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HomeMy WebLinkAboutCC May 15, 1990 . \ '--) ) CA.' CITY of ANDOVER CITY COUNCIL 'WORK SESSION May 17, 1990 7:00 P.M. Call to Order 1. Consent Decree/WDE Site 2 . 3. Adjournment , ,__ AND9VER", ,.-J ANqKA "', CHAMPLIN, RAMSEY" "" QU '-..., 2015 1st Avenue, Anoka, Minnesota 55303 . 421-6630 ~UAD CITIES CABLE COMMUNICATIONS COMMISSION \ May 14, 1990 " Mayor Elling and Members of Andover City Council: I regret that I can not personally attend the Andover Council meeting of May 15, 1990. I am enrolled in an "Amiga" computer graphics course at Minneapolis Community College which meets on Tuesday nights. It is my understanding, an agenda item for the Council meeting is to determine if city staff should assist Quad Cities Community Television in the production of city oriented information programs. Let me provide a review of some of the objectives the Cable Commission has established and hopes to achieve for government programming. Also, explain why city assistance is so vital. One of the most important functions of government programming is to give citizens an opportunity to see their public officials in action. By covering the deliberations of local government officials, we as community producers help return local government to the people. This cannot be accomplished without your cooperation. It is established that city meetings are among the programs with local origins that enjoy a consistent viewership. City council members from all four cities have reported that they are stopped by citizens who have watched the meetings and commented on something that happened during the meeting. Frankly, sometimes it is to mention some technical difficulty of our equipment. However, the primary government program objectives of the Commission's programming entity, Quad Cities Community Television (QCTV-33), are to accomplish the following: * better provide public service iruormation to the citizens of the member cities: * increase awareness of the activities and deliberations of the legislative and advisory bodies of the member cities: ...J * increase the citizen's knowledge of their cities' various functions; * determine if programming or information distribution between the member cities is viable. o In light of the importance of this type of programming, not only did we need to overcome technical problems, the Commission has spend time clarify their policies and procedures for handling important and sometimes sensitive government proceedings. Effective city coverage does not start when the cameras are turned on and stop when they are turned off. The information needs to be expanded and explained. This can only be accomplished by people involved in the policy making decisions. In other words, we at QCTV- 33 certainly need staff assistance to allow us to expand our ability to transmit unbiased information to the citizens of Andover concerning the operation of the city government. At your meeting of May 14th, Councilmembers may ask questions about subscriber numbers and viewership numbers. It is a mistake to think along these lines or place importance on any types of "numbers". The kind of community programming we are trying to develop for the Quad Cities are not driven by the traditional commercial "rating numbers". An Andover community television show is never going to knock The Cosby Show off the top of the viewership hill. It was never intended for that purpose. It is unjust to try and draw a comparison of our efforts to those of the multi- million dollar funded tv networks. It would be better for the Council to make the analogy of a city park to QCTV - 33 than to commercial television. Certain land and areas are designated (mandated by ordinance) within in the boundary of the city for the purpose of community parks. Certain channels or space is designated (mandated by ordinance) on the cable tv system for government/community channels. City parks require a certain amount of budge't concerns and maintenance. The local channels require money and maintenance. No park is ever used 24 hours a day, 7 days a week. Quite likely, one may pass a city park several times and find no one using or enjoying this property costing funds to operate. However, it is a sure and definite fact that many, many families will enjoy these city parks throughout any given year. Likewise, QCTV knows cable viewers are not "glued" to our community or government channels, but we do have a identifiable 'consistent viewership in our cities. Viewers which appreciate that we provide tv coverage of local community events and government deliberation when no other communications medium is inclined to do so. A recent exclusive example being the Andover Recycling Day. J \ / - '\ ,--I The Cable Commission has established QCTV - 33 as its programming entity. Along with the basic program production requirements, the Commission requires of QCTV's staff of 3 the following: run two facilities: one, containing a studio, the other an office/playback/editing/computer center; train the volunteers: schedule all programs: archive pertinent city video: make dubs: recommend equipment for purchase or replacement and work with the Cable Commission to set policy for prioratizing programming between community, government or educational. QCTV has and will continue to take care of all technical aspects of any city programs. We try to work with city staff always to meet and maximize their work schedules. However, we can not go "on-the-air" for city staff or officials involved directly with the decision making policies these programs are intended to highlight. Actually, municipal staff should work no differently and think no differently about a tv programming challenge and getting information to the public than Council already requires of them to undertake. Staff should deal no differently with daily functions of information gathering than it currently does in preparing the written "Andover Newsletter", a publication which already is testimony to a staff properly in tune with its community. Please allow them the time to work with us to put this important information into a video format. Covering local government activities provides a valuable service to the community. It also provides QCTV - 33 a direct link to you, our political leadership. Further it gives us the opportunity to educate you about our community operation, for as we expand, we will surely be calling on you for assistance too. If government and community programming is done well, everyone wins!! Thank you in advance for your cooperation in accomplishing our programming goals and again I am sorry that I am unable to address you in person to do my school schedule. If you have any questions or concerns, please call me to discuss at 427-1411. (~htlE.-( I ;~1'connell Administrator '\ ,j ~J ~' % ~/f) ~---_c. C~ ~/>/?L-) Rr~~1:~9~~n . /U CITY OF ANDOVER A"~llJJlmA QUAD CITIES CABLE COMMUNICATIONS COMMISSION ANOKA CITY HALL May 17, 1990 1. CALL TO ORDER: 5:00 P.M. 2. ROLL CALL 3. APPROVAL OF MINUTES: 4/19/90 4. APPROVAL OF BILLS 5. NORTH CENTRAL ACTION ITEMS: A. SUBSCRIBER REPORT B. 1989 ANNUAL REPORT C. NCTA's HISTORY OF CABLE PRESENTATION 6. COMMISSION ACTION ITEMS: A. TREASURER'S REPORT -APRIL- B. ACTION PLAN - ADOPTION OF JOB DESRIPTIONS C. REVIEW NOTICES TO CITY CABLECASTERS D. 1990 SCHOLARSHIP FUNDS-NOTICES TO SCHOOLS 7. ADMINISTATOR'S REPORT: A. AUDIT UPDATE 8. ATTORNEY'S REPORT: A. MR. CREIGHTON'S CHANGE OF LAW FIRMS 9. NEW BUSINESS '\ ) , \ o AGENDA MEMORANDUM 1. CALL TO ORDER: Chair Cotten will call the meeting to order at 5:00. 2. ROLL CALL: Mava will take the roll for the benefit of the home viewers 3. APPROVAL OF MINUTES: Minutes of 4/19/90 4. APPROVAL OF THE BILLS: The bills this month are as follows: * Spring Clean, * U,S, West Comm" * A/V Wholesalers, #36730 - * City of Anoka, $ 225.00 - Aprll cleaning $ 113,60 - Phone service, $ 1 ,050.00Cinvoice breakdown below) 1,050.00 - Champlin Camcorder $ 1,825.39 - Commission's portion of invoice, 5. NORTH CENTRAL ACTION ITEMS: ChaIr Cotten has requested that I changed the order of agenda to break up my responsibllities of reportIng as much as posslb Ie. Therefore I have moved the company's report up on the agenda. A. Subscriber Report--Enclosed Is Kathi's company reports and the statistics for the previous month's activity. Please review and direct any questions you may have to her. B. 1990 Annual Report--On April 6th Cable TV North Central dellvered Its 1989 Annual Report. ThIs document accompanied the agenda packets last month. I have reviewed this year's document and find in to meet all of the criteria established by the franchise ordInance. Each of you should look through the entire document, but if you don't have time to page througtilt all, I have ctiecked the Important sections on the table of contents, Please review sections.. 2, 6, 7, and 12, If j'ou should have any questions regarding the annual report, please brln~o the meeting and Kathl or I w111 answer them, If you find the report to be satisfactory, It would be appropriate to off1cially accept the annual report via a motion, C. NCT A's HIstory or Cable TV--Kathi w111 be bringing a short video tape produced by the National Cable Television Association detailing the history of cable televis1on. It should prove informative for the newer members and provide an good refresher course for all of us ) ,J ) - Page Two - 6. COMMISSION ACTION ITEMS: A. Treasurer's Report--Report 15 Included In the packet. I have reviewed the report with Melinda Coleman, I w1ll give the oral report for the Treasurer, B. Act10n Plan-Job Desrlptlons--The motlon to accept the 1990 Action Plan at last month's meeting called for Job descrlptlons to be written and included in the plan. Please review the enclosed descriptions for both the Facilitator/Producer and the Program Producers, If acceptable,1 think theV1 will be automatically included in 1990 Actlon Plan with no further act i on necessary. C. Rev1ew of City Cablecasters--QCTV-33 has sent a notice to all the employees that cable cast city meetings. We are going to piece several meetings together and review them providing the operators with constructive suggestions on improving their coverage of these proceedings. We w1l1 also be looking at the Councils and staffs to help improve their "on-air" conducting of meetings as suggested by the Commission members. The meeting is scheduled for Thursday, May 24th at 6:00p.m. D. 1990 Scholarshlp--Enclosed 1s a copy of the notice I sent to several area schools and colleges. 7. ADMINISTRATOR'S REPORT: A. Aud1t Update--A meeting is scheduled for May 15th with representatlves of the accounting form of McGladery & Pullen to discuss the proper procedures, timing, franchise requirements, etc. I will provide an oral update at our meeting 8. ATTORNEY'S REPORT: Tom Creighton returned to his former Law Firm. He wll1 provide detalls of his decision and what 1t wll1 mean to the Cable Commission. 9. NEW BUSINESS: Any business which is not directly addressed by the agenda items can be brought up and discussed at this point in the meeting. '''. .:J ANDOVER. --- ANOKA ", CHAMPLIN .___ w_____..__.. RAMSEY', " '. . "'..,0 U'.. 2015 1st Avenue, Anok~~~~~~~~~~03 · 421-6630 "-,-" AD CITIES CABLE COMMUNICATIONS COMMISSION " QUAD CITIES CABLE COMMUNICATIONS COMMISSION April 19,1990 CALL TO ORDER Chairman Gerald Cotten called the meeting to order at 5:00 p.m. ROLL CALL Commissioners present were Chairman Gerald Dulgar (5:07 6:02 p.m.): William Haas, Netzloff; Gary Reimann: and Gerry Wegner. absent were Melinda Coleman and Randy Johnson. Cotten: Jerry Jr.: Richard Commissioners Others present included Kathi Donnelly-Cohen, Cable TV North Central; Terry O'Connell and Torn Creighton, Commission staff: and Joe Perrin, ABC Newspaper. APPROVAL OF THE MINUTES Motion was made by Haas, seconded by Wegner, to APPROVE THE MARCH 22, 1990, MEETING MINUTES AS PRINTED. VOTE: 5 ayes - D nayes. Motion carried. APPROVAL OF THE BILLS O'Connell reported the December 1989 $7 5 0 . 0 0 . the per diems paid to QCCCC members for and the first quarter of 1990 totaled The March bill for legal services, as indicated on the April 4, 1990, billing, totaled $768.35. The April 13, 1990, bill from the City of Anoka totaled $8,039.08. Of that, $6,223.86 will be paid for by QCTV-33: and the Commission will pay the remaining $1,815.22. . -.. \ '-~ The total bill from A/V Wholesalers carne to $862.35. #34419, in the amount of $350.00 for two microphones City of Andover, will be paid out of the Commission's Invoice for the budget. QCCCC April Page Meeting l1inutes 19, 1990 2 '-) The following invoices, totaling $512.35, will corne from the QCTV-33 budget: #34420 for $20.00, barrel1 connector; #34720 for $143.93, one hour 3/4 inch tapes; #35060 for $191.72, 10 minute 3/4 inch tapes; #35123 for $21.70, camera repair; #36007 for $45.00, camera repair; and #36131 for $90.00, tape deck rapairs. The remaining bills provided in the agenda packet are as follows: Spring Clean, l1arch services, $225.00; U. S. West Communications, $113.10; Collins Communications Systems Co., $82.50; Dartek, $299.95; Channels Magazine, $45.00; City of Ramsey, computer classes, $68.36; and Frederick's Accounting and Tax Service, quarterly statement, $200.00. l1otion was made by Haas, seconded by Reimann, to APPROVE PAYMENT OF THE BILLS FOR BOTH THE QUAD CITIES CABLE COl1MUNI- CATIONS COMMISSION AND QCTV-33, AS PRESENTED BY STAFF. VOTE: 5 ayes - 0 nayes. l1otion carried. NORTH CENTRAL ACTION ITEMS Subscriber Report Ms. Donnelly-Cohen presented Cable TV North Central's sub- scriber report along with statistics for the previous month's activities. Their abandonment rates have been reduced, with continuing efforts to reduce them even further. commission- ers concurred with l1s. Donnelly-Cohen's report that subscri- ber complaint calls have been reduced. (Dulgar arrived 5:07 p.m.) "l1ovie Time" will be changing of l1ay 1, 1990, "Pay-Per-View" number. as of June 1, 1990, to E!. As will be changing to a 1-800 Commissioners were pleased with the report. Cable Useage Request Ms. Donnelly-Cohen requested QCCCC's non-objection to North Central's purchase and use of jacketed-flooded cable instead of the armor jacketed cable. Her l1arch 28, 1990, letter to Chairman Cotten explained further. The cable has been ordered upon receiving approval from the other commissions. l1otion was made by Dulgar, seconded by Haas, INDICATING THE QUAD CITY CABLE COl1MUNICATIONS Cm-mISSION HAS NO OBJECTION TO CABLE TV NORTH CENTRAL'S PURCHASE AND USE OF THE JACKETED- FLOODED CABLE, AS REPORTED. , .. ,~ VOTE: 6 ayes - 0 nayes. l1otion carried. QCCCC April Page l-feeting Minutes 19, 1990 3 '\ 'J 1990 Line Extension Report Ms. Donnelly-Cohen presented the tentative 1990 Line Exten- sion Report, an attachment to her March 7, 1990, letter to Terry O'Connell.' Updated information on the number of homes proposed to be reached in a given area will be available after next week's meeting at which density will be discussed. O'Connell stated he will be meeting with the City Planners from each of the four cities and will report back next month if all City Planners concur on the number of homes per mile. O'Connell has a number of names of people from Ramsey and Andover who want to get cable hook-up. The cost of updating key maps will be obtained. Ms. Donnelly-Cohen discussed the 1989 Annual Report, which included consumer services information. O'Connell stated he would go through this extensive report and identify specific information of which the commission should be aware, and place it on the May meeting agenda. COMMISSION ACTION ITEMS Treasurer's Report O'Connell presented the Treasurer's Report for the period ending March 31, 1990, showing an ending balance of $14,663. Total expenses in March were $7,709.85. O'Connell explained the first and second quarter studio rent will be paid out of the Commission's budget, and the third and fourth quarter rent will corne out of the QCTV-33 budget. Motion was made by Reimann, seconded by Haas, to APPROVE THE TREASURER'S REPORT AS PRESENTED. VOTE: 6 ayes - 0 nayes. Motion carried. Review of Franchise Fee Payment O'Connell presented the 1989 franchise fee report dated March 23, 1990. A check totaling $40,873.08 was received from the cable company. Five per cent of the franchise fee totaled $27,248.72; and 2.5 per cent of the gross, $13,624.36, was paid to QCTV-33. O'Connell noticed the report contained an error in that there showed $0.00 for Miscellaneous/Ad Sales Revenue. A revised report was then provided showing Miscel- laneous/Ad Sales Revenue of $10,478.92. Five per cent of that was $523.95. , '\ ,) O'Connell reported the audit is continuing. QCCCC 1I.pr il Page Meeting Minutes 19, 1990 4 \ 'J Approval of QCTV-33 Funds Transfer Motion was made by Haas, seconded by Dulgar, to TRANSFER HALF THE FRANCHISE FEE, $13,624.36, (FIRST CHECK) AND $261.97 (SECOND CHECK) PLUS SUPPORT PAYMENT FROM THE TWO CHECKS IN THE AMOUNTS OF $13,624.56 AND $261.97 RESPECTIVELY; FOR A TOTAL TRANSFER TO THE QCTV-33 ACCOUNT OF $27,808.66. VOTE: 6 ayes - 0 nayes. Motion carried. Franchise Fee Reporting Form O'Connell stated he was unable to meet with other cable commission administrators, who are served by Cable TV North Central, to discuss the format of the franchise fee payment worksheet. He again reiterated he does not like the current form and recommended the Commission not accept it. O'Connell felt the categories should be broken out further. He felt it was inadequate reporting to lump the advertising together. He would relent on past demands for extensive installation breakdowns and pay-per-view reporting. However, O'Connell stated this is the cities' franchise fee payment, and Cable TV North Central should be using our reporting form. He felt strongly that the QCCCC need more detail provided. Ms. Donnelly-Cohen felt the current worksheet provides an adequate report for QCCCC, as it does for the other commis- sions. She asked that the Commission consider the excessive costs involved in changing software. Ms. Donnelly-Cohen felt Mr. O'Connell's requests were unreasonable. It was reported the other commissions recognize things will change in the future and are tentatively approving it pending the outcome of the audit. O'Connell felt the term "reasonable" As for the advertising, he suggested mechanism now while it is relatively future increased volume. was a matter of opinion. they set up a tracking easy in preparation for O'Connell recommended he be allowed to work with the QCCCC attorney on this matter through the audit period. However, he would like to see the North Central advertising sales agreements. Motion was made by Cotten, seconded by Dulgar, to TABLE FURTHER CONSIDERATION OF THE FRANCHISE FEE PAYMENT WORKSHEET, WITH THE UNDERSTANDING IT l'mULD COME BACK NO LATER THAN 60 DAYS, TO ALL~~ O'CONNELL TO DISCUSS THE ISSUE FURTHER WITH MS. DON}lliLLY-COHEN AND ATTORNEY TOM CREIGHTON. " I -J VOTE: 6 ayes - 0 nayes. Motion carried. QCCCC Apr il Page Meeting Minutes 19, 1990 5 ,J Review of Action Plan (1990 Goals and Objectives) The Commission reviewed the proposed 1990 goals and objec- tives as set out by staff in the form of an Action Plan. Also provided was O'Connell's job description. O'Connell agreed to provide, at the next meeting, a job description of the Facilitator and Community Television Producer, listing their responsibilities. Creighton indicated there would be a few minor changes to the Action Plan presented. However, a suggested change of . some importance is found on page one of the Mission Statement, paragraph four, first sentence: "This Action Plan will guide the deliberations of the Cable Commission and will serve as a means of measuring Canmission and staff performance." Haas stated he is pleased with the proposed Action Plan which will be an effective guide throughout the year. Netzloff stated city personnel and board members, including the school board, should be trained to be TV-wise, such as not putting their backs to the camera and and speak fairly closely to the microphones when making a statement. Haas suggested cutting some tape and actually showing them what these actions look and sound like. Apparently addition- al training is necessary. Dulgar concurred. O'Connell suggested speakers approaching the public micro- phones might feel more comfortable and at ease if there was a podium. Haas suggested O'Connell contact the Ramsey to obtain information on their reviews. O'Connell sould then draft form to use for each employee after the obtained. Cities of Anoka or employee performance a performance review job descriptions are Motion AcrION TIONAL was made by Haas, seconded by Netzloff, to ACCEPT THE PLAN FOR 1990 AS DRAFTED. THERE SHALL ALSO BE ADDI- ON-TELEVISION TRAINING OF CITY COUNCILS AND STAFFS. VOTE: 6 ayes - 0 nayes. / Motion carried. 1990 Scholarship Funds ) The Commission considered their scholarship awarding options. O'Connell recommended the Commission award a scholarship in the form of an internship to QCTV rather than awarding it to a graduating senior that leaves the quad cities. He sug- gested one of the criteria for receiving a scholarship be QCCCC April Page Meeting Minutes 19, 1990 6 , -) that the student's parents must be residents of one of the four cities. O'Connell agreed to report further next month and would draft a notice to the area schools: Motion was made by Dulgar, seconded by Haas, 1989 SCHOLARSHIP PROGRAM FOR 1990, KEEPING ORGANIZATION, AS LAST YEAR. to CONTINUE IT WITHIN THE THE VOTE: 6 ayes - 0 nayes. Motion carried. ADMINISTRATOR'S REPORT First Quarter 1990 Financial Report O'Connell reviewed the first quarter 1990 financial report completed by Frederick's Accounting Service. He is currently working with Mr. Frederick to change the "Budget" column so that it provides information on the portion of the budget spent to date. O'Connell also preferred to know from this form, under expenses, what percentage represents the total money spent. (Dulgar left at 6:02 p.m.) ATTORNEY'S REPORT - None. NEW BUSINESS - None. CLOSING Motion was made by Haas, seconded by Reimann, to CLOSE THE QCCCC MEETING AND MOVE ON TO THE QCTV-33 AGENDA. VOTE: 5 ayes - 0 nayes. Motion carried. Time of closing: 6:05 p.m. Respectfully submitted, ~y~~. . / Mava Mikkonen Recording Secretary , ) " " ,_/ ~~[Eli1I[D~ ~(clrWg~al MAY 17, 1990 1. OPEN 2. APPROVAL OF MINUTES: 4/19/90 3. REVIEW/APPROVAL OF BILLS A. FINANCIAL REPORT 4. EXCECUTlVE DIRECTOR'S REPORT: A. LOCAL PROGRAMMING REPORT B. OPTIONS ON SHIRTS, CAPS,BADGES, ETC. C. EQUIPMENT PURCHASE REVIEW D. N.F.l.C.P. CONFERENCE 5. CLOSE 6 ADJOURN aCT V & COMMISSION MEETINGS "- i -.j '\ , J fiM:I~ IdU~~~~~~ W~~~lIImtif ~I.t\l-WW ~~~Ie:8 "''''''B!::H:IS r..~"~~Il\A ~ ~W~II"~ J~.JUW'=.~ 1. OPEN-Chair Cotten will declare meeting open at the close of the Commission Meeting. 2. APPROVAL OF MINUTES-The minutes from the meeting held 4/1 9/90 will be reviewed and approved. 3. REVIEW/APPROV AI. OF BILLS--Here are bills this month which need to be submitted for approval. AN Wholesalers - $9,348. 69 (invoice breakdown below) #36730 - 2,440.00 - portion of this invoiceforQcrv #36729 - 220.00 - Microphones for studio #36806 - 66.79 - Studio lights #36938 - 120.00 - Copy Stand for Amiga #36937 - 3n. 90 - Shotgun Microphones #37448- 5,748.00-CamerasforMX12 #37608 - 376.00 - Camera cables A. FinancialReport: A report similiarto the Commission's Treasurer's Report is enr;losed formiew. It details actuals of the March expenditures of Qcrv -33. 4. EXCEUTIVEDIRECTOR'SREPORT-- A. Local Program mi n~ Report: I will give an oral report on both production and playbackhoursforQcrv- 3. B. Options on shirts. etc.: I will have prir;e quotes and comparisons at the meeting. The suppliers I have r;ontar;ted so far have not been able to submit the quotes at packet mailing . C. Equipment P1Irchase Review: Last weekI purchased another Commodore "Amiga" computer for Qcrv. The decision to purchase a second computer will be explained in detail at the meeting. Basicallywhathappeen is that bothof our~duction Character Generators went defunct during the same week. I have made the deClsion to replace the C. G. 's with the Amiga Computer. Priorto actual purchase I disc:ussed with Chairman Cotten. D. N. F. L. C. P. Annual Cant erence: Enclosed is the brochure for this year's conference to be held in Washington D. C. The budget has appriated funds for one of Qcrv's emplyeesto attend the annual conference. We can disc:uss further at the meeting. 5. NEW BUSINESS--Any items not covered by the agenda can be disc:ussed at this point in themeeting. 6. CLOSE-- ADJOURN THE COMM:ISSION MEETING-- The Chair will ukfOt" motion to 7. adjourn. ) \. " , ANDOVER \ ---ANOKA .---.-- ) CHAMPLIN --_. RAMSEY ',QU . 20151st Avenue, Anok~, Min_~esot:.~~~~~ . 421-6630 "'_. AD CITIES CABLE COMMUNICATIONS COMMISSION " QCTV-33 April 19, 1990 CALL TO ORDER Chairman Cotten called the meeting to order at 6:05 p.m. immediately fOllowing the regular Quad Cities Cable Communi- cations Commission meeting. ROLL CALL Commissioners present were Chairman Gerald Cotten: William Haas, Jr.; Richard Netzloff; Gary Reimann: and Gerry Wegner. Commissioners absent were Melinda Coleman, Jerry Dulgar, and Randy Johnson. Others present included Terry O'Connell and Tom Creighton, Commission staff; and Joe Perrin, ABC Newspaper. APPROVAL OF MINUTES Motion was made by Wegner, seconded by Reimann, to APPROVE THE MARCH 22, 1990, MEETING MINUTES AS PRINTED. VOTE: 5 ayes - 0 nayes. Motion carried. REVIEW/APPROVAL OF BILLS Bills were approved during the QCCC Commission meeting held earlier this evening. Financial Report / O'Connell presented the Financial Report ending March 31, 1990, showing a balance of ses for this period totaled $13,564.30. for the $16,213. period Expen- QCTV-33 expended $30.00 on mini-bowl tape refunds at $15.00 a piece because of production problems. ) O'Connell reported purchasing a used, one year old Cannon copy machine for $400.00. QCTV-33 Meeting Minutes April 19, 1990 Page 2 '\ ,~ Motion was made by Haas, seconded by Reimann, to APPROVE THE FINANCIAL REPORT AS PRESENTED. VOTE: 5 ayes - 0 nayes. Motion carried. EXECUTIVE DIRECTOR'S REPORT Local Programming Report O'Connell reviewed the schedule. He expects to programming schedules for 29, 1990, were presented. February and March 1990 playback do more advertising promotion. The the weeks of April 16 through April First Quarter Financial Report O'Connell reviewed the QCTV-33 first quarter financial report as prepared by Frederick's Accounting Service. There will be a few changes made prior to the next report: "Sales" will be renamed, an "Equipment Grant" line will be added, and under "Budget" the figures representing salaries and benefits need to be broken down. Netzloff queried the possibility of obtaining shirts and/or jackets with a QCTV-33 emblem identifying employees. It was noted there has been $529.00 budgeted for this expense. O'Connell agreed some sort of identification patch for clothing or shirts should be obtained. Netzloff further suggested magnetic signs be on QCTV-33 employee vehicles identifying entity so the public will be aware they are functions. provided for use the programming present at these Haas concurred such magnetic signs would achieve better recognition, and directed staff to check into the cost of such signs and report back at the next meeting. As for identifiable clothing for employees, Haas asked that staff check into the cost of nylon jackets, something screen printed, or perhaps a shell of some sort and report back. Reimann suggested perhaps a name tag or identification badge would be sufficient, at the least. Equipment Purchase Review ) O'Connell reported ordering an MX12 three-camera switcher at a cost of $2,100. He would like to order some new cameras and tripods and currently has three bids out. O'Connell expected the cameras will cost approximately $7,000. The Commission will receive a further update at the next meeting. QCTV-33 Meeting Minutes April 19, 1990 Page 3 ) Motion was made by Cotten, seconded by Reimann, RECOGNIZING THE EXECUTIVE DIRECTOR'S REPORT. VOTE: 5 ayes - 0 nayes. Motion carried. NEW BUSINESS - None. CLOSE - None. ADJOURNMENT Motion was made by Haas, seconded by Wegner, to ADJOURN BOTH THE QUAD CITIES CABLE COMMUNICATIONS COMMISSION MEETING AND THE QCTV-33 MEETING. VOTE: 5 ayes - 0 nayes. Motion carried. Time of adjournment: 6:24 p.m. Respectfully submitted, y'{~ y' 7tL4u..J Mava Mikkonen Recording Secretary '\ ) I) .r) ....0 . I , (., L; I.../~ IS' I :/ ,) BI-LAWS of the ANDOVER VOLUNTEER FIRE DEPARTMENT, CITY OF ANDOVER, ANORA COUNTY, STATE OF MINNESOTA ARTICLE I No person except the following , to wit, who are members of said organization at the time of the adoption of these By-Laws and the Constitution of said organization, but are now in the military service of the United States shall become a member of said organization until he/ she has signed a copy of the By-Laws and Constitution of the organization, thus signifying his intention to abide by the provisions thereof. The Secretary of the organization is hereby authorized to affix the signatures of the above named members in the military service to said documents. ... ARTICLE V Section 4 A grievance committee shall be elected by the members at the Annual Business Meeting. The committee shall consist of 5 active members & 2 substitutes. A vote of 51% of the active members of this organization present and voting, providing that the favorable total equals fiftyone percent or more of the total active membership, shall dtermine the committee.The substitutes shall take the position of active committee member as the need arises. ARTICLE VI Section 7 :J Absentee Ballots shall be accepted for election of officers when submitted prior of the date of elections. ARTICLE VIII Section 3 Ho member of this organization shall be suspended except by the , , \ ~~ authority of the chief of the organization. If suspension is accepted, it is dropped here. If suspension is contested, suspension shall be written and posted within 7 days and member notified in writing. Members appeal of suspension shall be written and posted within a 7 day period following notification. The greivence committee shall receive in writing information from accused and accuser and prepare a findin~ of facts within 7 days. Only information on the specific incident will be considered in the finding of facts. The grievence committee may seek information from anyone with facts on the incident. The finding of facts shall be delivered to the chief. The comittee chairman shall present all findings of facts to the general miembership. It will be voted on at a regular business meeting or a special meeting on the 3rd or 5th Wednesday. Two-thirds of the active members present, provided a quorum is present, is needed to lift a suspension. A former member not receiving a favorable vote for reinstatement may not reapply within 6 months of said vote. ~J . \ J CONSTITUTION ANDOVER VOLUNTEER FIRE DEPARTMENT CITY OF ANDOVER, ANOKA COUNTY, STATE OF MINNESOTA Revision N ARTICLE III Section 1 The elected officers of this organization shall be Chief, Assistant Chiefs, and Secretary. Section 5 The Assistant Fire Marshal shall, hold position of Fire Marshal, when Fire Marshal is on leave or not able to perform duties. ARTICLE II Section 1 Any person who is a resident of or works in the City of Andover, Minnesota, not less than 18 years and not over 65 years of age, may submit an application for membership to the Organization. Upon approval, said applicant shall be admitted to the Organization and shall exercise all the privileges enjoyed by the members of ;siad Organization. ~) \ j ..