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HomeMy WebLinkAboutCC July 3, 1990 .~ '\ 'J **************************************************************** *~***********~************************************************~* ~~ ** ~~ ** ~~ ** ~~ >t* ...... ** ...~ >t* :: WHAT'S HAPPENING ?J6'b':: ~... >t>t ...~ >t* ...... >t* ...... ** ~~ ** ...... >t>t ~... >t* ...~ ** ~~ >t* ...~ ** ...... >t* ...... ** :: Union Labor Agreement :: ...... >t>t :: The Union was notified that the City Council :: ...... approved the contract subject to the Union ** :: approving ~he Anoka County Summer Youth Program. :: ... ** ...... ** ...... The Union responded by phone (Business agent >t* :: Larry Bastian) and also by letter (attorney Gary:: :: Bastian) stating failure to execute the:: ~~ neg6tiated labor agreement is an unfair labor ~~** :: practice (see attached letter). :: ...... >t* ...... >t* ...... Andover's representative, Cy Smythe, responded >t* :: to the Union's attorney the city's position. I :: ...... will have a copy of Cy's letter by the Council ** ...... ** ...... meeting. ** ...... ** ...... ** ...... Frank contacted the county about the availability ** :: of youth for the Summer Youth Program and was told :: :... it is late in the season and we probably will not ** ...: be able to get youth at this time. It will, of :: :: course, depend on the ability to resolve the issue *: :... of the Union signing the release. The Youth progra~* ...: will not replace any existing or potential full time:: :... employee nor affect their overtime. *~ ... *~ ...... ** ...... ** ...... ** ...... ** "'", ** "'", ** :'" ** ...'" ** ",'" >t* ",'" ** ...'" ** ",'" ** '" ** "'... >t* :'" ** ",'" ** '" ~ "'... ** ...... ** "'", ** :'" >t* ... ~ "'", ** :'" ** '" ~ "'",*************************************************************>t ................................................................ .~ .~J GARY W. BASTIAN ATIORNEY AT LAW Suite # 502 3001 University Avenue S.E. Minneapolis, MN 55414.3383 Telephone (612) 331-8955 Fax # (6~2) 331.8948 , ';., ~. ',' I" , 'I il '," Ii,. ,i ~~'~ :... - ~1 t.~ } ~ Lt~~ \~I/ J:..""l"-.! ,.."". j .i~ ~1~"~"'.;";"I~;;'ll I I , I I I .... . CITY OF /' ~,~.,""r!\/r:-.'" ~4-~- 1::'$ 2.. June 26, 1990 James E. Schrantz City Administrator City of Andover 1685 Crosstown Blvd. N.W., Andover, Minnesota 55304 Re: Andover/Union Labor Agreement for 1990 Dear Mr. Schrantz: Your June 25th letter to Lawrence M. Bastian has been referred to my office for response. Your letter indicates the Andover City Council gave conditional approval to the Minnesota Teamster Public and Law Enforcement Employees Union, Local No. 320 Labor Agreement covering the City's Public Works employees. In a mediation session conducted on May 6, 1990, by the State Bureau of Mediation Services [Case No.90-PN-648] City of Andover representatives made an offer of settlement. The Union brought this offer to its membership in good faith. The offer did not contain any mention of the Anoka County Summer Youth Program. According to Mr. Lawrence Bastian. at no time during the negotiation or mediation process did the City or its representatives (Jim Schrantz or Cy Symthe) place this issue on the table. Mr. Lawrence Bastian has contacted the State Mediator Ken Palmer. Mr. Palmer's records show no mention of this issue being brought up or settlement being contingent on the Union's approval of the Summer Youth Program. PELRA requires the public employer to implement an executed Labor Agreement. Failure to execute the negotiated Labor Agreement is an unfair labor practice. Q - 55;2. Fax w ~ver 155"- 5/CO 7'55- 89~3 () ,~J Local No. 320 believes the 1990 Labor Agreement is settled and should be implemented immediately. I have been instructed to pursue this matter should the City delay implementation beyound the next regularly scheduled City Council Meeting. cc Lawrence M. Bastian Ray Sowada / n '-Y ...~,;., ,;.;. ,... 00/29/90 14:02 FAX 612 546 1552 LRA ~OOl '. .~J LABOR RELATIONS ASSOCIATES. INC. 7501 Golden Valley Road Golden Valley. Minnesota 55427 612/546.1470 FAX: 6121546-1552 June 28, 1990 Post-It~ brand fax transmittal memo 7671 ~otp39.'" a.. T~i0'"". ~-\\~{\\\'\z:.. FI'<l"t..V ~1~:-'\(J,'1.-Q. co. r\ _ \_. -0 _ Co. Cfl-A . f--l:< .("'(.. ~ ' Oept. PIlOn.' 'O-lL. - It-[70 raxt 1.55-~ rnx:-; L{ (0 - f"U'5~ Mr. Gary W. Bastian Attorney At Law suite No. 502 3001 University Avenue S. E. Minneapolis, MN 55414-3383 RE: Your June 26, 1990 Letter to James E. Schrantz Dear Mr. Bastian: Your letter implies that persons designated by unions and employers at the bargaining/mediation table should have the ability to bind those :they represent without a 'process of ratificat~on. by the groups they represent. Of course the facts of negot~t~ons are different. Persons sent by unions and employers to'negotiations and mediation must return to those they represent with reports and/or recommendations. The represented groups decide to accept or reject with or without conditions the recommendations of their representatives. In the case involving the city of Andover and Teamsters Local No. 320, the representatives of the parties negotiated both directly and through the services of the Minnesota Bureau of Mediation Services. A tentative agreement VIas reached in m.ediation which was recommended by the representatives to their respective constituents. The employees accepted the Union representatives' recommendations. The Andover City council viewed the city representatives' recommendations for settlement in light of newly revealed information that the Union was attempting to effectively prevent the city from an offering seasonal employment opportunities to local youths. The city Council regarded this Union action as an unfair gesture Which would arbitrarily deprive local youths of needed summer income. The city, therefore, refused to accept without condition ~-.J the te.ntative settlement. The city sees no reasonable basis union actions which have the effect of preventing the City from offering some income generating opportunities to local young persons. Many of the youths looking . hO/29/90 14:02 FAX 012 546 1552 LRA [4]002 ~) for summer work are students who need the income to complete their education. The city believes that its employees and the Union do not want to deprive local Andover youths of such opportunities. If you require further information, please let me know. sn~~ W~Jsmyt~e cc: James E. Schrantz Larry M. Bastian Kenneth Palmer :~ DATE: July 3, 1990 .