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HomeMy WebLinkAboutCC - August 21, 20121685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV Regular City Council Meeting — Tuesday, August 21, 2012 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (8/8/12 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Order Improvement/Order & Approve Plans & Specs /Order Advertisement for Bids /07- 20/Parkside at Andover Station 3rd Addn. — Engineering 4. Approve Change Order #1/11 -10 /South Coon Creek Drive NW Reconstruction — Engineering 5. Award Quote /12 -7 & 12- 12/2012 Trail Maintenance & 2012 Parking Lot Maintenance - Engineering 6. Accept Petition/Order Feasibility Report/12- 32/2118/2120 — 140d` Lane NW/WM - Engineering 7. Approve Fee Ordinance No. 400 — Community Center 8. Approve Application for Exempt Permit /Andover Lions — Administration 9. Accept Contribution/Sweet Toppings LLC/Hickory Meadows Park - Finance Discussion Items 10. Anoka County Sheriff's Office Monthly Report - Sheriff 11. Consider Preliminary Plat/Walmart of Andover Station/l851 Bunker Lake Boulevard NW - Wal -Mart Real Estate Trust — Planning 12. Consider Conditional Use Permit/ Off -sale Liquor & Outdoor Display, Storage & Sales /1851 Bunker Lake Boulevard NW — Wal -Mart Real Estate Trust — Planning 13. Discuss Accessory Structure Building Permit/3047 - 173rd Lane NW - Engineering Staff Items 14. Receive update on Grey Oaks Homeowners Association Documents - Planning 15. Administrator's Report — Administration Closed Session — Public Works Union Negotiations Update Property Negotiations PID #s 11- 32 -24 -32 -0001, 11- 32 -24 -31 -0001, & 11- 32 -24 -24 -0001 Property Negotiations PID# 29- 32 -24 -44 -0022 Mayor /Council Input Adjournment ANDOVE^, 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: August 21, 2012 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: August 8, 2012 DISCUSSION The minutes are attached for your review. ACTION REQUIRED Regular The City Council is requested to approve the above minutes. Respectfully submitted, lignpt$,6"AW�W Michelle Hartner Deputy City Clerk Attach: Minutes (D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING — A UGUST 8, 2012 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, August 8, 2012, 7:06 p.m., at the Andover City Hall,_ 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie Trude and Tony Howard Councilmember absent: None Also present: City Administrator, Jim Dickinson Director Public Works /City Engineer, David Berkowitz City Attorney, Scott Baumgartner PLEDGE OF RESIDENT Ms. N condo obligations and has since s' units rented with a total of thefts and the number of vE been filed this is a senior c attorney are saying that.the documents are filed this! is no file pertaining to Grey-,( not an apartment complex. in this matter. 1 Linnet Street NW, Andover, stated when she purchased her , sented as a senior community with each being owed rather than ;ms and the economy the developer has been unable to meet his :d renting out the remaining 20 units. At this time there are 16 ,hildren. Since this change the community has seen an increase in es in the parking lots. Under the rules and covenants that had iunity but the board of directors and the Omega Association's oyenants are no longer in compliance with HUD and until new onger a senior community. HUD has been contacted but there is at this time. She had purchased her unit in a senior community this time the residents are asking for the City Council's assistance Mayor Gamache stated this project had been approved as a senior community by the City Council. He asked if HUD was involved at all in this community. City Administrator Dickinson stated staff has reviewed the documents and they specify Grey Oaks as a senior community and based on the requirement of 80% of the units be occupied by someone 55 -years or older this community would still be considered a senior community as a whole. The Board that represents the residents of the Grey Oaks community has sought legal advice and is acting according to that advice. A review of the new documents shows they would Regular Andover City Council Meeting Minutes — August 8, 2012 Page 2 still be considered a senior community. Councilmember Bukkila clarified the new documents would create a separation of the properties between the single - family homes and the condos but this would not change the status as a senior community. She asked how the documents that are currently in place could be considered invalid if the requirement of being 55 -years of age or older was still in effect. 8 Mr. Dennis Falenschek, 15631 Linnet Street NW, Andover, stated the building he currently lives 9 in was represented as a senior building where the occupants would own their units. There had 10 been no indication that this property would become a rental property and there would be non- 11 senior residents living in the building. The Association has been given legal advice that the 12 community must split in order to meet the intent of the laws but he does not believe any law 13 changes would have the intent to force an Association to split in order to meet the requirements 14 of the laws. There are two separate issues at this time. The first is if the community is split then 15 the condos will loose representation they currently have with the developer, Mr. Windschidtl. 16 The other issue is the property that was purchased has decreased in value not only due to the 17 economy by also because this building has more renters than owners and those renters are not 18 seniors. 19 20 Councilmember Knight stated when this was built the developer had to comply with federal 21 guidelines in terms of age in order to be a senior community. 22 23 City Attorney Baumgartner stated he looked at this for the purpose of determining whether or not 24 they should split. The original documents and covenants do identify this as a senior community. 25 The new documents are splitting the condos and single - family homes and identifying them each 26 differently. He believes this was done under the assumption and the opinion of an attorney from 27 Felhaber and Larson. They had reviewed the documents and identified some discrepancies 28 relative to the platting and identification of the property. This recommendation was in a letter 29 dated February 2010 but there is nothing in this letter that states they are in violation of senior 30 housing but rather how to make the properties comply. The attorney from Felhaber and Larson 31 prepared amendments to the original documents and declaration to correct the deficiencies and 32 also declarations for the second association that would be created with the splitting of the 33 properties. It has been represented to the residents of the community that there has been a legal 34 opinion that the community is illegal but there has been no letter from an attorney stating this.. 35 He would suggest the residents ask for a copy of the letter that is advising the Association that 36 they are operating illegally and compare this with the letter that was provided in 2010. He asked 37 if the residents had received any communication from the Housing and Urban Development 38 (HUD) stating there was something wrong with how this community is operating. When he was 39 originally asked to review this item it was to verify the language in the declarations complied 40 with the law, 42USC3607. Both the original declaration and the new proposed declarations for 41 the two associations comply with this law regarding age restriction requirements. 42 43 Mr. Falenschek stated the documents that were approved by the City of Andover clearly state this Regular Andover City Council Meeting Minutes —August 8, 2012 Page 3 is a senior community. They are asking the City to write a letter to the Board of Directors that states this. 4 Councilmember Knight stated City Administrator Dickinson to research the original discussions, 5 motions and resolutions regarding this development. 7 Mr. Terry Thomas, 15631 Linnet Street NW, Andover, stated what is considered building 3 has 8 the largest number of people under the age of 55 and they are the only building with renters at 9 this time. 10 11 Councilmember Howard stated when the original project was approved there had been a land 12 swap for zoning designation and this is how Mr. Windschidtl proposed a senior project. Through 13 the process it had been assumed the 20% of residents under 55 -years of age would be in the 14 single and town homes. 15 16 Councilmember Knight stated there is a certain percentage of residents that need to be over the 17 age of 55 in order to qualify for HUD but there is no HUD money involved in this project. 18 19 City Administrator Dickinson clarified the 55 and older restriction allows the development to be 20' marketed as a senior community. 21 22 Councilmember Bukkila asked City Attorney Baumgartner what the City's options are and what 23 their role would be in this situation. 24 25 City Administrator Dickinson stated in these types of situations the City works with Association 26 Boards and these residents are not members of their Association Board. It appears that their 27 concerns are with the Association Board. 28 29 Mayor Gamache asked what role the City would have because it was the City approved this as a 30 senior community and there were some stipulations the City put into place. He asked what role 31 the City has to be sure these stipulations are being followed. 32 33 City Attorney Baumgartner stated the original motion, resolution and documents need to be 34 reviewed in order to determine what specifically had been approved to allow the project to move 35 forward. The City needs to have a legal standing in order to get involved with this situation. 36 37 Councilmember Trude stated there had been some properties in this development that were 38 designated restricted in their deeds. There are residents outside of the senior community who are 39 concerned with this facility becoming an apartment complex because this is not what the City 40 had approved and what the community wants. She stated the documents state "The City status, 41 as a third party beneficiary, of any such senior housing restrictive covenants in any standing 42 derived from such third party beneficiary status may not be altered, modified, or terminated 43 without the express written consent of the City." This is unusual to be in association documents Regular Andover City Council Meeting Minutes — August 8, 2012 Page 4 but the City will need to determine where they can go with this. The Association Board is aware of the concerns of the residents and the City's expectations that this be maintained as a senior housing. There is nothing in writing that states this is operating illegally as a senior community. The City has not seen anything that states what the failure is that prevents Mr. Windschidtl from limiting the sale of these units to seniors. 7 Councilmember Bukkila stated it may be harmful if the residents move forward while the City 8 reviews the situation to determine if the City has a stake in this and can intervene but this is not 9 saying they should not move forward with approving the documents for the split. 10 11 Mayor Gamache suggested the City Attorney look at the original motion, resolution, and 12 documents to determine if the City has any standing and would be able to intervene. 13 14 Ms. Sprungman asked for a letter from the City stating the City is looking into this situation and 15 voting for the new documents that would split the property should be postponed. 16 17 Councilmember Bukkila stated the City is not giving the residents advise on how to proceed with 18 the vote that is currently before them. 19 20 Councilmember Trade stated it would be helpful if the City had a written opinion that they 21 cannot discriminate and only rent to seniors because this would be a HUD violation. 22 23 City Administrator Dickinson stated the City would not be able to provide a letter asking for a 24 delay in the vote. 25 26 Councilmember Trade stated the residents need to decide on the vote and the City cannot advise 27 them on how to vote. At this time they are considered senior housing and if the documents are 28 approved then they are still considered senior housing. The City needs to have a copy of a 29 written opinion that if the vote does not go through then it won't be maintained. 30 31 City Attorney Baumgartner stated the only written opinions that he has been able to find have 32 been from the attorney in 2010 in regard to splitting the property so that they are not using 33 multiple land descriptions for one plat. He stated he was confused by the need for paying upfront 34 costs to rewrite the documents when they had been rewritten in 2010. 35 36 Councilmember Trade stated the Council's opinion would be to maintain this as a senior 37 community and preserving it for the community is important. 38 39 Councilmember Bukkila stated the City needs to determine what their standing is and what role 40 they can have moving forward. 41 42 Mr. Falenschek stated one issue is if this is senior housing but the other issue is the fact that these 43 units are being rented out and are no longer being marketed as condo. This building was Regular Andover City Council Meeting Minutes — August 8, 2012 Page 5 1 intended for ownership not rental. 2 3 Mayor Gamache stated this may not be something the City would have records. 4 5 Unidentified woman from audience stated Councilmember Trade and Community Development 6 Director Carlberg had done some research and determined that Building 3 was restricted to a 55- 7 years of age and older building. 8 9 Councilmember Trade stated it was her understanding the original documents showed Building 3 10 was included in the restrictive covenants that some parcels were specifically restricted to 55 and 11 older. 12 13 Unidentified woman from audience asked for a copy of this information because the Board is 14 saying that this is not the case. 15 16 Councilmember Trade stated the covenants for the community describes the condominium units 17 and lot 9 and lot 10 would be senior housing. Community Development Director Carlberg had 18 determined based on the address that Building 3 was included in this. This information can be 19 found on page 8 of the covenants filed with Anoka County. 20 21 Mayor Gamache stated if the City can find anything that indicates certain buildings were suppose 22 to be senior facilities then this information will be sent to the Association Board. 23 24 Mr. Vern Flight, representing Ms. Stella Cegla, 15631 Linnet Street NW, Andover, the residents 25 need the City's support and he would expect the City to do what is correct and morally right for 26 these residents. 27 28 Mayor Gamache stated City staff and the City Attorney would look into this to determine what 29 standing the City may have based on what was originally approved. 30 31 AGENDA APPROVAL 32 33 Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve the Agenda as 34 amended. Motion carried unanimously. 35 36 APPROVAL OF MINUTES 37 38 July 17, 2012 Regular City Council Meeting 39 40 Councilmember Bukkila stated on page 4, line 6, the words "stop lights" should be replaced with 41 "street lights ". She would also like to insert "The curve in the road is a significant factor to 42 consider" to the end of the sentence. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes —August 8, 2012 Page 6 Motion by Councilmember Knight, Seconded by Councilmember Howard, to approve the July 17, 2012, Regular City Council Meeting minutes as presented. The motion carried 4 ayes, 1 present ( Trude). July 17, 2012 Closed City Council Meeting Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to approve the July 17, 2012, Closed City Council Meeting minutes as presented. The motion carried 4 ayes, 1 present ( Trude). CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Final Plat and Easements/Millers Woods 3rd Addition (See Resolution R070 -12) Item 4 Approve No Parking Resolution/Millers Woods 3rd Addition (See Resolution R071 -12) Item 5 Approve No Parking Resolution/Millers Woods 2nd Addition (See Resolution R072 -12) Item 6 Approve Dental Renewal and Employer Contribution Item 7 Approve Appointment/City Planner Item 8 Approve Application for Exempt Permit/Anoka County Pheasants Forever Item 9 Approve Application for Exempt Permit/Andover Center Ice Club Item 10 Approve Application for Exempt Permit/Andover Girls High School Hockey Booster Club Motion by Councilmember Knight, Seconded by Councilmember Trude, for approval of the Consent Agenda as presented. Motion carried unanimously. CONSIDER ADDITIONAL SECURITY LIGHTING AT PRAIRIE KNOLL PARK City Engineer Berkowitz stated the City Council is requested to consider approving the addition of two (2) security lights and request the City Engineer look at side barriers for the entrance to the south parking lot at Prairie Knoll Park as recommended by the Park and Recreation Commission. The estimate to install additional lights is about $4,529. The cost of the lights would be funded from the 2012 miscellaneous park improvement fund. At the June 271i workshop the City Council did not agree with the Park Commission's recommendation to install barriers at the entrances to the park. If the City would like to pursue options, it is recommended to direct the City Engineer to bring options and estimated costs back to the City Council at a later date for consideration. He stated the lights on the building have been fixed. Councilmember Trude stated with the lights on the building working it appears there is sufficient lighting in this park. She suggested with these lights functioning there is no need for additional Regular Andover City Council Meeting Minutes —August 8, 2012 Page 7 lighting in this park. She recommended the Council view this park at night prior to voting on the installation of additional lighting. Mayor Gamache clarified the reason for the request was due to the darkness from the building lights not functioning. 7 City Engineer Berkowitz stated the lights not working on the building did contribute to the park 8 being dark but there is also other activity that occurs in the park the area residents feel would be 9 lessened if there was additional lighting. 10 11 Councilmember Trude stated she occasionally uses this park and there are legitimate reasons for 12 people to park at the city parks. She further clarified the crime that occurred in this park 13 involved a resident of the neighborhood and was not the result of someone being drawn to the 14 location because it was dark. 15 16 Mayor Gamache asked staff if the lighting from the building would provide sufficient lighting 17 now that these had been repaired. 18 19 City Engineer Berkowitz stated the City typically installs security lighting in all rural parking lots 20 and staff does try to determine the best placements for these lights. He stated the two security 21 lights currently on site are located near the trail on the west side and centrally located between 22 the two access points for the park. 23 24 Ms. Katherine McDilda, 580 -146`" Lane, NW, Andover, provided pictures for the Council to 25 review showing the lighting in the park during the night. She explained the lights on the building 26 only light up the sidewalk and the activities that have been a problem in the park occur late in the 27 night to early in the morning when the park is dark. The back of the park is well lit and there 28 does not seem to be as many problems in that area. She explained if the park were lit better then 29 people would not be in the park after hours causing problems. She also explained there were a 30 couple of lights in the park that were not being used. 31 32 Councilmember Knight asked how high the security lights were. 33 34 City Engineer Berkowitz explained these would be a standard 20 -foot to 30 -foot pole. 35 36 Councilmember Trude asked Ms. McDilda if it was her goal to have the whole park lit so she 37 could see into the park at night from her home. She suggested this much lighting would 38 encourage people to enter the park after hours. 39 40 Ms. McDilda explained additional lighting would discourage people from entering the park after 41 hours because lighting would give the impression the park is being watched. She also stated it 42 would have been helpful to have been able to see the park from her home during the recent 43 assault in the park. Sheriff's have also commented on how dark the park is. Regular Andover City Council Meeting Minutes —August 8, 2012 Page 8 1 Councilmember Trude stated it would be helpful if the Council saw the park at night. 2 3 Councilmember Bukkila stated the parks are a problem throughout the City. The residents 4 concerns are legitimate. If there are things in the City's parks that need to be repaired residents 5 are welcome to call the City and let them know. Once the City is aware that repairs need to be 6 made then they will be completed in a timely manner. Since the lights on the building were just 7 repaired she would recommend the Council take time to go to the park and see how this affects 8 the situation before making any additional decisions. 9 10 Ms. McDilda stated where there are lights that work there is no activity and she would like to see 11 this throughout the park. 12 13 Mayor Gamache recommended this item be tabled to the next Council meeting so that 14 Councilmembers would be able to go and view the park before making any additional decision. 15 16 Councilmember Howard asked City Engineer Berkowitz if the lights could be adjusted so they 17 hit the parking lot more. 18 19 City Engineer Berkowitz stated these lights could be adjusted. Staff would also look at the other 20 lights Ms. McDilda pointed out and make any necessary repairs. 