-J ., -, :....... C-,''/'-'' :'~K"" (I 'j G'" Individual resident- 64 Security Fence & Construction- 2 Anoka Electric Cooperative- 62 FIC Cooperative- I - Midwest Gas- 41 Muller-Pribyl Utilities- 63 Preferred Construction- 1 Beaver Plumbing- ! Mickman Brothers- 3 Marty Brothers- 4 Northdale construction- 4 North Country Irrigation- 3 Woodland Developers- 2 Hank Weidma Excavating-3 US West- 4 Ron & Son Construction-6 Mickelson Plumbing- 1 Bc,rden-Holt- 2 Design Contractors-2 Diggers Inc.- 2 T.D.C. Inc.-l City of Andover-2 City of Anoka- 2 Hutton & Row- 1 Raintree Builders- Dahl & Associates- I Wilderness Landscaping- Stanway Excavating- 2 Corrow Lawn Care- I Emerald Irrigation-2 D.T. Landscaping- 2 Northway Landscaping- American Excavating- I Dellwood- I Pop-up Sprinkler- I Steve's Sprinkler-l All Service Blacktop- L & N Sewer&Water-! 1 Solid Gold Construction-l Dick's Excavating-l Kunde Co.- I Hokanson Plumbing- Arrow Signs- I Streamline- I Anoka County Highway Dept.- 3 Stumper's Stump Grinding-I Northwest General Service-l Outside Services-2 B & B Excavating- 4 Lessard- Nyrad utilities- 2 Warning Lights~ I Waleski & Sons- I ... rHI!'SE Ai=.E C.A~I-s T!fAT"' c.:'Td S,.ItFP /2.~CIEV'5D l=-rzofl-1 6orl'or,e .srIlT; ONE c../tLl- F()!t'- rilE" /v1O/VTlI OF /trAIt... 7~";~ Total for the month of April- 325 , '\ ,~ THE RESULTS ARE IN: * 78% of the homes are too far from the Fire Station (Insurance Services Office Study. 1985) * In order to maintain proper response times, Andover must build 2 more fire stations (BRA Study, Nov., 1987) * The current location of one centrally located fire station is inadequate to meet even current needs (Aldrich & Associates Study, Dec., 1989) * The City has doubled in size since the last fire bond issue in 1978 with no substantial changes in fire protection * Average response time to structure fires exceeds 9 minutes: maximum standard response time should not exceed 7 min (ISO and Aldrich) * The present apparatus inventory is aging and inadequate to meet the needs of present population and building units WHAT IS NEEDED? According to the Aldrich report, Dec., 1989: * To construct two new fire stations immediately and acquire a site for future relocation of the current fire station (see map below) * The acquisition of new apparatus and refurbishing of the two existing pumpers * Aggressive recruiting campaign to increase Fire Department to at least 50 members WHAT IS THE COST? Bui Idings Trucks & Equipment Land Acquisition Inflation Allowance Bond Costs TOTAL $1,447,000 802,000 25,000 113,000 113.000 $2,500,000 '\ '-~ :) WHAT WILL IT COST ME? Est Mkt Value Average Annual Inc~ Average t10nthly InGL~ Ave Wkly InG~ 75,000 100,000 125,000 150,000 200,000 122.96 167.51 256.61 10.25 13.96 21.38 2.36 3.22 4.93 ~ Currently Andover Is the 9th fastest growing Glty In MInnesota with 39.4% increase in 1980-88 (MN State Planning Agency) * These costs assume zero Qro\~th In Andover beGause the growth factors are unpredIctable * As the CIty grows, these IndIvIdual costs wIll be reduced WHO WILL BENEFIT FROM THIS BOND? All resIdents wIll benefIt because: * Faster response tImes to al I areas of the CIty * 88% of homes wIll be wIthIn 2.5 mIles of statIon (ISO Standard) * 24-hour medIcal rescue servIce provIded ~ There will be more fIrefIghters per call * EquIpment updated to meet Andover's growth * Bond wIll meet antIcIpated growth needs well past year 2000 WHAT MIGHT HAPPEN IF WE SAY NO TO THIS BOND? * Alternate methods of fundIng such as lease-baGk or equIpment bonds are more costly and restrIctIve * Another bond soon wIth Increased costs * Slower response times as the cIty grows * Equipment faIlures (all pumpIng equIpment Is over 10 yrs old) * PossIble loss of Mutual AId wIth other fIre departments * Increases In Insurance rates as losses Increase * Increased risk to lIfe and property WHERE DO I VOTE? I f you 11 ve Vote at '\ West of Round Lake Blvd South of Bunker Lake Blvd. North of Constance Blvd (161st Ave) East of Round Lake Blvd South of Constance, North of Bunker, East of Round Lake Grace Lutheran Church Crooked Lake School Fa.mt ] y of Cht-I st Lutheran Church "'- --/; Andover School , 'CD II WHlrT_t2-lt~ND_~ u----.1 . , i i, @ ~Z~_o/'~~&~L=HOI1LtH IS1 ,". I. ' I "- ~ . . i . i , , i ! @ @ !illIA-T-=tE - A N rou6~n (Z6'7' DeiVr>- ~5A'1 ~ n ~JLkJl:Cl2S1"t- .__~_- 1~lJ]'-6IHfS-a?ND?" , I (0) ~_J ~ ,~ - W~i~ ~( d'~II~ '\, ~ - j- ..?-...:.-\~.:!~ e ~ . ". - , , '-------.:l..:.-:'':-.:J;; ~<::-~ / ~s--' (j) J ~~()/_ ._.1 ...... .---- ) "18fV~~'~"V ~:~~ ~~/~ .- ..........~~_. .~--..-..~. .-....*.--..-_..- . -.-._.--~..~--~-::::::::.=-::::-...---_.._-_.-_.. .~-:-:- _ -,c.. .::.~~-: -. r.' . =l: . __--~ ~~I~.J::;;~P""=;ll.P~ ~~~~~J v._..........-..,.....___ .__...r_______ \ 1\ \ 'I \ 1/ I -- - - ,_._------~--_. .' . ..---- ..,.....~>-,...~). ".I'~' . ----".... ." ..~-:.~, .' / \ -_.,"- ',' .....-.--~.'J._. " ~'. /'. .. .-- .-" :...-..--.--- ... \. .' : ,\ / - I \ . ..--"-/ \ , . \ I . J \, ; I I , /j. _. '_ /-----. ~l '1'//)1 \ ,~ ___--.t ;/' .-'-'- '\' -- ."..,/ --' \ .. --- - ..-- ,- ~ --..-..~ \ \". ..' '\.. -.- ------, ,.,' ">.,. / .....-.. G ~L~lO !\Jx()\ _'Li A1C1J::- -""",.,.;;,",",. e'..,.."'.., .,,,,,,,,,,,,,,,,~,=,,,,,,.,%.;.,,,~ } 11~rl \ ~\&~rJ\NI I \1\\.JJL. /~17 \II\\leJ~ .R'" ,.,,==,===--= -="'~-- '\..\ (. )... \ --.\ (0\'\ (1 \, \ ,y) '\ \\--,J \ (J':""V\\ f~\ I ',' .,' \ ~ ' \ \) ,,:\ I J \ )'cJO .' ....-- J . . 5il~9dIS'.J2i '28f\OdN\i DATE: May 15, 1990 ,-J ITEMS GIVEN TO THE CITY COUNCIL Letter from James J. Solem, MHFA (April 1990) Park and Recreation Minutes (5-3-90) Regular City Council Minutes (5-1-90) Notice of Public Meeting Ordinance 40 F Ordinance No. 8 LLL Planning & Zoning Minutes (4-24-90) Building Department Report (April 1990) Letter from John Davidson, TKDA (5-2-90) Letter from Richard D. Clark, MN Dept. of Health (4-27-90) Business Media PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. ) THANK YOU. Subject: James J. Solem Commissioner Minnesota Housing Neighborhood Preservation Home Improvement Loan Program '/0 (.c. :5j/{f;u ~~/ C~ ~IINNlS(Jr^ 19sc---- .'.'_ ..- - 1Il1~ ."... il p!il" R~~l -;ITY OF ANDOVER MINNESOTA HOUSING FINANCE AGENCY Date: April 1990 Interested Partie To: From: The Minnesota Housing Finance Agency (MHFA) is now accepting applications for funding for a new residential improvement financing program: the Neighborhood Preservation Home Improvement Loan Program. Enclosed for your review is the text of the Request For Proposal for this important new program that appeared in the April 2, 1990 State Register. The Agency's announcement of this program was delayed due to the budget deliberations of the state legislature. The Neighborhood Preservation Program is a loan purchase program, whereby the MHFA purchases qualifying loans from a lender delivering the loans locally. The program provides property improvement financing to a wide range of borrower types to improve a variety of residential properties within selected neighborhoods. Because it is designed to complement a city's own neighborhood preservation efforts, the program requires a commitment of local resources. As you may be aware, budgetary decisions made during the recently-adjourned 1990 legislative session eliminated the funding for the Housing Preservation Grant Program for this biennium. While this may be disappointing news, it does reaffirm the importance of the Neighborhood Preservation Home Improvement Loan Program as an important tool for communities to improve residential properties. If you have any questions about this program or would like application materials and a more complete program description, call the contact person referred to in the Request for Proposal. MHFA looks forward to your continued partnership in improving Minnesota's neighborhoods. '. ) 400 Sibley Street, Suite 300, St. Paul, Minnesota 55101 (612) 296-7608 Telecopler (612) 296.8139 Equal Opportunity Housing and Equal Opportunity Employment 'J MINNESOTA HOUSING FINANCE AGENCY ('~ OPPHf~ L:~\~ MINNLSOI^ 1990 REQUEST FOR PROPOSALS NEIGHBORHOOD PRESERVATION HOME IMPROVEMENT LOAN PROGRAM The Minnesota Housing Finance Agency (MHFA) announces the availability of up to $10,OOO,ODO in funds to assist cities in the preservation and rehabilitation of residential housing in designated neighborhoods. This request for proposal does not obligate the state to complete this project, and the state reserves the right to cancel the solicitation if it is considered to be in its best interest. GOALS AND OBJECTIVES The Neighborhood Preservation Loan Program is a program which provides property improvement financing with attractive terms and conditions as an incentive for neighborhood preservation activities. Eligible neighborhoods are designated by cities, and must meet basic criteria established by the MHFA. Cities are expected to participate in the program by designating neighborhoods and local lenders, and contributing to the total neighborhood preservation effort. A more complete description of the program is contained in the Neighborhood Preservation Home Improvement Loan Program Summary. See "Application Process; below. CITY RESPONSIBILITIES Cities or their designees, shall pertorm the following minimum tasks: 1. market the program in designated neighborhood; 2. provide a local contribution of funds, property, or services equal in value to no less than 25% of the amount of MHFA's commitment to purchase loans; 3. take loan applications and make eligible loans in the designated neighborhood; 4. operate the program as specified in the agreements establishing the program in the designated neighborhoods. Responders may propose additional responsibilities or activities if they will improve the results of the program. APPLICATION PROCESS All applications for funds must be in a form specified by MHFA. Prospective responders who have questions regarding this request for proposal or who would like to receive an Application for Funding and a Neighborhood Preservation Home Improvement Loan Program summary may call or write: Gregory Baron Minnesota Housing Finance Agency 400 Sibley Street, Suite 300 St. Paul, MN 55101 Telephone: (612) 297-3123 Toll Free 1-800-652-9747, Extension 7-3123 Please note that other agency personnel are not allowed to discuss the project with responders before the application deadline. Completed Applications for Funding must be sent to and received at the address shown above no later than 4:30 P.M. on Monday, July 2, 1990. 400 Sibley Street, Suite 300, St. Paul, MInnesota 55101 (612) 296-7606 Telecopler (612) 296.8139 Equal Opportunity Housing and Equal Opportunity Employment . , j I rl Late applications will not be accepted. Submit three copies of the application. Applications are to be sealed in mailing envelopes or packages with the responder's name and address clearly written on the outside. Each copy of the application must be signed, in ink, by an authorized representative of the city. CONTRACT AMOUNTS The Minnesota Housing Finance Agency has not established a minimum or maximum contract amount. MHFA may reduce amounts requested at its sole option and discretion. PROJECT DATES Generally, all loans to be purchased under the program must be made and local contributions expended within one year of execution of program agreements. SELECTION CRITERIA All completed applications submitted in response to the Request for Proposals will be reviewed by the MHFA staff and others as approved by the MHFA Commissioner. Final selections are anticipated to be made by the MHFA Board no later than August 23, 1990. All applicants will be notified of the selections. The MHFA may request and consider additional clarifying Information which may not originally be In the application. The selection of the proposal for funding may be. made contingent upon receiving the additional Information. The MHFA additionally reserves the right to negotiate with applicants regarding various components of their proposal Including, but not limited to, the amount of funding requested, the administrative capabilities and fiduciary responsibilities proposed, and the proposed goals, objectives, and activities. Only those Applications for Funding which contain the required documentation shall be considered for funding. Incomolete aDolications will be immediately disaualified from consideration The Application for Funding and its related documentation is expected to clearly demonstrate the need for the program, the expected impact of the program, and the implementation method of the program. MHFA will take the following criteria into consideration when determining whether an application will be selected to be funded. A. the relative neighborhood preservation needs described in the proposal which needs may include, but not be limited to, housing needs, the needs of commercial and public properties, and infrastructure; B. the extent to which other resources are or will be allocated to address the stated needs; C. the expected impact of the neighborhood preservation activities; D. the extent to which other conditions or resources exist for long-term preservation of the designated neighborhood; E. the extent to which low and moderate income residents will benefit from the neighborhood preservation activities: F. the extent to which displacement of residents will be minimized: G. the geographic area to be serviced, the size of the request for funds or other factors that will achieve a reasonable distribution of resources across the state; H. the priority rating a city may assign to a proposal if the city submits more than one proposal; I. the extent to which the proposal is more innovative than other proposals. This Request for Proposals (RFP) is subject to all applicable federal, state, and municipal laws, rules, and regulations. MHFA reserves the right to modify or withdraw this RFP at any time and is not able to reimburse any applicant for costs incurred in the preparation or submittal of applications. (j Notice of Public Meeting Ie') C. C. .' ~}1:Y'9 (..J ! ~::-';._'; 7<;). _ .08. .. 9f/~() " ',j t~' f"o. 'J ,,;;; ."" '"",, .. iJ . OM kn..J WIt.; lii._' ~ .,....,1. q ~, ir ,~ . \,' ,'" ..' .' t,~,7 .} Lt,;.," a is,: ~ ~rl'!i~';-8 ;~9;-lJ ~ ~ CITY OF I' ~"V"'\/'::"" Examination of Metropolitan Council Policies for the Rural Service Area The Metropolitan Council's Metropolitan and Community Development Committee will hold a public meeting to hear comments on its existing development policies for the region's rural area. You are encouraged to participate in this meeting. Both urban and rural communities would be affected by any changes in the Council's rural area policies because the policies are closely coordinated with its urban area policies. The Council's rural area policies are contained in its Metropolitan Development and Investment Framework (MDIF). When it adopted the MDIF in 1986, the Council decided to reexamine its policies for the general rural use area for lands not suited for agriculture. By the end of 1990, the Council expects to consider policy alternatives for: * * Appropriate rural area land uses Development density Various implementation approaches, such as cluster development or lot-size standards Planning for areas in transition from rural to urban use * * The Council invites your comments on these and other topics related to the general rural use area. PUBLIC MEETING INFORMATION When: Thursday, June 7, 1990 4-4:15 p.m.: Council staff presentation 4:15-6 p.m.: Discussion and comments by public Where: Council Chambers Mears Park Centre 230 E. Fifth St. St. Paul,MN 55101 , I j : Who Will be Notified: Key contacts of urban and rural local governments Metropolitan Council Land Use Advisory Committee Interested citizens and community organizations How to Participate: 1. You may attend the meeting and offer oral or written comments. If you want to speak at the meeting, you can sign up at the door, or you can register to speak in advance by calling the Council's Community Outreach Division at 291-6500. 2. You may send a letter with comments by June 14, 1990 to: Carl Ohm Metropolitan Council Mears Park Centre 230 E. Fifth St. St. Paul, MN 55101 Questions: Please feel free to call any of the following staff of the Council's Research and Long-Range Planning Department: Carl Ohm, 291-6507 Bob Overby, 291-6381 Anne Hurlburt, 291-6501 Paul Baltzersen, 291-6321 H:\LmRARY\DOCUMEN'I\LNHOOl.WPR 1, to 1\..../ ! I I i I I ) I vc~V~teW Examination of Metropolitan Council Policies for the Rural Service Area RURAL SERVICE AREA POLICIES The Metropolitan Council's rural service area policies are part of its Metropolitan Development and Investment Framework (MDIF). The MDIF is the plan that sets a general direction for future development patterns in the Metropolitan Area. It also establishes guidelines for making decisions about major regional facilities, like sewers and highways, that are needed to support the commercial, industrial and residential development of the area. The MDIF divides the region into a metropolitan urban service area and a rural service area. The focus of the Council's strategy on directing growth in the region is to encourage development to occur within the urban service area. When it adopted the MDIF in 1986, the Council decided to reexamine its policies for the portion of the rural service area consisting of the general rural use area where the land is not suited for agriculture. This area comprises more than 40 percent of the land in the Metropolitan Area. By the end of 1990, the Council expects to consider policy alternatives for the rural area. Council policy supports agriculture in the general rural use area, and residential development at densities of no more than one unit per 10 acres computed on a 40-acre basis (a maximum of four units per 40 acres). Metropolitan systems (such as highways and sewers) will not be extended to serve urban-scale development in the general rural use area. The comprehensive plans of local governments must address these policies and the provision of services to any urban-density development that already exists, particularly the operation and maintenance of on-site sewer systems. The consistency of local comprehensive plans with Council policies is also a consideration in review of proposed expansions of the urban service area in communities on the edge of the developing area. OBJECTIVES OF THIS STUDY The study currently under way will: . . . . . Examine the status of how existing Council policies for the rural service area have been implemented. Examine the relationship and trends of development within and outside of the MUSA. Review the implications of development in the rural service area with respect to the following: the history of rural area policy, MDIF policies and metropolitan growth, the legal basis for rural area policy, sewers, transportation, housing, parks, natural resources, solid waste, human services and grants to local governments. Clarify the land uses appropriate in the rural area. Review the density standard that detennines the amount of development that can be accepted ~ METROPOLITAN COUNCIL. Mears Park Cenlre .230 WSI Fifth Street. 51. Paul. Minnesota 55/01 .612291-6500 / in the rural area without adversely impacting the environment and the provision of public (~ : servIces. . Examine various approaches (such as clusrering andlor lot-size policies) that might permit the overall density policy to be more readily adapted to individual communities within the Metropolitan Area. . Look at the unique issues faced by communities on the edge of the developing area, which must effectively plan for future expansion of the MUSA into the rural service area. The results of this study will be used to update the MDIF, planned to begin in 1991. SCHEDULE In recent months, the Council's Metropolitan and Community Development Committee has worked with its Land Use Advisory Committee to review the Council's existing policies and rural development trends. A series of issues papers have been prepared to examine the impacts of development in the rural area. A summary of the conclusions of the issues papers is attached as part of this Overview. The two committees have scheduled a public meeting to receive input prior to the next steps of the study. The tentative schedule is as follows: June 7, 1990 Public meeting held 4-6 p.m., Metropolitan Council Chambers June through August 1990 Policy alternatives developed and reviewed on: Appropriate rural area land uses Development density Various implementation approaches, such as cluster development or lot-size standards Planning for areas in transition from rural to urban September 1990 Policy alternatives recommended for public comment. October 1990 Public meetings held on recommended policy alternatives. December 1990 Metropolitan Council decides on general rural use area policies. FOR MORE INFORMATION For more detailed information and meeting schedules, please contact anyone of the following Council staff members: Carl Ohm, 291-6507 Bob Overby, 291-6381 Anne Hurlburt, 291-6501 Paul Baltzersen, 291-6321 Copies of Council publications, such as the Metropolitan Development and Investment Framework (MDIF) and the issue papers listed in the attachment, are available from the Metropolitan Council Data Center at 291-8140. H:\UBRAR Y\OOCUMEN'I\LNHOOL WPR o ATTACHMENT SUMMARY OF CONCLUSIONS REACHED TO DATE ON RURAL AREA ISSUES The Metropolitan Council's recent work on rural area issues has concentrated on preparing a series of issue papers focusing on a wide range of topics. These issue papers: Describe the Council's policies relative to the rural area, Address five key concerns that were the basis of the Council's original rural area policy and Identify problems concerning the interrelationship the rural area and the rest of the region, as well as possible conflicts in staff findings. The issue papers address the following: The legal basis for the Council's rural area policy The history of the Council's rural area policy Metropolitan Development and Investment Framework policies and metropolitan growth Sewer service Transportation Housing Parks Natural resources Solid waste Human services Grants to local governments The following is a summary of conclusions based on the issue papers. The issue papers are available from the Metropolitan Council Data Center by calling 291-8140. AUTHORfIY FOR DEVELOPING RURAL AREA DENSIlY POLICIES The Council has broad statutory authority to develop and implement policies for guiding the overall development of the Metropolitan Area. The rural area density policies adopted by the Council should be reasonably related to legitimate regional interests and must be supported by adequate study and analysis. The Council's rural area density policies should promote orderly and efficient urban development, but also recognize changing regional and local needs as development and growth occur in the Metropolitan Area. ORIGIN OF THE GENERAL RURAL USE AREA POLICY "- 'J Since the formation of the Metropolitan Planning Commission in 1957, regional government in the Twin Cities Metropolitan Area has been concerned with coordinating, planning and guiding growth in the region. The state legislation creating the Metropolitan Council in 1967 called for the Council to adopt a guide or framework to promote the orderly and economic development of the Metropolitan Area. The Council's policies for the rural area are part of that regional development framework and are contained in the Metropolitan Development and Investment Framework (MDIF), adopted by the Council in 1986. Five policy concerns are common in the various reports and studies that document the development of Council policy for the rural area. These concerns are as follows: 1. An urban service area policy must'be accompanied by a rural policy that restricts growth. The issue papers prepared by Council staff on sewers and transportation support this statement. There were no instances where these or any other issue papers were in disagreement. 2. Rural uses and agriculture are legitimate and permanent land uses. These uses should be supported and encouraged outside the urban service area. There was no disagreement in any of the staff issue papers with this statement. However, there were two related topics that need additional clarification. The question of what are or should be "appropriate rural uses" needs to be better defined by the Council. Council policy documents at times included lists of "acceptable rural uses," but there are voids in these lists that if filled in as either acceptable or unacceptable uses would make Council policy clearer. The second topic that should be addressed is that of "transitional" areas. Local units of government in the region want to see some areas converted from rural use to urban uses. These areas occur at the fringe of the large, regional urban area. As the supply of urban serviced land is used up, more land needs to be added. It is important that these areas be recognized by local units and the Council so the transition can take place in an efficient manner and cause the least disruption to those living in these areas. 3. Urban level development in the rural area results in demand for local services and sometimes for metropolitan urban services. Little or no information in the staff issue papers refuted this statement. Some material developed in connection with preparing the 1986 MDIF quantifies this conclusion. The number of services provided by rural-area local government increased in almost all cases as the population increased during the late 1970s and early 19805. The Council does not have any information to determine whether this development is paying for the increases in services or will pay the cost in the future. While a great deal of the Council's concern about local services has focused on physical systems (such as roads, which are provided by local government), many of the services required by additional population (such as schools, health care and social services) are not provided by the city or township. Yet it is the city or township that allows or promotes development that attracts additional population and jobs. I I I ',J Development in the rural area has required regional services. Urban sewers have been extended into the rural area to correct on-site sewage problems. Clearly, increased rural development uses regional highways. 4. Urban-level development in the rural area almost always has an impact on the "rural character" of a community and on the preservation of agricultural land and land uses. The staff issues papers on human services and parks address this topic. The conclusion reached in the human services paper was that new residents of the rural area would probably have different expectations of the level and type of services that should be available. This could conflict with the culture of the area. In the case of regional parks, however, no major conflict exists. A very limited amount of agricultural land has been taken for parks, and typically it did not involve productive farmland. In addition, parks preserve natural areas in the rural area. 5. Urban-level development in the rural area can have adverse impacts on the quality of the natural environment. With respect to this issue, Council policy addresses only water resources. There is very little evidence that new urban-level development has severely impacted water resources, but there is evidence that older development on small lots did and continues to cause problems for groundwater. RURAL GROWTH 1. Residential development in the rural area is one submarket of the regional housing market. It ebbs and flows with external factors that affect the total housing market. Council policies seem to have had some dampening effect on the number of units built in the rural area since the late 19705, but at the same time, these controls do not appear to have caused development to "move" to adjacent counties. 2. Based on the amount of developable land within the MDIFs year-2000 urban service area boundary, there appears to be sufficient land for the projected residential, commercial or industrial development in the seven counties over the next 10 years with minor additions to some of the fastest growing communities. IMPACf ON PROVIDING URBAN SEWER SERVICE Regional sewer-system planning has'assumed that five percent of development will occur in the rural area. Since 1985, the percentage of residential permits in the rural area has exceeded five percent and is now approaching eight percent (from a low of 4.3 percent in 1984 to 7.9 percent in 1988). If a high percentage of Metropolitan Area growth occurs in the rural service area--which is not subject to the sewer availability charge (SAC)--current users of the metropolitan sewer system will be required to pay a disproportionate share of the service cost for treatment facilities. '\ ) In addition, because of the large fIXed costs of the regional sewer system, the current users of the system will pay somewhat higher annual user fees than currently projected if more people than planned move to the rural s~rvice area. RELIABILIlY OF SEPTIC TANKS 1. Modem septic tanks are far superior to those installed in the past, yet the fate of all septic tanks is that they will fail some time in the future. When these systems will fail depends on how the systems were sited, designed, constructed, installed and maintained. These systems are very sensitive to a wide range of factors. A dripping faucet may cause a failure. A garbage disposal requires a 50 percent increase in the capacity of the system. To date, more than $18 million has been spent to solve water pollution problems created by cesspools and septic tanks in the rural area. The average cost to correct these failing systems has been $11,900 per household, with costs ranging from $4,300 to $24,300 per household. In the past, over 90 percent of these costs were provided by the federal and state government. These funds are no longer available. The homeowner and local unit of government are responsible for the cost of solving these problems. 2. Because septic tanks can readily fail because of problems with design, siting, installation and maintenance, it is critical that the township, city or county strictly oversee the issuing of permits and ongoing maintenance to ensure these systems will operate as designed. There appear to be a number of communities that are not carrying out all aspects of monitoring and inspection. 