~ ') -~ ITEMS GIVEN TO THE CITY COUNCIL Special Planning & zoning Commission Minutes (6/14/90) Special Closed City Council Minutes (6/19/90) Regular City Council Minutes (6/19/90) Park & Recreation Commission Minutes (6/21/90) Expenditure Guideline (1/1/90 - 4/30/90) Revenue Guideline (1/1/90 - 4/30/90) Letter from Andrew Revering, Anoka Police Dept. (6/26/90) News Release from MPCA (6/25/90) Contract Report from Anoka County Sheriff (May, 1990) Metropolitan & Community Development Committee Minutes (6/7/90) Special City Council Minutes (6/13/90) Red Oaks Manor 6th Addition, Elevations Letter from Doris A. Nivala (6/22/90) Letter from Tim Yantos, Anoka County (6/18/90) Copy of Notice of Appeal of Special Assessment, Rosella Sonsteby Memorandum from Moe Dorton (5/7/90) Statement from Dorton Poquette (5/1 - 5/31/90) Memo from Howard Koolick (6/27/90) Letter from Rep. Teresa Lynch Memo from Howard Koolick, re: vacation policy (6/27/90) Financial Statements (12/31/89) PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. , \ THANK YOU. .-..-1 15544 CENTRAL AVENUE N.E. HAM LAKE, MINNESOTA 55304 434.9555 10 :s. E . t;/Z (0/9 () c.c 7 3~ It< f,t,-- _..-x? 0 'It\\r; .:-...:_- ;:. "..: & ~ .i U t'J 2 5 1 :-g~O-~l ~,)' ..v,. '; ~~ -.---- . CITY OF N~D~;E~ r "- '-~ CITY OF HAM LAKE June 22, 1990 James Schrantz City Administrator city of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Jim: '--, At their meeting on June 18, 1990, the Ham Lake city Council discussed scheduling a joint meeting with the Andover city Council to discuss the construction of university Avenue and other items of mutual interest. We would like to schedule this meeting sometime in July. Please call me so that we can discuss a date for this meeting. sincerely, u~ Doris A. Nivala AdministratoriClerkjTreasurer ~ .~ , '.-j' , ":~~' CO U N TY OF ce. . 7/s/fio ANOKA --- /0 Office of tire County Board of Commissioners COURTHOUSE ANOKA, MINNESOTA55303 612-421-4760 :.~.,. E r-tt1-U t; n HF;lU CITY OF ANDOVER June 18, 1990 Mr. James E. Schrantz Administrator, City of Andover 1685 Crosstown Blvd. NW. Andover, MN 55304 Dear Mr. Schrantz: For your information and file, please be advised that the Anoka County Board at the most recent meeting of Tuesday, June 12, 1990, adopted the attached Resolution #90-56 Relating to Approval of the 2010 Comprehensive Transportation Plan of Anoka County. The final version of the plan will be available sometime in July and will be mailed to you at that time. Should you have any questions regarding this matter, please do not hesitate to contact me. \iAn~ Tim Yantos Deputy County Administrator TY:pd Enclosure ,J Affirmative Action / Equal Opportunity Employer $.J~I ,.... BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota DATE: June 12, 1990 RESOLUTION #90.56 ,) OFFERED BY COMMISSIONERS: Erhart, Haas Steffen, Langfeld, Kordlak and Cenaiko RELATING TO APPROVAL OF THE 201.0 COMPREHENSIVE TRANSPORTATION PLAN OF ANOKA COUNlY WHEREAS, the 1976 Minnesota State Legislature passed into law the Land Planning Act relating to the orderly and controlled use of lands within the State of Minnesota and the seven county metropolitan area; and, WHEREAS, in accordance with the afore-referenced Land Planning Act, the County Board of Anoka County, in concert with respective department heads, prepared and transmitted to the Metropolitan Council this Comprehensive Plan detailing the metropolitan system under control of the County planning; and, WHEREAS, on January 7, 1982, the Metropolitan Council adopted Resolution #82.5 which provides for the adoption of this comprehensive plan as submitted by the County Board on April 6, 1981; and, WHEREAS, on October 26, 1982, the Anoka County Board adopted Resolution #82-64 approving the comprehensive plan of Anoka County; and, WHEREAS, over the past 8 years, the transportation section of the comprehensive plan of Anoka County has needed clarifications and up dating; and, WHEREAS, the need for public transit has been identified and the necessity of providing effective connections between the various modes of transportation is recognized by the Anoka County Board; and, WHEREAS, the Anoka County Board of Commissioners has caused the preparation of the "2010 Comprehensive Transportation Plan of Anoka County;" NOW, THEREFORE, BE IT RESOLVED by the Anoka County Board of Commissioners that they do hereby approve the 2010 Comprehensive Transportation Plan of Anoka County. BE IT FINALLY RESOLVED that copies of this resolution be forwarded to the local units of government, Metropolitan Council, respective department heads and review agencies. YES ' NO District #1 - Haas Steffen District #2 - Burman District #3 . Langfeld District #4 - Kordiak District #5 - Cenaiko District #6 - McCarron District #7 - Erhart X Abstain X X X Absent X Haas Steffen Burman Langfeld Kordiak Cenaiko McCarron Erhart ; , ,J STATE OF MINNESOTA ) SS COUNTY OF ANOKA ) I, John "Jay" McUnden, County Administrator, Anoka County, Minnesota, hereby certify that I have compared the foregoing copy of the resolution of the County Board of said County with the original record thereof on file in the Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said Board at a meeting duly held on June 12, 1990, and that the same is a true and correct copy of said original record and of the whole thereof, and that said resolution was duly passed by said Board at said meeting. Witness my hand and seal this 12th day of June, 1990. ~~ $/'1- JO N "JA '(" CL~EN 6- COUNTY ADMINISTRATOR , . ,-J '\ 'J ""'OR "tT"......n T....