vadnais Heights and Roseville be called because changing tires is a permitted use in those cities. He suggested the ordinance be amended to allow the changing of tires because no hazardous waste is being produced. Ken Orttel, 2772 Bunker Lake Boulevard NW - stated Mr. Carlberg had mentioned to the City Council on August 3 the provision in the ordinance that certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be suitable and a Special Use Permit may be granted. He asked if the City Attorney advised that this provision does not apply. Mr. Carlberg stated the Council did not seem interested in that as an option in this case. It was not discussed. Andover Planning and Zoning Commission Meeting Minutes - September 28, 1993 Page 3 :.J (Discussion - Repair Garages in Residential Districts, Continued) ~J Mr. Orttel - wondered if that is a legal option for Mr. Kunza. Does that give him basis to apply for a Special Use Permit? Mr. Carlberg stated he may apply for the Special Use Permit under that provision. Mr. Orttel - according to the Council motion at that meeting, he felt the Council is waiting for a specific recommendation from the Commission in the way of changes to the ordinances to allow this. If this provision does allow it, he felt that would be the simplest procedure to use because of the uniqueness of the situation. He noticed that some cities differentiate between minor and major service type operations. He felt this type of business does exist in the other cities around Andover like Ramsey, Oak Grove, Ham Lake -- cities that were not contacted. There are some types of service that are quite minor, and this is one; and he thought there are scores of these types of businesses in the City. He related a personal experience of becoming aware of a business in Andover where automobile and boat detailing is done in a carpeted garage which is cleaner than most people's living rooms. The businesses of auto detail~ng, tires, batteries, tune-ups, certainly do exist; and he felt the ordinance should allow those types of minor services. If the ordinance is written strong enough with inside work, minifllum number of cars, no signs, word-of-mouth type business, he didn't think it would be 'offensive. He also felt the ordinance could require something like 75 percent of the neighbors within 500 feet approve of the business in writing. That narrows it down and would limit the number of these types of businesses. That way this minor repair is allowed for everybody; and if the neighborhood approves, there is no problem. John Kunza, Crooked Lake Tire - has many customers from Anoka, including 4/5 of the City Council. Those Councilmembers researched their ordinances and found that if he was located in the City of Anoka, they would have no reason to get rid of him and would allow him to continue operating. Mr. Carlberg stated the Anoka Staff has indicated a different policy than what the Council is indicating. Commissioner Squires felt the Commission's preference is to refer the item back to the City Council for them to resolve. They understand the legitimacy of Mr. Kunza's position. Chairperson Dehn felt the o~her avenues of resolving the Crooked Lake Tire issue through a Special Use Permit and defining the major and minor services in the City with restrictions should also be pursued. She agreed the ordinance should not be amended and that this item should be dealt with by the City Council. Mr. Carlberg stated Mr. Kunza could apply for a Special Use Permit under the clause noted by Mr. Orttel. The Permit could establish specific findings of fact that would establish this as unique and that the Special Use Permit would apply. That was raised at the City Council meeting but was not discussed. The Commission felt the City Council . ) should look at that provision again. '-~ Andover Planning and Zoning Commission Meeting Minutes - September 28, 1993 Page 4 '-) (Discussion - Repair Garages in Residential Districts, Continued) Commissioner Squires didn't want to see Mr. Kunza put through another procedure. His preference would be to see if it couldn't be resolved through the Council through the settlement of litigation concept first. The issue could then be resolved expediently with the Council giving direction, reaching 'an informal agreement with Mr. Kunza, and an agreement drafted. If that doesn't work, then put him through the procedure again. He felt the language of the ordinance provision raised by Mr. Orttel is broad enough to apply in this instance. Mr. Carlberg stated Mr. Kunza could withdraw the variance request; otherwise the Commission must consider it again since it was tabled. Commissioner Peek did not agree with throwing this back to the City Council. He felt there potentially are some clean auto-related businesses in the City and that it may be appropriate at this time to examine amending the ordinance. Commissioner Apel tended to agree, that it may be appropriate to designate major and minor activities. Commissioner Putnam agreed with Commissioner Squires that the item be resolved through the settlement of litigation concept first; however, he preferred using the Special Use Process for those types of uses rather than coming up with major and minor activities, as there may be some businesses out there that may not fit those definitions. " \ MOTION by Squires, Seconded by Jovanovich, that we send the Crooked Lake ~Tire issue back to the Council with direction that attempt should be made to settle the whole issue with Mr. Kunza in the context of settling litigation. That we don't recommend any changes to the ordinance; and that if it can't be resolved, then the Council should look closely at the catch-all Conditional Use Permit provision. Motion carried on a 5- Yes, 2-No (Apel, Peek) vote. Commissioner Apel opposed the motion because he felt the best way to handle the issue is to run it through the Special Use Permit process. But before that is done, however, there should be some consensus as to whether or not it would be approved. He didn't want Mr. Kunza to go through another procedure for nothing. Chairperson Dehn had concerns with the conditions of a Special Use Permit, also not wanting to have Mr. Kunza go through that only to have it defeated. Mr. Carlberg stated the item will go forward without the variance and will be placed on the October 19, 1993, City Council agenda for discussion. The Commission agreed to leave the variance request tabled until after the City Council discusses the direction asked for in the motion. DISCUSSION - ORDINANCE NO. 95, BOULEVARD ENCROACHMENTS Mr. Carlberg stated this was tabled at the September 14, 1993, meeting for further review by Staff and City Attorney. Staff was not clear as . ,to what changes were to be made other than to look at a hold harmless ~_) clause for those mailboxes that are non-conforming. The City Attorney did not fet:... a hold harmless clause was appropriate and did not recommend it. The Attorney felt the ordinance regarding mailboxes either Ordinance No.8, Section ;~ 1(5.03 Special (Conditional) Uses General Statement (A) Special Use Permits may be granted or denied in any district by action of the City Council. The Andover City Clerk shall maintain a record of all Special Use Permits issued including information on the use, l~cation, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the Special Use Permit shall also be filed with the Building Inspector. (J) Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the Special Use Permit shall require an amended Special Use Permit and all procedures shall apply as if a new permit were being issued. All uses existing at the time of adoption of this Ordinance and automatically granted a Special Use Permit, shall be considered as having a Special Use Permit which contains conditions which per~its the land use and structures as they existed on said date and any enlargements, structural alteration, or intensification of use shall require an amended Special Use Permit as provided for above. ._\ \.J ~ Certain uses, while generally not suitable in a particular zoning district, may, under some circumstances be suitable. When such circumstances exist, a Special Use Permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be granted for that particular use and not for a particular person or firm. The cancellation of a Special Use Permit shall be considered administratively equivalent ~o a rezoning and the same requirements and procedures shall apply. ~r--cr~~eiia For Granting Special Use Permits: In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning Commission and: 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. o If it shall determine by Resolution that the proposed use: will not be detrimental to the health, safety, morals, or general welfare of the community n. \;.;J Page 42 ,-) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION September 28, 1993 DATE AGENDA ITEM 3. Discussion Repair Garages (Tire Service) in Residential Districts ORIGINATING DEPARTMENT Planning -~ David L. Carlberg ~ City planner APPROVED FOR AGENDA BY: BY: REQUEST The Andover Planning and Zoning Commission is asked to review and discuss the issue of allowing repair garages (tire service) in residential districts. The request is directly related to the variance request of John Kunza, Crooked Lake Tire reviewed by the Commission on July 13, 1993. Mr. Kunza had requested a variance to allow his commercial operation (tire service) to continue operating in a residential district zoned R-4, Single Family Urban. The Commission tabled the item pending further review and Staff recommendation on permitting and regulating said use. Attached are the minutes from the July 13, 1993 meeting The c~ty Council during Mayor/Council Input at their August 3, 1993 meeting discussed the issue above. Attached are the minutes \ for Commission review. ) Zoning Ordinance provisions Ordinance No.8, Section 7.01, Permitted Uses, lists those uses permitted in an R-4, Single Family Urban District. Repair garage is not a permitted use in an R-4 district. Ordinance No.8, Section 7.03, Special Uses, lists those uses allowed by Special Use Permit in Residential Districts. Repair garage is not permitted by Special Use Permit in a residential district. Ordinance No.8, Section 3.02, defines a repair garage. A "repair garage", is any building, premises and land in which or upon a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered. Ordinance No.8, the Zoning Ordinance, since its adoption on January 1, 1971, has never allowed repair garages by permitted or special use in a residential district. ) o Page Two Discussion Auto Repair Garages - Res. Districts P & Z Meeting September 28, 1993 OTHER CITY ORDINANCES AND REGULATIONS Staff in researching how such a use as repair garage (tire service) would be allowed as a permitted use or a use allowed by Special Use Permit consulted other communities in the metro area. Staff also requested information from the League of Minnesota Cities. Anoka Does not allow home occupations such as repair garages in residential districts. Does not allow home occupations in garages or accessory buildings as well. Blaine .J Ordinance is included in the packet materials. Discourages home occupations in accessory buildings or garages. Brooklyn Center Ordinance is included in the packet materials. Does not allow auto related businesses as home occupations. Small engine repair is only motor related occupation allowed. All home occupations require Special Use Permit when located in garage or accessory building. Brooklyn Park Ordinance is included in the packet materials. Does not allow motor vehicle repair and service as a home occupation. Coon Rapids Does allow some uses in accessory buildings or structure but nothing related to servicing automobiles. Corcoran Ordinance is included. Does not allow auto repair and servicing as home occupation as of May 8, 1986. A Non-conforming use lawfully existing prior to said date may continue for 20 years or until present ownership ceases. \ , ) Page Three Discussion Auto Repair Garages - Res. Districts \ P & Z Meeting \_) September 28, 1993 Cottage Grove Ordinance included. All home occupations require permit. Auto repair is prohibited. Fridley Ordinances included. Does not allow home occupations in garages or accessory buildings. Auto repair and servicing would not be allowed. CONCLUSION -J In'contacting other communities and reviewing their ordinances related to home occupations and the repalr or servicing of automobiles, it is clear that no community contacted would allow such a use in a residential district. In fact, communities have amended ordinances to remove them from residential districts. The city of Andover has one of the most flexible and lenient home occupation regulations of most communities. Staff cannot recommend amending Ordinance No.8, Section 4.30, Home occupations at this time. In contacting communities, Staff did find one unique case in which the community by resolution acknowledged a home occupation (Garden Center) as a legal non-conforming use. The community by resolution allowed the business to continue in the manner it currently is operating, however no expansion of the business is permitted. The community made findings of fact that gave the business special acknowledgement. The Commission should note that Crooked Lake Tire is a non-conforming business and is illegal according to the Zoning Ordinance. The City Attorney has been consulted and Staff will present additional information if available. " ~ /Q~', \. 6 .: ..... .- . . CITY of ANDOVER . \ 'J " PLANNING AND ZONING COMMISSION MEETING - JULY 13, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on July 13, 1993, 7:30 p.m. at the Andover City Hall, 16S5 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Bev Jovanovich, Becky Pease, Randy Peek (arrived at 7:34 p.m.), Jay Squires Marc McMullen City Planner, David Carlberg Others Commissioners ab$ent: '\ Also present: APPROVAL OF MINUTES June 22, 1993: Correct as written. MOTION by Apel, Seconded by Jovanovich, .to accept the Minutes as written. Motion carried on a 5-Yes, 2-Absent (McMullen, Peek) vote. ,OJ VARIANCE: AUTO REPAIR GARAGE IN 'RESIDENTIAL DISTRICT - 2814 134TH AVENUE NW, JOHN KUNZA (Commissioner Peek arrived at this t;~e, 7:34 p.m.) Mr. Carlberg reviewed the request of John Kunza to continue operating a commercial use known as Crooked Lake Tire in a residential district. He noted Ordinance No. S, Section 5.04 establishes the variance procedure which must have to do with the characteristics of the land and not the property owner. Because repair garages are not permitted in residential areas and have not been allowed since the ordinance was adopted on January 1, 1971, Staff is recommending denial of the request. During the discussion, it was understood that the business had been in operation for lS years and that it was brought up now at a Council meeting and Staff pursued it further. Mr. Carlberg stated Staff has received not received complaints, though the issue has been raised. "J John Kunza, 2S14 134th Avenue NW - started the business lS years ago. Because of an accident, he was not able to be employed, so he started this. He sells new and used tires, mounts and balances them; that is all. The only oil he changes is for his own trucks. The City has purchased tires from him over the lS years, including as recently as a week ago Friday. Last October the City granted a permit to expand his garage by lS' x 24' because he needed more room. Three days after the last inspection, he received a letter from the City saying he was supposed to cease business by October 2S. He didn't think that was fair. He also reviewed the use of the other buildings on his parcel, one being used to store used tires, lawn mower and equipmen~, and the other to s~ore wood and old rims until there is enough to haul away. Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 2 "- , ) ~ (Variance: Auto Repair Garage in Residential Business, Kunza, Cont.) Mr. Kunza stated he has had no complaints from his neighbors, plus he is supported by the other businesses in Andover. He presented a petition signed by residents who wish to see him continue his operation. He also had pictures of several residences and challenged the Commission to determine which one is his. He stated there have never been tires stacked outside on his premises and that one cannot even tell that he runs a business there. There are no signs, no junk, never a lot of cars around, and he works normal hours. The number of cars daily varies, probably around ten, though many are there just to talk to him because they know he is home all the time. Mr. Carlberg researched the building permit application and found that it did not request the expansion for commercial purposes. Ken Orttel, 2772 Bunker Lake Boulevard NW - has lived at this address for three years, but for the prior ten or so years he lived next door to Mr. Kunza. He lived there for a period of time before he knew about the business, which speaks to the type of business Mr. Kunza runs. Mr. Kunza has also told him that he received a summons this last Friday giving him 20 days to respond. At first Mr. Orttel didn't think that was right because the hearing wasn't until today. He didn't know how this happened that a summons was served before the hearing, but that is unacceptable in the City of Andover. ,J '-~ Mr. Orttel stated the City ordinance adopced in 1971 was basically cloned from the City of St. Louis Park. Over the years it has been amended frequently as needed to keep up with changing times and the changing community standards. Basically local ordinances are a codification of the standards and the values of the residents of the City. Initially no businesses were allowed in the homes, and it was amended over the years to allow more and more businesses in the homes. Today more and more businesses start in the homes. When recent changes in the ordinance were made to allow service-type businesses, the automobile type uses were eliminated. This resulted from the City's "autophobia" because of what happened in the early days with ':.he junkyards; and in some cases the bandage has been bigger than the wound ever was. The ocher reason they were not allowed is auto repair garages were determined not to be able to operate in a residential type setting and wouldn't be acceptable. It is interesting to note that Mr. Kunza operated in a residential area for 18 years and he is noc aware of a single complaint from the neighborhood. Mr. Orttel stated the ordinances aren't keeping up with the standards and values of .the community. He related a past practice of several Planning Commission members seeking ou':. and reporting on their neighbors, and the Council said no. The neighborhood sets the standards, and that has worked well for years in Andover. He felt Mr. Kunza gives the best example of how this can exist in the neighborhood. Mr. Orttel felt the variance procedure is not the best way to handle this situation. He proposed allowing it under a Special Use Permit Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 3 .. ) Charlie Veiman, 13646 Crooked Lake Boulevard NW - agreed with Mr. Orttel. He has known Mr. Kunza for 16 years and has used his service. The facilities are very clean. The customers ar~ treated well, the way they liked to be treated. A Special Use Permit was given to another business in the area, Sloth Brothers Nursery, plus others in the City. About 70 percent of the new jobs are being created by small businesses, and more jobs are needed in the United States and in Minnesota. He , asked what is the business doing to the neighborhood. It is ',--.J beneficial, and the residents want to see the City do what is right and allow him to continue. Marvin Davis, 2829 134th Avenue NW - can see everything that goes on in Mr. Kunza's yard from his front window. There has never been a problem with traffic or unsightliness. He has lived there since 1980, and one of the things he likes about having the business there is that it brings people to the neighborhood during the day. There is a row of empty houses without it. His wife has said it is nice to have someone around during the day and has eliminated the 9roblem of burglaries found elsewhere in the City. He has never observed Mr. Kunza changing oil or antifreeze or anything else that would lead to the general complaints of a service garage. No hazardous material, parts, or broken vehicles lie around there. When the garage door is closed, there is no way to tell there is a business there. Mr. Davis aporeciated the fact that Mr. Kunza opera~ed his business in the -neighborhood and would be disappointed if he were not allowed to 0gerate. , ) Mr. Orttel - noted when the business was started, the area directly across the street contained the Crooked Lake Store and a bar, which until ten years ago was one of the roughest bars in Anoka County. There is also Millie's down the street and the Crooked Lake Park, which is almost a commercial-type business. When he lived there, the traffic from Crooked Lake beach was parked all the way up Crooked Lake Boulevard. He also noted that one of Anoka County's largest employers, Medtronics, was started in a garage in Columbia Heights; and the City allowed them to continue. There are many, many businesses operating out of garages and basements throughout the United States. It is not all bad. Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 4 ~-) (Variance: Auto Repair Garage in Residential Business, Kunza, Cont.) Jack McKelvev - sta~ed he is not before the Council as Mayor, but as a resident and friend of John Kunza for at least ten years. He has spent many hours at Mr. Kunza's place and has never seen tires setting outside and never more than one or two cars in the driveway at a time. Half of the people there just stop by to visit. Mr. Kunza runs a clean business, and Mr. McKelvey agreed with Mr. Orttel that some changes need to be made to the ordinances to allow businesses that are not offensive to the area. In- this case, everyone in the neighborhood would like to see this remain. Mr. Kunza's one mistake was to place an advertisement in 'the yellow pages this year. A competitor from another city saw it and made the complaint, and this is the first time they could complain because they didn't know the address. Mr. Kunza sells tires to everyone much cheaper than anyone around. When he first found out about the business, he couldn't even find the place. In talking with City employees, he found only t~ree who had not purchased tires from Mr. Kunza. Mr. Kunza has a few employees since he cannot do the heavy work because of his back. It was his opinion that the ordinance should be changed to protect businesses like this if the neighborhood wants them. ':J Garv Rolev, 2815 135th Circle - would like to see Mr. Kunza stay there. Mr. Kunza is a service to the community. Mr. Roley stated he didn't even know where the business was until one of his neighbors told him; and he had to be told several different times because he couldn't find the place. He has been doing business with Mr. Kunza four to five times a year. Mr. Kunza is very congenial and helps everybody. It is a convenience to have him located just down the street. He felt it would be a real loss for his family and for all neighbors that do business with Mr. Kunza if he is not allowed to continue. Mr. Kunza deserves to be there, that he should be allowed to retire there. That would be true justice and the American way. Hare Stuart. Fox Street. Harefield Farms - is a small businessman in Andover. He can relate to wha1: Mr. Kunza is going through and it sickens him. He expressed great frustration and anger that the City would put a man through this kind of grief; and if he found that a representative of the City Council did this, he would demand a resignation. This is a good community business that is hard to find. He felt that this treat:nent based on some political whim should be investigated and not allowed. And he asked tha1: his agenda item for a Special Use Permit be cancelled for this evening because he was too upset to deal with it. ~J Pat Adrians. 155 Round Lake Boulevard - stated she uses the servi=es of Crooked Lake Tires. She cannot afford the higher-priced tires. Shd has been going to Mr. Kunza for tires because he takes good =are of tar, and her livelihood depends on him. She couldn't see a community doing this to a resident and felt it is very low if the City forces him to stop. Jim McCarthv - has the car dealership on Highway 10. Mr. Kunza does all their work on an appoint:nent basis. It is the cleanest business Mr. McCarthy has ever seen in the tire business. He has sent all his Andover Planning and zoning Commission Meeting Minutes - July 13, 1993 Page 5 ~-J (Variance: Auto Repair Garage in Residential Business, Kunza, Cont.) friends and relatives to Mr. Kunza, and he has ~o draw a map to get there because no one can find it by just driving by. It is not an eye sore in the community. Mr. Kunza does a good job for his business, fixing flats very quickly. Laurie Kunza - stated her dad has been in the business for a long time. When people can't afford the tires, he gives them tires. She thought it is really sad that somebody wants to shut him down. Cindy Kunza - stated her dad has been in business for a very long time. It'has always been family members that work there. She works for him part time, and it is never going to get any bigger. Her dad has also employed some people who really needed the money, and that was his way to help them without hurting their feelings. She has taken her children down the street to the store, and tons of people ask where Crooked Lake Tire is because they can't find it. The tire shop is not an eye sore nor do the neighbors want him shut down. This business is more to help the community that to make a dollar. Grea Kulenskv - lives two doors down from Mr. Kuuza and has lived there for 16 years. He stated Mr. Kunza is a caring, considerate person who is an asset to the community. .', Clarence? - lives next door to Mr. Kunza. He does a lot of business .~ with Mr. Kunza and has never seen a more clean, courteous, or helpful place. It is a help to the community and he'd like to see Mr. Kunza stay there. Steve Klimouskv, 3512 135th Lane - has known Mr. Kunza for 25 years. Mr. Kunza is a unique individual who is there when needed. He got involved with Mr. Kunza early in the business. Being in the construction trade, he took this issue to his attorney because as a small businessman, Mr. Kunza cannot afford legal counsel. He found that this type of business is permissible in other cities, asking why not Andover. The local government should be dealing with the concerns of the local citizens, who are endorsing this business. Take it away and the City will be hurting their community. The alternative is to look at a Special Use Permit. Why isn't there consideration to amending the definitions because the existing statute is hurting small businessmen. He does not want to see Mr. Kunza go. Rocer Noves, 13329 Eidelweiss stated he has been on t~e Fire Department for the pas~ 12 to 13 years. If all tire businesses were run like Mr. Kunza's, they would not have had fires like the one th~y had at the tire pile, .which was the biggest fire the Department ever =ought. Mr. Kunza keeps his business neat and clean. He stopped by today and saw seven tires ready to be recycled. That is all he had in there. There were no tires laying around anywhere. ~J Harold Larson, 2839 134th Avenue - met Mr. Kunza since he first moved there. He stated Mr. Kunza is a heck of a guy who runs a clean place. He "dittos" everything everyone has said this evening. Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 6 '\ '--~ (Variance: Auto Repair Garage in Residential Business, Kunza, Cont.) Ernie Phannenschmidt, 1710 Third Ave~ue, Anoka - does not know Mr. Kunza but wants to know where he is located! Chairperson Dehn stated she has looked for Crooked Lake Tires and couldn't find it either. She felt that the ordinance needs to be amended and expressed disappointment that the City issued the summons. She felt Mr. Kunza provides a service to the community and is very, very conducive to the area. She was also bothered by the fact that he has been in business for lS years and that the City has p~rchased tires from him, so why is this an issue now? Commissioner Apel stated the important issue is that just because something is legal per the ordinance doesn't make it ethically or morally good. He felt more common sense is needed and a willingness of the people to take direct responsibility for decision making rather than hide behind the rules. Here is a man who was disabled lS to 20 years ago; and rather than go on welfare, he decided to do something with the rest of his life and go into this business. As long as it is not bothering anybody, he felt Mr. Kunza should be left alone and in no way would he be a party to closing Mr. Kunza down. , '\ o Commissioner Squires noted the Commission has no option but to enforce the ordinances. This is a case where there are a lot of facts which support no other conclusion than that Mr. Kunza hasn't been treated very fairly. Under State statute, they are not allowed to grant use variances; and this is a use variance. By granting the variance, they would be in violation of the State law. He suggested to Staf= that between now and the next meeting, that they take a closer look at the ordinance to see if there is any other way to deal with this or to suggest a change in the ordinance to accommodate this situation. The Commission discussed the current ordinance, with Mr. Carlberg noting the Staff interpretation is that the use is clearly a repair garage and definitely is not permitted. He also argued the question of why such businesses should be allowed in residential areas and not pay commercial taxes when the City is trying to interest similar businesses to its commercial area where commercial taxes are paid. He also noted that Staff followed the procedure for a business operating in violation of the ordinance and that he has been attempting to work something out with Mr. Kunza since last fall. The legal proceedings were started a long time ago and notices were not answered. Several Commissioners indicated a possibility of a different interpretation or to amend the ordinance to make it a permissible use in a residential area. However, everyone should have the same protection even if they don't have the same neighborhood support. It was agreed that a use variance cannot be issued. Discussion was also on the summons, as Mr. Kunza was given 20 days to respond and a decision probably will not be made within that time period. Commissioner Squires suggested Mr. Kunza call the City attorney and ask for an extension. " ) Andover Planning and Zoning Commission Meeting Minutes - July 13, 1993 Page 7 ,~ (Variance: Auto Repair Garage in Residential Business, Kunza, Cont.) MOXION by Squires, Seconded by Apel, that the item for a variance be tabled because it cannot be legitimately granted. In the mean time, have Staff look at potentially fitting it in the ordinance. Suggest to the City Council that the City Attorney grant an indefinite extension to the summons to allow Mr. Kunza to continue while the Commission is resolving this issue; and have Staff bring back some recommendations and i:deas with suggested restrictions for this use to be allowed in a residential area. Suggest that the item be laid on the table for an indefinite per{od until the Commission has time to consider those suggestions and that the variance application come back at the same time that the other alternatives are brought back. Motion carried on a 6- Yes, 1-Absent (MCMullen) vote. The Commission urged residents to get involved in any ordinance change. The Commission recessed at this time; 8:44. Reconvened at 8:47 p.m. PUBLIC HEARING CONTINUED: SPECIAL USE PERMIT - COMMERCIAL GREENHOUSE, COMMERCIAL RECREATIONAL FACILITIES AND CONSTRUCTION OF AN ACCESSORY STRUCTURE PRIOR TO PRINCIPAL, 17154 SEVENTH AVENUE NW - HARE STUART \ ,~ 8:47 P.M. Mr. Carlberg stated he received a corrected sketch plan from Mr. Stuart just a few minutes before this evening's meeting, and he has not had time to review it. Because of this and because of Mr. Stuart's request while speaking in the last agenda item to table the item, the Commission agreed to table this to the next meeting. MOTION by Apel, Seconded by Peek, that since we do not have the updated sketch plan and we have a real long agenda, and Mr. Stuart indicated previously to table, that: we table this until the next regularly scheduled meeting. Motion carried on a 6-Yes, 1-Absent (MCMullen) vot:e. Item tabled to July 27, 1993. 