3. Current standards of the Minnesota Pollution Control Agency call for two drain fields on a lot where a septic tank system is required. 4. While important factors for rural area development, the reliability of septic systems, the impact of the failed systems and the appropriate lot size are not and should not be the focal point of the Council's rural area policy. HOUSING 1. While controlling the number of housing units in the rural area is important for many of our regional systems, unless care is taken, controlling the type of units could diminish diversity and have exclusionary effects. The importance of freestanding growth centers and rural centers as locations for a full range of housing types and cost levels needs to be considered as rural area policies are redrafted. 2. Some regional systems may experience adverse effects if residential units are clustered, even if these units do not exceed overall development-density guidelines. However, in some circumstances, such as institutional uses and manufactured housing, such clustering could allow communities flexibility in meeting the life-cycle needs of rural residents. (J HUMAN SERVICES IN THE RURAL AREA 1. People who've recently moved to the rural area will have different expectations for human services than long-time rural residents. They're more likely to expect more "formal services"--that is, services provided by government and other agencies, in contrast with "informal services" provided by neighbors, family and friends. The result can be potential conflicts over taxes, levels of public services and other issues. 2. Human services costs per person served will be higher in rural than in urban areas. In sparsely populated areas, economies of scale are harder to achieve and the ancillary cost of transportation is higher. 3. Over time, the need for human services in rural areas will grow disproportionately faster than historical rates because of 1) the aging of the in-migrants and 2) current trends in human services to distribute or reduce the concentration of people who are likely to use people with disabilities, people with housing subsidies and the elderly--both inside and outside the urban service area. 4. The trends of encouraging older people to remain independent in their own homes as long as possible and "mainstreaming" people with disabilities make all human service delivery dependent on adequate transportation services. Transit is the glue that holds the human service system together: if the services are available, people will need to travel to get to them. 5. The Council's health policies have been developed based on the idea that the distinction between an urban and a rural area is important. The availability of services, the types of services available and the response time of emergency service all reflect the concept that those living in the rural area have, in effect, "agreed" to a different level and quality of service than those who live in the urban area. The appropriateness of this concept needs to be considered as the Council develops its Human Investment Framework and in all human services the Council is involved with. TRANSIT IN THE RURAL AREA Increased development and the aging of population in the rural area will increase the rural transit needs. Under existing Council policies, a 40 percent increase in the number of transit-dependent people is projected for the rural area by 2010. As noted above, transportation is a very big part of providing human services, especially in the rural area. Increased transportation-service needs of rural area populations could force the expansion of a high-cost service similar to Metro Mobility into the rural area. At present, the rural service area is outside the metropolitan transit taxing district and pays one tenth the transit levy paid by communities within the taxing district. This area is not eligIble for regular route service or Metro Mobility. Should Metro Mobility or some other form of transit service be required in the rural area, it will have to be subsidized by urban area residents. This is due to the high cost of this service and the present levels of subsidy needed. '-) HIGHWAYS At present, many metropolitan highways in the rural area have unused capacity. Unanticipated rural development uses highway capacity that is needed to allow commerce to take place between the region and greater Minnesota, permit tourists to travel to and from the region, and provide mobility for existing and planned development in the rural area. Given the present level of funding and allocations of federal and state funds and Council priorities, improvements to these highways will either require increased revenue over the $70 million annual deficit projected by the Council, or will cause reduced spending in the urban area. LOCAL INCONSISTENCY WITII COUNCIL POUCIES No matter what policies the Council adopts, inconsistencies will remain between community plans and existing Council policies. Because of the diversity of present density standards and lot sizes in the rural area, it would be very difficult to establish a uniform Council density standard (other than the most liberal) that would ensure that the vast majority of communities will be consistent with it. The Council will need to be flexible in what can be grandfathered in and what has to be consistent with policy. H:\UBRAR Y\DOCUMl!Nl\UlHOOL WPR ~ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 40 F AN ORDINANCE REGULATING THE SPLITTING OF RESIDENTIAL LOTS PARCELS OR TRACTS OF LAND WITHIN THE CITY OF ANDOVER. (40A, 10-04-77) The City Council of the City of Andover hereby ordains: SECTION III. REVIEW AND RECOMMENDATIONS E. Adopted this l7thdayof April Council of the City of Andover. 1990, by the City ATTEST City of Andover ~,1 ;: f1:!t JaJ;Id;.~ [/ ~ JaZis E. E ling, MayO; ~-J ~k, Victoria Volk, City Clerk .) 1 '- ) ~) '-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 8 LLL THE ZONING ORDINANCE OF CITY OF ANDOVER, MINNESOTA, RELATING TO AND REGULATING THE LOCATION, SIZE, USE AND HEIGHTS OF BUILDINGS THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION IN THE CITY OF ANDOVER AND FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE IN SAID CITY, AND FOR SAID PURPOSE, TO DIVIDE THE CITY INTO DISTRICTS AND MAKE DIFFERENT REGULATIONS FOR DIFFERENT DISTRICTS. The City of Andover does ordain as follows: 5.03 Special (Conditional) Use Permits (D) Special Use Permit Sunset Clause 5.04 Variances and Appeals (G) Variance Sunset Clause been made in the first twelve the variance, t e variance w~ Adopted this l7thday of April City of Andov~ 1990, by the City Council of the CITY OF ANDOVER ATTEST: r. ( -.jL. [//// lb~-t'~ tJv-t:fi../ victoria Volk, City Clerk "I "-) '\ ,~ minnesota department of health -ro c .c__ ~ s;/9 i7 division of environmental health 925 s.e. delaware st. p.o box 59040 minneap.olis 55459-0040 (612) 627.5100 April 27, 1990 City Council/Owner: Re: Stricter Penalties For Community Water Supplies Failing To Submit .W'!.i;~r ,Samo 1 es . The purpose of this letter is to inform all community water supplies that the Department of Health is adopting a stricter policy concerning the failure to submit required bacteriological water 'samples. Minnesota Rules, part 4720.1200, requires community water supplies that serve up to 1,000 persons to submit a water sample for bacteriological analysis every quarter (3-month period). Failure to submit these samples places the water supply in violation of the State and Federal rules and subject to enforcement action by State and Federal authorities. Community water supplies that fail to submit the necessary samples will be required to provide public notification to inform their consumers that the required' sampling was not done., If a community water supply repeatedly fails to submit samples, the supply will be subject to enforcement action, which may include fines, by the Minnesota Department of Health and the United States Environmental Protection Agency. . The Department of Health provides sampling kits, sampling schedules, reminder cards, a~d reminder phone calls if water samples are not received on time. With this assistance, there should be no reason for not submitting samples on time. Sincerely yours, ~Z-J~tL ~ichard D. Clark, P.E., Supervisor Water Supply Unit , Section of Water Supply and Well Management RDC:bs cc: Water Operator an equal opportunity employer 'c~/ ~ / " \.J 0"\\ .1'\ CITY of ANDOVER Regular City Council Meeting - May 15, 1990 8:01 P.M. Call to Order ~) Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/90-6 2. Ordinance 62 Amendment, Cont. 3. Ed Fields Lot Split, Cont. 4. Special Use Permit/Jeff's Outdoor Furniture 5. Special Use Permit/Hokanson Development PUD 6. Ordinance 8 Amendments/Home Occupations 7. Gene Brown Park Dedication Fee 8. Approve Resolution/MWCC Refund Program staff, Committee, Commission 9. Capital Budget 10. Lot purchase/Northwest Steel Fabrictors 11. Recycling Agreement 12. Revised Recycling Budget 13. Close Equipment Funds/Authorize Addn. Terminal 14. Strootman Park Parking 15. Schedule Meeting: City Council & park Board 16. Approve $2,500,000 Bond Sale 17. Receive Quotes/AAA Bldg. Electric Service Non-Discussion Items 18. Accept Deed/Troy Olson 19. Water Surface Use Management 20. Request Speed study/133rd Avenue Approval of Claims Adjournment C) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE M:.y 1" r 1 qqn .J AGENDA SECTION ORIGINATING DEPARTMENT ~~7~ FOR NO. Approval of Minutes Administration ITEM V. Volk fl NO. ~: BY: ,.- The City Council is requested to approve the following minutes: May 1,1990 Regular Meeting COUNCIL ACTION MOTION BY SECOND BY TO o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering -?~ ITEM NO.1. Public Hearing/ BY: The city Council has scheduled a public hearing for 8:01 P.M. to consider the construction of sanitary sewer and watermain in Lot 1, Watts Garden Acres, Project 90-6. Attached are the following: * Public Hearing Notice * List of property owners that were notified. * Maps showing area to be served. * Resolution ordering improvements. PIN Name Front Footage 34-32-24-42-0001 William Batson 170 110 264 34-32-24-42-0006 Harold V. Haluptzok 34-32-24-42-0005 & 0004 William Batson Jim Schrantz has discussed these numbers from the feasibility report with Mr. Haluptzok. Mr. Haluptzok will not be able to attend the meeting. It is staff's understanding that Mr. Haluptzok will like to be assessed over a 5 to 8 year period. Note: The property owners have been notified that the hearing will begin at 8:01 P.M. COUNCIL ACTION MOTION BY . " oJ TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ') '--- RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 90-6 IN THE LOT 1, WATTS GARDEN ACRES AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. the 1st day of May hearI'i1'g'; and 052-90 of the City Council adopted on , 19~, fixed a date for a public WHEREAS, pursuant to the such hearing was held on the 19~; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and required published and mailed notice, 15th day of May NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 90-6 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilman the City Council at a Regular Meeting this and adopted by 15th day of May , 19 90 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk \ ) ,~;,-"".,."... o (771'"') ,\1'\.", :-~... .. .~... . ., .:~,).::-~::.;.:.:...:".,... ' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 90-6 LOT 1, WATT'S GARDEN ACRES NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on May 15, 1990 at 7:30 P.M. to consider the making of the following improvements: Sanitary Sewer and Watermain The property to be assessed, pursuant to Minnesota Statutes Section 429, for such improvements is within the following described area: Lot 1, Watt's Garden Acres, located in the NW 1/4 of SE 1/4 of Section 34, Township 32, Range 24, City of Andover, Anoka County, Minnesota. The estimated cost of such improvements is $46,800. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. CITY OF ANDOVER UI (!/71c.. Vo ,Clty C erk Dated: 5-:::1-90 -,) Q ~ " ,-J Project 90-6 34 32 24 42 0001 William Batson 1331 - 45th Avenue N.E. Minneapolis, MN 55421 34 32 24 42 0004 William Batson 1331 - 45th Avenue N.E. Minneapolis, MN 55421 34 32 24 42 0005 William Batson 1331 - 45th Avenue N.E. Minneapolis, MN 55421 34 32 24 42 0006 Harold V. Haluptzok 1950 Bunker Lake Boulevard N.W. Andover, MN 55304 ) OF ",J ~ iT , ' - , . ANDOVER @ CENTER SEC.34 fWIfKC'R LAKE-Sf::V-O:;: :5.e~-~"~'~.i . . ' I ~: " I 33 ~ , <} t- ot ~ " ~ ~ , , , , , , , I- . I 3j . ~ ,- ~ ~ . ---" I~J .J, f/;r) ~ hJ ~ /AAIJ, - ~<. .i.7ZA"('. , I I I I " , / , , , I I I I I I I I , I f11 / --....::r-~ ...._.~~.:.:.:..~ _..' " (N..rdJtd I (8) (/J.o.v .iV'.& .... - .. _ _...~..e;'''.., ..:.../1?,U..... ....-3~.... u,y (;) ~LlJ .....~....., -2%~i)-'" /"" ,a -=GOUN "P(="_-:-~ ~-- (3) (';d) ) titfJ,tiV ~.'4...AJAA/W ~."'4~ '" /,;? (Z) I,. . ;., (50). ~ " I(o~id;f. .Tol7nn .1,,'lber(C)~ ..... Qt (6CO) R_.ph ~\':.i= Ka..+hrYI/ ft: 'cd 1:>0+ z It} (e400) lid) 4 a.#4 94 / /. (3000) frarve.y L. 'it /'4orll'(n O. Ga."I'-" 5 (;) M pJ/'f!,J ,. ?z- / WA T'S ~ .. :t .. :.1 .. iii \ \. ~ lLJ lLJ a: ~ U) /I) I PANKl .. ~ ~ <J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 DATE ITEM Ordinance #62 NO. Amendment ;l, BY: .-(% Todd Haas, Asst. Engine Jay Blake, City Planner ,;,v f'v APPROVED FOR AGENDAt2:, , ByJi I AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT Planning REQUEST The Andover City Council has continued this item from the May 1, 1990 meeting. BACKGROUND The Council referred the item to staff in order to incorporate several changes into the amendment. Please refer to the minutes of the May 1, 1990 meeting for specific changes. Staff is asking that additional discussion be directed on "target shooting". Staff recommends that the section allowing t~rget shooting to occur on ten and 2.5 acres lots remain (for firearms and bow and arrows respectively). Also, staff believes that Section 2b prohibiting projectiles from crossing the property line would adequately protect the "health, safety and welfare of the community". A copy of the revised Ordinance Amendment was forwarded to Attorney Hawkins for his comments. COUNCIL ACTION MOTION BY _) TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , " ) ORDINANCE NO. 62 AN ORDINANCE AMENDING ORDINANCE #62 REGULATING THE DISCHARGE OF FIREARMS AND BOW & ARROWS WITHIN THE CITY OF ANDOVER AND REPEALING ORDINANCES 12, 12A, 12B AND 12C. The City Council of the City of Andover hereby ordains: SECTION I DEFINITIONS: The following definitions shall apply in the interpretation and enforcement of this ordinance. a) RIFLE - a shoulder weapon with a rifled bored barrel and discharging a single shot or pellet at a time. b) SHOTGUN - a shoulder weapon with a smooth bored barrel or barrels and normally discharging more than one pellet at a time, including when using a single slug. c) HANDGUN - a hand held weapon with a rifled barrel and discharging a single shot or pellet at a time. d) BOW & ARROWS - for the purpose of this ordinance to mean all long bows used for target and hunting purposes as regulated and defined by Minnesota Statutes, Chapter 97B. e) FIREARMS - for the purpose of this ordinance this shall mean shotguns and pellet weapons, whether C02 or pneumatic powered. SECTION II REGULATIONS: No person shall discharge at any time any firearm or bow and arrows upon or onto any lands within the City of Andover except as provided by this ordinance. a) No person shall discharge a firearm within 500 feet of any residence or a bow and arrow within 150 feet of any residence. b) No person shall discharge a firearm or bow and arrow in the City of Andover except for the following conditions: 1) Landowners may discharge firearms upon their property provided the property is 10 acres or more in size and the projectile eaRRe~ does not carry beyond the property line. , 1 ./ 2) not ~+1l Landowners may discharge a firearm upon for the purpose of slaughtering animals property is 5 acres or more in size and projectile-eaRRe~ does not carry beyond line. their property provided the the the property ,-J 3+!l No person shall discharge any firearm----------------- upon the property of another person in an allowed area of 10 acres or more in size without written permission of the owner or lessee. 5) 4+~ Recreational target shooting of firearms e~-Bew-aRa- a~~ewe in an allowed area of 10 acres or more in size shall be directed at a target with a backstop of sufficient strength and density to stop and control the projectile. 7) shootin an 8) c) No person shall discharge any firearm or bow and arrows within the City of Andover shown on the attached map as "Prohibited District"-e*eept:-at:-a1:l~he~i,Bea-~aR!ee. d) The provisions of this ordinance shall not apply to the discharge of firearms, rifles or handguns when done in the lawful defense of persons or property. No part of this ordinance is intended to abridge the constitutional right to keep and bear arms. SECTION III PROHIBITED DISTRICT: The attached map shall become a part of this ordinance. SECTION IV PENALTY: Any person who violates any prov~s~on of this ordinance shall be guilty of misdemeanor and upon conviction thereof, shall be punished according to prevailing state Laws. SECTION V ) VALIDITY: The validity of any section, clause or phrases of this ordinance shall not affect the validity of any other part. , '\ ,-j AOopteO oy tne Clty CounC1L ot tne City ot AnOover tnls of 1990. oay CITY OF ANDOVER James E. Elling, Mayor ATTEST: Victoria Volk, City Clerk \ ) :.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 AGENDA SECTION NO. Discussion Items, DATE ORIGINATING DEPARTMENT Planning , \3/ "Ili' r'?''- I I BY: Jay Blake, City planner ITEM Ed Fields Lot NO,g, Split, Continued APPROVED{FOR AGEN~ \: BV, /V(~ / REQUEST At the May 1, 1990 meeting, the City Council tabled this request to allow Mr. Fields an opportunity to appear before the Council. Enclosed is the packet of information from the previous meeting. COUNCIL ACTION MOTION BY J TO SECOND BY CITY OF ANDOVER o REQUEST FOR COUNCIL ACTION May 1, 1990 ITEM NO. 2. Ed Fields Lot Split DATE ORIGINATING DEPARTMENT Planning d'Arcy Bosell Jay Blake AGENDA SECTION NO. Discussion Items APPROVED FOR AGENDA BY: BY: In Re: 158-- NW Uplander Street Edward Fields & Sons, Inc. Lot Split Request REQUEST The request before you is for a 2.5 acre lot split (including road easement) from a 28.61 acre parcel. The property is zoned R-1 and is also in the Agricultural Preserve Overlay District which restricts development to a density of not less than 1:40. The request before you meets the criteria of Ordinance 57 as it pertains to the Agricultural Preserve Ordinance. BACKGROUND Pursuant to Ordinance No. 40, Sec. 1, "a residential lot split is any division of a lot, parcel, or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district." Subd. A further provides that "No residential lot ... shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located." Ordinance 40 directs your attention to platted lots and the criteria for platting is set out in Ordinance No. 10. The district requirements are set out in Ordinance No.8. All three Ordinances must be considered in relation to this request. Ordinance No. 10, the Subdivision Ordinance, at Section 9.02(c) provides that "no preliminary plat shall be approved wherein lots continued COUNCIL ACTION MOTION BY " TO SECOND BY '-../ ~ Page Two May 1, 1990 Ed Fields Lot Split front on the right-of-way of State, County, or City Arterial or Collector roads...." At Section 16.02 is also provided that "no permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting a public street right-of-way which has been accepted and is currently maintained by the City, or which has otherwise been approved by the City Council...." Ordinance No.8, the Zoning Ordinance, at Section 6.02 provides that the Lot Area Per Dwelling Unit (square feet) in an R-1 District is 2.5 acres and that the Lot width at Front Setback Line (feet) shall be 300'. The request as it is presented does not meet the criteria set out above in the following respects: 1. The lot area is 2.24 acres when the 33' road easement is subtracted from the total area of the lot (Ord. No.8, Sec. 6.02 requires 2.5 acres). 2. The lot proposed does not meet the frontage requirements of 300' for a platted lot (Ord. No.8, Sec. 6.02 and Ord. No. 10, Sec. 16.02). To complicate this matter further, the City just completed a street improvement project in late 1988 and as a part of that project was the construction of a bituminous cul-de-sac at the south end of uplander Street. This cul-de-sac provides access to this proposed lot and the lot to the west by the inclusion of the area of the cul-de-sac (approximately 50' on each lot). At the time the western-most lot was created, there was a 33' road easement along the eastern side of this lot to the south for road purposes. This parcel was originally a 5 acre parcel and prior to 1982 was divided into two (2) 2.5 acre parcels, each of which has this 33' road easement along the east side. When you subtract therefrom the 33' of road easement, neither lot meets the 2-1/2 acre requirement. \ ~ Our records indicate that the southern-most property was anticipated to be a building site, however, those plans have changed and the property has been given back to the corporation, however, a check with the ,County shows that it is still a free- standing parcel of land. At the time of the street improvement project, the issue of assessment was discussed and it was determined that even though the property was in the Agricultural Preserve Overlay District, it would still be assessed for road purposes. This is the reason for the request for the lot split is to allow for the creation of a lot for building purposes and to recoup the assessment against said lot. At the present time, however, this lot is part of a 28.61 acre parcel. continued . \ .J Page Three May 1, 1990 Ed Fields Lot Split OPTIONS A. That a metes and bounds lot split be requested which requires 5 acres in area and 300' of width. Because this proposed lot abuts uplander Street, it would have access for building purposes and would require no further action by the City except to review the deed and certify that it is compliant prior to recording. B. To allow for the lot split to be completed with the following conditions: 1. That the dimensions and legal description of the parcel be redone so that the area requirement of 2.5 acres is met. 2. That the road be constructed to the southern edge of this proposed lot to meet the 300'frontage requirement. The issue of some sort of cul-de-sac or temporary turn-around would also have to be discussed and resolved. C. To consider granting a variance for this proposed lot split request as it relates to area and frontage. The variance would be pursuant to Ordinance No. 40, Section 4; Ordinance No.8, Section 5.04, and Ordinance No. 10, Section 17.01. The recommendation for a variance would also have to include the specific provisions outlined above from which the variance is granted. D. Deny the lot split requested because it does not meet the criteria of several ordinances as set out above. The lot split request is also subject to Park Dedication fees. PLANNING COMMISSION RECOMMENDATIONS ,J At their April 10, 1990 meeting the Planning ad Zoning Commission reviewed the request and made the following motion: MOTION (Ferris/Peek) ... recommend approval of the lot split for 158-- NW Uplander Street legally described as: "That part of the West half of the Southwest quarter of the Southwest quarter of Section 15, Township 32 North, Range 24 West, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of the W1/2-SW1/4-SW1/4, Section 15; thence westerly, along the north line of the W1/2-SW1/4-SW1/4, a distance of 322.99 feet; thence southerly, parallel with the west line of the SW1/4-SW1/4, a distance of 337.57 feet; thence easterly, parallel with the north line of the W1/2-SW1/4-SW1/4, a distance of 322.37 feet to the east line of the W1/2-SW1/4-SW1/4; thence northerly, along said east line, a distance of 337.55 feet to the point of beginning. continued ~) Page Three May 1, 1990 Ed Fields Lot Split Subject to a roadway easement over the westerly 33 feet. Including a roadway easement over and across a 33-foot strip of land the easterly line is described as follows: Commencing at the northeast corner of the Wl/2-SW1/4-SW1/4, Section 15; thence westerly, along the north line of the Wl/2-SW1/4-SW1/4, a distance of 322.99 feet to the point of beginning; thence southerly, parallel with the west line of the SW1/4-SW1/4, a distance of 339.75 feet and there terminating. motion continued... and granting a variance for road frontage less than 300' and allow access to said lot from the existing frontage on the cul-de-sac on Uplander Street. The Commission has reviewed this request pursuant to Ordinance No. 57, 40, 10, Section 16.02, and 8, Section 6.02. The lot split would be subject to Park Dedication fees as set out in Ordinance No. 10, Section 9.07. Further, completion of the request and required action shall be within one (1) year. Motion fails O-Yes; 6-No. Wayne Visted wanted the record to reflect his reasons for voting against the motion - Pursuant to Ordinance No.8, Section 5.04 and Ordinance No. 10, Section 16.02, a hardship was not shown. There is more than adequate land adjacent to this parcel to provide the needed acreage; it would be landlocking an existing 2.5 acre parcel to the south; it would be contrary to the Ordinance requirement for 300' of frontage, pursuant to Ordinance No.8, Section 6.02 and Ordinance No. 10, Section 16.02; and it would be very unfair to other residents who may apply for lot splits if the Commission must abide by all requests and meet the requirements of the Ordinance. A hardship cannot be granted strictly upon financial consideration. Ron Ferris noted in regard to the variance that without the 300' frontage, it will totally landlock parcel (4) which is poor planning for a parcel that has only one access point; there is no reason to landlock this parcel and prohibit future development. The metes and bounds process is available to the property owner but he does not wish to consider another type of lot division. Becky Pease agreed and noted again there was no hardship and there are other alternatives. Bev Jovanovich agrees with the reasons set forth above. J - ,0~ ~) CITY of ANDOVER Lot Split # 1685 CROSSTOWN BLVD, N.W. ANDOVER, MINNESOTA 55304 , ' \ ''-J LOT SPLIT REQUEST FORM property Address Reason for Request . ent Zoning ~/;;!;-~ ********************************************************~************* ::::e:: Applie,nt fd~~~d ~ /~~- --- --~- ' H~me PhO~$ ~u,inm phoo< -7 N --<9 y:!? Slgnatur __ ~~ Date /u;,/d)f/ff:9 ********************************************************************** ~ property Owner (Fee Owner) (If different from above) Address Home Phone Business phone Signature Date ****~***************************************************************** Attach a scaled drawing of the proposed split of the property showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent street names; location and use of existing structures within 100 feet. The date the 'property became a lot of record, the names and addresses of all property owners within 350 feet of the property proposed to be split, and the complete legal description of the subject property must also be provided. I hereby certify that this property has not been subdivided within the last three years. ~J'0 Filing Fee: $50.00 $10.00 Date paid tf!2.) 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' .... . 1 ! . , T" i i 1 .-...-. , .- , , ' . ro, " . .' ~ ".1::,'';':: ':,'. . . . "... .', ...:, "':":"l'~;"" ~ 1419 Tower Avenue' Superior, Wisconsin 54880 . 715/392.2112 . FAX 715/392.2859:,~:':':'};<':''''f::','' . . "..: . ~ ;..::~:~~~;7:t~:~~~~~;~:._.: . , , ..-. .., " November .- ..~. .-; :.', '. "'.,.... . . ." . " ..... . Fields & Sons,'I~c., DESCRIPTION OF: .~ 2.5 Acre Parcel located in Section : MIl .. , ' DESCRIPTION That part of the West half of the southwest quarter Southwest quarter of section 15, Township 32 North, Range 24 West, Anoka County, Minnesota, described as follows: LHB ENGINEERS & ARCHITECTS <rS:~J':f;;;" ' .- ,..: ". .'. ,-.,'1,'" ....-."':,:.....~.. '0:-,:':::;.:;"::-' .... ~.~..,,.,,; .;-';:-'-: :' .-..... ", ...~'~:.,>:~..-:-?::.. Beginning at the northeast corner of the ~1/2-SW1/4-SWl/4, .', Section 15; thence westerly, along the north line of the W1/2~ SW1/4-SWl/4, a distance of 322.99 feet; thence southerly, parallel with the west line of the SWl/4-SW1/4, a distance of 337.57 feet; thence easterly, p'arallel with the north line of the W1/2-SWl/4-SWl/4, a.distance of 322.37 feet to the east line of the W1/2-SH1/4-SW1/4; thence northerly, along said east line "a distance of 337.55 feet to the point of beginning. Subject to a ~6adwayeasement bver the westeily33 feet. ...... ....-. . : - '. -: -::; . :~., ::.; . , .' . . ...' ....,,;. ;:'1". . Inc! uding a roadway easement over and across. a 33-foot',:strip::'clf'Hi:,,: land the easterl~ l~ne is descri.bed. asf0110ws:,.'..,.'.;:';:,/;i;,::>.::~,;~::t~0~e;:~~t:X' corrnnencing at the :northeast corner of the :H1/2....:.SW1/4-'SWl/4,:.,<<f;:,~i~\<:' , Section '15;' thence westerlYi along the 'north.line of'the~n/::i~,:::':;:~:;'.': SWl/ 4-SWl/ 4, . a distance' of, 322: 9 9 feet' to the:point':of'begi~ni;g;,t)~:... thence 'souther! y, ,parall elwi th the' westl ine " of. the' SWl! 4~SH1I.4-;-,:';>~:.', a distance of 339;75 feet and there .terminating; ......:: '::'"...a:i::,~;;:,'i~:-,~..::." Subject to and together with any other valid easements, <.,>:::i~::~::';~it~;:~:{. restrictions and reservations'. '''-.::-.'''-:. "0- .".._ -... ...' ~ .... '. ' ) 0.1. NOli, Z I, /080 , /07Z!7 Superior, Wisconsin' Duluth, Minnesota' Edina, Minnesota c~. ~ . ~. . .~ ~" l~ jo, ;:", ': 'i I ' ::i .J- t.. 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(40) 1 I I (21) 'L (27) { (28) U I I (36) I I (39) , \1 I I < , I I ~royosed I I (2) (3 ) (I I I , (I) lo-!- I I' I (5) I I' SCALE: r= 200' , I I, ~ aon..troc !1'-Q'~.").rc::I'IlI..cI' UPLANDER STREET Ro..n . 1\Ii And..r Ilk do IMPROVEMENT A..-oclat.. Jt.,.....,....,~~ ( 6 / 21 / 88 ( Fig. J 88 - 14 Dale: No. I Comm. 17134 rn CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304' (612) 755-5100 CITY OF"ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the city of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, December 12, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Lot Split application of Edward Fields and Sons Inc. on the following described property: That part of the west 1/2 of the Southwest l.4 of the Southwest 1/4 of Section l5, Township 32, Range 24, Anoka County, Minnesota, beginning at the northeast corner of the W l/2 of the SW l/4 of the SW 1/4, thence westerly along the north line of said SW l/4 of the SW 1/4, a distance 322.99 feet; thence southerly, parallel with the west line of said SW l/4 of the SW l/4, a distance of 337.57 feet; thence easterly, parallel with the north line of said SW 1/4 of the SW l.4, a distance of 322.37 feet to the east line of the W 1/2 of the SW l/4 of the SW 1/4; thence northerly,along said east line, a distance of 337.55 feet to the point of beginning. Subject to roadway easements over the westerly 33 feet. (Approximate Property Address: l58XX NW Uplander Street) written and verbal comments will be received at that time and location. &~w vlctoria Yolk, City Clerk , " .J ~t?