21 22 Councilmember Bukkila stated residents need to contact the City when there are repairs that need 23 to be made at the public parks. She also recommended if there are suspected problems residents 24 should call 911. 25 26 Ms. McDilda pointed out there are lights on her home that are pointed towards the park and she 27 asked the Council to keep this in mind when viewing the park and deciding on additional 28 lighting. 29 30 Ms. Twila Hauck, Andover Football Association and Andover Youth Lacrosse, stated she has not 31 experienced any crime at Prairie Knoll Park including vandalism to the athletic association's 32 equipment. She stated there are a lot of cars there and she has occasionally called the police in 33 regard to these. She clarified the park is dark at night but this is not unlike the other parks. 34 35 Motion by Councilmember Knight, Seconded by Councilmember Bukkila to table the discussion 36 on the addition of two (2) security lights at Prairie Knoll Park to the August 24, 2012 City 37 Council Workshop with a decision to be made at the September 4, 2012 Regular City Council 38 Meeting. The motion carried unanimously. 39 40 CONSIDER NAMING OF BALL FIELD /ANDOVER STATION NORTH BALL FIELD 41 FACILITY 42 43 City Engineer Berkowitz stated the City Council is requested to approve the naming of the Regular Andover City Council Meeting Minutes —August 8, 2012 Page 9 middle ball field at Andover Station North Ball Facility as requested by the Andover Baseball Association (ABA) to Anders Memorial Field, on behalf of Anders Flaa. The Park Commission recommended the field be named Anders Memorial Field with the ability that other names could be added to the memorial in the future. The ABA has addressed the criteria required to determine the appropriate naming of a field. 7 Mayor Gamache stated the resolution presented is different than what the Council had previously 8 discussed and the resident who had originally brought the request to the City no longer supports 9 it. 10 11 Councilmember Trade stated the Council had discussed naming the field using just the child's 12 first name because this was honoring the great example he set for children in academics and, 13 athletics, and sportsmanship. This would be more of an honoring than a memorial and changing 14 it into a memorial changes the whole concept of honoring people who set a good example. The 15 resident who had initially made the request would support honoring the child as originally 16 proposed. She recommended additional discussions take place at the next workshop. 17 18 It was the consensus of the Council to move the discussions of naming the middle ball field at 19 Andover Station North Ball Facility to Anders Memorial Field to the August 28, 2012, City 20 Council Workshop. 21 22 CONSIDER AMENDING RESOL UTION FOR NO PARKING 1I46THLANE FROMPRAIRIE 23 ROAD TO WEST SIDE OF PRAIRIE KNOLL 24 25 City Engineer Berkowitz stated the City Council is requested to consider amending the no 26 parking resolution along a section of 146`" Lane NW west of Prairie Knoll Park. The Andover 27 Football Association and Andover Lacrosse Association are requesting parking be reinstated on 28 the north side of 146th Lane NW. Since the no parking on 1461" Lane was put into place parking 29 has moved to Prairie Road and the north parking lot has been expanded. There are currently 230 30 total parking stalls at Prairie Knoll Park, with 119 in the north parking lot and 98 in the south 31 parking lot. There are also 13 stalls in what is considered the overflow parking, located at 32 Northern Natural Gas. 33 34 Motion by Councilmember Knight to approve a resolution amending resolution no. 183 -04 35 designating no parking along the south side of 1461' Lane NW between the west property line of 36 715-146b Lane NW and Prairie Road NW and along the north side of 1461' Lane NW from 715- 37 1461i Lane NW west property line to Prairie Knoll Park west property line. 38 39 The motion dies for lack of a second. 40 41 Councilmember Trade asked how wide 1461i Lane is and if it is possible to have cars parked on 42 both sides of the road and still have passing traffic. 43 Regular Andover City Council Meeting Minutes — August 8, 2012 Page 10 City Engineer Berkowitz stated 146th Lane had a standard rural road width of 24 -feet. The Fire Chief has stated it is difficult in an emergency response situation to get through these roads when there is parking on both sides of the road. 4 5 Mayor Gamache stated the parking along Prairie Road is also a concern because people are 6 crossing a road that has a speed limit of 55 -mph. The north parking lot may be further from 7 some of the fields but he would not recommend removing the no parking signs because there is 8 parking available in this lot. He also stated he would support posting no parking along Prairie 9 Road. The parking is less than what is at Sunshine Park but this is a smaller park. The 10 Associations are asked to schedule their events so that people are not trying to leave at the same 11 time other people are coming for their events. 12 13 Ms. Twila Hauck, Andover Football Association and Andover Youth Lacrosse, stated people 14 park on 146a` Lane regardless of the signs. The people that usually park in this area and along 15 Prairie Road are from out of town. She has let the parents know this is a no parking area and 16 where the available parking is located. As far as the scheduling of activities she has scheduled 17 these as far apart as possible in order to ensure the second games are completed by 10:00 p.m. 18 She stated there have been times when both parking lots have been filled. 19 20 Mr. Gary Aus, 650 146"' Lane NW, Andover, stated he has had cars in his lawn waiting for 21 parking spots to open up in the parking lot. He stated the deputies have been lenient on ticketing 22 people who are parking in the no-parking zone and he does not agree with this. 23 24 Councilmember Trude stated there are not enough parking spots at this park. She has seen both 25 lots filled. 26 27 Ms. Hauck stated the Associations have informed visiting associations where the parking is at 28 this park. The problem is people from out of town will park wherever they see someone else 29 parked because they are unsure of where other parking is available. She would like to see 30 additional parking off Prairie Road because this is a dangerous road. 31 32 Councilmember Trude stated the modern family has multiple cars and multiple family members 33 at events. This does require additional parking. She stated she has not seen the signs that direct 34 traffic to the additional parking in the north lot. 35 36 Ms. Hauck stated there are small signs posted at the entrance that direct traffic to the north 37 parking lot for additional parking. 38 39 Mayor Gamache stated it is the responsibility of the sports associations to inform their parents 40 and other associations of where parking is permitted at parks and it is the responsibility of the 41 City to inform the Sheriff's Department where parking is not allowed. He stated he would 42 support keeping the no parking signs on 146a` Lane and also look at adding no parking signs 43 along Prairie Road. The City may have to look into finding a way to expand the parking at this Regular Andover City Council Meeting Minutes — August 8, 2012 Page 11 park. City Engineer Berkowitz stated the current parking lots have been maximized based on the space available. Councilmember Bukkila stated if there is parking available in the parking lots then people should be encouraged to utilize it. 9 Motion by Councilmember Bukkila, Seconded by Councilmember Howard to deny a resolution 10 amending resolution no. 183 -04 designating no parking along the south side of 146th Lane NW 11 between the west property line of 715 -146th Lane NW and Prairie Road NW and along the north 12 side of 146th Lane NW from 715 -146th Lane NW west property line to Prairie Knoll Park west 13 property line and to keep the no parking signs in place. 14 15 Councilmember Howard stated he would agree with keeping the no parking signs in place and if 16 there is parking available in the north parking lot then people should be encouraged to park there. 17 He also stated if people continue to park in no parking zones then they should be ticketed. 18 19 Councilmember Knight asked if the no parking signs could include language that directs people 20 to the north parking lot. 21 22 City Engineer Berkowitz stated there are signs that direct people to park in the north parking lot 23 and staff could look at these to see if they could be made bigger. 24 25 The motion was called to a vote. The motion carried unanimously. 26 27 PROPOSED RUM RIVER REGIONAL TRAIL MASTER PLAN 28 29 City Administrator Dickinson presented the proposed Rum River Regional Trail Master Plan that 30 had been prepared by the Anoka County Parks for the City Council's review. The plan provides a 31 good planning document for preparing and funding applications for the regional trail system. This 32 section of trail is identified in the Cities Transportation Plan. The section through Andover would 33 run along the right -of -way of 7t` Avenue NW and most likely be constructed with roadway 34 improvements. 35 36 Councilmember Bukkila left the meeting at 9:02 p.m. 37 38 City Engineer Berkowitz stated this is a draft at this time and is a comprehensive trail plan to 39 connect the Mississippi River to St. Francis. The impact to Andover would be along 7th Avenue 40 and this is consistent with Andover's transportation plan. This is considered a master plan and it 41 can be used to apply for grants. 42 43 Councilmember Knight asked what type of trail this would be. Regular Andover City Council Meeting Minutes —August 8, 2012 Page 12 1 City Engineer Berkowitz stated this would bean off - street trail, set back 10 -20 -feet and would be 2 along the roadway. The trail would be 8 -10 -feet wide. Where the trail would be located would 3 be determined at the time the trail was constructed based on feasibility reports and wetland 4 impacts. Funding for the trail segments would be determined at the time the individual projects 5 move forward. There is no deadline or timeline for these trail segments to be constructed. Councilmember Trude stated this would be a trail segment the City would like to see completed. She stated if a resolution of support was required then staff should draft one. 10 SCHEDULE EDA MEETING 11 12 Motion by Councilmember Trude, Seconded by Councilmember Howard to schedule an EDA 13 Meeting at 6:00 p.m. before the August 21, 2012 City Council Meeting. The motion carried, 4 14 ayes -1 absent ( Bukkila). 15 16' SCHEDULE SEPTEMBER CITY COUNCIL WORKSHOP 17 18 Motion by Councilmember Howard, Seconded by Councilmember Trude to schedule the 19 September City Council Workshop at 6:00 p.m. on September 25, 2012. The motion carried, 4 20 ayes -1 absent ( Bukkila). 21 22 ADMINISTRATOR'S REPORT 23 24 City Administrator Dickinson updated the City Council and the residents regarding 25 administration and city department activities, legislative activities, development and CIP 26 projects, and upcoming meetings and community events including open space negotiations and 27 the Wal -Mart proposal will be before the Planning Commission on Tuesday, August 14, 2012, at 28 8:01 p.m. A quorum of the Council might be present at this meeting but there will be no 29 decisions made by the Council. The Arbor Oaks development is moving forward and the 30 building permits were approved for this project. 31 32 Councilmember Bukkila returned to the meeting at 9:10 p.m. 33 34 City Administrator Dickinson stated there are discussions about a dog park located at Bunker 35 Lake Regional Park. This would be located on the Coon Rapids side of the park and they are 36 motivated to work something out for this area. The Andover High School Band will be playing 37 on Wednesday, August 22nd, as part of the Concert in the Park program. There have been a total 38 of 45 new homes plus the Arbor Oaks project in Andover this year. There are some developers 39 in the community that may be looking to expand in Andover. There are 80 additional lots 40 available. The EDA is looking to re -plat some lots in the Andover Station North area. The City 41 has had positive feedback from developers on the pilot program allowing them to move some of 42 the platting costs to the building permit. This will be before the Council in November to 43 reconsider. Regular Andover City Council Meeting Minutes —August 8, 2012 Page 13 2 City Engineer Berkowitz stated the street and utility construction for the Millers Woods 3`d 3 Addition should begin in late - August with lots available by the end of October. The City is also 4 working on a plat for Parkside at Andover Station 3`d Addition. The South Coon Creek Drive 5 project is underway and had a slow start due to working with private utilities. The contractor is 6 requesting an extension for completion into the end of October. The screen has been installed in 7 Well 6 and this well now yields 1100 gallons per minute versus the previous 800 gallons per 8 minute. Staff is looking to move forward on Well 7 and will be soliciting quotes for this. The 9 Hickory Meadows Park improvements are being done. 10 11 City Administrator Dickinson reminded residents to lock their cars, doors, windows, and garages. 12 He also stated any cars parked in the driveway should also have their garage door openers put 13 away. 14 15 MAYOR/COUNCIL INPUT 16 17 (Pro Fiscal Disparities Group Update) Mayor Gamache updated the Council on the Pro Fiscal 18 Disparities Group and the Revenue Commission is moving forward on the Dayton 19 Administration on a major tax reform plan for 2013. The Pro Fiscals Disparities Group met with 20 them to be sure they understood the importance of fiscal disparities for the northern suburbs, 21 Anoka County, St. Paul, and Ramsey County. 22 23 (Night to Unite) Mayor Gamache stated the members of the Council had been able to attend 24 several parties during the Night to Unite celebrations. 25 26 (All -Star Baseball Tournament) Mayor Gamache stated the Minnesota Youth Athletic Services 27 Group has asked the Andover Baseball Association to host a tournament for All Stars, ages 14- 28 15, on Friday, August 10`", at 5:30 p.m. 29 30 (Night to Unite) Councilmember Trude stated the firefighters being out during the Night to Unite 31 celebrations had been appreciated and several neighborhoods looked forward to having the fire 32 fighters there. She also stated based on conversations she had with residents the City needs to 33 continue to move forward with plans for additional ball fields. 34 35 Mayor Gamache recessed the regular City Council meeting at 9:21 p.m. to a closed session of the 36 City Council to discuss Public Union Negotiations, Property Negotiations for PID #11- 32- 24 -32- 37 0001, 11- 32 -24 -31 -0001, and 11- 32 -24 -24 -0001, and Property Negotiations for PID #29- 32 -24- 38 44 -0002. 39 40 The City Council reconvened at 10:07 p.m. 41 42 ADJOURNMENT 43 Regular Andover City Council Meeting Minutes —August 8, 2012 Page 14 Motion by Councilmember Bukkila, Seconded by Councilmember Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 10:08 p.m. 4 Respectfully submitted, Tina Borg, Recording Secretary 1 Regular Andover City Council Meeting Minutes —August 8, 2012 Page 15 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — AUGUST 8, 2012 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ...................................................................:................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 5 APPROVALOF MINUTES ............................................................................ ............................... 5 CONSENTITEMS .......................................................................................... ............................... 6 Item 2 Approve Payment of Claims .......................................................... ............................... 6 Item 3 Approve Final Plat and Easements/Millers Woods 3`d Addition (See Resolution R070 -12) .............................................................................................. ............................... 6 Item 4 Approve No Parking Resolution/Millers Woods 3`d Addition (See Resolution R071- 12) ....................................................................................................... ............................... 6 Item 5 Approve No Parking Resolution/Millers Woods 2 "d Addition (See Resolutio R072- 12) ....................................................................................................... ............................... 6 Item 6 Approve Dental Renewal and Employer Contribution .................. ............................... 6 Item 7 Approve Appointment /City Planner .............................................. ............................... 6 Item 8 Approve Application for Exempt Permit/Anoka County Pheasants Forever ............... 6 Item 9 Approve Application for Exempt Permit/Andover Center Ice Club ............................ 6 Item 10 Approve Application for Exempt Permit/Andover Girls High School Hockey Booster Club...................................................................................................... ............................... 6 CONSIDER ADDITIONAL SECURITY LIGHTING AT PRAIRIE KNOLL PARK .................. 6 CONSIDER NAMING OF BALL FIELD /ANDOVER STATION NORTH BALL FIELD FACILITY.........................................:......................................................... ............................... 8 CONSIDER AMENDING RESOLUTION FOR NO PARKING /146TH LANE FROM PRAIRIE ROAD TO WEST SIDE OF PRAIRIE KNOLL ......................................... ............................... 9 PROPOSED RUM RIVER REGIONAL TRAIL MASTER PLAN .............. ............................... 11 SCHEDULEEDA MEETING ....................................................................... ............................... 12 SCHEDULE SEPTEMBER CITY COUNCIL WORKSHOP ...................... ............................... 12 ADMINISTRATOR'S REPORT ................................................................... ............................... 12 MAYOR/COUNCIL INPUT ......................................................................... ............................... 13 (Pro Fiscal Disparities Group Update) ...................................................... ............................... 13 (Night to Unite) .......................................................................................... ............................... 13 (All -Star Baseball Tournament) ................................................................. ............................... 13 (Night to Unite) .......................................................................................... ............................... 13 • �.._� (Z) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: August 21, 2012 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $267,211.93 on disbursement edit list #1- 2 from 08/8/12 — 08/17/12 have been issued and released. Claims totaling $299,433.88 on disbursement edit list #3 dated 08121/12 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $566,645.81. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists O U _ O Ct U v C V O U L G d I V c L W V R L V E .7 z V V d a.r r. A a+ C. V C. Q-I C O O a V m O z .Vi 'o H ^.. O N O N O N 0 0 0 0 z z z z z z O O O O U 7- U M N N N N N N N N C �O 00 W W 00 �O 0866 0 O 3 0 0 O 08 U 0 C> O O O 7 6 p,o c0 O O co w w w w w w U O U M U C\ G\ U O cs X33 7 s. G W Cl) X 7 V 7 V Q Q Q Q Q Q ^.. 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X 0 0 L N N U v i n U N t.-. - -'."'" - - -'" U O O O O O O O O O U/ t N U D -- U 0 0 N NNNN N N N_ N N N_ N N N N N _ O O O 0 0 0 0 0 0 0 0 0 O O O O N N N N N N N N N N N N N N N N W W 0 0 a0 O W CD cl C) W 0 00 W 000 0 0 0 0 0 0 0 0 0 W O 00 O 00 W O O 00 W 00 00 W � 00 co W W W GD CD 0 W 0 W C, 0 0 0 0 0 0 0 0 0 0 CC 0 0 N M W d' N o 0 0 0 -- V 1 M O�o -� V V O O v1 - W M M O O\ O O O O /'t h N N �c �o N V V O V M O O O N N V l 7 V G\ V V' rV �O �D M O V N O- NM-- N� -7M7-^ 00 MM V N M M 00 N N C X r C] b0 G y K C � U U T C 9 G > U > Q' OM U O y ° fA 'L 'L > N V] 0 nCj v> 3 V7 Vl cn 00 tU.O y ti Q 'C z P. Y y K U N U N O y C U U U a p R R. K O F y Q y ti U p Q m b bo= R. GKi i x U �"' W bbo ti t 0.l T T .. .. U O O C cYj •y « U y� y C V C,7 CD bo bA `4 w0+ W oq F cn O QF C N N N N �--"— w —F UoF w KF z by C G .0 U U 0 0 0 0 y c3 cJ cs 0 X N N N N N '3 0 0 0 N U N Y U U N Y N U Ul V1 X N N U W r c0 w+ J cUi R. T T T T M .-. U O 0 0 .