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HomeMy WebLinkAboutCC December 7, 1993 ~ CITY of ANDOVER , \ / Regular city council Meeting-December 7, 1993 Call to Order - 7:30 P.M. Resident Forum Agenda Approval Approval of Minutes presentation of New Firefighters' Badges Discussion Items 1. Public Hearing/Cedar Crest Pond/93-21 2. EAW/Crown pointe & Crown pointe East 3. Rezoning/ Sec. 25 & 26/Ashford Dev., Cont. 4. Crown pointe East Sketch Plan 5. Special Use Permit/Home Occupation/17528 Flintwood St. NW 6. Lot split/101-157th Avenue NW 7. Discuss Outlot A, Emerald Glen/86-21 Staff, Committees, Commissions ~) 8. Hire Public utilities Maintenance Person 9. Discussion/Project 91-16/159th Avenue 10. Amend Ordinance 66, City Council Ordinance 11. Authorize purchase of Photocopier 12. Recording Secretary Contract Increase Non-Discussion Items 13. Adopt ResolutionjWater, Sewer, Central Equip. Fund 14. Approve Change Order *2/92-13 15. Approve Final payment/92-13 16. Approve Revised Grading Plan/Pheasant Meadows 17. Approve Joint Powers Agreement/Signals at Bunker & Crosstown/ 93-1 18. Approve Change Order *4/93-2/pinewood Estates 2nd 19. Receive Petition/93-28jWatermain/13828 Round Lake Blvd. 20. Receive October Financial Statements 21. Approve Change Order *1/93-11/Emerald Glen 22. Approve Final payment/92-24/Andover Blvd. 23. Approve Change Order *2/pinewood Estates/92-3 24. Approve Final Payment/92-3/Pinewood Estates , , , ~/ Mayor-Council Input Approval of Claims Adjournment "- 'J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE nproOnlho,... ., lQQ~ . ,- AGENDA SECTION ORIGINATING DEPARTMENT APPROVED t-X), Approval of Minutes FOR AGENDA ITEM Admin. 1\0. BY: Approval of Minutes Volk J U' V. The City Council is requested to approve the following minutes: November 16, 1993 Regular Meeting November 16, 1993 Special Closed Meeting November 16, 1993 Special Meeting November 18, 1993 Special Meeting (Perry absent) MOTION BY: SECOND BY: ) TO: '-- '-- . '\ 'J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 Discussion Item Todd J. Haas, Engineerin~ APPROVED FOR AGENDA AGENDA f\O, SECTION ORIGINATING DEPARTMENT ITEM f\O. Public Hearing/Cedar Crest pond/93-21 ~ j, The City Council is requested to hold a public hearing, project 93-21, for storm drainage improvements in the vicinity of Cedar Crest Pond. Attached are the following: '- * Resolution ordering improvement * Letter to property owners * Public hearing notice * List of property owners * PIN number with proposed assessment Note: The feasibility report was in your November 2, 1993 City Council packet. MOTION BY: SECOND BY: '- TO: I ..-/ ~J , .., '-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT 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 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. the 2nd day of November hearTng; and 261-93 of the City Council adopted on , 19~, fixed a date for a public WHEREAS, pursuant to the such hearing was held on the 19~; and required published and mailed notice, 7th day of December WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 93-21 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember and adopted by day of the City Council at a regular meeting this 7th December , 19 93 , 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 " , " , ) '--' , \ V (,'O.l..'7i'; " ~\. / ~ -,/ ~~~;}..;:~,..)' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (612) 755-5100 November 23, 1993 Re: proposed storm Drain Construction (project No. 93-21) Dear Residents: A feasibility report has been prepared to determine the estimated cost to construct storm drain outfall pipe 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. Discussion: The outfall pipe would be constructed from the existing pond . known as Cedar Crest Pond to an existing ditch south of the intersection of 172nd Avenue NW and woodbine Street NW. The outfall pipe will help control the elevation of the pond without the use of a pump_ Estimated Cost: The estimated total cost to construct this improvement is approximately $79,420.00. ' The estimated assessable costs are approximately for your parcel which does not include easement acquisition. If easements need to be acquired the costs will also be assessed to the benefitting property owners. This cost can be assessed over a 5 year period at about 5% interest or the assessment can be paid in full within 30 days of the assessment hearing with no interest. If you have any questions, feel free to contact me 755-5100 or Tom Syfko of TKDA at 292-4510. Sincerely, ~-/~ Todd J. Haas Assistant City Engineer TJH:rja :.j 'J '---' " "- o (~ -, CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 ~ ~_ ~-F' .....:,~..-i. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 93-21 CEDAR CREST POND NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W. in the City of Andover on Tuesday, December 7, 1993 at 7:30 P.M. to consider the making of the following improvement: storm Drain Construction The property to be assessed, pursuant to Minnesota Statutes Section 429, for such improvement is within the f61lowing described area: Cedar Crest Estates, Cedar Crest Estates 2nd Addition, valley View Estates and valley View Estates 2nd Addition all which are located in Sections 5 and 8, Township 32, Range 24, City of Andover, Anoka County, Minnesota. The estimated cost of, such improvement is $79,420.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. CITY OF ANDOVER ~~ I~L/ victoria Volk - City Clerk Dated: November 26, 1993 December 3, 1993 (;) 08 32 24 21 0003 Harry & Patricia May 3655 - 172nd Ln NW Andover, MN 55304 (Hl 32 24 21 0006 , \ , ?sell & L J Horbul 3749 - 172nd Ln NW Andover, MN 55304 08 32 24 22 0003 Harold & Lillian Murphy 3849 - 172nd Ln NW Andover, MN 55304 08 32 24 21 0008 Jacqueline C. Kennedy 3754 - 172nd Ln NW Andover, MN 55304 08 32 24 21 0011 Lee & Julie steinberg 3654 - 172nd Ln NW Andover, DMN 55304 08 32 24 21 0017 '-'-:Iell & J .A. Wicklander \_,208 Woodbine St NW Andover, MN 55304 08 32 24 21 0004 Suburban Plbg Supply Co. 3709 - 172nd Ln NW Andover, MN 55304 08 32 24 22 0001 Jon & Rita Gebart 3809 - 172nd Ln NW Andover, MN 55304 08 32 24 22 0004 Walter & Lorraine Larson 3903 - 172nd Ln NW Andover, MN 55304 08 32 24 21 0009 Florence Schrodek 3614 - 172nd Ln NW Andover, MN 55304 08 32 24 21 0012 Gene & Joy Augeson 17241 Woodbine st NW Andover, MN 55304 f'~ ~ = J,,-Uey Ui~L0 lo.b-€.(s / \ ,-) 08 32 24 21 0005 Terry & Cheryl Hausam 3731 - 172nd Ln NW Andover, MN 55304 08 32 24 22 0002 James & Carol Moeller 3829 - 172nd Ln NW Andover, MN 55304 .' 08-32-24-21-0007 Edwin & Cara Erickson 17226 woodbine St NW Andover, MN 55304 08 32 24 21 0010 Raymond & Mary Wesp 3634 - 172nd Ln NW Andover, MN 55304 08 32 24 21 0016 Jon & Judith Waskiewic2 3709 - 172nd Ave NW Andover, MN 55304 05 32 24 34 0006 ," Loren & Emma Bollig 3705 - 174th Ave NW Andover, MN 55304 os 32 24 34 0032 'nneth Read , j-114 - 174th Ave NW Andover, MN 55304 05 32 24 34 Robert & T.H 3754 - 174th Andover, MN 0021 Anderson Ave NW 55304 05 32 24 33 0004 Junus & Corinne Santoso 3824 - 174th Ave NW Andover, MN 55304 05 32 24 34 0015 John & Shelly Tradewell 3835 - 174th Ave NW Andover, MN 55304 05 32 24 34 0025 ,- ',Ie Woodcock "j'79 - 173rd Ln NW Andover, MN 55304 05 32 24 33 0022 Michael & Linda Keenan 3824 - 173rd Ln NW Andover, MN 55304 05 32 24 33 0028 Jullian & D A Miller 17362 Xenia st NW Andover, MN 55304 .' 'I \..~~/ 05 32 24 34 0031 / Dallas & wendy Slater 3725 - 174th Ave NW Andover,MN 55304 05 32 24 34 0019 George & Lois Beaving 3734 - 174th Ave NW Andover, MN 55304 05 32 24 33 0002 Luverne Linton 3804 - 174th Ave NW Andover, MN 55304 05 32 24 33 0005 Glenn & Vicki Brooks 3825 - 174th Ave NW Andover, MN 55304 05 32 24 34 0023 Kenneth & V. Mortenson 3655 - 173rd Ln NW Andover, MN 55304 05 32 24 34 0026 Raymond & Barbara Erickson 3691 - 173rd Ln NW Andover, MN 55304 05 32 24 33 0023 Joel & Susan Vevea 3850 - 173rd LnNW Andover, MN 55304 05 32 24 33 0029 Garland & Judy Minenko 3863 - 173rd Ln NW Andover, MN 55304 +i I€. .to.~ ~: C d ~ 4- 0 I L ( ( I" ..~ "'- ,,-y '-Y""S I 'o\<-~ ....1>... S' 05 32 24 34 0015 Allen & Peggy Grembowski 3660 - 174th Ave NW Andover, MN 55304 05 32 24 34 0020 George & Lois Beaving 3734 - 174th Ave NW Andover, MN 55304 " 05 32 24 33 0003 Anoka County 325 E. Main St Anoka, MN 55304 3) 05 32 24 33t 0036 William & Linda Sohr 3815 - 174th Ave NW Andover, MN 55304 05 32 24 34 0024 John & Judith Carlsor. 3667 - 173rd Lane WN Andover, MN 55304 05 32 24 34 0028 Wilber & Joyce Dyslir 3660 - 173rd Ln NW Andover, MN 55304 05 32 24 33 0024 Julius & Sylvia Volk 3866 - 173rd Ln NW Andover, MN 55304 "]0 05 32 24 33 OO~ Dr. Paul Hiller 3925 - 173rd Ln NW Andover, MN 55304 ~) ~ :J :,. , \ \J .,,- , . Preliminary Assessment RoIl Cedar Crest Pond Stonn Sewer Improvements City Project 93-21 Andover, Minnesota COlIunission No. 10533 Property Description Cedar Crest Estates Lot 5, Block 1 Lot 6, Block 1 Lot 4, Block 2 Lot 5, Block 2 Lot 6, Block 2 Lot 7, Block 2 Lot 8, Block 2 Lot 9, Block 2 Lot 10, Block 2 Lot 1, Block 3 Lot 2, Block 3 Lot 3, Block 3 Lot 4, Block 3 Lot 2, Block 4 Lot 3, Block 4 Lot 4, Block 4 Cedar Crest Estates 2nd Addition Lot 2, Block 1 Lot 3, Block 1 Lot 4, Block 1 Lot 5, Block 1 Lot 2, Block 2 Park - City of Andover Lot 1, Block 3 Lot 2, Block 3 Lot 3, Block 3 Lot 1, Block 4 Lot 2, Block 4 Lot 3, Block 4 . t'. '-" r " " Stann Sewer Square Feet (@ SO,07422/SF ?,!N ~ 5,600 c,.'_-.,,-,,-~'I' ~tXt. $ 415.63 4,000 "5'J-;.J1-l~ - ""3/ 296.88 4,400 oS--3Z-Z'/-J~- O"/~ 326.57 10,400 "') 771.89~ 18,000 ~:oS_3'2._2~-3'i-COJi! 1,335.96 3'1'/3.'8/ 18,000> 1,335,96 18,000 OS'-3, - a4-j,/ -~olq 1,335.96 18,000 c5'-;Z_2.~-J~-"OZO 1,335.96 18,000 0$'-1a-;z~-3'1- ""21 1,335.96 18,000 0$'-3':-;;'/-3:1 - cc:~ 1,335,96 18,000 ",-;z -;..~-:n -cc03 1,335.96 18,000 o5'-n-2.'1-31- ~O~ 1,335.96 11,160 ",-.!Z - .y. ~'3 _"U,,~ 828.30 ~:~~gJ oS-3,-2~-33-~~ ;~~:~~5 BoIS, 4,070 o,-3:'-~~-3'f- 0015' 302.08 10,000 oS-.]2..214.. 'JJ.{- CO2] 742.20 43,750 ",..]~ "2"1" J~" CC21 3,247.13 45,000 :::l~"32" 2"''' :J1-aozS 3,339.90 45,000 #~'J': -Z'1 .,3"1-002'- 3,339.90 23,200 (JS'-:;2 .. ~~.. 3"f" coza 1,721.90 60,759* ",-n-H-3'" -"l~ 4,509.53 45,000 oS-3~.2.y- ~3 _ooz.a. 3,339,90 45,000 cS'-3~-2'" _,3-0023 3,339.90 21,600 o,-3Z-2'i' 3'- "oz'/ 1 ,603.15 54,000 or-;, "'214.. .31 - 0025 4,007.88 37,200 oS' -;'2'Z'/ -;3 - oaZq 2,760.98 4,800 as"-:!:= ... 214" 33" 0030 356,26 -,. ---.. I-' " " I '-/' Valley View Estates -- PiN - " --....... " Lot 3, Block 1 20,400 ,,6 -.:~-Z.-I-21-c.ccZ 1,514,09 Lot 4, Block 1 33,381 * '~:""::t~ .i."~ .~: - I':'C."'O''/ 2,477.54 Lot 5, Block 1 15,840* r,:::'.2:~.2.l-?I- .-;C<'J:; 1,175,64 Lot 6, Block 1 42,067* (:-~'2 - =-'1-:., _c:-,"~ 3,122.21 Lot 1, Block 2 43,560 ~S-.:z- :.;- 2=''' cccl 3,233.02 ;, Lot 2, Block 2 26,000 "'''']:' ;'1-::: -..::=::.. 1,929.72 Lot 3, Block 2 22,000 (.~g....\2-.z4~;:;::'- r...;.o3 1,632.84 Lot 4, Block 2 15,200 ;-:S-}Z~;:'I- z"'Z -coc"l 1,128.14 Lot 1, Block 3 40,000 <:8-;2 -Z,/-;:'I- =7 2,968.80 Lot 2, Block 3 4L200 eg-']: -Zq -2/ - c"c8 3,057.86 Lot 3, Block 3 36,400 c.9 .;':.2"1-:/ - i..-:-;c:r 2,701.61 Lot 4, Block 3 8,800 c:?-:rz-"..!~-:/- :..'"0,0 653.14 Lot 3, Block 4 28,800 oa-32-;'/ - ::'1. ctjll 2,137.54 Lot 4, Block 4 43,560 :.;E;" .:,-2'{".z.' - co,-z.. 3,233.02 Vallev View Estates 2nd Addition Lot 4, Block 1 18,400 ce-3Z.-2tf-2/- vo/(. 1,365.65 '2-- Lot 1. Block 2 4,800 c~~.?~ -ZJI- 2/-~~,' 356.26 ::J Total 1,070,147 $79,426.31 * Note: Areas below the 100-year elevation of 887,0 were deleted. " , ' '--J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA SECTION 1\0, Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM 1\0. EAW - Crown pointe and Crown pointe East R-1 to R-4 Ashford Development Corp. Planning ~ BY: ~. David L. carlberg City planner REQUEST The Andover City Council tabled this item at the November 16, 1993 meeting and referred the item back to the Planning and Zoning Commission for further review of the EAW requirements. BACKGROUND INFORMATION '- Attached for Council review is the Staff report presented to the Planning and Zoning Commission at their special meeting held on November 30, 1993. The report addresses the questions and concerns discussed by the Council at the November 16, 1993 meeting. RECOMMENDATION The Planning and zoning Commission made the motion to forward the report presented at the November 30, 1993 meeting. The Council must base their decision on the information submitted by the petitioners. If the evidence presented demonstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental effects an EAW shall be ordered. If the evidence presented fails to demonstrate the project may have the potential for significant environmental effects the petition shall be denied. It is imperative that the Council include specific findings of fact of its decision on the EAW. MOTION BY: SECOND BY: ',-- ) TO: \ 'J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION November 30, 1993 AGENDA ITEM 3. Rezoning R-l to R-4 Crown pointe & Crown pointe East DATE ORIGINATING DEPARTMENT Planning David L. Carlberg City Planner BY: APPROVED FOR AGENDA BY:~ REQUEST The Andover Planning and zoning Commission is directed by the City Council to review the request of Ashford Development Corporation, Inc. to rezone property from R-l, Single Family Rural to R-4, Single Family Urban. The property is generally located south of Andover Boulevard NW, ~ast of the Burlington Northern Railroad and west of prairie Road. The property is located in Sections 25 and 26. BACKGROUND INFORMATION The City Council on October 5, 1993, tabled the item pending receipt of information from the Environmental Quality Board '\ in regard to an EAW and the Metropolitan Council in regard to the ,~ sewer expansion. The minutes from the meeting are attached. The Council on November 16, 1993, made the motion to refer this item back to the Planning and zoning Commission for further information regarding the requirements of an Environmental Assessment Worksheet (EAW). The minutes and the resource information from that meeting are attached for Commission review. Note: The November 16th minutes have not been approved by the Ci ty Council. The Commission was asked by the Council to address a number of concerns discussed at the meeting. The concerns are as follows: 1. Is a mandatory EAW required based on the 250 unit threshold requirement as specified in 4410.4300, Subpart 19.(4) (attached). According to the EQB, the proposed area would not exceed the 250 unit threshold. Two factors apply: a. Weybridge cannot be included as a part of the calculations, due to it being platted prior to the development of the parcels known as Crown pointe and Crown pointe East. b. The Burlington Northern Railroad property separates the parcels and therefore for this purpose are not considered contiguous. " "-/ " ''"J :J ,- " ,,--,I Page Two Rezoning - Crown pointe & Crown pointe East Ashford Development Corporation November 30, 1993 2. The Council questioned whether the granting of the rezoning would violate state Statutes. Granting the rezoning would not violate State statutes. 3. The Council was concerned over violating the EQB rules and regulations. In discussing the EAW requirements with the EQB, the City is not violating the rules of the EQB. The City must make a decision on the EAW and base the decision on the information submitted in the, petition as defined in 4410.1100, Subp. 6, attached for Commission review. 4. The Council was confused on what the terms contiguous and project mean in the State regulations. In discussing the term "contiguous" with the EQB, Staff was informed that the properties (Weybridge & Crown Pointe) were not contiguous due to Burlington Northern owning property that legally separates the parcels. To discuss the term "project", Staff has included 4410.0200, Subp. 65. In reviewing the definition, a rezoning is not considered a project. NOTE: The Commission should review and discuss the information above. The Commission will forward this item to the City Council for discussion at their December 7, 1993 meeting. Regular Andover City Council Meeting Minutes - October 5, 1993 Page 4 , I ,-J (Amended Special Use Permit/Propane Tank/Total Mart, Continued) Ms. Ritz - stated they would like the tanks installed as soon as possible, but they are willing to abide by the Council's time line. Councilmernber Jacobson noted the Planning Commission Minutes indicated they did look at the northern site and rejected it because a parking space would be eliminated and the turnaround issue. Mayor McKelvey thought they were looking at the north end of the parking lot, not by the island next to the entrance where it would take up less than one parking space. Also, Crosstown Drive is completed to its ultimate width with sidewalks. Councilmernber Jacobson argued it would then be next to Crosstown Drive and felt it would be more dangerous located next to an ingress/egress. Ms. Ritz - stated the corner seems to be well bermed, plus there will be stakes around it. She also explained they have found the propane tank exchange method to be very costly. It is a possibility but is not as good of a value as the propane tank method. Motion carried on a 4-Yes, I-No (Jacobson) vote. SPECIAL USE PERMIT/17395 HANSON BOULEVARD ~~ Mr. Carlberg reviewed Planning Commission's recommendation to approve the request of Dirk Fenna to construct a 40' x 60' accessory structure prior to the construction of a principal structure. Dirk Fenna - stated in reviewing his finances, he would not be able to construct the principal structure within one year. He felt he could do it within two years of building the accessory structure. Council and Staff explained the stipulation of constructing the principal structure within one year is because it is not desirable to have accessory buildings on parcels without a home because of vandalism, that it is a safety issue for the resident to watch over the building, and that the stipulation has always been within one year or as soon as possible. Mr. Fenna - again didn't think he could construct a house within a year, that he may just have to put off building the pole barn. He hoped to construct the pole barn to store his items like a boat so he doesn't have to continue leasing space for that storage. MOTION by Perry, Seconded by Dalien, the Resolution denying the Special Use Permit request of Dirk Fenna to construct a 40' x 60' accessory structure prior to the construction of a principal structure at 17395 Hanson Boulevard NWi and the reason for the denial is that Mr. Fenna has indicated he cannot meet the requirement of construction of the principal structure within one year of approval of the Special Use Permit. (See Resolution R227-93) Motion carried unanimously. <_~ REZONING/ASHFORD DEVELOPMENT/SECTIONS 25 AND 26 Mr. Carlberg reviewed the request of Ashford Development to rezone property from R-I, Single Family Rural, to R-4, Single Family Urban for I " ) '-J \ ._-) <.) Regular Andover City Council Meeting Minutes - October 5, 1993 Page 5 (Rezoning/Ashford Development/Sections 25 and 26, Continued) 80 acres east of the railroad tracks, south of Andover Boulevard and for 17 1/2 acres adjacent to Prairie Road. That area has also been included in the request for the Major Amendment to the Comprehensive Plan for MUSA expansion. The Planning Commission held the public hearing where there was a lengthy discussion and concerns raised by the residents. The Commission recommended approval. Councilmember Jacobson questioned why the wetland and lowland areas are rezoned as well. Mr. Carlberg explained the process has always been to rezone contiguous areas rather than leaving a patchwork of R-1 designations. The zoning on the undevelopable property should be consistent with the adjacent property. The designated floodway and floodplain areas will be designated and controlled by the LGU and other regulatory agencies. Jerrv Windschitl, Ashford Development - stated all of the land they own is shown on the map and is being requested for rezoning. On all development, they have to go through a wetlands delineation; and those areas will become unbuildable or very limited building. Pat Schroeder, 720 Andover Boulevard NW - was not satisfied with the Staff answer that the wetlands must be rezoned as well. Her property is adjacent and zoned R-1, so the creek should stay R-1 as well. The entire section north of the creek should stay R-1, as it is serious wetland. She is concerned with her 12 acres of pasture which is wet a lot of times each year. It is okay for horses but not for roads and houses. Also, she didn't feel the Minutes of the Planning Commission adequately represented the comments of the residents. On Page 9, it failed to mention that she would vote to keep the property R-1, and other people, feel the same way. The Minutes do not reflect why the Chairperson abstained from voting. She also felt that the uses of the highland needs to be looked at, as there are ponding areas that are not supposed to come back but do. On Page 8 of the Minutes, she remembered talking about the effect of the development on the school system, on Highway 10, plus the additional need for police. She said at least one other person brought that up as well, which is not reflected in the Minutes. When she asked why additional land needs to be zoned for urban housing, Staff said there is a need for more houses to service the existing sewer trunk lines. That wasn't noted in the Minutes. Ms. Schroeder stated her scenic view will be destroyed with a lot of houses there. The people on prairie Road are concerned about not being able to keep people out of their pastures. There was also a rather vehement argument between Commissioner Apel and members of the audience which wasn't mentioned in the Minutes. Planning and Zoning Commission Chairperson Bonnie Dehn stated she read the Minutes for approval with her perspective. She felt the Minutes were written as always -- concise, to the point, but there are always gaps. Commissioner Apel was reprimanded at the time. She abstained from the vote because she felt the City should progress in an orderly manner for development, more or less what is foreseen in the Comprehensive Plan. But people who are abutting the new developments need to be heard and their concerns are valid. She sees both sides of the issue -- both development in' an orderly fashion but also citizens' rights to express their concerns, which are very valid. Regular Andover City Council Meeting Minutes - October 5, 1993 i Page 6 ) ,~ (Rezoning/Ashford Development/Sections 25 and 26, Continued) Mark Menth, 14122 prairie Road NW - was before this Council about five years ago for the same reason. He bought a house in Andover because it is a rural community close to town and was told the zoning would remain the same for quite some time. Shortly afterward he was before the Council about a rezoning and then received an urban development next to him, Old Colony Estates. About a year ago he purchased a house on Prairie Road after the City Staff said there would be no development in that area for eight to ten years. Now all of a sudden there is talk of a rezoning, which is along two complete sides of his property. He's here because it is a rural community, but he's seeing the City growing; but he doesn't believe urban neighborhoods are the answer. He felt people live here because they like a little breathing space, and that is not what is happening in the City. He felt it is turning into a mess and is real unhappy about what is going on. He felt it should be 2 1/2-, 5-, and 10-acre lots which will provide taxes. Is the City for the people here now; or is it for, what one Planning Commissioner said, looking out for the people who want to move here? Mr. Menth felt the Council should be looking out for the people who do live here and keep Andover as a unique community with some breathing room. He's definitely opposed to this, and there's not one person along Prairie Road that favors it. The Commission also mentioned the residents should have been on the committee when the Comprehensive Plan was done, but he didn't know about i it. He asked the Council to seriously think about the rezoning, realize ~~ what the residents think, and keep Andover a rural community. Linda Mazzei, 935 Andover Boulevard NW - asked if the Council is aware of the original homesite of the City of Andover, that the corner is Andover. One corner has already been ruined with artifacts covered up and property torn up that were original home sites of the City of Andover. She'd like to see one piece of Andover saved, which would be that corner. There is natural prairie grass in that area, though she didn't have specific locations. The area is beautiful, and it will be ruined with urban development. Ed Gritten, 14157 Prairie Road - moved into the community for a certain quality of life, that being to be in a rural community and to have some horses. With this rezoning, a problem is created with liability for himself and his neighbors; because children cannot be kept out of fenced property. He's already had to chase children out of his neighbor's property because they wanted to pet horses. He asked if a preliminary plat or some use of the property is required before it can be rezoned. Mr. Carlberg stated the applicant has indicated his use of the property is for urban housing. The exact lot layout is not required for a rezoning. Mr. Gritten - felt that is strange. In a previous item this evening a person presented a rationale argument for use of 20 acres, which was denied to avoid setting a precedent. Yet it seems like this is property '\ is arbitrarily being rezoned because the owner wants to develop it. Mr. ,-j Carlberg explained this is consistent with the requested Major Amendment to the Comprehensive Plan, and he summarized the process taken to determine the guidelines in that Plan. Regular Andover City Council Meeting Minutes - October 5, 1993 ( Page 7 ''\ '-../ .. I ~J : ) '__JII (Rezoning/Ashford Development/Sections 25 and 26, Continued) Mr. Gritten - stated he researched his property before buying it and was told that it would be well into the year 2000 before sewer and water would corne into that area. Now he is faced with a financial hardship, having 330 feet across the front, which he hadn't anticipated when moving into the area. They are not in favor of the rezoning at all. Paul Mazzei, 935 Andover Boulevard NW - stated whatever Mr. Windschitl builds, he looks at. The letter and petition from 31 or 32 people should indicate that there are more people than speaking this evening that do not want this rezoning. They are in the immediate area and should be taken into special consideration. He's told the sewer won't affect them, but he's seen it before and things do change. If this goes through, there will be at least 31 people who won't vote for those on the Council now. Dave Grorud, 14545 Palm Street - owns seven acres of land and echos what Ms. Schroeder related that some of the information was not set forth. He asked why is this being done now, and why should it ever be done. At the Planning Commission the only argument was because there was a lot of time put into the Comprehensive Plan. He doesn't know when that was done, and he suspected a lot of residents don't know either because people don't respond to "work on a Comprehensive Plan" as they would to a "rezoning" which directly affects them. He felt the Council should take that into consideration, that the residents are questioning if that is the most des irable Plan. There are strong reasons why there shouldn't be sewer in that area. He talked with Richard Thompson of the Metro Council to find out the status of the application to expand the boundaries, because he got the impression that this was etched in stone and that the resident's concerns would not be a factor. He was made aware that the plan that was submitted was done so quite some time ago but that there were areas considered to be incomplete. In fact, the person he talked to didn't even know that wetlands were involved. And so it was only last week that the 90-day review process began. There will be a committee meeting in about six weeks where the residents can show up again in St. Paul and try to convince the Metro Council not to expand the boundaries in Andover. They will take into account items that they as residents are trying to get the City Council and Planning Commission to consider. He also understands that because of the wetlands, which was raised by one of the residents after the hearing, Met Council representatives will be corning out this Friday with one of their engineers for a visual inspection. Mr. Thompson also found it somewhat unusual to have the rezoning go through before the boundary has been approved. Once gain, he asked why do this now? In fact, he was even told by City Staff that it is more normal to have a preliminary plat along with the rezoning request. It gives all of them a lot more information as to what will be going in there. So why rezone now when you don't have as much information as with the Metro Council analysis and the plat? Rather than rezone because there is a request to expand the sewer boundary, change the request. He felt the railroad is a natural boundary to separate the higher density housing on the west side from the wetlands on the east side. The job of zoning is to make the '1 'J ~J ',) Regular Andover City Council Meeting Minutes - October 5, 1993 Page 8 (Rezoning/Ashford Development/Sections 25 and 26, Continued) uses compatible, and the railroad provides that natural boundary. When the Comprehensive Plan was done in 1982, when Mr. Windschitl was mayor, those tracks served as the reason why R-1 was on the east side and R-4 was on the west side. He didn't see anything to justify a change. So not only is he totally against the rezoning, but he felt further thought should go into where to expand sewer and water. Should sewer be expanded into an area that will deadend in a wetland area; or will the sewer be ramrodded through the wetland, then have the same argument in two years that it needs to expand further to pay for it? He requested that no changes be made and to reconsider the application submitted. Mr. Carlberg stated the City did submit copies of the wetland inventory map indicating the areas to be developed. He is surprised by the response of Mr. Thompson, as the City has done everything possible to provide the information. He had just found out that the Amendment is complete for review. Also, the Council is aware of the procedures taken in preparing the Comprehensive Plan. Ed Fields. Round Lake Boulevard - was concerned about encroachment of residential development on agricultural land. The farmers have a large' investment in the ditch system. As long as it is agricultural land, they can maintain the ditch; but as soon as residential property backs up 'to their land, the ditch becomes a sacred cow. There should be something in the ordinances to indicate to potential buyers of lots that the neighbor is in agricultural business and all that entails, such as spraying crops, dust, noise, cleaning of the ditches, etc. Councilmember Perry was on the Comprehensive Plan Task Force and reviewed the many efforts to inform the residents about what was being done and what was being proposed. One of the highest priorities they heard was that people wanted to preserve the rural character of the community; and they worked at doing that. This request is contiguous to the existing urban area and is a reasonable progression. The protection of the wetlands and of the prairie grass are governed by numerous state agencies, and the City Staff is g~ing to insist that those regulations be adhered to as they review the plans. If there are areas of prairie grass that can be preserved, she strongly recommended that happen. One gentleman asked that development be considered in terms of R-1 so development can be consistent with what exists and the expectations of those already there, those with hobby farms and uses not compatible with urban density. Councilmember Perry stated that was considered and noted the large portion of the City which is not included in any plan for sewer and water expansion. Mr. Carlberg didn't feel additional MUSA would be requested if this request is denied by the Met Council because of the position they have taken on the City's Comprehensive Plan. Several residents asked why they weren't