8:49 p.m. PUBLIC HEARING: PRELIMINARY PLAT - WOODLAND POND, 14114 ROUND LAKE BOULEVARD NW - UPTOWN CONSTRUCTION AND FINEST HOMES 8:49 p.m. Mr. Carlberg reviewed the preliminary plat of Woodland Pond located off Round Lake Boulevard in the vicinity of 141st Lane NW. The plat consists of 11 single family urban residential lots. A variance is required for Lot 1, Block 1 for lot depth to allow 141st Lane NW to align with the street located on the east side of Round Lake Boulevard. The Park and Recreation Co~~ission is recommending cash in lieu of land. There will be no pe~anent monument signs. \ The Commission questioned if there is a problem with the title of the ,~ plat and asked if there has been any comment from Woodland Development. Mr. Carlberg had not received any comment, but he will look into it prior to the City Cour.cil meeting. Regular Andover City Council Meeting Minutes - August 3, 1993 Page 16 ,~ (Approve Amendment to Development Contracts, Continued) Tonv Emmerich - stated if they start grading in April or May, by the time they could pull permits, they would have lost the building season completely. If this is passed, The Hills will be his last project in Andover. He physically cannot work under these restraints. They cannot market in the fall of the year. If they miss the spring and the Parade of Homes, they are basically done for the year. He understood and sympathized wit~ the problems, but asked not to take the time away from the developers. - If there is a problem with not having the blacktop in, he would prefer taking care of the grading himself rather than lose the four months of building. There are a lot of inconveniences for everyone when doing a development and all sides complain a little, but it really is not as serious as what is being presented. After further discussion with the developers, it was agreed the item should be tabled since the street specifications have been referred to the Road Committee. It was also suggested and agreed that a Developers' Task Forc~ should be formed to address the problems and possible solutions. Mr. Emmerich agreed to serve on the Task Force, as did Cou~cilmember Knight and Mayor McKelvey. The developers present stated they would decide on one or two other developers to serve on the Task Force. Council also agreed Mr. Haas, Assistant City Engineer, should participate in the Task Force. It was also agreed to set up the first mee~ing within the next few weeks. Mayor McKelvey asked for a motion to table this item and to establish the Task Force. ~) MOTION by Jacobson, Seconded by Dalien, to so move. unanL'!lously. Motion carried MAYOR/COUNCIL INPUT Home-based businesses - There was a lengthy discussion on the ordinance requirements for home occupations, especially referencing tie Crooked Lake Tire operation in which a public hearing was held by the P&Z on a variance request (Reference July 13, 1993, Planning and Zoning Commission Meeting Minutes, Page 1). The Planning Commission tabled the item to allow further research on the ordinance requirements. Mr. Carlberg stated one provision in the Special Use Permit sec~ion, Section 5.03, states cer~ain uses, while generally not suitable in a par~icular zoning district, may under some circumstances be suitable and a Special Use Permit may be granted. He wondered if that would be a better provision to apply the Crooked Lake Tire situation rather than revising the ordinance. Staff is concerned with changing the defini,:ion of repair garages and moving tires into the residential area, whici would open up the whole residen,:ial distric,: for repair garages. The Attorney stated it would be considered spot zoning to allow some '\ uses in the residential distric~ that are generally not allowed, such as ~ an Enterprise Zone which was proposed by Councilmember Jacobson, even if it is for a specific time, and it would not be allowed. The Council generally was concerned about any change being applicable in all ,~ ) \...J ~J Regular Andover City Council Meeting Minutes - August 3, 1993 Page 17 (Mayor/Council Input, Continued) situa~ions. Councilmember Perry stated though the situation before the City may be very well run, others may not be; and it is more difficult to remove the businesses than to allow them to begin with. She was also concerned that the ad for the business refers to batteries. She felt home occupations are basically generated by word of mouth and do not compete with commercial operations. She cautioned they have to be careful about encouraging business to develop that are not contributing to the commercial base of the city or are not providing employment. Discussion continued on the level of code enforcement the City should pursue. It wa~ suggested there be a review of the ordinance keeping in mind the current trend of more home-based activities but being careful when allowing some activities. The Council also agreed that City Departments should not be using the services of any business in the City which is not meeting the ordinance requirements. MOTION by Jacobson, Seconded by Knight, to direct legal counsel and Staff to put a hold on action in the matter of the Crooked Lake Tire and direct the Planning and Zoning Commission to review the ordinance and, ask them for recommendations for changes in the Zoning Ordinance, to look at'potential changes for home occupatiens in residential areas and make recommendations to the Council within the next three to four months. Motion carried on a 4-Yes, 1-No (Perry) vote. SuperAmerica Special Use Permit Application - Mr. Carlberg updated the Council on the status of the Scecial Use Permit acclication of SuperAmerica. The P&Z tabled the item and will consider it again on August 10. Because of the delay, SuperAmerica has asked if the item can be placed on the next regularly scheduled Council mee~ing, August 17, 1993, rather than on September 7, to expedite the matter. Attorney Hawkins stated the Council may accept that request. Council agreed. Anoka Electric - Mr. Carlberg reviewed the proposal to construct a major facility, and the City is looking at the site south of the landfill property; however, they are looking for a major commitment from the City by August 13 with construction to take place in 1996. Council discussion noted it would be included in the Tax Increment Financing District and would be treated similar to how the Commercial Park was done. Mr. Carlberg was advised to contact them by phone to express the City's interest, then write that low cost land would be made available and the improvements installed to benefit the project contingent upon es~ablishing a TIF District and the financial feasibility of doing it. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Dalien, the disbursements for August in the amount of $194,186.81. Motion carried unanimously. MOTION by Dalien to adjourn. Motion carried unanimously. was adjourned at ~~ a.m. R~~~ :ctfullysubmi~,ted, ~ ( \; l.\_ '-~ \...' . cr .~. ;:- '- \..r_ L Ma ella A. pea~ Recoraing ~ecretary The meeting ,-) I~ \J 33.11 HOME OCCUPATIONS CITY O. BLAiNE 9150 CENTRAL Av BLAINE, MJNNESOT~ '554~4 (a) Intent: In order to provide peace, quiet, and domestic tranquillity wi~~in all residential neighborhoods, within t."le City, and in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of cOlltllercial uses being conducted in residential areas. " (b) Definitions: (1) A home occupat.ion is defined as any business, occupation, profession, or commercial activity that is conducted or petitioned to be conducted from prpperty that is zoned for residential use. General farming and gardening activities are not considered home occupations and are not regulated by this ordinance. (Amended 2-19-87. Ord. No. 87-1007) (2) A home occupation conditional use permit is a perJ:li.t authorized by the City Council only after a public hearing by the Planning CoImtissicn. (Amended 2-19-87. Ord. No. 87-1007) (c) All home ocC'.lpaticns Which conform to the following standa:ds tray be con- ducted wi~"lout a conditional use under tMs ordinance: (Amended 2-19-87. Ord. No. 87-1007) (1) Per.nitted hcr.1e occ~pations shall not be cond:.:cted in any building on the premises o~"ler than the building which is used by ~'e occupant as the privat.e &~elling and, fur~~ermore, ttat not more ~"lan one (11 room may be used for such pure;oses. (Ar.lence<i 2-19-87. Ord. No. 87-1007) (2) Horne occupation may have one (1) wall sign pe~ dwelling which may not exceed 2.5 scuare feet. (Amended 2-19-87. Ord. NO. 87-1007) (3) There shall be no exterior or garage storage of any !:"aterials includ- ing business equi~nt, :nerchandi~, inventory or heavy ecrJi~n:. Motor vehicles use<i in the home occupation mus: be stored inside. (Amended 2-19-87. Ord. No. 87-1007) (4) The area set aside for home ocC'Jpations shall no: exceed twenty per- cent (20%) of the total floor area of such residence. (Amended 2-l9-87. Ord. No. 87-1007) (5) Permitted home occupations shall not include the employment of any persons not residing on the premises in the perfot:i'ance of the occufa- tion. (Amended 2-19-87. Ord.~. 87-1007) (6) The use of ~~anical eqo.:i<=rnent oe."ler than is usual for purely domes- tic or hobby purposes is prohibited. (Amended 2-19-87. Ord. No. 87-1007) (7) Off-street loading and of:-st:eet parking require.rrents of ~ct:.ons 33.14 and 33.15 must be provided. (Amended 2-19-87. Grd. No. 87-1007) (8) Merchandise shall no: be regularly or openly displayed or offered for ) sal~ within the residence., (~~nded 2-19-87. Ord. No. 87-1007) ~~ - 1 - AUG-26-1993 08:19 FROM CITY OF BLAINE TO 7558923 P.33 '--) (9) The operation of any Wholesale or :-gtail business, unless ie is Con- ducted entirely by mail or by occa onal home invi tation and does not involve ~~e sale, shipment, Or deli ,ry of merchandise on the perrnises' is prohibited. (Amended 2-19-87. Ot . No. 87-1007) .~ (10) Any home' occupation or activity which produces noise or obnoxious odors, Vibrations, glare, f~s, fire hazard, Or electric interference detectable to nOr.:lal sensory perception beyond the property line is prohibited. (Mended 2-l9-87. Ord. No. 87-1007) (11) TrUCks shall not be stored, operated, or maintained in residential districts. (Amended 2-19-87. Ord. No. 87-1007) (12) A home occupation must norr.ally involve fewer ~;an four (4) customers entering daily. (Amended 2-19-87. Ord. No. 87-1007) (13) Garage sales or sales of household items are permitted ~thout special permit provided they meet the following standards: (Amended 2-19-87. Ord. No. 87-1007) (aa) Garage sales last no longer than three (3) days and sales of indiVidual household items last no longer than fifteen (IS) days. (Amended 2-19-87. Ord. No. 87-1007) (bb) Sales are held no !:'Ore tb.an t....ice yea:ly. Ord. No. 87-1007) (Amended 2-19-87. ') ,,~ (co) sales are condu~ed ori the oloner' s property. Multiple family sales are permitted if they are held on the property of one of ~'e participants. (Ar.~ded2-19-87. Ord. No. 87-1007) (dd) No goods purchased for resale may be offered for sale. (Arner:::ed 2-19-87. Ord. No. 87-1007) (ee) No consigr..':lent goods may be offeree for salE' (Ar.:enced 2-19-37. Ord. No. 87-1007) (ff) All di::-ec:ional and advertising Signs shall v, freestanding and re!l'Oved after c-.~leticn of the sale. (Ar..ended 2-19-87. 0::-0. No. 87-1007) (gg) All directional and advertising Sig:1s shall be plaCed en private prope~ty and shall have t.,e owner I s permission. (A...lenced 2-19-87. Ord. No. 87-1007) (hh) No directional or adve::ising Sign may be larger than two (2) feet by three (3) feet. (~i.ended 2-19-87. Or::. No. 87-1007) (d) Conditional Use ?er:nits: (1) All hane occupations ....hich do nct conforr.l to the standards contained in Section 33.11(c) stall only be conducted with a home occupation conditional use Permit. COnditional Use Permits cranted bv this sec- tion Shall. be te~rary in nature and shall be gr~ted to i designa:ed natural person Who resides at a residential address. They are nct \ transferable ~rcm person to person or frem address to accress. (~.er:d- '. .J ed 2-19-87. Ord. No. 87-1007) AUG-26-1993 08:19 FROM CITi OF BLAINE TO 7558923 P.04 u (2) Applications for home occupationcOl1ditional use permits shall be' filed with t.;e Direc::or of Ccmnunity Oevelot:rnent together with a fil,- ing fee established by City Council in an annual fee resolution. The application shall be forwarded to t.,e Planning Commission for a public hearinq. All such hearings shall be at public meetings of the Plan- ning Commission and shall be conducted as provided in Section 27.04 of this ordinance. Legal notice of all suc.; hearings shall be given as required for petitions for rezonings, variances, and other conditiortal uses. At the conclusion of its hearing, the Planning"Camlission shall make findings of fact and recorrmendations to t.,e City Council. (Amend- ed 4-3-86. Ord. 86-939) (Amended 2-19-87. Ord. No. 87-1007) (3) A conditional use permit in zoning districts R-1, R-2, R-3, R-4, and HE: will only be considered for those specific har.e occupations which do not: meet the requirements of section 33.11.c., 1, 3, 4, 5, and 12. (Amended 2-l9-87. Ord. No. 87-1007) (4) A conditional use permit in zoning districts AG and FR will be consid- ered provided the horne occupation conforms to the follow1.ng stan- dards: (Amended 2-19-87. Ord. No. 87-1007) (aa) A building containing a rural home occupation shall be located at least 100 feet frem any property line and shall be located in the rear yard of the principal c:l'.lelling. (Alrended 2-19-ai. Ord. No. 87-1007) '-j ,-J (bb) A rural hane occupation shall be contained entirely within one building with a rnaxi;::u.'Il floor area of 1,500 square fe~c {25% of total floor area if operating :ro.lI principal dwellingJ. No out- sice storage of materials, equi~nl: or. vehicles used in the h~.e occupation is perr.li.tted. (Amended 2-19-87. Ore. No. a7-1007} (CC) Cl'le rural home occupation per parcel. (Amended 2-19-87. 0::. Na. a7-l007) (de) The operator of ~~e rural horne occupation ~t reside on t.1e same parcel of land u!=On which the rural ho:ne occupation is located. (Amended 2-19-87. Ord. No. 87-1007) (ee) No ll'Ore t.1an t.,ree people who Co not reside on the premises may be employed by the hcr..e occupation. (Amended 2-19-87. ad. No. 87-l007) (ff) Off-street loading and off-street parking requiremen:s of sec~ion 33.14 and 33.15 must be met. (Amended 2-19-87. Ord. No. 8i-1007) (gg) Rural home occupations ;MY have one (1) wall or f:eestandb; sign per parcel which may not exceed 2.5 sq. feet. (Arr.ended 2-19-87. Ord. No. a7-l00i) (hh) Any rural home occupation or activity which produces noise or obnoxious odors, vibrations, glare, fu:nes, fire hazard 0: elec- tric. interference de:ec:able to nor~l sensory perception beyo~d the property line is prohibited. (Arr.enced 2-19-87. Ore. No. 87-1007) ~,~ (ii) All appropriate bui2.ding and fire codes are applicable to t:.is sec~icn. (Amended 2-19-87. Ore. No. a7-l00i) ~UG-~6-1993 08:20 FROM CITi OF ELAINE TO 7SS8923 P.as ~) (5) Conditional use per:ni:s shall expire April, 30 of each year and once granted m~"'be renewed withou~ :ditional hearing subj~ct to the provi- sions of :s section, by cot:', :ing the renewal fo~ described by the Director Comnunity Develc 1t and paying the a:.nual per.:-..it f~e. Failure tl. ;;imely apply for ~ .::wal, and/or failure co pay the condi- tional use: permit shall be grounds for revocation of a conditional use permit. (Amended 2-19-87. Ord. No. 87-1007) ( 6) There may be one ( I) annual inspection each year by the Di'rector of C01I1Ilunity Developnent or his designee of the property covered by a conditional use permit. In addition, the Director of Community Devel- opment, or his designee, shall have the right at any time, upon reason- able request, to enter and inspect the premises covered by said per.nit for safety and cOIT'pliance purposes. (Mended 2-19-87. Ord. No. 87-1007) (7) The annual fee for conditional use permits issued under this section shall be established by the City Council in an annual fee resolution and ::hall be payable no later than May 1 of each year. (Amenc' :: 4-} '. Ord. 86-939) (Arne-: ...:ied 2-19-87. Ord. No. 87-1007) (8) All horne occupations conducted in violation of Section 33.11(c) and ....ithout a conditional use permit are illegal and punishable accordi:'lg to the terms of Section 27.06(d). (Amended 2-19-87. Ord. t~. 87-1007) (e) General Provisions: / (1) Should a conditional use per~t holder die or move to a new location, the eXisting pe~it shall be aut~~tically ter:ninated, except that in the case of death, should a surViving spouse or ~'i1d, residing at ~'e same address, desire to conci:lue the home occupation, written notice to that effect shall be given to the Director of Community develo~er.t and the City Council may authorize continuation of ~iat permit '..i~~out further hearing. (Amended 2-19-87. ord. No. 87-1007) '\ ( '2.) Condi tional use per::li ts, once granted, may be revoked by ~':e Ci ty COll."lcil for cause after hearing before the City Council. c:.~laints seeking the revocation of such permit shall be filed with the !)irec:or of Con'munity DevelofC'.ent and il'aY be initiated by the Planning Ccmnis- sicn or any three (3) residents of ~'le block (both sides where the home occupation is being conducted). All such revocation hearings shall be conducted in acoordance Wi~, Section '2.7.06 of this ordi- nance. Publication and notice requirements shall be t.':e same as for horne occupation conditional use perr.lit application hearings. (A.iIe!':ded 2-19-87. Ord. No. 87-1007) (3) All businesses being conducted at property zoned for residential use on the effective date of this o:dinance shall have t.,ir::y (30) days thereafter to apply for the necessary conditional use per~~t. (Arr~nd- ed 2-19-87. Ord. NO. 87-1007) '\ '- ~ (4) Persons wbo are conducting a business from property zoned for residen tial use on the effective date of t~is ordinance must make ap;lica=ic. under Section 33.11, but may continue to conduct such business~s pend, ing final dete~ination 0: ~':ei= applic~tion. Should ~'e City Cour.c.l deny the petition for conditional use pe::nit, all such pe:sc::s sh~ll i~ediately cease their ,business activities from such residen~ial permises. (Amended 2-19-87. O:d. No. 87-1007) 'rZCODES : HC~'::CCCl 2/19/87 ~C" INFORMATION SERVICE League of Minnesota Cities 183 University Ave E. St. Paul, MN 55101 ,~ !" - Classification # 600,4/ B Municipality BJcli/Je Date "v!Colr', u., /9l'71- . Subject " Blai!1~o~m.ends home ()ccupat -z" v by Lou Anne Coyle t: f1 bulness eqaJpment, merchandise. operated or maintained In reslden- -/ . ~a.;-d-. I, "Inventory cr Iaeavy, equipment. I1aldlstricta. , The City of Blaine estimates that Motor vehicles Died In the home QC. 1.000 of Its city residents are cupadoa malt be stored wide. operating home businesses. Up until' , a couple of weeks ago, anyone "the home QCcupatloa shall lie operating a home occupation in coadacted In not more than oae Blaine was required to obtain a COll- room..ed by the occupant 81 the ditiOllaI use permit from the city far private dweUlDg. an annual fee of $40. A maximum of 16 people have abided by the permit system s~ It went into affect In 1984. . "the home QCClIpadoa may have DIIe wall sign per dweUlDg DOt ex. 