-T""":n"""""'':' . ~ J: .L rVU~:L ...N.rvili'l.i.l-.l'IOH Qt'1fJfqo TO: Andover city Clerk - victoria Volk Rosella Sonsteby Notice of Appeal of Special Assessment Project 86-1't Dehn's Pond Appellant vs. City of Andover Assessor and Respondent I Rosella Sonsteby hereby appeal to the District Court the Special Assessment to her property in the amount of Seven Thousand Eighty-Seven Dollars and Forty Seven Cents. II That the assessment is pursuant to Project No. 86-19 Storm Drainage Dehn's Pond. III That the grounds of the Appeal are inter alia that the property of the Appellants which is assessed is in fact not specially benefited by the Project, and the special assessment exceeds the special benefit which the appellants property receives from the project. That the grounds also of the Appeal property was not assessed according to City of Andover assessment policy adopted by City Council on September 7, 1976 or Minnesota Statue 435.19 Special Assessments, "Governmental Units". IV That the Andover city Council met at 7:30 p.m. on the 5th day of June 1990, at the City Hall and passed the assessment. ~ \.Y , . ~ ,~ --,) v That the Municipal Clerk is hereby requested to furnish the appellants with a certified copy of the objections filed in the assessment proceedings, the assessment roll or the part pertaining to appellants and any or all papers necessary to present the appeal. VI That a copy of the Letter to the Property Owner concerning this assessment are attached hereto and incorporated herein as Exhibit A. ~-~~ Dated this 19 day of June 1990. G .:~ Research Planning Analysis {6 C C. ~ ~>>() Consultants 1932 Dupont Ave. So. Minneapolis, MN 55403 (612) 374-4969 or(612J 377 -6691 DORTON POQUETTE Associates May 7, 1990 Memorandum To: Anoka Landfill EIS Review Team cc: Charles Weaver Greg Korstad Jim Schrantz Bill Ottensmann From: Moe Dorton~ Subject: Project Status Report Enclosed is your executed copy of our joint consulting agreement with Coon Rapids and Andover. I have also enclosed a copy,?f the March summary billing. The release of the technical reports for our review has been very slo~ and the Draft EIS will not likely be completed until sometime in the mid-summer. o Technical Report Schedule: The revised schedule for the release of technical reports for our review is: Hay, 1990 Airport Impacts Health Risk Assessment Historic/Archeological June, 1990 Landfill Engineering Hydro-Geological Impacts Socio-Economic Impacts - Partial o The Metropolitan Council has delayed the release and the re,'iew of the socio-economic study on property values. The Council will undertake an additional study of th~ methodology used by Anoka county's consultant. This ~ill delay completion of the report and the Draft EIS until ~id-summer. I o Monthly Billings: A reminder that monthly billings should be sent to me within ten days following the end of the month. To date, I have not received any monthly billings from Lyle Bradley, JMM, or ERM North Central. If you have any questions, please give me a call. ,-) 7-D ?/'V? C) DORTON POQUETTE Associates Consultants ,) Research Planning Analysis 1932 Dupont Ave. So. Minneapolis, MN 55403 (612)3744969or(612l377-6691 STATEMENT OF CHARGES May 1 - May 31, 1990 June 6, 1990 Mr. William Ottensmann City Engineer City of Coon Rapids 1313 East Coon Rapids Blvd. Coon Rapids, MN 55433 Charges: Coon Rapids/Andover Anoka Landfill EIS Review Project May, 1990 Summary: Consulting Hours: Maurice Dorton Mary Louise Poquette 3.25 hours @ $75 per hour 1.25 hours @ $75 per hour $ 243.75 93.75 Direct Expenses: ''-........, ......... Automobile Copies/FAX Postage Maps Total May, Mileage 53 miles @ $0.24 per mile 1990 Charges 12.72 5.54 3.25 12.05 $ 371. 04 Consultin~ Activity: During this billing period the following consulting activities were undertaken: o o to be ,~ mkd: 06.Bill rn"" .-'..'''''''-, ~.'''' ., J \ .\ i ,.J~J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Honorable Mayor and City Councilmembers James. E. Schrantz, City Administrator Howard D. Koolick, Finance Director June 27, 1990 Status of Request for SAC Refunds from MWCC I would like to take a minute of your time to update you on the status of the City's request for SAC refunds from Metropolitan Waste Control Commission. On Tuesday, June 12th, the operations and Budget Committee met and approved a resolution extending the SAC refund program to the City of Andover. Based on staff's recommendation, the resolution was approved without discussion and forwarded to the full Commission for approval. . On Tuesday, June 19th the full Commission met and approved the resolution as part of their consent agenda. I have contacted MWCC and requested a copy of the resolution for our files. The approval of the resolution included requiring the City to prepare the documentation necessary to conduct an audit. I am currently preparing this documentation and expect to complete it around July 10th. A letter was sent to all residents who requested refunds from the money held by MWCC explaining the delay and making them aware that the process should be completed by early fall. I / . '\ ......~ 1a C'C '-%/10 --- Rep. Teresa Lynch Minnesota House of Representatives .- '\ District 50A ,-j Anoka County Dear Friend, For business people, the 1990 legislative session was another one of those "It Could Have Been Worse" sessions. Controlling the damage began with high-priced minimum wage bills and extended on into plant-closing legislation. Business took some direct hits particularly in the area of taxes. I'd like to briefly review some of the issues and actions of the session. Much of what happened will have an impact on your business and on the economy of our communities and state. When the dust settled, labor emerged from the session with a surprising number of gains __ many of them at the expense of business interests. It seemed to me that the Boise incident up in International Falls characterized the political intimidation of businesses that carried on through the session. Businesses paid a big price for "solving" the budget shortfall, which wasn't really solved at all. Half of the new tax burden was imposed on businesses. Another shortfall-solving device is the new business "sucker tax," more politely known as a franchise fee. Another big failure was the Legislature's caving in to those who insisted on spending a portion of the budget reserve. Tapping the reserve this year guarantees that the overspending problem will revisit the Legislature again next year. Speaking of the reserve, I supported a measure that would have established "triggers" by which reserve funds would be automatically released. This would help prevent the reserve from being used as a political slush fund. The idea was initially suggested by people from the business community, but unfortunately it was defeated. One small victory for business was the/shelving of plant-closing legislation. I say "small" because it was replaced with something else - that new payroll tax to be used to finance a workers dislocation fund. The original minimum wage proposal was brought down to a more realistic level, too. The original proposal set it at $5.45. But the minimum wage legislation that finally passed was a compromise of $4.50 for businesses with annual gross sales above $362,500, and $4.00 for businesses with sales below this figure. \ ,~ 4681 161st Lane NW, Andover, Minnesota 55304 State OHice Building, SI. Paul, Minnesota 55155 (612) 421-3522 (612) 296-5369 NOT PRINTED AT GOVERNMENT EXPENSE s~.. - '\ . ) \.