-.7'~- -~-",_. :!f r~- ",~l'A; ,'~ --:;j;' '~~~~ CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING MINUTES DECEMBER 12, 1989 The regularly scheduled meeting of the Andover Planning and zoning commission was called to order at 7:30 P.M. by Chairman Rebecca Pease on Tuesday, December 12, 1989 at the Andover City Hall Offices, 1685 Crosstown Blvd., Andover, MN. Commissioners Present: Chairman Pease, Ron Ferris, Bev Jovanovich, Randall Peek, Gretchen Sabel, Don Spotts, Wayne Vistad Others Present: Jay Blake, d'Arcy Bosell Approval of Minutes The Andover Planning and zoning commission was requested to review minutes of their November 28, 1989 meeting. MOTION made by Bev Jovanovich to approve minutes. Second to motion by Gretchen Sabel. All Commissioners but Ron Ferris voted in favor of motion. Mr. Ferris was not present at 11/28/89 meeting: therefore he abstained from vote. Lot split Public Hearing, Edward Fields & Sons, Inc. Request for lot split was presented by d'Arcy Bosell. Request is to split off from a 28.6l acre parcel a parcel which is 2.5 acres '- in size (including a road easement.) Property is zoned R-l and is in the Agricultural Preserve Overlay District which restricts development to a density of not less than 1:40. Ordinances 40, 10 and 8 relate to this request. The reason for the request for the lot split is to allow for creation of a lot for building purpose and to recoup the assessment for street improvement against said lot. Lot split request is subject to Park Dedication fee. Detailed information regarding request is outlined in 12/12/89 Request for Planning Commission Action memo.. commissioner Ferris questioned why easement is not taken down to southern end of lot. Bosell replied it is unlikely lot could be used for residential. Two variances would be necessary if request is granted as proposed. Lot area does not meet criteria of Ordinance 8. Section 6.02. Frontage requirements of Ordinance 8, Section 6.02 and Ordinance 10, Section 16.02 are not met. ) cont'd.... Andover Planning and zoning Commission December 12, 1989 Meeting ~linutes Page Two ~J If request is approved as requested, Bosell recommended city yacate edges of existing cuI de sac. Bosell outlined five options for the Planning and Zoning Commission to consider: 1) A metes and bounds lot split b~ requested which requires five acres in area and 300 feet of width 2) Allow for lot split to be completed with these conditions: Dimensions and legal description of parcel be redone so that 2.5 acre area requirement is met Road be constructed to southern edge of proposed lot to meet 300 foot frontage requirement. A cuI de sac or temporary turn- around would need to be resolved. 3) Consider granting a variance including specific provisions from which the variance is granted 4) Table this matter 5) Deny lot split request Proposed lot split is adjacent to an area to the north that is zoned R-3 and restricted to lots being buildable on every other lot. Mr. Fields preference, as stated to Bosell on 12/12/89, is to construct private street and have two and one half acre lot. A metes and bounds lot split is not acceptable to Mr. Fields. Assessments to Mr. Fields for improvements on Uplander were $2700.00. Ms. Bosell stated it is preferred to cluster density in an Agricultural Preserve as long as in compliance with 1:40. Mr. Ferris asked Blake if he recommends against running easement to southern edge of lot line. Mr. Blake recommends easement extend at least 300 feet down, but final distance should be determined by Mr. Field's plan, if parcels to south are buildable. It was determined that natural gas easement. easement. when calculating acreage, area is not taken out for Restrictions prohibit placing permanent structures on Ferris questioned if proposal is for easement or actual road construction to extend 300 feet down southern edge of lot. Bosell stated actual construction of road is proposed. Blake noted an option would be to split off two and one-half acres and allow access from cuI de sac. This option would require a variance. . ) cont'd... Planning and Zoning commission December 12, 1989 l1eeting Minutes Page Three vis tad stated a variance is allowed for a hardship. In this case there is no hardship because there is ample land. \.' '1 ,---,' Ferris asked if (in regard to lot being split out) potential for expansion to east is as feasible as expansion to south. Bosell replied expansion to east would be feasible. Bosell stated land can be under separate ownership to meet 1:40 requirement. The eight year covenant is an agreement between city and landowner that for a minimum of eight years there will be no development. The eight year clock begins with landowner request for decertification. Chairman Pease opened the Public Hearing at 8:00 P.M. Terry Boe, 15924 Uplander inquired if cost of cuI de sac will be assessed to landowners. Bosell replied cost will be borne privately. Boe asked if street will be a through street. Ferris re;lied there are not immediate plans for a through street. He believes city should take easement for possible future construction of road. Boe stated his opposition to developing road to become a through street. Mr. Fields stated it is not right to assess a landowner for improvements that are of no benefit to said landowner. Assessment to Mr. Fields for road improvement was costly. Mr. Fields wants to create a lot for his granddaughter. Mr. Fields is very opposed to a cuI de sac opening to his farm land. Commissioner Vis tad stated two options that comply with Ordinance: 1) Create street for two and one-half acre lot 2) Metes and bounds lot split (five acres) Blake explained that due to change in interpretation of Ordinance, the two and one-half acre lot is a legally existing, non-conforming parcel. Mr. Ferris asked Mr. Fields what option he prefers. Fields would prefer a two and one-half acre lot, private street, with no cuI de sac opening to farm land. Bosell noted a private street is not allowed. Fields stated a city street is not acceptable to him nor is metes and bounds lot split. con t ' d. . . \ ) Andover Planning and zoning Commission December 12, 1989 Meeting Minutes Page Four ~~J Mr. Blake explained that the fire department makes recommendations on cuI de sac length based on urban streets. City ordinance does not distinguish between urban and rural streets. Commissioner Ferris noted that situation is a Catch 22 in that if extended a variance has been granted, w~thout a variance request. is not extended, variance has likewise been granted. cuI de sac is If cuI de sac Blake explained that in past, hardship justifying variance of cuI de sac has been that non conforming cuI de sac prior to existing Ordinance is brought up to Ordinance. Sabel suggested a five acres metes and bounds lot split extending over to Swallow Street be divided into two, two and one-half acre parcels. Parcel on east would be along Swallow Street which is an existing road with 300 feet right of way. Blake replied that parcel to west would not have adequate frontage and would still require a variance. Vistad believes that in fairness to other residents who may apply for lot split, commission must abide by Ordinance in all cases and not grant variance when hardship cannot be defined according to Ordinance. Ferris noted that this request brings to light the problem that Ordinances do not play together in every case. Blake acknowledged problem and explained that efforts by city are being,made to improve and clarify Ordinances. Ferris doesn't believe it is sensible to extend street at this time because it will force emergency vehicles further down cuI de sac. Ferris stated Planning and zoning recommendation will have to include variance, because street limit has already been exceeded. Bosell said the real concern is not the length of the cuI de sac but the accessibility. Pease suggested Planning and Zoning Commission make recommendation based strictly on interpretation or Ordinance; while providing detailed narrative of discussion in minutes for City Council perusal. vis tad asked Fields which of the options discussed for a Planning and zoning recommendation he prefers. Mr. Fields stated he does not want a public street running into his farm. Mr. Ferris suggested the possibility that lot split be done taking two and one- half acres to east of Swallow. Variance would not be necessary and road is already there. Mr. Fields will consider this possibility. con t ' d. . . '1 .J Andover Planning and Zoning commission December 12, 1989 Heeting Minutes Page Five Ferris reminded Mr. Fields to bear in mind the restrictions caused by gas easement. '~~J vis tad also stated that parcel will be subject to assessments if/when Swallow upgraded. MOTION made by commissioner Ferris to co~tinue Public Hearing and table agenda item until 1/09/90 or until such time Mr. Fields requests discussion be continued. Item to be tabled to allow Mr. Fields time to consider two and one-half acre parcel to the east of requested parcel as an alternative site. Second to motion by Wayne Vistad. All commissioners favor motion; MOTION passed. Meeting recessed from 8:55 - 9:00 P.M. Public Hearing Commercial vehicles R-l Districts Ordinance 8 Amendment The Planning and Zoning Commission was asked to discuss Ordinance 8 amendment regulating the storage of commercial vehicles in residential districts. A Public Hearing was scheduled and published for this meeting. Request was presented by Mr. Jay Blake. At previous meetings, ordinances from neighboring communities were reviewed. Section 3 Definitions are taken from state statutes. Current Ordinance allows three different gross weights for commercial vehicles in three different sections. Proposed amendment uses gross weight of 12,000 pounds throughout Ordinance. Proposal allows for storage of one semi tractor on three or more acres. Acreage limitation was chosen to coincide with pole barn requirements. Restrictions include the parking of semi trailers nor shall it include the operation of a truch transfer station. A change in parking requirement for RV's is included in amendment. Side yard parking will be allowed as long as vehicle is 10 feet from property line. Improvements in wording of Ordinance are part of amendment. Bev Jovanovich questioned Section 8.01. A problem could occur if RV is owner's only mode of transportation. Blake replied that an RV could be excluded if the only mode of transportation. Ferris noted amended Section 8.01 does not include a length limitation. He feels a limitation to zoning should be included. Vistad asked if there have been complaints against RV's parked in residential areas. cont'd... , '\ ,~ .LJ PLANNING & ZONING COMMISSION MINUTES--April 10, 1990 Page -5- After discussion of the motion, Ferris moved to modify and Peek considered the following modification to the motion: Under Section II, (bl 3 and 4 replace the word "allowed" area to "restricted". The second was held, and the vote stayed at Ferris, Jovanovich, Peek, spotts andP~ase-~yes;.Vistad~~Do. The Commission discussed the signs posted regarding hunting within the City, particularly the ones worded "No hunting south of here". MOTION by Peek and seconded by Spotts, that the Planning and Zoning Commission of Andover recommend to the City Council to be reviewed at the same time that the Council reviews the proposed changes to Ordinance No. 62, a recommendation from the Planning and Zoning Commission that we remove the signs about the City that say "No hunting south of here" and that we look at placing at the entrance to Anodver signs which would say words to the effect of "Discharge of firearms and bows and arrows are restricted in the City of Andover". Discussion of the motion included Peek suggesting that staff do a study of the total sign package for the City. Blake stated there are approximately 6 signs now at the entrance signs of the City and expressed concern that people could read that many signs. Blake will have the staff draft some potential language. Motion carried unanimously. ED FIELDS & SONS LOT SPLIT REQUEST, contd. 158XX Uplander STREET N.W. Bosell reviewed with the Commission this request which was first considered at the December 12, 1989 meeting and continued until this date. The request is to split off from a 28.61 acre parcel a parcle lwhich is 2.5 acres in size, including the road easement. The property is in the Agricultural Preserve overlay District which restricts development to a density of not less than 1 for 40. The request meets the criteria of Ordinance 57 as it pertains to the Agricultural Preserve Ordinance, but Ordinances 8, 10 and 40 must also be considered. '- ) PLANNING & ZONING COMMISSION MINUTES--April 10, 1990 Page -6- ~, ) Bosell states that the request as it is presented does not meet the criteria as set out in that the lot area is 2.24 acres when the easement is subtracted out, and Ordinance No.8 requires 2.5 acres. Also, the proposed lot does not of 300 feet for a platted lot, No. 8 and No. 10. meet the frontage requirements as set out in Ordinances In addition, this lot split would land-lock one of the lots for the time being. Bosell and Blake met with Fields and explored some of the options available, including a metes and bounds lot split or completing the lot split with the stipulations that the parcel be redone so that the area requirement of 2.5 acres is met and the road be constructed to the southern edge of the proposed lot to meet the 300 foot frontage requirement. Fields has indicated his willingness to escrow for the construction of the road, but that it be built at a later date. He has requested that the Planning and zoning Commission consider ,the1_e_c:tu,<3st as or ig inally presen ted. MOTION by Ferris and seconded by Peek that the Planning and zoning Commission of Andover recommend to the City Council approval of a lot split for 158XX Uplander St. N.W. in granting one variance of the frontage of 300 feet and allowing entrance to come in off of the existing cul-de-sac on Uplander. In looking at this request the Planning and Zoning Commission has looked at Ordinance 57 on Agricultural Preserve, Ordinance 40 on lot split, Ordinance 10 on platted lots, Section 16.02, and Ordinance 8, Section 6.02, on the size requirement. The lot split would be subject to park dedication fees as set forth in Ordinance 10. Also, a sunset clause that there must be reasonable progress on this lot split within 12 months. After discussion, the vote was zero--yes; six--no, with reason by vistad, Ferris and Pease. \. '1 / vistad stated that according to Ordinance 8, Section 5.04 a hardship was not shown. There was more than adequate land to provide the needed acreage. To grant the variance would be to extend the cul-de-sac beyond recommended footage and extending that problem and would be land-locking the other 2.5 acre parcel to the south of it. It would be in violation of the required 300 feet frontage for lots. It would be very unfair to other residents who may have applied for lot splits if the Commission does not abide by ordinances in all cases if hardships cannot be defined. ~) PLANNING & ZONING COMMISSION MINUTES--April 10, 1990 Page -7- Ferris stated the variance in the motion was the elimination of the 300 foot frontage. I am opposed to that for a number of reasons: 11 without the 300 fDot frontage or easement set aside for that frontage it will totally land-lock the parcel shown on the map as No.4. That would be poor planning and a mistake on the City's part to further land-lock a parcel of land that only has one remaining access point. 2) there is no hardship. 31 a metes and bound split is possible with five acres without any hindrance. The owner does not wish to do that, and furthermore, the owner does not wish to entertain any lot split whatsoever that would cause proper frontage. Peek stated he had nothing additional to say, other than he agreed with the reasons given. Also, he stated that the motion did not include extension of the cul-de-sac and was not a reason for denial. Pease stated her reasons agreed with everyone else in that a hardship was not demonstrated because there were other alternatives available and the land-locked lot. ORDINANCE NO.8, PARKING/CURBING REQUIREMENTS The next item discussed by the Commission was curb requirements in non-residential areas. Staff did a survey with the cities of Coon Rapids and Blaine_and presented the Commission with another draft of a proposed ordinance. Haas reviewed this draft with the Commission and stated that the City needs some specific language as far as materials used for curbing. Blake and Haas will prepare a new draft of this proposed ordinance to include specific set of standards on curbing and verbage on parking lot islands for traffic control. This will be ready for the Planning and Zoning Commission to review at April 24th meeting. ORDINANCE NO.8, HOME OCCUPATIONS Blake reviewed a redraft of the proposed ordinance with the Commission. It was decided to reword the verbage in Section D, entitled "Vested Rights". Also, under number 8 (c) it will be reworded that the home occupation portion of an outside storage area shall not exceed 800 square feet. , ~ i ~/ This ordinance will be redrafted with these changes and scheduled for a Public Hearing at the April 24, 1990 meeting of the Planning and Zoning Commission. ~~-) '1 ~ / CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION DENYING THE LOT SPLIT REQUEST OF ED FIELDS AND SONS INCORPORATED FOR A 2.5 ACRE PARCEL IN SECTION 15, TOWNSHIP 32, RANGE 24, ANORA COUNTY, MINNESOTA WHEREAS, the City has received a request for a lot split per Andover City Ordinance 40 for a 2.5 acre parcel in Section 15 of the City of Andover; and WHEREAS, the Andover Planning and zoning Commission has reviewed request at their December 12, 1989 and April 10, 1990 and recommended denial of the request; and WHEREAS, the Andover City Council finds that the lot split does not meet the minimum requirements for lot size and lot frontage on an improved street and variances for lot size and frontage would be necessary in order to approve the request;-and WHEREAS, the Council finds that no hardship exists on the property due to the unique shape and/or topography of the parcel and that several alternative lot configurations exist; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, denies the request of Edward Fields and Sons, Inc. for a 2.5 acre lot split on the property described on the attached sheet. Adopted by the City Council of the City of Andover on this 1st day of May, 1990. CITY OF ANDOVER James E. Elling, Mayor ATTEST victoria Volk, City Clerk LEGAL DESCRIPTION FOR ED FIELDS LOT SPLIT ~~ ,~) "That part of the West half of the Southwest quarter of the Southwest quarter of Section 15, Township 32 North, Range 24 West, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of the W1/2-SW1/4-'SW1/4, Section 15; thence westerly, along the north line of the Wl/2-SW1/4-SWl/4, a distance of 322.99 feet; thence southerly, parallel with the west line of the SWl/4-SW1/4, a distance of 337.57 feet; thence easterly, parallel with the north line of the W1/2-SW1/4-SW1/4, a distance of 322.37 feet to the east line of the Wl/2-SWl/4-SW1/4; thence northerly, along said east line, a distance of 337.55 feet to the point of beginning. Subject to a roadway easement over the westerly 33 feet. inc~u~hing a roadway.eas~ment over and across a 33-foot strip of an e easterly Ilne lS described as foil' . 'northeast corner of the W1/2-SWl/4-SWl/4 s~~~ionc~~~e~~lng at the westerly, along the north line of the W1/2-SW1/4-SW1/4 :n~~ t of 322.99 ~eet to the point of beginning; thence south~rl lS ance parallel wlth the west lin~ of the SW1/4-sw1/4, a distanc~'of 339.75 feet and there termlnating. \ ,J o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 DATE ITEM SUP - 13650 Hanson NO. L/. Boulevard ORIGINATING DEPARTMENT Planning ~ ({flY Jay Blak~ Planner BY: ~~~~:~OR BY=! [ ./ AGENDA SECTION NQ Discussion Items REQUEST The City Council is asked to review the Special Use Permit application of Jeff's Outdoor furniture and Custom Woodworking for a SUP to allow retail sales in and Industrial District and outdoor display, storage and sales, per Ordinance 8, Section 7.03. APPLICABLE ORDINANCES Ordinance 8, Section 5.03 (Special Use Permits) defines criteria for granting a Special Use Permit and Section 7.03 allows such uses in an "I" District By SUP. GENERAL REVIEW The request for Special Use Permit is for the business located at 13650 Hanson Boulevard NW, formerly Lou's Tire Town and Andover Tire Town. The business builds and retails custom outdoor furniture and also contracts for residential woodworking (ie. doors, frames etc.) The owners are leasing two garages, the retail area and former attached dwelling. The rest of the building is currently not leased. The City has been attempting to get the property cleaned for the past four years. The waste tires had been removed from the site during last year's shredding operation at Tonson. A collection of waste tire has accumulated from the previous renters. Also, the fence has been declared a nuisance by the planning department. COUNCIL ACTION MOTION BY '1 '_~ TO SECOND BY Page 2 13650 Hanson Boulevard May 15, 1990 ~J The city had an agreement with the owners of the property to have the tires, scrap metal and debris removed from the site by April 30, 1990. To date, no progress has been made with the clean up of the property. I have forwarded the item to the City Attorney for prosecution. The City has the authority to review special use permit applications based on the proposed effect on the health, safety, morals and general welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, and the effect on property values and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 1) The Health, Safety, Morals and General Welfare of the Occupants of the Surrounding Lands. The presence of a retail operation on this site will not have a significant detrimental effect on the health, safety, morals and general welfare of the community. The outdoor display shall be limited to the items constructed and sold on the property and should be limited to an area at least 10 feet from the property line. The proposal should not have a significant detrimental effect on the community. 2) Traffic and Parking Conditions The applicant should not be generating a significant number of large vehicles or create traffic congestion. No additional access point on the County Road system will be created. The Display area should be limited to the area indicated on the attached map and should not create any significant problems with traffic or parking. 3) Property Values and Scenic Views The proposal will not have a significant detrimental effect on property values and scenic views. 4) Effect on the City Comprehensive Plan The use is allowed by the zoning ordinance and fortunately, is not associated with tires or automotive recycling. PLANNING AND ZONING COMMISSION OPTIONS: 0) 1. The Andover Planning and Zoning Commission may recommend approval of the Special Use Permit request of Jeff's Outdoor Furniture and Custom Woodworking to allow retail sales in an "I" District and also allow the display of merchandise on the following described property: Page 3 13650 Hanson Boulevard ~~ May 15, 1990 Lot 4, Block 1, pankonin Addition, Anoka County, Minnesota The City may wish to impose conditions for the operation including, but not limited to the following: A. Retail Sales shall be limited to items associated with and/or constructed on the site. B. Outdoor display shall be conducted at least twenty (20) feet from the property line. C. The Special Use Permit shall be subject to an annual review. D. The Special Use Permit shall be declared null and void if significant progress is not made within one year of approval of the Permit. The Commission finds that the proposal will not have a significant detrimental effect on the health, safety, morals or general welfare of the neighborhood, nor will the proposal negatively impact traffic or parking conditions, property values or scenic views. Finally, the proposal will not negatively impact the Comprehensive Plan of the City of Andover. 2. The Andover Planning and Zoning Commission may recommend denial of the Special Use Permit request Jeff's Outdoor Furniture and Custom Woodworking to allow retail sales in an "I" District and also allow the display of merchandise on site during business hours on the following described property: Lot 4, Block 1, pankonin Addition, Anoka County, Minnesota The Commission finds that the proposal will have a significant detrimental effect on the health, safety, morals or general welfare of the neighborhood and will negatively impact traffic/parking conditions, property values or scenic views. Finally, the proposal may negatively impact the Comprehensive Plan of the City of Andover. 3. The Andover Planning and zoning Commission may table the proposal. \ ) :~ Page 4 13650 Hanson Boulevard May 15, 1990 PLANNING AND ZONING COMMISSION RECOMMENDATION The Andover Planning and Zoning Commission has reviewed the request at their April 24, 1990 meeting. The Commission unanimously recommended approval with the above mentioned conditions and included that the property must be cleaned prior to the issuance of the Special Use Permit. The Commission added that the permit is limited to the areas currently being leased by the applicant. (see attachment A) STAFF RECOMMENDATION: Staff recommends Option #1 with the conditions outlined in this memo. \ ) ,'~~ CITY of ANDOVER sUP , ::t'\. 1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 c~J SPECIAL USE PERMIT. REQUEST FORM property Address J 3050 AJ LV +t- O-nJOn Blvd, -AndOV-er ,MAl 5::J3(Jf Legal Description of Property: (Fill in whichever is appropriate I Lot ~ Block I Addition ?UA1 /c~ 1kl~,17UYl 3 ~ 32 ~ Zt.j -' '11 ./ 000,-/ plat Parcel PIN (If metes and bounds, attach the complete legaLI \,~,\ 1J '1- J.. I L<sfflU Reason for Request f{e..+CJ-..lv! r<)o.le-5 Lv1. OrJ/-fdoy safe, 011 +he. <\';.~ Section of Ordinance '7. '03 Current Zoning x Name of Applicant ********************************************************************** J ()0 tv! C d fer N -.Jef+'1s 0 u.--I-dcor er-r-en..; , \....JCUI Q-f ~urn if{}e "t (US101'^.- A noLo- 55303 fJJCCdLVO(/(,'1l1Ji Business Phone '157- C;33') Date 3 -;{G -9{) 3?/S- b20Lj+I'\, Ln, N(;J 75"3- G /3L1 Signature 1jLx;L 1 j@()J2dafJ/ /itCl/ ~. *********************************************************~************ in ,/1"<.1 OnL r!l!! ,~v'4t.;,J I/r(, S -"JIA. R\ hLcr Address Home Phone ~roperty Owner (Fee Ownerl (rf different from abovel _.****.*** 37Nv1- Business Phone 81 (- 1)'<)7 Date /Jf),,,- I ? (<("q [) I I Address Home Phone Signature ********************************************* 'Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and \ structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. '\ )The names and addresses of all property owners within 350 feet of subject property must also be provided. the riling Fee: $150.00J $10.00 9 /37 Da te Paid Lj-5- 0 Receipt it 3c.J J Application Fee: \- ~~~~I\~ {o (). ~~ i tlJt-0j I ./ - bE? m L., __.____0___.. ....___... .--..------ ~ --.--.-- . \ , ) . .. OffllB<;_ 5.lJ1/ /looM -. --------..--.----..-.... - -... ..-. _.....------ ----------...-----..- .'. ......--..--. .... .-------- ---..--~m11I(,--~.----. Jt,'.-----. 'i"~(l- -......---- -..--------.-------- . ,-,--'-" -.. .--.------ .-------.--.--. _____. .______._R_____.. \.-.-----=--.---- --.. ..--.- . ----..-.-- ..--------.... v> . ""4;J,,~ n__'-"'__' ___1__.... m" .- .. ---.--- _1!Jf~.~~+acft.l(!!!.j_t.~t7;raje ._____ .-.---. . .__.....d_ _ . .. .. 0" ...__ ". -I:I . . ..-..---0_ ----------.... ...-...--" ..-.... ...- l~r"f1\11 ._____u.__h._.._._. .-.- . 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'''''''.''' . E.I/';C~Nt.HLC. . -..- ... ~ . I . . !. .-' ~.,.I,. i. SEC.' 41', ....&~~ --..,.'..... ." I. ',' . ....l~..~..~. -r -- - @") ~j\.. .1'.\ } .~ w ~.14" CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE QF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 P.M., or as soon thereafter as can be heard, on Tuesday, April 24, 1990 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the request of Jeff's Outdoor Furniture and Custom Woodworking for a Special Use Permit to allow retail sales and outdoor display in an Industrial District on the following described property: Lot 4, Block 1, pankonin Addition, Anoka County, Minnesota Written and verbal comments will be received at that time and location. /' ( ~u V~ctor~a Volk, City Clerk \ j ordon Clemens 751 131st Avenue oon Rapids, Mn 55433 . '1 Power Assoc. 63~_Junker Lake Blvd .ndover, Mn 55304 ohn Imre 5844 Sycamore Street .ndover, Mn 55304 J ABC Mini-storage 13624 Hanson Blvd Andover, Mn 55304 Harold Jellison 1657 Bunker Lake Blvd Andover, Mn 55304 Kottkes Bus Servo 13625 Jay Street Andover, Mn 55304 Anoka County Courthouse Anoka County 325 E. Main st Anoka, Mn 55303 Q' :.L~ " CITY of ANDOVER ~) ,-'-'",~,~,:" .-.