told about the proposal to eventually have R-4 development in that area when they called City Hall. Someone had maps indicating their area would not be developed before the year 2000. They want to see the development consistent with what they were told. Mr. Carlberg stated the map drawn by TKDA in 1991 has been given to residents that indicates the time frames of development. Regular Andover City Council Meeting Minutes - October 5, 1993 I Page 9 I , j , \ ,-J (Rezoning/Ashford Development/Sections 25 and 26, Continued) Jerrv Windschitl, Ashford Development - stated all of the delineations work of the wetlands has been done. The estimated loss is about 25 acres that will not be platted. He is planning to put in some very large lots. Everyone knows they have to comply with the federal, state, and local requirements for wetlands. He simply cannot infringe on wetlands. He stated there are no historical sites on the property, no evidence of any structures on any of the property being requested for rezoning. One of the historical properties is on the north side of Andover Boulevard; the other is adjacent to it. There was a very extensive review of the various parcels as to prairie grass or related species. To the best of their knowledge, there are none. Much of the property was farmed for years until part of it was planted into a tree farm about 25 years ago. He also argued there has been a very large R-4 zone on the east side of the railroad tracks for many, many years. The sanitary sewer trunk line is either on his property or adjacent to it. The water line is also there already. He felt the horse issue is an indirect one, as it appears his land has been used by people for many years to ride horses. He thought the fear is the fact that the property won't be available for their horses in the future. He has not given permission to anyone to ride their horses or to ride dirt bikes which have torn up this property. He related the damage done by horses in Lot 19, Weybridge; however, he has not given permission to anyone to use that land. Mr. Windschitl countered the argument from Mr. Menth, as both of them purchased their property from the same owner. He purchased his property before Mr. Menth, charging if Mr. Menth had been that concerned with the use of the adjacent property, Mr. Menth could have contacted him personally. Mr. W1ndschitl stated the preliminary plat for the west side is at City Hall, and the work for the east side is being done at this time. They are trying to put in a first-class neighborhood to be a complement rather than a detriment. , "'-..) Councilmember Jacobson stated the Council represents both the people who are already here and the interest of those who are not yet here, and the Council tries to make judgements balancing the concerns of both sides. Yes, the Comprehensive Plan has been changed for uses that go in particular areas when conditions warrant, such as for the Andover School. He also raised the issue of externalities, which was raised this evening, and that is the effect of development on schools, roads, additional costs to the residents, etc. He felt that issue should be discussed further, possibly change the ordinances to look at those things. He is also concerned about the housing next to the natural gas high-pressure pipe line which goes through the property. He felt that issue needs to be addressed further. Councilmember Jacobson also felt this is a unique situation in that it is the first time that a number of residents have petitioned for an Environmental Assessment Worksheet. He noted the City Council can request one, even though it is not mandatory in this case. He'd be interested to know the response" of the petition from the Environmental Quality Board, and he suggested tabling the item until that response is received and until there is a response from the Metro Council on the City's request for sewer expansion. ( \ ,,-,~ Regular Andover City Council Meeting Minutes - October 5, 1993 Page 10 (Rezoning/Ashford Development/Sections 25 and 26, Continued) Mr. Windschitl - stated they have satisfied all the safety issues with the natural gas line. The company is in agreement with their plan. He also felt that if an EAW is requested, it could end up being done on every plat in Andover. Every plat will have wetland issues in it because of the new wetland law. He hoped the Council wouldn't single him out as the only person having to do an EAW now and in the future. If the policy is started, it must be uniformly enforced. Councilmember Jacobson felt this is very unique because it is the first time the residents have made that request. , " '.J MOTION by Perry introducing the Resolution approving the rezoning request of Ashford Development Corporation, Inc., to rezone property located in Sections 25 and 26 from R-1, Single Family rural, to R-4, Single Family Urban. Motion dies for lack of a Second. MOTION by Jacobson, Seconded by Dalien that the Council temporarily table the motion for rezoning to the November 16 meeting to wait for two things to occur: 1) a response from the Environmental Quality Board as to whether or not they deem the property reasonable for an Environmental Assessment Worksheet; and even if they don't, at a later date, the Council look at that and determine amongst its own members whether or not we believe it is unique enough to have an EAW under the exemption clause. 2) More importantly, we table it until we get some indication from the Metropolitan Council as to whether or not they will include it within the sewered district, at least until we get an indication from them whether or not that will be possible. DISCUSSION: Councilmember Knight agreed it makes more sense to wait until it is known what the Metropolitan Council will do. Councilmember Perry didn't have a problem with rezoning prior to the Met Council decision. If their decision is not to allow expansion, it is cannot be developed to the R-4 density. She did have a problem with the environmental issues raised, but felt there are enough safeguards in place so they will be thoroughly addressed. Mr. Haas noted that EAWs were done for Old Colony Estates and for The Hills of Bunker Lake. Mr. Winds chi tl - stated other R-4 zones were approved under similar circumstances. There are two or more R-4 zones outside of the MUSA now. Getting the R-4 zone doesn't give them the ability to plat to an R-4 density because the ordinance doesn't allow it unless sewer is available. Most of the issues raised are platting issues. He clearly is in conformance with everything the City requires to obtain the R-4 zone at this time. This is only an attempt to get the zoning request to conform with the Comp Plan and the sewer request. The City Staff had been attempting to get all developers to submit plats early, and the intent was to comply with getting everything in early so Staff could work on it over the winter. He asked that the rezoning be approved. ~j Mr. Mazzei - stated the EQB has asked to see the plat along with their request for an EAW. He'd like the City to get involved at this point and submit the necessary information. The Council felt it would be best ( " ',J Regular Andover City Council Meeting Minutes - October 5, 1993 Page 11 (Rezoning/Ashford Development/Sections 25 and 26, Continued) to have the residents continue with the process, advising that the documents at City Hall are public and that Staff will assist in whatever way they can so the residents can comply with the EQB requests. A resident talked about how wet the area is, that the area is doing what it is supposed to do. By putting 400 roofs, driveways and roads, the runoff will be so great, the storm sewers will plug up with leaves and then his property will get flood. He felt the end result will be having to dredge up everything just to accommodate a few more houses in Andover. Mr. Windschitl disagreed. Motion carried on a 4-Yes, 1-No (Perry) vote. WITTINGTON RIDGE PRELIMINARY PLAT , " '--) Mr. Haas reviewed the preliminary plat of Wittington Ridge, which consists of 21 single family rural residential lots, and the comments of the Andover Review Committee. The Committee has not had an opportunity to review the revised grading/dr~inage and erosion control plan. Jerrv Windschitl, Ashford Development Corporation, Inc., - stated he had attempted to purchase an access from this plat to the south but was unsuccessful. Councilmember Perry had thought the configuration of Lot 4, Block 3 was going to change once it had gone to the LGU. Mr. Windschitl - stated it has been reconfigured. The objection at one time was that there was land on both sides of the ditch. This is designed to make the area requirement all on one side of the creek. Councilmember Perry stated her objection was to the lot wrapping around another person's lot. The only reason it was allowed to remain that way as long as it did was because it had to go through the LGU in that configuration. Councilmember Jacobson thought the objection was having the pie-shaped piece in the back of Lot 4; and the idea was to move the lot line between Lots 4 and 5 more to the east and take up that space in the back and square off the lot. Mr. Windschitl - stated as proposed, the Planning Commission recommended the variance for frontage on Lot 5 be approved. He also noted that the cul-de-sac on the west end of 155th Lane is the standard size. Mr. Haas stated it should be marked, but he will check the size. Councilmember Jacobson questioned Lot 3, Block 2, whether there is a drafting error in the southwest corner or the property lines do not match. It looks like there is a five-foot jog into the street. Mr. Windschitl stated they will be required to have a 50-foot right of way; and if there is a drafting error, that will be corrected when the plat is computed. Mr. Haas stated that will be verified when the grading is reviewed. '\ ,_/ Councilmember Jacobson had concerns over two areas on the grading plan, Lot 3, Block 2 and Lots 4 and 5, Block 2, where there are large storage areas for the retention of water. He wondered if the grading plan is , '\ ',,./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 16, 1993 AGENDA SECTION NQ Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM f\O. Rezoning - Crown pointe and Other - R-1 to R-4 Ashford Development Corp. Planningt BY: David L. Carlberg City Planner REQUEST The Andover City Council tabled this item at the October 5, 1993 meeting. The Council chose to table the item until a response had been received from the Environmental Quality Board on the need for an Environmental Assessment Worksheet (EAW) and to await an indication from the Metropolitan Council on the Metropolitan Urban Service Area (MUSA) status. The Council should be aware of the following: , ~~ 1. The City on November 9, 1993 received correspondence from the EQB regarding the petition requ~st of area residents for an EAW on the site (documentation enclosed). The City according to the Environmental Review Program, 4410.1100, Petition Process, has thirty (30) days from the date of receipt of the petition to decide on the need for an EAW. The City must base the decision on the information that is submitted and presented by the petitioners. The City shall order an EAW if the evidence presented demonstrates that because of the nature or the location of the proposed project, the project may have the potential for significant environmental effects. The City shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. The City shall maintain a record, including findings of fact, on the decision on the need for an EAW. Attached for Council review is 4410.1100, Petition Process. Please note that the City shall notify, within five (5) days of its decision, the proposer, the EQB and the petitioner's representative of its decision. MOTION BY: SECOND BY: ,-J TO: Page Two Rezoning - Crowne pointe & Other '1 Ashford Development Corp. '"J Ci ty Council Meeting November 16, 1993 2. The Metropolitan Council has submitted a letter to the City indicating a decision will be made on the MUSA status by December 31, 1993. This date is when the 90 day required review period expires. The Council should be aware that the Metropolitan Council may require modifications to the amendment submitted by the City. The amendment may not be put into effect until the Metropolitan Council approves the modifications. 3. The Council should be aware that action must be taken on the rezoning application within 60 days following referral by the Planning Commission. Such action may consist of approval, denial or referral of the item back to the Planning and zoning Commission. The deadline for such action shall expire on December 3, 1993. If referred back to the Planning Commission, it must be reviewed and returned to the City Council within 30 days. The Planning and zoning Commission on September 14, 1993 made the recommendation to the City Council to approve the rezoning request. Attached is a resolution which reflects the Commission's recommendation. ,-) :J f~~ '- ) . \ ',~/ November 5, 1993 Victoria V olk, City Clerk City of Andover Andover City Hall 1685 Crosstown Boulevard N.W. Andover, MN 55304 RECEIVED " NOV 9 1993 CITY ur- hl\juuVER RE: Petition for an Environmental Assessment Worksheet (EA W) for Ashford Development Subdivision Dear Mr. Volk: The Environmental Quality Board (EQB) has received a petition requesting that an EA W be prepared on the project described in the petition, and has determined that the City of Andover is the appropriate governmental unit to decide the need for an EA W. The requirements for environmental review, including the preparation of an EAW, can be found in the Minnesota Rules, parts 4410.0200 to 4410.7800. Please contact me if you do not have access to these rules. The procedures to be followed in making the EA W decision are set forth in part 4410.1100. Key points in the procedures include: 1. No final government approvals may be given to the project named in the petitions, nor may construction on the project be started until the need for an EA W has been determined. Project construction includes any activities which directly affect the environment, including preparation of land. If the decision is to prepare an EA W, approval must be withheld until either a Negative Declaration is issued or an Environmental Impact Statement (EIS) is completed (see part 4410.3100,) 2. A first step in making the decision regarding the need for an EA W would be to compare the project to the mandatory EA W, EIS and Exemption categories listed in parts 4410.4300, 4410.4400, and 4410.4600, respectively. If the project should fall under any of these categories, environmental review is automatically required or prohibited, If this should be the case, proceed accordingly. 3, If preparation of an EA W is neither mandatory nor exempted, the City of Andover has the option to prepare an EA W , The standard to be used to decide if an EA W should be done is given in part 4410.1100, subp. 6. Note that this requires that a record of decision including specific findings of fact be maintained, '" ~ "' .. 4, You are allowed 30 working days (Saturdays, Sundays and holidays do not count) for your decision if it will be made by a council, board, or other body which meets only periodically, or 15 working days if it will be made by a single individual. You may request an extra 15 days from EQB if the decision will be made by an individual. ~ ~ .. co c c '" '" ... '" ... ... - .. ... ... '" .. .. - U INVIBDNMINIAI nUAl1IY 80ARD G58 elDAB mill, n PAUl, U 55155 G12 29&-2&03 fAX G12 29&-3G98 SIAff PBDYIDID BY mJ PlAIIING \ ,_/ \ "j . , ,) November 5, 1993 Page Two 5. You must notify, in writing, the proposer, the petitioners\'representative and the EQB of your decision within five working days. I would appreciate your sending a copy of your record of decision on the petition along with notification of your decision for our records, This is not required, however. 6, If for any reason you are unable to act on the petitions at this time (e.g., no application has yet been filed or the application has been withdrawn), the petitions will remain in effect for a period of one year, and must be acted upon prior to any final decision concerning the project identified in the petition. Notice of the petitions and its assignment to your unit of government will be published in the EOB Monitor on November 22, 1993. If you have any questions or need any assistance, please do not hesitate to call. The phone number is (612) 296-8253 or you may call on our toll-free line by dialing 1-800- 657-3794. Sincerely, ~ ~~~ Greggff'twning 'r Environmental Review Coordinator cc: Paul and Linda Mazzei, Richard Fuller ", \ '-J , ) '--- "J " September 10, 1993 Minnesota Environmental Quality Board Centennial Office Building St. Paul, MN 55101 Dear Board: Enclosed for filing please find a citizen's petition requesting an Environmental Assessment Worksheet in connection with action proposed by the Ashford Development Company to the City of Andover. Copies have been mailed to the Ashford Development Co., the City of Andover, and the Anoka County Soil and Water Conservation District. Sincerely, ~ Richard . . Fuller Mansfield & Tanick 1560 International Center 900 Second Ave. S. Minneapolis, MN 55402-3383 (612) 339-4295 cc: Ashford Development Co. Andover City Clerk Anoka County Soil & Water Conservation District :~ iY( ~~ C./J'W~unvmfit1d/ Cl~ I3mvd fpdif2/rud- ~ 7&:Jd,~ " )i iJad., ~ 55/0/ ~) (Juu; '4nud! ' 6~~-tie~~~~ ~f"/(~'~~~~ ~~1~QMd~&~ (7~ jJ~ ~. au~&4d1? , ~ , ~~~:draM1~.~ ~~i~r:ae~#~L&L ~J!if- ~,eJ~ ~ tk ~~ # 1J1~ / /~ /3~ Lktt. r1 jJ CL /Mf 1 &~ ~ ~ e~ f1~ ~::n;(~p~~~~ ~, (f'/-'" . 'k". . t'> . . ~~ \ l~ _r. ~~. ..,"; \ . \\:.':' ",,1) \ ~ ~-(\" '; "'., \ ; ( --...-:''; ,,;..I). .......~ ,.,. " _ -; 1-~ ...,1_ ......... ': ' i:~"" ~...,.c.:~,,~ .00 / C '<.~.\~\,"<., ,.,'"J~,. ;:" ' Q'J~I.\" , '-, , "~:, .~ : -. ." ""'~' ,,' ,;/ -.:: .\,,0.... "J,." -.- J~ ,~ ,.J / " I '-J :,J .-... PETITION FOR ENVIRONMENTAL ASSESSMENT WORKSHEET Pursuant to MINN. STAT. S 116D.04, and Minnesota Rules S 4410.100, the undersigned hereby petition the Environmental Quality Board of the State of Minnesota, the City of Andover, and the Anoka County Soil and Water Conservation District, to require the Ashford Development Company to prepare a an Environmental Assessment Worksheet with regard to the following project. A DESCRIPTION OF PROJECT The Planning and Zoning Commission of the City of Andover will review the rezoning request of Ashford Development Corporation, Inc., to rezone property located in the Southwest Quarter of the Southwest Quarter of Section 25 and the Southeast Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota from R-1, Single Family Rural to R-4, Single Family Urban for the purpose of subdividing the property and constructing single family homes. The property is generally located south of Andover Boulevard and east of the Burlington Northern Railroad tracks, and west of Prairie Road. B. PROPOSER OF THE PROJECT c. Ashford Development Corporation, Inc. 3640 152nd Lane NW Andover, MN 55304 Tel: (612) 427-9217 REPRESENTATIVE OF PETITIONERS Paul and Linda Mazzei 935 Andover Blvd. NW Andover, MN 55304 Tel: (612) Jf3'f-C,5i1 D. ENVIRONMENTAL EFFECTS OF PROJECT -. The proposed project will result in high density urban development of a currently rural area, a significant portion of which occupies the formally designated nood plain of the Coon Creek Watershed in Anoka County. Such high density development will alter current drainage patterns in the watershed and flood plain, Rainwater runoff can be expected to adversely effect water quality in Coon Creek and the Mississippi River. The area proposed to be developed is located in the vicinity of Bunker Prairie Park, which contains the state's largest remaining stand of virgin buffalo grass prairie (an endangered plant life species) and associated wildlife, lr.creased traffic from high density urban development can be expected to increase air pollution, dust. and noise, adversely affecting wildlife in the immediate area as well as increasing traffic / " ,-) congestion and endangering pedestrian traffic in more removed areas and contribut- ing to local air pollution. In witness whereof the following residents have hereunto set their signatures below, ~117J' '" ~~- Paul Mazzei 935 Andover Blvd. Andover, MN 55304 Dated: ~( L ~ ~ . da Mazztt;( ~ f -3/-9.3 935 Andover Blvd. Andover, MN 55304 ~-) Datlt!!!:!) '3" Richard J. Fu r j, Dated: ~}H \ '1. ::. pen~~ 13948 Prairie Rd. Andover, MN 55304 13948 Prairie Rd. Andover, MN 55304 Dated: ~/9J c::;.~jMul ~ d.n pi ///1/ ?J1J -M. 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Y).!J. /fndcrv-eJu /4/s</s 4~.~_<=*</JvJ ~~ ft/Si{o fa.,,~ 51;V, W' ftv,.:>ot/c'z, tfttn/, >"S30{ IVS-LjfJ fPLI11 5f. tJ/1J 4i'1JDotfc;~ j.:;N Y73.:J! ) Lt b5 5 PG\ 1 \A\ 'S't Nc:Jl]0) VY\(\ 553o~ IYi SS- -fu.tm ~~e, ;.-;0 Ard cvu (Yt J{j , ~J .J "J . , " : 7/19? 1 (1?' 1'-/75"5" tlltfi1 ;;;rna- /lU/ 6t31113 A.' / f<6f3f!,So/V I1;11IJollet<.r I'J.tA/, 5:'590'1 Dat c1: ~ ~['1 '3 / """ f c?~V1/"?/' ; f' ~ \L\'l<)") \,j<",~'V"-" ~ N'vJ :J 0e~~ ~d.6Vq 10."-> ".,2oLj Dated: Y'--..- c; ,-<, (~ -1- '-l-'ls. ~.) " -Jf.1;1.<<:JLj _ )L}J?/'S Pcdm 0t--. Uk), \....c;~ ~~\c.4> it /lc/ ~ hv) .::J~3tfj Dated: 9 - 4 - q 3 ('Iu4f- 1Lu:Iuu,b Che (11/ chards; 930 J'i8b1 lUuJ ~ Jrl.n, 5.530"f / Dated: qc..{7-_/<.{~f-L, LP;U~ ,v,t-(.). A ,,-,dcJ \) e)-/ ~ tV. t;""':> 5 Q '1 q-- 4' ~ q 3 (~.~ Lyle. L'-If--J C'-1.'sr Dated: 91-:F- /fyiA L:t I)~ I!/ jlj/ /!I?dof/er 1ll;J/ 2~:?tJl ) \, "~ ,~ '1 '-J . ~ ~ _ _.. J .... I' It/lor 5{Co.1'Iore... s-r. AJ,C0 ' ILfto5tJ ~ " 10-27-1993 13:10 ' 612 625 1738 U of MN Plant 8iol09~ P,01 ',J To: Linda Mazzei FAY. :11 sq From: Anita Cholewa Dept. of Plant Biology Univ. of Minnesota, St.P. A few of the plants you sent were not in a state that they could be identified. The names of the remaining are \ , / '-~ blazing star -- Liatris aspera or L. ligulistylis (difficult to distinguish without flowers) little bluestem -- Schizachyrium scoparium hairy gramms grass -- Bouteloua hirsuta junegrass -- Koeleria macrantha quack grass -- Elytrigia repens (used to be called Agropyron repens) hedeoma -- Hedeoma hispidum smooth brome -- Bromus inermis false heather -- Hudaonia tomentosa sand dropseed -- Sporobolus cryptandrus smooth crabgrass -- Digitaria ischaemum three-awn -- Aristida basiramea ' ~three-awn ~ Ariatida tuberculosa (State Special Concern List) Indian grass -- Sorghastrum nutans switch grass -- Panicum virgatum goldenaster -- Chrysopsis villosa grey goldenrod -- Solidago nemoralis purple prairie-clover -- Dalea purpurea prairie larkspur -- Delphinium virescens flat-topped goldenrod -- Euthamnia graminifolia thtmbleweed -- Anemone cylindrica red sorrel -- Rumex acetosella Canada wild rye -- Elymus canadensis witch grass -- Panicum capillare round-leaved dogwood -- Camus rugosa sedge -- Carex foenea sedge -- Carex sp, smooth agalinus -- Agalinis purpurea lichen -- Cladonia sp. ,-J A If sp,e.cirne.rl5 I/sfed above tire from s()/r/eci a yea,., , tJtJ{o;;"i?.ale/~ clue to time of season as 6f6lferl aIJotJe - S()iY/1!. eotJ/d 1101 be /c!enftijel -(Jilt! due To (l()sf s()me hac! to he distJlirJed., '-'" ,~ '-) '., '-. ./' STATE OF MINNESOTA COUNTY OF HENNEPIN ) )ss. ) Richard Fuller, of the City of Andover, County of Anoka, in the State of Minnesota, being duly sworn, says that on the 10th day of September, 1993, he served the annexed Petition for Environmental Assessment Worksheet on Ashford Development Co., City of Andover, and Anoka County Soil and Water Conservation District by mailing to them copies thereof, inclosed in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, addressed as follows: City Oerk Andover City Hall 1685 NW Crosstown Blvd. Andover, MN 55304 Anoka County Soil & Water Conservation District 11931 Central Ave. NE Blaine, MN 55434 Ashford Development 3640 152nd Lane NW Andover, MN 55304 RJC~~~ Subscribed and sworn t~b2.ore me this /O---day of ~ 1993, ~~~ I Notary Public #'..... MARCIA L. MILLER ~.lJ :). NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My CommIssIon Exp. Aug. 2. 1994 " , v , "- ~-) . '--) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a pubric hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, September 14, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the rezoning request of Ashford Development Corporation, Inc. to rezone property located in the Southwest Quarter of the Southwest Quarter of Section 25 and the Southeast Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota from R-1, Single Family Rural to R-4, Single Family Urban for the purpose of subdividing the property and constructing single family homes. The 'property is generally located south of Andover Boulevard. and east of the Burlington Northern Railroad tracks, and west of Prairie Road. All written and verbal comments will be received at that ti:ae and location. A copy of the application and location will be available at the Andover City Hall for review prior to said meeting. 1~~ dJt Victoria volk, C~ty Clerk Publication dates: September 3, 1993 September 10, 1993 ,... ..".:--.. ."< '0 I 'T I __I ': \ ~,..-.- ~-:-.iii' - - ~ - - l\ - - -'\; \- I......... " "< (' - ... :J I f -- - <', -""\ J ~ .......) I '" ~, 1~;~t>...;:- -,., ~ "" ' I f,,,,,,.:J'~ ;f" p;J' "", " ....... " : ::::;;". " . ';:"';i'{J;; ,~ ~ -- .;.. . ~ . ".:J'3-r-:- f,,-..., T, rr-w ~ : .::; ':'. . 1-, ' "_, I 'J ' . .', r-r-c;. . '- .~. , 2, I . .j "' ,. '., "lY"" ..., ' "';':;;'d!"""TI... . /. /I, 1,)' .il . ',,' \~ q-~,R.':~'E.~""S;lEo ~~'41~J) ';/~_.._;" ' ' rJ; I'" ~, ' ..t~, - " ; . //: ". '-'L.IIV<7.- '- ,-." '4 ", Ak' 2 " J I - , '" . . 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L AKE /~/~li~\:\;{ ~..::.. ,-_. ~I:.a";?@i:>f..",-< · r :"> \'\C,':T .' .. i ~~, : ~:!: II ~"1tir~;:;f;itr>'f;f:~?L:,,..~.i ...... ~;,"-<,.\~~?"J' ': '.' ~. I .....,:';3",7 i:;--;'2, .,..."..,....,. "''''C' ,....,..' I. i.. ~.:....) J"'" .. "'::.":'",,'(" ..:..': _I -. :-in~ ''''\ocess for J shall be :he thresholds of ,00 or any of the be prepared: part 4410.4600 ;riti' over the ~ ~at'Jre or i have the , part 4410.4600 ,rity over a ~tion process set :ure or location ! potential for i because of the :,ojec: may have ~cts (this item .r oart 4410.4600 ;""ith aoo!:'oval , .. ;ative or ':in =:AfI concerning , i r 'ice environmental ~al for ions. :-tultiple ~ " '\ are lie.., /d in total i :he--':::AIl, and ~re :.: is not ;C::l.po::en':s or Ii ~'..:5~ be ich s:.;osequer:.: ::y cescribe t~e oe s~bject of the reets, pipelines, ~:ec~ is related ch a governmental led. the RGU roposal or select nsid.eration in ~c:.icns mus~ be 5ys:e~ or network ys:.e!!l into ~parated under 01 :~ each EAW :0: hhich permits ther governmental EAW. If after a t:".e or:loosed ~~en:ed,"the RGU ade in the " ) ,:::~~~..:~:~'~Sj~i~~~i~=~;,:{; ., . -lit'''. . .. proposed project that may affect the potential for significant adverse environmental effects, a new EAW is required. MS s 1160.04: 1160.045 13 SR 1437 4410.~~ION PROCES~ Subpart 1. Petition. Any person may request the preparation of an EAW on a project by filing a petition that contains the signatures and mailing addresses of at least 2S individuals. Subp. 2. Content. The petition shall also include: A. a description of the proposed project: 8. the proposer of the project; C. the name, address. and telephone number of the representative of the petitioners; O. a brief description of the potential environmental effects ~hich may result from the project: and E. material evidence indicating that, because of the nature or location of the proposed project, the!:'e ~ay be potential for significant environmental ef:ects. Subp. 3. Filing of petition. The petition shall be filed wit~ t~e ~Q9 :or a determinacion of the RGO. the the Su~p. 4. Notice to proposer. The petitione=s.s~a:l ~otify proposer :.~ *r:tir.g at :he ~irne they :ile a ?e::~lc~ wlt~ ::Q8. Subp. 5. Determination of RGU. The EQ9's c~air or designee shall deter~ir.e ~he~he~ the ?etition c~~?::es ~ith the require~ents of subparts 1 and 2. !f the peti:ion complies, the chair or designee shall designate an ~GU purs~ant t~ pa<t 4410.0500 and forward the petition to the RGU ~i~~:~ ::ve days of receipt of the petition. Subp. 6. EAW decision. The RGO shal: order :~e preparation of an EAW if the evidence presented by :~e petitioners, proposers, and other persons or o:he=~vise known to the ~GU de~onst:ates that, because of the nature 0: location of the proposed project, the project may have the potential for significant environxental ef:ects. The RGU shall deny the petition if the evide~ce presented fails to de~ons:=ate the projec: ~ay have the potential :or significant environ~ental effects. The RGU sha:l maintain, either as a seoa:ate docu~ent or contained ~ithin the records of the aGU, a reco<d, including specific findings of fact, oE its decision on the need for an EA\<. Subo. 7. Time limits. The RG: has 15 davs ::om the date of the receipt of the petition to decide on tte ~eed for an LAW. If the decision ~ust be made by a board, cou~cil, or other body which meets only on a ?eriodic basis, t~e ~:~e period may be extended by the RG~ for an additional 15 days. For all other RGU's, the EQB's chair sha:: extend the lS-day period by not more than 15 additional days upon request of the aGu. Subp. 8. Notice of decision. Within five days of its decision the RGU shall notify, in writing, t~e proposer, the EQ9 15 ,'~.. ....."........ ..~~.:.: . " ..~,' ~. ~ -I .-.~..,...,.,,-"......... - -~. ". '- :. .~;;~/r..~~ ".", ,.. ~r' .,' 'f;" . ' ::;:~~i~,~~;:' ,J staff', ar-a ~~ E03 s::af~ sr:a the pe:i:ion pe:i:ioner's :epresen:ative 0: its decisic~. :~e : publish no::ice of che aCylS dec~sion conce:~i~q n :~e ~09 Monitor. Suep. 9. Duration of effect of petition. !f an RG~ can~Ot act on a ~eti::ion because ~o oer~i: aoolication has be~n filed, the aoolication ~as been ~i=hdrawn, or~the aoolication has been denied: t~e petition :emai~s in ef:ec: Eor no.rnore ~han Or-e year from t~e date en ~hich i: was filed with the ~Og. While t~e pe~iticn remair.s in ~ffec:, par: 4410.3100, subparts : and 2, applies to any proposed ?rojece for which the nature and location is substantially similar to the project identified in the petition. MS s 1160.04; 1160.045 13 sa 1437 4410.1200 EAW CONT~T. The EAW shall address at least the following major categories in the form provided on the worksheet: A. -identification including project name, ?:-~jec: proposer, and project lOcation; s. procedural details includlng identificacion of the RCU, eAW contact person, and instructions for interested pe:sons wishing to submit comments; c. desc:iption 0: the p:ojec:, met~cds 0: construction, quant::lca:ion of physical charac:e::s~ic3 a~c imoac:s, project si:e desc:~ption, and :and use ar.d ?~:sic~: fea:~res or the sur:our.dl~g area: ~-) u. resource oro:ection ~easures that have ~ee~ incoc?orated i~to t~e ?roject design; E. e:wiron:::.er.t:al investi;ation majcr issues sec:ions identi:yinq pOt=~::3: impacts and issues t~a: oay :equ::e :u::te~ berore =~e project is ccmme~ced; and 'r. known gover::::er.tal approvals, ce"Jie.....s, .... Ei~anci~q requiced, aoolied for, or an::cioatec ar-d :~e S:3:~S of any applications ~ade, including per~i::-condi:io~s :~3: =ay ~ave been ordered or are being considered. MS s 1160.0~ sued 5a 4410.1300 EAW ,OR~. The ~Q9 chair s~all deve~op an EAW :o~~ to be ~5ed oy :~e RG~. ~~e ZQ3 chair ~ay approve the use of an alte:~a:ive ~A~ for~ if an RCU de~o~st:ates the alternative :o:~ ~ill be::e: accommodate the ~GU's func:ion or better address a ~ar::c~la: type of p:oject and :~e alternative for~ will ?:~vid~ ~o:: cornplece, =ore accur3~e, 0: more relevant in:or~a:io::. The ~~n for~ shall be assessed by ::he ~Q3 c~a:: oe:iodicallv and ~av be al:e:ed bv the ZQS c~a:: :0 :~p:wve :~e ef~ec:~veness or the document. . MS s 1150.04; 1160.045 13 sa 1437 ~410.1400 PREPAaATION OF AN ~AW. o 16 ~ ~':'-", " \ '-.../ ,-) ~~ METROPOLITAN COUNCIL Mears Park Centre. 