__/ The worker's compensation issue was handed to organized labor without even a peep. In view of the work comp reform vetoes of the last three years, many legislators seemed to think resurrecting the issue will only be worthwhile when we get new leadership in the governor's office. Prevailing wage, parental leave, successor law, expanded medical leave - these and others add up to a surprisingly large number of business-related bills to pass in a short off-year legislative session. What seems out of balance is the Legislature's ability to judge when it is proper for government to intrude into the marketplace and to become involved in decisions between employer and employee. Heavily coloring its inability to make good judgment is the political atmosphere in which organized labor carries such penetrating influence, particularly with the liberal leadership. As a business person, you are part of the economic engine of "our community and of our state. We need policies that encourage business decisions to expand and create new jobs, and policies that create a "level playing field" on which to compete. Anyone with the will and the means should be able to go into business without fear of being over-taxed, over-regulated and intimidated by state leaders. I have enjoyed representing you another term in the Minnesota House, and I appreciate your calls and letters which give me useful direction on many difficult decisions. Please feel free to contact me with questions or comments on these issues or any others you may be concerned about. Sincerely, " ) 't~ ..~~) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Honorable Mayor and City Councilmembers James. E. Schrantz, City Administrator Howard D. Koolick, Finance Director June 27, 1990 Interpretation of Vacation Policy Last week Debby poirier, shirley Clinton and myself attended the . training session for the new computerized payroll system. While we were building our files, the following question was raised regarding the vacation policy: Is the intent of the vacation policy to give each employee a number of hours per year which accrue monthly or a number of hours per month. (i.e. 80 hour per year or 6.66 hours per month. ) I discussed this question with Jim Schrantz who believed the intent was for the number of hours per year. I also contacted Don Jacobson to ask his interpretation of the policy and if the personnel committee would amend the policy to specifically state the vacation in yearly amounts. He agreed the intent was for hours in a year, but since the difference was so slight, amending the policy was not needed and we could build the payroll files to meet the stated intent. Below is summary of the difference: Hours Hours for Intended Service Per Month 12 Months Hours During 1st 6/: 66 through 5th year 79.92 80 6th year ,7.33 87.96 88 7th year 8.00 96.00 96 8th year 8.66 103.92 104 9th year 9.33 111. 96 112 10th thru 15th year 10.00 120.00 120 16th year and thereafter 13.33 159.96 160 '-) . , \ ~~ ~) These differences result from rounding errors in the policy. The new payroll system can accommodate the intended hours with little problem. The purpose of this memo is to inform City Council of this decision. Please contact me ~f there is any disagreement with this memo. /u-C. C. /-V3:::-i'o METROPOLITAN COUNCIL Mears Park Centre, 230 E. Hfth Street SI. Paul, Minnesota 55101 Tel. 612-291.o359f1DD 291-0004 ') '--./ MINUTES OF THE METROPOLITAN AND COMMUNIlY DEVELOPMENT COMMITIEE Council Chambers June 7, 1990 2:a<:J pm. Committee Members Present: Chair Gertrude Ulrich, Alfred Babington-Johnson, David FISher, Mary Hauser, Kenneth Kunzman, Mike McLaughlin, James Senden Committee Members Absent: None Other Council Members Present: Dirk devries, Dottie Rietow, Marcy Waritz, Margaret Schreiner Stall Present: Unda Hennessey, Kate Houston, Steven Schwanke, Marion Angelica, Chuck Ballentine, Carl Ohm, Anne Hurlburt, Hal Freshley, Alex Edmund-DaHinten, Jack Frost, Robert Overby, Paul Baltzersen, Karen Patraw Others Present: Land Use Advisory Committee Members: Stephen Bubul, Michael Hoffman, Gerald Stelzcl, Neil Weber, Jude Olcney, Frank Simon, Richard Uttle; Mayor Marilyn Schultz, Ham Lake; Commissioner Margaret langfeld, Commissioner Natalie Steffen, Jim Piera, Anoka County; Allan Nordin, David Jen.sen, Dennis Michaelson, Unwood Township; Sherri Anderson, East Bethel; Mike Blaclc, James R. Hill, we; Tom Klassen, Columbus Town Board; Edward Stevens, Lake Elmo; Mike Wozniak, Rosemount; Carol Mordorski; Dave Drealan, Carver County; Bob Wilbur, CFI Mortgage Company; U Broberg. Greenfield; Barbara Kalluslcy, Helen Baker, Afton; W. J. Dufresne, Columbus Township; John Forrest, Otto Ped, Dakota County; Bart Bartels. Coon Rapids; d'Arcy Bosell, SI. Francis School District 15; Terry Forbord, Lundgren Bres. Const.. Wayzata; Ken Kopka, Mortgage Banker; Gretchen Sabel, Jay Blake, Andover; Undberg Elcola, Kathy Bongard, Marty Schmitz, Shakopee; Cindy Petrie, Woodbury; Todd Lein, Lewiston; AI Layman, SI. Paul; Ellen Irish, Apple Valley; Paul Wagenaar, Coon Rapids; Bob Fors, Minneapolis; John Hilgers, Bill King, Waconia; Beverly Topp, Lakeville; Merland Otto, Ramsey; Brian Helmken, Bides. Assn. ofMN; R. Wilbur, Brooklyn Center; Steven Peaslee. Hassan Twp; Don Hndel!, Fridley; Dick Hinkle, Elk River; Dave Doll. Ham Lake Committee Chair Ulrich called the meeting to order at 2:05 p.rn. McLaughlin moved and Kunzman seconded approval of the agenda and minutes of May 24, 1990. The motion carried. ARTS ADVISORY COMMfITEE RECOMMENDATIONS ON IT 91 FUNDING FORMULA FOR MINNESOTA'S REGIONAL ARTS COUNCIlS (From Committee Consent List) Babington-Johnson moved and McLaughlin seconded the recommendation. That the Metropolitan and Community Development Committee r=mmend that the Metropolitan Council Regional Arts Council adopt the IT 90 formula which maintains an organizational adjustment for FY 91. The motion carried. REVISIONS TO THE METROPOLITAN REGIONAL ARTS COUNCIL BIENNIAL SPENDING PLAN (IT 90-91) (From Committee Consent List) Babington-Johnson moved and McLaughlin seconded the r=mmendation. That the Metropolitan Council adopt the revised 1990-91 Spending Plan for the activities of the Metropolitan Regional Arts Council ' The motion carried. CI1Y OF YOUNG AMERICA COMPREHENSIVE PLAN AMENDMENT, 4.7 ACRES METROPOLITAN URBAN SERVICE AREA ADDmON, REFERRAL FILE 15046-2, DISTRICf 14 ~J Steven Scbwanke, comprehensive planning staff, reviewed the findings and r=mmendations for Young America's proposed comprehensive plan amendment to extend the MUSA by 4.7 acres. 