-. o 0 C O >> K �=.0 3NU 3NNU FF p c. Y N L/I U z . I . . .. O V V I _ U o o 0 0 0 O U c w c n X y 000000000 > > 0 0 0 0 0 0 0 0 0 C; C, owe oN vG�G�G�o 0 z v o U K N M 'fl C N NN N CA G�0\ a N G\ G� C O\ G, G\ CT O K O = W 0 0 0 > > cq cq > ' \NU NV' NV' N'V o � > M > Accounts Payable Check Detail User: BrendaF Printed: 08/16/2012 - 3:49PM Check Number Check Date Amount CMTDiver - CMT Diversified Janitorial Svc 31022 08/17/2012 Inv 1359 Monthly Cleaning Service 3,607.03 31022 Total: 3,607.03 CMTDiver - CNIT Diversified Janitorial Svc Total: 3,607.03 Neenah - Neenah Foundry Company 31023 08/17/2012 Inv 758208 Frame & Solid Platen LD 2,323.05 31023 Total: 2,323.05 Neenah - Neenah Foundry Company Total: 2,323.05 NoCounFo - North Country Ford 31024 08/17/2012 Inv 226337 Parts for Unit #503 218.90 Inv 226351 Parts for Unit #503 242.67 31024 Total: 461.57 NoCounFo - North Country Ford Total: 461.57 NoSanSup - Northern Sanitary Supply 31025 08/17/2012 Inv 156471 Styrofoam Cups 58.02 31025 Total: 58.02 NoSanSup - Northern Sanitary Supply Total: 58.02 OR&4,uto - O'Reilly Auto Parts 31026 08/17/2012 Inv 3253- 338736 Misc. Supplies 18.12 Inv 3253- 339775 Parts for Unit 161 4.23 31026 Total: 22.35 OReiAuto - O'Reilly Auto Parts Total: 22.35 AP -Check Detail (8/1612012 - 3:49 PM) Page 1 Check Number Check Date Amount SmithBr - Smith Brothers Decorating 31027 08/17/2012 Inv 18637 Osha Red Paint 80.35 31027 Total: 80.35 SmithBr - Smith Brothers Decorating Total: 80.35 SuburbLa - Suburban Lawn Center 31028 08/17/2012 Inv 4047414 Parts for Unit #87 20.92 31028 Total: 20.92 SuburbLa - Suburban Lawn Center Total: 20.92 TheVendC - Theisen Vending Company 31029 08/17/2012 Inv 43300 Resale Items for Sunshine Concessions 610.50 31029 Total: 610.50 TheVendC - Theisen Vending Company Total: 610.50 YMCAAnd - YMCA of Metro Mpls - Andover 31030 08/17/2012 Inv 0018250 Lock in for Andover Band Boosters 500.00 31030 Total: 500.00 YMCAAnd - YMCA of Metro Mpls - Andover Total: 500.00 Ziegler - Ziegler, Inc. 31031 08/17/2012 Inv E5992449 Service Contract 610.00 Inv E6234646 Service Contract for Lift Station 1 199.00 Inv E7259120 Service Contract for Lift Station 4 269.00 31031 Total: 1,078.00 Ziegler - Ziegler, Inc. Total: 1,078.00 Total: 8,761.79 AP -Check Detail (8/16/2012 - 3:49 PM) Page 2 O�--I U � L 4� CY. L a 7 z V F Q C V C C. Pr 7 CO F Q R F y O ^o R w a (}y O N G O ti N V � U o � o z ti U 5 p R F y R w ti L'J W W W W Q Q < U U Q Q 6 Q V] GM1 � V1 GMl U1 � V1 .Ny O W N O L N (A V V V vl O V p p N U .0 U v v U v .00 v U n U O O V U o vNi V o o U N N N N N N N N N N O O O O O O O \ N N N N N N N N N 0 0 0 0 0 o O o 0 O\ O 00 O 10 O ^ V V V 00 W V1 N M O VI IVl1 V N GY Ci U U O O zz r a n Q Cq c v c o 0 0 CA O O y0 y w k. F a N C O U Oy Q Q O ^1 ^ C O u T d .V. W V a Q N ON U U � U U� _ .'O� � _ c U c cc U .�. Q i.1 .4 !% U � M U? U G a w 0 .O. d T O O V U u I Q C L 4 �i U 7 z U Q V Q Q C V C T C 7 0 C Q C O .y 0 z O d N N N N N c3 [C w w w � u � L`1 W Fc-1 Q Q Q N U by U M O N r 00 O 'O T a w 0 0 4 i4 U V c. C U O O - O O 00 O G1 vl h M O O O 7 0 X 0 0 a O ^ N O V O Y R1 V 7 y. O - m U O U O U O M V N N 7 0 o U v U N o U r N N a N o N N N O O O N O O O N N O\ N N N N N N m w x oo m x O O O O O O N U by U M O N r 00 O 'O T a w 0 0 4 i4 U V c. C U ^ N O - m r x of w M V N N 7 cn c v a o o ^ N N N N O\ N t. M G O � U 0 O 3 b M M � � U Nr Nr O U O y U J y U VI Vl i� `C". pD Lam` y O N N F E 3 E E ON N Q c o UU. T T M ci L 'J v v Z5� v w U 3 u F 0 > CD c L•7 Ca � N N_ N V O O N N m b b r T T F E N O N N U by U M O N r 00 O 'O T a w 0 0 4 i4 U V c. C U 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works /City Engineer Order Improvement/Order & Approve Plans & Specs /Order Advertisement for Bids /07 -20 /Parkside at Andover Station 3rd Addition - Engineering August 21, 2012 INTRODUCTION The City Council is requested to order the improvement, order and approve plans and specifications and order the advertisement for bids for Project 07 -20, Parkside at Andover Station 3rd Addition. DISCUSSION The Andover Economic Development Authority has taken over the Parkside at Andover Station 3rd Development and as part of the platting the lot sizes have changed. Due to the changes some public and private utilities need to be relocated and additional site grading needs to be completed. The bid opening will be scheduled for September 17, 2012 with City Council awarding the contract on September 18, 2012. Construction would then begin in early October and as much work would be complete this year before winter. Any work not completed would be finished in the spring of 2014. BUDGETIMPACT The project improvements will be funded from Tax Increment Financing and the Capital Projects Fund. ACTION REQUIRED The City Council is requested to approve the resolution ordering the improvement, order and approve plans and specifications and order the advertisement for bids for Project 07 -20, Parkside at Andover Station 3rd Addition. Respectfully submitted, ( a,. 42,Ca David D. Berkowitz Attachments: Resolution & `/ Location Map CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING IMPROVEMENT, ORDER AND APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR THE IMPROVEMENT OF PROJECT NO. 07 -20 PARKSIDE AT ANDOVER STATION 3RD ADDITION. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Parkside at Andover Station P Addition , Project 07 -20; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Hakanson Anderson & Associates, Inc. to prepare the plans and specifications for such improvement project. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 21St day of August 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened 10:00 am, September 17, 2012 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 21St day of August , 2012, with Councilmembers in favor of the resolution, and Councilmembers voting voting against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor AN66q^ MOO .1 ,Y9 VE f� , iswb 0 50 100 200 Feet ti N Project Location Map W, 39 0,14 ------------------------ i l WA 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 . WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator David Berkowitz, Director of Public Works / City Engineer Jason Law, Assistant City Engineer Approve Change Order #1 /11 -10 /South Coon Creek Drive NW Reconstruction - Engineering August 21, 2012 INTRODUCTION This item is in regards to approving Change Order #1 for Project 11 -10, South Coon Creek Drive NW Reconstruction. DISCUSSION Change Order #1 is for three items. The first is related to providing a two week extension to the project completion dates are requested by the contractor. Due to unforeseen delays in relocation of private utilities, the prime contractors schedule has been delayed. They still intend to make every effort to complete the project by the original completion dates, however, they made a formal request asking for the extension in the event that the project takes them longer than anticipated. The second item is in regards to extending the 14" HDPE directionally drilled water main an additional 100' on either side of the creek. By doing this, the connection point from the HDPE (drilled) to the DIP (laid in a trench) is above the water table and closer to the surface, which will be beneficial in the event that this connection ever needs to be repaired. This method also allowed for cost savings by not requiring dewatering for this work, which was credited to the contract. This additional work resulted in an increase to the project cost of $3,030.00. The third item is related to providing dust control along the project corridor. Due to dry weather and relatively high traffic on this route, dust control has become a problem. The City requested that the contractor water the roadway as needed to maintain dust to an acceptable level. The contractor provided a price of $22.00 / 1000 gallons. Dust control is estimated to cost approximately $5,000.00 for the duration of the project. The actual increase will be based upon final quantities at the end of the project and will be adjusted in a compensating change order upon project completion. BUDGETIMPACT The increased costs associated with Change Order #1 are approximately $8,030.00 ACTION REQUIRED The City Council is requested to approve the resolution approving Change Order #1 for the Project 1I- 10, South Coon Creek Drive NW Reconstruction. R ctfully ubmitted, Jason J. 'q La, PE Attachments: Resolution, Change Order #1, Letters from Contractor 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. 11 -10 SOUTH COON CREEK DRIVE NW RECONSTRUCITON. WHEREAS, the City of Andover has a contract for Project No. 11 -10. _ South Coon Creek Drive NW Reconstruction with Douglas -Kerr Underground, LLC of Mora. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 11 -10. Adopted by the City Council of the City of Andover this 21St day of August , 2012. CITY OF ANDOVER ATTEST: Michael R. Gamache — Mayor Michelle Hartner — Deputy City Clerk k I C T Y O F MOVE CHANGE ORDER Change Order No.: 1 Date: 8/16/12 Project Name: South Coon Creek Drive NW Reconstruction Project No.: 11 -10 Contractor: Douglas -Kerr Underground, LLC Sheet: 1 of I You are hereby directed to make the following change to your contract dated June 5th, 2012. The change and the work affected thereby is subject to all contract stipulations and covenants. This change order will (increase) (deerease) (ns ehange) the contract sum by eight thousand thirty and 00 /100 Dollars ($8,030.00). In addition, due to unforseen delays due to relcation of private utilities within the project corridor that are not the fault of the contractor, the contractor has requested an extension of the project completion date. This Change Order hereby revises the Substantial Completion Date from September 21, 2012 to October 5th, 2012 and the Final Completion Date from October 12, 2012 to October 26, 20I2. This Change Order provides for the following extra work: Description Increase (Decrease) Extend 14" directionally drilled HDPE water main $3,030.00 Place water for dust control cy $22.00 per Thousand Gallons $5,000.00 "Estimated Amount Total Amount of Change Order $8,030.00 Amount of Original Contract $2,143,787.75 Additions Approved to Date (Change Order # ) $0.00 Deductions Approved to Date ( Chage Order #_) $0.00 Contract Amount to Date $2,143,787.75 Amount of this Change Order (Add) (Deduct) (No Change) $8.030.00 Revised Contract Amount $2,151,817.75 Approval: City of Andover By: David D. Berkowitz Name Director of PW / City Engineer Title Signature Date Change Orderl.xls Approval: Douglas -Kerr Underground, LLC By VFn.r.'- S Name pro Sso�P.+i- Title 8 (� Signature Date DOUGLAS -KERR UNDERGROUND, LLC PO BOX 85 MORA, MN 55051 AUGUST 14,2012 CITY OF ANDOVER ATTN: JASON LAW ATTN: DAVE BERKOWITZ RE: SOUTH COON CREEK DRIVE NW DIRECTIONAL DRILLING PRICING WATER PRICE Jason & Dave, Douglas -Kerr Underground, LLC is requesting the City of Andover to consider paying for extra length on the Directional Drilling portion of the project. We feel it is better product for the city in the future regarding maintenance if need be. As per the plan the ends of the HDPE pipe would be around 18' deep. With the extra length the end of the HDPE pipe is approximately 8' deep. This is what DOUGLAS -KERR UNDERGROUND,LLC is requesting the City of Andover to consider. COST IF PAID AS DIP (AS PER PLAN) 20OLF @ $56.15 LF = $11230.00 REQUESTED BY DOUGLAS -KERR_ UNDERGROUND.LLC CITY TO PAY - HDPE 100 LF @ $129.45 = $12945.00 CITY TO PAY - DIP 100 LF @ S 56.15 = $ 5615.00 TOTAL - HDPE & DIP $18560.00 DEWATERING DEDUCT $ 4300.00 TOTAL COST TO CITY WITH EXTRA HDPE LENGTH $14260.00 TOTAL COST TO CITY IF ALL PAID AS DIP 11230.00 COST DIFFERENCE REQUESTED $ 3030.00 WATER PRICE FOR WATERING ROAD $ 22.00 MGAL Thank you for your consideration. Sincerely, /Y — Dennis D. Douglas It-14 DOUGLAS -KERR UNDERGROUND, LLC PO BOX 85 MORA, MN 55051 -0085 1 U LY 25, 2012 RECEIVED CITY OF ANDOVER AUG 2 - 2012 ATTN : JASON LAW CITY OF ANDOVER RE: SOUTH COON CREEK DRIVE NW RECONSTRTUCTION TIME EXTENSION REQUEST- DUE TO UTILITY RELOCTIONS Jason, This letter is regards to the utility relocations done on the South Coon Creek Project. Which is still in progress. We had the preconstruction meeting on June 5th. At that time Center Point Energy was to start relocation of the gas main and services the following week. This work was to be totally completed in 2 weeks, As of right now they are still working on the project. Comcast who did not attend the meeting is at this time relocating some of their utilities. Which was discovered when we were looking at the curb alignment on the project. Century link also has utilities still in some of the same locations with Comcast that they are still relocating. Connexus Energy has just completed their work, but is still waiting for Comcast to remove their utility lines from the poles so they can be removed. Douglas -Kerr Underground, LLC has been in constant contact with all of these utility companies to try to keep the project on schedule. Due to the ongoing utility relocations we do not feel we could have efficiently started and completed our work with the utility companies working thru out the project. Douglas -Kerr Underground, LLC fully intends to still try to meet the Substantial Completion Date of September 21st and the Final Completion Date of October 12th. Due to these circumstances we are requesting consideration of a Time Extension of 2 to 3 weeks. Thank you for your consideration. Sincerely, �c Dennis D. Douglas 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public Works /City EngineerUR FROM: Jason J. Law, Assistant City Engineer C� SUBJECT: Award Quote /12 -07 & 12- 12/2012 Trail & Parking Lot Maintenance - Engineering DATE: August 21, 2012 INTRODUCTION The City Council is requested to receive quotes and award the contract for Projects 12 -07 & 12 -12, 2012 Trail and Parking Lot Maintenance. DISCUSSION The Trail and Parking Lot Maintenance program is an effective technique utilized to protect and prolong the life of the City's infrastructure. The City has been sealing our trails and parking lots since 2005. This year the project includes application of a fog seal, which is a different material than what we have been using in past years but is approximately '/4 of the cost. Other Cities in the metro area, including MnDOT, have been using fog sealing on trails, parking lots and streets to seal the pavements to protect them from oxidizing and prematurely deteriorating from the effects of weather. The attached maps depict the locations included with this project. The lowest (and only) quote received is follows (quotes requests were sent out to five contractors): Contractor Bid Amount Allied Blacktop Co. $17,757.60 BUDGETIMPACT This project has been identified in the City's Capital Improvement Plan. The funding for this work will be from the Road & Bridge Fund/Pedestrian Trail Fund, Capital Equipment Reserve Fund (Parking Lots), and general maintenance budget (sanitary sewer and water) for lift stations and well houses. If this method proves to be effective, it could be a maintenance product that could reduce the costs associated with our annual maintenance projects, though it is not expected to last as long as the previous products that we have used. With the expected reduction in costs, staff anticipates that the trails in the City could be sealed more frequently than the current approximate 10 -year cycle that they are on, while also reducing the overall costs. The engineering and public works departments will monitor this product over the next several years to evaluate its performance. ACTION REQUIRED The City Council is requested to award the contract to Allied Blacktop Co. in the amount of $17,757.60 for Projects 12 -07 & 12 -12, 2012 Trail and Parking Lot Maintenance. ectfully submitted, Jason J. Law Attachments: Location Maps oe 3- t� 'x .9-4 M P'J x ss M k � }'`fro i oo- %A3-EA, ty S if ,d.E 4. .... 'x .9-4 M P'J I lil ty S ±r PF rc �, �10. v £2 r is 4� --Z L. Q Am. IV ­ ORAMM Abu MY 4�,Qp Z_82 MAE* Q -vWQ,Vj%qQ- �`"p ) APPOWN M f , 41, 65, -out A m m rent �4 r -7 ;y F2 � 1^lY W"°mgq f 5 f 1 4` y � B� zn�� €, coo Sao T$jvn FYW $ a c � e „z *� t z I % atasal c '" M t 3 s .. < g c € c aAt MT as a s' TZ sir -us- g L s }. a ," x €, r i - s z` p r, ,3 o, t 1 % k r " lu u'm 4 �' � A- °ee , i s &��€� d ;x�" a ^1 . 3 '` s„ q 1 la' �s Sim =tea Est w x a; c, yz °& " x ? 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Berkowitz, Director of Public Works /City Engineer is Accept Petition/Order Feasibility Report/12- 32/2118/2120 —140th Lane NW/WM - Engineering August 21, 2012 INTRODUCTION The City has received a petition from the property owner of 2118/2120 — 140th Lane NW requesting the improvement of water main (see attached petition), Project 12 -32. DISCUSSION The petition is the first step in the assessment process. A feasibility report will be prepared and discussed with the petitioner. It will then be brought back to the City Council at a future City Council meeting. This is the first petition for the 140th Lane NW Water Main Improvements, City Project 11 -43 in which the water main improvements were funded by CDBG funds. BUDGET IMPACT The cost of the improvement would be assessed to the property owner over a 5 year period. ACTION REQUIRED The City Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvement of water main for Project 12 -32, 2118/2120 —140th Lane NW. Respectfully submitted, w �1 o•�-dL c� , David D. Berkowitz Attachments: Resolution & Petitioner cc: Lisa Johnson (sent by email) 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 WATER MAIN , FOR PROJECT NO. 12-32, IN THE AREA OF 2118/2120 — 140 LANE NW. WHEREAS, the City Council has received a petition, dated August 15„ 2012 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared 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 Director of Public Works /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 21St day of August 2012, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk August 15, 2012 Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements of watermain sanitary sewer, storm sewer and streets (circle one or more) with the costs of the improvement to be assessed against my benefiting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 -year period. Sincerely, Lisa Johnson Phone 612- 369 -5535 Property Address: 2118/2120 140' Lane NW Andover, MN 55304 C: \DOCUME -1 \Owner\ LOCALS- 1\ TEMPOR ^i \Content.IE5\IY51HP8D\PETITION SINGLE.doe 9 C I T Y O F �. ND 6 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Erick Sutherland, Recreational Facility Manager SUBJECT: Approve - Fee Ordinance No. 420 DATE: August 21, 2012 INTRODUCTION The Recreational Facility Manager along with the ACC Advisory Commission is recommending the following changes to the Fee Ordinance. fceTime Current Proposed Effective Prime - Weekdays $185.00 $190.00 9/1/12 Prime - Weekends $185.00 $190.00 9/1/12 Current Proposed Effective Skate Rental $3.00 9/1/12 Helmet Rental $2.00 9/1/12 *A survey of other facilities was done to help determine the proposed changes. BUDGETIMPACT The additional revenues will help off set the operational costs of the Community Center. ACTION REQUIRED The Andover City Council is requested to approve the new fee ordinance for the Andover Community Center. Respectfully submitted, z Erick Sutherland Recreational Facility Manager CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. 420 AN ORDINACE AMENDING THE CITY CODE TITLE 1 -7 -3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLCTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: City code 1 -7 -3 is hereby amended as follows: Community Center Ice -Prime Weekdays and Weekends $190.00 Skate Rental $3.00 Helmet Rental $2.00 Adopted by the City Council of the City of Andover on this Attest: CITY OF ANDOVER Michelle Hartner- Deputy City Clerk Michael R. Gamache -Mayor AC I T Y 0 F 'Lb 6, Y 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval Application for Exempt Permit/Andover Lions DATE: August 21, 2012 INTRODUCTION The Andover Lions has submitted an application for a raffle at an event they are hosting on October 5, 2012 at the Courtyards of Andover, 13545 Martin Street NW. DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Application u11►1► " . AV is) lKey" 1041 LG220 Application for Exempt Permit 6/12 Page 1 of 2 An exempt permit may be issued to a nonprofit organization that: Application fee - conducts lawful gambling on five or fewer days, and If apolication posted or received: - awards less than $50,000 in prizes during a calendar year. less than 30 days more than 30 days If total prize value for the year will be $1,500 or less, contact before the event before the event the licensing specialist assigned to your county. $100 $50 ORGANIZATION INFORMATION Organization name Previous gambling permit number Andover Lions Club X -02254 Minnesota tax ID number, if any Federal employer ID number (FEIN), if any Type of nonprofit organization. Check one. - Fraternal Religious Veterans Other nonprofit organization ,- Mailing address City State Zip code County 16185 Verdin Street NW Andover Mn 55304 Anoka Name of chief executive officer [CEO] Daytime phone number E -mail address Doug Rising NONPROFIT STATUS Attach a copy of ONE of the following for proof of nonprofit status. - Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 60 Empire Drive, Suite 100, St. Paul, MN 55103 Phone: 651- 296 -2803 I I IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877- 829 -5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization [charter] If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place. Courtyards at Andover Address [do not use PO box] City or township Zip code County 13545 Martin Street Andover 55304 Anoka Dates] of activity. For raffles, indicate the date of the drawing. October 5, 2012 Check each type of gambling activity that your organization will conduct. Bingo* X Raffle Paddlewheels* Pull -tabs* Tipboards* *Gambling equipment for bingo paper, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.gcb.state.mn.us and click on Distributors under the WHO'S WHO? LIST OF LICENSEES, or call 651- 639 -4000. LG220 Application for Exempt Permit 6/12 Page 2 of 2 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after 30 [60 days for a 1st class city]. days. The application is denied. The application is denied. Print city name Print county name Signature of city personnel Signature of county personnel Title Date Title Date TOWNSHIP -If required by county. On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. i 44 [A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.166.] �61i'tu��iV IiElpgl (19}y9; ii Print township name Signature of township officer Title Date CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board ' hin 30 days of the event date. Chief executive offic�ec's signature Date Print name REQUIREMENTSlesetfor,'.m Complete a separate application for: Financial report and recordkeeping required - all gambling conducted on two or more consecutive days, or A financial report form and instructions will be sent with your - all gambling conducted on one day. permit, or use the online fill -in form available at Only one application is required if one or more raffle www.gcb.state.mn.us. drawings are conducted on the same day. Within 30 days of the event date, complete and return Send application with: the financial report form to the Gambling Control Board. a copy of your proof of nonprofit status, and _ application fee. Make check payable to "State of Minnesota." Questions? _ Call the Licensing Section of the Gambling Control Board To: Gambling Control Board at 651- 639 -4000. 