'eeedlng %.S sqaare feet. .: . ! -thl! area set adele for bome QC. . ClIpatJlII1I shall not e:rceed twenty I percent 01 the total floor area 01 the . residence. "a home QCcaptlon mast normally blvolve fewer than four customers enleriDg dally. "PJ'3ge sales shall last no longer ' than :I days and sales of individual v" , household Items last no loager than 15 days without a special permit: sales caD be held not more than , twke yearly aad mast be coadaded oa the owner's property. Muldple faDilly sales are permitted U they are beld OD the property of one 0( the partlclpants. Sales.. CAUDOl Include The code enforcement commJ.s. . lion members were uncomfortable with the results 0( the permit ~ . cess. Essentially, the city did not know who was operating a home 0c- cupation or where it existed within -00 penoas not Oving 011 the -, :thle-~ -~~{~ ~-:'~~CD~i1~ e~p~CIl~-'I!_tI}l!_., - ----.------- .'-'\'Ile the matter. The code enforce- ~ent commission reached the COIl- elusion tha t if indeed there were 1.000 unknown home occupatiocs within the city, they must not be causing a problem that would re-' quire heavy enfoI'Cl!ment. Upon reviewing the home occupa. tion ordinance the code enforcement commission, working with zoning{ code specialists Katherine Hartnett , and Bryan Schafer. came up with some amendments to the city's ordi- nance that in effect eliminated the permit process and also did away with specifying which home occupa- tions were subject to the city 0rdi- nance. ' The amended ordinance, adopted by the City Council at its Feb. 19 meeting, contains the following 13 stipulations that must be met by home occupation operators, ~ eluding provisions for garage sales: .prohiblt1Dg exterior or garage storage 0( any malerlals Inctacllng '-) "mechanical equipment .hall not be DIed for anything other than the 1IIaal domesdc or hobby purposes. "ol!..a-eet Ioacllng aad oll-ltz'ed parking malt be provided. -merchucllse shall not be regular- ly or opeDly displayed 01' ollered fOl' sale within the home. "the operatJOII 01 any wholesale ... , retail IKIslness. aDieu It Is coa- dacled entirely by mall 01' by occa- , sloaal bome Invltatloa. and does not Involve the sale. shipment, 01' delivery 01 muchaDellse oa the premises. Is proIIIblled. "uy home OCCDpadOll 01' activity that produces JIOice 01' obDOxloas odors. vibradoas. glare, tames, fire ,hau.rd, or electric Interference detectable to normal sensory . percepdoa beyoad the property line II probJblted. ' -tI"lU:U shall .ot lie stored. io-n--potiGY,- cODSlgDment good or resale goods. Schafer said home occupation op- erators who meellhe basic criteria of the ordinan~e but, for example, needs to store his merchandise in the garage, may apply for a conditional use permit. This process includes a $7S fee and a hearing before the Planning and Zoning Commission. Sc.'1afer further explained that the amen~ed ordinance is not in any ,way Intended to uproot home oc- cupations in the city or cause any hardships, "We just want a system that's fair.", . . CITY OF BROOKLYN CENTER 35-900 --J ,-, '_ ~-I: I .. , ) "'-.'_ I TEL: )-612-569-3494 8f<.ooJ<L4N C.e,NI~~ ,- - Sep 16.93 11:08 No.002 P.01 2... ONI tJG De 01 N"'.c.JCE But shall not include the following: 1. Garages, open porches, and open patios. Floor/area ratio - The numerical value obtained through dividing the gross floor area of a buildin~ or buildings by the total area of ehe lot or parcel of land on which such building is located. Gars!!e. private . An accessory building or an accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles may be carried on. Gara~~ - school bus . A building, or portion of a building, used for the storage of school buses (defined inM.S.A. Section 169.01, Subdivision 6), or .....here any such vehicles are kept for remuneration or hire, excluding major repair of such vehicles. Green Strip- . An area containing only vegetation such as grass, trees, flowers, hadges, and other related landscaping materials, and maintained expressly for such purpose. Group Dav Care Facility. A facility licensed by the Minnesota Department of Public ~e1fare to provide child care ~or six or more children at one time. This term also includes, but is not limited to, facilities having programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers, cooperative day care centers and Head Start programs. Home Occupation. Subject to the further limitations of Section 35-405 of the Zoning Ordinance, a home occupation is any gaf.nful occupation or profession, carried on within a d'\1ellin~ unit, by a family member residing wichin a dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is constructed, including, without limitation, dressmaking, secretarial services, professional offices, answering services, individual music or art instruction, individual hobby crafts, and day care and similar activities. ~ Home Occupation. Soecial . Subject to the further limitations of Section 35- 406 hereof, and subject to approval by tho City Council, a special home occupation is any gainful occupation or profession carried on .....ithin a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the acc~ssory structures, and the lot upon \o/hich it is constructed, including, Without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities, Hospital - An institution licensed by the state Department of Health primarily engaged in providing, by or under the super.ision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons, or (B) rehabilitation services for the rehabilitation of injured, di~abled, or sick persons, Hotel. A bui in which lodging 1 a week. PosHl'. brand fax lrunsmiltal memo 7671 i of pogo. . .3 To, F J ) /..JA iJ "". l.J... 11 r:l'(-", CO, C;T'1 Oept. I stairways, and Ids of less than Fu. . t=I\leJf " ~ Section 35-405, ADDITIONAL REQUIREMBfTS FOR HOME OCCUPATIONS: 01. No horne occupation shall produce light, glare, noise, vibration perceptible beyond the boundaries of the lot. 2. Nd'home occupation shall involvo tho usc of any accessory structures or installations. odor or 3. No home occupation shall involve the use of equipment other than that customarily found in a residantial dwelling unit. 4. No home occupOltion shall involve the retail sale of merchandise produced off th~ lot. S. 'No home occupation shall involve the employment on the lot of persons who are not members of the family residing on the lot. 6. No home occupation providing day care shall servo more than twelve (12) children in the Rl district, five (5) children in the R2 and R3 distdcts, or fivo (5) children, including children of the family occupying a dwelling unit in other residential districts (R~ throueh R7). This subsection is not intended to supersede any lease arrangements ~hich may be more restrictive. 7. No home occupation shall cause traffic congestion on the lot containing the hOIr-e occupation or on the streets,adJacent thereto. '\ 8. \...._) No automobile parking related to the home occupation shall be permitted on the street. -if- Sec tion 35 -406, ADDITIONAL REQUIRE:1ENTS FOR SPECIAL HOME OCCUPATIONS: 1. All special home occupations shall rcquira approval of a special use permit pursuant to Section 35-220 of the Brooklyn Center Zoning Ordinance. 2. No special home occupation shall use more than one accessory st::ucture or installation and such structure or installation must: be a permitted use under Section 35.310 and Section 35.311 of the Brooklyn Center Zonine Ordinance. 3. A spacial home occupation may use equipment not customarily found In a rasidantiR1 dwelline unit:. \ \_/" " 35-406 '" '. ) ,~ 4. No special home occup~eion shall employ. at anyone time, more than one person who is noC a member of the family occupying the dwelling unit. 5. No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occ~pying the dwelling unie. 6. No special home occupation shall causa tr~ffic conges tlon on the lot containinB the special home occup~tion or on the st:t:'e(!t~ adjRc:p.nt thereto. 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on street parking, the City Council may authorize parkIng on the street ba:oed upon a consideration of Section 35-220.2 and of the following: a. The amount of the applicant's sereet frontage. b. The riehts of adjacent residents to park on the street. c. Preservation of the residential cha:t:'acter of the neighborhood. 8. No special homo occupation shall produce light, glare, noi:oe, odor or vibraeion perceptible beyond tho boundaries of the lot. \. -" \ '. / 9. No spacial home occupation shall include the retail sale of merchandise produced off che lot. SPECIAL REQUIR~lENTS IN R3, R4, R5, R6 AND R7 D~TS. sh~ll be contained wholly wichin an enclo~~lding. The inc eracion of waste matter shall be sP~cted in' approved equipment cated within the building wher')cf tho permitted use is conducted. uipment shall be considered "approved" \oIhen approved by the zoning offl~l and sanitarian. '~ Where a proposed ~ R4, R5, R6, o,?/~ development abucs an Rl or R2 district other than ~"a public ~rfet line, buffer provisions shall be established. Thera ~~~ be p}ovided a protective strip not less than 25 feet wide in the case;<;:of R6 and R7 uses and not less than 15 feet ....ide in the case of R3, / and RS uses. The protective scrip shall contain an opaque fej)cQ 0" a Council approved subst:itute. The protective scrip s,.!3Pll be lan~caped and not be used for parking, garages, dr1.vew.;YS', off-street l~ading or storage. The screening device design ,must be approved by tbQ City Council as being in harmony with tho r~sidential neighborhood and)r~viding sufficient screening of the mu~r::rple dwelling area. A proposed",~ence shall be no less than four"..fCet in height and shall not extend \oI'!:~n 10 feet of any sereee Aht-of.way. "" 1, 2. 3 . \..... J , ./ ~~ nn, 'j' '- 1$y";6Id&f~ 1h,..I::... z, lccessory building or a carport, enger vehicles, trailers, motor It In excess of 9,000 pounds Section 363.02 Subd. kk md/o'r salesmen's samples and arlly used as a residence. The -persons conducting the sale shall be residents of the Immediate neighborhood. Home Occuoation: Any gainful occupation or profession engaged In by the occupants of the dwelling when conducted within the dwelling, or attached accessory building or upon a parcel of land containing the dwelling unit Including gardening on such parcel, provided that evidence of the occupation other than gardening Is not visible from the street: tllere is no sale of products produced off the site: provided there is no employed assistant; and that the use does not adversely affect the character of the uses permitted in the district in which it Is located provided there Is no outside storage of materials, equipment, parts or supplies related to the home occupation Including vehicles containing advertisements of the occupation. Motor vehicle repair and service shall be prohibited as a home occupation, Horticulture: The production and storage of fruits, vegetables, grains, ornamental trees or .other crops but not including the keeping, raising, or production of livestock. 00, Hotel: A building containing eight (8) or more guest rooms in which lodging Is provided with or without meals for compensatIon and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room, and In which principal access to and from all rooms is made through an Inside lobby or office supervIsed by a person in charge. pp, Hotel (Aoartment!: A hotel providing one or more dwellings where cooking facilities are present. qq, Recvcllnq Processinq Center: An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, abandoned, packed, disassembled, or handled, includIng but not limited to, scrap iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material In conjunction with a permitted manufacturing process when within an enclosed area or building shall not be Included. "Section 363,02, Subd, mm amended by Ordinance #1986-523(R) ,----,Section 363.02, Subd. kk amended by Ordinance #1986-530(R) Section 363.02, Subd, qq amended by OrdInance H1989.632IR) ~0'd 896-1 ~~~d NA~g jO AlIJ:WO~j ~~68SSL6:01 ~0:0~ ~6, 9~ d35 , '\ '---) I " I ,J ,J " ~iecUon~'j'~Zo' Subd. 9 9. Signs affixed to the exterior side of windows, except addresses and other minor directional information. Section 356.30 District ReQulations Subd. 1. R- 1, R-2. R.3. R.4 and R-4A, Residential Districts " The following Sections concern signs In the R- 1, R-2, R-3, R.4 and R.4A, Residential Districts. and said signs are regulated according to the requirements set forth below: a, Identification Signs (name plate): one (1) free-standing or wall sign/name plate per dwelling unit, not greater than two (2) square feet in area. indicating the name and/or address of the OCCupant. No sign shall be constructed so as to have more than two (2) surfaces. b, Institutional Signs; Institutional uses which do not meet the criteria stated in Section 356: 15 (4). shall be allowed only one (1) monument sign per street frontage. Such sign shall not exceed sixty (60) square feet in area. c, Area'ldentificatlon Sign: One (1) monument sign per development as described by Section 356.15 (4), not to exceed sixty (60) square feet in area. A development fronting on two (2) collector streets'shall be allowed two (2), sixty (60) squa~e foot signs If both streets are main entrances. A developer may erect to have two monument signs at each main entrance provided the area of each sig" does not exceed thirty (30) square feet, and they are located with one (1) sign on each side of the entrance, and they are alike in size and appearance. >d, Home Occupation Signs: one (1) non. illuminated sign with e maximum square footage of 2 feet for each dwelling unit wherein a permitted home occupation exists. Section 356 added by Ordinance # 1988-602(A) Section 356:25, Subd. 9 added by Ordinance #1992.694 Section 356:30, Subd. 1, Subs, b & c amended by Ordinance #1992.694 ~0'd 896-1 ~~~d N^l~a ;0 ^lIJ:WO~ ~~S8~~L6:01 !0:0! ~6, 9! d3S ;~ 7': ~) :r b' t ~ . ~ } -"<) c " QrCo ra V\ prive-Iry__Establishmcnts. An establishment which accomodates the patron',s automobile irom lOrd ch the occupants m~y receive a service or in which products purchased from the establishment may be consumed. p.....ellinct,_~tacJled. A :::\'c:l1ing ....'hich is joined to another d~elling. D',,'ellbcr_~.et~~. A c\"elling '-'hich entirely ro ..... sur ~~ceQ oy cpen s~ace en the same lot. Dwe~~pnit. A =esidential building or portion thereof i~te"ced f.or CCc~?a..cy by a single family, but not includi~g hotc!~, ~ctls, bearding or rooming hc~ses or to~~ist hc~~s. Es~ential Servicas, ?~bjjc :cc;ss, Ilre prctE'c-t-Jc:-;~'polic" ;'~-c~;ctic.. u:-,d utili;ies includi~g on si~a ~a:~r s~~oly and SC~~ce 6i"D""a 1 - . . -.,,,-,,,, -. Exterior Stcr~~c (J~cl~des C~s~ Sto~ace). . -:..----:--~-. .__..~... .. . storage 0= goccsJ ~~terl~~S, ~q~J~;~ent, -"-'.~':'c~~...........: ,.....,......:.'c...e;, ......r." C'.'-~,s..,.. 1.';"'.'5 .0- :''''1'' .U_.l~'"'''_ -.... -- :..1......_'- ...... =... .._.;.....(,,0_ ...:... .~ \00 "'W_ J enclcsed ~y a t~ilci~g. Fa.::tilv. ,z.... i::cli.vid::al, O~ -:;"'0 (2) cr mers pel'SC'::S or a group o~ ~o~ rno:e t~i~ four (4) persons w~q ~e~d no- ~~ re'-~~~ ~v ~.~o~ --\.~~-c~ o~ ~. . - . I. _ Dc. .....; _ ~ 'W ..; ~. ..J':' -' ...., ...;::. '7 _ _ ~ .. ; . _ aaOpt;cn, 11V2~g ~C;E~~a= ~s a s2ng~s no~se 1;e6pi~g ~nit i~ a e~~lJj~g ~nit, ~xcl~sive of '.:s-.:al s€:.rvo:-~ts. FJoor A=~a. T]:e S~~ o~ ~~2 c=css horizon~al a~~.as -~~ ..;..,~ ~-:::-:-:-r 1:" ,..- .:.:.':.. .",.; 1" ~ 't' _, 0.:. ~"O;;: ::',>,'-=.s_ ..:.00_:0 C.:. .,..EO' ....,. c...ng or ~Ol _0.. the:&o~ ~svc~ed to ~ ~artic~:a: use, includina . ... ., . ....- ~ccssscry s~c=~ge ar~as loc~~e~ ;~~~n~:1 $61~lng or ~crkl~g =~~cc and incl~c:~g l~Y ~a~6~E~t fleor a=ea cevc~ed to =et=iling =cti~ities, to ~~e croducticn of oroc!!si~a ci Deods, or to ~~Si~~S5 .. -.... or profesEic~al Qf~ices. ~o~Ever, t~~ floor area shall not incJ~de: E!~~~;~~ floor a=~a oth~r than area d~vctsd to =Gtajli~c !ctivities, the croducticn or crocsssi~a'of ceoes, or to b~sir.ess ... ..,... or professic"al o:fices. Garaoe, ?rivate. k~ ~cc~~~o=y ~uildi~g or accessory portion o~,the ~rinci?al building which is in~;~ccc for a~d csec to stcre the private passengar vehicles of the family or fa::tiJies r~sident upon the premises. Governina Bodv. City Council. nome OCc~Da~ion, rrincical 3uildincr/~~~el~i~~ Unit. Any gainful oCc~pation or profession engaged in by the occ'.:r;:an-: of a c\,'elling at or from the dwelling when carried on within a dwelling unit and not in an accessory building provided that no signs other than those normally utilized in a residential di~trict are present, 21. 