1. The city of Young America has submitted a plan amendment to extend the Metropolitan Urban Service Area (MUSA) by 4.7 acres of which 2.7 acres is roadway and the remaining two acres is proposed for commercial use. This proposed Metropolitan and Community Development Committee Minutes of June 7, 1990 Page 2 MUSA addition does not appear to have an adverre impact on metropolitan facilities and systems. 2. Expansion of the MUSA by 4.7 acres is consistent with MDIF criteria for incremental changes to tbe urban service area. 3. Young America was informed in Jan. 1990, that it was necessary for the city to bring their comprebensive plan into compliance with tbe Metropolitan Council's Wastewater Treatment and HandlinR Plan. The principal issue is that the city's comprehensive plan does not address the management and reduction of nonpoint source pollution. 4. The proposed plan amendment will not adverrely impact the Metropolitan Disposal System. McLaughlin moved and Kunzman seconded the recommendations. 1. That the Metropolitan Council adopt the above findings and the staff report as part of these recommendations. 2. 1bat the Metropolitan Council approve this plan amendment and that no plan modification is required. 3. That tbe city of Young America revise its comprehensive sewer plan base map to sbow the area proposed for sanitary sewer service. 4. 1bat the city of Young America submit tbe Metropolitan Council a comprehensive plan amendment that addresses nonpoint source pollution. The motion carried. 1991 WORK PROGRAM PROSPECTUS Marion Angelica, human services director, reviewed the buman services goals for the 1991 work: program prospectus (talking primarily about new options). Goal 5: Housing. Promo/e and guide the orderly d~lopment of housing in the Metropolitan Area taking into account changing demographics and housing needs. Emphasis will continue to be on meeting the housing needs of people of all income 1~1s. ages and abiliMs, in a variety of geographic locations. Discussion included tbe proposed work: that could be done by the Housing Task Force; Council policy regarding loca1land use ordinances; that convening housing and service providers and evaluating housing policy is important and ties in with other policy plans. Under Metro HRA Planning, discussion included that it's not a good idea for the Council's HRA to get into housing ownership; that other types of certificate programs should be evaluated; the housing programs in Anoka and Minneapolis; that the Metro HRA could act as a vehicle for community reinvestment banks to work: through the Metro HRA to establish housing options in the suburbs; the need to deal with one agency; the Neighborhood Housing Service model; and the need for staff to focus on a model for operation on a regional basis. Goal 6. Human Investment Framework Development Project. Set up proctSSes to look aJ 1wman investmmJ issues and social problems in the seven-<ounty metropolitan region in a more integraJive way, and assist policymaken and service provid= to anticipate fUture 1wman investmml issues and addrtSS them in effective and innovative ways. .' Goal 9: Service System fO( Older People. Ensure that older people in the Metropolitan Area have access to and are able to obtain needed assistance through a system of fonnal and infonnal services that is comp-ehensive, coordinated and responsive to individual needs. The committee suggested including the federal definition of the word elderly. Goal 10: StiJtwlaJe development of a regional health system that meets the health needs of the metropolitan col1llTW11iJy in a cOsl-efficient fTI/J1I1lU. Discussion included that the health guide chapter needs to be reviewed; the need to study models for preventive care; and the Council's involvement in the universal health care issue. Metropolitan and Community Development Committee Minutes of June 7, 1990 Page 3 " '0 Goal 30. Lifelong and IntegraJed Education. To develop visions of lifelong education necessary in tM region to meet lhe future economic and socioJ values and demands of an integrated, rapidly changing society and nation. Discussion and comments included the need to work: more ~Iosely with MIAC; the issue of equitable distribution of educational resources in the region; the need to identify gaps in the education program (availability, transportation); and that lifelong education means people will have more than one career. Goal 31. Assess current and future cultural needs of the region's population, develop polkies and plans to address these needs. Staff presented two new goals identified by the MIAC Committee: Economic Impact of Racism on lhe Refion. Goal would be to design and carry out studies that describe the situation of people of color in tM current and future work force and tM current and future regional economy. Develop proposals to eru:ourage mmority worken fullest participation in tM region ~ economy. Criminal Justice: Assure tM criminal justice system treaJs all people with equity. Apply Council research planning and policy development approm:hes to assist tM region ~ criminal justice system toward this goal Discussion included the past work Council performed in criminal justice and the decision-making process for the various options. Staff asked the Council members to carefully consider all the options before malcing their selections. TELECOMMUNICATIONS BRIEFlNG Chuck: Ballentine, research division manager, briefed the committee on telecommunications by reviewing the background material, past Council involvement, current ways the Council is involved, current interest locally and some possible action options for consideration. The meeting was adjourned at 4;06 pm. PUBLIC MEETING TO EXAMINE METROPOLITAN COUNCIL POLICIES FOR THE RURAL SERVICE AREA Committee Chair Genrude Ulrich called the public meeting to order at 4;10 p.rn. Carl Ohm, research and long range planning staff, explained the p'urpose and process