1711 West County Road B, Suite 300 South This form will be made available in alternative format (i.e. large print, Braille) Roseville, MN 55113 upon request. Data privacy notice: The information requested on this All other information provided will be pri- General; Commissioners of Administration, form (and any attachments) will be used by the Gambling vate data about your organization until the Minnesota Management & Budget, and Control Board (Board) to determine your organization's Board issues the permit. When the Board Revenue; Legislative Auditor, national and qualifications to be involved in lawful gambling activities in issues the permit, all information provided international gambling regulatory agencies; Minnesota. Your organization has the right to refuse to will become public. If the Board does not anyone pursuant to court order; other indi- supply the information; however, if your organization issue a permit, all information provided viduals and agencies specifically authorized refuses to supply this information, the Board may not be remains private, with the exception of your by state or federal law to have access to able to determine your organization's qualifications and, organization's name and address which will the information; individuals and agencies as a consequence, may refuse to issue a permit. If your remain public. Private data about your for which law or legal order authorizes a organization supplies the information requested, the Board organization are available to: Board mem- new use or sharing of information after this will be able to process the application. Your organization's bers, Board staff whose work requires notice was given; and anyone with your name and address will be public information when received access to the information; Minnesota's written consent. by the Board. Department of Public Safety; Attorney 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Accept Contribution / Sweet Toppings LLC / Hickory Meadows Park DATE: August 21, 2012 INTRODUCTION This item is in regards to approving a resolution accepting a contribution made by Sweet Toppings LLC to be used towards Hickory Meadows Park. DISCUSSION Sweet Toppings LLC has made a one -time contribution of $47.10. ACTION REQUIRED The City Council is requested to approve the resolution accepting the contribution. R, eesss/peectfully submitted, V ' e- Lee Brezinka Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS HICKORY MEADOWS PARK. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from Sweet Toppings LLC to be used towards Hickory Meadows Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards Hickory Meadows Park. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 21 st day of August 2012, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk NDOV'E: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Commander Kevin Halweg - Anoka County Sheriff's Office Anoka County Sheriffs Office Monthly Report - Sheriff August 21, 2012 io INTRODUCTION Lt. Shelly Orlando from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the July 2012 monthly report. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriff's Office Attachment: July 2012 Monthly Report CITY OF ANDOVER jul_Y 2012 ITEMy�f .�. Sunday Y Y . une �2.:: YTD�2012 YTD 2Q]x1 Radio Calls * 1,001 884 5,666 5,858 Incident Reports 945 720 5,009 5,007 Burglaries 18 5 52 43 The s 78 ** 24 266 326 Crim Sex Conduct 2 3 10 11 Assault 3 3 21 16 Damage to Property 25 25 114 104 Harass Comm 6 8 46 65 Felony Arrests 7 1 38 46 Gross Misd Arrests 1 3 12 10 Misd Arrests 25 12 145 189 DUI Arrests 6 3 48 68 Domes c Arrests 2 9 29 33 Warrant Arrests 7 6 40 48 Tra c Arrests 299 205 1,386 1,193 * Total Radio Calls for the month and YTD are the sum from City of Andover and Community Service 0 cer pages. ** 37 out 78 Theft offense incidents are "Thefts from Motor Vehicles." DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 00:43 20:30 19:38 20:20 20:35 21:57 CITY OF ANDOVER - COMMUNITY SERVICE OFFICERS JULY 2012 j M v ITE t x F>..H, <. x'R.�✓ :5 w,y P July 12 n.G"4' „=k'^' t-*s. ryy J ne 12 5i �YTD U12� zT'*, , ,.>. -. a4t ws"5 YTD 2011 r,s mss}.,, r�3,a.;sa' Radio Calls 102 98 644 712 Incident Reports 106 102 699 739 Accident Assist 8 2 22 34 Vehicle Lock Out 13 20 128 178 Extra Patrol 295* 260* 1,519 1,187 House Check 0 0 14 76 Business Check 2 0 9 38 Animal Complaints 47 37 247 269 Tra c Assist 8 7 64 79 Aids: Agency 57 64 463 983 Aids: Public 58 37 269 217 Paper Service 0 0 0 12 Inspec ons 0 0 2 0 Ordinance Viola ons 0 3 14 24 * Higher number of Extra Patrol due to Parks patrol shi Y 0 F O j E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: 117.11a; Mayor and Councilmembers Jim Dickinson, City Administrator David L. Carlberg, Community Development Director u. Consider Preliminary Plat of Walmart at Andover Station located at 1851 Bunker Lake Boulevard NW. August 21, 2012 INTRODUCTION The proposed plat would divide the existing 26.99 acre parcel into a lot of 19.69 acres, an outlot of 6.38 acres, dedicate right -of -way for Jay Street NW (.92 acres), and establish drainage and utility easements for utilities, ponding and wetland areas. Review Process City Code Title 11 provides the requirements for preliminary plat review. The Planning Commission is asked to review the proposal for conformity with these requirements as well as for conformity with the Comprehensive Plan. DISCUSSION City Code 11 -3 -1 General Requirements A. Conformance with Comprehensive Plan. The Land Use Classification is General Commercial. General Commercial (GC) is intended to be the focal point of commercial activity in the city on a larger scale than the Neighborhood Commercial District and may serve a trade area that extends beyond the City limits. This district provides a complementary mix of uses, including retail, service, office, entertainment and civic facilities. Site design must provide convenient access for both pedestrian and vehicular traffic. The architecture of structures must complement an overall architectural theme for that district. General Commercial districts that are located adjacent to residential properties must provide extensive berming, landscaping and physical separation to ensure an appropriate transition is created. City Code 11 -3 -1 General Requirements B -F. The attached preliminary plat covers all of the owner's contiguous land and shows adjacent properties within 100 feet as required. Both proposed parcels will have access to public streets. The development will be required to provide infrastructure within the plat to meet their needs and will be required to pay for improvements to public infrastructure required as a part of the proposed project (traffic study), sewer, water, storm sewer, etc. City Code 11 -3 -2 Street Plan Lot 1, Block 1 is proposed to be served by two access points on Jay Street NW and a third access point on Bunker Lake Boulevard NW. A traffic study has been prepared to identify the volume of traffic that will be created by the proposed use of the subject property and the impact it will have on the existing transportation improvements, and improvements that are recommended to maintain adequate functioning of the roadway system. The traffic study has been reviewed by the City and Anoka County. Although access points to the site are acceptable in concept, additional revisions to the traffic study maybe required. City Code 11 -3 -4 Easements The proposed plat provides drainage and utility easements over ponding and wetland areas. There are existing easements over existing public utilities. City Code 11 -3 -6 Lots The proposed lot and outlot will provide a contiguous area that exceeds the minimum lot width (100 feet), depth (150 feet) and area (24,000 square feet) required by City Code 12 -3 -4. Soil borings and a geotechnical report have been prepared to establish a first floor elevation of 895 feet above sea level. Each of the lots will exceed 50 feet of public street frontage. City Code 11 -3 -7 Parks Playgrounds, Open Space and Public Uses: The Park and Recreation Commission will review the proposed plat at their August 16, 2012 meeting and make a recommendation to the City Council on the park dedication requirement. City Code 1 -7 -3 establishes the commercial /industrial rate as the lesser of $7950 per acre or 10% of the market value. $7,950 per acre will be applied to Lot 1, Blockl and collected as a condition of approval. Due to the potential for future subdivision of Outlot A, park dedication for this lot will be deferred until further development of the property is proposed. City Code 11 -3 -8 Trails This section allows the city to collect a trail fee for regional trails. The fee schedule in City Code 1 -7 -3 and preceding Resolution R044 -01 establish the developer's responsibility to construct trails adjacent to their site in lieu of trail fees. In this case, the planned trail along the west side of Jay Street has already been constructed and assessed as part of that project. There is no plan to construct a trail along the north side of Bunker Lake Boulevard due to the close proximity of the DNR protected wetland to the west to Bunker Lake Boulevard. City Code 11 -4 Required Improvements A development contract and financial security will be required to ensure all of the required improvements are completed, including; grading, erosion control and tree protection, installation of utilities, landscaping and all other improvements shown on the approved plans. City Code 11 -4 -9 Drainage Facilities The proposed grading plan has been reviewed by the city for compliance with its Water Resource Management Plan and by the Coon Creek Watershed District (CCWD) for compliance with their requirements. Attached is the Notice of Permit Application Status from the CCWD dated July 31, 2012. Preliminary review by their staff indicates that the current proposal and site plan can meet their standards. City Code 13 -6 Buffer Strips and Standards for Protection of Wetlands and Storm Water Ponds Plans show 16.5 foot wide buffer strips adjacent to wetlands and storm water ponds. City Code 14 -1 Floodplain Regulations The city has adopted regulations required for participation in the FEMA Flood Insurance Program. The Preliminary Plat (C2.03) shows areas of both Zone B and Zone C on the site. Zone B represents areas within the 500 -year flood plain with less than a 0.2% annual probability of flooding. Zone C represents areas outside the 500 -year flood plain with less than a 0.2% annual probability of flooding. The city's floodplain regulations will not affect the proposed project. City Code 11 -4 -14 Dead and /or Diseased Trees, City Code 4 -3 Tree Preservation and City Tree Preservation Policy The Existing Conditions Topography Plan (C2.02) generally shows existing trees with clouded borders. The proposed Erosion Control — Tree Protection Plan (C5.01) shows the location of silt fence at the perimeter of the building, parking and ponding areas. Areas outside of the silt fence will not be disturbed. Coordination with other Agencies The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU, Anoka County Highway Department and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. Planning and Zoning Commission Recommendation The Planning and Zoning Commission reviewed the preliminary plat at their August 14, 2012 meeting and conducted a public hearing as required. The Commission found the plat to be in conformance with the City Code and is recommending the City Council approve the plat with the conditions listed on the attached resolution. The recommendation of approval passed on a 4 -3 vote. Attached are the draft minutes from the Planning and Zoning Commission meeting for Council review. ACTION REQUESTED The City Council is requested to approve the preliminary plat of Walmart at Andover Station. Attachments Resolution Location Map Plan Sheets (11x17 in packet) CCWD Notice of Permit Application Status Letter from Margaret and Robert Skogberg dated August 5, 2012 Email from Charlie Craven received August 9, 2012 Email from Becky Schurmann received August 14, 2012 Handout from Dawn Schnickels- Johnson presented at the August 14, 2012 Planning and Zoning Commission meeting Draft Minutes of the August 14, 2012 Planning and Zoning Commission meeting Respectfully sub tted, David L. Carlberg Cc: Erik Miller - MFRA, Inc. 114800 28'h Ave N, Ste. 140, Plymouth, MN 55447 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WALMART AT ANDOVER STATION" LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to the published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and approves the preliminary plat of "WALMART AT ANDOVER STATION ", subject to the following conditions: 1. The preliminary plat shall conform with plat drawing revised 2012, and stamped as "Received by the City of Andover" 2012. 2. The Grading, Drainage and Erosion Control Plan shall be revised as necessary to obtain approval from the Andover Review Committee and the Coon Creek Watershed District. 3. Drainage and utility easements shall be provided to cover all areas of the project that lie at or below the 100 year flood elevation. 4. The applicant shall agree to revise the Traffic Impact Study as necessary and continue to work with the Anoka County Highway Department to resolve access and road improvements concerning county roads. 5. The applicant shall be required to make the following improvements: a. Extend the median on Jay Street NW and construct all roadway improvements associated with the extension of the median north of Bunker Lake Boulevard NW to a distance that is required for the full build out. This shall be identified in the Traffic Impact Study. b. Construct the 3/ intersection on Bunker Lake Boulevard and related turn lanes on the westernmost access point. c. Construct other road and access improvements as may be identified through revisions to the Traffic Impact Study. d. All trail relocations within City easement or right -of -way that may be required as part of the project. 6. The applicant/developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. Park dedication shall be paid based on the area being developed and at a fee as identified in City Code 1 -7 -3. Fees for Outlot A will be charged when the oulot is developed. 9. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure subdivision improvements will be completed. 10. All storm sewer and drainage areas on the site are considered private and shall be maintained by and at the owner's expense. Adopted by the City Council of the City of Andover this _ day of 2012. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk EXHIBIT A The Southwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. EXCEPT That part thereof, described as follows: Commencing at the point of intersection of the north line of County Road No. 116 and the west line of said Southwest Quarter of the Northeast Quarter; thence North along said west line to the southeast corner of Red Oaks Manor 4th Addition; thence North 52 degrees East 600 feet; thence South 38 degrees East 450 feet; thence South 52 degrees West to a point on a line parallel and 450 feet East of the west line of said Southwest Quarter of the Northeast Quarter; thence South on said parallel line to the north line of County Road No. 116; thence West along said north line to point of beginning, according to the United States Government Survey thereof and situate in Anoka County, Minnesota; ALSO EXCEPT The North 103.64 feet of the East 315.47 feet of the Southwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. 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I I saa A r_ O w M W r CL z j_ to Z _ O Z N z d u �sIL �� a a A' N < M1 =i V 8 AxA q gill i $$ s a d °�: ;<A lea fr ll 3xap Alp s AE o•$� 13 p 4A ���INIM, Ill �IHS g ` u 1FY.. ..;� v 4 /abl( L.1 I _ I I I r' 1 S� 0 �� \• SOviv.O I. I I saa A ro 410 IL a ■ a I♦ c9n %4- E E �0�1 W0 ° JO N c �O GZ �OY u 3v~i a`�H Q�;e v �O,j, 'nos` z.. vLi n=a Lei .J i L . k qg� i a i i z I i Q7 v J Q1 Y C 7 0 v W C O Ln 0 _v W O 7 Ba' s} 4� Y i o� t? rA N v a+ N T 0 L w M ui w c 0 N w O � �l Y� z S aj 0 ro Q N O N bG 7 a \I I As such, the Board of Managers of the Coon Creek Watershed District has directed staff to work with Wal -Mart of Andover to route stormwater discharge through the Andover Station North wetland mitigation provided the routing meets the stipulations listed above and is feasible. The concept of this routing is acceptable pending final approval of the Wal-Mart of Andover grading and development application by Coon Creek Watershed District Board of Managers. Preliminary staff reviews of the current site plan would indicate that the existing proposal and site plans can meet current CCWD standards for this area. Ultimately the proposal would require additional detailed review of the overall stormwater plans including the proposed connection to City storm sewer. Any significant material changes to the current proposed plans would require further full CCWD review. The Technical Evaluation Panel (TEP) has reviewed the application for wetland impacts submitted by the applicant. (See attached Technical Evaluation Panel Findings Of Fact) The TEP has determined that the current proposal is eligible for a De Minimus exemption under the Wetland Conservation Act. (See attached Exemption notice) If there are no proposed changes to the current site lay out which alter the proposed wetland impacts beyond the scope of this exemption the applicant will not be required to mitigate. In addition the TEP agreed that there is potential for significant ecological benefit to the local water resources if the applicant continues to pursue on site water quality treatment then routes the water through the Andover Station North Wetland Mitigation area. Any significant material changes to the current site layout would require additional full CCWD review to ensure compliance with District Rules. Please be advised that this is not a permit, and that work without a permit is a violation of the terms of the Coon Creek Watershed District Rule 5.1. If you have any questions, please call 763 - 755 -0975. Sincerely, Thomas Gile Regulatory Affairs Coordinator cc: File 2 -1 -12 -020 Tim Kelly, CCWD Dave Berkowitz, City of Andover Ed Matthiesen, Wenck CERTIFICATE OF EXEMPTION Project: Wal -Mart of Andover Applicant: Wal -Mart Real Estate Business Trust Attn: John Clarke 2001 SE Tenth Street Bentonville, AR 72716 -0550 Permit Application #: 12 -020 Location: NE' /, of Section 34 Andover, MN (Formerly Pov's Sorts Bar) in the NW '/4 of County Roads 78 and 116 . Purpose: Exemption On July 30, 2012, the District Administrator of the Coon Creek Watershed District reviewed your application with the following exhibits: 1. Wetland Permit Application (Exemption) for Wal -Mart Store #1999 -00 In Andover, MN MFRA #18936; Dated 7- 10 -12, Received 7 -11 -12 2. TEP Findings of Fact Dated 7- 18 -12, Received 7 -26 -12 The Administrator found the activity as planned is exempt from the Rules and Regulations, and Guidelines of the District regarding the Wetland Conservation Act. The project is exempt from the Wetland Conservation Act for the following reasons: 1. The proposed 883 square feet of fill is exempt under Minnesota Rule 8420.0420 Subpart 8 (A)(2)(b). a. De minimus Exemption This certification only applies to the WCA of 1991 including applicable adopted amendments. Permits from local, state, and federal agencies may be required. Check with the appropriate authorities before commencing work. This document is not transferable. NOTE: This certifies that the proposed activities are Exempt from MN Rule as stated above. However, a CCWD Permit will be required prior to construction to address any additional items which fall under CCWD rules. Date of Issu e: 7 31/2012 Tim Kel , D' ct A ninis or Cc: File 2 -1 -12 -020 Todd Ullom, MFRA Rob Olson, MFRA Dennis Rodacker, ACD Lynda Peterson, BWSR Andrew Beaudet, USACOE Dave Berkowitz, City of Andover Ed Matthiesen, Wenck APPEAL OF THIS DECISION Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the following as indicated: ;necx one: Appeal of an LGU staff decision. Coon Creek Watershed District Attn: District Administrator 12301 Central Ave NE Suite 100 Blaine, MN 55313 petition to: Appeal of LGU governing body decision. Send petition and $500 filing fee to: Executive Director Minnesota Board of Water and Soil Resources 520 Lafayette Road North St. Paul, MN 55155 WETLAND CONSERVATIONACT FINDINGS OF FACT Date: July 18, 2012 LGU: Coon Creek Watershed District (CCW1D� County: Anoka LGU Contact: Tim Kelly Project Name /# Wal -Mart of Andover Phone #: 763 - 755 -0975 Location of Project: NE1/4 of Section 34 Townsbin 32N Ran eg 24W City of Andover Anoka County Minnesota TEP Members (and others) who reviewed the site for the final inspection: (Checked if viewed project site) (X) Anoka County Soil and Water Conservation District (ACD): Dennis Rodacker (X) Board of Water and Soil Resources (BWSR): Lynda Peterson (X) LGU CCWD: Tom Gile (X) Department of Natural Resources (DNR: Kate Drewry (X) Army Corps Of Engineers (USACOE): Andy Beaudet Other Wetland Experts present: Todd Ullom (MFRA) TEP requested by: _ Todd Ullom (MFRA) 1. Type of TEP determination requested: Application for Impacts and associated Exemption approval 2. SUMMARY: A Wetland application for impacts was submitted by the MFRA, Inc. Dated 7/10/12 received by the CCWD on 7/11/12. Wal -Mart is proposing a retail commercial building and associated parking and stormwater facilities at the previously existing Pov's Sports Bar in Andover, MN. This new commercial site is referred to as Wal -Mart of Andover. The TEP met on 7/17/12 consisting of Lynda Peterson (BWSR) and Tom Gile (CCWD). Comments from Dennis Rodacker (ACD) were received via email since he was unable to attend the meeting in person. Also in attendance was Andrew Beaudet of the USACOE. The applicant requested a review and comment on the following items; 1. Concurrence from the TEP that wetlands identified on site as Wetlands # 2 &3 are Incidental wetland. 