22. 23. 24. 25. 25. '::'~e ' 27. 28. 29. 30. 31. ft~ended May 8, 1986 44 , I, <.J *3H.. '\ <../ ,~-J 32. 33. " no stock in trade is stored on the orcmises, over-the-counter retail sales ara not involved, and entrance to the ho~e occuoalion is gained from wi thin the structure. E!Olployees other than " occupants or the d','elling are not 'pe:-mi tted. Such uses include professional offices, barber shops, beauty shops, minor repair services, photo or art studies, dresg;r.sking, family day care, or te?ching limited to th:ee (3) students at anyone time and si~ilar uses; however, a home occuoation shall not be interpr~teo to i~cluce tourist homes, restaurcnts, or similar use!':. :;c;r,e occu:-:.at.io:ls within the ~rincipal buildi~g or dKellin~ ~nit that require one or ~cre of the ~ollcwing shall be p~rmitted ~nly by Co~ditic~al Cse ?ermit: a. Use of ~o:e t~an Ie, of the c:css floor area of the principal buildin9/~~;11i~g 1:nit. b. Usa of ~ore t~an Ie. of the daily 5~er&ge '~atEr c~~surrpticn of t~G ~asi~~~ce. c. Use of two or more ~arking stalls. ~~~$~~~?3_t:~~/3~Ei~e~s! .~ccs~~c~v 3uilc~~~ a~d --.~~C-~~"-=-l:' -"'.-''=' I"'.c.........-::a.- ": C-'Sl'""\~.,~.. -,..eees -,...- ~"'-"'."'_._,_. ~........__v __;:'\....._.. _.............___.... ~..~I,. r~au~:6 t~e ~se 0: an ~cc~ssorv struct~re (l.e. - . a~tached ca~a=e) O~ ~~ at~~=h~d b~ildinc 5~all be . - . -~~--~~-~c- "-u .........-,.:;~.:...:c.-=-~ 7~_e,.,._, ':'1':.....,..:.... c~,v ,..~." ,+-~.Q. ::----...-~-- "'1.\"',:"0'''''7-- .._- - ........1......- .._.; \....... _.~_ follc~:~g =~!t::::!C~s: o. T~~ s~:e a~c C=5:;~ of t~: ~cce=scry builoing shall ~s i~ co~ic:~a~ce wi~~ t~e p=ovisio~s of Section 10.03 (c) ~cc~rscry ;~iJdings &~d Str1Jct:~:"es .. b. Tha~e shall be no exterior evi~a~ce of tlle occu=ation/b~sine~s, inc1uding but noc limited to storage or ~at~rial, egui?~ent, supplies, car~eoe d~~sters, ;tc. c. The-heme o;cucation/b;siness shall be secondary in use ar.d c~ar~cter to the princical use of the p~cperty with the size - ~. /~ . and in~ensity of the home occupa~lon/ous1ness limited to 50% of the size 0: the gress floor area of the principal building (excluding garage) . Hotel. A buildi~g which provides a corr~on entrance lobby, halls and stairway and in whi~h twenty (20) or more pcopJe arc, for ccmpensatlon, lodoed with or without meals. Jun~ Yard. ~n ooen ~r8a where waste, used or second hand rnate~ials ere bought, sold, exchanged, stored, baled, ~acked, disassembled or handled, Amend~d 2':~v a, Ba6 45 , ,~) c} Soil which is water logged or covered with water at least three (3) months of the year. ,) Swamps, bogs, marshes, potholes, wet meadows, and sloughs are wetlands, and properly, may be shallow waterbodies, the waters of which are stagnant or actuated by very feeble currents, and may at times be sufficiently dry to permit tillage but would re- quire drainage to be made arable. The edge of a wet- land is commonly that point where the natural vege- tation changes from predominantly aquatic to pr(:!- dominantly terrestrial. 76. ~. A required open space on a lot which is un- occupied and unobstructed by a structure from its lowest level to the sky except as permitted in this Ordinance. The yard extends along the lot line at 'right angles to such lot line to a depth or width specified in the setback regulations for the zoning district in which such lot is located. 77. Yard I Front. A yard extending along the full width of ,the front lot line between side lot lines and ex- tending from the abutting street right-of-way line to depth required in the setback regulations for the zoning district in which such lot is located. 78. Yard, Rear. The portion of the yard on the same lot with the principal building located between the rear line of the bui lding a,nd the rear lot line and ex- tending for the full width of the lot. 79. Yard, side. The yard extending along the side lot line between the front and rear yards to a depth or width required by setback regulations for the zoning district in which such lot is located. 80. Zoning District. An area or areas within the limits or the c~ty for which the regulations and requirements governing use are uniform. 81. Zoninq District Amendment. A change authorized by the governing body either in the allowed use within a district or in the boundaries of a district. " ,,) 10.0* General provisions. (a) Non-Conforminq uses and Structures. 1. Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in manner of operation existing upon such date as hereinafter specified. 2. No structural alteration shall be made. 3. Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Building Official. 4. When any lawful non-conforming use of any structure or land in any district has been changed to a conform- ing use, it shall not thereafter be changed to any non- conforming use. 49 ,_3 ~ 7. '\ 'J lO. 11. l2. (h) Lot L . , '\ ) e... /.., Amended 5/14/81 " 5. Whenever a non-conforming structure shall have been damaged by fire, flood, explosion, earthquake. war, riot, or act of God. it may be reconstructed and used as before if it be reconstructed within twelve (12) months after such calamity, unless the damage to the structure is fifty (50) percen~'or more of its fair market valu!::. (as estimated by the Building Official) in which case the reconstruction shall be for a use in accordance with the provisions of this Ordinance. Whenever a lawful, non-conforming use of a building or structure or land is discontinued for a period of one (1) year, any future uses or said building or structure or land shall be in conformity with the provisions of this Ordinance. A non-conforming use of land lawfully exi~ting upon the effective date of this Ordinance may be continued for a period of twenty (20) years after the effective da~e of this Ordinance or until the present ownership cea~es, whereupon such non-conforming use shall cease. Non-conforming uses permitted to continue under the preceding grandfather clause may be terminated through action of the City Council in response to community nui,sance comp'laints with specific reference to ~ection 4 . Eligibility for continuation of a non-conforming use under Section lO.03, Subd. (a~7 shall be predicated upon registerihg a complete description of the use with the city Clerk within six months after date of this Ordinance is adocted. Normal maintenance of-a building or other structure containing or related to a non-conforming use is per- mitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use. A lawful non-conforming use may be changed only to a use of the same or more restricted classifica~ion. Alterations may be made to'a structure containing non-conforming residential units when they will im- prove the livability thereof, provided they will not increase the number of dwelling units or extend the existing bulk of structure. Provisions. A lot or parcel of land for which a deed or contract for deed has been recorded in the office of- the Hennepin County Recorder upon, or prior to, the effective date of this Ordinance shall be deemed a buildable lot provided it has frontage on a public right-of-way, or is governed by a valid driveway agreement, can meet the applicable setback require- ments, has an approved well and an approved on-site septic system. Access to any public street shall require a driveway permit as issued by the City Building Official. 6 . 8. 9 . 2. 50 " For the purpose of this Ordinanc~, the City of Corcoran is hereby divided into the following Zoning Districts: Name ,- Symbol ~) R-l R-2 A-l C-l C-2 I-l h'A,FP & S Rural Resioential District J,lobile Home Park District Agricultural Preserve District Lfmitcd Co~~ercial District General Co~~ercial District Agricultural Industry District Overlay Districts Defined by ~~tural Cunditions (b) Zonina District gap. The boundaries of the Districts as estabTished. by the OrcH:;a:lce are as shc"m on the IT.ap published herewith and made part of this Ordinance which is designated as the "Zonina District Kap", which map is properly a??roved and Eilsa with the Co~coran City Clerk. ~he district boundary li:.~s en said map are i~~~~6ed to :ollcw stre~t right-of-~ay lines, street cs~terli:;es, or lot li:;cs u~lsss such bc~ncQry li~e is otherwise i~dicated on the ~ap. In the case of ur.su~civicsd pro?erty or in any case where street or lo~ lines ~re not us~d as boundaries. the ~istrict bounco~Y lines shall be det~!mi~~d by use of dimensions or the soale appearing on the ~ap. All of t~e notations, referenccs and other infor~~tion sh~wn ~her€cn ~hall have the sa~e fo~ce and effect as if fully set fcrth herein and are hereby mace part of this Ordi~ance by reference ~nd i~corpcrated herein as fully as if s~t forth herein at l~~gth. AppeaJs from the 3uilcin~ O=~ic:al, d~termi:;aticns and ouestions of doubt conce~ninq t~e.cxact locations of di;trict bounda:y li~es shall be heard by the Scard of Adjustme~t and A?peals. '\ ,~ 10.07 "a-l" Rural-Residential District. (a) (b) " ) Purpose. This district is inte~ded to preserve residential uses at an eificien~ overall rural density and encourage continuatio~ of agricultural activity. Designating the ~ajority of land wit~in the City under this district will assist the city in planning for future growth in a consistent ~anner, prevent haphazard consumption of farm land and avoid demand for urban services. Permitted Uses. 1. Aoricultura1 Land Uses. 2. Single Family Detached Residences. 3. Nurseries and Greenhouses. 4. Seasonal Produce Stands. 5. Telephone, Telegraph and ?ower Transmission Lines and Necessary Appurtenant Structures. 6. wildlife, Forest and l\etland Management. 7. Public Parks and Other Public and Semi Public Open Space. S. Essential Services. 9. Home Occupations as defined in Section 10.02 (b) 31 and 31A of this Code. 19 86 ~ I I I ll.mended 1'1ay 8, 1--.-.'....--'.....'...'.. , ~=., .. ~ (d) ~) ~) , (c) Permitted Accessory Uses. l. Any incidental mach~nery, structures, or buildings necessary to the conduct of agricultural operations or other permitted uses. 2. private"garage and parking spaces. 3. Buildings temporarily located for purposes of con- struction on the premises for a period normally necessary for such construction. 4. One accessory building other than private garage for boat and other recreation equipment storage. Conditional Uses. All conditional uses as listed below must comply with the provisions of Section 14 of this Ordinance and meet the intent of the Comprehensive Plan. l. Governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community provided that: a) When abutting a residential use in a residential use district, the property is screened and land- scaped in compliance with Section 4.(d) of this Ordinance. b) The provisions of section l4(a) (5) of this Ordinance are considered and satisfactorily met. ' 2. Public or semi-public recreational buildings and neighborhood or community centers; public and pri- vate educational institutions limited to elementary, junior high and senior high schools; and religious institutions such as churches and chapels, provided that: a) Adequate screening from abutting neighborhood residential uses and landscaping is provided in compliance with Section 4(d) of this Ordinance. b) Adequate off-street parking is provided on the site in compliance with Section 5 of this Ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section lO.04(d) of this Ordinance. c) Adequate off-street loading and service entrances are provided and regulated where applicable by section 5 of this Ordinance. d) Adequate site area other than parking or driveways is provided for an adequately sized on-~ite sanitary disposal system. e) The provisions of Section 10.14(a) (5) of this Ordinance are considered and satisfactorily met. 3. commercial outdoor recreational areas including golf courseS and country clubs, swimming pools and similar facilities provided that: a) The principal use, function or activity is open, outdoor in charact~r. b) Not mor~ than five (5) percent of the land area of the site be covered by buildings or structures. " 66 \ ',--,,' \ , 'J ,) \._/ " ,- c) When abutting a residential use and a resid8n- tial district, the property is screened and landscaped in compliance with Section 10.04(d) of this Ordinance. d) The land area of the property containi ng such ,- use or activity meets the minimum established for the district. e) The provisions of Section lO.14(a) (5) of this Ordinance are considered and satisfactorily met. 4. Commercial riding stables, dog kennels, animal hospitals with overniqht care and similar uses provided that: a) Any building in which animals are kept, whether roofed shelter or enclosed structure, shall be located a distance of five hundred (500) feet or more from any lot line. b) The animals shall, at a minimum, be kept in an enclosed pen or corral of sufficient height and strength to retain such animals. Said pcn or corral may not be located closer than one hundred (100) feet from a lot line. c) 'l'hc provisions of Minnesota Pollution Control Ag~JH":Y Rcyulat.i':/fJ3 G~': ~3 {2} ~:-~ cc~~li~.:! '."!; th. d) All other applicable state and local regulations pertaining to nuisance, health and safety con- ditions, etc. are complied with. e) The provisions of Section 10.l4(a) (5) of this Ordinance are considrea and satisfactorily met. 5. cemeteries, provided that: a) The site accesses on a minor arterial. b) The site is landscap~d in accordance with 10.04(3) of this Ordinance. 0) The provisions of SecUon 10.14 (a) (5) of this Ordinance ar~ considered ana sati~factorily met. 6. Comncreial feed lots provided that: a) All applicable regulations of the Minnesota Pollution Control Agency (peA) are complied with. b) The provisions of Section 10.l4(a) (5) of this Ordinance are conHidered and satisfactorily met. 7. Agriculture Equipment Repair. a) Such use shall be located in agricultural areas pursuant to the Comprehensive Lane Use Plan. b) Such use shall have direct access onto a road as defined in the Comprehensive Plan. c) Only residents of the homestead or property may be employed in this business. , ' d) This use must be secondary to the prlnclpal use of the property, that being either farming or homesteading. 67 Amended September 9, 1982 " e) '.,;' '\ f) ,--j " g) The use must not change the character of the property. The use must not exhibit an exterior or. visual appearance of a business. The use will be in keeping with the general character of the area. lO.08 "R-2" Mobile Home Park District. (a) Purpose. The purpose of an IR-2" Mobile Ilome Park District is to provide a separate district for mobile home parks, distinct from other r.esidential areas. No mobile home shall be located outside a mobile home park except as provided in Section 10.03(f) (b) Nobile homes are permitted in an IR-2" District. (c) Euildings temporarily located for purposes of construc- tion on the premises for a period normally necessary for such construction are permitted accessory uses in an "R-2" DiBtrict. ~(J ....<.) 67.1 Amend~d September 9, 1982 '-' :~) ,- '--' , '\ \_~ Cb~i:,c, q-,,:,, V<. ...--r-_, .~....., HO~IE OCc.;UPATIONS (2) Home Occupations. The purpose of ~his s"c~ion is ~o peC"llli~ only those hom" occ~p~tion3 that are compacible with ~ther p~rmitted Uses and ~ith the residdnti~l character of neighborhood,. No onp sh~ll conduct a home occupation ~ithout first havi.lg obtained a pennie from the ZlJning Administrato.. One permit shall bp. required {or ....1ch h.;lm.. occllpaci..m condlJcc..d wichin the d~elling unit. HomQ oc~upations existing at the time of adoption of these provision3 shall apply for a permit and confoI"lll with this ordinance within six mOnths. Permit fees shall be half during this six-monCh period. (Permic fee is $35.00). No home occupation shall be permitted thac does not conform co all of the following standards. Violation of the perCormance 'tandards shall be grOunds for revocation of the permit. Notice of intent to revoke the permit shall b~ Senc by the the Zoning Ad=inistr~cor to the permic holder. The notice shall state ehe grounds for reVocation. The holder of the permit shall have ten days from che receipt of the notice to file an appeal co the Planning Commission. Failure to file an appeal wichin ten (10) days waives any challenge to the revocation, at the e~piration of the ten (10) days che per-mit is revoked and the home Occupation ~hall cease. (2.1) Pe~fo~ance Standards (4) No mo~e than one (11 person oth~r than a member of the immediate family occupyir the dwelling shall be employed on th~ premises at anyone time. (b) Identification signs shall conform wich City Code Section 21-14. (c) In no way shall the appearance of the struccure be altered or,the occup3tion wichin the residence be conductpd in a manner which would caUSe the premises co differ f~om its residential ch~racter ~icher by che us~ of colors, materials. construetion, lighting, advertising si~ns or th~ emission of Sounds, odors, noises. vibracions, heat, gla~e.'o~ electrical diSturbances. (d) No home oecupation shall be conducted in any ~ccessory building, excepc ~n 3tt3ched or detached garag~. (e) The use shall not create sub:itancial traffic. ~lore than twenty vehicles ,,:or.liu:; to the dwelling unit for service or products during any ~ne day shall be considerpd substantial additional traffic. Any need for p.1rking "hall be met off the stre~t. and ocher than in a required f~unc y~rd. (f) No home oecupation shall cause an increase in sever ot' water uS3ge so thac th.l combined tocal use for dwelling and home occupation purposes exceeds the normal r~~~p for residences in the City. (gl There shall be no starag~ or display of any kind connected vith the home occup~t; visible from the outside of the dvelling unit. (h) Any construction. alteration. or eleccrical or mechanical equipment, or chemic.:!l; ~ or materials. shall not change the fire rating of the st~~cture or che fire district in which the structure is located. ~J (i) The operacion of the home occupation shall begin no earlier than 6:00 A.M. .1~d end no tater than 10:00 P.M. .......... u~,. .lOl::l.,) J.U:;)J j-,U oJ.;: ~;).) -;:.);:u " c.;UJ.T.1.