of the study of the Council's rural density policies. He reviewed the topics of issues papers and background studies that have been prepared by the staff. Ohm explained that the next phase of the study would be to address the following issues: refine land uses appropriate in the rural areas; review the Council's development density policies; discuss implementation approaches such as clustering and lot sizes; and examine the need for policies for rural areas that may eventually be incorporated in the MUSA (transition areas). Mayor Marilyn Schultz, Ham Lake, COOlOlented that 93 percent of Aoolca County is not in conformance with the Council's current policies. Anolca County doesn't fit the definition of either rural or urban; that it is a grey area in between. The Council should acknowledge that it is appropriate to provide lifestyle choices. For an area that is neither urban or rural, she suggested the term "exurbia," which is defined in the dictionary as a ~mi-rural residential area beyond the suburbs. She said that the Council should develop policies for this exurban area, including density for both permanent or transitional rural areas. Regiona~ as well local service costs, should be considered! Septic systems, and alternatives to the systems if they fail, should also be reviewed. She complimented the Council's proCess for the study of the rural policies and indicated that she was pleased with their williogness to listen. She said that Ham Lake wants to participate in the policy development process as it proceeds. . Commissioner Margaret Laogfeld, Aoolca County, COOlOlented on the diversity of Aoolca County. A strict set of rules should be less important than achieving final goals. Plans must be adaptable to loca.l situations. Commercial development in the rural area is needed to serve the residents and strengthen the tax base. Residents need a choice of residential opportunities. Public services should follow the people. :'-J Commissioner Natalie Haas Steffen, Aoolca County, indicated that the county bas some of the same concerns as they did in 1975. Local governments should be able to control their own destiny when there is no impact on metropolitan systems. Communities partly in the urban service area have concern that even though capacity may be available in the regional sewer system, they are frustrated in waiting for services to be provided. There are large communities in Aoolca County with over Metropolitan and Community Development Committee Minutes of June 7, 1990 Page 4 5,000 population which object to being called .rural. communities. She said that they were not really urban or rural, and suggested the term .rurban." Commissioner Steffen said that the current policies don't recognize the technological changes in septic systems. Commercial ventures in the rural area are currently not allowed by policy and tbat is a problem. The FHA's financing policy should also be reviewed. A large amount of land in Anolc.a County is state-{)Wlled or park land, which should be considered in tbe density policy. There is an ongoing problem with an understatement of Anolc.a County's population. The difference between agricultural land and a general rural use area should be recognized. Policies that don't won: should not be retained. Many communities don't understand why they are considered out of compliance with Council policies when their comprehensive plan was approved by the Metropolitan Council. The Council should reevaluate its population forecasts and consider that Anolc.a County is not farmland. She said tbat the county feels there is a need for another Mississippi River bridge. Even though it's not in the 2010 transportation plan, it must be planned for today and the county is holding tax forfeited land to preserve needed right-{)f-way. The issues of public services in Anolc.a County are county-wide, not just for the urban area. AI1an Nordin, linwood Township, commented that a 2 1/2 acre lot size development is the pattern in linwood Township. He stated tbat the linwood plan was consistent with Council policy when it was reviewed. On a community-wide basis, the township is consistent with the 1110 density. On-site systems work well in their sandy soils; but he hopes that someday, if metropolitan sewers are needed, they will be available to his community. He said that the census count for this area is way off. Sherri Anderson, city of East Bethel, commented that East Bethel has 49 square miles and over 8,000 residents. There are few problems with sewer systems and codes are strictly enforced. The city requires a 2 1/2 acre minimum lot size with one acre of buildable area. The city wants to continue moderate commercial and residential growth. The city does not have good ag land and probably has a 1-for-10 density if lakes and low lands are considered. She indicated that flexibility is needed. Mike Black, from James R. Hill, Inc., stated that the Council should anticipate transitional areas beyond the MUSA where sewer may be extended, and support longer range planning to avoid problems in the future. Tom Klassen, Columbus Town Board, commented that the township doesn't follow the 4-for-40 policy, but still has a very low overall density, about 1 unit per 18 1/2 acres. He said that he also wishes to be involved in the process. Edward Stevens, Lake Elmo Planning and Zoning Commission, read from a letter published in the Metro Monitor which advocates discouraging more development in the Twin Cities Metropolitan Area. The Council should work with state government to encourage development in growth centers outside the Metropolitan Area. Mike Wozniak, city of Rosemount, commented that industrial areas outside of the MUSA should be addressed by the policy study. There are special problems with sewer systems and water quality for such development, but they need to be a=mmodated to allow for jobs and tax base. Carol Mordorski said that she is concerned about urban sprawl. The 1 for 10 policy allows urban sprawl at a mini scale. It does not allow enough density to be developed to provide sewers. Sprawl compromises the transportation system and does DOt allow for development of mass transit. Sprawl results in more freeways at the expense of better mass transit. No bus service between suburbs is a problem. Schools in the suburbs are perceived as better and lead to a drop in the quality of city schools. She said the Council should