2. The application for impacts requests that impacts associated with Wetland # 1 are eligible for a de minimus exemption under the Wetland Conservation Act. 3. COMMENTS Concurrence from the TEP that wetlands identified on site as Wetlands #2 &3 are Incidental wetland. a. Wetland #2 is clearly identified in the grading plan for Pov's as a stormwater basin. b. Wetland 42 does meet the 3 criteria for wetland c. Wetland #2 was clearly created in upland to serve as a stormwater treatment device d, Grading plans and CCWD staff reports from the original creation of Wetland 42 were provided by the applicant e, Wetland #3 is clearly an excavation in an upland area. f. Steep side slopes (4' difference in elevation and slopes which are nearly vertical) with no drainage system would indicate prior excavation in upland likely intending to remove material for some other purpose. CONCLUSION: Wetlands #2 & #3 are Incidental and are not regulated under the Wetland Conservation Act (8420.0150 Subp. 2. (D.)) 3. COMMENTS 2. The application for impacts requests that impacts.associated with Wetland #I are eligible for a de minimus exemption under the Wetland Conservation Act. a. Wetland #1 is located in Anoka County, which falls within the 50 -80% Pre - Statehood Wetland area for regulatory purposes. b. Wetland # 1 is located outside of the shore land wetland protection zone c. Wetland #1 is located within the 11 county metropolitan area. (Anoka County) i. (8420.0420 Subp. 8. F.) d. Minnesota DNR Waters Field Survey Report Indicates that wetland #1 is 17 acres. e. There are no prior recorded wetland impacts to wetland #1. f. The portion of wetland #l, which lies on the landowner's property, is approximately 2.68 acres and extends beyond the subject property. g. 5% of the wetland #1 located on the subject property equals 5,843 square feet. h. The applicant proposes an impact of 883 square feet to wetland #1 CONCLUSION: Wetland impacts proposed totaling 883 square feet are eligible for the De minimus exemption under the Wetland Conservation Act (8420.0420 Subp. 8 (A)(2)(b)) 4. CONCLUSION At this time the TEP is concurs with the finding that Wetlands #2 and & #3 are Incidental and not regulated under the Wetland Conservation Act. (8420.0150 Subp. 2. (D.)) At this time the TEP agrees that the proposed 883 square feet of impact proposed to Wetland #1 is eligible for the De minimus exemption under the Wetland Conservation Act (8420.0420 Subp. 8 (A)(2)(b)) The TEP agrees that the LGU (Coon Creek Watershed District) may issue an Exemption under (8420.0420 Subp. 8 (A) (2) (b)) for the proposed impacts to wetland #1 with the following stipulations; 1. Appropriate erosion control measures are taken to prevent sedimentation of the wetland or any receiving waters. 2. The activity does not bloc fish activity in a watercourse, except when done purposely to prevent movement of undesirable fish species in accordance with a recommendation from the commissioner 3. The activiti7y is conducted in compliance with all other applicable federal, state, and local requirements, including best management practices according to the documents referenced in part 8420.0112, items L, M, N and water resource protection requirements established under MN statutes, Chapter 103H. 4. The Coon Creek Watershed District review and approve the grading and development plans for Wal -Mart of Andover. NOTE: In addition to the above requests, the applicant verbally requested TEP input regarding the potential of routing treated stormwater from the Wal -Mart of Andover site through City Storm sewer located in Jay Street to the adjacent wetland mitigation site in the Andover Station North Development. The TEP agreed that the wetland mitigation site in Andover Station North is woefully lacking in wetland hydrology and recommended that the applicant pursue routing as much stormwater volume to the mitigation site as is feasible under the previous Coon Creek Watershed District approval issued to Ryan Companies at the July 9, 2012 CCWD Board of Managers meeting. The TEP agreed that this proposed routing has potential to be of significant ecological benefit to the water resources in the immediate area. The applicant is proposing a creative use of existing infrastructure to meet site needs and benefit the water resources. Such routing would require all applicable City and Watershed review and approvals. 4. SIGNATURES: (if TEP decision is not a consensus, note with an asterisk and explain on the bottom of this page) SWCD Representative (Date) BWSR Representative (Date) LGU Representative (Date) Margaret and Robert Skogberg 13808 Nightingale St. N. W. Andover, MN. 55304 Planning and Zoning Commission David L. Carlberg 1685 Crosstown Boulevard N. W. Andover, MN. 55304 August 5, 2012 REF: Walmart at Andover Station: (763) 755 - 2896 RECEIVED AUG 6 2012 CITY OF ANDOVER We feel having a Walmart at Andover Station would be good for Andover. The city needs to add to its tax base and this would help. This area was set up to be commercial. There are few houses to be impacted near this location. The roads are already in place to handle the traffic. We have no problems with Walmart being part of our neighborhood. Walmart should be allowing to do business in that location, if Walmart complies with the city's regulations, I have heard there are people in the community that do not want this big box store in our city. I heard it said, " We in Andover are not that kind of people." They do not speak for me. I have been an Andover resident for over 38 years. I am one of those kind of people. There must be a lot of "Those kind of people," since Walmart is so successful. We are relieved to have the ball parks noises gone this summer. We put up with yelling and shouting almost every night every summer evening while Pov's was operating its business. Walmart noise will not be as irritating as drunks screaming and yelling. Please consider allowing Walmart to do business in our city if they meet all the regulations required of a business. Many other businesses have requested and received a special us permit and Walmart should be given the same courtesy. Sincerely, 4-:j l 174, Margaret and Robert Skogberg Dave Car[berg From: Charlie Craven [ccraven03 @gmail.com] Sent: Thursday, August 09, 2012 8:13 PM To: Dave Carlberg Mr. Carlbeg, Please include the following in the public record for the Planning and Zoning Commission's meeting at 8:01 PM on August 14th 2012 regarding the Wa -1Mart at Andover station. I have had concern for a Wal -Mart being built at 1851 Bunker Lake Blvd, since the first time I heard of the possibility. My primary concern is crime, The Wal -Mart in Windsor Heights, Iowa accounts for 50% of that police station's 911 calls (that is a stat from an acquittance who was a police office at Windsor Heights). My next concern, if for the traffic increase on Jay street. I myself bike often along Jay. I along with many others (including small children) walk along Jay, heavy traffic along this road will increase the risk for all walkers. Lastly, I would like to remind the commission of the beauty that Andover has (including it's wetlands) I am worried that if such a large building and parking lots is to be built it would ruin the wetlands that are so critical to our city's water supply. I enjoy opening my windows in the morning and hearing the birds singing, as do many of my neighbors. Wal -Mart would ruin that for all of us. I urge the commission to think hard about this decision, would you enjoy higher traffic, more crime, and an overall lower quality of life because there was a group of people who could prevent it and didn't? Please do not allow the Wal -Mart to build so close to a residential area. If Wal -Mart is allowed to build a store there, the day they break down will be the day that I begin to find a new city to live in. I moved to Andover because of the high quality of life here. Wal -Mart does not add to that life style. If you have any questions or concerns please feel free to contact me. I am sorry I can not be at the meeting in person I am out of town for work. Regards, Charles Craven 1810 139th Ave NW Andover, MN 55304 612 240 0297 PS, Mr. Carlberg, Can you reply to me letting me know receipt of this message and that it will be read at the meeting so everyone will know of my concerns? Thanks in advance. Dave Carlberg From: Schurmann, Becky [Becky.Schurmann @allina.com] Sent: Tuesday, August 14, 2012 11:19 AM To: Dave Carlberg Subject: Public Hearing regard Walmart Hello, I am unable to attend the hearing tonight so I am requesting that my email be added to the public record. My name is Becky 5churmann and I own a townhome in the Parkside at Andover Station neighborhood so the Walmart that is being proposed would literally be right in my backyard. I have lived in my home since 2009 so I have had a few years of experience in living with POVs in that location. To say I was less than thrilled when I heard POVs were leaving is an understatement. I have dealt with loud, inebriated people stumbling into my neighborhood at all hours of the night. Someone drove through my lawn on several occasions and my neighbor actually caught an individual trying to break into his house. I have also witnessed on too many occasions to count what I am sure was illegal behavior going on in cars that had left POVs and moved on into the parking lots by the baseball fields. I have to admit there were times especially on Friday and Saturday nights that I was a bit apprehensive to go out with my dog if it was later in the evening wondering if I would run into someone who had stumbled out of the bar. The news that POVs was leaving was great. I imagined a nice family restaurant or perhaps one of the strip malls that had some nice shops. Something that would fit in well with the family friendly city that attracted me to Andover in the first place. Then I heard that Walmart was interested in the property and all I could think of was "here we go again ". I am not against Walmart as a company (although I have heard some not so great stories about how they treat their employees) I just don't want this huge establishment right in my back yard. I know there have been studies done regarding how much crime increases in neighborhoods where Walmarts are built. I should be able to feel safe walking in my neighborhood after dark but I doubt that will happen since the store will bring a huge amount of additional people into the neighborhood. I am greatly concerned about the noise from the semi's unloading at all hours of the night and the air pollution that this is going to cause. Also, if the store is going to sell liquor that will attract a different type of crowd and additional crime on it's own. I have an 11 year old daughter who likes to ride her bike around the neighborhood but I think that will become a thing of the past with the additional traffic that will be on Jay Street. Her bus stop for school is on Jay Street and 139'h and I would be very apprehensive to let her stand out there by herself with the increased traffic. I already witness daily people who don't want to have to go through the already busy intersection at Bunker Lake Blvd and Hanson Blvd so they use Jay Street as an alternative. I can't even imagine how much that will increase if people are trying to avoid the traffic that will be in front of Walmort. Also, the amount of traffic going north on Hanson Blvd in the evening rush hour is already horrific. I see accidents all the time on Hanson Blvd just north of Bunker Lake Road at the spot where the two lanes merge into one. I would imagine all of the increased traffic in the area it is only going to make this problem even worse and a bigger danger to homeowners who must drive in the area. When I bought my home I was concerned about how close I was to POVs and was assured by my builder (who have now gone out of business) that all of the area behind POVs was wetlands and that nothing could ever be built there. I bought my home on that assumption and now I understand that wasn't really the case. I am very disappointed in hearing that most of it would be going away not to mention the fact that it is going to lower the value of my home and deter future home buyers to the area. In conclusion, I want to state once again that I do NOT want a Walmart to be built on the old POV's location. The increased noise, traffic and crime would be a great detriment to those who live in the area and to the city of Andover itself. Please keep the city of Andover to be a family friendly place that we have all come to love. Sincerely, Becky Schurmann 1841 139Th Ave NW Andover, MN 55304 (763) 432 -2755 This message contains information that is confidential and may be privileged. Unless you are the addressee (or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please advise the sender by reply e -mail and delete the message. Andover Residents Concerned About Walmart Building on the POV's Site As residents we have a number of concerns regarding the possibility of Walmart building on the Pov's site. First our questions: 1. Is this a 'done deal' or is this still at a stage where the Andover residents can persuade the Planning and Zoning Commission and the Andover City Council to VOTE NO? 2. What are the list of variances Walmart is requesting and how does that compare with previous and future businesses and their requests? Can you please list each of these and publish them in the newspaper and read them at the Planning and Zoning Commission meeting and the Andover City Council meeting. a. Isn't the property currently zoned General Business and therefore does not allow for a 24 hour / 7 days a week business? b. Doesn't the city have an ordinance or rule regarding no overnight parking? C. How many'off sale' liquor licenses has the city determined will be granted? d. What about traffic restrictions and regulations which doesn't allow some of our present local businesses to have turn lanes across Bunker Lake Boulevard without a light? (Such as access to Target if you are traveling westbound.) e. Wetlands and other land use surrounding the present property. 3. What are the back taxes and penalties, etc. due against this property? Who will be paying these taxes? 4.. What responsibility does the present owner have and what steps are being taken to recover the taxes? Is the property owned solely by one person or is it owned by a corporation? 5. Is it true the city tried to purchase this property when the taxes were in default? 6. Has this property been made available to any other buyers? 7. Has there been any discussion around alternatives for this property other than just Walmart? 8. How much of our taxpayer dollars will be spent to make this work in the event you vote in favor of all the variances, changes, alterations and everything else to allow Walmart into our community? 9. What happened to the agreement with Festival which actually limited Target from becoming a Super Target? Why would Walmart get any different type of treatment and be allowed to do what Target could not? 10. In reference to crime and criminal activity, can you compare the amount of police calls which have been made to Walmart in Coon Rapids versus Target in Coon Rapids versus our Target in Andover? Are we prepared to pay for additional coverage and does this come from the taxpayers in Andover. The numbers we have, indicated there are almost 5 times the calls in one year. 11. How will you ever handle the traffic increase on Bunker Lake Boulevard, Hanson Boulevard, 139th Lane NW and Jay Street would be a considerable hardship for those of us who live along these roads. Northbound on Hanson, after 139th goes down to one lane. There have been many near misses already for those turning on to 140th Lane. Furthermore, it is difficult to get on to these roads during the rush hour - this would make these roads a 24 / 7 rush hour! Comments regarding the negative impact this decision to allow Walmart to put in 150,000 Super Center. 1. The city of Andover has done a great job in keeping our city and our community different from its neighbors. We do not have congested malls, strip shopping areas and businesses who are so competitive they knock one another out. 2. Allowing a Walmart to come into our city jeopardizes the very thing our city has strived to do - make this a 'small town' type of community that is open to a lot of smaller businesses. This action has opened doors to a variety of businesses who are proud to call Andover their home. 3. The impact of this 'big box' concept will harm several of our local businesses who have been dedicated and supported the City of Andover and our community in general. We have gone from junk yards and dump sites to an environment which is pleasing and enjoyable. This action, depending on what is included in the 'Super Center' could take established businesses such as: stores like Festival and Target; auto services like Becks, Andover Wheel, Roger's Auto body; hardware stores like Ace; liquor off sale like Northgate, Andover Liquor, Clock Tower, Bill's; and not to mention the banks and other service oriented establishments and literally cause them to be swallowed up and close. Then what do we have - one big box - Walmart, running our city. 4. The City of Andover needs to continue to build on the concept of making this a city which is open to a variety of businesses and not settle for a mass takeover by Walmart and make exceptions to the rules others have had to live with. 5. The people in the townhouses and the other businesses in the area between Bunker Lake and 139th Lane did not choose this location only to find a change in how Pov's property would be used. Nor did residents living to the west and east of them. We do not want the constant hubbub caused by a 24 / 7 site. 6. There is a children's day care and ball fields just to the north of this site. the thought of semi trucks and general traffic racing through on 139th Lane and Jay Street should be a MAJOR concern for safety of our young people and their families. This would make walking in the area a hazard and no longer a 'family friendly' place to be. 7. The taxpayers are asking you, as our representatives, to listen carefully and without blinders to how we feel about the city making modifications to zoning, variances, land use, traffic alterations, and the overall safety of us as citizens of Andover. We ask that you explore other alternatives to using this land which does not put our local businesses in jeopardy and cause them to either close or move away. Much time and effort has been done by our city to entice these businesses, so now is the time to work at maintaining their presence and not letting a Walmart destroy all the good things that have been accomplished. DRAFT PLANNING AND ZONING COMMISSION MEETING — A UGUST 14, 2012 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 14, 2012, 8:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Kyle Nemeth, Michael Olsen and Steve Peterson. Commissioners absent: None Also present: Community Development Director Dave Carlberg Others APPROVAL OFMINUTES. July 10, 2012 Regular Planning and Zoning Meeting Commissioner Nemeth stated on page 3, the motion to close the public hearing was made by Commissioner Cleveland. Motion by Commissioner Cleveland, seconded by Commissioner Olsen, to approve the June 12, 2012 Regular Planning and Zoning Meeting minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- present (Holthus) vote. June 12, 2012 Workshop Planning and Zoning Meeting Commissioner Cleveland stated on page 4, paragraph 2, the last line, the phrase "stable sin" should be changed to "stables in ". Motion by Commissioner Olsen, seconded by Commissioner Cleveland, to approve the June 12, 2012, Planning and Zoning Workshop minutes as amended. Motion carried on a 6 -ayes, 0 -nays, 1- present (Holthus) vote. Regular Andover Planning and Zoning Commission Meeting RAFT Minutes —August 14, 2012 Page 2 PUBLIC HEARING: PRELIMINARYPLAT — WALMART AT ANDOVER STATION— WALMART REAL ESTATE TR UST, 1851 BUNKER LAKE BOULEVARD NW Community Development Director Carlberg stated the proposed plat would divide the exiting 26.99 acre parcel into a lot of 19.69 acres, an outlot of 6.38 acres, dedicated right - of -way for Jay Street NW (.92 acres), and establish drainage and utility easements for utilities, ponding and wetland areas. He explained what the surrounding properties were and the types of businesses operated. He also stated there are 16 -acres of wetlands to the west of the property that are owned by the City and will not be developed and the City has purchased the remaining property for Parkside at Andover Station and will be re- platting this area for single - family homes. He reviewed the applicable City Codes and how the preliminary plat is meeting these codes. He explained the applicants are not requesting rezoning of the property and there are no variances from City Codes being requested. The Planning Commission is asked to review the proposal for conformity with the requirements for preliminary plat review as well as for conformity with the Comprehensive Plan. Access and grading issues