\iJ:;-\iROrE -PD I4J 003/ 003 2, ) Permi~ted Home Oc:cup.a~iofls The folllJwing useS are permitted as home oCC:lJp.;l~ions. bue are still subj"Ct toJ ~he pedormance Hand.uds of Section 28-53(d)(Z,l>' " (a) (b) (d (d) (e) ( E) (g) (h) ({) (j) (k) '- " (1) '--) (Ill) (n) (0) Dress~3kers. ,eamstresse,. and ~ailors. Music, .;lrt, or dancing teachers. Artists, sculptors. authors, or composers. Office facility of physician~. dentis~s. or oth~r licensed m~dic~l prac:e,i doners. Offic~ faciliey of lawyers, archieects. enginet!t's, realtors, insurance agen~s, brokers. contractors, and members of similar professions. Office fa.:; il i ty of minis ters. rabbis, priests. or members 0 f re 1 igivlls .,rders. Licensed family day care hames. Office facility of a salesperson. sales representative. or manufacturprs re preSi!neaci ve. Home crafes, such as model making, rug ~eaving. and ljpidary work. Printing shops. Barber or beauty shops, Photo developing or processing. Upholstering. Carpentry 1Jor\c. Ocher uses deemed similar to. the above by the Zoning Ad~inisera~or. 2.3 Prohibiced Home Occupations. following home occupations shall not be permitted. Animal hospital or pet shop. Clinics or hospital. lolortuaries. Private clubs. Renting of trailers. Auto repair. major or mtnOr' Repair shops or service establishments, except the repair of non-mocorized bicycles, electrical appliances, type~riters, c~eras, or other si~ilar Sr.I:! 11 i c I'ms _ The Ca) (b) (c:) Cd) (e) (f) (g) (h) "-'" <i) , , ) (j) (k) Rllst3uranCs. ScabIes or kennels. ~xcept as provided under Seceion 28-53(c)(4). Painting of vehicles, tTailers, or boat'. Retail ~hopping stores. 34. Home Occupation. , hid /.eC-J ~....~...,..,......,.- " Any occupation or profession engaged in by the occupant of a dwelling unit and carried on within the unit and not in an accessory building. Any home occupation shall be clearly incidental and secondary to the ) principal use of the premises and shall not change the residential character. The following are criteria of home occupations: '\ --" " A. Professional offices, minor repair services, photo or art studios, dressmaking, teaching and similar uses. B, No stock in trade is stored outside the dwelling unit. C. ~o over the counter retail sales are involved. D. Entrance to the home occupation is gained from within the scructure. E, Teaching is to be limited to six (6) or less students at any given time. f. Licen~ed home based Family Day Care that serve twelve (12) or fewer ehildren when one (1) eare giver is provided and lieensed home based Group Family Day Care that serve fourteen (14) or fewer children when two (2) care givers are provided, as defined by the Minnesota Rule, Parts 9502.0300 to 9502.0445. (Ref. 864) G. In addition to spaces required by the occupant (family), there is no need for more than two (2) additional parkin& spaces at any given time. -" '-~ H. Employees shall consist of members of the iIlllllediate family only. ,~ 35. Hospital, .- ffOrnr\{", co, An institution open to the public. in receive medical, surgical or psychiat: 36. Hotel. Phone _ FIX:; Fax' A building consisting of six (6) or mo occupancy as a temporary lodging plac~ 37. Integral Part Of A Principal Structure. Constructed in general conformity to the principal struccure in terms of framing. finishing and overall use. 38. Junk Yard. (Automobile Recycling Center) An open area where waste and used materials are bought. sold. exchanged, stored. packed, disassembled or handled as a principal use. including scrap iron and other metals, paper, rags, rubber. wire and bottles. A junk yard includes an automobile wrecking or salvage yard, but does not include uses that are entirely within enclosed buildings or City Council approved recycling cen~ers, . -.../ -\ ) > 10/90 205-6 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 19, 1993 AGENDA toO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Discussion ITEM toO. Planning ~ BY: 2020 Metropolitan Urban Service Area (MUSA) Map David L. Carlberg City Planner q. The City Council is asked to review, discuss and approve the attached Metropolitan Urban Service Area (MUSA) map. The map indicates the proposed expansion of the MUSA line in five (5) year increments. The City was asked by BRW, Inc. to prepare the map as a part of the study being conducted on the Revision to the Anoka County 2010 Transportation Plan. The map will also be submitted to the Metropolitan Council upon Council approval. ~ MOTION BY: SECOND BY: TO: '. , , +. '1'1 .e. 1'1 - ~'I~ '" . ~ . .: .;.,.;.. f .I' .~ -/ ,J , ' \ t 4 ioO~71 'q . .. i~ ~ to' l... ," I'K~ " -: I.... I , ,I .,.... , , r I I I I ,." I I I I .J I.' .--:... ,'--\, \-./\ : en ..., " \ - Z .',; .' WO .....~ ' t;;:Ci5 '... ~- ::lB:i " -' 'I ti \, . \ ,a:: ~ ,t.l. " \. ,I '~ z- ; t; ); 'f"" <" In <:) ..Jc:t; Z . ::::. - ... N , Q.~ - <:) 0 ~ ~ i N N , ~ W~ I I ~ ::E <:) In ~ .- ... , 'It >::& i 8 <:) ... ... <:) .; -- N N t, C/) - " , Z4 ~ 'lllI/lfllllii "'" ---.. t I "'" ---- ~ Ww a:l "'" ~------ ",,'II. ---- :I:c: i "'" .------- .,... ~ ,; Wet \ C:' I . Q.w In <:) It) <:) ~ --l ' en C) 0 .- 'N ~(.) <:) <:) <:) en .I 0- < tn ... N N N I (.)f: I d, f f '.. w 6 <:) <:) In ~ en cn Q Cl .. W Z en cn Q I::) , a::CI) ..., ,.. N . . '--J , w II >a: ~'I;'k"r < ~V',U oW /oId(.~ ~~ ~.tt.j.t'r .j.: ... N C") <ten 2'd E800-Z';Z '~~T ('~n~~H ~ H~~I ~~,~T ~h. ~t '~n _.- " '-) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 19, 1993 AGENDA toO. SECTION ORIGINATING DEPARTMENT Staff, Committees, Commissions Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM 1\0. 1991 Uniform Fire Code Discussion BY: /0. The City Council is requested to continue discussing the 1991 Uniform Fire Code Division #1 Fire Apparatus Access Roads with the Fire Chief. The Fire Chief will be discussing the Uniform Fire Code with the Development Committee Task Force earlier that evening. , ~ MOTION BY: SECOND BY: '-- TO: '~ cj UJ o <J~ a: u: ::;; a: o u. % ~ ..,. o N ci . - o N ci - - en en UJ o o u UJ 0: u: ::: a: o u. % ~ - en 0> @\. c 0 "J .:g ~ _ 2 c ] ._ ~ .-:::. 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Ul -0 g 0- :> " ~ ;:! ~ ~ :> " '" " U ]~ W'_ '" t: "0 u '" :> 0"", ~ u ~ U ~ 5 u '" "'.0 '" " " " ";:; :3 2.~ c.;: ~ ~ " - ~ " U:2 ,,0 "N .= C v. __" " ,,; " u _ w _ .: ~ u Q '0,5 -,,"" "'- -ou --T ~ ~ .., o ~ "0 1a ~~-= ~~~ , ~ ." 0 u 00 U ,. ~ ~ "''''' " u ~ ~ ..; - ~ U ~ E: ~ E " ~ ." ~ U C ~ U .. U o~_ ..:> " ~ - U tI:I tolI._ ..!:!;l:: U 0.. u - "- > ""''0 .!:! !'! u E'-=:E > >'::0 ...:.&;) ell u ~ - :: ~ ~ U U U o u.:::. - .. - -= .... CoO >.'r; t: ..:J e-.= - E .. t:J._ U ~o~ Co. c.5 "-~"" .. ~ 0 c:: "'0.5 &.gE ~'i3';; .. ::I E ~]] -,t:" t""" :> " b:i In: U""" 0_ ><'O~ ,_ 0 t.: > ,- e ~ Co... ;;; CITY OF ANDOVER REQUEST FOR COUNCIL ACTION October 19, 1993 DATE AGENDA t-D. SECTION ORIGINATING DEPARTMENT staff, Committee, Commissions Administration APPROVED FOR AGENDA ITEM t-D. Purchase Defibrillation Equipment for Fire Department Rescue Operations Daryl E. SUlander~ BY: ~O/ Acting City AdministI~tor&'1' /1. REQUEST The Andover City Council is requested to approve the attached resolution authorizing the expenditure from the Permanent Improvement Revolving Fund for two defibrillators. The additional units will be placed in Fire Stations #2 and #3, allowing station response for these calls. Note: Expenditures from the P.I.R. Fund require four affirmative votes for adoption. ~ ) BACKGROUND The Fire Department requested $15,000 in the proposed 1994 budget to purchase two defibrillators. Due to budget limitations this request was removed from the 1994 Fire Department Budget and recommended to be purchased from the P.I.R. Fund in 1994. The Fire Chief has requested the purchase be moved ahead of the 1994 time line. RECOMMENDATION I recommend the City Council authorize the purchase from the P.I.R. Fund in the amount of $13,000.00 plus sales tax and shipping charges. Amounts necessary for set-up and training would come from savings realized from station response savings on per call points. MOTION BY: SECOND BY: \._- TO: COUNCIL COPy Cardiovascular disease accounts for nearly one-million deaths in the U.S. annually, nearly half of all causes of death. An estimated 6.2 million Americans have significant coronary heart disease. Sudden death due to cardiac arrest is the most prominent medical emergency in the U.S. today. Forty-five percent(45%) of all heart attacks occur in people under 65. About two-thirds of sudden deaths occur out of hospital, usually within two hours of symptoms. Death rates from coronary heart disease have declined thirty percent(30%) due to medical advances and healthier lifestyles. Many deaths could be prevented by using the chain of survival which the American Heart Association and the Journal of the American Medical Association have developed and include: - Early access into emergency medical service - Early CPR - Early defibrillation - Early advanced care o This starts with community education which is done by instructors certified by the AHA to provide heartsaver courses to the public which include: - Prudent heart living - Recognizing signs and symptoms of heart attack - Gaining early access to emergency medical services Capability of providing CPR Seventy percent(70%) of all cardiac arrests occur in the home. The community should be urged to participate in a heartsaver course. The community, not the hospital or paramedic unit, must be seen as the ultimate coronary care unit. Survival rates in cardiac arrest improve with the early application of CPR by those trained by AHA instructors. Defibrillation is the delivery of a precise electrical current through the heart of a victim in cardiac arrest designed to restore a perfusing heart beat. Rapid defibrillation is the major reason of survival in cardiac arrest. The 1992 National Conference of the AHA and JAMA strongly endorse the principle of early defibrillation which states that all individuals whose occupation requires CPR training be also trained and permitted to use defibrillators. o Station 1 13875 Crosstown Blvd. Andover, Minnesota 55304 612/755-9825 Fax: 612/755-9583 Station 2 16603 Valley Drive Andover, Minnesota 55304 612/421-9426 Station 3 1785 Crosstown Blvd. Andover, Minnesota 55304 612/755-9044 ) Two-tiered emergency medical services response systems, where the first responder has defibrillation capability have decreased death due to sudden cardiac arrest. The city of Andover uses this system but does not have defibrillation capability at all three fire stations. The AHA and JAMA recommend having defibs 4 minutes after a cardiac arrest for optimal results. In hospital cardiac arrests have a very high success rate due to rapid defibrillation. Chances of survival drop dramatically when defib is delayed. The AHA and JAMA define the standard of care for a community as: The Chain of Survival - Prudent heart living - Recognize signs and symptoms - Prompt activation of EMS - CPR - Early defibrillation - Advanced life support , I Tissue cells of various major organs, especially the heart and brain, begin to deteriorate within 4 minutes of cardiac arrest. CPR prolongs life, defibrillation saves lives. The Andover Fire Department is dedicated and highly motivated to provide the best possible health care to its citizens. By making training in CPR available to residents and purchasing 2 automatic external defibrillators is a big step forward. / , I , ,-j \ J J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 Motion by Councilmember to adopt the following: A RESOLUTION AUTHORIZING THE PURCHASE OF DEFIBRILLATION EQUIPMENT FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R074-90 established a Permanent Improvement Revolving Fund containing a Capital Improvement Account designed to fund capital equipment expenditures; and WHEREAS, the City has one defibrillator at Fire Station #1 and needs to equip stations #2 and #3 with defibrillators to reduce emergency medical response time to those areas of the City. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Alldover hereby authorizes the expenditure of $13,000.00 plus sales tax and shipping charges from the Permanent Improvement Revolving Fund Capital Improvement Account for the purchase of two defibrillators. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 19th day of October , 1993 wlth Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A'fTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION October 19, 1993 DATE AGENDA t-O. SECTION ORIGINATING DEPARTMENT staff, Committees, Commissions Personnel Committee APPROVED FOR AGENDA ITEM t-O. Wage & Benefits Plan Adjustments Daryl E. Sulander BV'~ ~~ Acting City Adm~trat pro ~ /;1. . REQUEST The Personnel Committee requests the City Council review salary adjustments to the following personnel as recommended by the Acting City Administrator. These adjustments would become effective November 1, 1993. The contingency accounts in the General, Water and Sewer Funds would be used to cover the additional $2,100 for salaries, PERA and FICA expenditures. r '--.) Position Title Public Works Superintendent Treasurer Planner Building Inspector City Clerk Code Enforcement Current hourlr rate $20. 379 $15.7126 $14.9540 $14.7069 $14.6724 $13.6900 Proposed increase $0.85/hr. $0.40/hr. $1.10/hr. $0.65/hr. $0.65/hr. $0.85/hr. Proposed hourly rate $20.9879 $16.1126 $16.0540 $15.3569 $15.3224 $14.5400 BACKGROUND The Personnel Committee reviewed the 1994 salary plan submitted by the Acting Administrator on July 27, 1993. The review included a position comparison study of metropolitan area cities completed by DCA Stanton Group. This is an annual study sponsored by the following organizations: Assoc. of Metropolitan Municipalities, Hennepin County, League of Minnesota Cities, Metropolitan Inter- County Assoc., Metropolitan Council and the University of Minnesota.' MOTION BY: ,_ ) TO: SECOND BY: :J , \ ,-) - '0 1 'J Page 2 The 1994 plan was analyzed by Cy Smythe, Labor Relations Associates, Inc., after meeti~g with Staff on August 12, 1993. Particular attention was given to several positions which are considerably below the metropolitan area average salary for comparable cities. The interim adjustment proposed here will not put any position at or above the average. In fact, the adjustment will only bring one position above Q1, which means 25% of the survey respondents are below Q1 and 75% are above Q1. The quartiles for the subject positions are shown below. Position Title P. W. Superintendent Treasurer Planner Building Inspector City Clerk Code Enforcement Statistical Analysis Results Quartile 1 Quartile 2 Quartile 3 $43,500 $46,900 $50,600 $37,800 $42,900 $43,100 $47,900 $51,800 $61,100 $36,800 $39,100 $41,900 $36,400 $43,000 $46,300 $36,800 $39,100 $41,900 The pay equity analysis performed by Cy Smythe shows the city will remain in compliance with state legislation using the recommended adjustments and implementing a 4% increase for the 1994 wage plan. Additional adjustments will be reviewed with the 1994 wage plan for implementation after January 1, 1994. The following comparison details the inequity of the six positions current annual salary level. position Title P. w. Superintendent Treasurer Planner Building Inspector City Clerk Code Enforcement Current annual rate $42,048 $32,808 $31,224 $30,708 $30,636 $28,585 proposed annual rate $43,823 $33,643 $33,521 $32,065 $31,993 $30,360 Metropolitan area average $47,400 $40,400 $52,400 $38,878 $41,906 $38,878 The requested adjustment continues closing the gap between salaries at Andover and the other metro cities. :J AGENDA toO. ITEM 00. /.3. "- MOTION BY: ) SECTION Discussion CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 19, 1993 ORIGINATING DEPARTMENT Planning Wasteco, Inc. Land Acquisition Discussion ~ David L. Carlberg City Planner APPROVED FOR AGENDA BY: The City Council is asked to consider purchasing 110+/- acres of land located south of the Waste Disposal Engineering Site for a future site of the Andover Commercial Park II (consult the attached site map). City Staff met with Ron Roth, Wasteco, Inc. on Friday October 8, 1993. Mr. Roth indicated that he,would be willing to sell the property to the City for $7,000 an acre. Bill Hawkins, City Attorney will be contacting Casserly Molzahn and Associates, Inc. to review the feasibility of creating a Tax Increment Financing (TIF) District in the area indicated on the attached location map. Mr. Hawkins will provide the information at the meeting. TO: SECOND BY: ;'2\ I "':":" l:"::S:F:"":',<'li;:~\I(Jf;'/' .d"~<" Nt,:.";} 'o;:>..N.:': "\. :.