control the rate of growth and not let the Twin Oties Metropolitan Area turD into a Los Angeles. Dave Drealan, Carver County, remarked that a 2 1/2 acre; lot size does not guarantee adequate area for a septic system. Regulations should be more related to the performance cpteria. It is possible to have 20 acres without an adequate site for a septic system. Lot size is not a magic solution. Drealan suggested that the fiDaI policies not provide a list of appropriate rural land uses, but performance standards instead. One criteria should be whether it is necessary to locate a use in the rural area. Carver County's policy is to support development in the rural centers, which means that some uses should be limited in the general rural use or agricultural areas. Carver County allows clustering in non-prime agricultural areas that are suitable for on-site systems within the overall 4-fOl'-40 density. He said that 4-for-40 density does not preserve ag land if a 10 acre lot size is required, but that clustering can be used if done correctly. Bob Wilbur, CFl Mortgage Company, stated that a 1.for-10, 4-for-40 density will make it barder for young families to move to the rural area because of high land costs. :~ Metropolitan and Community Development Committee Minutes of June 7, 1990 Page 5 l..i Broberg, Greenfield, asleed that the Council upbold the current guidelines and renew its commitment to agricultural preservation. The guidelines sbould not be revised. The Council sbould enforce the current policies. Sbe cited conflicts between five acre lot owners and farmers whicb gradually destroy agriculture in an area. Sbe suggested establishing greenbelt areas between urban areas and agricultural areas. She recoliunended five points for the Council to consider: 1. The Council sbould recognize that ag land is not just waiting for development, that it is a precious resource for food production. 2. A bousing density of at least 1.for-10 should be enforced. 3. The Council should investigate more creative ways to encourage farming. Current programs are not enough. New policies should recognize the changes in farming and farming other than large<<ale commercial agriculture. 4. The Council should realize that many decisions combine to destroy farm land and the effect on farm land should be considered with all Council decisions. 5. The Council should consider food security and safety, rather than sbort.term needs of individual farmers wbo may wish to sell farms wben they retire. Barbara Kalluslty, city of ACton zoning administrator, commented that in evaluating appropriate rural uses, agriculture sbould be more broadly defined, and ways to encourage people to stay in farming should be investigated. She said a 4-for-40 density is a minimum. Land area alone does not insure operation of septic systems. ACton is concerned about the cost if septic systems fail WJ. Dufresne, Columbus Township, indicated he has farmed 190 acres in Columbus Township since 1946, on the border with Lino Lalees. He cited conflictS between agricultural use and adjacent residential development. Dufresne said five acre lots are too small to farm and too big to mow the lawn. The result is habitat for pests that destroy farm crops. The PCA and the Health Department allow septic systems and wells on 2 112 acre lots and say they worle and are safe. With a 4-for-40 density, no one can afford to buy his farm wben be retires. People who move out in the rural area want amenities like paved roads. Such assessments would be financially prohibitive if his farm could not be subdivided into smaller lots. John Forrest, Dakota County Planning Dept., said that at the State of the Region event, housing studies were cited that predicted a surplus of single family dwellings in the urban area. If these studies are correct, allowing more urban development may not be prudent. Bart Bartels, a realtor, was concerned about the effect of a 10 acre lot size limit on construction. He said that fI7 percent of new homes are financed with FHA mortgages. FHA will no longer finance homes with less than 10 acres, and they will not finance lots over 10 acres, which causes a problem. Helen Baker, ACton, commented that in ACton's comprehensive plan they have adopted the Council density policies. ACton's rural area is now under some pressure. She was disappointed that the Council has not carried out its policy. Rural density is not just a sewer issue, but an issue related to the cost of all urban services. Rural residents do not believe that they alone will pay the cost of repairing or replacing failed on-site systems or bringing in central sewer service. She cha1Jenged the appropriateness of the Minnesota Municipal Board to allow adjacent communities to annex parts of rural communities such as Lake E1mo. , d'Arcy Bosell, St. Francis, School District 15, stated th3t the school district has been concerned about inequalities of scbool funding based on land values. She said that Aoob County has 48 percent wetlands and state and regionally owned land. A 2 112 acre or 10 acre lot with a 3QO.foot frontage bas the same cost for transportation for tbe school district. Bo5ell said 2 112 acre lots would give more tax base. The district is building a new school and has planned for school facilities based on 2 112 acre lot sizes and the growth it would generate. ,~ Terry Forbord, Lundgren Bras. Construction, Wayzata, commented that the cost of land drives up the cost of bousing. The small MUSA area has driven up bousing costs. A minimum 10 acre lot size would price certain buyers out of this marleet. A 2 112 acre minimum lot size with performance standards for septic systems to protect the environment would be appropriate. He said 4-for-40 is good for preserving prime ag land. He agreed with the Carver County clustering policy, since it allows some bousing to a=mmodate the market, but also preserves ag land. High-amenity land in the MUSA has become vety expensive. A 2 112 acre lot size may allow for high-amenity land in cities that do not have sucb property within their MUSA Metropolitan and Community Development Committee Minutes of June 7, 1990 Page 6 Jim Piera, Anolca County realtor and builder, explained that he was involved in a project in East Bethel for which FHA has denied financing because of Council policy. 