remain but it is not unusual for these items to be resolved after plat approval due to the lengthy review time by the Anoka County Highway Department and the level of detail that is needed to achieve a final grading plan. Provided the Commission is comfortable with the conditions in the resolution that guide the resolution of these issues, staff recommends the Commission forward this application to the City Council with a recommendation of approval. Mr. Erik Miller, MFRA, Inc., 14800 28th Avenue N. Plymouth, MN, presented a PowerPoint presentation for the Commission and residents describing the proposed project, layout of the building, the wetlands including impacts and proposed changes, the complete site plan, the proposed outdoor storage areas including the garden area and recycling areas. He stated the parking stalls exceed the City's requirements by 40 stalls in order to accommodate the proposed outdoor seasonal sales area. He explained the proposed access points including a3/4 interchange on Bunker Lake Boulevard. The Anoka County Highway Department has provided conceptual approval of this intersection. The Anoka County Highway Department has also reviewed the traffic study and impacts and concluded that no improvements will be necessary for the intersections. He explained Walmart's policy regarding idling trucks and recycling. He also reviewed the lighting for the project including the parking lot. He explained there would be two (2) lots created with the approval of the plat. The 19.69 -acres will be purchased by Walmart and Mr. Povlitzski will retain ownership of the 6.38 -acre outlot. Coon Creek Watershed District has provided a letter giving preliminary approval of the grading and storm water plans for the project. He pointed out that the storm water would not be directed to Crooked Lake. He also reviewed the landscaping plan. Mr. Mark Hoy, SAIL, St. Paul, MN reviewed the architectural components of the project including the building elevations, layout, materials, and the sustainable elements and systems. He explained the building was designed to be similar to existing buildings in the area and where it was appropriate and applicable the scaling of the building was Regular Andover Planning and Zoning Commission Meeting D���� Minutes —August 14, 2012 Page 3 brought down to pedestrian scale. He stated the proposed outdoor seasonal sales area would be used from March to November. Community Development Director Carlberg explained the site is zoned general business and retail sales and service is considered a permitted use in the General Business district.. He explained the application will need to be acted on because the City has exhausted its ability to request additional extensions. Any additional extensions would need to be requested by the applicant and approved by the City Council. The City has obtained conceptual approval from the Coon Creek Watershed District and the Anoka County Highway Department. Commissioner Cleveland asked if the conceptual approvals were enough to move the application forward. Community Development Director Carlberg stated staff is comfortable with these approvals and moving the application forward. The applicants have met the requirements and conditions for approval. As the process moves forward the unresolved details with Coon Creek Watershed District and Anoka County Highway Department will be worked out. Commissioner Holthus asked if Anoka County had considered any other accesses. She also asked how the outlot would be developed. Community Development Director Carlberg stated the original designs did not include the % access on Bunker Lake Boulevard but this was added to ease the traffic on Jay Street and provide and additional access to the property. He explained Mr. Povlitzski would retain possession of the 6.38 -acre outlot. It maybe possible for this to be rezoned in the future and developed as a residential area. In order for this to occur the City would need to consider changing the land use designation and rezoning the outlot in the future. Commissioner Peterson asked if there would be bike racks located on the property, what the plans were for snow storage, and what type of signs would be along Bunker Lake Boulevard. Community Development Director Carlberg explained there would be a separate sign application process and staff would review this to ensure it complies with the City's regulations. Chair Daninger asked if the Fire Chief had reviewed the plat to ensure emergency access was adequate. Community Development Director Carlberg stated the Fire Chief and Fire Marshal had reviewed and approved the plan. Regular Andover Planning and Zoning Commission Meeting D���� Minutes — August 14, 2012 Page 4 Mr. Hoey stated there would be a bike rack located between the tow entrances for the building. Mr. Miller stated the snow removal and storage would be managed through a 3`d party vendor. He stated there was no designated area on the site for snow storage and they would like to be able to store this snow so that it would go through the storm water management system in the spring. Commissioner Olsen asked if the traffic studies indicated what percentage of the in/out traffic would use the 3/ intersection on Bunker Lake Boulevard compared to the access on Jay Street. Mr. Miller stated the traffic study anticipates 35% of the traffic to the site will come from the west and a majority of this traffic is expected to utilize the 3/ intersection. He explained the Anoka County Highway Department looked at the gap analysis in detail and is confident the signal timing provides enough gaps in traffic for the 3/ intersection will be effective in moving traffic. Commissioner Olsen asked if Walmart had policies that would ensure the pond was properly taken care of. Mr. Miller explained there are State guidelines that Walmart will conform to in regards to the storm water management. Walmart will also have a 3`d party review and audit the facility to ensure compliance. Commissioner Holthus asked how often the organic recycling would be picked up and what types of items would be sold in the vending machines located outside of the building. Mr. Miller explained the organic recycling materials would be kept in self sealing plastic containers and these would be picked up every other week unless demand required more frequent pick -up. The vending machines would sell items typical for a vending machine including sweets and soda. Commissioner Gudmundson asked if this would be a 24 -hour store. Mr. Miller stated the proposed plan was for a 24 -hour location but currently this would not be permitted in this district. The City is currently working on a potential amendment to the zoning code that would allow 24 -hour operations. If this change occurs then Walmart would operate 24- hours. Community Development Director Carlberg stated the City currently does not permit 24- hour continuous operations in the General Business district. Walmart could operate 23- hours in a 24 -hour period but cannot operate 24 -hours continuously. The Planning Commission has been in the process of reviewing permitted, conditional, and interim uses Regular Andover Planning and Zoning Commission Meeting ����� Minutes — August 14, 2012 Page 5 in each district and during those discussions the Commission may be asked to look at allowing 24 -hour continuous operation in the General Business and Industrial districts. Commissioner Gudmundson asked if Walmart's plans included closing the Coon Rapids location once the Andover location was complete. She also asked who would be responsible for maintaining the landscaping. Mr. Mike Sims, Mid - America Real Estate, 5353 Wayzata Boulevard, Minneapolis, stated there are no plans at this time to close any of the Walmart locations, including the Coon Rapids store. Mr. Miller stated the landscaping is handled store by store, through a third party vendor, but Walmart does have corporate regulations that need to be followed. They will meet the City's landscaping and irrigation requirements. Commissioner Nemeth asked what hours residents could expect truck traffic and noise. He also asked if the parking lot lights and signs would remain lit 24 -hours even if the store is not allowed to operate 24 -hours a day. Mr. Miller explained there would be two (2) Walmart delivery trucks each day that would arrive typically in the evening hours, prior to the start of third shift. The perishable items would be delivered every morning and other daily deliveries would be during regular daytime hours. He stated the lights for the building and parking lot would be lit during business hours. Walmart's intent would be to operate 24 -hours a day but unless there was a City Ordinance change this would not be permitted in this location. There would be security lighting in the building during non - business hours. Commissioner Gudmundson asked where the heating and cooling units would be located. Commissioner Holthus asked if overnight parking of semi - trucks in the lot would be permitted in this location. Mr. Miller stated the heating and cooling units would be located on the roof and these would be screened from view. He also stated unless there are areas specifically designated as semi -truck parking they should not be in the parking lot and this is not expected to occur at this location. Chair Daninger stated the landscape plan showed a pedestrian walkway going to the City's trail system. He would like to make sure the vegetation along this walkway is maintained. Commissioner Nemeth asked if the 10 -foot wall along the loading docks would be high enough to screen the trucks from the surrounding neighborhoods. Regular Andover Planning and Zoning Commission Meeting ®RAFT Minutes —August 14, 2012 Page 6 Mr. Miller explained the wall would be 10 -foot and the loading dock area was also recessed 4 -feet so the effect of the wall would be 14 -feet and this would be enough to screen the trucks from view. Motion by Commissioner Holthus, Seconded by Commissioner Cleveland to open the public hearing at 9:32 p.m. Motion carried on 7 -ayes, 0 -nays vote. Ms. Dawn Schnickels- Johnson, 1553 1401h Lane NW, Andover, presented the Planning Commission with a list of questions and concerns that have been brought up at the neighborhood meetings. She asked if the construction of a Walmart on this site was a going to happen for sure and if there was anything else residents could do to try and stop this project. She also asked for a list of the variances Walmart was asking the City to approve compared to other businesses that may be constructed in this location, how many liquor licenses the City has determined it could have and why one in this location, how much is owed in back taxes and who is responsible for paying this, is there any taxpayer money being used for this project, and what other buyers are interested in the property. The neighborhood is concerned because this area is zoned General Business and cannot operate 24 -hours a day that Walmart will find a way around this regulation. Other concerns included overnight parking, agreements with surrounding businesses not to sell groceries, increased crime, and impacts to the wetlands, the amount of signs and lighting, and increased traffic. She stated the intersection at Hanson Boulevard and 140th Lane was dangerous and increasing traffic in this area would make it worse. She stated the taxpayers are asking the City listen and not make changes to the City's codes, ordinances, and regulations but to explore alternative uses for this land. Mr. Peter Jaworski, 15392 Verdin Street, Andover, stated Walmart is consistent in contracting out to non -union workers, which lowers wages that have been established in this area. He expressed concerns about traffic going west on Bunker Lake Boulevard and this has not been addressed. He asked if the retention pond would be able to handle large rain events. He does not think a store should be built in this location. Ms. Barb Drabant, 13753 Partridge Street, Andover, expressed concerns about the 24- hour lighting and noise. The current tree barrier does very little to buffer this from residents. She asked if the construction activities would be 24 -hours and how many employees this location was expected to have because this would increase traffic. She asked if a smaller Walmart had been considered because a smaller version of the store might be more acceptable to residents. Ms. Laurie Mount, 2044 138th Ave, Andover, asked how the runoff and storm water ponds would affect the private wells adjacent to the property. Mr. Nathan Munsterman, 1207 140th Lane NW, Andover, showed the current locations of area Walmarts and Sams Clubs. He expressed concerns with the proposed Walmart being so close to an existing Walmart store. The stated there is more distance between the Sams Clubs and they operate regular business hours. He asked if the applicants had Regular Andover Planning and Zoning Commission Meeting Minutes — August 14, 2012 DRAFT Page 7 considered a Sams Club in Andover rather than Walmart. He also expressed concerns about the increased traffic and asked if the railroad tracks had been considered when evaluating traffic impacts. He asked the City to work with the residents and keep communications open. Ms. Cindy Foster, 17572 Flintwood St. NW, Andover, asked if tax increment financing would be used for this project. She also asked about the value of Walmarts in Anoka County and if any have filed tax petition rebates and reductions in value because this will have an impact of the tax dollars in Andover. Mr. Jim Seeman, 13609 Heather Street, Andover, stated he was opposed to having a Walmart in Andover. He would like to see more reasonable planning in the City and they have a responsibility to follow through on the plans they have established for Andover Station North and integrating into Andover Station South. Ms. Kathy Heltemes, 1432 140th Lane NW, Andover, expressed concerns about increased traffic. She stated she believes the Coon Rapids location will be closing and this will impact the traffic in Andover even more. She stated there is no room on Hanson Boulevard for more traffic. She asked who would be paying to construct the 3/ intersection along Bunker Lake Boulevard. She urged the Commission not to approve this request and to find something else for this property. Ms. Jessica Rahier, 13942 Ivywood St. NW, stated she moved to Andover because of the parks, schools, and the unique quiet friendly atmosphere. She stated having a Walmart in the community will change these dynamics. She asked the City to find a different business for this location that would benefit the residents. She would like to see more done to improve the safety throughout the City. Ms. Stephanie Belpedio, Homeowners Association President for Parkside, 1808 139th Ave, NW, Andover, expressed concerns about the increase traffic and safety on Jay Street because there are ball fields and a day care along this road. Ms. Josephine Larson, 13525 Heather Street NW, Andover, expressed concerns about the traffic on Jay Street with the ball fields in this area and the outdoor garden area in the parking lot. She also asked if salt would be used in the parking lot and how this will impact the wetlands and ponds. Ms. Dawn Schnickels- Johnson stated there has not been enough emphasis on the amount of children in this area due to the Montessori school and ball fields. She would like to see the City look at other uses for this property. Mr. William Campbell, 14014 Drake Street NW, Andover, asked what other opportunities would be available for residents to discuss this project with the City and what recourse the residents would have due to the 120 day time limit expiring. Regular Andover Planning and Zoning Commission Meeting DRAFT T Minutes —August 14, 2012 Page 8 Ms. Justina Stone, 1298 1401h Lane NW asked what measurements and procedures Walmart had in place to reduce the crime. Community Development Director Carlberg read e- mailed and written correspondence into the record for Mr. and Mrs. Skogberg who support the Walmart project, Mr. Charles Craven who is opposed to the project and expressed concerns about increased crime and traffic and the impacts the project would have on the wetlands, and Ms. Becky Shermann who has concerns about traffic, crime, and the access on Jay Street. Motion by Commissioner Cleveland, Seconded by Commissioner Holthus to close the public hearing at 10:15 p.m. Motion carried on 7 -ayes, 0 -nays. Community Development Director Carlberg stated Walmart was not asking for any variances and the project would meet all the City's requirements. He explained the back taxes and assessments on the property were over $400,000 and these would be paid at the time the property was sold. Walmart would be paying for the construction of the 3/ intersection on Bunker Lake Boulevard and no City dollars would be used for this project. The agreement that was referenced regarding limiting the sale of groceries is in the covenants that govern the property on the south side of Bunker Lake Boulevard. The POVs property was privately owned and not a part of that development so it is not governed by those covenants. He sated the City has been reviewing the permitted, conditional and interim uses for all the City's Districts and part of those discussions will include allowing 24 -hour continuous operations in the General Business and Industrial districts. This is already permitted in neighborhood districts and should be allowed in the General Business and Industrial districts where it would be more appropriate. He reviewed the crime relative to the surrounding Walmarts. The Blaine location averages 1 -2 calls per week and the Coon Rapids and Elk River locations average 1 -2 calls per day. The types of calls that were typical for these locations are handicap parking violations, shoplifting and vehicle accidents in the parking lots. While POVs was in operation the types of included bar fights, assault, and DUI. The amount of calls per week will be available at the City Council meeting. There may be more police calls to Walmart but the calls to POVs were more severe in nature. He stated Walmart will have a sidewalk along Jay Street that will allow residents to continue to walk through the area and this will be maintained by Walmart. The City has regulations in place that limit the hours of construction and Walmart will be required to follow those. He clarified the City has provided open and honest communications with the residents on the process and procedures and the communication break down that occurred today was within the resident group. There will be no TIF funds used for this project. He stated the sale of this property is a private transaction. The City does not own the land and cannot market this property without the consent of the owner. The City is not involved in the sale of this property. The City has exhausted its ability to request additional extensions regarding the preliminary plat. The City will need to take action by August 23rd. Any additional extensions would need to be requested by Walmart. Regular Andover Planning and Zoning Commission Meeting Minutes — August 14, 2012 RAFT Page 9 Mr. Miller stated the traffic concerns along Bunker Lake Boulevard and Hanson Boulevard fall under the jurisdiction of the County. The timing of the lights along this road needed to be addressed with the County. The traffic studies have been reviewed by the County and the City Engineer and it has been determined that the current conditions of the intersections affected by the project are acceptable and the traffic from this site can be supported on the existing roadway infrastructure with the recommended addition of the % intersection. Walmart is expecting to have approximately 300 employees at the Andover location but this may vary based on the shift and season. He explained the storm water runoff and filtration systems that will be installed by Walmart. These systems must meet all State, County and local regulations for storm water management and the Coon Creek Watershed District has reviewed the plans and has provided a conceptual approval of these systems. The current building and parking lot on the property do not meet the Coon Creek Watershed Districts requirements for storm water management and the proposed plans will be an improvement. He explained the private wells are reviewed by the Department of Health and should also meet the State, County, and local regulations and there should not be any impacts. Mr. Sims stated currently Walmart is not building any neighborhood stores in Minnesota and the building that is being proposed is considered a smaller community retail store. He explained the neighborhood stores are about 40,000 square feet and the community stores are 100,000- 400,000 square feet and the proposed building is 150,000 square feet. Walmart chooses their locations to serve the surrounding community. Marketing has shown that people do not drive as far as they use to for things. He also clarified there is no data that would support the closing of the Coon Rapids location and Walmart does not plan to close it at this time. Community Development Director Carlberg clarified no deal is complete until a permit has been issued and the land has been purchased. He stated Walmart is treated as any other business that would like to build in the City and as long as they comply with the State, County, and local regulations there is no legal standing to deny their application. The City faces a legal challenge in denying this application. Commissioner Holthus asked if Coon Creek Watershed had provided final approval for the project. Community Development Director Carlberg explained that the Coon Creek Watershed District had provided conceptual approval but they have not issued a permit at this time. The resolution presented contains a condition that Coon Creek Watershed District provides approval prior to any building permits being issues. Anoka County Highway Department has requested additional information and this will be provided as the process moves forward. The preliminary plat process does not require final approval be received from Coon Creek Watershed or the Anoka County Highway Department prior to approval of the preliminary plat. The City has received adequate information in order to proceed with the approval of the preliminary plat. After the City has approved the Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes —August 14, 2012 Page 10 preliminary plat they would proceed with getting final approvals from Coon Creek Watershed and the Anoka County Highway Department. Commissioner Gudmundson asked who prepared the traffic study and where the information had been obtained. Mr. Miller explained an independent professional traffic engineer had been hired by Walmart to prepare the traffic information. This is standard procedure for this type of development and the City Engineer had reviewed this information also. Chair Daninger asked if the City could enforce no overnight parking in this location. Community Development Director Carlberg stated the City could enforce noise ordinances but it is not likely this particular site would have overnight parking because it is not located conveniently off a highway. Commissioner Olsen stated Walmart would not be successful if people did not shop there and he does not believe having a Target or Walmart or lack thereof defines a City. If the City does not follow the regulations and laws then this would define the City. At this time it appears everything is in line with what the City has enacted therefore there is no basis for denying the application. He stated people and businesses needed to rely on the laws the City has enacted. Commissioner Holthus expressed concerns that the grading issues have not been resolved at this time. Commissioner Gudmundson agreed. She stated there are also traffic issues that are not resolved and she would like to see more information including the traffic impact study that had been prepared. Community Development Director explained the traffic impact study. He stated there have been 4 -5 entities that have thoroughly reviewed this study and additional review would not be necessary. Commissioner Cleveland stated people need to have a sense that the City runs appropriately but he would be in favor of letting the City Council know not everyone would be in favor of this project. Commissioner Olsen stated it is irrelevant for the Commission to make a determination based on personal feelings and as long as the development meets all the requirements for the City, State, and County in regards to building, traffic, and water management, then there are no findings that would justify denial. There are people who are against this project but there are also people in favor of this project. This is a permitted use for this property. Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes —August 14, 2012 Page 11 Chair Daninger stated he would be in favor of approving the preliminary plat. There are no violations of the City's regulations and no legal standing for denying the application. Commissioner Nemeth agreed with Commissioner Olsen. Traffic seems to be an issue. This is a private party transaction and the City cannot impede this. As long as the applicant conforms to the regulations there is no standing for denial. Commissioner Peterson stated he would also support approval of the preliminary plat. When reviewing the landscaping there is more landscaping in the parking lot for this development than in Andover Station South. He would recommend the applicant consider a decorative fence that would guide people to the front door in order to keep people out of the parking lots. Motion by Commissioner Olsen, Seconded by Commissioner Peterson to approve a Resolution Approving the Preliminary Plat of " Walmart At Andover Station" Located at 1851 Bunker Lake Boulevard NW, Andover, MN, Subject to the 10 Conditions. Motion carried on 4 -ayes, 3 -nays (Holthus, Cleveland, Gudmundson) vote. Community Development Director Carlberg stated this item would be presented to the City Council for approval at the August 21 Regular City Council Meeting. - vA 1' Ul1LZ "17iji1�.1./1J 9OOR DISPLAY, STORAGE AND SALES — WALMART REAL ESTATE 851 BUNKER LAKE BOULEVARD NW Community De lopment Director Carlberg stated City Code 12 -12 requires a conditional use pe it for off -sale liquor and outdoor storage display, storage and sales in the General Business ' trict. The applicant is proposing to have a liquor store in the Walmart building and oth oods and materials for sale and storage. The liquor store is proposed to be 1,328 square t and would have entrances directly to the outdoors and through the grocery vestibule of t store. The City has established the number of liquor licenses is limited to one for each 6,0 residents. The estimated City population is 30,847 as of April 1, 2011. Therefore, th ity has the authority to issue five (5) off -sale liquor licenses. There are currently four (4) i ed and the City has the ability to grant one (1) more license in accordance with City Co The applicant is also proposing coin operated vending machines and a propane storage um ong the front of the proposed building, outdoor storage of retail items in two (2) designa d areas on the southeast and southwest corners of the front of the building, a temporary gaid nn center area with display of garden center products, and an outdoor storage area in tl�e�rear of the store for storage of recycling materials. 7 Commissioner Gudmundson asked if there were any provisions or ordinances prevented the sale of liquor near schools. C T Y O F 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Development Director SUBJECT: Consider Conditional Use Permit/off sale liquor and exterior sales, display and storage at 1851 Bunker Lake Boulevard NW — Planning DATE: August 21, 2012 INTRODUCTION City Code 12 -12 requires a conditional use permit for off sale liquor and outdoor display, storage and sales in the GB, General Business District. The applicant is proposing to have a liquor store in the Walmart building and other goods and materials for sale and storage as shown on the attached site plan and details. DISCUSSION Off Sale Liquor Store A preliminary floor plan showing the proposed liquor store location is attached. The 1,328 s.f. space would have entrances directly to the outdoors and through the grocery vestibule of the store. City Code 3 -IB -6: A. Types of Licenses and Permits 3. Off -Sale Licenses: Off -sale licenses may be issued only to exclusive liquor stores and shall permit off -sale of intoxicating liquor and 3.2 percent malt liquor. As an incident to these sales, ice, soft drinks and all forms of tobacco may also be sold. The city shall issue a limited number of off -sale licenses based on population. The number of licenses shall be limited to one for each six thousand (6,000) residents, based on current estimated population. The estimated city population is 30,847 as determined by the Metropolitan Council as of April 1, 2011. Therefore, the City has the authority to issue five (5) off sale liquor licenses. There are currently four (4) issued liquor licenses which include Andover Liquor, G Will Liquor, Northgate Liquor and Clocktower Wine and Spirits. The City has the ability to grant one more license in accordance with the City Code. Outdoor Display, Storage and Sales Outdoor display, storage and sales are permitted in the GB, General Business District with the granting of a Conditional Use Permit in accordance with City Code Title 12, Chapter 12. The applicant proposes the following: 1. Coin operated vending machines and a propane storage unit along the front of the proposed building as depicted on the attached site drawings. 2. Outdoor display of retail items in two designated areas on the southeast and southwest corners of the front of the building as depicted on the attached site drawings. These items include but are not limited to live plants, patio furniture, grills, lawnmowers, etc. 3. A temporary garden center area with display of garden center products such as mulch, potting soil, etc. located in the parking area identified on the attached site plan. 4. Outdoor storage area in the rear of the store for the storage of recyclable materials. Coin operated machines dispensing food, soft drinks and other food materials are allowed as an accessory use in accordance with City Code 12- 13 -20, provided they are located within a building or located outside a building immediately adjacent to the building and protected from the elements by an eave, canopy, or other permitted structure. Criteria for Granting Conditional Use Permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. PLANNING COMMISSION REVIEW AND RECOMMENDATION The Planning and Zoning Commission at their August 14, 2012 meeting reviewed the application, held a public hearing and upon taking public testimony recommended to the City Council the. approval of the Conditional Use Permit. The Commission did separate the request for the off sale liquor store and the outdoor, display, storage and sales into two resolutions. The resolution for the off sale liquor store passed on a 5 -2 vote and the resolution on the outdoor, display, storage and sales passed on a 4 -3 vote. ACTION REQUESTED The City Council is requested to review the application, consider the recommendation of the Planning and Zoning Commission and approve the attached resolutions as may be amended. Attachments Resolutions Location Map Site Plan Outdoor Display, Storage and Sales Details Draft Planning and Zoning Commission Minutes Respectfully submitted, David L. Carlberg Cc: Erik Miller - MFRA, Inc. 114800 28'h Ave N, Ste. 140, Plymouth, MN 55447 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO xxx -12 A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT FOR OFF SALE LIQUOR ON PROPERTY LOCATED AT 1851 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the property owner has requested approval of a conditional use permit for off sale liquor; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the conditional use permit request, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to the requirements of the City Code; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the CUP on the property described on Exhibit A subject to the following: 1. The applicant shall be required to obtain an off sale liquor license from the City Council. 2. The applicant shall complete the Commercial Site Plan process with the City of Andover. The conditional use permit shall be subject to a sunset clause as defined in City Code 12- 14-6.D. Adopted by the City Council of the City of Andover on this 21St day of August, 2012. CITY OF ANDOVER ATTEST Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor EXHIBIT A The Southwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. EXCEPT That part thereof, described as follows: Commencing at the point of intersection of the north line of County Road No. 116 and the west line of said Southwest Quarter of the Northeast Quarter; thence North along said west line to the southeast corner of Red Oaks Manor 4th Addition; thence North 52 degrees East 600 feet; thence South 38 degrees East 450 feet; thence South 52 degrees West to a point on a line parallel and 450 feet East of the west line of said Southwest Quarter of the Northeast Quarter; thence South on said parallel line to the north line of County Road No. 116; thence West along said north line to point of beginning, according to the United States Government Survey thereof and situate in Anoka County, Minnesota; ALSO EXCEPT The North 103.64 feet of the East 315.47 feet of the Southwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO xxx -12 A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT FOR OUTDOOR DISPLAY, STORAGE AND SALES ON PROPERTY LOCATED AT 1851 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the property owner has requested approval of a conditional use permit for outdoor display, storage and sales; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the conditional use permit request, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to the requirements of the City Code; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the CUP on the property described on Exhibit A subject to the following: The applicant shall complete the Commercial Site Plan process with the City of Andover. 2. The conditional use permit shall be subject to a sunset clause as defined in City Code 12- 14 -6.D. 3. All outdoor display, storage and sales shall be limited to the areas identified on the revised site plan dated August 8, 2012, and stamped as "Received by the City of Andover" August 9, 2012. 4. The outdoor display and sales shall be limited to live plants, garden/landscaping materials, patio furniture, barbecue grills, lawnmowers and similar seasonal items and shall be displayed and sold only from March 15th to July 15th annually. 5. The coin operated vending machines shall comply with City Code 12- 13 -20. 6. All outdoor display, storage and sales shall be conducted in compliance with all federal, state and local codes. Adopted by the City Council of the City of Andover on this 21 s` day of August, 2012. CITY OF ANDOVER ATTEST Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor EXHIBIT A The Southwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka EXCEPT That part thereof, described as follows: Commencing at the point of inters line of County Road No. 116 and the west line of said Southwest Quarter Quarter, thence North along said west line to the southeast corner of Red Oaks of the north Addition; thence North 52 degrees East 600 feet; thence South 38 degrees the Northeast thence South 52 degrees West to a Oaks Manor 4th Point on a line parallel and 450 feet East of the wfest line of said Southwest Quarters of the Northeast Quarter; thence South on said parallel line to the north line of County Road No. 116; thence West along said north line to Point . according to the United States Government Surve Minnesota; y thereof and situate in Anoka County, ng ALSO EXCEPT The North 103.64 feet of the East 315.47 feet of the Southwest Quarter of the Northeast g Quarter of Section 34, Township 32, Ran e 24, Anoka County, Minnesota. i ANL66W^ 1851 Bunker Lake Blvd NW 3 2167 2113 2138 2095 15rAW 1415T AVE q,20t3 2176 2152 2128 2101 C 2 2131 2111 n 14045 2151 14orH LN 13773 �l NON 1�3 u4 uu mss L37 '\ � u34 1102 8 14027 -'.. 14038 14031 13819 ... - - 14011 N/ 14011 lost 14016 h 11Wt 5T Ci 14035 O 1400c Z 14007, 2 14011 ? m 5 LA002 14015 -. 14000 -._. 1957 O -. 4001 - 1 "b ..__ M1 14001 1933 ID 1 "34 .. 20" W53 +r X40 13918...._ < .. mIN59 t /74 1913 19 _.. 1"22 2060 1 ._ . 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The maps and documents are created as part of the Geographic Information Systems (GIS) that compiles records, information, and data from various city, county, state and federal resources. W E Copyright © 2010 City of Andover, All Rights Reserved s Prelim Plat & C.U.P. 1530 1 all 11 °4 L ,. V •Y O1 Y� V . N W C a ai p gg I 1 _ 1 � N H I N ' rl i C � I �♦ .. 1 /'I 5� .-I I ------------ 1 i I 1 I I • I i 1 I I I I ; I ( r I 'I N ' J � I II ! I I i • I I i ,• I I k Q I m I u 1 0 O< 1# 0— C W m t N m �'��Z a C �N v4 T. ;il ®y ay1 N p N Z •'—�. 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There are violations of the City's regulations and no legal standing for denying the applicati' missioner Nemeth agreed with Commissioner Olsen. Traffic seems to is a private party transaction and the City cannot impede this. As lon' cant conforms to the regulations there is no standing for denial iissioner Peterson stated he would also support appro "of the preliminary plat. reviewing the landscaping there is more landsca g in the parking lot for this ,pment than in Andover Station South. He , d recommend the applicant er a decorative fence that would guide ple to the front door in order to keep out of the parking lots. on by Commissioner Olsen, econded by Commissioner Peterson to approve a ution Approving the Pr ' inary Plat of "Walmart At Andover Station" Located at Bunker Lake Boule rd NW, Andover, MN, Subject to the 10 Conditions. Motion d on 4 -ayes, 3-}a s (Holthus, Cleveland, Gudmundson) vote. >pify Development Director Carlberg stated this item would be presented to the ,ouncil fora ro st Z 1 RegularCiLy PUBLIC HEARING: CONDITIONAL USE PERMIT (12 -06) — OFF -SALE LIQUOR AND OUTDOOR DISPLAY, STORAGE AND SALES — WALMART REAL ESTATE TRUST— 1851 BUNKER LAKE BOULEVARD NW Community Development Director Carlberg stated City Code 12 -12 requires a conditional use permit for off -sale liquor and outdoor storage display, storage and sales in the General Business District. The applicant is proposing to have a liquor store in the Walmart building and other goods and materials for sale and storage. The liquor store is proposed to be 1,328 square feet and would have entrances directly to the outdoors and through the grocery vestibule of the store. The City has established the number of liquor licenses is limited to one for each 6,000 residents. The estimated City population is 30,847 as of April 1, 2011. Therefore, the City has the authority to issue five (5) off -sale liquor licenses. There are currently four (4) issued and the City has the ability to grant one (1) more license in accordance with City Code. The applicant is also proposing coin operated vending machines and a propane storage unit along the front of the proposed building, outdoor storage of retail items in two (2) designated areas on the southeast and southwest corners of the front of the building, a temporary garden center area with display of garden center products, and an outdoor storage area in the rear of the store for storage of recycling materials. Commissioner Gudmundson asked if there were any provisions or ordinances that prevented the sale of liquor near schools. Regular Andover Planning and Zoning Commission Meeting Minutes — August 14, 2012 DRAFT Page 12 Community Development Director Carlberg stated the applicant is in compliance with all ordinances. Chair Daninger stated the Commission is charged with determining if the applicant is meeting the City's codes and by approving this request the Commission is only saying based on the City's Code the applicant can apply for a liquor license. The City Council would make the final decision on granting or denying that issuance of a liquor license. Commissioner Holthus stated according to City Code they are restricted to five (5) licenses. If they grant one to Walmart then another business wanting to operate in the City would not be able to apply for one. Community Development Director Carlberg stated that it is correct under the current City Code but the City does have the ability to change this code. Motion by Commissioner Cleveland, Seconded by Commissioner Holthus to open the public hearing at 11:14 p.m. Motion carried on 7 -ayes, 0 -nays vote. Ms. Laurie Mount, 2044 138th Ave, Andover, stated the City has adequate off -sale liquor establishments and these are equally distributed. She does not believe another one should be issued. Mr. Miller had stated the outdoor storage would be from March to November. All the other businesses in Andover that operate outdoor garden areas are only allowed to have them for a couple of months. She also stated she would not like to see outdoor vending machines. The City should not have to make accommodations for businesses coming in. Mr. Dale Heltemes, 1432 140th Lane NW, Andover, stated these items should be considered separately. He asked if the City did not allow these items if they would be in jeopardy of a lawsuit. Mr. Peter Jaworski, 15392 Verdin Street, Andover, asked if the City would revoke a liquor license if the population were to decrease since it was based on current population. Motion by Commissioner Olsen, Seconded by Commissioner Cleveland to close the public hearing at 11:20 p.m. Motion carried on 7 -ayes, 0 -nays vote. Community Development Director Carlberg explained the City had hired the McComb Group to do a retail market analysis in the City and this showed that this corridor could support 23,000 square feet of liquor sales. Currently the corridor is at 20,000 and Walmart is proposing to add approximately 1,300 square feet. The items being discussed can be separated into different motions. If the population drops he does not believe the City would revoke any liquor licenses that had been granted but the City Attorney can address this question at the City Council meeting. The outdoor vending machines would need to be maintained in accordance with City Code 12- 13 -20. He also clarified that the Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes —August 14, 2012 ` 1 Page 13 Planning Commission is not approving a liquor license but rather the applicant's ability to apply for one within the City Code. Commissioner Olsen asked if the City had determined the locations of the four the other off -sale liquor stores. Community Development Director Carlberg stated he was not aware of any discussions regarding the location and there were no provisions within the City Code that would establish distances between locations. Commissioner Holthus asked how long the temporary garden area would be in place. She stated the outdoor garden area would need to be well maintained. Mr. Miller stated the garden area in the parking lot would be used from March to July. They would also like to display seasonal items in the southeast and southwest corners of the front of the building from March to November. The exact items that would be displayed could be discussed. The outdoor garden area would also have the ability to process sales remotely. Commissioner