-=~.' REGULAR PLANNING AND ZONING COMMISSION MEETING APRIL 24, 1990 MINUTES '. The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission Meeting was called to order by Chairperson Rebecca P~ase on April 24, 1990, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Ron Ferris, Randal Peek, and Don Spotts Commissioners Absent: Bev Jovanovich, Wayne Vistad Others Present: Jay Blake, City Planner; Todd Haas, Assistant City Engineer APPROVAL OF MINUTES MOTION by Spotts and seconded by Ferris to approve the Minutes of the Special Meeting of the Planning and Zoning Commission on April 9, 1990. Motion carried unanimously. MOTION by Spotts and seconded by Ferris to approve the Minutes of the Regular Meeting of the Planning and Zoning Commission on April 10, 1990. Motion carried unanimously. SPECIAL USE PERMIT 13650 HANSON BOULEVARD--RETAIL SALES IN "I" DISTRICT Blake explained to the Commission that this is a request on the application of Jeff's Outdoor Furniture and Custom Woodworking for a SUP to allow retail sales in an industrial district and outdoor display, storage and sales. The business is located in space previously occupied by Lou's Tire Town and Andover Tire Town. The business builds and sells custom outdoor furniture and also contracts for residential woodworking. Jeff and Lisa Gardas are the owners of the business and are leasing two garages, a retail area and the residential dwelling. The remainde~ of the building is unleased at this time. Blake reviewed a copy of the floor plan with the Commission. He stated that the City has an agreement with the owners of the property to have the tires, scrap metal, and debris removed from the premises by April 30, 1990. The fencing is also to be removed by this date. Blake stated that some progress has already been made on the cleaning and if the owner does \ not complete the cleaning, the City will have it done and / bill the owner for the work. Regular Planning and Zoning Meeting Minutes--April 24, 1990 Page -2- ~~ Blake stated that staff did not feel the presence of the operation would have a detrimental effect on the health, safety or general welfare of the surrounding community; that there would not be a signficant number of large'vehicles or traffic congestion or lack of parking space; that the retail business will not have a detrimental effect on property values; and that this use is allowed by the zoning ordinances and would in fact improve the overall use of this space. Blake stated that Staff recommends approval of this request for a special use permit. The Commission questioned the use of the dwelling on the property. The Gardas stated that one of their employees is living in the house at this time. Blake stated that the house can continue to be used as a residence and maintained as such, but that the dwelling cannot be expanded or added on. The Commission expressed concern that the Gardas might be caught in the middle if the owner does not complete the cleaning and the SUP is contingent on this. Blake stated the cleaning would be done either by the owner or by the City and billed to the owner, and that this was a separate issue. PUBLIC HEARING At this point the public hearing portion of the meeting was opened. There were no comments at the public hearing. MOTION by Ferris and seconded by Spotts to close the Public Hearing. Motion carried unanimously. Peek suggested that a copy of the drawing be attached to the motion in order to identify the specific space involved in the SUP. Spotts and Ferris asked about signage for the business. Blake stated that a sign permit is pending. The Gardas stated that they intend to display one of their tables attached to the sign. MOTION by Ferris and seconded by Peek that the Andover Planning and Zoning Commission recommend approval of the Special Use Permit request of Jeff's Outdoor Furniture and Custom Woodworking to allow retail sales in an industrial district and also allow the display of merchandise on the site during business hours on the following described property: Lot 4, Block 1, Pankonin Addition, Anoka County Minnesota. The City may wish to impose ~ ~~ Regular Planning and Zoning Meeting Minutes--April 24, 1990 Page -3- ~) conditions to the operation which would include: A. Retail Sales shall be limited to items associated with and/or constructed on the site; B. Outdoor display shall be conducted at least twenty (201 feet from the property line; C. The Special Use Permit shall be subject to an annual review; D. The Special Use Permit shall be declared null and void if significant progress is not made within one year of approval of the Permit; E. The property must be cleaned of all tires and the nuisance fence must be removed prior to the issue of a Special Use Permit. The Commission finds that the proposal will not have a significant detrimental effect on the health, safety, morals and general welfare of the neighborhood; nor will the proposal negatively impact traffic or parking conditions, property values or scenic views. The proposal will not negatively impact the Comprehensive Plan of the City of Andover. A Public Hearing was held and no comment was received. The pencil sketch shall be labeled Exhibit A and be attached to the Motion and that the special use permit would only apply to the spaces listed as Manufacturing/Storage, retail area, office and bathroom. The Andover Building Inspector shall make a general inspection of the premises before the permit is issued. This recommendation shall go before the City Council at their regular meeting on May 15, 1990. Motion carried unanimously. HOKANSON DEVELOPMENT, SPECIAL USE PERMIT, PLANNED UNIT DEVELOP~1ENT, SKETCH PLAN The Commission reviewed the special use permit application for a planned unit development on the property located at Southeast 1/4 of the Southeast 1/4 of of Section 1, Township 32, Range 24, Anoka County, Minnesota. \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~ RES. NO. A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST FOR JEFF'S OUTDOOR FURNITURE TO ALLOW RETAIL SALES IN AN INDUSTRIAL DISTRICT AND OUTDOOR DISPLAY AND SALES ON THE PROPERTY DESCRIBED AS: LOT 4, BLOCK 1, PANKONIN ADDITION, ANOKA COUNTY, MINNESOTA. WHEREAS, Jeff's Outdoor Furniture has applied for a Special Use Permit to allow retail sales in an industrial district and outdoor display and sales on the above described property, per Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission reviewed the request and held a public hearing at their April 24, 1990 meeting; and WHEREAS, the City Council found that the request will not have a significant detrimental effect on the health, safety, morals and general welfare of the community; and WHEREAS, the Council found that the request will not have a significant negative effect on property values or scenic views in the area; and WHEREAS, the Council found that the request will not have a significant negative effect on the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the Special Use Permit request of Jeff's Outdoor Furniture to allow retail sales in an industrial district and outdoor display and sales on the above described property, per Ordinance 8, Sections 5.03 and 7.03; and The City Council agrees to the following conditions for the permit: 1. Retail sales shall be limited to items associated with or constructed on the site. 2. Outdoor display shall be conducted at least twenty (20) feet from the property line 3. The Special Use Permit shall be subject to an annual review. 4. The Permit shall be declared null and void if significant progress is not made within one year of approval of the permit. J 5. The approval is subject to the removal of the waste tires and clean up of the property by the property owners. :J "- ) Page 2 Res. Adopted by the city Council of the City of Andover this 15th day of May, 1990. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 ITEM SUP - P.U.D., NQ Sketch Plan DATE ORIGINATING DEPARTMENT Planning ( Jay Blake planner BY: 5. APPROVED FOR AGENc~ BY: AGENDA SECTION NQ Discussion Items I REQUEST The Andover City Council is asked to review the Special Use Permit application for a Planned Unit Development on the following described Property: Southeast 1/4 of the Southeast 1/4 of Section 1, Township 32, Range 24, Anoka County Minnesota. The applicant has also requested preliminary review of the sketch plan for the property. See the enclosed maps. APPLICABLE ORDINANCES Ordinance 8, Section 5.03 regulates the Special Use Permit, outlining conditions and procedures. Section 4.18 establishes criteria for the use of a Planned Unit Development, including residential subdivisions submitted under density zoning provisions. Density zoning allows substantial variances from lot size and setback requirements provided that the development would allow for the protection of natural features or better use of the property. Sketch plan requirements are outlined in Ordinance 10, Section 6 and the following items shall be addressed as part of this review: conformance with the comprehensive plan and design standards. GENERAL REVIEW Staff was approached by the developer earlier this year inquiring as to the development potential for the property. Planning Staff suggested that due to the unique natural features present on the site that a Planned Unit Development might be appropriate (cluster the homes and protect the wetlands). COUNCIL ACTION ,J MOTION BY TO SECOND BY ~ Page 2 Hokanson Development May 15, 1990 Staff gave the developer an incorrect interpretation of the Density Zoning provisions Section of the Ordinance (Section 4.20) stating that a density increase might be possible. Later during our discussions, this fact was corrected. (Density zoning allows clustering without an increase in the overall density of the project.) The developer then submitted a revised plan that was not a Planned Unit Development, however, the plan still required significant variances from the provisions of the Zoning Ordinance. A third revision now has all of the requirements of a sketch plan and therefore was reviewed by the Andover Review Committee. The proposed development consists of roughly 40 acres in the northeast section of the city,. The property currently gains access from Crosstown Boulevard on the Andover/Ham Lake border. The applicant is proposing to develop rural residential lots ranging in size from 1.4 to 4.4 acres. The overall density is 1 lot per 2.35 acres (2.5 acre minimum lot size). The land characteristics include prairie grass mixed forest substantial wetland areas covering approximately 1/4 of the total area. The Department of Natural Resources (DNR) has control over a portion of the wetland. Other wetland areas may be under the jurisdiction of the Army Corps of Engineers. Prior to the completion of the Special Use Permit and filing of the preliminary plat, staff recommends that both agencies are contacted by the applicant to arrange a mapping of protected wetland areas. SKETCH PLAN REVIEW The Andover Review Committee met to review the proposed sketch plan and has the following comments: 1. First, the Sketch Plan approval hinges on the approval of the Special Use Permit. Since significant variances would be requested and the plan could only proceed if a successful SUP were obtained by the applicant. 2. There are DNR and Army Corps of Engineers wetlands on the property. The Ordinary High Water mark would have to be determined prior to approval of the plan. 3. Significant Variances. The following charts depict the two sets of variances for the proposed development. , ) Page 3 Hokanson Development May 15, 1990 ) Lot Width: Lot Block Proposed 300' Width 2 1 264' 3 1 254' 4 1 264' 4 2 160' 1 3 110' 2 3 290' 3 3 285' 4 3 287' 7 3 246' Lot Area: Lot Block Proposed 2.5 a. Area 1 1 2.145 a. 2 1 1.7 a. 3 1 1.63 a. 4 1 1.7 a. 1 2 1. 42 a. 3 2 2.1 a. 4 2 2.0 a. 5 2 1. 4 a. 4 3 2.3 a. 5 3 2.17 a. 4. The Building Department has recommended that the home sites on Lots 2 and 3 of Block 3 be moved from the "island of sand" to the buildable areas adjacent to Butternut Street NW. 5. university Avenue Extension should be shown along the southeast section of the plan from 173rd Lane NW to Crosstown Boulevard. The alignment is currently a driveway for the existing home on Lot 7, Block 3. The developer should contact the City of Ham Lake for additional right-of-way acquisition for the road if needed. 6. Butternut Street should have an oversized temporary Cul-de-sac for turn around purposes. When the property to the north develops, the road would have to be extended. 7. The developer should attempt to make the intersection of 173rd Ave. and Butternut street a 90 degree angle. Also, the City/developer should acquire the right-of-way necessary to connect the roads, as there is a sliver of land separating these roads. -' ') '-> Page 4 Hokanson Development May 15, 1990 8. The existing shed on Lot 7, Block 3 should be moved, removed or the lot line re-drawn to allow for a 10 foot setback. Generally, staff recommended that the number of lots be reduced to maintain the 1 per 2.5 acres as required by Ordinance 8, Section 6.02. Staff believes that the street layout does make good use of the land and existing topography. SPECIAL USE PERMIT REVIEW The planned Unit Development section of the ordinance allows for creative design standards in the development of residential, commercial and mixed use developments. Significant variances may be granted with the granting of a Special Use permit for Planned Unit Developments providing: 1. when staff was initially approached by the developer, a PUD was suggested as a way to protect the substantial wetlands on the property through an open space agreement that would prevent development of these areas. A density "increase" was first discussed. However, no provision in Ordinance 8 allows for an increase in density for a PUD. The design has changed and the wetlands have again been incorporated into the individual lots. The uniqueness of the development has been lost by not protecting the integrity of the wetland areas. 2. The variances, if genera 1ntent 0 ranted, would be full t e Zon1ng Or 1nance. consistent with the The staff has recommended that the density of 1 to per 2.5 acres be preserved. This would result in the loss of several lots. Staff has also recommended that a minimum lot width of 180 feet and an area of 1.5 acres be used. These figures correspond with 60 percent of the minimum lot requirements. 3. .J This provision does not apply to rural developments. . \ -) Page 5 Hokanson Development May 15, 1990 4. The variances The preliminary plat would need to indicate that a minimum of 39,000 square feet high/dry buildable land be on each lot for the placement of on-site septic systems, per Ordinance 10. 5. staff believes that the uniqueness of the property is not being protected with the proposed development. The wetlands should be part of an open space area protected by covenants on the property. The current plan does not necessitate a PUD design. CITY COUNCIL OPTIONS: 1. The Andover City Council may approve the Special Use Permit request of Hokanson Development for a Planned Unit Development on the following described property: Southeast 1/4 of the Southeast 1/4 of Section 1, Township 32, Range 24, Anoka County Minnesota. The Council finds that the request meets the conditions of a planned Unit Development as outlined in Ordinance 8, Section 4.18 and that the development is in keeping with the intent of the Andover Comprehensive Plan. 2. The Andover City Council may deny the Special Use Permit request of Hokanson Development for a Planned Unit Development on the following described property: Southeast 1/4 of the Southeast 1/4 of Section 1, Township 32, Range 24, Anoka County Minnesota. The Council finds that the request does meet the conditions of a Planned Unit Development as outlined in Ordinance 8, Section 4.18 and/or the development is not in keeping with the intent of the Andover Comprehensive Plan. \ I J 3. The Andover City Council may table the proposal for additional di!':cl1!':!':inn. , ~ ~) Page 6 Hokanson Development May 15, 1990 PLANNING AND ZONING COMMISSION RECOMMENDATIONS: The developer asked that the item not be tabled, so that the process could proceed. the Planning Commission discussed at length, the need for 39,000 square feet of high land per lot and there was some concern over the DNR and Army Corp concerns with the wetlands. The Commission unanimously recommended denial of the planned Unit Development with the following comments: 1. The proposed development does not meet the intent of a Planned Unit Development, as no clustering or mixed uses are present in the development. 2. The building pads do not appear to allow for 39,000 square feet of buildable property per site. 3. The public comment was overwhelmingly against a density greater than 1 lot per 2.5 acres. 4. The wetlands would not be protected with this proposal and the PUD need for a PUD is not evident. STAFF RECOMMENDATION: Due to the large amount of protected wetlands on the property and design consideration, the City Planning Staff recommends option #3. This would allow time for the developer to contact the DNR and Army Corps of Engineers for information on construction on the property. , ) @ CITY of ANDOVER 1685 CROSSTOWN BLVO. N.W. ANDOVER. MINNESOTA 55304 SUP ; ~-) SPECIAL USE PERMIT REQUEST FORM Property Address 17] / I 1/"','1/"'..... r/I-"/ /f t.-y"" ~ e Legal Description of property: SE J.~ pt= t/.e .rE~ drfflc/l1tJ;') 11~'1 (Fill in whichever is appropriate I ,J::- (7u_'/JIr.',17 -.:z-1. ~'"'-P/c" ('pu..,r7 Lot Block Addition plat parcel PIN I - ] ?- - ?- ~ - r ~/ - t?" (7 I (If metes and bounds, attach the ~ 1"#1'1 ec/ "Z,. e<frf'f complete legall 1/ n " r ,LJ {i r-- -f /; ?'''''' 1'--1;- , ('P""lfIr?<{ ,I- ~ /"~J,'/"'-zI''I!J Reason for Request Or '/V' 1/,/ t/'1 I/' &:1-: "r:f ('I I' r / '2...~..P' /" /1'. Current Zoning ;:< - / Section of Ordinance ********************************************************************** Name of Applicant /Iv,/c a oot..J (7...., .t::J ~v~/c;,/~ ("-1/ ~ ('. , Address 9/7 ~ ..,t- f d.., I) fl'. Home Phone Business Phone 7 rtf - ]/1 t? Signature ~ ~~t1E::-~~ . ~ate Y/,?/,7?t? ******************************** *********.**~..i*i*1t********************* property Owner (Fee Owner) ~~ (If different from above) Address Home phone Business Phone Signature Date ********************************************************************** . (<f"lr ~.,'/I f<e/.....I#ed) Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 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I ...'. I I r~l':':';: "11 ~ ~ _ rl ~I .&~ : i ~q;':'Ji"'~'''!li,/)I~I~' :...~!,~,:W =" k1 _JOo,."'=-.-=i . 1::: I _. ~if1l,.:I'~____ :',. ~ -';~ ...... ~,~ ! ! '''IJ.I"",~",I ~...,. .. ,:::,r,'I/ "'--'~' ;.:;.","",;1(:!:::t. c~---... ----r--T--- II: ,"",j-lj-lC:=t:i'r'f~~::V/ .~ . ..~ . . , . ~ I: . U--:.:.:f!I -~ ~ h 'I -f.- I I r./ ., , , I '!J ~,'\::-- 11lJ~ ). -~~3J ----f--f" I ,..1 ,il I~)) . I r.-- I:' ,I i'1."IJ ~'"::.".". '.1 ----~ ,rY r::::f; ~J , I ~Jf ... "_.~- , ' , , ' ~ z~~. ~i . I. -, II ~ I': Ii z t Ii :11 A ,l~li ... Ii' 0::: CC ...J b.. ! ~2 irl o I Cl~l lLZ~j ; <to. :::;: ~ t:: !mill " >-1iC ! '.. ~8iHil;;i" 11111 . lUll ...1...... IIIU.' . ..'r" ~ " \ ~ Regular Planning and Zoning Meeting Minutes--April 24, 1990 Page -3- ,) conditions to the operation which would include: A. Retail Sales shall be limit~d to items associated with and/or constructed on the site; B. Outdoor display shall be conducted at least twenty (20) feet from the property line; C. The Special Use Permit shall be subject to an annual review; D. The Special Use 'Permit shall be declared null and void if significant progress is not made within one year of approval of the Permit; E. The property must be cleaned of all tires and the nuisance fence must be removed prior to the issue of a Special Use Permit. The Commission finds that the proposal will not have a significant detrimental effect on the health, safety, morals and general welfare of the neighborhood; nor will the proposal negatively impact traffic or parking conditions, property values or scenic views. The proposal will not negatively impact the Comprehensive Plan of the City of Andover. A Public Hearing was held and no comment was received. The pencil sketch shall be labeled Exhibit A and be attached to the Motion and that the special use permit would only apply to the spaces listed as Manufacturing/Storage, retail area, office and bathroom. The Andover Building Inspector shall make a general inspection of the premises before the permit is issued. This recommendation shall go before the City Council at their regular meeting on May 15, 1990. Motion carried unanimously. HOKANSON DEVELOPMENT, SPECIAL USE PERMIT, PLANNED UNIT DEVELOPMENT, SKETCH PLAN The Commission reviewed the special use permit application for a planned unit development on the property located at Southeast 1/4 of the Southeast 1/4 of of Section 1, Township 32, Range 24, Anoka County, Minnesota. 1 J Regular Planning and Zoning Meeting Minutes--April 24, 1990 Page -4- :,) Blake stated that there are really two parts to this request since the approval of the sketch plan hinges on the approval of the special use permit. This proposed development consists of approximately 40 acres in the northeast corner of the City. The area includes substantial wetland areas, which cover approximately 25% of the total area. The Department of Natural Resources and the Army Corps. of Engineers have some control and jurisdiction over at least a portion of these wetlands. Blake stated that Ordinance 8, Section 5.03-governs the special use permit; Section 4.18 establishes criteria for the use of a planned unit development; and sketch plan requirements are outlined in Ordinance 10, Section 6. Blake also stated there had been some miscommunication between the City and the developer as to what was required in order to meet the criteria for a planned unit development, and that while the first sketch they reviewed was laid out as a planned unit development, the revised sketch (which is the one the developer is submitting I is 5-10% higher density than allowed and incorporates the wetlands into individual lots, rather than as an open space area protected by covenants. It is Staff's opinion that the current plan does not necessitate a PUD design. Staff stated also that there are significant variances requested which include nine lot width variances ranging in size from 110 ft. to 290 ft., as well as ten lot size variances which range from 1.4 acres to 2.3 acres. Staff recommendation was to table the proposal for additional discussion, which would enable the developer to meet with personnel from the DNR and Army Corps of Engineers. KIRK CARSON, REPRESENTING HOKANSON DEVELOPMENT, INC. and ROGER HOKANSON, 15570 Potawatomi St. N.W. spoke at this time. Mr. Carson stated he would like the minutes of this meeting to reflect that they are upset. He stated they originally came to the City with an 18 lot planned unit development that protected the wetlands, and that now they have reduced the project to 16 lots and Staff is stating that they do not meet the proper criteria. He also stated that the Army Corps of Engineers want a plat to know you are serious before they will work with you. Mr. Carson stated that they have spent a month and a half doing site revisions and sketch plan, which was meant to be ) an ,informal presentation and discussion with the developer :) Regular Planning and Zoning Meeting Minutes---April 24, 1990 Page -5- and the Planning Commission, and instead with the conditional use permit and the notifications thereof, it has turned into a public hearing. Mr. Carson stated that their purchase price was based on there being 18 lots available and now they are down to 16, and they feel they have lost the value of two lots. He stated that the two strips of land leading into the property are both in tax forfeiture and the City could condemn it to use for the road. Blake stated they only show the one piece in forfeiture at this time, and the City would most likely condemn both pieces as soon as they became available. Mr. Carson stated their opposition to tabling this request. He said that at least if it was denied, it would go before the City Council, rather than be stalled. PUBLIC HEARING RORY LARSON, 17432 Flintwood St., stated he felt his neighborhood was at risk. He asked why he wasn't notified of this public hearing and Blake advised him that only people located within 350 feet of the property are notified. He stated his street runs into Butternut. He stated he thinks lots in that area should be five acres. He felt this development is too much density for this land. He asked Staff to indicate on the map where the easements were for roads. DAVE HAUPERT, 17379 Flitwood St., stated that his property joins the developer's property. He stated he can undcerstand why the developer did not want this to be a public hearing because it's a bad plan. He stated that some of the information the developer gave was misleading. He stated that this is very marginal land to develop. There are a few steep places and quite a bit of very low land with water standing sometimes year round. He urged the Commission to table the request. JOHN O'NEIL, 901 Summer Place, Minneapolis, owns ten acres to the north of the property, up County Road 58. He stated the way it sits with the natural flowage, there isn't going to be much land forty feet from a cattail, and the DNR won't let you develop anything within forty feet of a cattail. He also questioned where the drainage was going to go. Haas stated there are very strict requirements the developer must adhere to and it will be the City's job to make sure the developer meets all of the criteria. O'Neil also stated that he knows a number of people in the area that live on a lot higher ground than this land who have problems with , water in their basements. J Regular Planning and Zoning Meeting Minutes--April 24, 1990 Page -6- ~) DOUG ASPLEY, 17340 Flintwood St., stated there are several people who could not make it to the meeting tonight, including the person who owns the landlocked ten acres. But it is not a concern to him because he' just has horses there._ He stated his main concern is for the wetlands, and he does not think it will work to put that many houses there. He requested that the issue be tabled. MICHAEL O'NEIL, 156-177th Ave., states that he owns ten acres just north of the proposed development. He has lived there seven years through the dry spells and wet spells. He stated that he has seen this wetland as la~es. He spoke of all the wildlife that is on the property. He stated he has seen water waist-deep on the land they are proposing to put the road through. He stated he wanted to voice his opposition. He also stated that the road on the existing homestead is wet and sloppy much of the time, that it is wet and sloppy right now. The owner parks on 18 right now and walks up to his house. JOEL GODDIN, 17597 Flintwood St., stated that when he moved out to Andover it was his belief that the City cared about nature and how people can co-exist with nature. He doesn't feel these people have any concern about nature. He stated that Ducks Unlimited is trying to build up the duck population in this area. He does not think there is enough high ground for more than five homes. Carson stated the developers would be agreeable to putting in the road from the other edge of the development if people felt better about it. Haas reminded the Commission and developers that the Park Board must review this proposal also, and they may feel it appropriate to put a park in this area. MOTION by Spotts and seconded by Ferris to close the Public Hearing. Carried unanimously. Staff reviewed the aerial maps with the Commission. Blake stated that the special use permit requires approval, denial, or tabling and the sketch plan takes comments. Blake reviewed the five criteria regarding the ordinance as it pertains to planned unit developments. He does not feel the first criteria is met because instead of enhancing the unique nature of the land it is lost by incorporating wetlands into the individual lots. ~ ) Regular Planning and Zoning Meeting Minutes--April 24, 1990 Page -7- :__J The second criteria regarding the variances has not been met either, in the opinion of Staff. The third criteria does not apply to rural developments. The fourth criteria discusses the threat to property values, safety, health or general welfare of the owners or occupants of adjacent or surrounding lands. Pease expressed concern regarding the 39,000 ft of contiguous dry land for septic and water systems. Staff stated that the preliminary plat would need to meet the criteria of Ordinance 10. The fifth criteria addresses the unique nature as consideration for how the land is developed. There again, it is Staff's opinion that the uniqueness is not being protected under the proposed development. MOTION by Ferris and seconded by Spotts to recommend that the Andover Planning and Zoning Commission recommend to the Andover City Council denial of the special use permit to establish a planned unit development on that property described as the Southeast i of the Southeast i of Section 1, Township 32, Range 24, Anoka County Minnesota. In reviewing the criteria used in granting a special use permit, there are five criteria to be evaluated and the response to all five criteria must be affirmative before a special use permit can be granted. In reviewing the criteria Items 1, 2, 4 and 5 all produce a negative response to this particular sketcDing drawing on this parcel of land. Specifically, that this parcel of land is not considered to be a planned unit development. It has no set-aside common property. It is felt to be below minimum requirements of 39,000 sq. ft. buildable site on at least One site. That the lot density would require 19 variances for front yard width and set back and for 2.5 acre minimum lot size. The number of variances exceeds the number of lots. That the response to Items 1, 2, 4, and 5 again are in a negative character. Item 3 is not a judgment characteristic in a rural area. A public hearing was held and there were six people for abutting areas that responded. The overall response by all six was that this plan would over-density the area and it did not set aside or have any provisions to preserve the wetland areas, and that it was a danger to the environment in that there was a certian flood plain set up here that would be disturbed by the processing of this parcel. ) I further recommend that this be presented to the City Council on May 15, 1990 meeting for their review. Regular Planning and Zoning Meeting Minutes--April 24, 1990 Page -8- Q In discussing the motion, Ferris stated that even if the City Council were to approve this that the Met Council would have something to say about it, and they are saying that 2~ acres is too small. Ferris also stated that he felt the City would be making a serious mistake at this particular time in history to grant anything less than 2~ acres with the current review being done by Met Council and FHA. Pease commented that she is very concerned about the number of variances and the fact that no wetlands were set aside on the proposed planned unit development. The motion for denial was carried unanimously. Next, the Commission formalized comments on the sketch plan. Ferris commented that this is a very difficult piece of property to develop. He stated that nineteen variances on sixteen lots is way too many. He does not believe this is a smart area to do this or a feasible area to do this. He does not feel this land lends intself to high density. Spotts commented regarding items listed on the sheeting regarding University Extension and the southeast corner be redirected and somehow combine so that it doesn't take that big of a jog. Pease commented that the houses proposed on the peninsula area were a concern to her. Peek commented that the developer has the right to develop the area at no greater than 2.5 acres, and a lot of what was discussed tonight is speculation at this point. He does not think the developer should be bullied into five acre development. MOTION by Ferris and seconded by Peek that the Andover Planning and Zoning Commission recommend to the City Council that there appears to be an inadequacy within the existing PUD ordinance in that when variances are required that a special use permit has to be reviewed at the time of sketch plan. The inadequacy is that there is not enough detail or information available at the time of sketch plan to