230 Easl Fifth Slreer. SI. Paul. MN 55/0/-/634 6/2 291-6359 FAX 6/2 291-6550 7TY 6/2 29/-0904 November 4, 1993 Mr. Dave Carlberg City of Andover 1685 NW Crosstown Boulevard Andover MN 55304 nECEIVED NaV 9 1993 CITY OF ANDOVER RE: Andover Comprehensive Plan Amendment 275-Acre MUSA Expansion Request Metropolitan Council District 9 Metropolitan Council Referral File No. 15796-3 Dear Mr. Carlberg: The Metropolitan Council staff has reviewed the additional information submitted by the city and has determined that the comprehensive plan amendment originally submitted on August 20, 1993 is now complete for Council review. However, we have also determined that the proposed amendment presents a potential impact on the metropolitan system plans, specifically on the metropolitan highway system. The Council will review the proposed MUS A expansion request to determine future system impacts on the transportation system. The Council will review progress on the update to the Anoka County Transportation Plan and review the analysis of the problems on TH 10 and TH 65 and the strategies proposed that will address the impacts of the' expanded MUSA. A proposed amendment that has a potential impact on metropolitan systems may not be put into effect by the local government until the Council review is complete. The law allows the Council 90 days from receipt of the complete amendment to finish its review. If the Council requires a modification to the proposed amendment, the amendment may not be put into effect until the Council has approved the modification. The 90-day review period ends on December 31, 1993. Within that period, Council staff will complete a review of the amendment and forward a copy of the staff report to the city. If you have any questions during the review period. please feel free to contact, principal reviewer, at 291-6457. ~~~ Dottie Rietow Chair DR:ret cc: David Hartley, Metropolitan Council District 9 Lynda Voge, Metropolitan Council Staff Richard E. Thompson, Metropolitan Council Staff @ Recycled Paper ~.J CITY OF ANDOVER COUNTY OF ANOKA STl.TE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REZONING REQUEST OF ASHFORD DEVELOPMENT CORPORATION, INC. TO REZONE PROPERTY LOCATED IN SECTIONS 25 AND 26, LEGALLY DESCRIBED BELOW FROM R-1, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN. WHEREAS, Ashford Development Corporation, Inc. has requested a rezoning from R-1, Single Family Rural to R-4, Single Family Urban on the property legally described on the attached Exhibit A. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03(B) and that there is no substantial negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands; there will be no negative effects on the values of property and scenic view in the surrounding area; and ,J WHEREAS, the Planring and Zoning Commission finds that the request is in compliance with Ordinance No. '8, Section 5.02; 'and WHEREAS, a public hearing was held and there was much sincere well spoken and well documented opposition to said rezoning especially in regard to management of the wetlands; and WHEREAS, the Planning and Zoning Commission recommends the City Council approval of the rezoning request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby approves the rezoning of the property legally described on Exhibit A from R-1, Single Family Rural to R-4, Single Family Urban. Adopted by the City Council of the City of Andover on this 5th day of October, 1993. CITY OF ANDOVER J. E. McKelvey. ~ayor ATTEST Victoria Volk, Clty Clerk ~-.J \~ EXHIBIT A LEGAL DESCRIPTION All that part of the Southeast Quarter of Section 26, Township 32, Range 24, lying Easterly of the Great Northern Railway Company right-of-way, Anoka County, Minnesota ~D That part of the south 689.24 feet as measured along the west line thereof, of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, lying westerly of the centerline of prairie Road as now laid out and traveled. Except that part described as follows: That part of the south 340.00 feet, as measured at right angles, of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, lying east of the west 855.56 feet, th~reof, as measured at right angles, and lying westerly of the centerline of Prairie Road as now laid out and traveled. ~) ~ .~~ /- ;....."-. ~',I ~il '11' ~.~-:z1 m;.....:' ; """/ [I --"" "-. - I ' ~ I J.J\,j v; :<....,....-7 '.' , '... , . . ': '" ; I , ! -J.; _~:n..i~~"I,: ~,' !: --------- ----------- --" - - I' . ,...".. :R~' ! I III ~'':'~' ,I I 4' :-~;~._;:~ .r;) i I ~ I 1"v'I..,.,. ,...~ ~)~. I - I" I', '.. _ i ,,/', : 'Iii' . (~ ~ J...0;....~" ; ') ~ [: 'y\. /..: I} ).,,/ : \\ I ' ----------- --- , " . III, \, _ _.{ 1<_ -,~-=-.iA' . i ''''~ 'I'I)! (Pi" \'" ~~y ~ (\.1:J~:(:~ -.-. " I ' ,\ ~:,..!-\ .~,-:{; J : I i I : Ii'" i: "\ .,. ( " ; - - - : '----~. ---------rt--""'~- :.... -.,_ : ' r:"T7~ . '" ri\ \\~~-r: :.:,.... v ( '..,. ~. 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'/ - ) .~. - . ~ ....." Ne I".;r....;.. .~;;......~-.., A/Ill \ I , ' "..",..,-". -"LJ -4 -f \BUN~ .JL~"--"_~_"""""O - T I -_.1Jf-~__ \ '4~_~_ _ ~ _ - 1R:!OEN. I I : !' I ~\ 'r---_-~..r. I r""~""""'"' ,.\ i ., " I i ;II~'JI' ,.~ ~"..,~\. ~4}" 7"; I ~r '.../A C , E5', I ,,'.' I /, I i~3UNK" . HIL:t:s.~.."PA~; J. /OI~C<.toOUiy >:i~,.--, I I} I I . i~ _. c:.._ I~T l ~ :.'1' ~ , I J)\. ,..L'" 1 ..L " ~ - L I . i-~~;.~. I. ".:'_' z-: ~ --' ' i././N/ , GB -,-.:~.,~ ~.",- ~~:'~:?, ~.:: ->- ,~ , , , ... ~~ \j ',~) DRAFT -------- r----.. ...9 " ,/ c...J-:i \ " / & l 't" - .' J~/ , !J-1' l.r , J.t,/ . i \J~ --.. . ,-.;-r .....C---;-' J'. ;j'Y\ {,\. ,..."._~- - A r ./ ~ " r \"'_.-~ ~ ''-0''; l\....:V" " '" \" ., '.' ~'U / ,.~ ',', '\' " /" .. ,'.',.. . " , -""\ .- "-' -, ~-' /' ,'.. J . 1 Regular Andover City Council Meeting Minutes - November 16, 1993 REZONING/ASHFORD DEVELOPMENT/SECTION 25 AND 26, CONTINUED Mayor McKelvey noted the item was tabled at the October 5, 1993, meeting. Since then a response has been received from the Environmental Quality Board which advised the City has the authority to determine whether an Environmental Assessment Worksheet should be ordered, But they did not mandate that an EAW be done. The Metropolitan Council has not yet made a decision on the requested expansion of the MUSA area, but that is expected the end of December or early January, 1994. Based on a meeting with several members of the Metropolitan Council last week, the Mayor tended to feel the City may be granted its request. He also noted a letter before them from David A. Erickson and family, who was unable to attend the meeting this evening, expressing his concerns over the environmental impact of granting this rezoning. The Planning Commission had recommended approval of the request. Council discussed the options available, that is either vote in favor, against, return to the Planning Commission for further research, ask the petitioner for an extension of time in which to make a decision, or approve contingent upon a favorable EAW. Attorney Hawkins advised against approval with any contingencies. Several Councilmembers indicated a desire to have an EAW done before acting on a rezoning because of the concerns that have been raised over the environment, wetlands, etc. Councilmember Jacobson felt that EAW could be done within two weeks, which would provide additional information on which to base a decision; however, the applicant would need to grant an extension of time. Jerrv Windschitl, Ashford Development - stated the only ability the City has for requiring an EAW is based on the evidence submitted, and he quoted the EAW Petition Process regulations, 4410.1100, Subsection 6. He felt the key in the regulations is the City shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant, emphasis on significant, environmental effects. As a point of order, he stated the agenda item is not an EAW but a request for a rezoning. He argued the rezoning only allows him to do something with the land in the future. The EAW is not applicable to the rezoning, though it might be appropriate when considering a preliminary plat. He asked that a decision be made this evening on the rezoning request. He would not provide an extension of time. Attorney Hawkins advised the issue tonight is making a decision on the rezoning according to the standards of the ordinance, whether or not this property is appropriate to carry the R-4 zone and its potential use for urban '\ 'J ~~) 1 '-J 2 density. The EAW at this point is not really a factor, though the fact that the Council does not have it may be a basis for denial along with other factors regarding the suitability of this property for this type of development. The lack of an EAW by itself is not a proper basis for denial. Mr. Carlberg noted if the request is denied, the ordinance requires the applicant cannot make re- application for the rezoning for a period of one year. Attorney Hawkins stated that provision could be varied by the Council, or the Council can initiate a rezoning at any time. Richard Fuller. 13948 prairie Road. Attornev representinq some of the petitioners - stated additional information has come to their attention since the original petition was filed which he believes makes an Environmental Assessment Worksheet mandatory under the regulation. He provided the Council copies of the Environmental Review; Critical Areas 4410.1000, reviewed several sections of the regulations, and concluded that an EAW is mandatory because the total number of units that may ultimately be developed on all contiguous land owned or under an option to purchase by the proposer exceeds the threshold number of 250 units. Counting the 93 units in Weybridge, the 49 units in Crown Point West, and the proposed 110 units in Crown Point East, it exceed the 250 units, thereby mandating an EAW. He stated it appears the developer has carefully staged the developments so no particular stage exceeds the 250 units. But the regulations clearly stated that all contiguous land owned or under option must be considered. He felt the Council would be sending a bad message to the residents if they allow this developer to avoid the clear directive of the regulations simply by cleverly staging the developments. Mayor McKelvey stated the staging has actually been done by the Metropolitan Council in their control over what property is to be included in the MUSA. Mr. Fuller - stated nonetheless, it has been staged and the regulations are clear. He submitted the Council has no other option but the proceed in accordance with the regulations, that is require an EAW. Mr. Carlberg asked with Burlington Northern Railroad privately owning the strip of land between the properties, would Mr. Windschitl's properties still be considered contiguous. Attorney Hawkins could not give an opinion at this time without looking at the regulations. Mr. Carlberg stated the other question is whether Mr. Windschitl had options on the other properties at the time Weybridge was being developed. If not, those guidelines would not be applicable when Weybridge was done. Mr. Windschitl - stated there are many legal issues that relate to an EAW; and if that is the agenda item, he would prefer to have his attorney present. At some point in time he'd like an opportunity for a rebuttal on some of the issues being raised; because as he understands it, some of what Mr. Fuller has said is not factual. Mayor Mckelvey stated the agenda item is for a rezoning, not an EAW. , '\ ,-.J :.) ,-) 3 Pat Shroeder, 720 NW Andover Boulevard sensed that Mr. Windschitl's threat to bring an attorney is causing the Council to fear taking action on this item, which she did not think is fair. With regard to an EAW, there have been problems getting access to the land; as Mr. Windschitl has not allowed access to anyone that she is aware of. He had specifically told her he would talk to his attorney to allow her and her daughter access to ride their horses, but Mr. Windschitl never got back to her on that. How could anyone get out there to get the information for an EAW? Ms. Shroeder also noted that the destruction of the area has already begun. There are huge earth movers there, and much of the wildlife areas are already being destroyed. Plus the quality of her life is being destroyed by the loud machines. She asked if that is legal. Attorney Hawkins advised the Staff would normally investigate the site and report to him before he could make a determination as to its legality. Mr. Carlberg reported Mr. Windschitl has been granted a grading permit by the Building Department under the Uniform Building Code. The permit allows him to grade his property. Ms. Shroeder - quoted from the regulations 4410.3100 that if an EAW petition is filed, a project may not be started and a final governmental decision may not be made to grant a permit, approve a project, or begin a project until one of four criteria is met. A permit has been granted. In her opinion and those of the residents, it is taking place in advance of when it should be. Mr. Carlberg stated the permit was granted prior to the request for an EAW. Ms. Shroeder - agreed an EAW is really important. But she felt the quality of life of the people who live here is something the Council should really be involved with, and not just coast over it as if they are more concerned about the wildlife than the people who purchased the land with the understanding that it was going to be open space. She is asking the Council to defend her right for a certain quality of life. She wished the City would do keep the zone at 2 1/2 acres. Dave Grorud, 14545 Palm Street NW - felt a Council would be ill- advised not to take into account the environmental impacts of a rezoning. It impacts even though there may be another chance for control when the development begins. Obviously there is not much control when permits get granted when no one seems to know what is going on. Driving by the property, one can see significant digging with dirt placed on the east side, rolling into the wetlands. Most of the trees along that strip have been covered by dirt, so there is a good chance the roots have been smothered and trees eventually lost. He also thought that the machine traffic is now crossing land that is not even owned by the developer. He didn't know if the developer has permits to do that type of trespassing onto the railroad property. He asked what is the process if a rezoning is granted after-the-fact with permits granted long before someone has to give the Council and citizens a chance to speak out on a project. Even with a successful denial of the rezoning request, ~~ , ) ~ ~) 4 there has been damage now affecting some aspect of the drainage. Mr. Grorud continued that there are many external issues that cry out for denial of the request. First, there is no sewer to the property, plus no guarantee that there will be sewer to it. Plus there may be other areas with more pressing needs for sewer, such as the proposed new middle school. So why rezone? The normal process would be to wait until there is sewer and then rezone. Secondly, there are not enough schools. There is not enough schools for the people who are here, so why take steps to rezone to a higher density. That doesn't sound like wise decision making. Another aspect is to look at what the zoning should do, that is protect the protect the public health, safety, morals, comfort, convenience and general welfare. He felt the environmental issues go into all of those. A great traffic congestion will be created by the rezoning right by a railroad, about which the City already receives numerous complaints. Why rezone it now when there is no need for it in the City? Lastly, the definition of the R-l, Single Family Rural zone, which it is currently zoned, fits this area perfectly. He hasn't heard anything from the developer as to why the low land, which is hard to develop and hard to maintain the lots, should be rezoned for something it is not geared for. Mr. Grorud felt the developer should have the burden of proving why the City now needs to have higher density zoning in that area. Mr. Grorud stated he spoke with Richard Thompson of the Metropolitan Council who indicated that the meeting on the City's MUSA expansion request will be scheduled the middle of December and that the decision has not yet been made. Mr. Thompson has not yet had a chance to visit the site with his engineer, and he again reiterated that the materials they received photocopied so poorly that they did not know the extent of the wetlands involved in this request until a neighbor brought it to their attention. They also have the concern it may not be appropriate to expand the sewer into areas that are not best suited for it because of the wetlands. Mr. Grorud stated he only heard reasons why it should not be rezoned and none as to why it should. He hoped the Council would listen to the residents and deny the rezoning request at this time. Mr. Carlberg noted the Council has received a letter that the Metropolitan Council has found the materials complete for review. If there is an issue that they cannot interpret, they should be requesting that information. He did not see that as an issue. Mayor McKelvey explained Mr. Thompson was asked when he got to City Hall if he wanted to view the site, and he chose not to because of the rain. If Mr. Thompson wishes to view the site, the Mayor stated he arrange it with the owner of the property. Mr. Windschitl stated this group has been before other governmental units trying to do the same thing and has not made headway with them. He explained to do the grading, permits are needed from three governmental units. They have the permits from ~~ ,~ ~J 5 all three units. They have satisfied all the water quality issues, runoff issues, water storage and storm water issues. The group lobbying against the rezoning have been furnished copies of the permits. They have been inspected by at least two governmental agencies within the last week or two. A preliminary plat has been at City hall since early August. Mr. Haas stated the grading plan has not been approved by the City. Mr. Winds chit I has a permit under the Uniform Building Code and is working on his own. If, as the City reviews the plan, changes are made in the grading plan, the developer must comply. The developer is allowed to do this. If the property is not rezoned, any work done is at the developer's expense. Mr. Winds chit I - stated whether the property is zoned R-4 or R-1, he still has the right to do this grading. People are acting like they own his property. He can do whatever the laws and regulations allow him to do. For the record he again noted the rezoning request is based upon: 1) It is consistent with and conforming to the Comprehensive Plan approved by Andover and submitted to the Metropolitan Council; 2) It is consistent with and conforms to the request for MUSA extension requested by the City of Andover and is being reviewed by the Metropolitan Council; 3) The adjacent property on the south and west is zoned R-4; 4) The adjacent property on the north has been requested to be included in the MUSA extension; 5) It is consistent with accepted development growth and land planning issues; and 6) The rezoning will not cause any assessments for anyone in the area, as the sewer and water lines are either on the property already or are available on the adjacent property. Mr. Fuller - had a letter from the EQB addressed to the City with a copy to Mr. Winds chit I dated November 5. Paragraphs one provides instructions that no final governmental approvals may be given to the property nor may construction on the project be started until the need for an EAW has been determined. Project construction includes any activities which directly affect the environment, including the preparation of land. There is no question that Mr. Windschitl has been specifically instructed by the State to cease any construction activity, including any grading activities. He alleged Mr. Windschitl has chosen to ignore that letter by continuing those activities, which does not show good faith. Councilmember Jacobson again asked if Mr. Windschitl would be willing to wait another two weeks to allow him to consult with his attorney and to allow the Council to obtain further information. Mr. Windschitl - stated the questions he raised about having an attorney deals with the EAW because that is a legal process. He felt he had the right to have the rezoning request acted upon tonight. In reviewing the State regulations, Councilmember Jacobson 6 . , '-) questioned if the Council has the authority to make a decision on the rezoning because an EAW has already been asked for. There is also the question of whether Mr. Windschitl's developments meet the threshold of 250 units, which mandates an EAW be prepared. Can the houses already in place be counted in the 250 units? If houses already built in Weybridge are not included, then his interpretation of the regulations is that 250 threshold has not yet been reached; but he was not sure if that is the legal interpretation. He didn't feel safe voting it up or down this evening based on the number of legal issues that are unanswered. He did not want to violate State law. Mr. Windschitl - felt this could be resolved by having Mr. Hawkins given an interpretation of whether a rezoning is a project. It is his understanding that it is not a considered a project. He felt there may be some validity of the EAW argument if they were dealing with a preliminary plat. He did not think it applied to a rezoning. He noted there are other parcels that have the R-4 zone that are not yet in the MUSA; this is not an uncommon request. Councilmember Perry stated in the other instances there weren't the kinds of concerns heard with this proposal. So she felt it was appropriate to rezone for those other areas; but in this case, she has heard and read enough that in order to satisfy that her vote will be one she can justify, she needs more information~ <) Mr. Windschitl again stated. anything dealing with the environmental issues have already been approved by the agencies that govern them via the issuance of the permits. All of these issues have already been satisfied. He again asked for the City Attorney's opinion on whether the rezoning is a project. Mr. Fuller - pointed out the regulations are the EQB will not accept a petition unless they have made a decision that there is a prima facia showing that it is a project subject to the regulations dealing with the EAW and that there is a likelihood of an environmental effect. They have made that decision by referring the matter to the City Council. Another resident stressed that there are not enough schools for the existing residents, let alone for others that would be coming into the City as a result of this development. Someone has to vote their conscience here. The residents have voted down the bond issue to build new schools. Obviously development is not what they want in the City. She didn't feel the school issue has been looked at. Councilmember Jacobson stated that falls in the category of externalities that has been forwarded to the Planning Commission. However, right now they can only operate within the existing ordinances. The resident stated in the mean time while it is being worked on, people are going to be suffering. ~J MOTION by McKelvey introducing the Resolution as stated approving the rezoning request of Ashford Development Corporation to rezone 7 .:J property located in Sections 25 and 26 from R-l, Single Family Rural to R-4, Single Family Urban. Motion dies for lack of a Second. MOTION by Jacobson, Seconded by Perry, that the Andover City Council move to deny the petition for rezon~ng for Ashford Development, the described parcel, for the following reasons: The Council is unsure that by granting a rezoning of this parcel if we would be violating State Statutes or not. The Council is concerned over the violating of the Environmental Quality Board rules and regulations. Legal counsel for the City was not able at the present time to give a definitive statement on what the rules mean to the City and how they should be addressed. There is confusion in the Council's mind over what can be counted and what the term contiguous means, what the word project means in the State regulations. ~.) There is also concern in the State regulations which apparently says that no final governmental approvals can be given to a project nor can construction on the project be started until the need for an EAW has been determined. Council has not yet determined whether an EAW is needed. In addition, the requests by the Council to the developer to extend the time period for approval in order to answer these questions have been denied by the developer, who has requested the Council act immediately at this evening's meeting. Council also recognizes that in the Comprehensive Plan that the area is ultimately designated for an R-4 zoning. Council recognizes that application has been made to the Metropolitan Council for sewer service to the area; but it has not yet been granted. But the Council also understands that the Comprehensive Plan is a guideline; and those guidelines can and have, in the past, been changed when matters have been brought to the Council's attention which need to be addressed and were not addressed in the Comprehensive Plan, and realize that it is a planning instrument only. For those reasons, and those reasons only, the petition for rezoning is turned down. , '\ ".J DISCUSSION: Councilmember Knight suggested a provision be added that the item can be reconsidered before the provision of one year expires if these issues are clarified. Attorney Hawkins explained the City can waive that provision or it can initiate the rezoning at any time. He suggested the decision for the rezoning be based on what they think is in the best interest of this property and how it should be developed. Whether or not this is a project is a planning decision. If more information is needed, ask the developer or the Staff. Councilmembers Jacobson and Perry stated the concern is the developer is not willing to waive the time frame to get those answers, and they wanted answers as to whether or not there are environmental concerns before making a decision. Attorney Hawkins felt the question on environmental effects that the development may have on the parcel are legitimate 8 :~) considerations. Councilmember Jacobson was also didn't know the answer of whether or not the City would be in violation of State law if the rezoning was granted. Councilmember Dalien suggested the item be referred to the Planning Commission rather than deny the request. By making that referral, the City then has 3D days to obtain the answers to the issues that have been raised. In the mean time, an EAW could be ordered. Councilmember Perry was concerned about the information provided that there may be some endangered plant species on that property; and if that grading is taking place on the site, it will be destroyed. Can the grading continue if the rezoning is denied or if it is sent back to the Planning Commission? Councilmember Jacobson stated Mr. Windschitl would be able to continue the grading. Mr. Windschitl clarified the information provided by the petitioners contains no documentation that there is any endangered species on the property, and he understands the petitioners have been advised of this. '-) Councilmember Jacobson then CHANGED his motion: Instead of moving to deny, move to send the issue back to the Planning and Zoning Commission for the questions and the issues that I raised in the rest of the resolution. Have them address them and return it back to us within 3D days. Councilmember Perry WITHDREW the Second. The amended motion was seconded by Knight. DISCUSSION: It was noted the item would have to be brought back to the City Council at the December 7, 1993, meeting because the second meeting in December would be beyond the 3D-day time requirement. Mr. Carlberg noted there is little time for the Planning Commission to discuss the rezoning unless a special meeting is held. Motion carried unanimously. Attorney Hawkins advised the EAW is an element of the rezoning and an issue that has been discussed. If the Council feels an EAW will assist them in making a decision on the rezoning, he felt the Council could order that this evening. MOTION by Perry, Seconded by Dalien, that the Staff be directed to prepare an Environmental Assessment Worksheet on the project known as Crown Point East and Crown Point West and return that to us for discussion at the Council meeting following the Planning and Zoning Commission discussion. (See Resolution R273-93) '\ ,__I DISCUSSION: Mr. Haas stated in the past the City has asked the developer to provide all of the information. Council was of the opinion that in this case, the EAW is to be prepared by Staff without the assistance of the developer. Mr. Windschitl - asked to follow the regulations, Subsection 6, and 9 \~ specify what is going to be considered and tell what evidence has been presented that is causing an EAW to be done. Councilmernber Perry stated the specific finding would be they want an answer as to whether or not this project falls under the provision of the 250 unit threshold. Mayor MCKelvey felt that is a condition of whether or not an EAW is mandatory, not a specific finding. ~) , "- i '- ----/ Mr. Windschitl - stated the regulations call for the petition to be denied if the evidence presented fails to demonstrate the project may have the potential for significant effects, again emphasizing the word significant. That potential has to have been provided by the petitioners. If the list of plants is to be used, he raised a trespass issue; as these items were taken from his property without permission and becomes evidence that cannot be admitted in these procedures. Councilmernber Perry stated the reason she is requesting the EAW is under Subsection 19 relating to the threshold of 250 units. From the information they have been given, it appears that has been exceeded; therefore, an EAW is required. Mr. Windschitl - argued that would be a mandatory requirement and would not be one that would be directed by the Council. The Council can request an EAW based on Subsection 6 based on evidence presented to them in the petition. If there isn't evidence, the Council must deny the petition. He stated he does not have over 250 contiguous units. There is 159 maximum units in the contiguous property. Mr. Carlberg stated it is a legal question whether the strip owned by Burlington Northern Railroad subdivides the contiguous property. That needs to be addressed. Councilmernber Jacobson felt the intent of the State law is if there is property on either side of a public road, it clearly falls under contiguous property. The railroad tracks is the same principle as it is considered a utility even though it is privately owned. Attorney Hawkins stated if the Council finds the EAW is mandatory because it falls within the 250 contiguous lot requirement, then they do not have to make a findings. The findings section applies only if the EAW is the Council's option. Mr. Windschitl - again asked for a legal opinion of contiguous property, arguing under any real estate definition it would not be considered contiguous because of the railroad tracks. Attorney Hawkins did not know, as there may be some definition in their regulations. They must look at the intent of that Statute in making sure that property is developed in a pattern next to each other. Mr. Windschitl - believed someone at the EQB has made a conscious decision already that an EAW is not mandatory, as that is not left to Council discretion. Council felt they may not have been made aware of all these items. Mr. Grorud - stated they are not a "group" opposing the rezoning as alleged by Mr. Windschitl. It is individual residents trying to do 10 ) '-/ what they can. If the EQB didn't find that the EAW is mandatory, it probably is just because they did not have all the information. He found it illogical that in addressing the environmental concerns, which is what the Statute is trying to address, that the separation of a 300-foot strip of railroad track would allow one to ignore the combined environmental effects that the two pieces of property would have on traffic congestion and the wetlands. The reason for the EAW is to determine what impact the higher density would have on the wetlands area. He didn't think the Council should assume that all of the information has been provided to the EQB by the members of the community. Mr. Windschitl - again stated all environmental water, water runoff, water quality, etc., addressed and permitted. issues dealing with have already been Councilmember Jacobson called the question. VOTE to call the question: Carried unanimously. VOTE on Motion for EAW: Carried unanimously. ,-) Mr. Windschitl - asked for a copy of the motion as soon as possible. In the event tomorrow between his attorney and the City Attorney there is a determination made .that the action was contrary to the law, what is to happen? Attorney Hawkins stated he will deal with that issue if it comes about. He suggested Mr. Windschitl's attorney call him tomorrow. ~J \ '-) solid waste compost facility or a refuse-derived fuel production facility with a capacity of 50 or more tons per day of input. F. Expansicn by at least ten percent but less than 25 percent of previous capacity of a mixed municipal solid waste disposal facility for 100.000 cubic yards or more of waste fill per year. e. For construction or expansion of a mixed municipal solid waste energy recovery facility ash landfill receiving ash from an incinerator that burns refuse-derived fuel or mixed municipal solid waste, the PCA is the Rea. Subo. 18. Sewage systems. Items A and 9 designate the Reu for the type of project listed: A. For expansion, modification, or replacement of a municipal or domestic sewage collection system resulting in an increase in design average daily flow of any part of that system by: (1) 500,000 gallons per day or more in a first or second class city and in any city served by the Metropolitan Waste Control Commission System or the Western Lake Superior Sanitary Sewer District System; (2) 100,000 gallons per day or more in a third class city not served by the Metropolitan Waste Control Commission System or the Western Lake Superior Sanitary Sewer District System; (3) 50,000 gallons per day or more in a fourth class city not served by the Metropolitan Waste Control Commission System or the Western Lake Superior Sanitary Sewer District System; or : ) (4) 50.000 gallons per day or more in an unincorporated sewered area, the PCA shall be the RGU. , I I ! 