Peterson asked if there would be enough room along the sidewalk for the outdoor items and people. Mr. Hoey stated the sidewalks would be wide enough to accommodate both the merchandise and guests. Chair Daninger stated he would like to see different motions for the storage and display items and the liquor license. He would approve the outdoor garden area in the parking lot for a shorter period. Commissioner Peterson stated he would like to see the aesthetics of the building along the east facade improved. Mr. Hoey explained the outside architecture of the building. Commissioner Gudmundson asked about the landscaping in the parking lot and how this would be maintained. She stated she would also prefer to have the vending machines inside the building and she would not be in favor of the outdoor storage areas. Community Development Director Carlberg stated the landscape plan that has been provided is acceptable and appears to meet the City's landscape requirements. The landscape plan would be reviewed in greater detail as the process moves forward. Commissioner Olsen expressed concerns with the items that may be stored outdoors. The application provides a list of items but also says it is not limited to these items. He also stated he would like to see the items limited and the time frame for these items to be Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — August 14, 2012 Page 14 displayed shortened. He would recommend the approval of the liquor license to the City Council since the City has one available and there are no other issues. Motion by Commissioner Holthus, Seconded by Commissioner Olsen to split the resolution into two (2) separate resolutions. One Resolution Granting the Conditional Use Permit for Off -Sale Liquor on Property Located at 1851 Bunker Lake Boulevard and the second a Resolution Granting the Conditional Use Permit for Outdoor Display, Storage and Sales on Property Located at 1851 Bunker Lake Boulevard. Motion carried on 7 -ayes, 0 -nays vote. Commissioner Gudmundson stated she would not approve off -sale liquor sales at the Walmart location because it would create additional safety issues with the school and ball fields being in the neighborhood. Commissioner Nemeth stated he would not support off -sale liquor sales because there are enough liquor stores in Andover and other Walmart locations do not have liquor stores in them. Chair Daninger stated the Commission has to determine if the request for an off -sale liquor license fits the City's criteria. The Commission is not approving the issuance of the liquor license. Commissioner Cleveland pointed out the request for off -sale liquor. People would not be drinking on the property. The Commission is only granting permission for Walmart to apply for an off -sale liquor license. Commissioner Olsen stated the request does meet the criteria of the City. If the Commission denies the request then specific reasons will need to be provided. Chair Daninger clarified the reasons for denial would need to be more specific than just safety concerns. Commissioner Peterson asked what the hours of operation would be for the liquor store. Chair Daninger stated these were regulated by State statutes. Motion by Commissioner Cleveland, Seconded by Commissioner Olsen to Approve a Resolution Granting the Conditional Use Permit for Off -Sale Liquor on Property Located at 1851 Bunker Lake Boulevard with the Conditions Outlined in the Resolution. Motion carried on 5 -ayes, 2 -nays (Nemeth, Gudmundson) vote. Chair Daninger clarified the outdoor storage included the vending machines, the outdoor garden area, the seasonal display areas in the front of the building and the storage area in the rear of the building. Regular Andover Planning and Zoning Commission Meeting Minutes — August 14, 2012 DRAFT Page 15 Commissioner Holthus stated she supports the storage area in the back of the building but would not support the seasonal sales area. She does not think the parking lot should be used long term as a sales area. She would rather see more decorative items in the parking lot. Commissioner Cleveland suggested establishing dates for when the parking lot could be used for display and sales. Chair Daninger stated the Commission would need to define specific reasons for denial. He stated he would support a short-term use of the parking lot for garden display. Commissioner Olsen stated he would like to see a more limited scope of items allowed to be displayed and sold. Motion by Commissioner Olsen, Seconded by Commissioner Cleveland to Approve a Resolution Granting the Conditional Use Permit for Outdoor Display (Primarily Plants) From March 15 to July 15, Storage and Sales on Property Including Outdoor Vending Machines Located at 1851 Bunker Lake Boulevard With the Conditions as Outlined in the Resolution. Chair Daninger suggested staff further define the items permitted in the outdoor display areas prior to the City Council meeting. The motion was called to a vote. Motion carried on 4 -ayes, 3 -nays (Nemeth, Gudmundson, Holthus) vote. OTHER BUSINESS Community Development Director Carlberg stated the retail market analysis prepared by the McComb Group was complete and this would be presented at a public meeting to the business community, the EDA and the Planning Commission on Wednesday at 6:30 p.m. ADJOURNMENT. Motion by Commissioner Cleveland, seconded by Commissioner Holthus, to adjourn the meeting at 12:07 a.m. Motion carried on 7 -ayes, 0 -nays vote. Respectfully Submitted, Tina Borg, Recording Secretary Timesaver Off Site Secretarial, Inc. ^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David Berkowitz, Director of Public Works / City Engineer SUBJECT: Discuss Accessory Structure Building Permit/3047 - 173`d Lane NW - Engineering DATE: August 21, 2012 INTRODUCTION Property owner Mr. Boyd Barrott, who resides at 3047 —173rd Lane NW represented by his Attorney James Neilson are appealing to the City Council to allow a detached garage structure to be constructed on the subject property at a lower elevation than aloud by City Code. DISCUSSION Mr. Barrott applied for a permit May 2, 2012 to build a detached garage. Engineering staff reviewed the low floor elevation of the structure and notified Mr. Barrott verbally and then by letter that the low floor elevation would need to be raised to meet one of the two options. The options identified were to set the low floor or lowest opening of the structure at an elevation equal to or higher than your existing garage elevation or have a registered Civil Engineer conduct a hydrological evaluation to determine the surface elevation resulting from a 100 - year /10 day runoff (8.5 inches) or the 100- year /10 day snowmelt (7.2 inches) whichever is more restrictive for the wetland on and adjacent to the property and set the low floor 2 feet above that elevation. Since that time it has been identified that the basin is landlocked which requires 2 feet above the 2 -100 year back to back elevation. The third option is wait until the City completes the road design for 1741h Ave. /Heather Street/173rd Lane and set the low floor based on the project hydrological evaluation. The applicant is appealing those requirements to the City Council and would like the City Council to direct the Building Official to approve the permit as submitted. If the City Council allows a lower elevation it must still go through the permit and approval process of the Lower Rum River Watershed Management Organization, since their low floor rules also apply to the proposed structure. ACTION REQUIRED The City Council is requested to discuss the accessory structure building permit and determine if the appeal to a lower elevation is warranted. Respectfully submitted, ..- 0. David D. Berkowitz Attachments: Letter to Applicant & Site Survey Cc: Boyd Barrott (3047 -173rd Lane NW, Andover) James Neilson (118 East Main Street, Anoka, MN 55303) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US May 30, 2012 Mr. Boyd Barrott 3047 -173`d Ln NW Andover, MN 55304 Dear Mr. Barrott: In review of your permit for a detached garage the low floor of the structure must meet a minimum elevation to prevent potential flooding damage. As you have discussed with Todd Haas, Andover Assistant Public Works Director, two options have been presented to you. The first option is the low floor or lowest opening of the structure shall be set at an elevation equal to or higher than your existing garage elevation. The second option is to have a registered Civil Engineer conduct a hydrological evaluation to determine the surface elevation resulting from a 100 - year /10 day runoff (8.5 inches) or the 100- year /10 day snowmelt (7.2 inches) whichever is more restrictive for the wetland on and adjacent to your property (attached is the storm water standards/ requirements from the Lower Rum River Water Management Plan). Also attached for your information is the City Code related to low floor elevations. For this option the low floor must be set 2 feet above the most restrictive elevation or 1 foot above overflow elevation of the wetland. Please submit the hydrological evaluation and low floor information to the Building Department for review. If you would like to discuss this further please contact m . at (763) 767 -5133. Sincerely, David D. Berkowitz, P.E. Director of Public Works /City Engineer Attach cc: Todd Hass, Assistant Public Works Director Don Olson, Building Official Permit Extensions Extensions to LRRWMO permits may be granted. When an extension is granted, the LRRWMO stormwater standards in effect at the time of the original permit issuance shall continue to apply. The procedure for extensions varies for platted and non - platted projects as follows: For platted projects, LRRWMO permit extensions shall automatically follow extensions granted by the City for that same project. The applicant is responsible for notifying the LRRWMO in writing if such an extension is granted by the city. In cases where a project must reapply to the City for a preliminary plat, either because of expiration of the original permit or changes to the project, the permitee must also reapply for a LRRWMO permit and will be subject to any new LRRWMO stormwater standards enacted since the issuance of the original permit. For non - platted projects, the applicant must apply to the LRRWMO for a permit extension before the end the two year permit life. Such requests will be considered by the LRRWMO Board on a case -by -case basis, and will only be granted if the proposed project has not changed since the issuance of the original permit. Satisfaction of Permit The LRRWMO stormwater treatment permit requirements shall be deemed satisfied when stormwater infrastructure has been built to meet LRRWMO permit requirements and required performance has been verified (other permit aspects, such as erosion control, may remain outstanding). Activities or construction consistent with the original permitted project plan occurring at a later date do not require a new LRRWMO permit nor are they subject to new LRRWMO stormwater treatment standards that may have been enacted since the issuance of the original permit. The following example serves to clarify how this provision would apply to a phased common plan of development. Consider an example where a common plan of development will be built in several phases, including grading, stormwater infrastructure, and several phases of building construction. A LRRWMO permit must be secured for the multi -phase common plan of development. Once stormwater infrastructure is constructed and found to be performing to the standards required by the permit, the stormwater standards for all phases of the common plan of development will be considered satisfied. Subsequent phases of construction will not be subject to additional LRRWMO stormwater standards, even in the event that the LRRWMO standards are changed. However, if later building construction occurs that is not consistent with the original common plan of development, then a new LRRWMO permit would be triggered and stormwater standards in effect at that time would apply. Storm Sewer Design Except as noted in this document ( LRRWMO Stormwater Standards), the design of storm sewers shall be reviewed and approved by the municipality, not the LRRWMO. The LRRWMO must review and approve basin inlets and outlets. Stormwater Basin Sizing and Design Hydrologic and hydraulic design of stormwater basins shall be based upon: For basins that are not landlocked — Available storage volume shall be based on 100 -year return period (5.9 in *), 24 hr duration, SCS Type II with average soil moisture conditions (AMC 2). • For landlocked areas - Available storage volume shall be established by estimating the water surface elevation resulting from a 100- year /10 -day runoff (8.5 in *) or the 100 -year, 10 -day snowmelt (7.2 in *), whichever is more restrictive. In the snowmelt scenario, frozen soils shall be Comprehensive Watershed Management Plan Lower Rum River Watershed Management Organization October 2011 E -3 assumed (CN =100) Flood levels in landlocked basins are difficult to predict, as they depend upon the starting water elevation at the beginning of a storm event. The starting elevation of the waterbody prior to the runoff event shall be established by one of the following: • Existing Ordinary High Water level established by the Minnesota Department of Natural Resources, I • Annual water balance calculation approved by the LRRWMO, • Local observation well records, as approved by the LRRWMO, or • The elevation of hydric soils, or the highest anticipated ground water table or elevation shown by a geotechnical study accepted by the LRRWMO. • Infiltration within the basin during frozen conditions will be allowed in the calculation of basin sizing: The infiltration rate used must be approved by the LRRWMO. • Ultimate development, based on the approved common plan of development and the city's future land use plan within the area tributary to the pond/waterbody, shall be assumed. • Modeling methodology acceptable to the LRRWMO. Methods currently approved by the LRRWMO include: USDA SCS, TR -55 and TR -20, HydroCAD, and EPA SWMM methodology. 'Storm totals are from the allowable precipitation data sources specified in these LRR'VMO Stormwater Standards. More recent updates of these documents should be used, if available. Precipitation Data Sources Rainfall amounts for hydrologic analyses should be based on: • Hershfield, D.M., 1961, Rainfall Frequency Atlas of the United States for Durations of 30 Minutes to 24 Hours and Return Periods from I to 100 Years, Technical Publication 40 (TP 40). or • National Oceanic and Atmospheric Administration's Technical Memorandum N6VS Hydro -35: Five to 60- minute Precipitation Frequency for the Eastern and Central United States (June 1977). More recent updates of these documents should be used, if available. .:�- Low Floor Elevation The lowest floor elevation of all development, including basements, must be at least 3 feet above the highest anticipated ground water table, 2 feet above the designated or designed 100 -year flood elevation, or 1 foot above the emergency overflow, whichever is higher. This requirement may be waived if evidence that a lesser separation can be achieved is: • submitted and certified by a geotechnical engineer. • reviewed and approved by the city engineer or other party designated by the city engineer, and • approved by the LRRWMO. If this process is pursued, the developer should consult v. ith the LRRWMO Engineer before beginning study to discuss acceptable methodologies. Comprehensive Watershed Management Plan Lower Rum River Watershed Management Organization October 2011 E -4 CHAPTER 3 MINIMUM ELEVATIONS AND STANDARDS FOR BUILDING AND DRIVEWAY CONSTRUCTION SECTION: 9 -3 -1: Scope And Purpose 9 -3 -2: Definitions 9 -3 -3: Elevations And Slopes 9 -3 -4: Driveways 9 -3 -5: Culverts 9 -3 -6: Violation; Penalties 9 -3 -1: SCOPE AND PURPOSE: All buildings and driveways constructed in the city shall meet or exceed the minimum standards established by this chapter. The purpose of the minimum standards imposed by this chapter is to ensure that proper drainage is maintained and to prevent public liabilities being caused inadvertently. (Ord. 204, 3 -4 -1997) 9 -3 -2: DEFINITIONS: For the purpose of this chapter, the meanings of certain words and terms shall be as defined in the Minnesota State Building Code as adopted by the city 1 . (Ord. 204, 3 -4 -1997) 9 -3 -3: ELEVATIONS AND SLOPES: A. Standards: 1. Front Of Building: The minimum grade at the front of any building constructed on any lot within the city will not be less than one and one -half feet (1 1/2') above the elevation of the street directly in front of the building. 2. Garages And Driveways: a. The elevation of all garage floors shall be above grade at the vehicular access door. The garage floor shall be a minimum of eighteen inches (18 ") above the finished centerline street elevation. 1 See Section 9 -1 -1 of this title. b. All driveways shall slope downward from the garage for a distance of fifty feet (50'). All driveways shall slope upward for a distance of fifty feet (50') from the shoulder or curb of the street. The slope of all driveways shall not be less than one percent (1 %) nor more than eight percent (8 %) overall rise. The driveway slope for the first eight feet (8') from the curb to the house shall not exceed a two percent (2 %) rise. 3. Basements And Low Floors: Basement or low floor elevation shall be a minimum of three feet (3') above the seasonal high water mark or two feet (2') above the designated or designed 100 -year flood elevation, whichever is higher, unless evidence is submitted and certified by a geotechnical engineer hired by the city at the expense of the developer and approval by the City Council that a separation of less than three feet (3') can be achieved and is warranted. (Amended Ord. 375, 12 -2 -08) B. Variances: If construction plans are submitted in sufficient detail to substantiate that proper drainage can be maintained at lesser elevations, the City Building Official may, in his or her discretion, vary the terms of this section. C. Appeals: Any party aggrieved by a decision of the Building Official shall have the right to appeal said decision to the City Council. (Ord. 204, 3 -4 -1997) 9 -3 -4: DRIVEWAYS: A. General Construction Standards: An access drive or driveway shall be provided to every principal building and shall be constructed according to the minimum standards of the city. When said building is one hundred fifty feet (150') or more from a thoroughfare or street, an access drive shall be constructed with a clear cut width of sixteen feet (16') and shall have a built up base twelve feet (12') wide consisting of four inches (4 ") of class 5 gravel (or equal). Said drive shall also have variable ditches for its entire length. B. Surfacing: All subdivisions with municipal sanitary sewer and /or water shall have hard surfaced (concrete or bituminous) driveways. All subdivisions without municipal sanitary sewer and /or water shall have driveways that are hard surfaced from the street to the property line. All access driveways shall be surfaced with a sufficient amount of erosion resistance material so that driveway surfaces will remain intact during normal usage and weather conditions. (Ord. 204, 3- 4- 1997) 9 -3 -5: CULVERTS: For driveways that are constructed across drainage or road ditches or swales, culverts shall be installed under the driveway. The culverts shall be of such size deemed necessary by the Building Official to carry the expected flow rate of storm water, shall not be less than twelve inches (12 ") in diameter, and shall be corrugated metal or equal. Culverts located within the right -of -way of the County Highway Department shall meet all of its permit requirements. (Ord. 204, 3 -4 -1997) 9 -3 -6: VIOLATION; PENALTIES: Any person who violates any provision of this chapter shall be guilty of a misdemeanor and shall be subject to applicable fines and imprisonment defined by state law. (Ord. 204, 3 -4 -1997) JAMES M. NEILSON Attorney at Law 118 East Main Street Anoka, MN 55303 Tel: (763) 489 -4000 Fax: (763) 489 -4001 Email: jim@neilson- law.com June 12, 2012 David D. Berkowitz Director of Public Works /City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Boyd Barrott 3047 - 173rd Lane NW, Andover, MN 55304 Enclosed find the following regarding the above: Real Property Law Specialist certified by the Minnesota State Bar Association RECEIVED JUN 13 2012 CITY OF ANDOVER Certificate of Survey by Meyer - Rohlin Land Services dated June 8, 2012 covering the above property which contains elevations for this lot. Please call me regarding the above. Very truly yours, AT, es M. Neilson JMN /lba Enclosure cc: Boyd Barrott v I I I I �¢ 'q ly OI m 41 S W W 0 ti oa Oti� hO OO car W; ?ow cq ly I b 1 n Ub t O �t0 313NJNOJ 1� �0 a'cic'S o O O �.. E`° w N O d \•9'96....,... m �V Al. vi O QUO 0 w2 OON. 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MS 3H1 ^�• !0 b/l MS 3H1 !O 3Nn 153M - l wo W \N ti O ^ Z KWh 0 h yy� I ' . ... A IC I T Y 0 F A NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers David L. Carlberg, Community Development Director Receive update on Grey Oaks Homeowners Association Documents - Planning August 21, 2012 The City Attorney will provide an update at the meeting. Respectfully submitted, —Z)4 �l . (Iv David L. Carlberg ,^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report August 21, 2012 The City Administrator and Department Heads will provide a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development/CIP Projects - Trident Development /Arbor Oaks - Wal -Mart proposal - Parkside at Andover Station - Platting activity 3. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. Respectfully submitted, Jim Dickinson