make substantial judgment in terms of the merit of the SUP with regards to the five provisions that exist in the ordinance today. It would be our recommendation that the City Council turn back to the Planning and Zoning Commission a request to review and consider rewriting the ordinance with regards to moving the SUP to occur at the time of preliminary plat, not at the time of sketch plan. It would also give a better representation between the City and developer in that you are doing a single review at one time, not a double review at one time with the developer, specifically the double ) Regular Planning and Zoning Meeting Minutes--April 24, 1990 Page -9- -,J " review being the sketch plan and SUP. At that time it would make additional information available, such as wetland study, grading plans, etc. to which one could make a substantial judgment on an SUP. Motion carried unanimously. HOME OCCUPATIONS, ORDINANCE S AMENDED The Commission reviewed the proposed changes to the amendment for Ordinance 8, Section 3.02, Section 4.30, Section 7.02, and Section 7.03. Blake stated that Section 3.02 redefines home occupations, Section 4.30 outlines regulations and standards for home occupation~ and allows for greater flexibility for home occupations in the rural areas of the City, and Sections 7.02 and 7.03 discusses accessory uses and home occupations using an accessory structure with exterior storage as allowed by SUP guidelines. After discussion, it was decided that under Section 4.30, Part B, item 1 to add the words "on site" after the wording limited to one person. Also, under item S to reword (al to read "The size of the lot shall be 3 acres or larger". Pease brought up the question of garage sales as a home occupation if they are held frequently. Ferris stated that most cities that have a concern have an ordinance regarding garage sales specifically. Blake stated he did not feel garage sales were under the realm of home occupations and would need a separate ordinance. PUBLIC HEARING BARBARA SHILLING, 17025 Round Lake Boulevard, asked how daycare fits into this ordinace. Spotts stated it is covered under a separate ordinance. She asked about storage and accessory. Minutes from last meeting should read 800 sq. ft. combined square footage of the accessory structure and outside storage area. She questioned how the ordinance would affect existing structures. Ferris stated this ordinance places SOO sq. ft. in this ordinance and it will be up to future city councils if they want to change the ordinace, but this is a starting place. '1 / ~ffiRIS SHILLING, 17025 Round Lake Boulevard, asked if you can have more than one home occupation. Blake stated you could have more than one as long as you did not exceed the space limitations of SOO sq. ft. He stated that he appreciated being allowed to have an accessory building on their property, and they are in the process of building one. (~TTY OF "NJ)()VEl: ,~J pnOPEHTY IDEN'l'IfICAT!ON NUMP.EH;; W.f'CHfN :J"O FEET 1.)1-' THE !;f. Qr.fAR'J.'ER UF THl:: SOUTHEAST QUAltTI::R OF Sl::t:TION 1 TOIJI,ISHll-' :::2 RAl'Ha: Z4 "Nll IDENTIFIED BY PROPERTY IDEN'fIFICATlON NUMRER 1-32-24-44-001)\ HENRY STROMGHEN, 600 CHOSSTOWN BLVD HAM LAKE. MN, :553U<I 6-32-23-3<:-UOUl HENny STROMGREN 6-3Z-Z3-33-UUUl C...nOLHl BOLANDER 99 CROSSTUWN NW, ANDOVER, MN 5S3U4 7-32-23-22-0U19 DAVID HOIUM 12-177TH AVE, ANDOVER, MN, S53U<I 1-32-24-41-UUUZ CLARENCE ALSAKEH %JOHN O'NEIL 901 SUNMER PLACE MPLS, 11N :55413 1-32-24-41-UUU5 CLARENCE ALSAKEH % MICHAEL O'NEIL 156-177TH AVE ANDOVER, MN 553U<I 1-3Z-2'1-'II-IJUU'I FlAL!'H PEAFlSON 2201-198TH AVE, N,W, CEDAH. MN 55Ull 1-32-24-'12-0003 " ) ~-) GAH't B I ALKl:: ~41-90TH LANE N,E ELAINE, MN 55<134 1-32-24-43-UOU\I ROBERT DZIUK 1'l42'l FLINTWOOD ST. NW ANDOVEH, MN, ~5304 1-32-2<1-<l3-UU05 DAVID HAVPEHT 1'7379 FLINT\.lOOD ST ANDOVER, MN, 553U<I 1-32-24-43-0UU7 CHARLES REICH 43U9 NOKOMIS AVE, MPLS" MN, 554U6 1-32-24-'I3-U006 ROBERT NAULT 24'1-173RD AVE. N,W, ANDOVER, MN, 5530Q 12-32-24-12-U010 G.".YLE BIALKE 'loDOVGLAS ASFALY 1'730'1 FLINTVlOOD ST, ANDOVER, MN 5530<1 12-32-24-12-0UU5 RAYMOND HALL VI,PA, P,G, BOX 20'157 BLOOMINGTON, MN, ~5420 12-32-2<1-12-U009 5J1.ND CHEEK CORP, 5311 CENTRAL AVE, N,E, FRIDLEY, MN, 55'132 12-32-2'1-11-UUIU ) , ./ / \ L,M CAPELING AND R, N NOREN '-_) 17251 BUTTE R,NUT ::iT, ANDOVER, MN, 55304 :2~~~~ HEREBY STATE THAT 1 HAVE MADE A THOROUGH ATTEMPT 'fO LOCATE ALL THOSE PAllCEL:; LYING "'1TH IN 35Q FEET OF THE PERIMETER Uf THE fORTY ACRES PROPOSED fOR DEVELOPMENT IN ACCORDANCE WITH THE HALF SECTION MAPS LOCATEn AT THE ANOKA COUNTY SURVEYURS OffiCE AND IN ACCORDANCE WITH THE TAX RECORDS STORED AT THE ANOKA CUUNTY THEASUREHS OFFICE, '1 j PRINTER'S AFFIDAVIT OF PUBLICATION ) NOTIC!! OF PUBLIC N!!ARING .' .! i . . CI1;Y'OF ANDOVER' " ' COUNTY OF ANOK'A :.-. ,..~_ STATE OF MINNESOTA . The Planning end Zoning Commission of the City of Andover' win hold . public helrlng .. 7:30 p.m.~ or as lOOn ther..ft.r as un be heerd, on Tuesday, April 10, 1990 at the Andover City Hall, 1685 Crosstown Blvd. NW. AndOVer~ MN to review the request of Hokanson Development for . Special Use Permit to allow the develop- ment of II Planned \Jnlt Development for single femlly home ~It.s_ ~_ the'fo."~lng~de:scrlbed property:;rI':r..-~.... - '-'i' 'C,",'"._, .' - . The Southeast 'I.. of the Southeiit V.. of Section 1. Township 32,' Range 24; Anok. CountY~ MI~ nesot..' : : . . .., <. Written and verbal comments will be re<:elv' ed atth.t.lm' and location."' :., .s. Vlctorl. Volk '.' ':. . . , I Vlctorle volk.. City Clerk . ',.:,", . ebcdefghllklmnopqrstuvWxYz' :: . ,;,?:'J. . .- . Published In Anoka Co. Union .'. . . . April 13, 1990 . .... , . \ ) STATE OF MINNESOTA County of Anoka ) 55 ) Peter G. Bodley, being duly sworn, on oath says that he is the managing editor of the newspaper known as the Anoka County Union, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (8) The printed ... .~0.nCE. .of. .~U!3.L!C. .1;IMR.I,l'!G................ ............ .............. . ..... .1:I(}.ka!\~~!\. P.~Y~.~9P.l1)~!\t;...... .............. ...... ...... . which is attached was cut from the columns of said newspaper, and was printed and published once each week, for. . .a,le. . . successive weeks; it was first published on Friday, the ....13th...... day of ..A-pdl......, 19..9q and was thereafter printed and published on every Friday to and including Friday, the ................ day of . . . . . . . . .. . . . . . ., 19. . . .; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: a bcdef ghi i klmnopqrsfuvwx y2 'OCd'fgh;j~m"pq~t"'"'' ~ BY.. ~.................. naging Editor Subscribed and sworn to before me on 13 ~ h,do' "d('il . ... .,19.9.Q ~~~~MM~U~X '~~;'~'~'\ DIXIE L. MASOll f.: r;;<:.t'l~ NOTARY PUBLIC . MJNNeSOTA :; ~',"a~ AN01(ACCUNTY r; ~ ~~...... My CO:T:ml.selon upl,.. M 1y i C r 1$:)5 ;:: )\. 'fY'YYVYYYYY'f"'("fYY'('(,ffinn ~~Yr rvv~ ---------------------------------------- HATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space $ 7.00 (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter $ 7.00 (Line, word, or inch rate) (3) Rate actually charged for the above ma tter $ 3.95 (Line, word, or inch rate) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ) RES. NO. A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST FOR HOKANSON DEVELOPMENT INC. TO ALLOW THE DEVELOPMENT OF A PLANNED UNIT DEVELOPMENT USING DENSITY ZONING PROVISION OF ORDINANCE 8, SECTION 4.20 ON THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, Hokanson Development has applied for a Special Use Permit to allow the development of a Planned Unit Development utilizing the density zoning provision of Ordinance 8, Section 4.20; and WHEREAS, the Planning and Zoning Commission reviewed the request and held a public hearing at their April 24, 1990 meeting; and WHEREAS, the proposal calls for a overall density of one lot per 2.35 lots, which is greater than currently allowed in the R-1 Single Family Zoning district; and WHEREAS, the request does not provide for the protection of the natural features, including wetlands, through the creation of permanent open space or common property and therefore does not justify the significant variances from Ordinance 8; and WHEREAS, a public hearing was held and respondents opposed lots smaller than 2.5 acres in size, as surrounding lot sizes are five acres and larger; and WHEREAS, the City Council agrees with the findings of the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the Special Use Permit request of Hokanson Development Inc. to allow development of a Planned Unit Development on the following described property: The Southeast 1/4 of the Southeast 1/4 of Section 1, Township 32, Range 24, Anoka County, Minnesota. Adopted by the City Council of the City of Andover this 15th day of May, 1990. CITY OF ANDOVER ATTEST: James E. Elling - Mayor , .~ victoria volk - City Clerk :-J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 ITEM Home Occupations NO,~. Ordinance Amendment DATE ORIGINATING DEPARTMENT Planning ~,foj;J!-' Jay Blak~, City Planner BY: AGENDA SECTION NQ Discussion Items, APPROVED FOR AGEG~\ .vitA / REQUEST The Andover City Council is asked to review and approve the enclosed amendment to Ordinance 8 relating to Home Occupations. BACKGROUND The Council first considered this issue when the Kelner Special Use Permit was tabled in 1989. At that time, the Council referred this issue to the Planning and Zoning Commission for further study. The Commission began with a survey of twelve (12) communities throughout the Twin Cities. A copy of the results of the survey is included in the packet. Andover's existing home occupation regulations were found to be in line with many other communities. However, no provision existed for a home occupation in an accessory building. Several cities had such provisions. A draft amendment has been completed that would allow for rural home occupations on three acres or more to be conducted in an accessory building with the granting of a special use permit by the City Council. A copy of the proposed amendments were sent to Attorney Hawkins for comments. The Planning And Zoning Commission has unanimously recommended approval of the proposed amendment. COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ) __J ORDINANCE NO. 8 THE ZONING ORDINANCE OF CITY DF ANDOVER, MINNESOTA, RELATING TO AND REGULATING THE LOCATION, SIZE, USE AND HEIGHTS OF BUILDINGS, THE ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION IN THE CITY OF ANDOVER AND FOR THE PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE, PROSPERITY AND GENERAL WELFARE IN SAID CITY, AND FOR SAID PURPOSE, TO DIVIDE THE CITY INTO DISTRICTS AND MAKE DIFFERENT REGULATIONS FOR DIFFERENT DISTRICTS. The City of Andover does ordain as follows: SECTION 3.02 Definitions H&me-eeea~a~iea~--Aay-~aia~a!-eeeu~at~eR-e~-~~e~e~~4efl-efl~a~ed- ~~-gy-~ne-eGGY~aB~-e~-a-Qwe!!iBg-at-e~-f~em-tae-6weJJ4fl~-wheB- ea~~ieQ-eB-wi~nia-a-Qwe!!iRg-YRit-aBQ-Bet-f;em-aB-a~~e~~Q~Y- gY~~~Bg-p~c~~ded-that-Bc-sigBs-othe~-than-those-no~mally_ a~~~~&ea-ia-a-re5ieea~ia!-eis~~ie~-a~e-~~e5eRt7-Be-~~e€k-aB6- tr~d~-~s-stored-on-the-prem~ses,-over-the-eotlnte~-~eta~~-~a~e~- are-fte~-iftVe}veaT-aftrl-~he-eft~faftee-te-tfie-fieffie-eeeupa~4efl-4~- ~a~fteQ-~rem-wi~flia-~fle-S~rue~ufe7- SECTION 4. GENERAL PROVISIONS 4.30 Home Occupations Heme-eeeu~a~ieft-U5e5-ffiay-iae!uee-p~efe55~eRaJ-eff4€e~7-m4Be~-~e~4~- &e~~~GeST-~ne~e-e~-ar~-S~YQieT-QressmakiRgT-e;-~ea~h~Bg-l~mi~~Q-~O- tftree-~~T-~etlrlefte~-ae-afty-efte-eiffie-afte-s~ffi~la~-u~e~~-flewe~e~/-a-fleme- &eea~a~ieft-Sfla!!-fie~-ee-ift~ef~fetee-te-~Reluee-Ba~Be~-~fle~/-~a~~y- S&e~Sr-~&ariS~-flemeST-reS~aYraR~S-er-5iffi~la~-U5e~-uBJe~~-aJJeweQ-~Y- &pee~~r-tlse-Permit-tlnder-5eetion-77e37--Hoffie-Oeetlpa~~efl~-wh~~h- ereate-a-neerl-fof-ffiOfe-ehaft-ehfee-+et-pafk~fl~-spaees-a~-afly-~4~efl- ~~me-~ft-aaai~iea-~e-tfle-~ar*iB~-5~aee5-~e~u4~e6-By-~he-e€€~~B~~- &na~~-Be~-ge-~ermitteQT--~gWT-+-l-gC+- (A) INTENT ) o ~ ~-) (B) GENERAL PROVISIONS 1. The number of on s~te ~n a to one erson 2. 3. shall be serv~ces t those clearl we ~ng. 4. 5. Vehicles associated with a home occupation shall be limited to one vehicle on the premises and as set out in Section 8.08. 6. traffic more 7. Signs shall be regulated as set out in Section 8.07. 8. a. The size of the lot shall be three (3) acres or larger. b. location and size of an accessor e storage area sha e as City. ) exceed c. o \;.Y 8. continued o d. e. 9. In acting upon an a~alication for a Special Use Permit, the City shall conS1 er: a. b. The effect on surroundin c. Consistency with the Andover Comprehensive Plan and Development Framework. d. The 1nc and overnmental facilities and san1tary sewer, water an e. 10. date or C. INSPECTION AND REVOCATION -J 1. ~ \:j) D. VESTED RIGHTS , \ '-J 7.02 Permitted Accessory Uses In All Residential Districts Keeping of Domestic Animals (three(3) or less except in R- 1 ) Open, off street parking space (8BBB, 5-17-88) Gardening and other horticultural uses Keeping of not more than two (2) boarders or roomers by a resident family with no private cooking facilities Private Garages Heme-eee~pat~eR5-meet~R~-er~ter~a Home Occu ations, not re uirin the use of an accessor structure an lor exter10r storage. Recreation areas and swimming pools 7.03 Special Uses Special use permits for uses not listed herein shall not be granted except where the City Council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by special use permit and in accordance with the criteria as stated in Section 5.03(B): RESIDENTIAL DISTRICTS Barber Shop (8H, 7-1-80; 8P, 5-4-82) Beauty Shops (8H, 7-1-80; 8P, 5-4-82) Cemeteries Christmas Tree Sales Churches '\ '-~ Clubs and Lodges n 'Y 7.03 Continued Colleges and Similar Institutions :) Commercial greenhouse Craft and antique businesses in R-4 districts in building~ designated as historical sites by a county, state, or nationally recognized historical organization (8EE, 6-17- 86; 8GG, 8-5-86; 8RR, 8-5-86) Day Nurseries (thirteen [13] or more children) (8CC, 2-4- 86) Dog Kennels in R-1 District only Excavations except when a building permit has been issued Golf Course Highway Construction Materials (processing and storage) Home Occu ations, On a arcel of land three (3) acres or arger, ut1 1z1ng an accessory structure an /or exter10r storage. Marinas Public utility uses or structures except when located on a public right-of-way Rest homes Riding Stables Storage buildings for boats, snowmobiles, or similar vehicles in R-5 only Two-Family Home Conversions (R-4 Districts only) (8RR, 7- 21-87) Two-Family homes in R-4 and R-5 Districts only when lot locations are established and approved on original plat (8M, 9-1-81) Adopted this day of City of Andov~ 1990, by the City Council of the CITY OF ANDOVER James E. Elling, Mayor ATTEST: "- ..J Victoria Volk, City Clerk o '\2.) PLANNING AND ZONING COMMISSION March 27, 1990--Minutes Page -7- in the wording to "twelve months". Motion seconded by Ferris ., and carried unanimously. -"--- ) HOME OCCUPATIONS, ORDINANCE 8 Mr. Blake reviewed a proposed draft and Section 4.30 of this ordinance. be made at this meeting, since this purposes only. The Commission members felt it had been agreed to delete ,any reference to "urban" versus "rural" home occupations. Subsections i, j, k, and 1 will be combined when tpe rural/urban verbage is removed. regarding Section 3.02 No recommendations will draft is for discussion The Commission decided to change the minimum lot requirement for home occupations operating from an accessory building from five acres to three acres. This seems to make sense since that is the minimum requirement for erecting a pole building. Also, this will allow the City Council leeway to consider home occupations with the minimum three acres on a case by case basis. The draft provides for combined square footage of the accessory structure and outside storage area not to exceed 800 square feet. These types of home occupations will also require a special use permit and will need to meet that criteria as well. MR. & MRS. MICHAEL KELNER, 15478 NW PRAIRIE ROAD The Kelner's operate a boat motor repair business from their home. They stated it is their livelihood. The three acre plan would fit for them, but not the five acres. If this ordinance goes into effect with three acres and they receive a special use permit, they will meet all of the City's requirements. Staff will redraft the proposal for review at the next meeting of the Planning and Zoning Commission. PARKING LOTS AND CURB REQUIREMENTS, ORDINANCE 8 This request results from some apparent discrepancies and ~biguity in the existing ordinance. Although the Building Department has also assumed curb and gutter to be concrete it is not stated as such in Section 8.08, Subsection A. Also, the wording of number three in Subsection D does not make sense. Mr. Blake will check with other communities and prepare a new draft for the Commission to review at the next meeting. \ ,~j PLANNING & ZONING CO~~ISSION MINUTES--April 10, 1990 Page -7- ~J Ferris stated the variance in the motion was the elimination of the 300 foot frontage. I am opposed to that for a number of reasons: 1) without the 300 foot frontage or easement set aside for that frontage it will totally land-lock the parcel shown on the map as No.4. That would be poor planning and a mistake on the City's part to further land-lock a parcel of land that only has one remaining access point. 21 there is no hardship. 3) a metes and bound split is possible with five acres without any hindrance. The owner does not wish to do that, and furthermore, the owner does not wish to entertain any lot split whatsoever that would cause proper frontage. Peek stated,he had nothing additional to say, other than he agreed with the reasons given. Also, he stated that the motion did not include extension of the cul-de-sac and was not a reason for denial. Pease stated her reasons agreed with everyone else in that a hardship was not demonstrated because there were other alternatives available and the land-locked lot. ORDINANCE NO.8, PARKING/CURBING ~EQUI~E~ENTS The next item discussed by the Commission was curb requirements in non-residential areas. Staff did a survey with the cities of Coon Rapids and Blaine-and presented the Commission with another draft of a proposed ordinance. Haas reviewed this draft with the Commission and stated that the City needs some specific language as far as materials used for curbing. Blake and Haas will prepare a new draft of this proposed ordinance to include specific set of standards on curbing and verbage on parking lot islands for traffic con~rol. This will be ready for the Planning and Zoning Commission to review at April 24th meeting. ORDINANCE NO.8, HOME OCCUPATIONS Blake reviewed a redraft of the proposed ordinance with the Commission. It was decided to reword the verhage in Section D, entitled "Vested Rights". Also, under number 8 {cl it will be reworded that the home occupation portion of an outside storage area shall not exceed 800 square feet. This ordinance will be redrafted with these changes and scheduled for a Public Hearing at the April 24, 1990 meeting of the , J Planning and Zoning Commission. Regular Planning and Zoning Meeting Minutes--April 24, 1990 Page -9- ~ review being the sketch plan and SUP. At that time it would make additional information available, such as wetland study, grading plans, etc. to which one could make a substantial judgment on an SUP. Motion carried unanimously. HOME OCCUPATIONS, ORDINANCE 8 AMENDED The Commission reviewed the proposed changes to the amendment for Ordinance 8, Section 3.02, Section 4.30, Section 7.02, and Section 7.03. Blake stated that Section 3.02 redefines home occupations, Section 4.30 outlines regulations and standards for home occupations and allows for greater flexibility for home occupations in the rural areas of the City, and Sections 7.02 and 7.03 discusses accessory uses and home occupations using an accessory structure with exterior storage as allowed by SUP guidelines. After discussion, it was decided that under Section 4.30, Part B, item 1 to add the words "on site" after the wording limited to one person. Also, under item 8 to reword (a) to read "The size of the lot shall be 3 acres or larger". Pease brought up the question of garage sales as a home occupation if they are held frequently. Ferris stated that most cities that have a concern have an ordinance regarding garage sales specifically. Blake stated he did not feel garage sales were under the realm of home occupations and would need a separate ordinance. PUBLIC HEARING BARBARA SHILLING, 17025 Round Lake Boulevard, asked how daycare fits into this ordinace. Spotts stated it is covered under a separate ordinance. She asked about storage and accessory. Minutes from last meeting should read 800 sq. ft. combined square footage of the accessory structure and outside storage area. She questioned how the ordinance would affect existing structures. Ferris stated this ordinance places 800 sq. ft. in this ordinance and it will be up to future city councils if they want to change the ordinace, but this is a starting place. ~ ~~RIS SHILLING, 17025 Round Lake Boulevard, asked if you can have more than one home occupation. Blake stated you could have more than one as long as you did not exceed the space limitations of 800 sq. ft. He stated that he appreciated being allowed to have an accessory building on their property, and they are in the process of building one. Regular Planning and Zoning Meeting Minutes--April 24, 1990 Page -10- .J MOTION by Spotts and seconded by Ferris to close the public hearing. Carried unanimouosly. MOTION by Spotts and seconded by Ferris that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of Ordinance 8, Section 3.02, Section 4.30, Section 7.02 and Section 7.03 as noted with the changes given to Staff. Motion carried unanimously. MOTION by Ferris and seconded by Spotts that the Andover Planning and Zoning Commission recommend to the City Council review and send back to the Planning and Zoning Commission a requirement to develop an ordinace which would restrict the frequency with which garage sales can occur in residential zones in the City of Andover. Motion carried unanimously. PARKING LOT/CURBING REQUIREMENTS DISCUSSION Blake stated that this is a complete redraft of this ordinance. He said that when the City Council referred this ordinance back to review curbing, other areas were discussed by Staff and Planning Commission regarding screening, berming, design, and etc. This is a start of a major revision to the parking section of Ordinance 8, Section 8.08. Blake stated he would like to start by looking at a combination of our ordinance and that of the City of Maple Grove, because he thinks they have a good ordinance. Peek stated he thought it would be a good idea to look at the whole Section 8.08. The Commission agreed to start looking at the whole ordinace as it applies to Section 8.08. Staff will have inforamtion available for the Commission to review at the next meeting. TREE ORDINANCE DISCUSSION Blake stated that this request comes from the Andover Tree Inspector, Ray Sowada, who thinks our current ordinance is inadequate. Blake stated he feels Andover needs some language added for developers so that when they come in, we have guidelines for tree replacement. The Commission decided to table this item until the next regular meeting. Ray Sawada could not attend the meeting tonight. , ~ :_) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (6121755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, April 24, 1990 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review a proposed amendment to the Zoning Ordinance that would redefine home occupations and establish conditions for their operation. Copies of the proposed amendment are available at Andover City Hall. Written and verbal comments will be received at that time and location. L~ (!~0 Victoria Volk, City Clerk ) Q er(y .,' '\ '-./ '\ If () db u-€--i ? . b/t1.lYl-L 0rDt:JcJ(F1 Pa,le. CI1 ur'/ /;Ct'&S ~ (CDf1 Rap/'ds ,c:/ 7)" ,--rY&n rTCu ('I e. .) . J-nuer (, ('{) v-e.. He.~9~ La k.e.. L/ die (rllnf/.ef([slcc f( a.-YY1ry tUa. (07)/ c:<.. L.<J oDd 6i"'i \_, j' ~ jWIVl {(f.f=,"S -iU")1A.c... Ocr. u.f4...hdYJ ,/""", ,.::::Lt..- (, ~':'-<'-l ----- 19;]'1 ?cl" 6 r.f11~1e. /4, G4(~ 37,482. SS; lqtf ~ .~ \'- ,~ ~~,J . -...,,). ~ '-.; " ~ IJ ~~ .,.., '"' ::.;V ~t- ( , .' ..,\;) t ...... .../ 1'" t f' \(;, "c,' v.' '-;ov \2.1 ,(, '-' '( ." s \\ 1"'-''1.- / \' I"fo\ J \!/t.f' V i...~v<" 'J I': \) \ ~v. J lIes 2rfl ~es bo; A-'D ye: /VO ~ e. tV I A foVc .Ir \)l';,ibLe. IV v ~fi~cL 10,457 yes jJo iuD s:f7. 41, 7?S' Al\) 3 Z 7 f)fc, yc-7) 7cf7, 21 ( '6st, ye'5 Lftfl 22, 707 ye;. bC? 3i 7u 1e..s td?- /)/717 '3/17.2 , /"l/1 (,/ YeS /07. yes ~% NO IUD yc..: fJ/Pr No I.Je.s NO yes IUD No rJO NO /JD rI/tr ft) 0 ;va I /( 0)./:vL.~ vuy p'gfy Icfn'e.. iL}Q IUO /V/~ J'''- ~ ,,' ",/1 / - / ;';..c:: ,'~ c'~"- fJ[, ND /(/1 ....' . "7 . /' . ::.">1 it ItJ L :.'7'tvf:.-/...o.".5S/~->--- If t: fVrJ Ve~ yes \Ie.~ /lO 3.:% ~1 r\ ,^\,' !\i" xv \" X" (~ \. 01 o-l'O\'" .\,J ~/~.... v' I) /p- tJ/~ It- ~ti.-tVl- <6p.'Vl r771-~ VA pJ / ff- IJ /9- 7:cO~- Ie: cO p.v--- jJ / r-r rJ4 /,v / /4- AJ/ 11 c.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 DATE AGENDA SECTION NQ Discussion Items ::~~7~OR / The City Council is requested by Gene Brown, property owner of 3546 and 3534 135th Lane NW, to discuss the park dedication fee that is required prior to Mr. Brown recording the lot split of this property. Currently, the lots are combined as one lot. ORIGINATING DEPARTMENT Engineering ITEM NO. 7. Gene Brown Park Dedication Fee BY: ~~ Todd J. Haas Attached to this item is the following: - Location of subject property. - Memo to Bill Hawkins from City staff. - Letter from Curtis Larson making interpretation of ordinance. - Letter from Bill Hawkins. NOTE: A memo from City staff to the City Council was given to you at the last meeting regarding properties that have had park dedication determined by the hired appraiser, Cu~t Larson, for both urban and rural areas. ) MOTION BY TO COUNCIL ACTION SECOND BY ~-~..-~- I .~ ..___. ___'__"___'_r'___~~.__~_______~_____'___ '-../ NO. 116) '" ~ . ."f-" "':;:' . '7r,,~ ,:~~' -:/ --~M ./ ,\' . p/ ...~-- /'. '/-r --:- t OF ANDOVER ~TY ~ ROAD . ~.t. ,.., .~ .. " ... .. :y;2. -oj J ;::2---(1:) (79MI .'~" , . . . ~^",U MEA7iow w.: PRo PE.I!T'I : v<!N~ /3;". ( COUNT'f, -! :c ~ <C :.: , 0 , 2: ~ <C " u. o >- l- t.) u. 01 Not,;: r-" _. ._.3!'...P!il!:.€!:'''' r I'MI'o (7~J"(...,,.tI,.. 'ri &I"'::" If'I. "r^~e..~ (l9Oil _ . ;,,,. .;,........,..;,_..f.;....:, I T..H S'I"". ill .IV : _ I (3f) ~ (311~A"1. CHW/~/. ~ /." i (44-) /. .0 9 ~I ~ IH!Ftf?; 'AVE. t--= ... i '''4(,1 I CI) (- ,.1 ~ ~ ~ tfAPNt. i .". I I " . (5dJ) (5;). ':. 10 ~ 9 I~ ~ A R7jJ- o .. I/,; 135 TH 'l, ;7;LANE N. ,.. ,"J iii ,.., (tJ) ~ ~7) 3 ~ I' I .:JJ;I._ _._. :1, '.' ~~ M (T951 1 , CREEK .:;,~~ ......;;.~J. . ::,...,.,.' .~ ....:...:.; .. (u) i..' ~~~,~ ,,,.,;!::J.. ~ .. ~::::-.y.,.,.~$;;.. .'i~'~J;O" ""'./.1.":' ~ ~ 1 ,- w .- ~I. - ~ ~I~ -I i ~ ~:ll " \ ~ .. .. " '! ~ ., .,. ,,,, .~.., ... 5 :~ (i,j I I ... 5 -, ~ ~ (24] .", .N ('I) 2 ", il' :~{ANE ~ , ~)~M, 10 I H ~ E/~ t AVE. N. \ · :JJ!lir.; ;I .. ;. #J ,1.11 . , J'J-*"'I I./.,,.J, 1~," .p' .'~ . ~ . ~ " 5 ~~ 5 "" " :=: II." ~ ~ ~-) :) CITY of ANDOVER MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Bill Hawkins Todd Haas ~li\ April 24, 1990 Park Dedication for Eugene Brown Property The City recently hired Curt Larson to determine the park dedication for Eugene Brown's property located at 135th Lane NW and Round Lake Boulevard. The property is l60 X 200. The property has been approved by Council to be split. Prior to recording, a park dedication is required. Curt Larson determined the park dedication to be approximately $2400. Mr. Brown is disputing the way the dedication was determined. Mr. Larson determined the land value based on existing improvements (sanitary sewer, streets, etc.l. See letter of April 16, 1990 from Curt Larson on how he interprets the ordinance. Please advise City Staff if this interpretation is correct. Q -; .,~ Curtis A. Larson Appraisals 6240 HIghway 65 Northeast Suite 207 Minneapolis, Minnesota 55432 (612) 571-1554 Apnl 16, 1990 }11". T,::>dd Haas Ci ty of Andover 1685 Crosstown Boulevard Andover, Minnesota 55304 R~: 'Appraisal of Eugene Braun Property 135th Lane Northwest and Round Lake Boulevard Andover, MInnesota 55304 Dear Mr. Haas: Thank you for the copy of 9.07 Parks. PlaY0rounds, Open Space and Public Use. (IDA - 9/13/74\. I am re~dering an opinIon as an appraiser ana not as an attornAY as :.rou realize. Section 9.07.5, the last Sent8nce, states "Such Recomm~ndation :3nall Be cased Or:. Th,:? Market.. Valu.J of the Undev910pad La!1d That Would Otherwise Have B~en Conveyed Or Dedicated." S8c:.:.on 9.07.6 l~arket Value of Lands. "Market.. Vnlue," for th8' ~ur?ose of this ordnance shall b8 determIned as of the time of the final plat withou~ lmprovem~nts, etc. I interpret this to ~ean at the time of the plat - which is ~Q~ and un,jeveloped to mean the :and area Q~~r as it &~:ists EQ~. Improvements, as I interpret it, mean3 no buildings: landscaping, driveways or other site improve~ents. Cndeveloped, as I interpret it, means as the land presently exists with no new survey's, platting, streets or other '" . 1" . U...l...l'C.le~. The questIon of speCIal assessments was referred to of September II, 19B9 regarding Kirby Estates PIal, Outlot A, Andover, Minnesota as follows: in my It?t..~er Pad:land and . \ 'J CURTIS A. LARSON APPRAISALS o '-Y . "- ',J . ) ,~. Curtis A. Larson Appraisals 6240 Highway 65 Northeast :3ui te 207 Minneapolis, Minnesota 55432 (612) 571-1554 April 1(3, 1990 M;". Todd Haas Page 2 A knowledgeable buyer would research what special assessments have been paid and what. special assessments would be charged when the land is developed. Also, a knowledgeable seller would be aware of ~hese facts but would still demand the market value of the present land market, and if the special assessments the seller paid were less, the profit would b~ greater and therefore would realize the optImum value of the land. Therefore, in my opinIon, my aocralsal of Mr. Braun's property conforms to the Section 9.07. SIncerely, ~ '~~ ~:~~~~~ Curtis A. Larson, eRA MInnesota Appraisers LIcense =4000302 cc: Mr. Haas Our F~l6 I?1670A CURTIS A. LARSON APPRAISALS tS:\ 'CJ MAY-11-9121 FRI 9:4121 P _ 121 1 VlW orncu Of' ." '1 'J Burle oHd haWKiHG IUITttOI allll COON ,"~06IOVLtvAI\D COON ,",,0&, IoIIHNUOTA IllS.33 rtlONt (112) '....2IIl1. JOIo4H '"'. .UIOIt<t WIL.UA1\4 G. HAWlCINS May 10, 1990 Mr. Todd Haas Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 ReI Value of Park Dedication Dear Todd: The following letter is written in response to your request for my opinion concerning the valuation of land for calculation of the park dedication requirements. It is my opinion that the value that is assigned to the land being platted is the value at the date of the plat. This land may be improved with sewer and water utilities, etc., however, the cash requirement is to substitute for land dedicated in the plat. If the City required land, the developer would have to give up land at the present value. Also, if the City were to purchase property within the plat, 1t would have to pay a price based upon the current value. Therefore the appraisal the City has based upon the current value with improvements 1s the correct method under the statute authorizing the City to require park dedication. Sincerely, 1??lE ~. @ WGH: mk Hawkins ,J .