8. Fo~ expansion or reconstruction of an existing municipal or dcmestic wastewater treatment facility which results in an increase of 50 percent or more of its average wet weather design flow capacity, or construction of a new municipal or domes~ic wastewater treat~ent facility with an average wet weather design flow capacity of 50,000 gallons per day or more, the PCA shall be the Rea. ~t1lJsUbP' 19. Residential development. An EAW is required for r~dential development if the total number of units that may ultimately be de':eloped on a.ll contiguous land OImlfaor unaer an option to purchase by 'the proposer.- and that is zoned for residential development or is identified for residential development by an applicable comprehensive plan, equals or exceeds a threshold of this subpart. In counting the total number of ultimate units, the RGU shall include the number of units in any plans of the proposer; for land for which the proposer has not yet prepared plans, the Rea shall use as the number of units the product of the number of acres multiplied by the maximum number of units per acre allowable under the applicable zoning ordinance. If the total project requires review but future phases are uncertain, the RGU may review the ultimate project sequentially in accordance with part 4410.1000, subpart 4. If a project consists of mixed unattached and attached units, an EAW must be prepared if the sum of the quotient obtained by dividing the number of unattached units by the applicable unattached unit threshold of item A or a, plus the quotient obtained by dividing the number of attached units by the applicable attached unit threshold of item A or a, equals or exceeds one. Items A and a designate the RGO for the type of , \ , ---' 47 _'_'_n___._.__..__ ;~ . . . . . . .. . . . . . . . . . . '. . ::.... .~ . : ..::::. . . . . . . . . . 0-. i , ! :~ <J project listed. A. The local gover~me~tal unit is the RGU Eor ccnstruction of a per~anent or potentially permanent residential development 01=. (1) 50 or more unattached or 75 or more attached units in an unsewered unincoroorated area or 100 unattached units or 150 attached units in a sewered unincorporated area: (2) 100 unattached units or 150 attached units in a city that does not meet the conditions of subitem (4); (3) 100 unattached units or 150 attached units in a city meeting the conditions of subitem (4) if the project is not consistent with the adopted comprehensive plan; or *~ (4) 250 unattached units or 375 attached units in a city within the seven-county Twin Cities metropolitan area that has adopted a comprehensive plan under Minnesota Statutes, section 473.859, or in a city not located within the seven-county Twin Cities metropolitan area that has filed with the EQB chair a certification that it has adopted a comprehensive plan containing the following elements: (i) a land use plan designating the existing and proposed location. intensity, and extent of use of land and water for residential, industrial, agricultural, and other public and private purposes: (ii) a transportation plan describing, designating, and scheduling the location, extent, function, and capacity of existing and proposed local public and private transportation facilities a~d services; (iii) a sewage collection system policy plan describing, deSignating, and scheduling the areas to be served by the public system, the existing and planned capacities of the public system, and the standards and conditions under which the installation of private sewage treatment systems will be permitted; facilities; and (iv) a capital improvements plan for public (v) an implementation plan describing public programs, fiscal devices, and other actions to be undertaken to ireplement the comprehensive plan, and a description of official controls addressing the matters of zoning, subdivision, private sewage systems, and a schedule for the implementation of those controls. The EQB chair may specify the form to be used for maki~g a certification under this subitem. B. For construction of a permanent or potentially permanent residential development of 20 or more unattached units or of 30 or more attached units, if the local governmental unit has not adopted approved water-related land use management district ordinar.ces or plans, as appiicable, and either, the project involves riparian front3ge or five or more acres of the development is within a water-related land use manage~ent district, the local government unit shall be the RGU. However, this :te~ on~y applies to shorela~d areas, floodplains, and state wild and scenic rivers land use districts if the local governmental unit has received official notice from the Department of Natural Resources that it must adopt applicable land use management district ordir.ar.ces within a specified period of time. Subp. 20. Recreational development. For construction of a seasonal or permanent recreational development, accessible by ve~icle, consisting of 50 or more sites, the local government 48 ..---- -.--- unit runwa to pe three the D< RGU f, one m~ the DC existi local to a c govern S expans port a S to C d indust averag of ei t, acres ( the DN; water shall be the So expansi of 20.0 surface waterer Su channel of ten exempte governm Su, designa COl.!rse, protect drained 105.391 RGU. " course, or more excludi: within, '\ \J proposed project that may affect the ootential for significant adverse environmental effects, a new EAW is required. MS s 1160.04; 1160.045 13 SR 1437 4410.1100 PETITION PROCESS. Subpart 1. Petition. Any person may request the preparation of an EAW on a project by filing a petition that contains the signatures and mailing addresses of at least 25 individuals. Subp. 2. Content. The petition shall also include: A. a description of the proposed project; B. the proposer of the project; C. the name, address. and telephone number of the representative of the petitioners: D. a brief description of the potential environmental effects which may result from the project; and E. material evidence indicating that. because of the nature or location. of the proposed project. there may be potential for significant environmental effects. Subp. 3. Filing of petition. The petition shall be filed with the EQB :or a determination of the RGU. the the Subp. 4. Notice to proposer. proposer in writing at the time EQB. The petitioners shall notify they file a petition with I i I n I I , ~~) Subp. 5. Determination of RGO. The EQB's chair or designee shall determine whether the petition complies with the requirements of subparts 1 and 2. If the petition complies, the chair or designee shall designate an RGU pursuant to part 4410.0500 and forward the oetition to the RGU within five days of receipt of the petition: (;!iJ~ Subp. 6. EAW decision. The RGU shall order the preparation of an EAW if the evidence presented by the petitioners, proposers, and other persons or otherwise known to the RGU demonstrates that. because of the nature or location of the proposed project, the project may have the potential for significant environmental effects. The RGU shall deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. The RGU shall maintain. either as a separate document or contained within the records of the RGU, a record. including specific findings of fact. of its decision on the need for an EAW. Subo. 7. Time limits. The RGU has 15 days from the date of the receipt of the petition to decide on the need for an EAW. If the decision must be made by a board, council, or other body which meets only oooa periodic basis, the time period may be extended by the RGU for an additional 15 days. For all other RGU's. the EQB's chair shall extend the IS-day period by not more than 15 additional days upon request of the RGU. Subp. 8. Notice of decision. Within five days of its decision the RGU shall notify. in writing, the proposer. the EQB 15 ~J <) requires the preparation of an EIS. Subp. 62. Potentially permanent. "Potentially permanent" means a dwelling for human habitation that is permanently affixed to the ground or commonly used as a place of residence. It includes houses, seasonal and year round cabins, and mobile homes. Subp. 63. preparation notice. "Preparation notice" means a written notice issued by the RGU stating that an EIS will be prepared for a proposed project. Subp. 64. Processing. "Processing," as used in parts 4410.4300. subpart 16, items Band C, and 4410.4400, subpart 12, item C, has the meaning given in Minnesota Statutes, section 11sA.03, subdivision 25. @ ~ Subp. 65. Project. "Project" means a governmental action, dle results of which would cause physical manipulation of the environment, directly or indirectly. The determination of whether a project requires environmental documents shall be made by reference to the physical activity to be undertaken and not to the governmental process of approving the project. Subp. 66. (Repealed, 13 SR 14371 Subp. 67. Project Riverbend plan. "Project Riverbend plan" means the comprehensive land use plan of the project Riverbend Board established pursuant to Laws of Minnesota 1982, chapter 627. (J Subp. 68. Proposer. "proposer" means the person or governmental unit that proposes to undertake or to direct others to undertake a project. Subp. 69. Protected waters. "protected waters" has the meaning given public waters in Minnesota Statutes, section 105.37, subdivision 14. .Subp. 70. Protected wetland. "Protected wetland" has the meaning given wetland in Minnesota Statutes, section 105.37, subdivision 15. Subp. 70a. PUC. "PUC" means the Minnesota public Utilities Commission. Subp. 71. Recreational development. "Recreational development" means facilities for temporary residence while in pursuit of leisure activities. Recreational development includes, but is not limited to, recreational vehicle parks, rental or owned campgrounds, and condominium campgrounds. Subp. 71a. Refuse-derived fuel. "Refuse-derived fuel" means the product resulting from techniques or processes used to prepare solid waste by shredding, sorting, or compacting for use as an energy source. Subp. 72. [Repealed, IJ SR 14371 Subp. 73. Resource recovery. "Resource recovery" has the meaning given in Minnesota Statutes, section IISA.OJ, subdivision 27. Subp. 74. [Repealed, 13 SR 14371 Subp. 75. Responsible governmental unit. "Responsible governmental unit" means the governmental unit that is responsible for preparation and review of environmental documents. ~) Subp. 76. RGU. "RGU" means responsible governmental unit. 8 --- S " natura I pursua ~ given 5 meanir. ~ systerr was te\-; 5 faciL centr, metrc~ devel; parts Resou ordir. shore State: carom':" or 61 giver. enter prest or ar race: for . zool< mean Minn subp Regu mean refe gene proS' docL mear sub<. mea: as War _.~..-.. .... --. ~-_. .' , ':~ 71J ?U/lIAJ11t/ 6- 91 CO/UIN6-: jf..Iov /1 thIS Is a... cO~J of a jeller T 5P#f- -fh1.5 v..;ee ~ ~j -fo --!he f11,rr QN a: nE~3'VED ~ NaV 19 1993 CITY OF ANDOVER ~ {' CTrt') ~/l/chJ 7t qloJ io ~ .." !J>>. also s",(.~ -!he ",-e 20<</ / J~ ~tl.s -/zt. hJecl C(,vcl ~ be. Se--vi- kck...... 10 jOUr,;rtMf'- ~ J -/eel rr /S exfrernj' ~ 57} A fc? ~ of fl)c;/V;U)J ~ Q,vd Z()IUIJ -Ib re corn~C"V'd ~ '" -..;11/$ Pf?} f?C+ k a!Jo0ed -Iv f) proceed ()f1Jy I::eca,-(s~;-f /s (Q pDSS / b Ie J IAYfh ov...-j- address /.'I.IJ ~ CI'V j of --!he. PI'-O b blVl .s ,+ ~ (.,1,)1 II cr-cocrfe, P/~ase... cc;V5/ckI' ~ my ohJecf; ()/!i5 ~ '--(Ju~k. Yu~ Ul-)2 (OvNO' / _ 5),0(-1- , " '-J r <.J '-) ') ,....... Nov. 17, 1993 950, 146th Lane NW Andover, MN 55~4 ~C€I'V.€l} To the Mayor of Andover and the City Council Members: Since I was not given any opportunity to speak at t~yNOV 19 m93 regular city council meeting I attended November 16th, I am OI-I1/VUO\ltR writing to each of you to voice my specific objections to the rezoning which was discussed at some length at this and other council meetings. I live at 950 146th Lane NW. Iean see plainly what is going on at the parcel being discussed from my dining room window. While what Mr. Wintchel is doing may be legal it is certianly more than "grading". He has moved thousands of tons of earth and is building a road. Please drive by the sight and see for yourself. Mr. Wintchel demonstrated at the Nov. 16th city council meeting he is clearly an expert at having things both ways. Example 1: Mr. Wintchel gets the type of permits a farmer would, to enable a farmer to access a property for the purpose of farming based on the parcels R-1 status. But then he uses this permission to change the topography of the land in a major way in effect starting the project with no city approval. Example 2: While Mr. Wintchel seeks to have the property rezoned based on its' adjacentness to other R-4 parcels, he then denies the properties are contiguous and claims they should not be subjected to an environmental Unpact worksheet. Example 3: Mr. Wintchel demands of the council prove~ the need for an environmental worksheet, but is unwilling to provide any sort of proof that the rezoning he is requesting is necessary, appropriate, or beneficial. ( con. ) ':~ ~j ~.J page 2 Example 4: Mr. Wintchel claims there can be no specific discussion of the project because there is no project,only a request for rezoning, but consistent with his desire to have things both ways he argues the city should be aware of his int~tions since he filed a plan in August. The truth of the matter is Mr. Wintchel should not be granted the rezoning he is requesting, because he has not shown any need for it, or benefit from it, except a monetary one for himself. If the city wishes to change the zoning on this piece of property, shouldn't it be because it offers some advan- tage to either the city or the citizens? Mr. Wintchel's request only benefits him. Why should the city cater to this one man, and ignore the rights and wishes of the community as a whole? It isn't that he couldn't develope and sell this land as R-1, he just doesn't want to. I want to encourage you to do the right thing for the city and its residents by not letting this slick business man ~ push you around. ---Make him show there won't be traffic problems. --Make him show how their will be room for fifty more families' children in our already filled school. --Make him show his proposal is appropriate to the sight. --Make him demonstrate how a single road servicing fifty homes corning out 100 feet from an often blocked railroad crossing is a sound idea. --Make him show he has not started the project already without your approval. Since Mr. Wintchel claims he has only done some grading and has not started work on a developement, and that in fact no project exists, it should not inconvenience him too much when his request for rezoning is denied. Please protect the interests of the many who make Andover their home, who do not support this change, rather than the desire of this one person to make as much money as possible with no consideration whatsoever for anyone else! Common sense de- mands that the property in question is most appropriately zoned R-1 and be developed that way. Sincerely, ~.d{;:~ :~ CITY OF ANDOVER REQUEST FOR COUNCIL AcrION DATE December 7, 1993 AGENDA SECTION Na Discussion Item ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Rezoning - Crown Pointe and Crown pointe East R-1 to R-4 Ashford Development Corp. .3. Planning ~ BY: David L. carlberg City planner REQUEST The Andover City Council tabled this item at the November 16, 1993 meeting and referred the item back to the Planning and zoning Commission for further review of the EAW requirements. The Council reviewed those requirements on the previous item. The Council is asked to review the request of Ashford development corporation, Inc. to rezone from R-1, Single Family Rural to R-4, single Family Urban the property legally described on the attached '......., resolution. RECOMMENDATION The Planning and zoning Commission, at their September 14, 1993 meeting, made the motion to recommend to the City Council approval of the rezoning. Attached are the minutes for Council review. Attached is a resolution for Council review and approval. NOTE: The Council must make deny the rezoning request as 16, 1993. The decision must fact. a decision on whether to approve or the review period expires December also be supported with findings of MOTION BY: SECOND BY: , " .....J TO: :,) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REZONING REQUEST OF ASHFORD DEVELOPMENT CORPORATION, INC. TO REZONE PROPERTY LOCATED IN SECTIONS 25 AND 26, LEGALLY DESCRIBED BELOW FROM R-1, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN. WHEREAS, Ashford Development Corporation, Inc. has requested a rezoning from R-1, Single Family Rural to R-4, Single Family Urban on the property legally described on the attached Exhibit A. WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03(B) and that there is no substantial negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands; there will be no negative effects on the values of property and scenic view in the surrounding area; and . '\ '.j WHEREAS, the Plan~ing and zoning Commission finds that the request is in compliance with Ordinance No.8, Section 5.02; and WHEREAS, a public hearing was held and there was much sincere well spoken and well documented opposition to said rezoning especially in regard to management of the wetlands; and WHEREAS, the Planning and zoning Commission recommends the City Council approval of the rezoning request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission and hereby approves the rezoning of the property legally described on Exhibit A from R-1, Single Family Rural to R-4, Single Family Urban. Adopted by the City Council of the City of Andover on this 5th day of October, 1993. CITY OF ANDOVER J. E. McKelvey, Mayor ATTEST Victoria Volk, City Clerk . \ '------') , ~ 'J EXHIBIT A LEGAL DESCRIPTION All that part of the Southeast Quarter of Section 26, Township 32, Range 24, lying Easterly of the Great Northern Railway Company right-of-way, Anoka County, Minnesota AND That part of the south 689.24 feet as measured along the west line thereof, of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, lying westerly of the centerline of prairie Road as now laid out and traveled. Except that part described as follows: That part of the south 340.00 feet, as measured at right angles, of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, lying east of the west 855.56 feet, thereof, as measured at right angles, and lying westerly of the centerline of prairie Road as now laid out and traveled. -~ ~J , , 'J :J Page 7 A public hearing was held. There was some opposition to the plat, largely regarding the ecological aspects of it. Discussion: to the city is provided Commission. Todd Haas noted that the Water Resources Plan is new and we have to make sure that all of the information prior to the time th~ plat comes to the planning vote on Motion: 5 yes (Dehn, Peek, Squires, Putnam, Apel), 1 no (Jovanovich) vote. Motion carried. Commissioner Jovanovich stated that she voted no as she would like to see further ecological studies done on the property. Recess '10:20 - Reconvene 10:25. (i) Public Hearing/Rezoning/Ashford Development Corporation Mr. carlberg reviewed the rezoning request from R-1 to R-4, noting that a portion of the property is Crown Pointe. The property will be served by sanitary sewer and water. The Comprehensive plan shows this property to be in the 1990-1995 time period. If the Metropolitan Council denies our request to include this property in the Metropolitan Servige Area, then the property will have to be developed into 2.5 acre lots. An Environmental Assessment worksheet is required on developments exceeding 250 unattached units; therefore, this plat would not require an EAW. The city has not required discretionary EAWs. , '\ ,~ At this time, Chairperson Dehn opened the public hearing. Jerr windschitl, Ashford Develo ment Corooration stated that the reasons or t e rezoning request are t at 1t 1S 1n conformance with the Comprehensive plan, it is consistent with the sewer plan and the property is bordered by R-4 zoning with sewer and water. Richard Fuller, 13948 prairie Road addressed staff's comments about EAWs. It's a great way to see to it that bodies like this never take a global view that you never study all of the environmental impacts that any given project might have. Mr. Fuller indicated that an EAW will never have to be done if the city continues to rezone and plat properties that are no more than 160 units at a time. He stated that this is a fine example of what is wrong with our planning; we allow it to be taken out a piece at a time and we never get around to looking at what the overall impact is going to be. Mark Menth, 14122 prairie Road stated that his first home in Andover was on Hanson and Andover Boulevards. At that time he was told it would be 8 to 10 years before development and they put in Old Colony Estates. When he purchased his present home he was told it would be 8 to 10 years before development or rezoning would take place. It is a year later and they are talking about rezoning. He felt that the city should re-evaluate the Comprehensive Plan as we are deteriorating the community by putting these developments in. He felt that the city should listen to the people who have lived here for a long time and not the people who are moving into areas like Old Colony because they can purchase cheap lots. Mr. Menth stated that he is opposed to the rezoning. '\ 'oJ . \ '-J Regular Planning Commission Meeting September 14, 1993 - Minutes Page 8 (Rezoning, Cont.) Dave Carlberg took exception to the comments that the city doesn't plan. At the time Mr. Menth called him, 8-10 years before development was the truth. TKDA prepared a study for the city showing the properties that the Metropolitan Waste Control Commission said can be served by sanitary sewer and the number of gallons per day we can generate and the we can cover. Mr. Carlberg took offense to the people saying that we don't plan, as that is his job and he feels we do a good job of it. Chairperson Dehn noted that the city has progressively tried to plan for population changes and it's very difficult for Dave to do his job to everyone's satisfaction. She also noted that the Commission is only an advisory board and the City Council makes the final decision. Those people here tonight are welcome to attend the City Council meeting to voice their opposition. Lynn Chaffee, 614 Andover Boulevard felt that the city is looking out more for people who are movlng into Andover than those people who already live here. She was opposed to the fact that the parks are not improved so that the hundreds of children moving here have a place to play. '\ \.--.-/ Tom Chouinard, 14123 Prairie Road doesn't mind development as long as it's two and a half acre lots. He moved out here for the peace and quiet. He felt that everyone on the Commission, except for maybe Bev Jovanovich, is for development. He would like to see the EAW done and asked why the Planning Commission is afraid to rquest it. Mr. Chouinard further stated that they all have horses and farms and questioned where they are going to take their horses once this property is developed. The City is going to force them out because they won't be able to pay the assessments when sewer and water come in. Jerry Windschitl noted that the parcel above his has requested sewer and water also and there is nothing he is doing to force sewer and water assessments on Mr. Chouinard or anyone else in the area. Carol Hofstad, 684 Andover Boulevard stated that her main concern is the ditches and where the water will end up. Ed Gritton, 14157 prairie Road explained that he has horses and is concerned with the liabillty lf children from the new developments get onto his property and get injured by one of his horses. He asked who the Planning Commission represents. Commissioner Apel noted that as a member of the Planning Commission all he can look at is if the applicant meets the ordinances. He stated that he worked on the Comprehensive plan and if he were to go back on this now, he would not be true to himself. '\ '-~) Pat Schroeder, 720 Andover Boulevard asked if by allowing this to be rezoned now, will the wetland legislation going into effect in January apply. Mr. Carlberg noted that the wetland legislation applies to plats, not rezonings. Ms. Schroeder asked that the Planning Commission deny the rezoning. :J Regular Planning Commission Meeting September 14, 1993 - Minutes Page 9 Dave Grorud, 14545 Palm Street N.W. asked why the Planning Comm~ss~on feels compelled to make a decision on this now without a preliminary plat. He felt that the railroad tracks would be a natural barrier between the R-I and R-4 districts. He also recommended that the rezoning be denied. Dave Erickson, 745 - 140th Lane N.W.-opposed to the rezoning. MOTION by Squires, seconded by Apel to close the public hearing. Motion carried unanimously. Commissioner Squires stated that it would be nice things the way they are but it is not reasonable. doing its best to grow in an orderly fashion. to keep The city is Commissioner Putnam noted that if we didn't care, we would not be here. Commissioner Jovanovich said that she would vote to keep this property R-1. .) Commissioner Peek stated that the driving force behind the Comprehensive Plan was not development only. The purpose of the Comprehensive Plan was to manage the growth in the most reasonable way possible. Chairperson Dehn noted that she will abstain from voting. She feels that the city should be planned in an organized manner. MOTION by Apel, seconded by Peek that the Andover Planning and Zoning Commission recommend to the City Council approval of the rezoning request of Ashford Development Corporation, Inc. to rezone property located in Sections 25 and 26 from R-I, single family rural to R-4, single family urban. Whereas the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.03(3) and that there is no substantial negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands; there will be no negative effects on the values of property and scenic views in the surrounding area. The Planning and Zoning Commission finds that the request is in compliance with Ordinance No.8, Section 5.02. A public hearing was held and there was much sincere well spoken and well documented opposition to said rezoning especially in regard to management of the wetlands. It would be advised, however, for the City Council and Planning and zoning Commission to review their previous policies and perhaps in light of the new legislation in the past year 1992, i.e., Tree Ordinance and water control legislation, to take a harder look at what we're doing in our planning and rezoning. Motion carried on a 4 yes (Peek, Putnam, Apel, Squires), I no (Jovanovich), I abstain (Dehn) vote. This will go to the City Council on October 5, 1993. ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTME~ APPROVED Andover Review Committe FOR AGENDA Discussion Item ITEM t\O. Crown pointe East Sketch Plan B~ 4. The City Council is requested to review the proposed sketch plan of Crown Pointe East as presented by Ashford Development. The Andover Review Committee (ARC) has reviewed the sketch plan and their comments are as follows: General Comments '- * The proposed sketch plan is located in an R-1 Single Family Rural Zoning District with a minimum lot size of 108,900 square feet. The developer is proposing to rezone to a R-4 Single Family Urban Zoning District. Minimum width is 80 feet except corner lots are either 90 or 100 feet minimum and minimum depth for all lots is 130 feet. * All lots will require to meet Ordinance 10, Section 9.06 a(l) which relates to lot size requirements. The property is not located within the MUSA area. In addition, the front 100 feet of the lot shall be buildable which is a standard the City has been using for sewer and water lots. * The Water Resource Management Plan which was recently updated and approved by the Andover City Council, Coon Creek Watershed District and the Lower Rum River WMO is to be implemented with the development. * The 100 year pond elevation will be required to be identified on the pr~liminary plat. In addition, drainage and utility easements are required for the 100 year flood elevations. CONTINUED MOTION BY: SECOND BY: ) TO: * The developer and/or owner is responsible to obtain all , ) necessary permits (DNR, u.s. Army Corps of Engineers, Coon ,~, Creek Watershed District, MPCA, LGU and any other agency which may be interested in the site). Initial contact should be made with the City regarding this item. * There may be wetlands within the plan that must be delineated by agencies and indicated on the preliminary plat. The Local Government Unit is the Coon Creek watershed District. The developer shall contact the Watershed to discuss the 1991 Wetland Conservation Act that is in effect. * The developer is required to meet City Ordinance 8 and 10 and all applicable ordinances. Remember: This has not been studied by staff in detail as most of the detail will be reviewed with the preliminary plat. Park and Recreation Commission Comments The Commission will be reviewing the sketch plan at their December 2, 1993 regular meeting. Other Comments or Concerns from the Andover Review Committee "- 'J 1. The Fire and Sheriff's Departments are concerned with emergency vehicle access to the site. It is their recommendation that Crown pointe and Crown pointe East have a street connection which will eliminate the access problems that Crown Pointe is having. 2. Quince Street NW north of 143rd Avenue NW exceeds the maximum which is 500 feet. See Ordinance 10, Section 9.03 G. 3. Concerned with the area north of Coon Creek that has not been included in either the proposed Crown pointe and Crown pointe East developments. 4. Must have 50 feet of tangent between reverse curves. See Ordinance 10, Section 9.03 o. 5. The Floodway and Flood Fringe Districts shall be identified on the preliminary plat. Planning and zoning Commission Comments The Commission agrees with the comments and concerns expressed by the Andover Review Committee. The Commission is recommending that Item 1 from the ARC comments be discussed in more detail by the City Council as the developer is currently preparing the preliminary plat of Crown Pointe. , ') ',_/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ~/ DATE December 7, 1993 AGENDA r-D. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM r-D. Special Use Permit Home Occupation 17528 Flintwood St. NW Tim Dugas Planning ~ David L. Carlberg City Planner BY: ni- '"n Tt-pmc:: 5. REQUEST The City Council is asked to review the Special Use Permit request of Tim Dugas to operate a home occupation (cabinet making business) in an accessory structure on the property located at 17528 Flintwood Street NW (PIN 01-32-24-42-0008). APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit Process. " '-~ Ordinance No.8, Section 4.30, requires a Special Use Permit for any home occupation that is located in an accessory structure. Consult the attached staff report presented to the Planning and zoning Commission on November 9, 1993 for further background information. In granting a Special Us~ Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Planning & zoning Review & Recommendation The Planning and zoning Commission, at their November 9, 1993 meeting, recommended approval of the Special Use Permit with conditions. Attached for your review are the minutes from the meeting which reflect those concerns and conditions. Attached is a proposed resolution for your review and adoption. MOTION BY: SECOND BY: ~-) TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R " '-../ A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF TIM DUGAS TO OPERATE A HOME OCCUPATION (CABINET MAKING BUSINESS) IN AN ACCESSORY STRUCTURE ON THE PROPERTY LOCATED AT 17528 FLINTWOOD STREET NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Tim Dugas has requested a Special Use Permit to operate a home occupation (cabinet making business) in an accessory structure as specified in Ordinance No.8, Section 4.30, on the property located at 17528 Flintwood Street NW, 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 4.30 and 5.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, the use is consistent with the Comprehensive Plan and is determined to be an allowed use. WHEREAS, there is no impact on governmental facilities and services. " ....-.J WHEREAS, the use should have no negative effects on the sensitive environmental features. 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 & zoning Commission to allow Tim Dugas to operate a home occupation (cabinet making business) in an accessory structure on said property with the following conditions: 1. The size of the lot shall be three acres or larger. 2. The specific location and size of the structure and/or outside storage area shall be as allowed by the City. 3. The combined square footage of the accessory structure and outside storage area shall not exceed 800 square feet, with the partition to be built to meet City code as determined by the Building Department. , , , ) ~ Page Two Dugas - special Use Permit 17528 Flintwood Street NW December 7, 1993 ') '..J 4. Setbacks of the accessory structure and/or outside storage area shall be of a magnitude found necessary by the City, but in no case shall it be less than a 100 foot front yard setback, thirty (30') foot sideyard setback and a 50 foot rear yard setback or as required in section 6.02. 5. The outside storage area and all vehicles, materials and equipment being stored there shall be fenced, landscaped and screened in such a manner as to prevent it from being visible at any time of the year from road rights-of-way, public properties and surrounding properties. 6. The number of employees shall be limited to one person on site in addition to family members. 7. On-site sales shall be prohibited, except those clearly incidental to services provided in the accessory structure. 8. Vehicles associated with the home occupation shall be limited to 'one (1) vehicle on the premises and as set out in Section 8.08 of Ordinance No.8. :~ 9. Unusual parking and traffic patterns shall not be created, which are not normally found in the neighborhood, and in no case, shall the need for more than three (3) additional vehicles be created on the property. 10. Signs shall be regulated as set out in Section 8.07 of Ordinance No.8. 11. The Special Use permit be subject to a one (1) year sunset clause as defined in Ordinance No.8, Section 5.03 (D) . 12. The City may at any time inspect the home occupation and revoke the Special Use Permit if the applicant is not adhering to the permit and the conditions of the permit. 13. The hours of operation shall be between 8 a.m. to 4:30 p.m., Monday through Friday. Adopted by the City Council of the City of Andover on this 7th day of December, 1993. CITY OF ANDOVER ATTEST: J. E. MCKelvey, Mayor <J Victoria Volk, City Clerk EXHIBIT A , " , 'J That part of the Northwest Quarter of the Southeast Quarter lying southerly of the northerly 980.00 feet thereof and westerly of the following described line, commencing at the Northwest Corner of said Northwest Quarter of the Southeast Quarter, thence south 87 degrees 25 minutes 39 seconds east (assumed bearing) along the north line of said Northwest Quarter of the Southeast Quarter, 698.25 feet to the actual point of beginning, thence south 01 degrees 02 minutes 46 seconds west parallel with the west line of said Northwest Quarter of the Southeast Quarter 399.12 feet, thence on a tangential curve, concave to the west, having a central angle of 07 degrees 43 minutes 22 seconds and a radius of 1514.57 feet 204.15 feet, thence south 08 degrees 46 minutes 08 seconds west tangent to the last described curve, 248.39 feet, thence on a tangential curve to the east, having a central angle of 18 degrees 35 minutes 44 seconds and a radius of 791.61 feet 256.91 feet, thence south 09 degrees 49 minutes 36 seconds east, tangent to the last described curve 101.91 feet, thence on a tangential curve, concave to the west, having a central angle of 12 degrees 30 minutes 35 seconds and a radius of 504.54 feet, 110.16 feet +or- to the south line of said Northwest Quarter of the Southeast Quarter and there terminating; Except Roads: Subject to Easements of Record. '\ 'J "- ,.-J "- \ o :.J (J) , ') .~ ~ CITY of ANDOVER > PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 9, 1993 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Bonnie Dehn on November 9, 1993, 7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Commissioners absent: Also present: Bev Jovanovich, Becky Pease, Randy Peek, Jerry Putnam, Jay Squires Maynard Apel City Planner, David Carlberg Others APPROVAL OF MINUTES October 26, 1993: Page 3, First paragraph, Last sentence, "The ordinance was changed in July, 1983, to reflect the three-acre minimum size requirement for the construction of pole buildings, " MOTION by Peek, Seconded by Jovanovich, approval of the October 25 Minutes as amended. Motion carried on a 6-Yes, 1-Absent (Apel) vote. VARIANCE CONTINUED: ACREAGE REQUIREMENT AND EXTERIOR FINISH FOR POLE BUILDING - 16551 FLINTWOOD STREET NW, LARRY CARLSON Mr. Carlberg recommended the item be tabled. The applicant met with the Building Official last Friday, and he wanted time to consider his options. Mr. Carlberg recommended the item be tabled to the November 23 meeting. MOTION by Peek, Seconded by Putnam, to table the variance request as suggested by Staff. Motion carried on a 5-Yes, 1-Absent (Apel) vote. PUBLIC HEARING: SPECIAL USE PERMIT - HOME OCCUPATION IN AN ACCESSORY STRUCTURE, 17528 FLINTWOOD STREET NW, TIM DUGAS 7:35 P.M. Mr. Carlberg reviewed the request of Tim Dugas for a Special Use Permit to operate a cabinet making business as a home occupation to be conducted in an accessory structure at 17528 Flintwood Street m~, which i3 a five-acre parcel. He also reviewed the applicable ordinances, noting the only concern of the Staff is the noise factor in a residential area. A similar use was approved in April, 1993, for a molding operation. Based on that, Staff is recommending approval. There was some discussion on Ordinance 8, Section 4.30 which defines home occupation uses. Commissioner Squires was uncomfortable with the catch-all phrase, "and similar uses" under which this use is being Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1993 Page 2 , '\ .J (Public Hearing: Special Use Permit, 17528 Flintwood, Continued) categorized. If these types of uses are considered acceptable uses for home occupations, and he felt they were, then the ordinance should be amended to specifically include them. He thought Coon Rapids had a provision that specifically allowed these types of uses and suggested that be researched. Mr. Carlberg stated the Planning Commission has been directed to look at the Home Occupation Ordinance, and this can be specifically reviewed at that time. The hearing was opened for public testimony. Tim Duoas. 17528 Flintwood Street - stated he will be the sole employee initially. At some point it may be necessary to hire one more person, but that would be the maximum to eliminate a lot of traffic. The structure will be insulated and the doors and windows kept closed to minimize the noise. He does not use much loud machinery. Mr. Dugas stated he petitioned the neighbors around him, all who signed a waiver saying they understand and agree with what he is proposing. He presented that petition to the Commission. Mr. Dugas also explained the location of his house,and accessory building in relation to the other homes in the neighborhood. The closest home is more than 300 feet away. He plans to work only during the day time hours, and most neighbors are not home at that time. He agreed with the 8 a.m. to 4:30 p.m., Monday through Friday, hours of operation. :~ Mr. Dugas also explained there will be very little traffic, as he will be picking up materials and delivering product himself. There would be no on-site sales. If there would be any traffic, it would come from CoRd 58 to the north and would pass only two other houses before his place. The addition to his accessory structure for this business would be 800 square feet, and the existing wall would be the partition between the business and the personal storage building. It will be heated with natural gas. He plans on using nonflammable pastes and glues. The Commission questioned whether the accessory building meets the 30~ foot sideyard setback, as that is not mentioned in the proposed resolution. Mr. Carlberg stated the setback requirements are met, and that should be added to the fourth condition. The following changes to the prepared resolution were agreed to: Item 4, "...lOO-foot fron~ yard setback, a 50-foot rear yard set~ack, and a 30-foot side yard setback or as required in Section 6.02." Item 13, "The hours of operation shall be between 8 a.m. to 4:30 p.m., Monday through Friday." There being no further public testimony, Chairperson Dehn asked for a motion to close the public hearing. " \ ) ....... MOTION by Pease, Seconded by Jovanovich, to so move. Motion carried on a 6-Yes, 1-Absent (Apel) vote. MOTION by Squires, Seconded by Jovanovich, that the request be recommended for approval to the City Council under the phrase, "similar uses" as similar to repair services, with the noted changes. Motion carried on a 6-Yes, l-Absent (Apel) vote. The item will be placed on the December 7, 1993, City Council agenda. 7:52 p.m. t '\ ~~ November 1, 1993 TO: Andover city council and Planning commission SUBJECT: SPECIAL USE PERMIT CONSIDERATION FOR TIM & DEB DUGAS AT 17528 FLINTWOOD STREET To whom it may concern I will not be able to attend the public hearing on November 9, 1993 where a Special Use Permit will be under consideration for Tim & Deb Dugas who reside at 17528 Flintwood Street NW, Andover. I would like for my signature on this letter to serve as notification to you that we are aware of the home occupation that Tim & Deb have hopes to operate and have had details explained to us by them. We see no negative effect to our community with any of their plans and would be in favor of them being granted a special Use Permit. Below you will find my signature and phone number. Please feel free to call if you have any questions for me. sincerely, ~J signature Printed Name Phone Number : ,'" /L-," :: <'} l,.:., .-' -'" ," .( '-'-" fZJ 7f( ,11 d..,.~ 0(,--e f 6d v~ c;3Y- C;o'1o I ..j. ., ~', , ." r, --./... \ ,~ .;;.... /'1 . 1 I A...(-' {' \ "':.~4_ '3 ~ bO .~ ~ (K c!~~ R':"7 R L-...""., Lj ., '1-5"-' Ii " ) '--" " I '.J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATENovember 9. 1993 AGENDA ITEM 4. Public Hearing Special Use Permit Home Occupation 17528 Flintwood st. ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning B~ David L. Carlberg BY:Ci tv Planner REQUEST The Andover Planning and Zoning Commission is asked to review the Special Use Permit requested by Tim Dugas to operate a cabinet making business as a home occupation to be conducted in an accessory structure on the property located at 17528 Flintwood Street NW (PIN 01-32-24-42-0008), legally described on the attached resolution. The property is zoned R-1, Single Family Rural and is five acres in size. APPLICABLE ORDINANCES '-J Ordinance No.8, Section 4.30 defines home occupation uses, including, "office uses, repair services, photo or art studio, dressmaking, or teaching limited to three (3) students at anyone time and similar uses". " Ordinance No.8, Section 3.02 defines repair services as, "Repair and/or servicing of such items as musical, scientific and medical instruments, photographic equipment, jewelry, watches, clocks, small household appliances, office machines, shoes and clothes, and similar uses". Ordinance No.8, Section 4.30, Home occupations, requires a Special Use Permit for any home occupation that is located in an accessory structure and/or that requires exterior storage. These home occupations shall be subject to the following conditions: 1. The size of the lot shall be 3 acres or larger. 2. The specific location and size of the structure and/or outside storage area shall be as allowed by the City. 3. The combined square footage of the accessory structure and outside storage area shall not exceed 800 square feet. 4. Setbacks of the accessory structure and/or outside storage area shall be of a magnitude found necessary by the City, but in no case shall it be less than a one hundred (100') foot front yard setback, thirty (30)' foot sideyard setback and a fifty (50') foot rear yard setback or as required in Section r '\ 6.02. \.J Page Two SUP - Home Occupation Tim Dugas - 17528 Flintwood Street NW - ~ November 9, 1993 'J 5. The outside storage area and all vehicles, materials and equipment being stored there shall be fenced, landscaped and screened in such a manner as to prevent it from being visible at any time of the year from road rights-of-ways, public properties and surrounding properties. Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03 lists those uses allowed by Special Use Permit. In a Residential District, Home Occupations, on a parcel of three acres or larger, utilizing an accessory structure and/or exterior storage, is allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined as defined in Ordinance No.8, Section 4.30. ---J 1. The effect of the proposed use upon the health, safety, morals and general welfare of the City including but not limited to the factors of noise, glare, odor, electrical interference, vibrations, dust and other nuisances; fire and safety hazards; existing and anticipated traffic conditions; parking facilities on adjacent streets and land. Staff is concerned with the noise that will be generated from the operation of the machinery associated with a cabinet business. Regulating the hours of operation may resolve this issue. 2. The effect on surrounding properties, including valuation, aesthetics and scenic views, land uses, character and integrity of the neighborhood. If the use is conducted properly, there should be no negative impact on the above. 3. Consistency with the Andover Comprehensive Plan and Development Framework. The use would be consistent with the Comprehensive plan if determined to be a use allowed under a home occupation and is conducted properly. 4. The impact on governmental facilities and services, including roads, sanitary sewer, water and police and fire. ~ 5. The effect on sensitive environmental features including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils; and other factors as found relevant to the City. The use should have no negative effects on the above. . , Page Three Special Use Permit - Home Occupation Tim Dugas - 17528 Flintwood Street NW November 9, 1993 '-.../ Ordinance No.8, Section 4.30 also states that, "a Special Use Permit is valid for one year from the date of issuance unless otherwise specified in the Resolution for approval and thereafter shall be automatically renewed each year unless objections or complaints are received from neighboring property owners, the City Councilor City Staff and a request for review is made. GENERAL REVIEW The Commission should be aware that earlier this year (April 13, 1993) the Commission recommended to the City Council approval of a Special Use Permit for a home occupation in an accessory structure for a moulding business on Hanson Boulevard NW. The request the Commission is reviewing tonight is very similar. COMMISSION OPTIONS 1. The Planning and Zoning Commission may approve the Special Use Permit requested by Tim Dugas to operate a cabinet making business as a home occupation to be conducted in an accessory structure located at 17528 Flintwood Street NW, legally described on the attached resolution. ~j The Commission finds the request meets the criteria established in Ordinance No.8, Section 4.30 and 5.03. The Commission also finds that the use is permitted by special use under Ordinance No. 8, Section 7.03, Residential Districts. 2. The Planning and Zoning Commission may deny the Special Use Permit requested by Tim Dugas to operate a cabinet making business as a home occupation to be conducted in an accessory structure located at 17528 F1intwood Street NW, legally described on the attached resolution. The Commission finds the request does not meet the criteria established in Ordinance No.8, Sections 4.30 and 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item. STAFF RECOMMENDATION Staff recommends approval of the Special Use Permit with the conditions established on the attached resolution. :- ) --...., cPg:p:.WgU TREES . . . . z z . :; z . . z . z . . :; :; z . z z :; z :; z v ~ z ~ :; w ~ ~ . ~ :; u z ~ :; ~ . 0 w ~ ~ . . w ~ : 2 U 2 . 0 . , ~ Z ~ ~ ~ " " i ~ ~ 3 2 ~ l 0 ~ ~ , Z " Z 2 . Z , WI,- ) :; W U . , " > " . ;; J 1--.- " Il!lOTH Av(. NW J19TH AVE. NW 178TH AVE. NW rrrn+ ""E. NW :1 :1 I " J. " jl ( 11STH AV(. NW Ii ~ \, , ~ ~I R-I , ;-----.J , "11 'r ".... ~ r '-I C. ! \, ! \.J.! "J >-, ... I ili ! Iii " , 'I , , .' , ; ; . i , . i; , I ... :, l i'i il! ~ , ' I , '-' [ fT$TH AvL NW 17.TH 1.',1(. ..... I73AO AVE. NW I72I'Q ~. NW- I7IST AVE. NW r70TH "\1[, N. I69TH I.\lE. NW 168TH AVE. IIIW 167TH AVl!:. IIIW '65TH ~VE. NW I~TH AVE, NW I64TH A....E. NW ~RO AVE. NW I62HD AYIE. NW ,) '\ '-~) N< ~J 101 - 0 ~\-o)<7 - ~I _..J::.. 1 .~ -'?l I j I j t . 4-0'>~ , , ; \ 1 I IQ~1 <:G -...J l}) \ \ , , 'O~O\;\ (J:I (' r- c ,Ln R ~ 901'11 3.. ('1'lN ,"Jf'" OZ'1 , I ,it I ,O\: I . "",~iJ ~s\'-OO IbL'~C;~ \j ~ Cj:) €'" bl e----------~ / -.J ... , .-.J - ) ~- ~) " .~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 " SPECIAL USE PERMIT Property Address J 15 d. 3 r lion} wood st Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addition PIN i2 0.1 3.Q J'-l L./.;J 0003 (If metes and bounds, attach the complete legal description.) Is the property: Abstract or Torrens ? (This information must be provided and can be obtained from the County.) Reason for Request \-\(jNl~ ()c.c..ura..t"oY'\; BClldl~ {c..6;npj<., Section of Ordinance A.,ll lr' <(." 03 Current Zoning ~ - I Name of Applicant 1; rn()+~,/ M [)(~(jS Address J{~~~ ~Li.n..tL0ClOd Home Phone &3.::j- log ?:Jt.-,: Business Phone ~~~::~~::_:~~__~~:~~~________________~:~:_l~~~~~~~~~_______ Property Owner (Fee Ownerl (If different from above) Address Home Phone Business Phone Signature Date '\ I ',J , ') '~../ '''\ ',J " SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the Ci ty of Andover: " 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and. structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee ~.oo 'S:~. 00 RO.OO ~OO Date Paid IO/w/q3 Receipt # 48143. Rev. 5-06-93:d'A Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. ,j ~) j ~>;'''''''''"-;,''''. '. Ji" '\ ( ~ ' J) \ / '~":'r~:!T,;:::,:;;:,;;,'i'/i>' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, November 9, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Timothy M. Dugas to operate a home occupation (build cabinets) in an accessory structure as established in Ordinance No.8, Section 7.03, Special Uses and Section 4.30, Home Occupations on the property located at 17528 Flintwood Street NW (PIN 01-32-24-42-0008) All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. f., {/j ~~ I/~?- Victoria Volk, City Clerk Publication dates: October 29, 1993 November 5, 1993 PRINTER'S AFFIDAVIT OF PUBLICATION ') ,_/ NonCE OF PUBUC HEARINC OTY OF ANooVER COUNTY OF ANOKA STATE OF MINNESOTA . ':The Planning and Zoning CommiS$ion 01 the City 01 Andaver will hold a public he~rlr19 . at. 7:30 p.m.. or as soon therealter as can- be j heard, on Tuesday, November 9, 1993 at'the Andover City Hall. 1685 Crosstown 8M!. NW, Andover, MN to reYiew the Spedal Use Perm,t I request 01 Timothy M. OuglS ~o oper,ate a I home occupation (build cabl.nets) .." an . accessory structure as established In Ord,"a~ce No. B, Section 7.03, Spedal Uses and Section , 4 30 Home Occupations on the property, I~~ at 17528 Flintwood Street NW (PIN 01." 32.24-42.Q0(8) '., " ' . All written and verbal comments wIn be - received at that tlmelnd1oatfon.:,":~:::-:-:"~ t' . A copy 01 the application and location ~lU .~ available at Andover ,City ,Han.Io,~revlew ~v:o~~ng. "~J' -","'" V1ctciria VOlk, City aerie . " "'. abcdelghilklmriopqmuvwxyz ',' ' Published in Anoka Co. UnIOn . , 'October 29& Novemi>er~' ~993 ~) \ '~J STATE OF MINNESOTA County of Anoka ) ss ) Peter G, Bodley. being duly sworn. on oath says that he is the managing editor of the newspaper known as the Anoka County Union. and has full knowledge of the facts which are stated below: (Ai The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper. as provided by Minnesota Statute 331A,02. 331A,07, and other applicable laws. as amended, (B) The printed '.... ,NOnCE. ,OF, ,P.UBUG. ,HEARING..,.,..,.,...".,.".,.", ,., ""."".. .,., ." ,.D,uga,$ .,.., ,., ,.,.,. .....", ,., ..".., ."" ,...:...." ,., which is attached was cut from the columns of said newspaper, and was printed and published once each week. for, ,two, , , , successive weeks; it was first published on Friday. the ..,2,9th......, day of O,ct,ob,er,..,... 19,9,3. and was thereafter printed and published on every Friday to and including Friday, the "" 5.th " " , " day of "N9.Y!'!.f!lP,er.", 199~,; and printed below is a copy of the lower case alphabet from A to Z. both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghi j klmnopqrstuvwxyz abcdefghij Imnopqrstuvwxyz Managing Editor Subscribed and sworn to before me on XA AJ.a A'" AaA' i\A UJo' ....A.AJ.AAA.A.A A A ~~ ~ ~ .<1".,p~ DIXIE L MASON ~ . . . . ~ FF...j:t~;ri NOTARY PUBLJC . MINNESOT ~ ~ :::l ,..;<>; f.i,;f ANOKA COUNTY ,. ~ \~!... My CommIssion expires May la, 1995 ~ X'fY'fYY'f'f'f'r('fY, ~ ~,f, 'NY'fYnT'f"r'fYn.' (X ---------------------------------------- RATE 1:'1; FOR:\IATIO:'\ (1l Lowest classified rate paid by commercial users for comparable space $ 7.00 (Line, word. or inch rate) (2) Maximum rate allowed by law for the above matter $ 7.00 (Line. word, or inch rate) $ 4.80 (Line. word. or inch rate) (3) Rate actually charged for the above ma tter 01 32 24 42 0007 Foster Ronald W & Cynthia E 17572 Flintwood St NW Andover, MN 55304 01 32 24 42 0003 ~win Star Homes Inc , )71 - 208th Lane NW 'Andover, MN 55304 01 32 24 43 0010 Gehring Mark L 17476 Flintwood NW Andover, MN 55304 01 32 24 43 0011 Larson Rory R & Carmen M 17432 Flintwood NW Andover, MN 55304 01 32 24 43 0005 Dziuk Robert Joseph 17427 Flintwood NW Andover, MN 55304 01 32 24 34 0001 Ganter Alice J Trustee 14915 Hwy 65 NE Anoka, MN 55304 01 32 24 42 0010 Godin Joel R & Lori L 17597 Flintwood NW -ndover, MN 55304 ....~ 23 32 24 34 0013 Holasek Winslow 1 1159 Andover Blvd NW Andover, MN 55304 01 32 24 43 0009 Bialke Gayle 641 - 90th Lane NE Blaine, MN 55434 01 32 24 42 0008 Dugas Timothy M & Debra A 17528 Flintwood NW Andover, MN 55304 01 32 24 31 0001 Fanucci Narciso & Assunta 440 - 177th Ave NW Andover, MN 55304 01 32 24 42 0006 Foster Cynthia E & Ronald W 17572 Flintwood st NW Andover, MN 55304 '\ . ../ File: SupDugas '1 ',_J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 Discussion Items Planning APPROVED FOR AGENDA AGENDA 1'0. SECTION ORIGINATING DEPARTMENT ITEM 1'0. Lot Spli t 101 - 157th Avenue NW steve Hughes -~ BY: David L. Carlberg, City planner ~. The Planning and zoning Commission at its regular meeting on November 9, 1993, reviewed the request for a lot split by Steve Hughes located at 101 - 157th Avenue NW. The applicant is requesting to split an 8.2 acre parcel into two parcels of 4.26 acres and 3.94 acres. Both parcels will meet or exceed the minimum requirements of, the R-1, Single Family Rural zoning district. " " ~J Please consult the. attached staff report dated November 9, 1993 and the minutes from the Planning and zoning Commission meeting for further information. RECOMMENDATION The Planning and Zoning Commission recommends approval of the lot split request with conditions as indicated on the attached Resolution. MOTION BY: SECOND BY: :_) TO: \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~-~ RES. NO. A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF STEVE HUGHES TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, steve Hughes has requested a lot split to create two (2) lots for the construction of single family homes on the property located at 101 - 157th Avenue NW, legally described as follows: The west 674.60 feet of that portion of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32 Range 24, lying North of the Center line of 157th Avenue NW, as now laid out and traveled and lying south of a line drawn parallel to and 359.53 feet South of the North line of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota; Subject to easement for road purposes over the southerly 33 feet thereof; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40; and \ -~ WHEREAS, the Planning and zoning Commission finds the request is consistent with the comprehensive plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to said request; and WHEREAS, the planning and zoning Commission recommends to the City Council approval of the lot split as 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 the lot split on said property with the following conditions: 1. That the applicant pay park dedication fees pursuant to Ordinance No. 10, Section 9.07.10. 2. That the lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City council of the City of Andover on this 7th day of December, 1993. CITY OF ANDOVER J. E. McKelvey, Mayor / ATTEST Victoria Volk, City Clerk , 'lJ Regular Andover Planning and Zoning Commission Meeting Minutes - November 9, 1993 Page 3 PUBLIC HEARING: LOT SPLIT, 101 157TH AVENUE NW, SECTION 13, STEVE HUGHES 7: 52 P. M. Mr. Carlberg reviewed the request of Steve Hughes to subdivide an 8.2-acre parcel into two parcels of 4.26 and 3.94 acres. No structures exist on the property and all applicable ordinance requirements are met. Staff recommends approval with the conditions of paying $400 park dedication fee for each parcel and a one-year sunset clause as defined in Ordinance No. 40. The hearing was opened for public testimony. Mr. Carlberg noted the metes and bounds description is taken from the center line of 157th, which is an upgraded MSA street. It is all high, dry buildable area, so there should be no problem meeting the 39,000 square-foot requirement. MOTION by Peek, Seconded by putnam, to close the public hearing. Motion carried on a 6-Yes, 1-Absent (Apel) vote. MOTION by Peek, Seconded by Jovanovich, that the Planning and zoning Commission forward to the City Council the attached Staff prepared Resolution for a lot split at 101 157th Avenue NW with the recommendation for approval. Motion carried on a 6-Yes, 1-Absent (Apel)' vote. This will be placed on the December 7, 1993, City Council agenda. 8:05 p.m. ..J DISCUSSION CONTINUED - KEEPING OF POT BELLIED PIGS , , i '-J Mr. Carlberg reviewed his research on pot bellied pigs from the Minnesota Board of Animal Health, Swine Division, and from Dr. Hotaling, Andover Pet Center, who is considered somewhat of an expert on them. There is only one type of pot bellied pig, and that is the Vietnamese Pot Bellied Pig that weighs up to 30 to 50 pounds and can live for up to 30 to 40 years. Crossbreeds can get as large as 200 pounds. They can be very aggressive if not neutered or spade. They are very clean animals, and the chances of disease are probably less than with a cat or dog if there is just one pig in the home. Mr. Carlberg stated there are few regulations on them in Minnesota, though it was a fad on the west coast for several years. Because they live so long, the problem has become what to do with them when the owner no longer wants them. In California, adoption cli~ics have been set up so other people could adopt them. The question is whe~her Andover wants to treat them as pe~s a~d write an ordinance specifically for them, or wants to treat them as swine and allow them on five-acres or more per the current ordinance. After some discussion, the Commission generally did not want to write an ordinance specifically for pot bellied pigs as pets, feeling it would be difficult to enforce. Because there are definite drawbacks and concerns of housing the larger pigs in the urban area, and given the fact that the State does not different:iate between pot bellied pigs and other swine, it was felt the existing regulations are sufficient. Mr. Carlberg stated he is getting more information on the different types of pot bellied pigs, which he will provide to the Commission. For now, the ordinance will remain as is, that is all pigs are defined as swine and only allowed in the R-1 areas on five acres or more. \ 'J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE November 9. 1993 AGENDA ITEM 5. Public Hearing: Lot Split - 101 - 157th Avenue NW - Steve Hughes ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning ~ BY: David L. carlberg City Planner Request The Andover Planning and Zoning Commission is asked to review the lot split request of Steve Hughes to subdivide an 8.2 acre parcel into two parcels of 4.26 and 3.94 acres. The property is located at 101 - 157th Avenue NW. The property is legally described on the attached resolution. No structures exist on the parcel at this time. ~plicable Ordinances Ordinance No. 40 regulates the division of lots. A lot split is defined as any division of a lot, parcel or tract of land into not m0re than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. , "~ Ordinance No.8, Section 6.02 establishes the provisions for minimum lot width, lot depth and lot area in an R-1 zoned district. The minimum requirements in an R-1 district are as follows: Lot Width at Front Setback Lot Depth Lot Area Per Dwelling 300 feet 150 feet 2.5 acres Ordinance No. 10, Section 9.07.10 establishes the minimum area of land dedicated to park and open space. For all subdivisions by metes and bounds description the subdivider or developer may elect to pay, in lieu of the park dedication requirements, the sum of four hundred dollars ($400.00) for each dwelling unit that could be constructed upon the proposed subdivided property. In the event the developer elects to pay said four hundred dollar ($400.00) charge, the City may collect additional park fees if the developer re-subdivides the property in the future. Review The purpose of the lot split is to create two (2) lots for the construction of single family homes. >) '-./ o :~ , \ 'J Page Two Lot split - steve Hughes 101 - 157th Avenue NW November 9, 1993 Commission Options 1. The Planning and zoning Commission may recommend approval of the lot split requested by steve Hughes located at 101 - 157th Avenue NW, legally described on the attached resolution. The Commission finds that based on Section IV of Ordinance No. 40, the City Council may vary the application of any of the provisions in Ordinance No. 40 and that the variance request is consistent with the intent of the Comprehensive Plan and would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover. 2. The Planning and zoning Commission may recommend denial of the lot split requested by steve Hughes located at 101 - 157th Avenue NW, legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No. 40. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item pending further information from Staff. Staff Recommendation Staff recommends approval of the lot split requested by Steve Hughes located at 101 l57th Avenue NW, legally described on the attached resolution with the following conditions: 1. The applicant pay park dedication fees as defined in Ordinance No. 10, Section 9.07.10. 2. The lot split will be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). , I:.h----, i<','-" I ~~. d~ - ..:.....:.~~, ", -Pit - 0< · 'ii! ~'n" ~ . 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'S '-:::..------ _~<"~'%.GG - - - _ ---'1\ o'Su /'_ --" b.~ -- --- ... -- - (~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 · (612) 755-5100 LOT SPLIT REQUEST FORM property Address /0/ - /577-",- Av",,- N.W. Legal Description of property: (Fill in whichever is appropriate): Lot Block Addition (If metes and bounds, attach the complete legal description.) Is the property: Abstract Y or Torrens ? (This information must be provide~ can be obtained from the County.) PIN /"33~':J. ~ '-f '-('-I 600 I --------------------------------------------------------------------- Reason for Request A -L .l..~ . eN'" \ S",b~~'\J': -i.... 'C::> ~ - "\ I' ~ ~ ......' \...{ - ) 0 I S<<-I ( L6(~ -,J --------------------------------------------------------------------- /.-1 , current zoning Name of Applicant <:; Te {/c JlU<;t ~ <;' Address '21 s-I (6( p, . 4-C/~ '0/ c/ ~~ f)oc/t-r Home phone '1Z~ Business phone S'i'" <L- Signature __ --4/~~ Date Id -2. r~'lJ --------------------------------------------------------------------- property Owner (Fee Owner) (If different from above) s~ Address Home phone Business phone ~~~~ ,~ Signature Date --------------------------------------------------------------------- LOT SPLIT PAGE 2 :~ Attach a scaled drawing of the proposed split of the property showing: scale and North arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within 100 feet. The date the property became a lot of record, the names and addresses of all property owners within 350 feet of the property proposed to be split, and the complete legal description of the subject property must also be provided. I hereby certi~y that this property has not been subdivided within the last three years. S&61f~ Lot Spli t Fe Recording Fe Date Paid IO/z~~q3 Receipt # tffl77~ (-~park Dedication: Date Paid Receipt # Rev. 5-06-93:d'A Res. 179-91 (11-05-91) :~ ;:J :~ , ) -../ .'~'~"" ~,. . . .,'" \ , , . , (' . . : l \ 6 .1 \ ,.. .J '" "'- i -",,~~;;;;~,~j;"- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, November 9, 1993 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Lot Split request of Steve Hughes to split a parcel into two parcels pursuant to Ordinance No. 40 on the property located at 101 - 157th Avenue NW (PIN 13-32-24-44-0001), legally described as follows: The West 674.60 feet of that portion of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 24, lying North of the Center line of 157th Avenue NW, as now laid out and traveled and lying south of a line drawn parallel to and 359.53 feet South of the North line of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota. Subject to easement for road purposes over the Southerly 33 feet thereof. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. ,d~--6-~ !(~ Victoria Volk, City Clerk Publication dates: October 29, 1993 November 5, 1993 PRINTER'S AFFIDAVIT OF PUBLICATION '\ \'-) NOTICE OF PUBUC HEARING 0lY OF ANDOVER COUNTY OF ANOM STATE OF MINNESOTA The Planning- and Zoning Commission of the CIty of Andover will hold a public h..ring at 7:30 p.m., or "as soon thereafter as can be heard, on Tuesday. November 9. 1993 at the Andover CIty Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the lot Split request,of Steve Hughes to spl~ a parcel Into two parcels punuant to Ordinance No. 40 on the property located at 101 . 157th.Avenue NW (PIN 13-32- 24-4+0001 l. legally desalbed as follows: The West 674,60 feet of that portion of the Southeast Quarter of IM.'Southeast Quarter of Section 13. Township 32, Range' 24, lying North of the Center line'of tS7th Avenue NW, as now laid out and traveled and lying south..of a line drawn paraltel to and 359.53 foetSouth of the North line of the Southeast.Quarter of '1!oe'Soathast-Qumer~13rl'owmhip . ~2. Range 24,Anob' COUnty, Minnesota.' 'J r , Subject to ..sement for road purposes over the Southerly 33feet thereof. ' :',. ' All written and verbal comments will be ~ at that timeand location. ,.,..; A CIlpy of 1M application and location will be available at Andover City Hall for review prior to said meeting. -s- Victoria Volk, V'oaoria VolI. City Cleric abcdefghljklmnopqntuvwxyz Published in Anoka Co. Union .' Octot:e( 29 &:~~~~mf)~ S! 1~.~1 , ') 'J ',,) STATE OF MINNESOTA) 55 County of Anoka ) Peter G, Bodley, being duly sworn, on oath says that he is the managing editor of the newspaper known as the Anoka County Union. and has full knowledge of the facts which are stated below: IA) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A,02, 331A.07, and other applicable laws. as amended. IB) The printed "., NOnCE. ,OF. .PUBLIC, HEARIN.G.",'" ,.,..""""., ,.", , . , , . , , , , , , , , . , , , , , . , Hughes, , . . . , . . , . , . , . . , . . . , , . . . . , . . , , , . . , . . . , . . , . . , . , . . , , , , I 1 -I which is altached was cut from the columns of said newspaper. and was printed and published once each week, for, , , two, , , successive weeks: it was first published on Friday, the,.., 29th...... day of . October...., 19,93, and was thereafter printed and published on every Friday to and including Friday, the ,5th""""", day of , " , November, 199.3, ; and printed below is a copy of the lower case alphabet from A to Z. both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefgtti i kl mnopQrstuvwXVl abcdefghij lmnopqrstuvwxyz Subscribed and sworn to before me on XA.A.AAAAAAA.PA'" 44 ",.a A J....l... ~AAA 41..1.14.1. .lA.~ ,C~;:;r~~ DIXIE L. MASON , .. , '~P..::.~...fl~ NOTARV PUB1.IC . MINUC:SQTA .< \"'.~'.' Ii ANOXA COUNTY ~ \~0..)o-. My Commission expires May 10. 1995 ~ xvy~"y.....'V'~'~1VYYYYYVX RATE ):OOOFORl\1ATION (I) Lowest classified rate paid by commercial users for comparable 7.00 space $ I Line, word, or inch rate) (2) Maximum rate allowed by law for the 7.00 above matter $ (Line, word, or inch rate) (3) Rate actually charged for the above 4.80 ma tter $ (Line, word, or inch rate) 13 32 24 43 0001 James Torgerson 227 - 157th Ave NW Andover, MN 55304 1~ 32 24 44 0002 : n & Theresa Sanford \. , L~O - 157th Ave NW Andover, MN 55304 13 32 24 44 0004 Robert & Marcella Peach 15830 University NW Andover, MN 55304 / '\ '.,J L~3 ~J,+ ff"-t,,, II <<[3 13 32 24 43 0002 David & Pamela Breyen 275 - 157th Ave NW Andover, MN 55304 13 32 24 41 0001 C.H. & Rebecca Orttel 15922 University NW Andover, MN 55304 24 32 24 11 0008 Keven & Renee Bottineau 15620 University NW Andover, MN 55304 24 32 24 12 0004 Gerald & Gail Schwan 234 - 157th Ave NW Andover, MN 55304 13 32 24 44 0003 Gerald & Lamoine Olson 15880 University NW Andover, MN 55304 13 32 24 42 0005 Fredrick & patricia Brett 230 Constance Blvd NW Andover, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA SECTION NO. Discussion Item ORIGINATING DEPARTMENT Todd J. Haas, Engineering APPROVED FOR AGENDA ITEM NO. Discuss Outlot A, Emerald Glen/ 86-21 ~ . BY~ /. The city Council is requested to discuss the proposal made by Jim Stanton concerning the acquisition of Outlot A of Emerald Glen by the City. The proposal is an attempt to equalize the treatment between Mr. Stanton and the property that was purchased to the east for ponding purposes. The properties to the east are Hubert Smith and Kirby Estates Outlot A. 1. The purchase price is very near to the purchase price of Mr. Smi th. 2. The special assessments that Mr. Stanton is referring to is the assessments from project 86-21, the trunk and lateral storm drainage and MSA construction. Those assessments total $71,163.93. 3. Mr. stanton is requesting a credit of $1,500 for park dedication which would not had to have been paid if the,City purchased the outlot in 1989. MOTION BY: SECOND BY: \~.- TO: ~ \.:9 ''':. (;. ('.171 Ct'.. ~ ~"ct-) PFd";!::> ~ ./::,,,- ~'~rN.r./'~rUJ'-:' LAw OffiCES OF 'l:-ff :;1... _"", A Professional Limited Liability Co~ Burke and Hawkins or '-', , '_/ JOHN M. BURKE LoUIS J. BARTSOlER WllliAM G. HAwKINs Sarrr J. LoRENrZ SUITE 10 1 299 CooN RAPIDS BLVD. CooN RAPIDS. MINNESOTA 55433 PHONE (612) 784-2998 " October 27, 1993 llECEIVED NOV " 1 1993 CITY:)I- ""'" ,- .. J .. ,J ';L..-t)\/~~ Mr. Todd Haas Andover City Hall 1685 Crosstown Blvd. Andover. MN 55304 Re: Emerald Glen Dear Todd: The following is a confirmation of the proposal made by Jim Stanton concerning the acquisition of the outlot by the City. It is my understanding that we will present it to the City Council at their first meeting in December for review and discussion. The basis for the proposal is an attempt to equalize the treatment ) between Mr. Stanton and the property that was purchased to the east for pond --' purposes. The proposal is as follows: Cl.4TLOi A /-WR..tJ'X. =."32.S- A~erE~ 1. Purchase price would be $8,000.00 per acre. 2. The City would assume all special assessments on the outlot. The remainder of the special assessments would be spread over the lots owned by Mr. Stanton in the plat of Emerald Glen. 3. That the developer would receive credit for $1,500.00 of park dedication has been paid for the area that is wetland and would be purchased by the City for ponding area. If you have any changes or additions, please advise. ~Ce~eIY, ~HaWk;n5 WGH:mk cc: Mr. James Stanton \ .,_.J f0-., \;..;/ CITY OF ANDOVER -, REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA N:>. SECTION ORIGINATING DEPARTMENT staff, Committees, Commissions Admin. APPROVED FOR AGENDA ITEM f\O. Hire Public utilities Maintenance Person Daryl E. sUlande;~~ Acting Administrator B~ t. Request The City Council is requested to appoint Joe Young as the Public utilities Maintenance Person effective December 8, 1993. '- ) Joe was selected from a group of five (5) candidates interviewed on Wednesday, November 24, 1993. The starting salary would be minimum union scale which is $9.34 per hour. This rate would increase to match the new union contract which would be effective on January 1, 1994. Upon successful completion of the probationary period a $0.40 per hour increase would be effective on June 8, 1994. MOTION BY: SECOND BY: \..J TO: CITY OF ANDOVER " REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA r-.D. SECTION ORIGINATING DEPARTMENT Discussion Item Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM r-.D. Discussion/Project 91-16/ 159th Avenue B\tY q. The City Council is requested to discuss Project 91-16 as requested by John Berglund who is representing Roosevelt and Lucy Gaines and James and Wendy Evertz who reside at 4877 and 4915 _ 159th Avenue NW. Attached is a letter from John Berglund dated November 16, 1993. Bill Hawkins, City Attorney, has responded to both Mr. Berglund and Mr. Newsom. (Mr. Newsom had represented the Gaines and Evertz prior to Mr. Berglund). Attached are those letter sent to Mr. Berglund and Mr. Newsom. '- Bill Hawkins will need to know if the City Council would like to respond to Mr. Berglund's November 16, 1993 letter. MOTION BY: SECOND BY: ) '-- TO: () CJ ~~ 1/-/b BERGLUND & VARCO. LTD. AITORNEYS AT LAW 2140 FOURTH AVENUE NORTH ANOKA. MINNESOTA 55303 JOHN J, BERGLUND ROBERT B. VARCO COLLEEN 0, KAUFENBERG JONATHAN N, JASPER TELEPHONE (612) 427,5950 TELECOPIER (612) 427.7136 " LEGAL ASSISTANT: JEAN I. STACK November 16, 1993 City of Andover 1685 N.W. Crosstown Boulevard Andover, MN 55304 MAYOR AND CITY COUNCIL MEMBERS: Please be advised we represent Roosevelt and Lucy Gaines and James and Wendy Evertz who reside at 4877 and 4915 159th Avenue N.W. in the City of Andover. We enclose herewith a copy of a survey prepared for my clients by Lot Surveys Company, Inc. I also enclose herewith copies of letters that are being sent today to James and Barbara Renner, Leigh and Diana Kinnan and Mark and Katheryn Livingston, who are the owners of Lots 1, 2 and 3, of Rum River Ranch Estates respectively and whose driveways trespass across my clients' property to obtain access to their homes. I am writing this letter in an effort to seek help from the City of Andover in resolving this matter. My clients have informed me that the City has been well aware of the gap between 159th Avenue as traveled, and 159th Avenue as dedicated on the plat of Rum River Ranch Estates. Therefore, the City is aware the owners of Lots 1, 2 and 3 of Rum River Ranch Estates must trespass across my clients' properties to obtain access to their homes. As you know, by letter to your attorney, we suggested that the City move the road to the south so the traveled portion would in fact be on the dedicated road. That was no done. Therefore, my clients perceive the continuous trespass of their neighbors to the south has been allowed by either the city's action or inaction. In addition, as you have been advised, the City itself trespassed on my clients' properties when the recent improvements to 159th Avenue were made. That is, they exceeded their authority in making the improvements as provided by M.S.A. 160.05. My clients will be asking the owners of Lots 1, 2 and 3 to either purchase the strip in question from or purchase easement rights across the property. Frankly, the neighbors may refuse and litigation may be necessary. However, I have been instructed by my clients to notify the City of Andover of this potential expense, November 16, 1993 l~ Page Two hoping that'the City will recognize some responsibility and help in clearing up this obvious problem including, but not limited to, waiving all or a portion of the assessment assessed against my clients' property for the improvement of 159th Avenue N.W. I would ask that you please discuss this matter at your next council meeting and have your attorney contact me regarding the city's response. Thank you. Yours Enclosures CJ cc: James and Wendy Evertz Roosevelt and Lucy Gaines ,-,\ \J () :~) " " u BERGLUND & VARCO, LTD. ATTORNEYS AT ~W 2"0 FOURTH AVENUE NORTH ANOKA. MINNESOTA 5530) JOHN j, nERGLUND RODERT A. VARCO COLLEEN O. K.A.UFENflERO \' JONATHAN N. JASrER TELEPHONE (612) "Z7.S9~O TELECOrtER (61Z) <427.7136 LEGAL ASSISTANT1 JEAN I. STACK November 16, 1993 Mr. and Mrs. Leigh Kinnan 4892 159th Avenue N.W. Andover, Minnesota 55304 Re: pin Number: 13 32 25 44 0021 Dear Mr. and Mrs. Kinnan: Please be advised we represent James and Wendy Evertz who reside at 4915 159th Avenue N.W. in Andover and Roosevelt and M. Lucy Gaines who reside at 4877 159th Avenue N.W.. Their properties are immediately north of yours. Enclosed herewith find a copy of a survey which has been prepared for my clients by Lot Surveys Company, Inc. You will note by reviewing the survey that my clients' property lies immediately north and adjacent to the north line of 159th Avenue N. W. as dedicated on the plat of Rum River Ranch Estates. The City of Andover has recently paved a street known as 159th Avenue N. W., which street crosses my clients' property under authority allowed by Minnesota Statutes 169.05 et. seq. However, by reviewing the survey, you will note that the south line of the gravel road is six feet, plus or minus, north of the north line of the dedicated l59th Avenue. Therefore, your driveway encroaches across my clients' property from the improved 159th Avenue to the dedicated 159th Avenue. My clients object to that trespass. By this letter my clients have asked that I notify you of their rights and your trespass. My clients wish to resolve this difficult problem amicably and I am, therefore, asking that you either contact me and/or have your attorney contact me to discuss this matter by December 1, 1993. ~~ C) ~-.J November 16, 1993 I hope to hear from you soon. Yours truly, John J. Berglund JJB/ss Enclosure cc: James and Wendy Evertz Roosevelt and Lucy Gaines ; (J u '~J BERGLUND & VARCO, LTD. ATTORNEYS AT lAW 2110 FOURTH AVENUE NORTH ANOKA. MINNESOTA 55303 JOliN ), nERGLUND RODFRT R. VARCO COLLEEN Q. KAUFENnERG JONATHAN N. JASPER TELEI'110NE (612) 427.S9~O TELECarlER (612l 427.7136 LEGAL ASSISTANT. JEAN I. STACK November 16, 1993 Mr. and Mrs. James Renner 4938 159th Avenue N.W. Andover, Minnesota 55303 Re: pin Number: 13 32 25 44 0020 Dear Mr. and Mrs. Renner: Please be advised we represent James 4915 159th Avenue N.W. in Andover. north of yours. and Wendy Evertz who reside at Their property is immediately Enclosed herewith find a copy of a survey which has been prepared for my clients by Lot Surveys Company, Inc. You will note by reviewing the survey that my clients' property lies immediately north and adjacent to the north line of 159th Avenue N. W. as dedicated on the plat of Rum River Ranch Estates. The City of Andover has recently paved a street known as 159th Avenue N. W., which street crosses my clients' property under authority allowed by Minnesota Statutes 169.05 et. seq. However, by reviewing the survey, you will note that the south line of the gravel road is six feet, plus or minus, north of the north line of the dedicated 159th Avenue. Therefore, your driveway encroaches across my clients' property from the improved 159th Avenue to the dedicated 159th Avenue. My clients object to that trespass. By this letter my clients have asked that I notify you of their rights and your trespass. My clients wish to resolve this difficult problem amicably and I am, therefore, asking that you either contact me and/or have your attorney contact me to discuss this matter by December 1, 1993. (--.J ,.J : \. '-~ November 16, 1993 Page Two I hope to hear from you soon. " Yours truly, John J. Berglund JJB/ss Enclosures cc: James and Wendy Evertz , \ 10 C) :.j BERGLUND & VARCO. LTD. ATTORNEYS AT lAW 2'.0 FOURTH AVENUE NORTH ANOKA. MINNESOTA '530J JOliN ,. nERGLUNO RonERT A. VARCO COLLEEN O. KAUFENBERG JONATHAN N. JASrER TE1.EPHONE (612) 427.5950 TELEcorlER (612) -427.7136 " LEGAL ASSISTANT, JEAN I, STACK November 16, 1993 Mr. and Mrs. Mark Livingston 4860 159th Avenue N.W. Andover, MN 55304 Re: pin Number: 13 32 25 44 0022 Please be advised we represent Roosevelt and reside at 4877 159th Avenue N.W. in Andover. immediately north of yours. M. Lucy Gaines who Their property is Enclosed herewith find a copy of a survey which has been prepared for my clients by Lot Surveys Company, Inc. You will note by reviewing the survey that my clients' property lies immediately north. and adjacent to the north line of 159th Avenue N. W. as dedicated on the plat of Rum River Ranch Estates. The City of Andover has recently paved a street known as 159th Avenue N. W., which street crosses my clients' property under authority allowed by Minnesota Statutes 169.05 et. seq. However, by reviewing the survey, you will note that the south line of the gravel road is six feet, plus or minus, north of the north line of the dedicated 159th Avenue. Therefore, your driveway encroaches across my clients' property from the improved 159th Avenue to the dedicated 159th Avenue. My clients object to that trespass. By this letter my clients have asked that I notify you of their rights and your trespass. My clients wish to resolve this difficult problem amicably and I am, therefore, asking that you either contact me and/or have your attorney contact me to discuss this matter by December 1, 1993. C) ':_) ~~) November 16, 1993 Page Two " I hope to hear from you soon. Yours truly, John J. Berglund JJB/ss Enclosures cc: Roosevelt and Lucy Gaines ~-J '~'I ~z- ~cj~~ 6ZJl ';>100'(0 ~....~ -- . ::~ ~ ; i oCt'"'" 5~,.;:J ~O_~ -~~~ .... "'__ c 0"....... ~tj( :. .z,j.... ~ . o. ~:I...g ;;g~ ... ~ '" ~'Eo"'" ~~: ~ ~.. &l '" ~:'5C1( ~;~~ 0 Z - >= Z :: < ~ N .. Do .. ~ l1: ~ ... ~ ~ ~ t: 0 I;; , 0 .. ~ I .. '" c ! a <J .. " S ~ i e en '" j ~ ri " ~-) >- c '" < } ,., , . z !!! 7. ! w ~ z . c > " c i a: ~ < '" ~ :;) .. I;; en ~ ~ ~ .. '" ... cnN wI- ~a:: ~W (!)> W I-cn -1w W;:'E iiGi~ ~C/)J 00 ~oz >a:~ lr :;) Vl ') ,~ " . H ....j -z~ j; o " I I I II r ~111 1 t I' ,~ ! I "I ., J :1 i t t ~'" I.A.~ 'I 1 ~ I I ~ ~ J \.! '" 01 3 ' ~I ' ! ~ :J " 'I o " ~ 8 ! r<> " ~ ~ ~ N ~ " o , o~ ... ;';tI .~ "1. ~ ~' t~ ~ ~. ~,~ l' 3! -. ... :~ t~ J , . .. " iii J : f. ~i~ ~ I < ~ 8 . I- ~~~ ~ (Jl .' -~ : !!? / 1l \@ ~ ~ \\1 ~ =~ ,.. c" "" 0 " ,., I / ':J ',I -I I, '...) Ld 1 II ,I P Ll.: l'.! 0: ~l 1" C.C. rC"\1V- ://no/Ii - I',,~(,-" ,.., !C/t"I J. ~o.(1! SI,A.~AJ"de _ AJ,..11 ~ ~ LAw OrnCES OF \ '. ...-/ Burke and Hawkins JOlIN M. BURKE lDUls J. BARTSOIEll WILUAM G. HAWKINS Sa:rrr J.lDRENrZ A Professional Limited Liability Co. q / -Ib Sum 101 299 CooN RAPIDs BLVD. CooN RAPIDs, MINNESOTA 55433 PHONE (612) 784-2998 .RECEIVED SE? 27 1993 CITY OF AJlJUOVER September 24, 1993 Mr. Jerome Newsom, Esq. 200 S. 6th Street Minneapolis, MN 55402 RE: Roosevelt Gains vs. City of Andover Dear Mr. Newsom: I have completed my investigation of the allegations by your client Mr. Gains, that the City does not have easement over which to construct the proposed 159th Avenue Street project. After review of the matter, I am enclosing for your information a copy of a map prepared by the City consulting Engineer for this project which delineates actual , - '\ traveled portion of the roadway as well as the additional areas maintained by the '.....J City through ditching and mowing. I would direct your attention to Minnesota Statute 160.05 which states as follows: .. When any road or portion of a road has been used and kept in repair and worked for 6 years continuously as a public highway by a road authority, it shall be deemed dedicated as a public road to the width of the actual use and remain until lawfully vacated as a public highway whether it has ever been established as a public highway or not." It is the position of the City of Andover that it has maintained 159th Avenue in excess of 6 years as a public roadway and therefore it is deemed dedicated to the width of the actual use. I would direct your attention further to the case of the Barfnecht v. Town Board of Hollvwood. Townshio. Carver County, 232 N.W.2nd 420 (Minn. 1975). You will find in this decision that the width of a prescriptive easement acquired by the public is not limited to the road actually traveled and may include shoulders and ditches that are needed and have been actually used to support and maintain the travel portion. I have been informed by the City Engineer that there are shoulders and existing ditches that the City has used and mowed. These are delineated on the map that I have enclosed to you by the blue marker. :,-) '~ ,:] <J Page 2 of 2 Roosevelt Gains vs. City of Andover September 24, 1993 " According to all the plans that the Engineer prepared, the work that is contemplated will fall within the yellow or blue areas delineated on the map which we believe that have been dedicated to the City of Andover by this Statute. Accordingly the contractor will be instructed to commence work on this project on Thursday September 30, 1993. If you have any questions or comments, please call. lff."Ji;J' ~ G. Hawkins WGH:sjh Enc/. cc: Todd Haas Shawn Gustafson q /--1 b LAw OFFICES OF Burke and Hawkins A Professional Limited Liability Co. o JOliN M. BURKE LoUIS J. BARTSalER WIlllAM G. HAWKINS Sarrr J. LoRENTZ SUITE 101 299 CooN RAPIDs BLVD. CooN RAPIDs, MINNESOTA 55433 PHONE (612) 784-2998 RECEI'VED November 3, 1993 " Mr. John J. Berglund Berglund & Varco, Ltd. 2140 Fourth Avenue North Anoka, MN 55303 NOV 4 1993 CITY 01- ANLJOVER Re: My Client: Your Clients: Project: City of Andover Roosevelt/M. Lucy Johnson-Gaines James/Wendy Evertz 159th Avenue Dear Mr. Berglund: I am responding to your letter of October 27, 1993. On the date that your letter was written the contractor began the blacktop work and it is my understanding that it is completed at this time. Therefore the City would not be in a position to () relocate the roadway. You also raise a question concerning the signatures on the petitions concerning Lots 1, 2 and 3, Rum River Ranch Estates. This project was ordered by the unanimous vote of the City Council and therefore the existence of petitions is irrelevant under Chapter 429. Finally, we disagree with your contention that the improvements have exceeded the City's road authority under Minnesota Staute ~ 160.05. We have clearly stayed within the confines of the area that the City has maintained and has the ability to construct road improvements within. Accordingly I believe there is nothing further that we can do for your clients at this time. Sincerely, Willliam G. Hawkins Andover City Attorney <J WGH:mk cc: Mr. Todd Haas Mr. Shawn Gustafson CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7. lqq1 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED 1'0. Staff, Committees, Comm. FOR AGENDA ITEM Admin. f\O BY: Amend Ordinance 66, City ~ .~. Council Ordinance V. Volk /tJ . Attached is an amendment to Ordinance 66, changing the time City Council meetings begin from 7:30 p.m. to 7:00 p.m. as requested by Council. Section 4, Order of Business, is proposed to be amended as follows: , ) '-- Existing 1. Call to Order 2. Resident Forum 3. Agenda Approval Proposed 1. Call to Order 2. Resident Forum 3. Agenda Approval/Consent Agenda 4. Approval of Minutes 5. Discussion Items 6. Reports of Commissions, Committees & Staff 7. Mayor/Council Input 8. Payment of Claims 9. Adjournment 4. Approval of Minutes 5. Discussion Items 6. Reports of Commissions, Committees & Staff 7. Non-Discussion Items 8. Mayor/Council Input 9. Payment of Claims 10. Adjournment VAt tach. MOTION BY: SECOND BY: ,_ ) TO: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~ ORDINANCE 660 AN ORDINANCE AMENDING ORDINANCE 66, KNOWN AS THE CITY COUNCIL ORDINANCE. The City Council hereby ordains: Ordinance No. 66 is amended as follows: Section 1. Meetings 1.1 Regular meetings of the City Council shall be held on the first and third Tuesday of each calendar month at ~~~ 7:00 P.M. Any regular meeting falling upon a holiday shall be held on the next following business day at the same time and place. All meetings shall be held in the City Hall or at another public location as designated by the City Council. Section 4. Order of Business 4.1 Each meeting of the Council place appointed therefore. conducted in the following shall convene at the time and Council business shall be order: ,~ 1. Call to order 2. Resident Forum 3. Agenda Approval/Consent Agenda 4. Approval of Minutes 5. Discussion Items 6. Reports of Commissions, Committees & Staff 7. Nca-D-i-SGUs-s-i= ...J:~m.b Mayor/Council Input 8. Payment of Claims 9. Adjournment Adopted by the City Council of the City of Andover this day of , 1993. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk ~.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA /10. SECTION ORIGINATING DEPARTMENT Admin. APPROVED FOR AGENDA Staff, Committees, Commissions ITEM 1\0. Authorize Purchase of Photocopier Daryl E. sulander,~ B~\/~~ Acting Administrator .~ 1/. \ ) --- Request The City Council is requested to approve the purchase of a Toshiba Model 5020 Photocopier from Wagers Business Systems. The net purchase price after discounts and allowance for our old Ricoh machine is $10,500.00 plus sales tax. Background The City staff has evaluated three (3) different photocopiers brought in to City Hall over the past several months. The first demonstration machine was a Ricoh Model FT6750 from Metro Sales Inc. The net purchase price for the Ricoh FT6750 is $15,782.00 plus sales tax. The second demonstration photocopier was a Mita Model DC4585 from Coordinated Business Systems Limited. The Mita copier price is $7,640.00 plus sales tax. The third and final demonstration copier evaluated was a Toshiba Model 4010 from Wagers Business Systems. This machine was preferred by the staff after reviewing the performance and capabilities of the different copiers. The requested Model 5~20 copier is similar to the 4010 only faster. While the Mita copier is less expensive, the staff prefers the performance and options provided in both the Ricoh and Toshiba machines. The Toshiba copier is a better value for the price and the options available to fulfill the City's photocopier needs. MOTION BY: SECOND BY: '- ) TO: ~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE December 7, 1993 AGENDA SECTION ORIGINATING DEPARTMENT APPROVED 1'0. Staff, Committees, Comm. FOR AGENDA ITEM Admin. 1'0. BY: Recording Secretary Contract Volk ~.O' Increase V. /~. Attached is a proposal from Peach Associates for an increase in their contract for taking and transcribing the minutes of the Council and various other Committees and Commissions. The increase amounts to a 3.9 percent increase. V:Attach. , ~ MOTION BY: SECOND BY: , ~ TO: , \ V ':'J ,~ November 24, 1993 Mayor Jack McKelvey Councilmembers Dalien, Jacobson, Knight, Perry CITY OF ANDOVER 16B5 Crosstown Boulevard NW Andover, MN 55304 The Honorable Mayor and Council: Enclosed is an updated contract between the City of Andover and Peach Associates, Inc., for the taking and transcribing of Minutes of the City Council and the various other Committees and Commissions. The contract proposes an increase in the 1994 rates: City Council - Maintain the same hourly rate per meeting: $21/hour of meeting Increase from $7.25/typewritten page to $7.50 per typewritten page of Minutes Commissions and Committees - Increase from $17.20/hour to $IB.30/hour of meeting Increase from $7.10/typewritten page to $7.50 per typewritten page of Minutes The proposals equates to a 3.9 percent increase, about the same as the wage increase given Staff for 1994. As always, I have been very careful to keep the costs to the City down, often times not charging for pages of less than one-half, for running a few minutes to the next hour of a meeting, or for meeting the needs of the Staff for copies of minutes or motions quickly. I look forward to continuing my service to the City of Andover and, as always, appreciate the support the Council has given me over the years. Thank you. \:~;:--= Secretarial Services ~~ :-.J ,) CONTRACT AGREEMENT This contract agreement between PEACH ASSOCIATES, INC., 15830 University Avenue NW, Andover, MN and the CITY OF ANDOVER, 1685 Crosstown Boulevard NW, Andover, MN shall be effective beginning Monday, January 3, 1994, and may be terminated by written notice within 60 days by either party. The contract agreement includes the following: 1. Peach Associates, Inc., agrees to provide the City of Andover with one Copy of Minutes for City Council, Planning and zoning Commission, Park and Recreation Commission, Tree Commission, plus any other committee meetings so directed by the City, within seven working dates after the date of the meeting. 2 . The City of Andover shall provide City letterhead for the first page of the Minutes, tapes for recording the meetings, and supporting Agenda material for the meetings. All other supplies shall be furnished by Peach Associates, Inc. 3 . The City of Andover agrees to pay Peach Associates, Inc.: City Council - $21 per hour or fraction of for meeting attendance and one-half hour of travel time ($10.50) per meeting; plus $7.50 per typewritten page of Minutes Commissions and Committees - $18.30 per hour or fraction of for meeting attendance and one-half hour of travel time ($9.15) per meeting; plus $7.50 per typewritten page of Minutes 4. Changes to the above stated fees must be by mutual agreement of both parties. PEACH ASSOCIATES, INC. \\~~=-=-~c<-L Marc a A. Peach CITY OF ANDOVER Jack McKelvey, Mayor Victoria Volk, City Clerk DATE: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION December 7, 1993 DATE AGENDA t-O. SECTION ORIGINATING DEPARTMENT Non-Discussion Finance APPROVED FOR AGENDA ITEM t-O. Adopt 1994 Water, Sewer, P.I.R. and Central Equipment Fund Budgets Daryl E. Sulander Finance Director~~ BY:~% 1.3, REQUEST The City Council is requested to adopt the attached resolution setting the 1994 budgets for the Water, Sewer, P.I.R., and Central Equipment Funds. BACKGROUND '-, The City Council met on November 16, 1993 to review the proposed budgets for the Water, Sewer, P.I.R., and Central Equipment Funds. The Water Fund and Sewer Fund budgets are based on no increase to the user fees for water and sewer services. MOTION BY: SECOND BY: ,~ TO: , J , , ,~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -93 A RESOLUTION ESTABLISHING THE 1994 WATER FUND, SEWER FUND, PERMANENT IMPROVEMENT REVOLVING FUND AND CENTRAL EQUIPMENT FUND BUDGETS. WHEREAS, the City of Andover Water, Sewer and Central Equipment Funds are primarily supported by user fees; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the use of these fees; and Whereas, the Permanent Improvement Revolving Fund was established to provide for the acquisition of equipment or financing of improvement projects deemed appropriate by the City Council; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial management for planning and monitoring financial condition; and WHEREAS, the Finance Director will return at the end of the year with the capital transfer amount to the Water Trunk Fund. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby establishes the 1994 budgets for the Water Fund, Sewer Fund, Permanent Improvement Revolving Fund and Central Equipment Funds as shown on Attachment A. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk ') / :_J \ J ~ . ',,- " .-J ATTACHMENT A CITY OF ANDOVER 1994 WATER, SEWER, CENTRAL EQUIPMENT AND PERMANENT IMPROVEMENT REVOLVING FUND SUMMARY BUDGETS Revenues: Water Sales Permits Meters Interest Total Revenue Revenues: Sewer Charges Interest Transfer from Sewer Trunk Fund Total Revenue Revenues: Equipment Rentals Interest Total Revenue $332,000 18,000 42,000 14,000 $406,000 ===:::1:=-=== $563,300 6,000 30,500 $599,800 ======== WATER FUND Expenses: Source, Storage and Treatment Distribution Administration SEWER FUND Expenses: Collection Administration Transfer to Debt Service Fund CENTRAL EQUIPMENT FUND $166,770 2,000 $168,770 -------- -------- Expenses: Equipment Maintenance Insurance Capi tal Outlay Revenues: PERMANENT IMPROVEMENT REVOLVING FUND Special Assessments $132,135 Interest 30,000 Total Revenue $162, 135 ======== Expenses: Improvements Office Equipment Capital Equipment $119,150 169,625 117,225 $406,000 ======== $503,650 58,520 37,630 $599,800 ======== $134,560 18,500 15,710 $168, 770 -------- -------- $ 37,000 11,715 113,420 $162, 135 ======== ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA t\O. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineering ~ APPROVED FOR AGENDA ITEM t\O. Approve Change Order #2/92-13 BY't/Y /1. The City Council is requested to approve the resolution approving Change Order #2 to Project 92-13 for Well Pumphouse #4 construction in the area of City Hall. Attached is Change Order #2. Public Works Department is recommending approval. '---- MOTION BY: SECOND BY: '-~ TO: o :J , ') ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2 TO PROJECT NO. 92-13 FOR WELL PUMPHOUSE #4 CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, the City of Andover has a contract for project No. 92-13, Well pumphouse #4 with Anderson Mechanical, Inc. of Shafer, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change order #2 to project No. 92-13. MOTION seconded by Councilmember and adopted by the City Council at a meeting this 7th day regular of December , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria volk - City Clerk " , , '---./ ,-.J ') '-J CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners " St. Paul, MN October 26. 19~ Corom. No.10212-03 Change Order No. 2lRev.1 To Anderson Mechanical. Inc for Construction of Well Pumphou~e No 4 for Citv of Andover. Minnesota You are hereby directed to make the following change to your contract dated March 26 , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (e1eeraa",c) (fioL ~1.1l."9~) the contract sum by Four Hundred Sixty-three and 96/100-------------------------Dollars ($ 463 96 ) . 1. Furnish and install three 6" diameter Schedule 40 steel pipe ba1lards to protect the electric transformer from damage. The ballards are a requirement of Anoka Electric Coop that was not shown on the drawings. Add + $541.21 2. Furnish and install 55 additional square yards of bituminous surface. The additional bituminous is installed in front of the tank mandoor. Add + $442.75 3. The face brick allowance for the project is specified to be $450/1,000. The actual cost of the face brick is $350/1,000. The credit is 5,200 brick @ $100/1,000 = $520. Deduct - $520 00 NET CHANGE Add + $463.96 Amount of Original Contract $ Additions approved to date (Nos. $ Deductions approved to date (Nos. 1 $ Contract amount to date $ Amount of this Change Order (Add) (D~-l~~1::1 ('T~+- ,~h""g,,-;i) $ Revised Contract Amount $ 192.626.00 o 00 94.50 192.531 50 463.96 192.995.46 Approved CITY OF ANDOVER. MN Owner By_ By David L. Moore, Date White - Owner* pink - Contractor* By CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA f\O. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineeri~ APPROVED FOR AGENDA ITEM f\O. Approve Final Payment/92-13/ Well Pumphouse #4 BY~ /5. The City Council is requested to approve the resolution accepting work and directing final payment to Anderson Mechanical, Inc. for project 92-13 for the improvement of Well Pumphouse #4 in the area of City Hall. Attached is a letter from TKDA recommending approval. ,~ ) MOTION BY: SECOND BY: \ " i TO: , \ ~ f ) ~ " ) 'J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ANDERSON MECHANICAL, INC. FOR PROJECT NO. 92-13 FOR THE IMPROVEMENT OF WELL PUMPHOUSE #4 IN THE FOLLOWING AREA: CITY HALL WHEREAS, pursuant to a written contract signed with the City of Andover on March 16 , 19 93 , Anderson Mechanical, Inc. of Shafer, M~ has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a meeting this day of 7th regular December , 19 93 ,with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor victoria Volk - City Clerk ~ TKDA TOl TZ. KINO. DUVAll. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS' ARCHITECTS. PLANNERS " 1500 PIPER JAFFRAY PLAZA 4A4 CEDAR STREET" SAINT PAUL MINNESOTA55'01.2,40 PHONE:812l292-4400 FAX:6121202-o083 November 9,1993 Mr. Todd Haas City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 , ~ECErVEn j NOV 1 2 1993 i CITY OF ANDOVeR' Re: Well Pumphouse No.4 City Project 92-13 Andover,~esota Commission No. 10212-03 Dear Mr. Haas: The referenced project has been completed in accordance with the plans and specifications. Enclosed herewith are three copies of Change Order No.2 in the amount of $463.96 for City approval. Also enclosed are three copies of Payment Certificate No.4 (Final) in the amount of $28,678.52 for approval and payment by the City. ~J The following uocuments are also enclosed for City records: 1. Consent of Surety to Final Payment. 2. Minnesota Department of Revenue withholding Mfidavit for Contractors (Form IC-134) for: A. Anderson Mechanical B. Wayne's Electric C. Pops Paint Co. D. Layne Minnesota E. Northwest WateIproofmg If there are any questions, please call. DJmt~ David L. Moore, P.E. , ') "-" DLM:j Enclosures CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA r-o. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineeri:;/ APPROVED FOR AGENDA ITEM r-o. Approve Revised Grading Plan/ Pheasant Meadows BY' / 'dfi It. The City Council is requested to approve the revised grading, drainage and erosion control plan of Pheasant Meadows as being developed by Hokanson Development. City Staff and the developer have met to discuss the changes that have been made. They have been reviewed by the Building Official. Therefore, it is recommended to approve the revised plan. \ ) Note: The primary change is contours along the south plat line where additional grading was done to blend into the new plat (Emerald Glen) to the south. The grading plan is available in the engineering office for review. MOTION BY: SECOND BY: \, TO: ~) , ') 'J " ,) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE REVISED PHEASANT MEADOWS HOKANSON DEVELOPMENT 32, RANGE 24, ANOKA COUNTY, MINNESOTA. GRADING AND DRAINAGE PLAN OF AS BEING DEVELOPED BY IN SECTION 34, TOWNSHIP WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 090-92 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of November 10, 1993 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 7th day of December , 19 93. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7. 1993 AGENDA t-O. SECTION ORIGINATING DEPARTMENT APPROVED FOR AGENDA Todd J. Haas, /I~ Engineering~ BY:W Non-Discussion Item ITEM t-O. Approve Joint Powers Agreement/ Signals at Bunker & Crosstown/ 93-1 /7. The City Council is requested to approve the Joint Powers Agreement for the installation of Traffic Control Signals at the intersection of CSAH #18 and County Road #116 in the City of Andover, project 93-1. This signal for now is temporary. One of the four legs is designated as County State Aid Highway. Therefore, the City of Andover will be able to use State Aid funding in the future when a permanent signal is constructed. The other three legs would be paid from the in-house MSA fund which has been used in the past to pay for projects similar to this one. For now the City's only cost is for power and power supply. Note: The intersection has been widened this past construction season to allow for turn lanes. MOTION BY: SECOND BY: '- TO: Special City Council Meeting March 11, 1993 - Minutes Page 2 (Round Lake & Bunker Lake Disc., Cont.) :~ Councilmernber Perry suggested putting a driveway to the back of the medical building if it is agreeable with the neighborhood. She also said that she understood that the county would pay for the stop llght if we agreed to the driveway. Mayor McKelvey noted that the County's problem is that Anoka needs the light on l35th and Roosevelt and we need the streets to move the traffic. Mr. Olson stated that their problem is that Anoka doesn't need the project. He stated that the county wouldn't need to bill the city for the light until January 1994. Mr. Olson reviewed the project summary noting that they are running a little iate on the schedule with construction beginning in late June or early July rather than in May. Th~-cost to the city would be $297,000. Councilmember Jacobson asked if the sidewalk would go from the Coon Rapids border up to the church and over to the medical building. Mr. Olson noted that is the plan; however, it will be constructed or not constructed at the city's will. Councilmember Jacobson asked if the houses along Round Lake Boulevard will be moved. Mr. Olson stated that some are scheduled to be demolished and some will be moved by the Community Action Program. , ') \-- Councilmember Perry asked what the next step will be. Mr. Olson stated that they will redraft .the plan and send it to the city along with a draft agreement and ask the city to approve the plan and then enter into an agreement with the county. At the same time they will be aSking Anoka and Coon Rapids to enter into an agreement with the county. He explained that if Anoka says no to the plan the project will not proceed. Mr. Haas explained that the money for the watermain gate valve adjustments, watermain curb stop relocates and the new watermain would come from the watermain trunk fund; the storm sewer, and the traffic signals would corne from MSA funds; and the cost of the signal by the Downtown Center could possibly corne from TIF funds. With the change on the driveway behind the medical building Council had no problem with the plans. q3..1 Council briefly discussed the signal on Crosstown and Bunker Lake Boulevard ~y 3rooks Superette. Mr. olson stated that it meets warrants and it is possible to include it in the 1993 project. The city's cost would be $40,000 and the city could be billed in 1994 if interested. Councilmember Perry felt it should be considered for 1994 with the city paying for it in 1995. Mr. Olson stated that it would be to their advantage to know if the city wanted it for sure. Mayor McKelvey noted that we don't have the funding for the permanent signal. He thought that that intersection was scheduled for widening in 1996 or 1997. :,) (Recess 8:40 - Reconvene 8:55) ,/ " o Anoka County Contmct No, <.:J -)()! 6' 7 JOINT POWERS AGREEMENT FOR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTION OF CSAH NO. 18 AND COUNTY ROAD NO. 116 IN THE CITY OF ANDOVER Project No. CP 93-10-18 " THIS AGREEMENT is made and entered into this _ day of , 1993, by and between the County of Anoka, a political subdivision of the State of Minnesota, Anoka County Government Center, 2100 3rd Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County,. and the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, hereinafter referred to as the "City." WITNESSETH: WHEREAS, the parties to this Agreement desire to jointly cause the construction of traffic- actuated control signals at the intersection of County State Aid Highway (CSAH) No. 18 (Coon Creek Boulevard) and County Road (CR) No. 116 (Bunker Lake Boulevard); and , "- '..J WHEREAS, the parties to this Agreement agree that it is in their best interest that the costs of said project be shared; and, WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. S 471.59. NOW, THEREFORE, it is mutually stipulated and agreed: I. PURPOSE: The County and City have joined together for the purpose of installing a traffic control system at the intersection of CSAH No. 18 and CR No. 116, as described in the plans and specifications numbered 93-10-18 on file in the office of the Anoka County Highway Department and incorporated herein by reference. II. METHOD: The County shall provide all engineering services and shall cause the construction of Anoka County Project No. 93-10-18 in conformance with said plans and specifications. The letting of ~~ bids and the acceptance of all bid proposals shall be done by the County. o ~J III. COSTS: A. The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual" construction costs" and shall be so referred to he~ein. "Estimated costs" are good- faith projections of the costs which will be incurred for this project. The estimated costs are attached as Exhibit A, and incorporated herein by reference. B. The City shall pay for engineering services at a rate of eight percent (8 %) of its actual construction costs. C. A temporary signal will be constructed in which the City's cost will be only that of power and the power supply. The City agrees to participate in the permanent signal cost when CR No. 116 is reconstructed. D. The total estimated future cost to the City is based on the actual costs of construction and the City's share as provided for in Exhibit B. The estimated future cost to the City is: Construction Engineering (8 %) Total Estimated City Cost $40,000.00 3.200.00 $43,200.00 E. Upon final completion of the construction of a permanent signal, the City shall pay to the County, upon written demand by the County, the actual cost of construction and engineering, estimated to be $43,200.00. The City's share of the project shall include only construction and engineering and does not include administrative or other expenses incurred by the County. IV. TERM: This Agreement shall continue until (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever (1) or (2) shall first occur. V. DISBURSEMENT OF FUNDS: All funds disbursed by the County or City pursuant to this Agreement shall be disbursed " by each entity pursuant to the method provided by law. :) ~ - 2 - () :.J ~-) VI. CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to state laws. " VII. STRICT ACCOUNTABILITY: A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIII. SIGNALIZATION POWER: The City shall, at its sole expense, install or cause the installation of an adequate electrical power source to the service pad or pole for the intersection of CSAH No. 18 and CR No. 116, including any necessary extensions of power lines for both the temporary and permanent signal systems. Upon completion of said traffic control signal installation, the ongoing cost of electrical power to the signal shall be at the sole cost and expense of the City. IX. MAINTENANCE: Maintenance of the completed signal and signal equipment will be the sole obligation of the County. All other maintenance, including the ongoing cost of electrical power to the signal, will be the responsibility of the City. X. TERMINATION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. XI. AFFIRMATIVE ACTION: In accordance with the County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the - 3 - program which is the subject of this Agreement on the basis of race, creed, color, sex, marital status, () public assistance status, age, disability or national origin. XII. NOTICE: " For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, Anoka County Government Center, 2100 3rd Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager of the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304. XIII. INDEMNIFICATION: The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents or employees relating to activity conducted by either party under this Agreement. XIV. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING: ~J It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. '~J - 4 - \ ) '- IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA " CITY OF ANDOVER By: Dan Erhart, Chairman County Board of Commissioners By: Name: Dated: Title: Dated: ATTEST By: John "Jay" McLinden County Administrator Name: By: Dated: Title: Dated: .~ RECZ~/ NDED;7 APPROVAL BY:~~ Paul Ruud County Engineer Dated: / /- ;0_ 9'.3 APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: dk.\contract\ 18&116.jpa ~J - 5 - \ \ I " . ) '--" \ ,,) EXHIBIT A Joint Powers Agreement for the Installation of Traffic Control Signals at the Intersection of CSAH No. 18 and CR No. 116 in the City of Andover Estimated future costs* for County Proiect No. 93-10-18 are as follows: Fully-Actuated Traffic Control System Control Cabinet Engineering Total $70,000.00 10,000.00 $ 6.400.00 $86,400.00 City Share (50%) $43,200.00 County Share (50%) $43,200.00 * Estimate in 1993 dollars. dk\contract\18&116.jpa \ _/ ,*, I '---' EXHIBIT h ~ COST-SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS ITEMS COUNTY SHARE o 50% o 100% 100% 100% o 100% based on state aid letter*2 O*' 1/2 the cost of its legs of the intersection Traffic Signals (communities less than 5,000) Engineering Services Right-of-Way Street Lights '\ I ,---j *1 Bikeways Concrete Curb and Gutter Concrete Sidewalk Concrete Sidewalk Replacement Concrete Curb and Gutter for Median Construction Concrete Median Construction or Adjustment of Local Utilities Grading, Base and Bituminous Storm Sewer Driveway Upgrades Traffic Signals (communities larger than 5,000) 100% *4 100% o CITY SHARE 100% 50% 100% o o 0*' 100% o based on state aid letter*2 100% the cost of its legs of the intersection plus 1/2 the cost of the County legs of the intersection O*' *4 0>05 100% The County pays for 100% of a Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as red brick, stamped concrete, or exposed aggregate concrete, the local unit wiIl pay the additional cost above the cost of standard median. *2 In the event no State Aid is being used, drainage cost shares wiII be computed by proportions of total area to County area where the area of the road right-of-way is doubled prior to performance of the calculations. *3 In cities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective March 1986. The County coIlects on behalf of the cities (less than 5,000) 'Municipal State Aid DoIlars' since they do not themselves qualify for state aid funds. These funds are used to pay the City Share. *" Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8 % of the construction costs paid by that agency. *' Tn the event that the Township or City requests purchase of right-of-way in excess of those right-of-ways required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right- of-way, in which case the Township or City may pay for that portion of the right-of-way. Acquisition of right-of-way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not acquire sufficient right-of-way during the platting process or redevelopment process shall be paid by the Township or City. The County will replace all driveways in-kind. Upgrades in surfacing (i.e. gravel to bituminous, bituminous to concrete) shall be at 100% expense to the Township or City. dklcontractlrormll/cxlUbil.fm-1118193 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7 1QQ~ AGENDA SECTION NO. Non-Discussion Item ORIGINATING DEPARTMENT ITEM NO. Todd J. Haas, Engineering .p~ APPROVED FOR AGENDA Approve Change Order #4/93-2/ Pinewood Estates 2nd BY:~ /3. The City Council is requested to approve the resolution approving Change Order #4 to Project 93-2 for the improvement of sanitary sewer, watermain, street and storm drain construction in the area of Pinewood Estates 2nd Addition. Attached is Change Order #4. staff recommends approval. \ "-) MOTION BY: ,_ ) TO: SECOND BY: o ,J ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #4 TO PROJECT NO. 93-2 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF PINEWOOD ESTATES 2ND ADDITION, WHEREAS, the City of Andover has a contract for Project No, 93-2, Pinewood Estates 2nd Addition with Mille Lacs Contracting of Wahkon, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change order #4 to Project No. 93-2, MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of December , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J, E. McKelvey - Mayor Victoria Volk - City Clerk \ ~ ~ ~,~ CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners " Saint Paul, MN November 8 19~ Corom. No. 10364 4 Change Order No. Revised To Mille Lacs Contracting for Pinewood Estates 2nd Addition (93-2) for City of Andover. Minnesota You are hereby directed to make the following change to your contract dated June 15 , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (gQ9.Q~8Q) (R9t 9~7~ge) the contract sum by Three Thousand Six Hundred Fifteen and 07/100------------------Dollars ($ 3.615 07 ). Items included in this Change Order are as follows: Pinewood Estates 2nd Addition 1. Install Baffled Weir - Required by the Coon Creek Watershed District +$ 650.00 2. Grading backyards Lots 23 and 24, Block 3, to drain to CB 11-1 +$ 162.50 3. Repair and/or Raise Sanitary Sewer Service Risers - Jay Street +$1,171.97 4. Furnish Castings on Existing Catch Basins _ 147th Avenue NW +$ 383.40 Subtotal - pinewood Estates +$2,367.87 Woodland Pond Additional items required due to conflict with Gas Main: 1. Furnish and install 12" RC Apron/Trash Guard +$ 300.00 2. Furnish and install 128 SF Cable Concrete +$ 947.20 Subtotal - Woodland Pond +$1,247.20 NET CHANGE ORDER +$3,615.07 :~ " , '~J :-J CHANGE ORDER NO.4 COMMISSION NO. 10364 PAGE TWO Amount of Original Contract Additions approved to date (Nos. 1. 3 Deductions approved to date (Nos. Contract amount to date Amount of this Change Order (Add) (Degue~) Revised Contract Amount Approved CITY OF ANDOVER. MN Owner By Date Approved MIL~~~CTING r(~ . . - Contractor By I LAA ... ... J/-//-:/? . l~/ Date' (w..t C'b.~n:JQ<l) $ $ + $ $ $ + $ 382.040.60 88.232.15 0.00 470.272.75 3.615.07 473.887.82 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORA~ ~~_. &:::f:j - White - Owner* Pink - Contractor* CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7. 1993 AGENDA NO. SECTION ORIGINATING DEPARTMENT Non-Discussion Item Todd J. Haas, Engineeri~ APPROVED FOR AGENDA ITEM NO. Receive Petition/93-28/Watermain/ 13828 Round Lake Blvd. BY~ /9. The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of watermain, Project 93-28 in the area at 13828 Round Lake Boulevard. The watermain was recently constructed in this area as part of the construction of Round Lake Boulevard, Project 91-22 and 93-6. \~ ) MOTION BY: SECOND BY: 'j \._ I TO: , \ ~ \~) ~j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. BOULEVARD. 93-28 , IN THE AREA AT 13828 ROUND LAKE WHEREAS, the City Council November 19, 1993 improvements; and has received a petition, dated , requesting the construction of WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFOREJ BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is -0- 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular Meeting this 7th day of 19 93 , with Councilmembers December 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 q~-28 Date ~/?-13 rrld ~?LS nECEIVED NOV 1 9 1993 CITY Of ANUOVE~' Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements anitary sewer, storm sewer and streets (circle 0 with the costs of the improvement to be assessed against my benefitting property. etition is unanimous and the public hearing may be We would like to be assessed over a 5 year period. 51.ncerely, / ~~/ Je f~ CfhJ(d:-Jse.~ cp~..J Cfr'J~~h-/~e~ /) ~ ~';~(/:(>' LJ/~jJ /3r;;zr /!-v~ ~ Ro?<.v~ .l""h .?c..J Sf :;JcJ ;/ ) / J ,? :3 - / ,;:;. ~/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA NO. SECTION Non-Discussion Items ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM NO. Receive October Financial statements Daryl E, Sulander Finance Director~~ B~' ,;10. REQUEST The Andover City Council is requested to receive the October 1993 financial statements for the General, Water, Sewer and Central Equipment Funds. Please note: 1) The original estimated building and related permit revenue for 1993 has been surpassed. The amendments adopted August 17th and November 16th recognize and allocate revenue for another 150 new homes for 1993, for a total of 480 new homes. As of 10/31/93, 451 new home permits have been issued. 2) These statements include the amended budgets adopted by resolutions R016-93 on 1/19/93 and R186-93 on 8/17/93. The amendment adopted by resolution R275-93 on 11/16/93 will be incorporated into the November statements. 3) Fire Department expenditures include $53,000 of accrued point pay for December 1992 through September 1993. All point pay earned through October 31st was paid on November 24th. The accrual and actual payment amount will be reported on the November statements. 4) My projection for the year end surplus of General Fund revenue over expenditures for 1993 is approximately $60,000. 5) The Water and Sewer Funds third quarter billing has been prepared and released. The due date was November 5th. Water sales and revenue are only slightly lower than last year. The above normal rainfall so far this summer has been offset by the growth in the customer base. 6) The Central Equipment Fund is operating smoothly. Revenue and expenditures are within budget projections at this time. Should there be any questions regarding the information presented, please contact me prior to the meeting so I may have adequate time to research the question. MOTION BY: SECOND BY: '- TO: ~.J CITY OF NJDOVER YEAR TO DATE SU~1~ARIES GENERAL, WATER, SEWER AND CENTRAL EQUIPMENT FUNDS As of 31Cct93 Rev; sed Budget Year to Date Pcr'centage Actual Rel1\3ining GENERAL FUN D REV E N U E S ----------------------- ----------------------- GENERAL PROPERTY TAXES 1,296,030.00 654,030.33 49 BUSINESS LICENSES AND PERMITS 17,025.00 15,320.00 NCN-BUSINESS LICENSES & PERMITS Building Related 351,222.00 339,301.41 ( 10) Other 7,550.00 7,330.50 2 INTERGOVE~JMENTAL REVENUE 652,215.00 408,058.28 37 (KARGES FOR SERVICES ,.J Street Lighting 90,300.00 70,338.13 22 Other 27,600.00 49,107.68 (77) COURT FINES 37,000.00 26,908.27 27 SPECIAL ASSESS~1ENTS 3,000.00 1,662.92 44 MISCELLANEOUS REVENUE Inter'est Earned 44,000.00 13,472.20 69 Refunds and Reimbursements 31,000.00 5,118.05 83 Other 9,000.00 16,932.98 (88) TRANSFERS FROM OTHER FUNDS Fran Admin. Trust Fund 67,498.00 100 Fran TIF 1-1 Fund 24,000.00 100 Fran TIF 1-2 Fund 6,000.00 100 ------------ ------------ TOTAL GENERAL FUND REVENUE 2,663,440.00 1,660,328.75 37 ------------ ------------ ------------ ------------ , ) , " \ \.J CITY OF NmOVE R YEAR TO DATE SUW,ARIES GENERAL, WATER, SEWER AND CENTRAL EQUIP~\ENT tUNDS As of 310::t93 Revi sed Bud':Jet Ye~r to Date Per'centage Actual Rell\3ining G ENE R AL FUN 0 E X PEN D I T U RES ----------------------- ----------------------- MAYOR AND COUNCIl 45,633.00 32,143.20 29 NEWSLETTER 5,392.00 ',963.93 63 EUCTIONS 1,859.00 1,858.58 0 ADMINISTRATION 138,868.00 115,789.54 16 mN4W,L A[!I~INISTRATION 112,963.00 88,331.57 21 AUD IrING 10,750.00 10,750.00 ASSESSING 47,192.00 47,190.00 0 ATTORNEY 52,560.00 53,411.11 (1) PLANNING f.ND ZONING 52,974.00 39,484.08 25 n,ATA PRCCESSING 19,637.00 17,291. 85 11 , JTY HALL BUILDING 44,946.00 35,726.18 20 / --FIRE STATION BUILDING 33,161.00 29,076.38 12 PUf:LIC ~l)RKS BUILDING 19,870.00 21,957.62 ( 10) SENIOR CITIZEN'S CENTER 9,029.00 6,557.81 27 EQUIP~IENT BUILDING 2,980.00 1,734.35 41 CITY HALL GARAGE 952.00 692.36 27 ENGINEERING 81,455.00 62,436.44 23 ------------ ------------ TOTAL GENERAL GOVERmlENT 680,221.00 566,395.00 16 POLICE PROTECTION 425,004.00 317,353.83 25 FIRE PROTECTICN 272,085.00 190,668.26 29 RESCUE SERVICE 35,255.00 12,298.86 65 PROTECTIVE INSPECTlCN 186,273.00 141,627.71 23 CIVIL DEFENSE 3,472.00 994.06 71 Nm'AL CONTROL 10,255.00 7,369.12 28 ------------ ------------ TOTAL PUBLIC SAtETY 932,344.00 670,311.84 28 \ '--) ,) CITY OF ANDOVER YEAR TO DATE SU~NARIES GENERAL, WATER, SEWER N~D CENTRAL EQUIP~IENT FUNDS As of 31Cd93 Re vi sed Bud'3et Year to Date percentage Actual Remainin'3 G ENE R A L FUN D E X PEN D I T U RES ----------------------- ----------------------- STREETS Ar~ HIGHWAYS 235,547.00 198,646.58 15 SNOW N~D ICE REI1JVAL 167,820.00 92,577.32 44 STORM SEWERS 24,507.00 14,670.05 40 STREET LIGHTING 18,750.00 12,261.78 34 STREET SIGNS 39,106.00 22,970.10 41 TRAFFIC SIGNALS 9,840.00 5,515.02 43 STREET LIGHTS-BILLED 70,724.00 54,547.27 22 TREE PRESERVATICN/MAINT 21,735.00 13,569.91 37 WEED CONTROL 8,733.00 1,067.62 87 RECYCLING 40,911.00 36,722.89 10 ) ------------ .----------- - TOTAL PUBLIC WORKS 637,673.00 452,548.54 29 PARKS AND RECREATION 249,292.00 163,157.98 34 ECONOMIC DEVELOPMENT 20,507.00 18,038.56 12 UNfHO:ATED 90,620.00 20,953.00 76 ornER FINN~CING USES 52,783.00 27,621.55 47 ------------ ----.------- TOTAL GENERAL FUND EXPENDITURES 2,663,440.00 1,919,026.47 27 ---- -- -- ---- ------------ ------------ ------------ , ,,) ) CITY OF ANDOVER YEAR TO DATE SU~W.RIES GENERAL, WATER, SEWER AND CENTRAL EQUIP~IENT FUNDS As of 3 tC\::t93 Re vi sed Budget Year to Date Percentage Actual Rell\3ining \I ATE R FUN D REVENUES ------------------- ------------------- ~'Am SALES 320,710.00 225,545.72 29 I~ETER SALES 28,800.00 46,760.00 (62) PER~UT FEES 12,000.00 20,007.50 (66) MISCELLANEOUS REVENUES 14,000.00 10,931.25 21 ------------ ------------ TOTAL \lATER FUND REVENUE 375,510.00 303,244.47 19 -."---------- ------------ ------------ .----------- \ \I ATE R FUN D ) EXPENSES ------------------- ------------------- SOURCE, STORAGE AND TREATMENT 115,489.00 58,176.08 49 DISTRIBUTION 147,175.00 136,752.73 7 ADMINISTRATION 112,846.00 48,022.60 57 ------------ ------------ TOTAL \lATER FUND EXPENSES 375,510.00 242,951.41 35 ------------ ------------ ------------ ------------ ,J " ~j lIlY Or NjOOVt~ YEAR TO DATE SU~j,1ARIES GENERAL, WATER, SEWER N1D CENTRAL EQUIP~IENT FUNDS As of 31Cd93 Revi :,ed Bud'~et Year to Date Per'centclge Actual Rem3ining SEW E R FUN D REVENUES ------------------- ------------------- SEWER CHARGES INTEREST REFUNDS AND REH'3URmIENTS TRANSFER FRCM SEWER Ca1N. FUND 488,900.00 4,500.00 385,291.70 21 3,417.59 24 38.10 30,500.00 100 TOTAL SEWER FUND REVENUE 523,900.00 388,747.39 25 -~---------- ------------ ------------ ------------ \ ; '---' SEW E R FUN D E X PEN S E S -------------------- -------------------- COLLECTION Metropolitan ~aste Control 336,168.00 280,140.00 16 Other Expenses 99,965.00 46,654.09 53 ADmNISTRATION 87,767.00 34,741.07 60 ---------..-- ------------ TOTAL SE~ER FUND EXPENSES 523,900.00 361,535.16 30 ------------ ------------ ------------ ------------ , , ,~~ , " \ J CITY OF ANDOVER YEAR TO DATE SU~t1ARIES GENERAL, WATER, SEWER AND CENTRAL EQUIP~IENT FUNDS As of 31Cd93 Revi sed Budget Year to Date Percentage Actual Remaining CENTRAL EQUIPMENT FUND REVENUE ---------------------- ---------------------- CHAf:GES FOR SERVICE EQIJIP~IENT RENTALS 143,948.00 101,961. 