<"J '),{'O;j" "Lt:):..:>,; 1,./.\:.'/% ,;,:..;~' f.,?':;.'['llii', /';,::..,.,',.,.'.'.",.' :-_<! , ,"" GZ,zt ..,.~;{/.~{./;g:: %Hr)~j. 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'''H.,q:{, ; ~.' ~ - ,..,,'~'.:t~.'J " --, GA' d 11"IEN ---,-----'____1:-:- ~ s .~ ~~ ;': " ;, ,{~ : , n ..." ' I I ' , '. . , <2' ~"-,. \<. "-'.. " ':'''' ~ : I ,;. '.Tr;:;<r :'Ikf'~ 'I', f)""~5'J:]JP,;~~l' . :. 1 I :' ., ~ " ID clr-( t-RCC " . u;i.!. ,J~.I.~ K=. , ' I" ,_ J I ~ \\f..........,C1.,..,.'7"'"'I!,l"", .... I iN '.! 1,1, I . '" ,',,,,',, f"~'=i;f'H'-'ii'~'":'i{i\.~: 'AC ~ES' I ,'i I ~;WOKl I . ,.......:~fJ= ~ :~; ',:::::'Wl;. :~- ,i~ ',0 Jo/O)VER ~OlHlARY J:{Jtj:;,;~1 1 I ! ~!r"7T I , '~..""",,., ....",. ." ' ,"r. r, .~~-' ~' ...... -YS" , I , ~ ~ I . . I ---- -- ._~...~,,!~.;,!,.,'~~-.L-,'.:.....~_,..,"'-~~.:.,",,'.,,_--'-~~~r . NB L Ci'!'{ CF c"'...',,,,",, F1;";::',[;',,. . _ _ ~ ,..."". , . 1rAtlQ. 3 n' I ' 'I i . :::'-'1 I i I ~ . - I I - ---_____L___ : \OOVi/" -:~ t_, \ , \ " \ - ;- 11T~'-": ,.' .. F~e oe,F'AFlTloENT,};:'_WALL:,_'..:_~: I :: .:,r_ r2:r" ..': ~ ___Ai ----__2__~_ " : [:"'3 ;,'~ " r \ : I . ,."., :,; f- ,.... .::" :: ~ II' ~,'~~. f toclQ" : ..;..:., ';4. r--' ~ '~""'''' 10'....., I ~,.. '1'" '11 /, ,/ /1 '\ : ,I" ,,. "'4'~,' ~'2/ I t :. ':. ~ . 4.~/:\\ '/ "' :;:,:;;;-::_",,".,,;'1'~l"''r~'E'"'''' I~I r-; t :-~Ir"'....,..~. ~Y')~"""""". . t .... G: > 1.-lc?Ili:S'~ ~,' . I 1 ,..'......''':;':::'''',.. -, '. r -/ ---~'t- t' .- " )', ;:-n ~ rJ 0',,,' { , - , ~ , ;::::;: ~ '..J -.J~_ -......J___~ _,......,__'"-. -~_ . I 1~__r-l.ll -,. "'- .ll.... I ~""+.... ."::J.c::. U'-I ~4' '=,~ ,"-;:I: 22 Casserly Molzahn & Associates, Inc. 215 South 11th Street. Suite 300 · Minneapolis . Minnesota 55403 o OffIce (612) 342-2217 · Fax (612) 334-3382 o :_) MEMORANDUM TO: The City of Andover FROM: James R. Casserly Mary E. Molzahn- ..... .1 DATE: october 14, 1993 Debt Financing for the purchase of the Waste Control Inc. property RE: We were asked to show the impact on the City's tax increment funds if bonds were issued to purchase property from Waste Control Inc. for a proposed industrial park. In consultation with Bill Hawkins we structured a ten year bond in the principal amount of $825,000. Attached you will find a Schedule for what we are calling the Tax Increment General Obligation Bonds of 1994 or 94 Bonds. In order to determine the impact of the 94 Bond debt service, we examined your tax inc=ement cash flow for 'l'J:F District No. 1-1 without the 94 Bond debt service. We also assumed no inflation and no interest earnings. Schedule A illustrates the City's cash flow with these assumptions. As can be seen on Schedule A-2 the Beginning Fund Balance for the year 2005 (after the 94 Bond is paid in full) is $4,993,465 (the Beginning Fund Balance is the top line on the cash flow). Schedule B incorporates the debt service, of the 94 Bond. On Schedule B-2 the Beginning Fund Balance for the year 2005 is $3,778,740. Schedule B also assumes no inflation and no interest earnings. Please note that neither Schedule A nor Schedule B show any tax increment resulting from creation of a tax increment district for the industrial park nor do they show any proceeds from the sale of land. o ~J ,) --. ---- -. .---. ~-" '-__' """ _..1'1 '"-'........ .0::;...1...." W'- J ~... ;;;'...j ~~ :~:2 -- In conclusion if we assume no inflation, no interest earnings, no new tax increment and no land sale proceeds then the City I S tax increment fund balance will be almost: $5,000,000 in the year 2005 if you do not: acquire the property with the 94 Bond; or the City's fund balance will be almost $3,800,000 in 2005 if you do acquire the Waste Control Inc. property with the proceeds of the 94 Bond. Please call if we can provide you with any further information or if you have any questions. CITY OF ANDOVER, MINNESOTA ~.I.G.O. BONDS, 1994 , ' .--------------------------------------------------------- D~' 1 PRINCIPAL COUPON INTEREST TOTAL '--'" .--------------------------------------------------------- 5 / 1994 7.50% 0 0 8 / 1994 0 7.50t 15,469 15,469 2 / 1995 7.50% 30,938 30,938 '8 / 1995 60,000 7.50t 30,938 90,938 2 / 1996 7.50% 28,688 28,688 8 / 1996 60,000 7.50% 28,688 88,688 2 / 1997 7.50% 26,438 26,438 8 / 1997 70,000 7.50% 26,438 96,438 2 / 1998 7.50t 23,813 23,813 8 / 1998 75,000 7.50% 23,813 98,813 2 / 1999 7.50% 21,000 21,000 8 / 1999 80,000 7.50' 21,000 101,000 :2 / 2000 7.50% 18,000 18,000 8 / 2000 85,000 7.50% 18,000 ',103,000 2 / 2001 7.50% 14,813 ,: 14,813 8 / 2001 90,000 7.50% 14,813 104,813 2 / 2002 . 7.50% 11,438 11,438 8 / 2002 95,000 7.50% 11,438 10'6,438 2 / 2003 7.50% 7,875 7,875 8 / 2003 100,000 7.50% 7,875 107,875 2 / 2004 7.50% , 4,125 4;125 8 / 2004 110,000 7.50% 4,125 114,125 () ------- ------- --------- 825,000 389,719 1,214,719 .=~=_ss ------- ::I:~==;::_:: ------- ~ ) 4BONDS CA~~~LY MnLZAHN ~ ASSOCIATES 14-0ct.-93 Without 94 Bonds Schedule A-l em OF ~0<l\'!R. MINNESOTA NO Inflation l4-Oc:t-iJ 001 NO Interest , ~ TlF OISTRICT '1-1 (F9) IOJSINC: PROJECT IlEDfVEl.OPI'1ENT DISTRICT: 7/as - 12/2012 o 1989 1990 1991 1992 1993 1994 1995 1996 1997 smINHING FUND BAlANCE 82.401 318,404 363,017 n4,3161,125.446 965.068 1.312.574 1.661.531 2.012.087 REVElIJESI TAX INCm4ENT 217,246 260, SB6 343.2S4 318.000 442, 622 442.622 442,622 442.622 <<2,622 Lm) SAlES 31,420 5,000 55. 6Z7 mER REVENUES 5,166 INTEREST EARNINGS B.SOO 25,565 47,566 63,450 0 0 0 0 NNJAl. REVENUES 257,166 291,151 451,643 381,450 442.iS22 442.622 442. iS22 442,622 442.622 JOT AI.. AVAIl.A8l.E 339,567 609,555 814,600 1,155,764 1,S69,06ll1,407.S89 1,755,196 2,104.152 2.454,709 .... -- -- . .- EXl'E!lSES: .QIINFEES 24,000 24,000 24,000' 24,000 24.000 24,000 24.000 P!lOJECT EXPENSES 3.002 23.4n 16,344- 4.1503 OTHER EXPENSES em SERVICf 18.161 223. OS1 n7 $0,000 n.115 59, 665 sa.OS5 66.315 ANNUAL EXPENSES 21,163 246.538 40,344 29.320 604, COO 95,115 93.665 92.065 90.315 -- ____T - - - ..---- ANN.lAL BAI..ANCf: 236.003 44,613 411,299 352.130 (161,378) 347,507 348,957 350, S57 352.307 ...-..--- - ___4 ~..-- - ....,.~ , 'ATIVE BAl..ANCf 318,404 363.017 n4,3161,126.446 965.CES 1.312.574 1.661.531 2.012.087 2.364.394 ''-..,/ --------- u... -..:.a&:: -~._.- ORIGINAL rAX CAPACITY 41,697 41.391 41 . 291 42.271 42. Z71 42.271 42.271 42.271 42. Z71 ~"lATEO TAX CAPACm 307.387 339,636 394,731 4OS,2SB 44ll,54O 44ll. SAC 44ll,S40 448.540 448.540 INFlATION 0:: 0% 0:: 0: 0:: i;.x 1lA~ 0.90088 0.94003 0.95401 1.08459 1.14682 1.146S2 1.146S2 1.14682 1.14682 Ilm!lEST RATE 0.0% 0.0:: 0.0: 0.0% 0.0% ~CTlCN RATE 9S% 95% 9S% 95% 95% 95% , ) '-----' CASS~LY MOLZAHN & ASSCCIUES OCT :1.4' 93 :1.5: 23 6:1.2-334-3382 CASSERLYMOLZAHNFLINT 544 P06 Schedule A-2 CIiY OF ANOOVEll. MIlf'ESOTA CD1 ~-) BEGI~lNa FUND BAl.AIQ: REVENLJES: TAX INCREMENT \,.AIm SAUS aTHER AEVOOES INTEREST EARHI~ NNJAl. REVENUES tOTAL AVAIlABLE EXPENSES. AlJ11N. FEES PROJECT' EXPENSES ontER EXPENSES 0EllT SEllVtCf ANNUAL EXPENSES ~'--~L BALANCE CU1JL.AT!VE 3ALANCE ORIGINAL T1')( CAPACIiY ESTDIATEO T1')( CAPACITY INl'lA TION T1')( RATE INTEREST RATE COLLECTION RATE ,.) 14-Oi:t:-93 TIF DIST1ltCT 11-1 (F9) HOUSING PROJECT REoEVElDl'MfNT DIST1UCT. 7/56 - 1212012 '998 1999 2OCO 2001 2002 2003 2004 2Q05 2C06 2.364.394 2.71a,575 3.074,757 3.428,038 3.783.740 4,165.971 4.550.843 4,993.465 S.435.CS5 442,522 442.622 442.522 442.62% 442.522 442.622 442.522 442.622 442.522 442.522 442.622 442.522 442.622 442.622 442.622 442.522 442.622 442.622 2,807.0153.161,1973.517.3783.870,6604,225.3514.608.593 4.993.4655,435.086 5.878.708 - --- .!IF 24,000 24,000 24,000 24,000 64,440 62.440 65,340 62. 920 60.390 57.7~0 ea,44O 56.440 89.340 86,920 60.390 57 , 7Sl 0 0 Q - -..... - --------- .--- . 354.182 356.182 353,282 355,702 382.232 384.872 442,622 442.522 442.622 ------- --...... -- --....--- 2.716.5753.074,757 3,428,038 3.783.740 4.165,971 4,550.843 4.993,4655,435,086 5. 378. 7C8 , _.~~~:I:_.____~"'..-s===--- -:__..~- 42. 271 448, S40 42,271 448. S40 42.271 44S,S40 42.271 44S. S40 42.271 44S,SolO 42.271 44S.S40 42,271 448. S40 42.271 448. S40 42.271 448. S40 1.146S2 1.14682 1.14662 1.14M2 , .14682 1.14682 1.14682 1.14682 1.14M2 95% 95% 95% 95% 95% 95% 95: 95% 95% CASSERLY I1)llAHN & ,\SSOCIAT'ES b~..:::-...:)...:)...-"':''''':'d':'; ~H;:::).;:lC.~L-' 1.1l.,."jL-.:;..r-trll....rr-J.I.... I .-J......-I-~ , ~'"- 1-...-....----__. G.o_- Schedule A-3 001 C11Y OF ANOOVER. MINNESOTA 14-Oct-93 ~-J TlF OISTRICT '1-1 (F9) HOUSING PRO.lECi ~ DISTRlCi: 7/86 - 12/2012 2007 200S 2009 2010 2011 2012 TOTAL BEGINNINlO FUND BALANCE 5,878.708 6,321,329 6.763.951 7,206.572 7,649.194 8.091.815 REVSlUES. TAX INCR&.ENT 442.522 442.622 442,622 442.622 442.622 442,622 9.991.547 UNO SALES 92.047 CTMER REVENUES 5.166 INTEREST EARNINlOS 145.081 ANNUA1. REVENUES 442.622 442.622 442.522 442. 622 442. 622 442.622 10.233.841 TOTAL AVAI1.ASLE 5.321,329 6.753.9$1 7,206,572 7.&49.194 8.091.815 8.534,437 .-- .. -. ..- EXPENSES. ACt1IN FEES 264,000 PIWECT EXPENSES 41,425 O'TllER EXPENSES 0 CEBT SERVICE 1.470.379 .Am<<JAI. EXPENSES 0 0 0 0 0 0 1.781.805 --.....---- ..-.- ~. .I_-=- '''''UAL I!AlAHCE 442.522, 442.622 442. S22 442.622 442.622 442.622 8.452.036 {" ) ---- - -- --_v --- -- CHJI.ATIVE BALANCE 6.321.329 6.753.951 7.206.572 7,649.194 8.091 .S1 5 8.334.437 -_.~.. ---._---- 4. - CRIGINA~ TAX CAPACITY 42.211 42.271 42.211 42.271 42.211 42.271 OST~TED TAX CAPACITY 448. S40 448. 540 448. 540 448.540 448. S40 448.540 INFtATICN TAX RATE 1.14S82 1.14682 1.146a2 1.14682 1.14SS2 1.14682 :NTEREST RATE c:t.UCTICN RATE 95% 95% 95% 95% 95% 95% ~) CASSER~'f I1ll.ZAHN ~ ASSCCIATES ~,) C\SSERL Y I'CLZAHN :. ASSOCL\ TES l4.-Oet.-93 ',> ,,_J BEGINNING FUND BALANCE: ilEVOOES: TAX INCREMENT LAHD SALES OTHER REVENUES nmREST EARHINCS ANNUAL. IlEVENUES TOTAL AVAILABlE EXPENSES. Aa1IIf FEES PllOJECT EXPENSES cmG EXPENSES DEBT SERVIa: N/NUAl. EXPENSES ANNUAL BALANCE C'....I1.ATIVE BALANCE V ORIGINAL TAX CAPACITY ESTII'ATED TAX CAPACHY INFlATION r.lX RATE: INTEREST RATE CCl.U:C11ON RATE , ') >.., Jot; Schedule -~-:l CITY OF ANlXlVEll. MINIESOTA TIF DISTRICT '1-1 (F9) HCUSINQ PIlOJECT REOOIEL.OPMEHT DISTRICT. 7166 - 12/2012 1998 1999 2000 2001 2002 2003 2004 ~05 2006 1,986.7972.218.3522,4$2,534 2.684.815 2.920.891 3.185,246 3,454,368 3.778.740 4.221.361 442.622 442.622 442.622 442.622 442.622 442.622 442,622 442.622 442.522 442.622 442,622 442,622 442. 622 442.622 442.622 442. 622 442.622 442.622 2.429.4182,660.9742.895,1553. 127.437 3.363.~12 3,527,868 3,896,990 4.221,361 4.563.983 -- .::iF F" . ----...- 24,000 24,000 24,000 2&,000 187 ,066 184.440 186.340 182,546 178.266 m. SOO 118.2SO 21-1.066 208.440 210.340 206, S46 178,266 173. 500 n8,2S1 0 0 _...---....... .- -- . 231,556 234.182 232.282 235,075 264,356 259.122 324,372 442.622 442.522 -------- ~ ---. ..~ -- --- - 2.218.352 2.452.534 2.684.815 2.9~,a91 3.185.246 3.454,268 3,778,740 4.221.361 4,653.983 -_-.--~ -~ =--- -===-- 42.271 42.271 42.271 42.271 42.271 42.271 42.271 42.271 42.271 448, S40 448. S40 448.~40 448. S40 44S.S40 448. 540 448. S40 44a. S40 448. S40 1.14682 1.14682 1.14682 1.14602 1 . 14.6l!2 1.14682 1.14682 1 . 14.6l!2 1.14682 95% 95% 95'% 95% 95% 95% 95% 95% 95% CASSERLY ~ 1 ASSOCIATES 14-Oc:t-93 ~ ) BEGlNNINIa FUND BALoAta REVaAJESI TAX IIlClWGT ~ SALES oniER REVENUES OOEREST EARNINGS AlKIA1. REVENUES TaTAl. AVAILABLE EXPENSES: IDtIN FEES PllClJECT' EXl'!NSES OTHER EXPENSES 0[!lT salVICE AH1IlW.. EXPENSES ANNUAl. BAlAllCE / \ " I ah..ATIVE BAlAllCE ORIGINAL TAX CAPACm ESmiAn:D TAX c;.pACm L'lFlATIC:l .:.:1, UTE INTEREST' RATE c=LL..<crION RATE ....._.; TIFl -_a .___.._.. '___~I 1.'1 _.1 "I, ~---'--'--U~l -......___-__ -___ ~~ __ Schedule B-3 CITY OF AHlXlVER. MINNESOTA T1F DISTRICT 11-1 (F9) HOOSINIa PROJECT REOEVaOFI1EHT DISTRICT: 7/86 - 12/2012 2OQ7 2Oll8 ~g 2010 2011 2012 TOTAL 4.663.983 5.106.604 5.549.226 5,991.847 6.434.469 6.817.090 A42.622 442.622 442.522 442.622 442.622 442,622 9.991.547 92,047 5.166 145.081 442,622 442.622 442.622 442.522 442.622 442.622 10.233,841 5.106,604 5,549.225 5.991.847 6.434.469 6.877.090 7.319.712 ....1 284.000 47.426 0 2,~5.104 0 0 0 0 0 0 2.996.530 - -.~ -- .- .. - 442.622 442, 622 442.622 442. 622 442. 622 442.622 7.237.311 --r . .. eov- --.-.v-- 5.106,604 5.549.226 5.991,847 6,434,469 6.877,090 7.319.712 -- ayv--- -... . --- -- --- 42.271 42.271 42,271 42.271 42. 271 42.271 448. S40 448, 540 448. S40 448.540 448.540 448.540 1.14682 1.14682 1.14682 1.14682 1.14682 1.14682 95% 95% 95% 95% 95% 9S CASS~~LY I"OLlAHN 1 ASSOCIATES , 4-Oct-93 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 19, 1993 AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Admin. BY: Accept Assessment Rolli Waive Hearing/92-29/Echo Woods v. volk i~,D ' I{. The City Council is requested to adopt the attached resolution accepting the assessment roll and waiving the assessment hearing for project 92-29, Echo Woods. Attached are the letter from the developer waiving the hearing and the resolution. V:Attach. " \ "- MOTION BY: SECOND BY: ) '- TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. , "0TION by Councilmember to adopt the following: \,J A RESOLUTION RECEIVING ASSESSMENT ROLL FOR THE IMPROVEMENT FOR PROJECT NO. 92-29 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. 92-29 ; and WHEREAS, the Clerk has notified the Council that 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. Pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the right to appeal, the Council has not heard any objections to the proposed assessment for the improvements. 2. Such assessment together with principal years, the first of the day of April, 1994 per annum from the date shall be payable in semi-annual installments, and accrued interest, extending over a period of 10 installments to be payable on or before the 15th -- and shall benr interest at a rate of 5.5 percent of the adoption of this assessment resolution. 3. The owner of any property so assessed may at any time pay the wholp. of the assessment on such prop~rty with interest accrued to the date ,'- ',: payment to the Ci ty Treasurer. "--/ MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 19th 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: J. E. MCKelvey - Mayor Victoria volk - city Clerk , '\ ,J .~J , \ ,-J' :J 7556311 p.02 october 13, 1993 Res Echo Woods city 'Project 92-29 Dear Mayor and council: As owner of the Plat of Ecno Woods, we here with hearing and accept the assessments as proposed. waive tne right of appeal. idge partnership . EIlItnerich waiV'e the public AdditionallY we -, o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 19, 1993 AGENDA toO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM 1\0. Admin. BY: Adopt Assessment Rolli 92-29/Echo Woods v. Volk l\'~ . jS. The City Council is requested to adopt the attached resolution adopting the assessment roll for Project 92-29, Echo Woods. Attached is the necessary resolution. V:Attach. '---) MOTION BY: SECOND BY: ,~ TO: ~ o ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN, AND STREETS, PROJECT NO. 92-29, ECHO WOODS WHEREAS, pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the 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 Councilmember and adopted by the City Council at a regular October , 1993 meeting this with Councilmembers 19th day of 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 Ortohpr 19 1993 AGENDA toO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM r-.o. Admin. BY: Declare Cost/Order Assessment Roll/project 93-22 v. Volk U. /~. The City Council is requested to adopt the attached resolution declaring cost and ordering the assessment roll for project 93-22, sanitary sewer and water area charges for property in Section 23. Attached is the necessary resolution. V:Attach. "J MOTION BY: SECOND BY: '--) TO: ~J o ~) 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 AND WATER AREA CHARGES , FOR PROJECT NO. 93-22 , SECTION 23 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 $ -0- ,and the expenses incurred or to be incurred in the making of such improvement amount to $ -0- and work previously done amount to $ -0- so that the total cost of the improvement will be $27,600.00. 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 $27,600.00. 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. 2. 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 19th 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 A'rTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October ] 9. 1993 AGENDA r-n. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM r-n. Admin. BY: Accept Assessment Roll/ Waive Hearing/93-22/San. Sewer & Water Area \~, V. Volk \). /7. The City Council is requested to adopt the attached resolution accepting the assessment roll and waiving the assessment hearing for Project 92-22, Sanitary Sewer & Water Area charges. Attached are an agreement between the developer and the city agreeing to the assessment and the resolution. V:Attach. '- ) MOTION BY: SECOND BY: , ) TO: ~-) :J :J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 SEWER AND WATER TRUNK EXTENSIONS FROM WINSLOW HILLS THIRD ADDITION The property owner agrees that the City may construct and specially assess the costs against Property I.D. # 23-32-24-23-0002 & # 23-32- 24-23-0003 for sanitary sewer trunk and water trunk extensions from the Winslow Hills Third Addition to serve said property. The property owner waives all rights of appeal of special assessments pursuant to Minnesota Statute S429 and agrees that the costs of such sanitary sewer and water trunk may be assessed against the lot known as Property I.D. # 23-32-24-23-0002 & # 23-32-24-23-0003, notwithstanding the fact that the special benefits received by said lot may be less than the amount of the special assessments levied by the City. The amount of the sanitary sewer trunk assessment shall be Nine Hundred Seventy-five and no/100 ($975.00) Dollars per acre for 24.10 acres or a total of Twenty-three Thousand Five Hundred and no/100 (23,500.00) Dollars. The amount of the water trunk assessment shall be One Thousand Thirty-eight and no/lOO ($1,038.00) Dollars per acre for 3.95 acres or a total of Four Thousand One Hundred and no/100 ($4,100.00) Dollars. The property owner further acknowledges that the City's construction of the sanitary sewer and water trunk and acceptance of the assessment therefor against the property known as Property I.D. # 23-32-24-23-0002 & * 23-32-24-23-0003 shall not commit the City to approval of a rezoning, subdivision or development of the property nor to make sewer or water available to such property. PROPERTY OWNER CITY OF ANDOVER ASHFORD DEVELOPMENT CORPORATION, INC. 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(" n) \Jl QlI'l l.J I\) tq 0> ;:>~ , '~'I:.r-L, O~Dtn"" iro -i 0 -< G~ ~ 0 -i ~ D 111m n r gJ, A [; :0 D Ul IJ:l t.. ~!;;~ ,': (!) n: tn C m Z o H fl -i (. D :{ 0 ~ , I ; "-" II' " ... " ~ o fD '" fD ;l " ~, ~ ~, ~ "' m tq tq ..., o o rl) .:-- \Jl rli \Jl ()'l 0> .:-- ()'l \Jl ()'l n) tq .:-- J> ... \Jl \Jl <D .:-- ~ \Jl o ~ '" \Jl ~ ~ o \Jl ()'l I\) ~ \Jl fl) (.J I\) ~ 0> ... 1 ... \Jl 1 J o J o 1 J o 1 J 1 for. . . tq t \Jl UI t -.I -.I tq n) I I. I o O()'l o Om o oorl glgg~ i mrJ ~'1 ~~ UI tq ~g J ~ n 0_ 0:0 -<8 ~~ W II m '- ~ ~ ~ ;-:!~:~;~ ~rL~ ~ ~:t e}~ ~ ~_t~~,_~.-~-f~~-~~1j.~_t!J_e_f,'~.~} ~~~~__~_xJ'!:~ ;:., ~ !l,r;!!l ~_~.~ P r~" H:-:;: I I :;i:;: :-: :: ~ ;-; :- ~ "':": " ~ ,~.~. ',' IJ .. t CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ,'OTION by Councilmember to adopt the following: ~) A RESOLUTION RECEIVING ASSESSMENT ROLL FOR THE IMPROVEMENT FOR PROJECT NO. 93-22 WHEREAS, by a resolution passed by the City Council on October 19 , 19 93 ,the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 93-22 ; and WHEREAS, the Clerk has notified the Council that 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. Pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the right to appeal. 2. Such assessment together with principal years, the first of the day of April, 1994 per annum from the date shall be payable in semi-annual installments, and accrued interest, extending over a period of 10 installments to be payable on or before the 15th and shall bear interest at a rate of 5.5 percent of the adoption of this assessment resolution. 3. The owner 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. ;~~OTION seconded by Councilmember the City Council at a regular and adopted by meeting this 19th 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: J. E. McKelvey - Mayor Victoria Volk - city Clerk (j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE October 19, 1993 AGENDA toO. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Non-Discussion Items ITEM t-O. Admin. BY: Adopt Assessment Roll/ 93-22/SS & WM Area Charges v. volk 0,0. /1 The City Council is requested to adopt the attached resolution adopting the assessment roll for Project 93-22, sanitary sewer and water area charges for property in Section 23. Attached is the necessary resolution. V:Attach. /~ ) MOTION BY: SECOND BY: .- \ TO: , , ) '- ~ '::) \ " j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN, AND STREETS, PROJECT NO. 93-22, SANITARY SEWER AND WATER AREA CHARGES WHEREAS, pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the 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 Councilmember and adopted by the City Council at a regular meeting this 19th 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 DATE: october 19, 1993 ITEMS GIVEN TO THE CITY COUNCIL planning and zoning Minutes - September 28, 1993 City Council Minutes - October 5, 1993 Letter from F.C. Marshall, MNDOT - September 28, 1993 Letter from Doug Uhrhammer, Anoka Electric - October 7, 1993 September 1993 Monthly Building Report Fire Department Information Cedar Crest Pond Feasibility Report Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ~ !O c..c. 10/1'1/<1J f(\l'\~tlESaO'41q. li lei: ~ fo.' ~ .ff ~1:1- ~. OF TP.~ Minnesota Department of Transportation Transportation Building 395 John Ireland Boulevard Saint Paul, Minnesota 55155 RECEIVED r OCT 08 19931 CITY OF ANDOVER September 28, 1993 David L. Carlberg, City Planner, Citv of Andover 1685 Crosstown Blvd. tL\<T. ' Andover, Minnesota 55304 Dear Mr. Carlberv: The current standard for signing within the Metro Area is to limit the city signs to legal boundaries only along the State highways and freeways. These are the si~s that also have the most recent population included. Interchanges and ongrade crossings on both the Interstate and Trunk Highway System are signed for that particular cross road. Often an entire town- ship or at least a major portion of it is incorporated such as Coon Rapids, Andover, Eagan, Burnsville and the list goes on and on around the Metro Area. Frequently, we will sign multiple crossings within the same community as is the case here in, Anoka and Coon Rapids. The External Sign Variance COMmittee discuBsed these reauests at great length regarding the ramifications of altering such a major Metro Area sip,n policy. The Committee then voted unanimously to recommend against the requests of the three communities. I also reviewed the action of the Internal Sign Committee in this regard and concur in the ~Tery real concern that if the requests of Anoka, Andover, and Coon Rapids were approved, it would literally open Pandoras Box all around the Metro Area. I am therefore accepting the Committee's recommendation and denyin~ these requests. Although the present system of signin~ may not treat everyone absolutelv equal, I feel it is by far the best approach in fairness. All Equal Opportullity Employer I~ -TO c.:., c.. o <A- 1"1' jC-r' , ANOKA ELECTRIC COOPERA TIVE 2022 NORTH FERRY STREET ANOKA. MINNESOTA 55303 PHONE: (612) 323.2600 MN WATTS '-800-642-7672 " October 7. 1993 City Council Members City of Andover c/o David Carlberg City Planner City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 RECEIVED ~ J F' OCT 0 B 1993 ~., CITY OF ANDOVER Dear Council Members: AEC I S Board of Directors and staff has fully considered the available sites suggested for location of AEC's proposed Service Center and Headquarters facilities. Our consideration included an analysis of the geographic suitability of each site, as well as, an analysis of all financial proposals submitted to AEC to help facilitate the development. With regret, AEC must inform you that the proposed site within the city of Andover is no longer under consideration. Thank you for the help you gave to us in our locational search. DU/ar c: Rich Newland Larry Peterson 'Commltted to customer satisfaction through selVice, leadership and involvement. " CITY of ANDOVER MEMORANDUM " TO: COPIES TO: FROM: DATE: Mayor & City Council City Departments David Almgren October 6, 1993 REFERENCE: SEPTEMBER 1993 MONTHLY BUILDING REPORT I hereby submit the following report of the Building Department for the Month, of September 1993: BUILDING PERMITS 39 Residential (31 Sewer/9 Septic) 2 Additions 6 Garages 1 Remodeling/Finishing 2 Sheds 1 Swimming Pool 1 Chimney/Stove/Fireplace 2 Structural Changes 17 Porches/Decks 2 Repair Fire Damage 73 APPROXIMATE VALUATION $ 3,984,000.00 60,100.00 44,760.00 3,000.00 12,000.00 9,300.00 1,150.00 1,050.00 44,358.00 1,150.00 $ 4,160,868.00 PERMITS 73 Building Permits 1 Curb Cut 2 Footing Permit 1 Moving Permit 36 Heating Permits 11 Heating Repair 32 Hook Up (Sewer) 33 Plumbing Permits 29 Plumbing Repair 73 Pumping Permits 17 Septic Permits 9 Septic Repair 32 Water Meter 40 Certificates of Occupancy 8 Contractor's License 36 License Verification Fee 12 Health Authority Form 32 Sewer Administration Fee 32 SAC Retainage Fee 4 Reinspection Fee FEES $ COLLECTED 28,084.50 5.00 30.00 100.00 1,749.25 240.00 800.00 3,606.00 450.00 182.50 595.00 315.00 1,600.00 160.00 200.00 180.00 60.00 480.00 240.00 120.00 $ 39,197.25 SEPTEMBER MONTHLY REPORT October 6, 1993 Page Two Total Building Department Income--September 1993 Total Building Department Income--YTD 1993 Total Valuation--September 1993 Total Valuation--YTD 1993 Total Number of Houses YTD - 1993 407 Total Number of Houses YTD 1992 364 $ 39,197.25 390,977.84 4,160,868.00 42,778,248.00 DA/jp .......---...---.. ...-.....-.........--- m tC ~9 l 88 5 W 6t III NOl!VlS II NOl!VlS I NOl!VlS OLA HINOW IN3MMOJ Sll~J NOlms 65t OC S9NI133W NOIl~lS C6/6Z/60 ZC 9NI133W SS3NIS08 C6/ZZ/60 CC lll~O C6/5t/60 9C lll~O C6/80/60 8Z lll~O C6/tO/60 -----------.........---...---...-----...- S9NI133W f Slll~O ......-......... 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JPlq.. f'.1 irf) . .1~H <J . ~ ~ r ~.1 ~ .s ~ 4 1l ~ cc~ 1 . ~.~ cl~I:) ~ ~ ~ ~ ]~ ~ T<l~ ,~ o () d ~ :::> o (,) J ~ (l " "...-) ',~ ~ \s:. C::::--\ \~ -,~ ~~ ~ ~ ~l ~ ClO~ o *3~ "'. . ~ ~p o @ o "" o ," TKDA TOLTZ, KINO, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS. ARCHITECTS' PLANNERS 1500 PIPER JAFFRAY PLAZA _ CEDAR STREET SAINT PAUl. MINNESOTAS5101-21.0 PHONE:e121n2....00 FAX:e121n2.oo83 October 19, 1993 Honorable Mayor and City Council Puldover,~esota Re: Feasibility Report Cedar Crest Pond Storm Sewer Improvements City Project 93-21 Puldover,MU1uesota Commission No. 10533 Dear Mayor and Council: Location The proposed improvements would include storm sewer outfall piping from the existing pond located east of Xenia Street NW between 173rd Lane NW and 172nd Lane NW in the SW 1/4 of Section 5, in the City of Puldover, MU1uesota. Proposed Improvements The proposed improvements would include storm sewer outfall piping from the existing pond to 172nd Lane NW, east on 172nd Lane NW and then south along the back lot lines, south of 172nd Avenue NW to the existing ditch that flows west to the Rum River. As an alternate to the gravity storm sewer, a lift station with forcemain was also investigated. The estimated construction cost for this alternate was more than the gravity storm sewer. In addition to the construction costs, operation and maintenance costs would also need to be added for the life of the lift station. Initiation The project was initiated by the Puldover City Council. Feasibility The project is feasible., Honorable Mayor and City Council Andover, Minnesota October 19, 1993 Page Two Right-or-way /Easements There is a 20 foot drainage and utility easement north of 172nd Lane NW between Lots 4 and 5 of Block 1. Additional temporary easement may be required here based on the fmal design. On the balance of the proposed aligrunent, permanent and temporary easements would be required to construct storm sewer. Note: Additional legal and condemnation costs are not included in this report. Costs for these items would need to be added to the Total Estimated Project Cost. Permits A permit would be required from the Lower Rum River Watershed District and the Department of Natural Resources and/or Corps of Engineers for work within a protected wetland. Completion Summer 1994. Estimated Project Cost Included in this report is a detailed estimate of construction costs for the improvements. The costs quoted herein are estimates only and not guaranteed prices. Final contracts will be awarded on a unit price basis. The Contractor will be paid only for work completed. The estimated costs for the Cedar Crest Pond hnprovements, City Project 93-21, are as follows: Storm Sewer Restoration $37,407.00 14.170.00 Subtotal Contingencies $51,577.00 5.153.00 Engineering Legal Fiscal Administration $56,730.00 15,000.00 5,090.00 600.00 2.000.00 Total Estimated Constru(,1ion Cost Total Estimated Project Cost $79,420.00 Honorable Mayor and City Council Andover, Minnesota October 19, 1993 Page 1bree Estimated Assessable Cost It is proposed to assess the project costs by contributing area that drains to the existing pond. A Preliminary Assessment Roll is included showing a breakdown of assessments. Proposed Project Time Schedule 1. City Council Receives Feasibility Report October 19,1993 2. City Council Orders Public Hearing October 19, 1993 3. City Council Orders Project and Authorizes Engineer to Prepare Plans and Specifications November 16,1993 4. Engineer Submits Plans for Council Approval and Receives Authorization to Advertise for Bids January 18, 1993 5. Advertise in Official Newspaper January 21 & 28, 1994 January 21 & 28, 1994 February 11, 1994 February 15, 1994 May, 1994 6. Advertise in Construction Bulletin 7. Open Bids 8. City Council Receives Bids and Awards Contract 9, Contractor Begins Construction 10. Contractor Completes Construction June, 1994 Honorable Mayor and City Council Aurrdover,Mhrnesota October 19, 1993 Page Four Preliminary Cost Estimates Item No. Description STORM SEWER 1 2 3 4 5 6 7 8 Mobilization Clear Trees Grub Trees Bituminous Removal 18" RCP Storm Sewer 18" Flared End Section Cable Concrete Manholes Estimated Construction Cost - Storm Sewer RESTORA nON 1 2 3 4 5 Class' 5 Aggregate Base Bituminous Patching Topsoil Borrow Sodding Seeding Estimated Construction Cost - Restoration Sincerely yours, ~ Thomas A. Syfko, P.E. TAS:j Ouantity 1.0 LS 32.0 EA 32.0 EA 104.0 SY 1,129.0 LF 2.0 EA 128.0 SF 4.0EA 45.0 TN 13.0 TN 400.0 CY 3,700.0 AC 0.5 AC Unit Price $1,000.00 50.00 50.00 4.00 23.00 500.00 8.00 1.200.00 12.00 60.00 8.00 2.50 800.00 Amount $1,000.00 1,600.00 1,600.00 416.00 25,967.00 - 1,000.00 1,024.00 4.800.00 $37,407.00 540.00 780.00 3,200.00 9,250.00 400.00 $14,170.00 $51,577.00 Preliminary Assessment Roll Cedar Crest Pond Storm Sewer Improvements City Project 93-21 ~dover,~esota COlmnission No. 10533 Storm Sewer PropertY Description SQJIare Feet \a) $0.07422/SF Cedar Crest Estates Lot 5, Block 1 5,600 - $ 415.63 Lot 6, Block 1 4,000 296.88 Lot 4, Block 2 4,400 326.57 Lot 5, Block 2 10,400 771.89 Lot 6, Block 2 18,000 1,335.96 Lot 7, Block 2 18,000 1,335.96 Lot 8, Block 2 18,000 1,335.96 Lot 9, Block 2 18,000 1,335.96 Lot 10, Block 2 18,000 1,335.96 Lot 1, Block 3 18,000 1,335.96 Lot 2, Block 3 18,000 1,335.96 Lot 3, Block 3 18,000 1,335.96 Lot 4, Block 3 11,160 828.30 Lot 2, Block 4 3,600 267.19 Lot 3, Block 4 7,200 534.38 Lot 4, Block 4 4,070 302.08 Cedar Crest Estates 2nd Addition Lot 2, Block 1 10,000 742.20 Lot 3, Block 1 43,750 3,247.13 Lot 4, Block 1 45,000 3,339.90 Lot 5, Block 1 45,000 3,339.90 Lot 2, Block 2 23,200 1,721.90 Park - City of ~dover 60,759* 4,509.53 Lot 1, Block 3 45,000 3,339.90 Lot 2, Block 3 45.000 3,339.90 Lot 3, Block 3 21,600 1,603.15 Lot 1, Block 4 54,000 4,007.88 Lot 2, Block 4 37,200 2,760.98 Lot 3, Block 4 4,800 356.26 Valley View Estates Lot 3, Block 1 20,400 1,514.09 Lot 4, Block 1 33,381 * 2,477.54 Lot 5, Block 1 15,840* 1,175.64 Lot 6, Block 1 42,067* 3,122.21 Lot 1, Block 2 43,560 3,233.02 Lot 2, Block 2 26,000 1,929.72 Lot 3, Block 2 22,000 1,632.84 Lot 4, Block 2 ]5,200 1,128.14 Lot 1, Block 3 40,000 2,968.80 Lot 2, Block 3 41,200 3,057.86 Lot 3, Block 3 36,400 - 2,701.61 Lot 4, Block 3 8,800 653.14 Lot 3, Block 4 28,800 2,137.54 Lot 4, Block 4 43,560 3,233.02 Valley View Estates 2nd Addition Lot 4, Block 1 18,400 1,365.65 Lot 1. Block 2 4.800 356.26 Total 1,070,147 $79,426.31 * Note: Areas below the 100-year elevation of 887.0 were deleted. 7 6 5 2 4 3 4 3 7 6 5 4 3 2 {;.:: :~.j..~:1l? 4 173 RD LANE N.W. .. .. .... , I :..... .. :::. ;;,. .to. .. 3 2 3 N.W. 5 3 3 ! .........:! .: J.:-:.o : .0- i !:- !.t. I .. i.._.___ .. r- ::._ I.' 5 4 3 DRAINAGE AREA N I' 10 '.:"M I. .,.? ~ ./-....t:..: i 5 4 3 7 6 2 ,E..,:: f.:4 7 ::::~;. 2 t-= 10 en 9 8 7 5 6 3 2 c:::( .... ,." ,...'....,. - ~.. :~r;~: ...:: .: Z W 5 X ::::-..~~.:: .::.j i.~::.::-; 4 3 6 4 PARK POND 5 ;:. c. .~. /: - ~- ::' '-. ".0 I :--:: 1_ ..... t-= en 4 2 CEDAR CREST POND STORM SEWER IMPROVEMENTS CITY PROJECT 93-21 COMM. NO. 10533 POND 20' UTIL. ESMT. 6 5 4 3 2 2 172NO LANE NW. IS" RCP MH2 MHI 3 2 ~ 4 3 2 3 z r: 4 (J') w .....= z (J') 3 2 m 4 Q. 3 2 a.. Q 0 a:: ...J 2 0 . ::::> 0 CD .- 3: 172 NO AVE. N.W. MH3 MH4 3 2 21 22 23 24 4 20 5 26 25 N CEDAR CREST POND STORM SEWER IMPROVEMENTS CITY PROJECT 93-21 '. COMM~ NO. 10533