~) CITY OF ANDOVER REQUEST FOR COUNCIL ACfION May 15, 1990 AGENDA SECTION NQ Discussion Items DATE ORIGINATING DEPARTMENT Finance ITEM NO. 3. Howard KOOlick~ APPR~~ FOR AG ~ REQUEST The Andover City Council is requested to approve the attached resolution requesting a refund from Metropolitan Waste Control Commission for the Sewer Availability Charges paid from 1973 to 1978. BACKGROUND As City Council directed at the last meeting, I contacted Lois Spear from MWCC to determine the proper first step to receive the money the City believes MWCC is holding. She indicated that the first step should be the passing of a resolution by the City Council requesting the refund. Once the resolution is fqrwarded to MWCC, Ms. Spear will review the request and, along with another manager, make a recommendation to the Commissioners on whether or not to grant the request of the City. Since the refund program ended in 1989, there is the possibility that the request may be turned down. It sounded like if there were extenuating circumstances that would allow the granting of the request without setting the precedent of re-opening the program, staff would recommend granting our request. Please understand that this was inferred from my talk with Lois Spear and is not their official position. I have asked Ms. Spear to contact me with her recommendation prior to the Commissioners discussing this issue. If the resolution is approved tonight, the budget and finance committee will review it the second week in June and the Commissioner will act on it on June 19th. If MWCC approves the request, they determine the amount due the City. Commissioners will need to approve will then schedule an audit to After all of this, the the refund. COUNCIL ACTION MOTION BY ,~ TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 ~J A RESOLUTION REQUESTING THE METROPOLITAN WASTE CONTROL COMMISSION REFUND TO THE CITY OF ANDOVER ALL SEWER AVAILABILITY CHARGES PAID FOR PROPERTIES LOCATED OUTSIDE THE CITY ANTICIPATED YEAR 2000 MUNICIPAL URBAN SERVICE AREA BOUNDARY. WHEREAS, the City of Andover was required to submit to the Metropolitan Waste Control Commission sewer availability charges collected from 1973 through 1987 regardless of whether the property was served by the sewer system; and WHEREAS, the Metropolitan Waste Control Commission offered a refund program to cities to refund the sewer availability charges which were collected for properties not connected to the sewer system; and WHEREAS, the Metropolitan Waste Control Commission informed the City of Andover that it had no units eligible for the refund program since the Metropolitan Waste Control Commission had not received sewer availability charges for properties not connected to the sewer system; and WHEREAS, based on the above information from Metropolitan Waste Control Commission, the City of Andover took no action in regards to the refund program; and WHEREAS, the City of Andover has discovered additional information indicating that it had units eligible for the program since the City remitted to the Metropolitan Waste Control Commission all sewer availability charges collected for the period of 1973 through early 1977 and not all properties which paid the sewer availability charge during this period are connected to the sewer system; and WHEREAS, the City of Andover believes that the amount paid by these persons totals approximately $30,000. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby requests the Metropolitan Waste Control Commission refund to the City the sewer availability charges remitted to the Metropolitan Waste Control Commission during the period mentioned above for properties located outside the City's anticipated year 2000 Municipal Urban Service Area. Adopted by the City Council of the City of Andover on this 15th day of May , 1990. CITY OF ANDOVER James E. Elling, Mayor I .~ ATTEST: Victoria Volk, City Clerk Q ~ ,) Metropolitan Waste Control Commission Mears Park Centre, 230 East Fifth Street, SI. Paul, Minnesota 55101 612 222-8423 May 7, 1990 Mr. Howard Koolick Finance Director city of Andover 1685 Crosstown Blvd. Andover, Mn. 55304 Dear Mr. Koolick: This letter is regarding our telephone conversation of May 3, 1990 concerning the Metropolitan Waste Control Commission's SAC rebate program. In 1986, the MWCC approved a policy change to collect SAC only if central sewer service is available. The Commission also decided to refund SAC to communities during the period 1987 through 1989 with money now in the SAC fund for areas without sewer service available. To obtain the rebate money, a city had to forward an approved resolution to the Commission formally asking for a refund along with a map indicating the area and addresses for which the refund is being requested. This city resolution had to be adopted by the end of December, 1989 and forwarded to the Commission as soon as possible after adoption. The SAC rebate program ended December 31, 1989. The City of Andover had not applied for a refund by the deadline. In order to obtain a deviation to the SAC rebate program, a letter and City Council resolution asking the MWCC to make an exception to the program needs to be sent to Gordon O. Voss, Chief Administrator with a copy to myself so that it may be presented to the Board of Commissioners for consideration and action. If it is approved, the city would then have to submit a map indicating the area and addresses for which the refund is being requested. Staff of the MWCC met with the city of Andover on July 30, 1987 to discuss the rebate program and how the City of Andover would be affected by the program. In attendance at the meeting was Don Bluhm, Richard Berg and Sandra Selby representing the MWCC and James Schrantz and Don Almgren representing the City of Andover. .. ~ It was the Commission's understanding based on this meeting that the city did collect SAC for every new building permit issued and for every building that existed prior to 1973 at the time the sewer connection permit was issued. The difference was that the City only submitted the SAC funds to the Commission if the building was connected to the local sewer system. Thus, the city has collected money from homeowners located within the City's MUSA that was not forwarded to the Commission. The City was then asked if the money that was escrowed for these new homes was forwarded to the Commission when these homes connected to the sewer system and at what rate. The City didn't believe this was a problem but they Equal Opportunity/Affirmative Action Employer ",~(i) acknowledged that the possibility for a problem may exist and would look into it. "- ) An additional understanding that resulted from the meeting was that since SAC revenues were only forwarded to the Commission for buildings that were connected 'to the sewer system, the City in retrospect had already implemented the SAC rebate program. The Commission's rebate policy called for the refund of SAC at the rate that it was originally paid. For this reason the City had no claim for extra money. In addition to this meeting, a letter was sent to James Schrantz, City Administrator on November 16, 1988 again stating the Commission I s understanding of the above stated SAC situation between the Commission and the City of Andover. No one from the City cf Andover, has attempted to correct the Commission's understanding of this situation if in fact our understanding was incorrect. Per our conversation, I now understand that the city may have remitted SAC from 1973 through 1977 to the Commission for areas in which no central sewer service was available and will not be available for some time. Because the MWCC's rebate program ended December 31, 1989, a formal request and city resolution requesting the Commission to allow this exception to the rebate program needs to be sent to the Chief Administrator as stated above. This request would then be submitted to the Board of Commissioner's for their consideration. My estimate of the timeframe involved is approximately 3 months from the date the Commission receives the letter and resolution. This would allow one month to place the item on the Board's agenda and for them to take action, one month to conduct the audit and determine the findings and then an additional month for the Board to approve the disbursement. If there is any other information you need, please contact me at 229-2017. Sincerely, ~ c4-JfYO-A-/ Lois I. Spear Controller cc: Ray Odde Don Blume Teresa Willey Sandra Selby 5490ANDO .J ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 DATE ITEM NO.9. Capital Budget BY: ~l",mo" 1:' ~_L .. APPROVEDOFOR AGENDA BY' )l / AGENDA SECTION NO. Staff, Committee, rnmm; "c,; .~ ORIGINATING DEPARTMENT Administration The City Council is requested to review the proposed 5 Year Capi tal Budget. The principle items are Public Works due to the cost for large equipment. All other departments have been included except for the Fire Department. I have assumed that the Fire Department's needs are covered in the Proposed Bond issue. I have included the 1990 Fire Department requests for a 5-ton Military Vehicle and a list of other equipment requested in the 1990 budget. All capital equipment is presented as being financed through equipment bond for five years. All current and proposed equipment payments per year are totaled so capital expenditure can be uniformly budgeted and bonded for. It appears that an average of $157,000 per year of capital expenditures are needed. The General Fund will need to bond for $127,000 per year and the Sewer Fund for $30,00~ (Vac-AII Jetter) average per year for 1991 through 1995. The years shown after 1995 just show the bond pay-offs and not equipment needs to replace existing equipment; nor does it show new equipment that may be needed. COUNCIL ACTION MOTION BY ') TO '-, SECOND BY u r . u --.------..-----r'Fi(IPClS'1.:U--- FIVE YF.r-Ht CnPITAL EUUIPMENT l"XPE.NtlI1URE f'l.nN I : 1 ",~==....c,.,.=,":"",......."".::..""..r:""":.r="!:I"""""I'1I""=-r.l!i'I:"'="""':'t,."....."",===...,-==-=:s,..,.""..",.. '-:",,,,,,...,,,..:1"',, '... -""==="::"2"" =":I:=~",,,="',,,, _.......=....""",,,""",,."'...L1l.........U.""c""..:-r..a...........,, ::l:=!:I""====:O....'==..===...="."""""'= Coj 1 PUflCHrlSE I I I I I I I I I , c:.X1ST1NS-EClUIPMF.:N'1 I PRICE--.-t'3'JO--t~'31-.-tn2--'-"'3'3~ I 1'39"t I 1::1:1;,) I ,L;I'3b I l'3'3T--r---- ,I " I 0 ===e=~=..Ke.u........~~u..a~_..n_e.ft.n~=e~==Il~==.=z...==~==..~.r..ar-r.~=~~an_=~~...~~==~...z_=n=r.=.a.r.=n=~_cn.=e=acue===.=_~~=~====cr.==~e===== . 1979 John O@(!rB M<:ltor GradQ"'. I I I I I I I I 1 I 1o______..:~:._____~~__________________________1__________.______________________________________________________________________________ 111 / 121980 Ford Truck w/Ple.w, Win~h 1 :1 I **. I I I I 1 1 I Our .........,-00'1.1 nU'p.d\;;;e I I..), ,....'1.1 1..J, I....V l~, IwV l~, I~v I.':', ,....'1.1 I I II.---------------~~----------~-------------------------------------------------------------------------------------------------------- IS' I I I I I I I I I .1 J::I;;;~~~~;;-:;~~-~~~~-~-~~--------~----------~----:-----~----:::---~----:-----~----------~----------~----------7----------~----------~ ~OOO I 1 ftuq.lldl..ti' I 3,1"'0 I 3,1~v I .!., ,....'1.1 I .:iI".....J I ..."....'1.1 I ------------------------------------------------------------------------------------------------------------------------------------ " 211983 Truck w/Plow, Wing, . I I CV,VVV *.* I F1f:,'~ll &.lL.t: I J...., O(ll) l....,vvv l.....,VVV l~VV " " :1.5 0::"0::" J...t, 4~5" I I 1 R1!!p-hI...o::' I .. 211988 Truck w/Plow, Wing, .d. ~r I 8tW6 1 :n I I I I I I I" I 1 I ,. -~~:~_:~~-~:~~-~~--~:~:_--------~----------~----------~----------~----------~----------~----------~----------~----------~----------~ " " " .. OlO.!. I I 1 l.!,OO!j I I ... I I Rep-lcH..;u. J .!.,OOO I I '>,000 I I ~,QoO I I .!;,O...O I ----.------------------------------------------------------------------------------------------------------------------------------- " " "0 1-;11:)" L..rl~V., J;'I!UU. fie. I ... 1 tI.~~i""Ovv ...,VVV ...,VVV ...,vvv ~., \.IVV Jc:.,VVV ;: -t'-'!8:l f:;1.....v.., t:"l:II' -tHO I I I 12.,O~., I I ... 1 , ftvp-1......... I J z,ooo I I 3,000 I I .!.,OOO I I .!-;-OOl) I . 1 ~~ L..llev., .l;<ldIrJ. ,,! "'II r 1 I I I I .... I I I I ... .!.~ I l"ooo I .!., l:SO I I I I '\';:t..ldl..c I J.,...OV I J.,....06 I 3,......1.) I I--------_:_---------------------~-------~-------------------------------------------------------------------------------------------- =:1 I I I 1 I 1 I r I I ~:l:~~-~~~~~~~~~~------------------~----------~----------~----------~----------~----------~----------~----------~----------~----------~ :; - 1 r I 1 I I I I I I ej19B9 Ford I-ton, I1GO I I 1 I 1 I I I I I ;:j19B9 FOt"d 1-te.n, ff5Sa ~i------------------------------------------------------------------------------------------------------------------------------------ 'I I 1 .....-11 I I I I I I I 1 ,1970 FQrd DlJIl'lp Truck 1 55,000 l' Repl.acl:!' I 13,750 1 13,750 I 13,750 '1 13,750 I 13,750 I 1 I ---------.---------------------------------.----.------------------------------------------------------------------------..---------.-.----.---- " 'I I I I .....~ I I I I I I : ~:~:_:~=:~~-~::~=~~::::~~------~-_::~~~~--~----------~--~:~:~::_~---~~~:~--~---~:::~-_:_--~~::~-_:_--~~~:~--:_--~:~~~--~----------~ 101 I I, I I -II'''''' I I I I I I :;~~~~:_:::=~~~-~::~:~~--------------_:~:~~~--~------------------------~~~:~::_---_:::~~-----_:~:~~-----_:::~~-----_:::~~--~--_::~~~--~ :" 1 I 1 I I I I I I ,,,IFork Li ft, "305 I I 1 I I 1 I I 1 I : ,1----------------------------------------------------______________________________________________________________________________..:_ II' I I I ......':11 I I I I I I '1:U515 F.:.t~t1 Tr"actr::w 23,000 Replace 1 G,Z~O I 6,Z50 6,250 6,250 G,2~50 1 t: ----------------------------------- ------------------------------------------------------------------------------------..------------ .' I I ... I I I :c'tt5Z0 Massey Tri'c-tot~ I 25,000 RE'plltce I 6,~50 ("c50 e.,c50 b,250 1:----------------------------------------------------------------------------------------------------------__________________________ ...-... -,---' ;:; ~~~-~~-~:~~~::_---------------------~~~~~----------------~:~~~::_~--_:~~~~-----_::~~~-----_::~~~_._~--_:~~~~-_!._--------.--.---- ---- ._--~ .i I I I I I I I I I . :lIltt551 Trailer Tllndem I 1 I 1 1 I I I 1 I ,!---------------------------------------------------------------------------------------------~-------------------------------------- .... ...;tl5/19 Tl:"rc. Gt"c.IJnd Ma.~t(!'~5 15, (1)0 Replaco ~. 7:50 ~I 750 Z,730 3,7:50 .~: ------------------------------------- --------------------------------------------------------..----------------------- --..--.-.---------- " " ~1"S50 TC'lro Grc,l.JYld Master"s 15,000 ... J Rephee 1 3,750 3,750 3,750 3,750 ~._------------------------------------------------------------------------------------------------------------------------------------ ~in542 Oi'thla SWl?~per , ,------ ---------.------------------------------------------------- ---------------------------------------------------------------------- ...ISh"':ons 21,150 19,800 t t ----.---------------------------------------------------------------------------------------------------------------------------------- ,:Cc,rllputer 22,000 20,900 19,700' :::;-----------------------------------------------------------------------------------.---------------------------------------------.---- )1 ..!Fire DepC\rtMent Vlln 6,300 (,,000 5,&00 r' ----------.-------------------------------___________________________________________________________________________________.________ ,~. I I I I I I I I I I ,1 PROPOSED EQUIPMENT I I I 1 I I I I I I .----------------------------------------------------------------------------------------------------------------------.-------------- , ,. : Tr~ct;elt' [l~cl_.hc'e 5(1,000 1".UI.:tT"dsIi! I ~lilter~ I \------------------------------------------------------------------------------------------------------------------------------------ . ....... ~' St reo:?t Sw~ep~r 85,000 21,250 Zl,~50 21,250 21,250 .21,250 ----------_._~._--------------------------------~._-----------.------------------------------------------------------------~._------------ ....'" -r-'" 12, ~;OO I Patch i rIg Hot Box 50,000 12,500 12,500 12,500 12, ~,OO -----------------------------------------------------------------..--------------------------------------------------..-----------.----- ~-1--..- -~- *...~--.~-, f--- - -'1--- ._--~ ,-. 1-t'~n Roller 7,000 1,7~0 1,7:50 1,750 1,750 I 1,750 I I ----------------------------------------------------- ------------------------------------------------------------------------.----.- --- ; 1 V...c-Al1 ~lf.t t I,'r" , 120,000 I ,...... SE'\r~et. 30,000 30,000 30,000 ~o,ooo 30,000 ,----- I ---.--.--.'------------------------------------------------------- ---------------------------------------- ------.------------ ------------ '-; . I I ,.." I 1 I I I I t--- 3.l3obcat . I 17,000 1 I I 4,250 I "',250 I "',2~O 1 "',250 I '.,250 I I .1-------------------------------------------------------------------------------------------------------------_______________________ I ..... I :~::~:~-~~~~:-------------------------:~~~~~-J~------___________________::~~~______::~~~______:~~~~______~::~~______:::~~__~___________ ::I:~:~~~=:-~~~~~~~~~~~:~:~~~~~:~~~~~~~2l--~~-~~~--l:::~::~_l::i~:~__l~::~:_:~:_l__________l___~------l--------__l_________~l ;'1 I I I I ...... I I I I I I :j~~~~~~~-~~~~-~~~~~:~-~~~:~------~--~~::~~--~--~-------~---------~----------~--_:::~~-_:_--~::~~-_:_-_:::~~--~--_:::~~-_!._-_:~:~~--~ '.j 1..1: ".j 1 I..~ R 1 I I I I I I 120,Building Dep.rtfnent,;j\ --.... '1". 6,000 I I 1 1,~OO I 1,~OO I 1,500 1 1,:500 I 1,~OO I I j2f :::.1 1--------------------------------..:..------------------------------------------------------------ --------------------------.------------ ;~: .;.:..;!i I I I ....... I I I I I 1 1 ::u :,!SpedC\l Assl:'s!\rI'If'nts I 2,500 I I I E.2S I (,25 I E.2S J (,25 I 6.25 I I iT- ,.1------------------------------------------------------------------------------------------------------------------------------------ I" ';';1 . I I I I I 111111 I I I I t----;: .~:i~~~~~::---~-----~~----------~--~---:::~~--~----------:----------~----------~-----~----:----~~:---~----~::---~----~::~--~---~~::---~ I~: .:11 I I I I...... ~ I I I I I 1 ,~; . ..:GIS I 10, (100 1 I I I e, :;0(1 I l::, t;(I(1 I 2, ~.OO I 2, tiOO I l::, ti(\O I .'" ~o. --------.----------------------------------------------------------------------------------------------------------------------------- !'V "1'r~,ctJ~""1..'Sl.."''', I 1 IUI I I I I I 1, I I "2 Rec..,nditioned Military Veh1cle 1 35,000 1 I 8,750 I a,nso I 8,750 I 8,750 I 6,750 I 1 I ;:; ;1) ------------------------------------------------------------------------------------------------------------------------------------ ;.~ "lrFlr""'I'~fJ...rLIII~(IL I I R"'~ 1 I 1 I I I I I '''~ nEquiprlul'nt Miscelli'lneou~ I' 30,000 I I 7,500 I 7,500 I 7,500 I 7,500 I 7,500 I I I j"G ".1------------------------------------------------------------------------------------------------------------------------------------ !:.:. i7] I I I I I I I I 1 I :111 TOTALS 1.1 81,200 1 117,200 I 1.36,7;25 1 155,925 1 185,050 I ISS,S50 I 121,300 I 06,'925 I I:; ,..' ---------------------------------------------------------------------------------------------------------------------------.-----..--- ," ," ~, I I" '" ill :~~ ;2: !2' '" ::1' ..&. " i'. t" '!j i::1 .,., i:~j r.~' ~,I .,1 :~ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 ITEM NO./D. Lot Purchase DATE ORIGINATING DEPARTMENT Planning (j){~l~ BY: Jay Blak{l City Planner AGENDA SECTION NO. Staff, Committee, APPROVED FOR AGENOn i;1 BY: 1 J REQUEST The Andover Economic Development Committee will be meeting on Thursday, May 10, 1990 to discuss the proposed Commercial Park lot purchase by Northwest Steel Fabricators. A summary report and recommendation will be available at the meeting. MOTION BY ~) TO COUNCIL ACTION SECOND BY , 'J ~~ Q::o ~~ Q:~ }.. i- ~ ...Jo ~u U t5 ~ 8 ~~ ~2 .J ., << H ::"" n ~;~E f ~ ~::Hi 'I .. 00'" ~i ~~:!~!. r,.~!.n . ~,::C.~Ct :l~:;~~i ~,.-,-.. 1:':-:0: '::'~":"''Q. .. ';il; c....:.. ~ .. ~ .... .. ~ .o.c .... ~5iH~~:: :.P:..:U: :;::bl'l ~: lC... I:::.. iil~i~~:~ :,1:'L1 :"r:s~n lli;Hii .. :..t....:lo ........ .. ~.. .... ~ ,....c...c ::~ ~3:~ ~i.nsjl ! i r ,; i~.8.. l,_~. - I:: ~;~ .. " ..! 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'/ , , " ., ~. . c 8- ~~ " " , , I --.....\ .1:J:7U.1S. , , .- '. .. : , , , L- ...0'-----1 ,,,1 " l: ., I I I __""....:..'J!.,____J r--1'-U'- ~,~;.. I .'~~~~~ ~ ~ .~ I. i::i ~ &1'& ~ ... ~: ~ ~ ! I: , ' L___'l9;....'~,____J ... 'J"." I.",~O~. '" J!.:.!U I.U..O~. " 1_.', i...~jt:. ~ 1: ;.~:~ '& I~ tr) :: " , '- UD... '~_o,,~. I ;.:...~... : --:.......,.:/ . .. ~" , (Oi .ON m"(l!I- AJN/Y).~)) -~' --.-. I~ :: ~ ':!I -..J , \:':"1 ~ I ,I ...." 1 ,q r5'"' I~: :~ n~ ~ 1 a1.: ('::~ ., .' ~ ~ -a ~ ~ -~ ~ , ~ - 's -~ ~ . , ~ & . , I" ~~! , j .........~ NiQH3.1 __ I . ____~_~/i __-- n~~::.._-T-,I-I-T-T-l- 1..1..1 \ NCWCi7tt \ :7N'-':;:'1"" /1 )I;;;-S:'\ I IN3Xi.j' I I ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE May 15, .1990 ITEM NO. Recycling Agreement 11. ORIGINATING DEPARTMENT Planning e..- O; Cindy DeRuyter, BY: Recvclinq Coordinator ::~~g~OR / AGENDA SECTION NO. Staff, Committee . ",,,,inn REQUEST The City Council is asked to review and approve the Municipal Agreement with O.L.E.O. BACKGROUND The agreement states that the City of Andover is trying to start an environmentally sound yard waste program. The OLEO farmers will help by accepting yard yaste. When yard waste is d~livered to an OLEO farm, they will be compensated $1.20 for each non- compressed cubic yard of leaves. It also states that the yard waste must be clean. This is one method for handling the yard waste problem. OLEO is a group of Anoka County farmers, who use landspreading for disposal of leaves and grass clippings for fields. They are supportes by the Metropolitan Council and Anoka County. MOTION BY ,~ TO COUNCIL ACTION SECOND BY ~) \ ,-j . . (Q) lL ~ (Q) - '" ANOKA (OUlm ON.LAND ENVIRONMENTAL orrORTUNIllES 6912156 AVE. N.W. RAMSEY MN. 55303 MUNICIPAL AGREEMENT _ THIS AGREEMENT is entered into this ___ day of 1990 by and between OLEO, Inc. and i I. e. f! ~.+r.{.. 7. [(JJtd (Tr J<!.A..J (hereinafter referred to as "party of the secohd .art"). WHEREAS, the State of Minnesota has forbidden the disposal of yard waste in landfills; and WHEREAS, the State of Minnesota has adopted a policy of encouraging landspreading yard waste; and . WHEREAS, various cities in the state have. assumed the obligation of collection and disposal of yard waste; and WHEREAS, certain cities in carrying out their responsibility for yard .waste disposal have contracted with OLEO, Inc. to. accomplish the orderly and environmentally sound disposal of yard waste; and WHEREAS, the parties agreement to assure the disposal of yar~ waste. NOW, THEREFORE, the parties hereto agree as follows: hereto orderly .wish and to enter irito. this environmentally sound . , 1. OLEO,' Inc. shall provide the party of the second part with sites for disposal of their yard waste. 2 . OLEO, Inc. agrees, when. the party of the second. part has caused the yard waste to be deposited at a place designated by OLEO, Inc., to assume the full possession and obligatiori for disposal of the yard waste.that has been deposited and OLEO, Inc; assures the party of the second part that said. yard waste would. be spread and incorporated into the soil' in .an orderly' and ~nvironmentally sound manner. 3. The party of the second part shall pay OLEO, Inc. $~:lD for. every compressed cubic yard and $ /,;) 0 for. every non compressed cubic yard unloaded as hereinabove described. A billing statement will be submitted by OLEO, Inc. which shall be paid by the hauler within'ten (10) days of the receipt of said statement. . 4. It is presumed by the parties that said price . is'. predicated upon. the yard waste being free of non biodegradable material. If non biodegradable material is present, then' the party of the second part agrees to reimburse OLEO, Inc. for all costs incurred in removing said non biodegradable material at the rate o~ $18.00 per hour. Said payment is due and payable to OLEO, <) " ) Inc. ~3u days after said work is accomplished and the party of the second part notified of the cost incurred in removing biodegradable )l~teria~ consistent with, ~he h~reinabove described condi tions. \::j-J~r"- ~6-'Z..-'YYltLrz ~ ~ f~ 5. The parties hereto agree to submit any disputes arising from this agreement to arbitration conducted by and in accordance with the rules of the American Arbitration Association. 6. The terms and conditions of this agreement will remain binding upon the parties hereto for the balance of the calendar year 1990. IN WITNESS WHEREOF, the parties hereto have executed this contract this day of , 1990. OLEO, Inc. By PARTY OF THE SECOND PART: By 2 ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 DATE ITEM Revised Recycling NO.. Budget / :J-. ORIGINATING DEPARTMENT Planning . ~ Jay Blak~~ty Planne, BY: APPROVED FOR AGE.l'IPp' I , \.. BY: / ,/ AGENDA SECTION NQ Discussion Items REQUEST The Andover city Council is asked to review and approve the attached resolution that amends the 1990 budget. BACKGROUND Cindy DeRuyter has secured three additional grants for the Andover recycling program, including $20,860 for recycling bins and promotion, $5,000 for Drop-off Center improvements and $2,250 for yard waste removal. The total grant award from Anoka County has increased from $13,570 to $44,630. The Finance Director has assisted the Planning Department in preparing the enclosed resolution amending the 1990 budget. The resulting changes include: A. The City will sponsor four recycling days during 1990. In addition, the recycling building will be open 6 days a week for resident recycling. B. Five percent of the City Planner's time will be shifted from Economic Development to Recycling to cover monitoring and assistance with the program. Subsequently, these funds will not be expended and will be transferred to the City's Contingency Fund. C. The City contribution to the program will be reduced and the subsequent funds transferred to the City's Contingency Fund. The following items have been included in the packet: 1990 Anoka County Municipal Funding Chart Existing 1990 Recycling Budget Resolution Amending the 1990 City Budget MOTION BY ~ TO COUNCIL ACTION SECOND BY -' 0 10 10 10 0 0 10 10 0 10 10 0 10 0 10 0 10 0 10 10 ~1 0 <t M ,.... ro 0) " 0) <D ro 0 10 M 0) 0 10 10 0) 0 " '" ,.... I- <D_ M ro 10 '" '" " " ,.... M 0) M ro <D "'- ,....- ,....- "'- " N 0 " a; ,,- cri' ,....- cri' d cri' d 6 6 ,..: d cri' on M " " a; ~ I- " ,.... 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'" ~ U1 U1 0 ::> u u z " .,; '" 0 ~ c ~ ..., '" ~ c ... z >< '" ~ u '" 0- .... 0 '" ~ '" ..J '" ... c z x .... .... ... ... ..J " '" Z '" :> ~ 0 '" "- ... ., '" ... ., ... 0 '" " ... U) "- " "''' '" '" c ~ ~ c :> '" '" :> +J t:-11 '" 0 ~ ., 0- ... ..J " ~ " '" z U1 .....r1 tr. 0- S C '" 0. '" QI C 0- ~ 41 0...:: 111 0 ..J QI QI U Z .... .t::~ ... QI OIu.tI1U::: '" ~ s '" ~ ... ., ..J '" U ~ VI'r4 .... ..J ... 0 0. ..J U U) "'" .... QI '" '" .... ., c.... ~ '" ~ ... .... '" lO '" ...."'''' "'... ... '" ... " ~ .Q QI ... 0- 0.:> ... 0 '" '" ~"'U) QI.... 0 0- ~ 0 H ;S :l 0 '" E 0' 0 .,. 0 0. U]~U]:I:...J ... 0 o 0.. E-Hl. 0 ... u ~'" ... '" .... z '" ~ .,. ..., u '" ..J , 0 >< '" 0 ..........N.....M ONO.....M 0 0 u 'J z u ONNMM ONMU'lM M '" '" ~ .........rl......... NMMM~ '" '" '" ..J ... U U ..J ,.. '" '" u ..., ... '" m (471 0 '" ~ ... . , ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET. WHEREAS, The City of Andover believes that the preparation and adoption of operating budgets is sound financial practice; and WHEREAS, the City Council of the City of Andover adopted resolution number R194-89 establishing the 1990 General Fund budget; and WHEREAS, the budget established included estimates for the revenue available to fund recycling activities; and WHEREAS, additional information has become available indicating the City will receive increased funding for recycling activities, and WHEREAS, the City Planner intends to spend additional time monitoring the recycling program; and WHEREAS, the Andover City Council desires to amend the General Fund budget to reflect this additional funding and staff time required to monitor the recycling program. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby amends the 1990 General Fund Budget by increasing revenue from other grants by $31,360, reducing Economic Development salaries by $1,613, increasing the Contingency amount by $3,402 and increasing the recycling budget to the amounts shown on Attachment A. Adopted by the City Council of the City of Andover on this 15th day of May , 1990. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk / ,-J '\ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 ATTACHMENT A Description Object Code Salaries 101 PERA 121 FICA 122 Amount $ 10,100 429 758 400 1,250 250 1,300 125 6,000 6,498 17,520 $ 44,630 -------- -------- Office Supplies 201 Operating Supplies 210 Transportation 330 printing 351 Conferences/Dues 433 Contractual Services 406 Improvements 530 Equipment - Recycling Bins 582 Total Recycling Budget ~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 AGENDA SECTION NO. Staff Committee Comm. DATE ORIGINATING DEPARTMENT Finance ITEM NO. Funds/ BY: Howard Koolick ~ APPROVED FOR AGENT)~ REQUEST The Andover city Council is requested to discuss the purchase of an additional one or two terminals for the accounting system and approve closing the equipment fund. BACKGROUND REQUEST FOR ADDITIONAL TERMINAL On December 19, 1989 the City Council approved the bid by Business Records Corporation for the purchase of the computerized accounting system. The configuration bid included one color and one monchrome display station. During my presentation I noted that two terminals were adequate at the time of purchase, however a third terminal would be needed eventually. Since attending training and beginning to use the financial system, the two existing terminals have been used approximately 50% to 75% of the time. Not included in the time used is the management analysis that I need to do to supply meaningful and timely financial data to department heads and City Council. I hope to begin supplying this information once all the data from the beginning of the year is input. In addition, we intend to add the payroll module in June and the utility billing module in the fall. (Please note that these modules were part of the software bid by BRC, the City just has not installed them yet). The addition of both these modules will necessitate two extra terminals; one for the accounting clerk responsible for payroll since she also does regular disbursements and will therefore be at a terminal approximately 80% of her time and one for the utility billing clerk to replace the terminal she now has from the old system. This should complete the equipment needs for the accounting system for several years. COUNCIL ACTION ~ MOTION BY TO SECOND BY Below is a summary of the costs of display stations similar to the color and monochrome stations we currently have (IBM 3477 and IBM 0 3476-EAZ): 1. Business Records Corporation $935 per terminal (monochrome) $1,204 per terminal (color) 2. IBM $877 per terminal (monochrome) $1,120 per terminal (color) 3. Computerland $796 per terminal (monochrome) $1,067 per terminal (color) 4. CBM Computers $873 per terminal (monochrome) The above prices do not include cabling. I estimate that we would need approximately 40-50 feet of cable for each terminal. Computerland quoted me a price of approximately $0.50 per foot for the twinaxial cable plus $21 for the connectors. IBM recommended calling Custom Computer Cable who quoted me a price of $19.00 for the connectors and $0.34 per foot for the cable. Both bids include attaching the connectors and cutting the cable to the required length. I also looked at the price of a personal computer. While a personal computer can be purchased for much less than than the above prices, an emulation card would be needed for it to tie into the AS/Entry system we have. BRC charges $670 for the emulation card, while IBM charges $750. When considering the emulation card and PC, the 3476 display station is a less costly option. The funding for these terminals would come from the money remaining in the equipment fund prior to its closing, which is discussed further below. The following is a summary of the balance of the equipment fund: Balance 12/31/89 $ 48,384 Plus: Estimated interest thru 4/90 800 Less: Contract Price of BRC Bid 34,950 Furniture for System 500 Balance at 4/30/90 $ 13,734 CLOSE EQUIPMENT FUND All accounting funds have a life cycle as shown below: ) Creation of Fund ---> Revenue Generation ---\ I Close the Fund <--- Incurring of Expenditures <--I o The above analysis shows that approximately 11,500 to 13,500 remaining in the equipment fund. Since this fund has served its purpose and has no additional scheduled activity, the fund should be closed. In the 1988 management letter from the auditor, he recommended this fund be reviewed and closed if appropriate. City Council will need to decide into what fund to close the equipment fund. Options include the general fund, the permanent improvement revolving fund or the water or sewer funds. The origin of these funds are the 1987 equipment funds and a self insurance fund for the grader used by public works. Since the City repaired the grader in 1989 at a cost of approximately $11,500, it would seem appropriate to transfer these funds to the general fund. CITY COUNCIL OPTIONS REQUEST FOR ADDITIONAL TERMINAL 1. Authorize staff to purchase one additional terminal from the monies remaining in the equipment fund. 2. Authorize staff to purchase one additional terminal from the monies remaining in the equipment fund and include a terminal for utility billing in the 1991 budget. This will delay the implementation date of the utility billing module until spring of 1991. 3. Authorize staff to purchase two additional terminals from the monies remaining in the equipment fund. 4. Authorize no additional terminals at this time. 1. 2. CLOSE EQUIPMENT FUND Close equipment fund into general fund. Close equipment fund into permanent improvement revolving fund. Close equipment fund into water fund. Close equipment fund into sewer fund. 3 . 4. 5. Do not close equipment fund at this time. Closing this equipment fund does not require a resolution. It can be done by Council motion. I would recommend the motion be worded without a dollar amount since the amount may vary slightly once interest is allocated and the terminals, if any are approved for purchased. ) c) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 AGENDA SECTION NQ Staff, Committee, CommiC!C!inn DATE ORIGINATING DEPARTMENT Engineering -{1::t ~~ J H",,,,,, ::~~9[F-R ITEM NQ 14. Strootman Park pondinq BY: I The City Council is requested to discuss the parking situation at Strootman Park. City Staff has been contacted by a couple of residents living in the area regarding the parking situation. Apparently, the spectators watching the baseball games have been parking off the street portion onto the grassy areas along Kiowa Street which is causing property owners to do more maintenance to control erosion and keep up the nice looking ditches that exist. Attached is a resolution designating no parking on Kiowa Street NW from 154th Avenue NW to 155th Avenue NW. This resolution is allowed by Ordinance No. 33C. Two parking lots currently exist along 154th Avenue and this would force spectators to use these. MOTION BY .~~ TO COUNCIL ACTION SECOND BY u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DESIGNATING NO PARKING ON KIOWA STREET NW FROM 154TH AVENUE NW TO 155TH AVENUE NW. WHEREAS, the Council is cognizant of the public nuisance, traffic hazard, congestoin; and WHEREAS, the Council believes restricting the parking in the area will be a solution to the problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Kiowa Street NW from 154th Avenue NW to 155th Avenue NW be designated no parking. Adopted by the City Council of the City of Andover this day of , 1990. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk '1 ~ -- \ ',,_J '1 ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 33C AN ORDINANCE AMENDING ORDINANCE NO. 33, 33A AND 33B ENTITLED AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES ON PUBLIC STREETS IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Add to Section 1: Notwithstanding the foregoing restrictions, the City Council may 1mpose additional parking restrictions on streets within the City 1f 1n its opinion such restrictions are necessary to protect the health, safety and welfare of persons or property. Streets sub;ect to such additional restrictions shall be designated by Council resolut1on and such restrictions shall not be enforced until after posted notice thereof on such streets has taken place. Violation of such restrictions shall be deemed a misdemeanor. Adopted by the City Council of the City of Andover this 19th day of May , 1987. CITY OF ANDOVER ATTEST: ~ tv . /.7.,.~i(/ Je ry Windschitl - Mayor U. ;~~: "' . .i /!,./ .., ,'-- y' Victoria Volk - City Clerk ;1 ') '~ - , ~ ~\ i I .\ -. ~ ~ _~I! CASTNER -. I ~ . ,A~D~T/~N . t-REGl TE!!fO HEGIS7:EREO I -. -, ~ LANP.._S.'l!.IlI{~'( "'. __ ~ II h -=~ ~l-n_,:,,! -~\11J1 I! I -. -. ~ : 1L ..J.,,~ 1 I" _I _,SL Vq- ~ /f---l.?~t;S.\:~{ 1 I I _ ~_'~j Jl-- >-- -I-I--+--J- ~ _. e -. J .".. I f--. _ I _~~ 72-' ~ -:-- -:, J; I , \. .' ,_ ~ I I~,,_, R.L..' 'Ii. . ~ TI If I-- -j'(-'f0' . FdX'(. l l#r~~'rr- t-- ~ -" '"'IT ,:;\-,_r 'I IT, n... - ~JJ ./-}J '~I:..~ ~ ~ 'I<< ~ '--., l/ /-., '_ RNERl L:- '.' 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'~', J ~ 31 ~ T I 1'4, I lV'1."'\G' t.....!:I .: ' f . J . 1/7I'I'~ . j . I . I" , 7ir., '16' I . . .... I' z' ,'IT'" . "IL'.l'/ T'II"""";, "' ._.-' ::/. V" I ~ . ,_ . '''f'L g .' o or. " ~ ~ - . "", ,. I _______ / r?P " ~,;:;, ~:~~;~~:f.~ / \~~~Ll--h7 ^~~~X~,::;':,~ _\!,-________ ~.:1' . l<ll" '. ::J:'t:;r<;k~ ~ [1 ~ ~ . \.' !"f"'.j.I' ,\'---.!: >'.~/'I' , --.f; A I,ll ~ n::'i~~~', ri11i'''''~ ~ AN~k' CO '.1iJ ~" "",~,V/ .;. ~ ~ _~ . '.V.,,,,,.. ;..' :_ I;''''~I'BIIIN'-''''-'/< ''''~ ~ a ~""', 1/""7-./ / A":: "" ~'\ IT... CRE'EKRIDGi. I#. .. ~- . == t- '.~ I.'.... ph........ -'.01'1-1.1- ''''1-'' -fJ ..'. !=t= I tt{'f-~P:''', cSTlTC: , ----t--- ~I ===ft :.~~ .::;~~~ _'" ._~~l..L :h I I-i- ~.~v. t-' I . " '" _'.' _" I I 0Y/i''l-;~ '~7",,~,cK;;""';!'~ I . ...... /' COUNTY ROA ,116 ~ I . . AOCIITION . .1. '" I..... '.... , ~-... ""'.:JJ, ~~ ",""/ ", I .'I 'I j , I.. .. . .. .,. - , '7 J ''>-''''''1''...1 ' ~/:~' -;"~',_ I '::~t : . .'%J':~ 1'1 ~ .. ~ ~~~ . 'Ci1 ., -. J -.- ..~~ ~.. . '-- ~JJ-1l~ 0 ~ ~ ~'i~~t;: i~t ~t ~'. ~!'j"!:J.: l__~~~O'pL,A~~.i.r; ~,~~"'.'.I"I. ....... , ".. ,"Ii "" -T\ ~ ~:v ~ --t?-- - , /'\'''III.U H i IJJ Hili TJt~JI [I TJl":""_ I , ____ . Ht.IGH'S NwsmM il '! I IS:"!'..IJj l::r [I I gr' 11~ ~!f . //~ - . , "j. .;\.j'L'1 L -~ rP/'YE,- ~ r--r. L- t-(-H.'j!ffl r---: I ..L 'I f- . V~':':\"31\. I'f' - H/ I I _ :n 11:L =i r- L L-. L;.D L-...L ~ l I .>f-E ffO~: I -~) f'r= C) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 AGENDA SECTION NO. Staff, Committee, rnmm;<:<:;nn ITEM 15. Schedule Meeting: NO. city Council & Park Board DATE ORIGINATING DEPARTMENT Engineering ~ .{~ BY: ~ J ~;",<: ~~t1\D FOR BY>}~ c/ The City Council is requested by the Park and Recreation Commission to schedule a work session to discuss the following items: * Ordinance 10, Section 9.07, Park Dedication Requirements; specifically Section 9.07.6 (b) (hiring of appraiser) and Section 9.07.11 (Metes and Bounds Lot Splits). * Kelsey-Round Lake Park. The Park and Recreation Commission is looking at the possibility of developing the park and acquiring property as part of a grant. Also, the Commission would like to discuss the thoughts and/or exchange ideas for the development of this park with the City Council. * Capital Budget for 1991. * Comprehensive Plan. * Future maintenance of parks. COUNCIL ACTION MOTION BY . "- .~ TO SECOND BY '0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 AGENDA SECTION NO. Staff Committee Comm. DATE ORIGINATING DEPARTMENT Finance ITEM NO. $2,500,000 Howard Koolick tK ~':i.~'I,&OR REQUEST The Andover city Council is requested to authorize the solicitation for bids for a $2,500,000 bond sale as recommended by the city Attorney. BACKGROUND Attached is a recommendation letter from Bill Hawkins. The proposed bond issue is to finance the portion of the 1987 temporary bonds. The amount proposed, one-half of the original issue, represents the portion of special assessments yet to be collected by the City. The resolution required will be presented by the attorney at the meeting, if it is not available before assembling your packets. MOTION BY "J TO COUNCIL ACTION SECOND BY '0 ,J LAW OFFICES OF Burke Ilnd Jlllwkins JOHN M. BURKE WILLIAM G. HAWKINS SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA 55433 PHONE (612) 784.2998 April 27, 1990 Mr. Howard Koolick Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: $2,500,000 General Obligation Temporary Improvement Bonds, Series 1990A Dear Howard: Enclosed herein please find our recommendation letter with regard to the above referenced bond issue. Please distribute to the mayor and councilmembers and have it placed on the agenda for the May 15, 1990 council meeting. Hawkins WGH:mk Enc. LAW OFFICES OF ~J RUfke oud Jlnwkius JOHN M. BURKE WILLIAM G. HAWKINS April 27, 1990 SUITE 101 299 COON RAPIOS 80ULEV ARD COON RAPIDS. MINNESOTA 55433 PHONE (612) 784.2998 Mayor and Members of City Council Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 Re: Recommendation for issuance of $2,500,000 of General Obligation Temporary Improvement Bonds, Series 1990A Dear Mayor and Councilmembers: On August 1, 1987 the City of Andover issued $5,000,000 of General Obligation Temporary Improvement Bonds, 1987A for the purpose of funding the following improvement projects: 87 - 3A 87-3B 87-3C 87-2 87-4 87-7 87-8 87-l0A 87-l0B 87-11 Bunker Lake Blvd. Crosstown Coon Creek Hills of Bunker Lake Woodridge Shady Knoll Kensington Estates Water Well *3 Pumphou se #3 Elementary School utilities Pursuant to our recommendation on June 30, 1987 temporary bonds were issued since these projects were constructed to serve a large area of new development within the City. It was antici- pated that a substantial amount of prepayments would be received by the Ci ty since assessments have to be paid in full on new subdivisions within thirty (30) days following the issuance of the certificate of occupancy. We have been advised by Howard Koolick, the City Finance Director, that as of December 31, 1989, the City has the following funds available for payment of these bonds: "- ) -, ,-~ Mayor and Council April 27, 1990 Page 2 Debt Service Fund Construction Fund Water Trunk Fund Sanitary Sewer Trunk Fund Total $ 1,250,000.00 500,000.00 359,400.00 390,600.00 $ 2,500,000.00 As planned the City has received a substantial amount of prepay~ents and we are able to reduce the amount of debt outstanding for these projects by 50% by use of existing City funds. The remaining $2,500,000.00 must be refinanced until additional assessment collections are received by the City. The City has two options in considering the refinancing of the unfunded existing debt. They are as follows: (1) The City may issue permanent long term financing to cover the costs of funding the temporary obligations, or: (2) The City may issue a second temporary bond issue for a period of three years. It is our recommendation that the City issue general obligation temporary improvement bonds at this time. The reason for our recommendation is that a great deal of these projects are for trunk sanitary sewer and water services which are funded through area and connection (unit) assessments. These benefit a large area of new development which is anticipated to be constructed within the next two to three years. As with the first temporary issue a substantial amount of prepayment is anticipated. When the second temporary issue matures it is likely that a sub- stantial reduction in the amount of outstanding debt can be made at that time. Also the issuance of temporary bonds would keep the net interest rate lower than if long term definitive bonds were issued. Furthermore, the City assessments that were levied for these projects were assessed at 1% over the interest rate bid on the temporary bonds. If long term bonds were issued at this time the net interest rate on these bonds would be substantially higher which would require the City to reassess all properties which have outstanding assessments to increase the interest rate on their assessments. I would, however, anticipate that the interest rate bid on these temporary bonds would be approximately the same as the temporary bonds issued in 1987 which should require n.o change in the assessment roll and the need for a supplemental hearing. The disadvantage to issuance of the temporary bonds is that the City will incur the issuance costs for this temporary issue as well as the issuance cost for a long term bond issue in three years if it is needed. I would expect this would add between $65,000.00 to $70,000.00 of costs to the project: however, this cost can be funded from the existing funds that are in the construction account. Also, the lower interest rate on the 'i / Mayor and Council April 27, 1990 Page 3 ~ temporary bonds should offset this cost. The second disadvan- tage would be the possibility that if the City is required to issue long term bonds in three years that the interest rate for bonds at that time would be significantly higher than the market at the present time. The City would be able to respond to this change in market conditions, however, by re-assessing properties who have not paid these assessments by increasing the interest rates accordingly. Since the majority of the properties which were assessed for these projects are developers, this would not be as controversial as it may at first seem. In order to provide the City with flexibility concerning the interest rates, we will provide the call feature in the bonds which allows the City to call them at the end of the first two years and any time thereafter. This should provide additional flexibility in time of the refunding of the temporaries to correspond with the change in market conditions as they relate to interest rates. The City is currently rated "Baa-I" by Moody's and we do not anticipate an improvement ~n the rating. As you are aware the Anoka-Hennepin School District has recently had a decrease in its bond rating. While we do not believe this should have a substantial effect on the City of Andover, nevertheless, it may be taken into consideration by Moody's in rating this bond issue. We would recommend that the City obtain another rating from Moody's Investors Service since it will be necessary for the marking of the temporary improvement bonds. The bonds would be dated July 1, 1990 and the first interest payment would be due on January 1, 1991. Interest would be due thereafter on July 1st and January 1st of each year until July l, 1993 when the entire temporary bond issue would mature and must be refinanced, unless called earlier as set out above. ~ve are recommending that the City authorize the taking of bids at their meeting on May 15th and that the bids be considered awarded on Tuesday, June 19, 1990, at 7:30 p.m. at the Andover City Hall. If the award of bids is made on June 19th, funds will be available in time to meet the maturity date of the out- standing bonds of August 1, 1990. If any members of the Council have any questions regarding this matter, please feel free to contact me. WGH:mk , , ) '~~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 AGENDA SECTION NO. staff, Committee, DATE ORIGINATING DEPARTMENT APPROVED FOR AGEND ITEM NO. 17. Receive Quotes/AAA BId . Electric Sr' BY: Engineering .(1)(< The City Council is requested to approve the installation of single phase underground from the pole along the west side of City Hall to a transformer which will set near new building. The service line from the transformer to the building is included in the price. Total installation cost is $1,277. Optons 1. Require Andover Athletic Association to participate in the cost. 2. Take $1,277 from the $20,000 contingency fund. 3. Use park dedication funds. 4. Do nothing. NOTE: The Andover Athletic Association has indicated any other wiring would be done as part of the construction of the building. Cost for installing overhead single phase is $ 693.00 MOTION BY .,J TO COUNCIL ACTION SECOND BY 05/10/90 15=29 G /P"E' z: 612 421 1343 ""Z~- ,C) ~HOK~ ELEC CO-OP 7 ;;L> 02 .~ QUESTIONA.BLE PEIti'lANENCE - MOl IT LeAD UHARGESI (membership & new service fees not incl) , J$(J I 3~O Of! tin~le Phafle Standard Fee Total footago X 1.75 rt ~~~~~~..~t~,-~.r Total Charges Refunrlable Portion, 1.75 rt up to 300 ft. un Single PhAse Standard Fee - ell Bourcl'! un Souroe Footage to 800' X 3.00 ft Footage after 800' X 1.00 ft 41!lt{tf:~(~~i1'f=1o,,2"4" Total Charges Refundable Portion: 3.00 ft up to 300 it. Oft Three Phase .... T Standard Fee Total footage X 2.50 rt Addit1.onlll Special CharF,6s Total ChAr [tea Refundable Porti,on: 2.50 ft up to 600 ft. , un Three Phase ,J Standard Fee Total foot,go X L.oo ft Additional Special Char~eA Total Charges Refundable Portion: 4.00 ft. up Lo 600 ft. ': i I. , I . '100.00 ~?P: ot1 /:> e>() '11.6,9.5> ~ ~ ?ir/l~ t(J,f' 6~r 11 5",J.S" DeJ ~?J- -0 ( 2.00) (- 1.00) ~,;, . <I" /~ ", #/~??A1 , ?tJtI~ 100.00 ~ 500.00 ~,;,,~ "6: e(l1f,.. ~ &/g,;)I:>/f4~E ~#R ~ y"'''A'S ~ J"lj P?d~ ~ ,h,rC, & ~ 7d ,;?~ ~, ~e &'i/!.U/b,9~~t/F ~b-";6'N ~d YE#A' nR 5" y,.eS u CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering .-(5-*" FOR ITEM NO. 18. BY: The City Council is requested to accept a quit claim deed from Troy D. Olson to the City of Andover for road purposes. See attached deed for description and map showing location of the easement. Mr. Olson will be constructing a home on the lot and the certificate of survey does not recognize 181st Avenue under ownership of the City of Andover. MOTION BY ~_) TO COUNCIL ACTION SECOND BY _ f.p!!!:'1!.~28:.~=-aullclAIM OEEO Individual 15110 Corporal ion orPartnflrshlp Mlnnuo~._.l!n!!o'm.ConYfYSn~~!,ll_ n!sn~,!, (l ~-'_~) _____ . MiII~r-D8..1~ Co~. Mi........"p...li5 :0 No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19_ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: lI.['T; 1 ?t;" ,19 ----'lll (reserved for recording data) FOR VALUABLE CONSIDERATION, Troy n Olson. sinalp- lmaritalsllltus) , Grantor,*o), hereby convey (s) and quitclaim (s) to Thp rity of Annnvpr a rnrrnr~t;nn real property in 1\ n n k;:l under the laws oC Mi nnpsnt,q County, Minnesota, described as !ollows: , Grantee, An easement for road purposes over the North 33 feet of that part of the Northwest Quarter of the Northwest Quarter of Section 5, Township 32, Range 24 described as follows: Beginning at a point on the north line of said Northwest Quarter of the Northwest Quarter distant 1633.5 feet west from the northeast corner of the Northwest Quarter of said Section 5 (being the point of intersection of said north line with the northerly extension of west line of AZTEC ST. N.W. as shown on the plat of CEDAR 1I1LLS RIVER ESTATES SECOND ADDITION); thence south, along said northerly extension and along the west line of said AZTEC ST. N.W., a distance of 264 feet to the northeast corner of Lot 3, Block I, said plat; thence west, along the north line of said Lot 3. a distance of 330 feet to the northwest corner of said (if more space is needed, continue on bllckl together with all hereditaments and appurtenances belonging thereto. i\rrix Deed Tax Stamp Hert:' Troy D. Olson STATE OF MINNESOTA COUNTY OF ANOKA } 55. The foregoing instrument was 89knowledged before me this 25 t h day of Apr i 1 by Troy D. Olson, a SIngle person ,19~, '-NO-TARIALSTAMPORSEAL' (OROTHERTJ'iLi on' RANK) . I I I , Grantor r&}. SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tu: Ststemenh lor the u.1 property de.crlblld In thl. Instrument should be "nt to (lncludll nlITls .nd .ddren 01 Guntn): __I THisINSTRUMENT WAS DRAFTW BY (NAMEANDADDRESS): 1 Robert Munns 2150 Third Avenue North Suite 20 Anoka, MN 55303 '-) I 1- ,,~..t (legal continued) o Lot 3; thence north, along the east lines of Lots 2 and 1, said Block I, and along the northerly extension of the east line of said Lot I, a distance of 264 feet to the north line of said Northwest Quarter of the Northwest Quarter; tllcnce east, along the north line of said Northwest Quarter of the Northwest Quarter, a distance of 330 feet to the point of beginning. \ j (3) 263/./6/1e5 .s. I"~"'.I'~I. ......... 19,.~dr A(l~' 4<'~.## , ........ ::;, <;60 ~.,o / r",.) ~ ." . :! .; . . ,> ,~ . " " ~ . OJ 'i (;,t) I L1f\ ~ '" t ~ . . ;, ~ ~ .. .. " ., &~3.,c;9' -J. n..r"J.~.4. ;;; J. 69.S'".J'B. 0<> 2 .,; ,I- ". ~. . ". .J.8r.r'JJ1"r. (9 3 .~1ft ".. ."Gf '" ~, 0"1) , " " 0 '" , .. "," ~.~ .. (lJ) 2 ..1,,".4"'4 . 'l' 6 ~) .:t ---... ....-.-..__.- ". ...~. 2."4'''~'' 4. J,s " " , ~) . ADDIT/ON 7 ~"" "" ........1~ g~"'T .s. '.-'J""J~-": ""'-;"'.'Y 118 TH LAN E ...,. / (5) /2 ------- .'...r. 7:.... _ 'ot ~"".c"o.. ~ . .... ";70' &:r.. ~) /3 P9L ~<?wr~nce B. .::'.,..r/...""" I -- o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Nnn..n;..,........;",.., T+-om.. Engineering APPR6V,I Eu.../ FOR AGEND..~rA I \) .' BY: / ITEM NO. 19. Water Surface Use Manaaement BY: .1"m..", R C!,..h..",..,+-~ The City Council is requested to consider if there is a need to regulate the water surface use of various waters in the City of Andover such as Round Lake. The DNR held a meeting with the residents along the Rum River. See attached notice. The Rum River has to be regulated by Anoka County and to date the County hasn't deemed it necessary because there wasn't an agreement between Anoka, Ramsey and Andover when the Lower Rum River WMO worked on the "No Wake" ordinance. The City of Anoka is in the process of passing an ordinance regulating the part of the Rum River that is totally in Anoka. If Anoka regulates the Anoka section it may take care of the concern the LRRWMO investigated. The Councill may consider sending this item to the Planning and Zoning Commission. Attached: Memo from d'Arcy DNR Notice DNR Letter, 7/89 If the Council wants them, I have the "Water Surface Use Rules and Statutes" and a model ordinance and application from the DNR. COUNCIL ACTION ,- '! MOTION BY TO SECOND BY ...J ,) ~) ~' CITY of ANDOVER M E M '0 RAN DUM To: James E. Schrantz, City Administrator ('.'! LJ) ;;(/1/ eLI/- ~ From: d'Arcy Bosell, Zoning Administrator In Re: Water Surface Use Management Date: 17 April 1990 As a part of the Rum River workshop held on April 16, 1990, at Ramsey City Hall (also scheduled for April 18, 1990 at Andover City Hall), Anita Twaroski from the Boat & Water Safety Section provided to each participant a copy of a model Water Surface Use Management Ordinance, applicable Statutes, etc. I would like these materials forwarded on to the City Council for their information. Perhaps consideration should be made and adoption of something similar pursued in light of the event on Round Lake approximately two (2) weeks ago. This would certainly assist in the enforcement of such inappropriate uses. cc: Jay Blake, City Planner I '-<-..-c. u. -.-.--....~~...., ~ STATE OF [N][N]~~@LJ~ DEPARTMENT OF NATURAL RESOURCES d/}/C: u)"riw/7.,/,-;' ')1~;p ~ ,J DNR INFORMATION (612) 296.6157 500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA. 55155.40 / " V To Whom it May Concern: Each year the Minnesota Department of Natural Resources (DNR) receives numerous inquiries regarding water surface use management. ~ This letter is intended to provide general information concerning the rules and statutes that may govern the water surface of lakes and other waterways in Minnesota. Water surfaces are managed through numerous statutes and rules. Minnesota Rules parts 6110.3000-.3800, Water Surface Use Management (WSUM Rules) describe the goals of the rules, requires an assessment of the water surface use conditions, and establishes water surface management standards or parameters which may be included in an ordinance. For more specific information, a copy of the statutes and : rules are enclosed. . '~n..~~~o.,..YJ~J. ',u..'~~~~!li.t..Af~~{m. '~la. t i pg ;:..p.. :m~.qQ~j. 09:;..". ~r~f~~.."'.~.~:tQ..gZ~Ji!l~.r.91.~'{\ Jor;,~'1~MJ'l;~H.~f!SIP.'~~I}J~~~~~S;'t,~~~.~J91J QI1J!J9 ~ ~ nfo~atJ 00.10' tIle. 'pNIli1 fo!,_ r:evJ ~~d PX.l or,:1,to'ado~ i ng ::.U!:Ep'o~_e~_~~!1.,~~dl~~~~e. ~ 1. Water surface use ordinance worksheet with a map of the lake highlighting the areas to be regulated. 2. A statement evaluating whether the information reveals significant conflicts and explain why the particular controls proposed were selected. 3. The proposed ordinance. 4. A description of the public hearing held concerning the proposed controls, including an account of the statement of each person who testified. . If more th~J) ofl~,Q,g~~rn~lW1Hl unjt,j~,.jrJP.JYE!~Lt~ ~dopting an ordl nance, th~n/~it.~.!l.e;.g"a}'...e...t;~!lteL;.Y_Qjt~;J!1U~.t;il:.gr~~wl th the proposed ordi nance and \ai;lop'tdQentl~aLprdi nances~ All toe governmental units must submit therequrrecr~informationto-the DNR for approval. . Enclosed! . is an example of a WSUM ordinance~ If for some reason DNR denies the proposed ordinance, then the denial will be in the form of a letter which will explain the reasons for denial. The governmental unit may amend the proposed ordinance in accordance with the denial letter and resubmit the proposed ordinance for a second review by the DNR. AN EQUAL OPPORTUNITY EMPLOYER ...._.__....~........,... - 2 - The DNR will notify the governmental unit in writing of approval or denial within 120 days after receiving all of the above information. Failure of the DNR to notify the gove~nmental unit shall be considered approval. The governmental unit adopting an ordinance must provide for notification of the ordinance to the public, which involves placing signs at public watercraft launch sites outlining essential elements of the ordinance. Governmental units desiring further information on water surface use management may call the Department of Natural Resources, Boat and Water Safety Section at (612) 296-3310 or me at (612) 297-5708. Sincerely, aU~ ~a~' Anita Twaroski Boating Staff Specialist Enclosures 07/89 ~ STATE OF [N]0'8~~@ir~ DEPARTMENT OF NATURAL RESOURCES ~/~, ----- /'>,,&b"'-i-.___________ \i~e--i/ ~mNF5OI.'Y~ 1990./ "/ ~ DNR INFORMATION (612) 296.6157 500 LAFAYETTE ROAD · ST. PAUL, MINNESOTA. 55155.40 INVITATION TO RUM RIVER RESIDENTS In April, the Department of Natural Resources, in cooperation with local units of government in Anoka County, will be holding two workshops for Rum River residents. Similar workshops were held the past two years. This year's meetings are planned as follows (see map on reverse): Monday, April 16, 1990 7;00 pm City of Ramsey City Hall 15153 Nowthen Blvd. NW Ramsey, MN 55303 Wednesday, April 18, 1990 7:00 pm City of Andover City Hall 1685 Crosstown Blvd. NW Andover, MN 55304 You are invited and encouraged to attend either of the above sessions. The focus of the workshops will be to provide you with useful informational materials and advice for activities which you may be considering, such as installing a stairway or a dock, landscaping, . or protecting your riverbanks. Additionally, this year we will have a representative of the DNR Boai and Water Safety Section talk about water surface use, no-wake zones, and how water surface use ordinances can be adopted. Please bring your questions and ideas. We'll be glad to listen and discuss them with you. Following the presentation, representatives of the DNR, Anoka County Soil and Water Conservation District, and the appropriate city or county staff will be available to help you individually advise you of available assistance, work out your ideas for improving your property, and outline the necessary procedures. The enclosed fact sheet gives a brief description of the local permit requirements and should be a good place to start when looking for answers. If you have any questions, feel free to call Shoreland Hydrologist Sandy Fecht at 297-2401, or me at 296-7523. We hope to see you at the workshops! ~' t!:7 Tom Hovey Area Hydrologi t :J AN EQUAL OPPORTUNITY EMPLOYER C.ZTY OF ANnOVER CITY OF AA M S e r ~ ) NORTH ~ " 14 ~ o I CONS AHj;I = e I - ci . nz N... I :: Ii ':': a:: ,.: I ..,."... '" ~-- ~ z ~ ~ z 2 [ST AV I I U4T14 LA.. " . ~ ~ - . . . . 2,6 I ~I lUTHU.Iil.W. . " 3 . . ; IUTN ;. AWl. N.W. BUN:EA i - ,.. '" \ V CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 DATE ORIGINATING DEPARTMENT AGENDA SECTION NO. Engineering ..("5* APPROVED FOR AGnD~1 B'. ~ ITEM NQ 20. Request Speed Stud BY: The City Council is requested to consider requesting a speed/traffic study along 133rd Avenue NW between Crosstown Boulevard and Hanson Boulevard. Currently, the speed limit allowed is 55 mph because areas along 133rd Avenue NW do not meet the state Statute 169.01, Subd. 59 which defines an "urban district". The City of Coon Rapids will be considering this at their next meeting. F .... MOTION BY TO COUNCIL ACTION SECOND BY '---./