00 25 TOTAL CHARGES FOR SERVICE 143,948.00 101,961.00 25 MISCELLfNEOUS REVENUE INTEREST EARNED 2,000.00 1,153.51 42 SALE OF USED EQUIPI.IENT - REIMlIJRSEMENTS ,) USE OF W]RKING CAPITAL 10,000.00 100 ------------ ------------ TOTAL MISC REVENUE 155,948.00 109,114.51 30 ------------ ------------ TOTAL REVENUE 155,948.00 109,114.51 30 ------------ ------------ ------------ ------------ CENTRAL EQIJIP~lENT FUNO EXPENSES ---------------------- ---------------------- TOTAL FUND EXPENSES 31,122.00 24,853.44 21 16,131.00 43,913.51 42 11,780.00 15,409.00 13 16,100.00 13,538.61 15 13,509.00 100 ------------ ------------ 155,948.00 98,262.17 36 ------------ ------------ ------------ ------------ PERSONAL SERVICES OPERATING SUPPLIES & MAINT IN~; URANCE CCNTRACTUAL SERVICES CCNTINGENCY \ --j /' " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7. lqq~ AGENDA SECTION NQ Non-Discussion Item ORIGINATING DEPARTMENT ITEM NO. Todd J. Haas, Engineering~ APPROVED FOR AGENDA Approve Change Order i1/93-11/ Emerald Glen ~/ Dl/. The City Council is requested to approve the resolution approving Change Order i1 to Project 93-11 for the improvement of sanitary sewer, watermain, street and storm drain construction in the area of Emerald Glen. Attached is Change Order i1. Staff recommends approval. " \ ,-j MOTION BY: SECOND BY: r- '- ) TO: u u o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 93-11 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF EMERALD GLEN WHEREAS, the City of Andover has a contract for Project No. 93-11, Emerald Glen with Inland utility Contracting of St. Michael, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the city Council of Andover to hereby approve change order #1 to Project No. 93-11. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of December , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J, E. McKelvey - Mayor Victoria Volk - City Clerk (j " ~~ , '\ 'J CHANGE ORDER TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN November 17. 19~ Comm. No. 10454 Change Order No. -1-- To Inland Utility Contracting for Emerald Glen 193-11l for City of Andover. Minnesota You are hereby directed to October 5 is subject to all contract (~~Lease) (d$Cr~a~e) (not make the following change to your contract dated , 19~. The change and the work affected thereby stipulations and covenants. This Change Order will change) the contract sum by No and - - - - - - - - - - - no/100 Dollars ($ 0 00 ) . This Change Order extends the completion date for substantial completion from November 30, 1993 to December 7, 1993. NET CHANGE = 0.00 Amount of Original Contract $ Additions approved to date (Nos. $ Deductions approved to date (Nos. $ Contract amount to date $ Amount of this Change Order (~(~d~cC) (Not Changed) $ Revised Contract Amount $ 180.952.55 o 00 0.00 180.952.55 0.00 180.952.55 Approved CITY OF ANDOVER. MN TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIA ES, INCORPORATED Owner By By Date White - Owner* Pink - Contractor* Blue - TKDA CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA SECTION NO. Non-Discussion Item ORIGINATING DEPARTMENT Todd J. Haas, Engineering . ~ APPROVED FOR AGENDA ITEM NO. Approve Final Payment/92-24/ Andover Blvd. BY~ d:l. The City Council is requested to approve the resolution accepting work and directing final payment to Mille Lacs Contracting, Inc. for Project 92-24 for the improvement of sanitary sewer, watermain, street and storm drain in the area along Andover Boulevard between Crosstown Boulevard and Hanson Boulevard. Attached is a letter from TKDA recommending approval. ~) MOTION BY: '- ) TO: SECOND BY: .' '\ \J ~) () CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MILLE LACS CONTRACTING, INC. FOR PROJECT NO. 92-24 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: ANDOVER BOULEVARD BETWEEN CROSSTOWN BOULEVARD AND HANSON BOULEVARD WHEREAS, pursuant to a written contract signed with the City of Andover on May 18 , 19 93, Mille Lacs Contracting, Inc. of Wahkon, MN --nas satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of December , 19 93 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk , " I V TKDA TOLTZ. KINO. DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS. ARCHITECTS. PLANNERS 1 SOO PIPER JAFFRAY PlAZA 444 CEDAR STREET SAINT PAUL. MINNESOTAS5101.2140 PHONE:6121202-4400 FAX:6121202.o083 November 30, 1993 Mr. Daryl Sulander Acting Administrator 1685 Crosstown Boulevard NW Andover, Milmesota 55304 Re: Andover Boulevard NW MSA Utility and Street Improvements MSAP 198-108-08 City Project 92-24 City of Andover, Minnesota Conunission No. 10312 Dear Mr. Sulander: ." , , ',j The above referenced project, including fmal punch list items, has been completed. The fmal contract amount is $319,556.83. The original contract amount was $320,174.55. The construction cost estimate in the Feasibility Report dated December 10, 1992 was $333,230.00. Enclosed please fmd the following for your review and City Council approval: "3 1. Change Order No. ~(Compensating) 2. Certificate No.4 (Final) 3. Project Close-out Documentation a. Withholding Affidavit for Contractors (IC-134) b. Bonding Company Consent Letter c. Mille Lacs Contracting, Inc. Certification Letter of 9-21-93 I recommend approval of Certificate No.4 (Final) in the amount of $27,279.83. If you have any questions, please call. s~~~ Thomas A. Syfko, P.E. \ '-_/ T AS/mha Enclosures CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7. 1993 ITEM NO. Todd J. Haas, Engineering -r'~ APPROVED FOR AGENDA AGENDA SECTION NQ Non-Discussion Item ORIGINATING DEPARTMENT Approve change Order #2/92-3/ Pinewood Estates Phase I BY:~/ 013. The city Council is requested to approve the resolution approving Change Order #2 to project 92-3 for the improvement of sanitary sewer, watermain, street and storm drain construction in the area of pinewood Estates phase I, Attached is Change Order #2. Staff recommends approval. .- J -. MOTION BY: SECOND BY: ,. , '-_ TO: , \ l, j , "- :' ) -'---' I ) '-- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2 TO PROJECT NO. 92-3 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF PINEWOOD ESTATES PHASE I WHEREAS, the City of Andover has a contract for project No. 92-3, pinewood Estates Phase I with S.J. Louis Construction, Inc. of st. Cloud, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change order #2 to Project No. 92-3. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 7th day of December , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E, McKelvey - Mayor victoria Volk - City Clerk l i' CHANGE ORDER j' \ . \..../ TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Flanners Saint Paul, MN November 2. 19~ Corom. No. 10103 Change Order No. -Z-- To S J Louis Construction for Finewood Estates (92-31 for City of Andover. Minnesota You are hereby directed to Auaust 4 is subject to all contract (increase) (~Q8~eRee) (~9t Seven Hundred Si,<ty-eight make the following change to your contract dated 19~. The change and the work affected thereby stipulations and covenants. This Change Order will gRaR~) the contract sum by Four Thousand and 50/100 Dollars ($ 4.768.50 I. This change order provides for the following: 1. Sod Area Disturbed Near School + $4,257.00 2. Clean Out Catch Basin Sumps, caused by Builders + $1,200.00 " ) 3. Remove and Replace Concrete Curb and Gutter Damaged by Builders + $1,008.00 4. Clean Out Sanitary Sewer - $1. 696.50 NET CHANGE ORDER + $4,768.50 Amount of Original Contract $ Additions approved to date (Nos. $ Deductions approved to date (Nos. $ Contract amount to date $ Amount of this Change Order (Add) (lKaHt) (NeL eI.-"u!:j'Cd) $ Revised Contract Amount $ 696.335 00 0.00 o 00 696.335.00 + 4.768.50 701. 103.50 I~w~;. ~ate TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORA~ By Th&:fe 6 Approved CITY OF ANDOVER. By 7,g /~~-- MN White - Owner* Fink - Contractor* Blue - TKDA ,. -..... \..J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 Non-Discussion Item Todd J. Haas, Engineering ~ APPROVED FOR AGENDA AGENDA NO. SECTION ORIGINATING DEPARTMENT ITEM NO. Approve Final payment/92-3/ pinewood Estates Phase I B~ t91. The City Council is requested to approve the resolution accepting work and directing final payment to S,J. Louis Construction, Inc. for Project 92-3 for the improvement of sanitary sewer, watermain, street and storm drain in the area of Pinewood Estates phase I. Attached is a letter from TKDA recommending approval. / '-- MOTION BY: SECOND BY: '- TO: , 'I \J (-) o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO S.J. LOUIS CONSTRUCTION, INC. FOR PROJECT NO, 92-3 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: PINEWOOD ESTATES PHASE I WHEREAS, Andover on Construction, completed the pursuant to a written contract signed with the City of August 4 , 19 92, S.J. Louis Inc. of st. Cloud, MN --nas satisfactorily construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this day of 7th December , 19 93 , with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk \ ~) TKDA TOLTZ. KINO. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS. ARCHITECTS. PLANNERS November 10, 1993 1500 PIPERJAFFRAV PLAZA ..... CEDAR STREET SAINT PAUL. MINNESOTA 55101.2140 PHONp:61mg2-4400 FAX:.,2/202-0083 Mr. Daryl Sulander City of Andover 1685 Crosstown Boulevard NW Andover,~esota 55304 Re: Pinewood Estates - Phase I City Project 92-3 City of Andover, Minnesota Commission No. 10103 Dear Mr. Sulander: The above referenced project, including [mal punch list items, has been completed. The [mal contract amount is $704,394.12. The original contract amount was $696,335.00. The construction cost estimate for Phase I in the Feasibility Report dated May 28, 1992 was as follows: '. Phase I - Phase II - Phase III - Total $659,680.00 $246,960.00 $258.900.00 $1,165,540.00 ...../ NOTE: Part of Phase II construction was actually constructed with Phase I. Enclosed please find the following for your review and City Council approval: 1. Change Order No.2 2. Change Order No.3 (Compensating) 3. Certificate No.7 (Final) 4. Project Close-out Documentation a. Withholding Affidavit for Contractors (IC-134) b. Bonding Company Consent Letter c. Lien Waivers I recommend approval of Certificate No.7 (Final) in the amount of $41,588.03. If you have any questions, please call. ". ~ ./ S~4Ik- Thomas A. Syfko, P.E. T AS/mha Enclosures DATE: December 7, 1993 ITEMS GIVEN TO THE CITY COUNCIL Planning and zoning Minutes - November 9, 1993 Tree Commission Minutes - November 15, 1993 Special Closed City Council Minutes - November 16, 1993 Special City Council Minutes - November 16, 1993 City Council Minutes - November 16, 1993 Park and Recreation Commission Minutes - November 18, 1993 Special City Council Minutes - November 18, 1993 Planning and zoning Commission Minutes - November 23, 1993 Letter from John Davidson, TKDA - November 19, 1993 Letter from Patricia Kuderer - November 29, 1993 November 1993 Building Report - December 2, 1993 Fire Department Information Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. 0/ TKDA ffi tQ-I-~ TOLTZ. KING, DUVALL. ANDERSON AND ASSOCIATES. INOORPORATED ENGINEERS. ARCHITECTS' PLANNERS 1500 P1PERJAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL. MINNESOTA55101-2140 PHONE:612/ZG2-4400 FAX:612/ZG2-o063 November 19, 1993 Honorable Mayor and City Council ilndover,~esota Re: City Council Meeting November 16, 1993 Commission No. 9140-993 Dear Mayor and Council Members: The following is a summary of engineering matters discussed and action taken at the Regular Council Meeting and Continued Public Hearing on Tuesday, November 16,1993: 1. Project 89-18 - Coon Rapids Storm Water System - Continued Public Hearing Comm, No. 9140-003 The amended assessment to delete interest charges, for "Lateral Storm Sewer" only assessed and "Deferred" in 1989 were presented. Council Action: TIle Council closed the Public Hearing. The Council by resolution adopted the assessment roll as presented and directed the City Clerk to submit the certified assessments to the County Auditor. 2. Project 92-18/92-29 - Jay Street Watts Garden Acres - Echo Woods Addition Comm. No. 10348-03 The assessment costs for the above discussed projects have been declared acceptable by all owners of properties affected by the assessments. Council Action: TIle Council by resolution accepted the a'lSessment roll a~ presented a..'1d directed the City Clerk to submit a certified copy of the assessment to the ilnoka County Auditor. 3. Annual Improvement Program Guidelines The City Council adopted the Annual Improvement Program Guidelines with amendment as follows: Section 4 - Developer Responsibilities Subdivision 4 - Developer Guarantees Subparagraph 4 - Re-write to read: "City Council authorized and approved public improvements. . Honorable Mayor and City Council November 19, 1993 Page 2 Section 6 - Improvements Ahead of Schedule - Add Subdivision E. to read: "All improvements to be constructed ahead of schedule shall be fully rmanced by the developer. A secured letter of credit or such other surety as required by the City Council must be deposited with the City prior to MX construction on the site. Said surety shall include anticipated City costs including engineering, design, testing and inspection services." Section 8 - Non-municipal Utilities - Delete Subdivision B in its entirety. 4. Consent Agenda The Council approved without further discussion the agenda items by one motion as follows: A Approved TKDA as temporary City Engineer. Mr. James Schrantz, P.E., Administrator and City Engineer, has resigned for health reasons. The Council appointed TKDA and Associates to act as Interim Registered Professional Engineer until such time as a licensed professional engineer is employed by the City. There being no further engineering matters, the Engineer was excused at approximately 11 :30 Sincerely, JLD/mha ~ 18~1-q3 ~ HOFF & ALLEN PROFESSIONAL ASSOCIATION GEORGE C. IImy' TED A. ALLEN THOMAS G. BARRY, JR. PATRICIA E. KIlDERER DAVID R. KRACUM PAULA A. CALLIES PETER M. ScHAUB " TELEPHONE (612) 941-9220 1-800-989-9220 FAX (612) 941-7968 -ALSO ADLOTTBD IN WISCONSIN November 29, 1993 ATTORNEY/CLIENT PRIVILEGE Mr. Doug Gronli LEAGUE OF MINNESOTA CITIES 3490 Lexington Ave. N. St. Paul, MN 55126 Mr. Bob Weisbrod BERKLEY RISK SERVICES, INC. 920 Second Avenue South Suite 700 Minneapolis, MN 55402-4023 J:11F' ;j' It' 17';r ?,!!:< --~~.'i Y.f!.:"J) NOV 30 1993 CITy CJr- " i-\iVDoV€R Mr. James Schrantz City Administrator Andover City Offices 1685 Crosstown Blvd. NW Andover, MN 55304 RE: Steinke v. Citv of Andover. et al Our File No: 2266-030 GAB File No: 56542-09169 Court File No: CO-91-572 Gentlemen: Enclosed please find a copy of the Court of Appeals decision in connection with the above- referenced matter. The Court reversed Judge Muehlberg's grant of summary judgment to the City of Andover based upon immunity afforded under MS ~466.03, Subd. 13, after finding a "factual dispute" existed as to whether Andover had "improved" real property in Forest Meadows Park. The nexus argument, essentially, that there must be a connection between improvements made by a municipality and the accident scene before immunity is extinguished, wasn't even addressed. G: \ WPDA T A \2266-030IADIU3B29 .LTR 7901 FLYING CLOUD DRIVE, 6260'EDEN 1'RAnuE, MINNEsOTA 55344-7914 RED WING OmcE'608 MAIN STREET' RED WING, MINNESOTA 55066'(612)388-3867 Mr. Doug Gronli Mr. Bob Weisbrod Mr. James Schrantz, November 29, 1993 " Page Two The Court found additional factual disputes (whether drainage ditch is an improvement; whether pipeline trail is an improvement; whether pipeline construction enlarging the ditch is an improvement) to preclude immunity under MS ~466.03, Subd. 6(b). Lastly, they found a factual dispute as to whether the "ditch and pipeline trail were hidden and dangerous conditions" preventing application of MS ~466.03, Subd. 6(e). What is quite disturbing about this opinion is that by finding these factual disputes, the Court of Appeals is essentially saying that the immunity afforded under the aforementioned statutes is illusory and must be determined by the trier-of-fact as opposed to the Court. This is against the well-established rule that immunities are legal issues to be decided by the Court. Because there is no other appellate case law on the unimproved real property immunities in this State, it may be worth it to petition the Supreme Court for review. Please call me after you have had an opportunity to review the decision and let me know if a Petition is authorized. Si~elY, . ~ /'tiit;~t jI,;L t Patricia E. Kuderer HOFF & ALLEN, P.A. PEK:lp Enclosure cc: Ms. Carla Heyl League of Minnesota Cities HOFF & ALLEN, P.A. ArrORNEYS & COUNSELORS CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: Mayor and City Council City Departments David Almgren December 2, 1993 REFERENCE: NOVEMBER 1993 MONTHLY BUILDING REPORT I hereby submit the following report of the Building Department for the Month of November 1993: BUILDING PERMITS 40 Residential (38 Sewer/2 Septic) 2 Garages 1 Commercial Building 7 Chimney/Stove/Fireplace 1 Structural Change 3 Porches/Decks -! Repair Fire Damage 55 APPROXIMATE VALUATION $ 3,737,000.00 15,400.00 26,500.00 12,300.00 500.00 7,940.00 26,903.71 $ 3,826,543.71 FEES COLLECTED 25,291. 45 60.00 286.00 1,045.00 75.00 950.00 2,779.00 50.00 207.50 280.00 210.00 1,900.00 160.00 325.00 190.00 50.00 570.00 285.00 30.00 $ 34,743.95 PERMITS 55 Building Permits 2 Demolition 1 Pen1i t Renewal 34 Heating Permits 3 Heating Repair 38 Hook Up (Sewer) 28 Plumbing Permit 2 Plumbing Repair 83 Pumping Permits 8 Septic Permits 6 Septic Repair 38 Water Meter Permits 40 Certificates of Occupancy 13 Contractor's License 38 License Verification Fee 10 Health Authority Form 38 Sewer Administration Fee 38 SAC Retainage Fee 1 Reinspection Fee NOVEMBER MONTHLY REPORT Decemberl 2, 1993 Page Two Total BJi1ding Department Total BJi1ding Department Total V~luation--November Total V~luation--YTD 1993 Total NUmber of Houses YTD - Total Number of Houses YTD - Income--November Income--YTD 1993 1993 1993 1992 DA/jp 491 456 1993 $ 34,743.95 470,022.49 3,826,543.71 51,515,233,71 ANDOVER VOLUNTEER FIRE DEPARTMENT TOTAL FIRE AND EMS CALLS FOR THE MDNTH OF OCTOBER 1993 DAY/ MTH aTR YTD CALL RESP SCENE FIRE/ NIGHT/ # PRI COUNTY I # # DAY TIME TIME TIME EMS WEEKEND ADDRESS REASON RESP STA INC # --- --- --- --- ----- ----- ----- ----- --------. ------------------------ ---------------------------- ----- ---. ------ 1 1 327 I 18:33 18:36 18:39 FIRE NIGHT IW) 2436 136TH LN ELECTRICAL FIRE IN THE OVEN 10 1 10558 2 2 328 1 23:05 23:10 23:14 FIRE NIGHT W) 2109 135TH LN SMELL OF RUBBER BURNING 8 I 10569 3 3 329 3 14:53 14:55 14:57 FIRE DAY {W BEHIND DOWNTOWN CENTER FENCE ON FIRE 12 1 10640 4 4 330 3 16:32 16:32 16:35 EMS DAY W 2537 138TH AVE APT 11 ADULT F - INSULIN REACTION 12 1 10647 5 5 331 3 17:41 17:42 17:44 EMS DAY W 2600 138TH AVE APT 14 10 YO - HEAD LACERATION 12 1 10651 6 6 332 4 16:34 16:36 16:38 FIRE DAY 3272 139TH AVE P.I. ACCIDENT 9 1 10687 7 7 333 5 15:43 15:47 15:47 EMS DAY 2464 138TH AVE 14 YO - FRACTURED NOSE 4 1 10713 8 8334 5 17:55 17:58 CANC FIRE DAY BUNKER & RR TRACKS P.I. ACCIDENT 8 3 10725 9 9 335 6 08:32 08:32 08:37 EMS OAY 1153 138TH AVE II MO - IN SEIZURES 8 1 10747 10 10336 6 11:57 11:59 12:03 EMS DAY 1748 ANDOVER BLVD 80 YO - FALLEN & WEAK 10 1 10763 11 11 337 7 15:42 15:45 15:49 FIRE DAY 137TH LANE & aUINN 5T FIRE IN THE STREET 3 I 10821 12 12338 7 17:54 17:57 17:58 FIRE DAY 14547 7TH AVE P.I. ACCTDENT 9 1 10827 13 13339 8 00:00 00:06 00:12 EMS NIGHT 3451 152ND LN MALE - SEVERE STOMACH PAIN 5 2 10847 14 14 340 8 16:00 16:02 16:10 EM5 DAY 16800 VALLEY DR 88 YO - BACK INJURY 8 2 10869 15 15 341 8 20:00 20:00 20:04 EMS DAY (WI 3429 133RD LN FEMALE - BACK INJURY 7 1 10882 16 16 342 9 17:01 17:04 17:06 EMS DAY (W 2562 133RD LN 15 YO - THREATENING SUICIDE 7 1 10914 17 17343 921:11 21:14 21:18 EMS NIGHT W) 17707 AZTEC ST SEVERE ASTHMA ATTACK 7 2 10924 18 18 344 11 00:29 00:31 00:37 FIRE NIGHT W) 3631 BUNKER LAKE BLVD CANOPY OVER GAS PUMPS ON FIRE 12 1 10964 19 19345 11 16:27 16:30 16:36 EMS DAY 16163 GENIE DR MALE - IN SEIZURES 12 2 10988 20 20 346 12 22:00 22:04 22:05 EMS NIGHT 2461 BUNKER LAKE BLVD 4 YO - DIFFICULTY BREATHING 12 1 11043 21 21 347 14 12:46 CANC CANC FIRE DAY 15950 XENIA ST FIRE AND BURGLAR ALARM 8 2 11084 22 22 348 17 02:14 02:20 02:23 EMS NIGHT {W) 15641 SILVEROD ST ELDERLY MALE _ CHEST PAIN 5 2 11190 23 23 349 17 18:17 18:17 18:23 FIRE NIGHT W) 14041 ROUND LAKE BLVD 20# PROPANE TANK LEAKING 17 1 11206 24 24 350 17 18:27 18:28 18:30 FIRE NIGHT W) 15012 ROUND LAKE BLVD POSSIBLE HOUSE FTRE 27 1 11207 25 25 351 17 20:15 20:19 CANC EMS NIGHT (W) 3915 145TH AVE 11 MO - FELL DOWN 5TAIRS 9 1 11213 26 26 3S2 18 16:42 16:46 16:49 FIRE DAY 13388 UPLANDER ST FIRE OUT (BEDROOM) 10 1 11238 27 27353 2008:1008:11 08:14 FIRE DAY HANSON BLVD & 139TH LN P.I. ACCIDENT 10 I 11296 28 28 354 2021:0321:04 21:14 EMS NIGHT 17940 AZTEC ST CHEST PAIN/DIFF BREATHING 14 2 11318 29 29355 2205:04 05:10 05:12 EMS NIGHT 4462 149TH LN FAMILY OF 5 ALL SICK 11 1 11350 30 30 3S6 22 10:/9 CANC CANC FIRE DAY 6013 EDGEWOOD DR MUTUAL AID _ HAM LAKE 6 3 11357 31 31 357 22 12:17 12:21 12:27 FIRE DAY 15542 DAKOTA ST SMOKE FROM THE WOODS 12 2 11364 32 32 358 22 19:46 19:49 19:51 EMS NIGHT JW) 2556 138TH AVE OOMESTIC ASSAULT 7 1 11391 33 33 359 22 21:39 21:40 21:44 FIRE NIGHT W) 181ST ST & BLUEBIRD ST FIRE IN THE ROAD 7 3 11394 34 34 360 23 17:04 17:05 17:09 FIRE DAY (W BUNKER EAST OF CROSSTOWN P.I. ACCIDENT 14 1 11428 35 35 361 24 14:01 14:02 14:04 FIRE DAY (W 14416 BUTTERNUT ST BRUSH FIRE 8 3 11474 36 36 362 25 04:12 04:16 CANC EMS NIGHT W) 1536 147TH AVE 3 YO - SEIZURES/HIGH TEMP 6 3 11509 37 37 363 25 07:00 07:02 07:14 FIRE DAY 4464 145TH LN BRUSH FIRE 9 1 115/0 3B 38364 26 17:34 17:35 17:40 FIRE DAY 174TH AVE & ROUND LAKE P.I. ACCIDENT 11 2 11577 39 39 365 27 17:41 17:46 17:49 EMS DAY 3815 157TH AVE 71 YO - BLOOO IN STOOLS 5 2 11608 40 40 366 27 20:26 20:27 20:29 EMS NIGHT 198 OLD CONSTANCE BLVD 2 WK OLD - NOT BREATHING 8 3 11616 41 41 367 28 10:40 10:43 10:50 FIRE DAY 17800 PALM ST RESIDENTIAL FIRE ALARM 10 3 11638 42 42368 2816:33 16:3S 16:35 EMS DAY 13725 CROSSTOWN BLVD CAR -VS- BICYCLE P.I. 8 1 11650 43 43369 29 13:54 13:56 13:58 FIRE DAY HANSON BLVD & BUNKER P.I. ACCIDENT _ ROLLOVER 9 1 11688 44 44 370 29 17:53 17:57 18:02 FIRE DAY 3617 140TH LANE BRUSH FTRE 14 1 11700 45 45 371 30 15:53 15:5S 15:59 FIRE DAY (W~ 4359 155TH AVE BRUSH FIRE 5 2 11743 46 46372 30 18:23 IB:27 lB:29 FIRE NIGHT W) 3037 BUNKER LAKE BLVD P.I. ACCIDENT 15 1 11751 47 47373 31 \6:5216:54 16:58 FIRE DAY (W 4121 160TH LANE ILLEGAL BURN 5 2 11803 48 4B 374 31 17:49 17:52 17:54 FIRE DAY (W) 2937 8UNKER LAKE 8LVD P,I. ACCIDENT 11 1 11804 COUNCIL COpy 11/07/93 TOTALS NTH aTR YTD # # # 456 9.5 7 7 57 EMS DAY 5 5 42 EMS NIGHT 4 4 28 EMS WEEKEND iDAY) 5 5 48 EMS WEEKEND NIGHT) 21 21 175 EMS TOTAL 14 14 85 FIRE DAY o 0 36 FIRE NIGHT 6 6 34 FIRE WEEKEND (DAY) 7 7 44 FIRE WEEKEND (NIGHT) 27 27 199 FIRE TOTAL 21 21 142 TOTAL DAY 5 5 78 TOTAL NIGHT 10 10 62 TOTAL WEEKEND (DAY) 12 12 92 TOTAL WEEKEND (NIGHT) 31 31 204 TOTAL DAY 17 17 170 TOTAL NIGHT 48 48 374 GRAND TOTAL ORILLS & MEETINGS ----------------------------- 10/06/93 DRILL 31 10/13/93 DRILL 32 10/20/93 DRILL 29 10/27/93 BUSINESS MEETING 35 127 STATION CALLS CURRENT ~ OF MONTH YTD TOTAL - ----------------------------------------------- STATION I STATION II STATION III 29 203 54.28t 12 100 26.m 7 71 18.98~ 48 374 ----------- ~---------- c,~ 1 ~q'?> I:) - ~ 1-9 ~ e-/;o ~ -d: \v- (. ~, ~ ?~~~ -~'l'vn".~_ ~/~.._~-~. 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J,p ~~Ci.;;.;C_ -~.(.,.L.'k~-'F ;)..,iC= 1': 6?-;3, . ~. ~~ ~._--- ...._... ._u . . ....i.}n~]~:~i~~~-~:~ . . .. _~:m_-------~~{---~------------ 'U_n'_', D~ ~ 4-~------,-..~------fm.b~-- \j=J~ ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA SECTION NO. Approval of Claims ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM NO. Amended Approval of Claims Daryl E. Sulander ~~~ Finance Directo~ ~d REQUEST The Andover City Council is requested to approve total Claims in the amount of $ 354,317.82. BACKGROUND Adjustment of $ 957.05 for disbursements on 10/15/93 for postage and sales tax omitted from claims total on edit list dated 10/19/93. Claims totaling $ 7,108.24 on disbursement edit list #1 dated 11/23/93 have been issued and released. Claims totaling $ 346,252,53 on disbursement edit list #2 dated 12/07/93 will be released upon Council approval. Claims totaling $ 0.00 will be disbursed by wire transfer for bond payments due on n/a . SUMMARY Adjusted from 10/19 edit list $ Disbursement edit list #1: Disbursement edit list #2: Disbursements by wire: 957.05 7,108.24 346,252.53 0.00 Total Claims: ------------- $ 354,317.82 ============== MOTION BY: SECOND BY: TO: I~ ~ 0~#~c~/ y~~~~~ ~~~~r24'_d- ~~ ~ ~ ~. /e324:: ~~d..;~~ ~ ~ -' z;."..e<~.:z-dG ~7Z4G~~ ~ -/n ~ ~ '(j--'.4--. ~, J!1 ~ .s:' ~ ~d5" CAn -sy .5"0 /il//tv Jvht!#l S"aMecrhe j- cldne 5"C! Mud;. ~~~k ./ 2") (,..., I ., (,. I.. ,..., COUNCIL COpy Q.G la-I.-(-cg ~ \ CJ:, IJ-'1-Ci3 1993 ANOKA COUNTY HOilfE SALES Current Activity: Sillgle Family Homes Preptl/'ed by: The Anoka County Association ofREALTORS@ Jean M. Gage, Director of Public Affairs This sales recap shows a comparison between year-to-date activity for both 1992 and 1993. The infonnation is updated monthly, and is provided to you as a service ofilie Anoka County Association ofREALTORS@. Unit Sales Unit Sales Median Median Average Jan-Oct 93 Jan-Oct 92 Sold Price 93 Sold Price 92 Sale Price 93 Anuover 325 328 107,900 100.025 118:414 Anoka 140 148 82.900 80.900 84 435 Bethel East Bethel 116 115 90.750 81.250 91:584 Blaine 373 429 89.900 86.900 96 823 Centerville, Lino Lakes 213 254 115.000 105:618 125.928 Circle Pines. Lexinlrton 60 81 85.400 82 000 93.403 Columbia Heimts. Hilltoo 157 210 73.500 72. 000 73,768 Columbus Township, Linwood Townshio 84 77 95.933 93:900 102: 724 Coon Raoids 622 811 92.500 89 000 98 404 Fridlev 131 172 87,500 83,500 92,483 Ham Lake 81 110 98:000 91.550 104:868 Ramsev 196 183 89.900 97 800 109207 St. Francis. Oak Grove Twnso, Burns Twnso 95 117 94: 000 91. 000 99:051 Soring: Lake Park 104 III 84 900 82.000 89.136 Elk River 175 217 100.000 89:000 103.232 Bil!: Lake 88 93 79.950 75 500 83.384 Anoka County 2,697 3.146 94.250 88.809 98.583 Metro Area 24.756 26.823 9.8..,,30Q, 9:J~.QQ 115.315 This infonnalion was gatheredfrom the October 1993 Regional Monthly Sold Book of the Multiple Listing Service of Minnesota. 17lis infonnatiOll outlines the activities ofRE4.LTORScE lVithi" the metropolitan area, and does 1Iot accountfor sales by non-REALTORScE. The Anoka County Association of REALTORS@ is "Tlte Voice for Real EstaJe" representing over J,()(J(J memben involved In all asp~cts ofth~ r~aL estaJe Imutstry. A CAR is th~ northern metropolitans wgest trade and professional association, representing members 111 Anoka and Sherbllrne Cormties. ,if ... ~ 18-1-QS . ; HOFF & ALLEN PROFESSIONAL ASSOCIATION GEORGE C. HoFf" TED A. ALLEN THOMAS G. BARRY. JR. PATRICIA E. KUDERER DAVID R. KRACUM PAULA A. CALLIES PETER JIf. ScIIAUB TELEPHONE (612) 941.9220 1-800-989.9220 FAX (612) 941-7968 -",.so ADMJT'TBD IN WIscaiSIM December 2, 1993 Mr. Doug Gronli LEAGUE OF MINNESOTA CITIES 3490 Lexington Ave. N. St. Paul, MN 55126 ~~ C~)V: IJfC '~l) C/ry .3 OF' 199J "1 J\I D OV~fl> Mr. Bob Weisbrod BERKLEY RISK SERVICES, INC. 920 Second Avenue South Suite 700 Minneapolis, MN 55402-4023 RE: Steinke v. City of Andover. et al Our File No,: 2266-030 Court File No.: C0-91-S72 Dear Doug and Bob: I'm enclosing a copy of the Notice of Jury Trial, set for May 9, 1994 at the Anoka County Courthouse, for your files. The Plaintiffs' attorney believes this will be a three (3) week trial. I estimate it will take approximately 5-10 days, maximum. For your information, the County Attorney's office is considering filing a Petition for Review with the Supreme Court. As per my previous correspondence to you, I think it is worth pursuing from the City's standpoint also. I have a call into Carla Heyl to discuss this, but have not yet heard from her. I would appreciate it if you let me know what you want to do at your earliest convenience. Thanks. / Si, ly, !?' / ~~f ~t~ Patricia E. Kud rer HOFF & ALLEN, P.A. Enclosure PEK:p cc: Carla Heyl, Esq. Client G, \ WPDA T A \2266-030ICLIE3C02 ,L TR 7901 FLYING CLOUD DRIVE, 82600EDEN PRAnuE, MINNESOTA 55344-7914 RED WING OmcE'608I1fAIN STREET' RED WING, JlffN!\"ESOTA 55066'(612)388-3867 # PATRICIA EILEEN KUDERER 7901 FLYING CLOUD DR STE 260 EDEN PRAIRIE MN 55344 ( AUG31799l AUG. 30, '1993 Anoka County Anoka, Minnesota Re: ROGER ALLEN STEINKE v~. ANDOVER, CITY OF et al. NonCE OF: JURY TRIAL Case Number: CO-91-000572 You are hereby notified that the above matter has been set for Jury Trial on May 9, 1994 at 9:00 a,m, before the presiding jUdge at the fOllowing location: Anoka County Courthouse 325 East Main Street Anoka, MN 55303 You are expected to appear at the above time and place fully prepared. It is your responsibility to have your client and witnesses present. FROM 102593 Phone: (612) 422-7365 Jane F, Morrow Court Administrator By:ANN S CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE December 7, 1993 AGENDA SECTION NO Approval of Claims ORIGINATING DEPARTMENT Finance APPROVED FOR AGENDA ITEM NO Amended Approval of Claims Daryl E. Sulander ~Q// Finance Directo~ ~d REQUEST The Andover City Council is requested to approve total Claims in the amount of $ 354,317.82. BACKGROUND Adjustment of $ 957.05 for disbursements on 10/15/93 for postage and sales tax omitted from claims total on edit list dated 10/19/93. Claims totaling $ 7,108.24 on disbursement edit list ~1 dated 11/23/93 have been lssued and released. Claims totaling $ 346,252.53 on disbursement edit list ~2 dated 12/07/93 will be released upon Council approval. Claims totaling $ 0.00 will be disbursed by wire transfer for bond payments due on n/a . SUMMARY Adjusted from 10/19 edit list $ Disbursement edit list ~1: Disbursement edit list ~2: Disbursements by wire: 957.05 7,108.24 346,252,53 0,00 Total Claims: ------------- $ 354,317.82 =---=r=r-=_==-=-aaa MOTION BY: SECOND BY: TO: ~~~ ~r ~~ 11;~~ BRBCOCK LOCHER LRW mm am Babcock Locher Neilson & 1\1annella ATTORNEYS AT LAW 1J8 EAST MAIN ANOKA, MINNESOTA 55303 PHONE (612) 421.5151 fAX (612) 421.3618 December 7, 1993 VIA: City of Andover 1685 Crosstown Blvd. N,W. Andover, MN 55304 ~C- P.2/2 i j} -1-'/13 JAMES M. NEIlSON fELIl< A. MANNELLA ~ORERTF.MANNELLA CARY T. L,nEUR THOMAS A. I(Ur.T SlC'P'IEN J, N""SH GllEOORY J. }IElLlSGS XANOALL J. ruLLER (:OLE!;N }. CAUsrEOT.l0H.'lSCN F. ANTflONY ,IolAo'/NELLA' " ! . , EDMUND ~, HA8COCK - 0( C",."" LANOOL J. LOCIlI:R - of <;ouo,,, [ I Fax & i Hand Delive~ed Attn: David L, Carlberg, City Planner RE: Gerald and Carol Windschitl Rezoning - Crowne Point and Crown Pointe East RI to R4 Please remove the above-referenced rezoning item from the Andover City Council's agenda for tonights Council meeting_ Please keep this rezoning item off the City's Council agenda until the Metropolitan Council approves the City of Andover's amendments to their comprehensive plan or until my clients request to have this rezoning item placed back on the City Council's agenda, Very truly yours, ~~I1~ St~n ~s~!! SJN:smc Ene. -'- -- - " ,,' --'-'-'" -..... -'....- 1 "_" 0.1..:.' .:.= .I.-0.~.~U ;;-,o~-FO.2 ~ ~!~~~~~~~:?~~....,,.oo,,.~ ()) G 1'V\ t: (I' v December 3, 1993 Mr. David r.. Carlberg City of Andover 1685 NW Crosstown Boulevard Andover MN 55304 RE: Andover Major MUSA Expansion--23S Acres Dear Mr. Carlberg; Pursuant to our telephone conversation the other day, I would like the city of Andover to consider an extension of the city's MUSA expansion reque$t for 30 days from De--..ember 31, 1993 to 1anuary 30,1994. The reasons for asking for this extension are that the Council's staff transportation planner will be meeting with BRW to discuss progress on the update to Anoka County's Tran.sportalion plan. Until he assesses progress on the plan revision, It wiII not be possible to determine if the study has progressed enough to adequately review the amendment. Therefore, with a little more time. the Council wlII be able to prOVide a more thorough review. In addition, questions havl:\ been raised about the adequacy of the Andover schools at the present time. and the added stress that more households with children will add to the school system. While this Is not It ITllIjur issue of the Council, we mwt review this issue. If the city chooses not to request the extension, the Council will proceed with the review and It wlII be on the ConunJttce and Council agendas on December 30, 1993. If you have any questions regard1ns this matter, please let me know. Sincerely, At:2". fJ ~ '.~~'!J." ~~_~ RIchard E. Thompson Meers Park Centre 2:30 EM FIlth Street' 51. Paul, MInn~ta 55101-1634 612291-6359 . $-- An Eaual OIlpot1unfty Emplovcr Fl1K 291-6550 TOO 29100904