1bis is causing economic hardship. Up to now, FHA has approved 'spot' mortgages. Builders and home buyers were not informed about this new policy of FHA and it was not fair. A notice should have been sent, with a target date for the 5lart of the new policy. Residential building is all that can be done in Anolca County. If people want 2 112 acre lots and they are not available in the region they will go to Sherburne County. Bart Bartels commented that he had found out about the change in FHA policy only when a rough-in inspection was requested on a house and this caused inconvenience and financial hardship. Ken Koplca, a mortgage banker, commented that two incomes are now needed to afford a new home. The land price constitutes 25-30 percent of the total home cost, and that FHA financing is needed for bousing affordability. The core area is not desirable. If prices in the outlying area become unreasonable, prices in the area in between will be inflated. Written comments are attached. The meeting adjourned at 6:10 p.m. Respectfully submitted, Karen PatraW, Secretary Enclosures tjpOOl33 llU90 Appendix A C I T Y OF \ '0 liNO IM.lli June 7, 1990 steve Keefe, chairperson Twin cities Metropolitan Council 230 East 5th street st. Paul, MN 55101 Dear Mr. Keefe: I am writing at the direction of Harold Bisel, Mayor of the city of Lino Lakes. Recently the mayor attended a meeting where several elected officials from local units of government in Anoka County e~ressed dissatisfaction with Metro Council policies regard~ng development in unsewered areas. In particular there was a considerable amount of sentiment for the creation of one and 2 1/2 acre lots. Please understand that Lino Lakes wants nothing to do with this. Several years ago the city approved SUbdivisions for single- family development on large lots covering about 1200 acres. It was a mistake. with the large lots the city is reguired to ~rovide the usual city services including 5nowplow~ng, pol~ce, fire, and parks to what is really a rural density. The result has seen high property taxes, about the eighth highest in the metropolitan area. . And what of the residents who bought these idyllic pieces of nature? Where sewer has become available most residents have subdivided their lots retaining only normal city sized lots. In other areas where sewer is not yet available homeowners usually maintain and landscape about half an acre; the rest grows up with quackgrass. It's not a pretty sight and it's a voracious land user. Lino Lakes is presently amending its comprehensive plan and zoning ordinance to get rid of these large lot unsewered subdivisions. Mayor Bisel and I hope that others will benefit from our experience and forego this development. It's best to wait for sewer. Sincerely, John Hiller City Planner ce: Bob Overby, Mary Hansen, steve Schwanke \ 'J 1189 MAIN STRE.F..T. LINO L'\KES. MI!'J:-iESOT^ 55014 612-464-6562 Appendix B . CITY OF EAST r ~ETHEL ~ @ 0 CITY OF EAST BETHEL 2241 221st Ave. N.E. East Bethel, Minnesota 55011 612-4J.4.9569 Fax No. 612-434.9576 June 8, 1990 Carl Ohrn Metropolitan Council Mears Park Centre 230 E Fifth st. st. Paul, MN 55101 RE: Requested Changes In Policies for the Rural Service Area Dear Metropolitan Council Members: The City of East Bethel appreciates the opportunity to be heard concerning the Metropolitan Development and Investment Framework. East Bethel has been here previously before the Met Council to resolve some of these same concerns back in 1981 when our Comprehensive Plan was being addressed and again in 1986. In both cases, the City was requesting that Met Council reconsider their plan for East Bethel and not just designate our area as general rural use. Realizing Met Council has been given the responsibility for planning for the area, the City has attempted to work within the general guidelines for moderate development of our area as provided in our approved plan which allows residential developments of 1 unit per 2 1/2 acres, and the development is orderly and working well. East Bethel'has a 48 square mile city and over 8000 residences. The City has provided for the services it needs (thru city s~rvices or private enterprises as with garbage hauling, sewer and well installations, etc.) and is not asking Met Council to expand the MUSA line. Except for the mobile home courts which have large collector systems, businesses and residents (including the schools) have on site sewers and wells, and with proper installations and maintenance, there are very ,few problems. The City informs the residences every year in their news letter about proper care of their sewer systems, and codes for proper installations are being strictly enforced. The City's Zoning Ordinances provide for a 2 1/2 A. lot size with 1 A. buildable so there is room to add additional systems if it becomes necessary. \ '-~ Other services such as police and fire protection, city street construction and maintenance, building inspections, etc. are covered by the city. Hwy. 65 is a major highway running thru the length of the city and transportation is Met council Page 2 not a problem within our city. However, the city wants to be included in Met Council's transportation planning and Mayor Grams recently served on the Light Rail Transit Advisory Board. ( , The City recognizes the need for Met council to plan for orderly development but believes East Bethel has worked with the council to attain that, and the city is asking Met council to allow us to continue moderate growth both in commercial and residential areas by utilizing our high grounds along our major roadways for businesses and other suitable areas for residential development. The soils in East Bethel are not suited for agriculture and agriculture is not a viable nor primary use in our area. However, there is a substantial amount of low and wooded open land and the University of Minnesota has a Natural History Preserve of 4 sq. acres. The City meets the average of one residence per ten acres, but we need to be allowed the flexibility to utilize our land to serve the people at higher densities, smaller lot sizes, clustered developments. with the orderly control of our local grovernment and ordinances, we believe we can maintain the open areas people are looking for with ample lot sizes, have adequate on-site sewers and wells and provide services without being restricted to one residence in ten acres. In order to serve our people with jobs, tax base, etc., we need to have some commercial growth and small clustered developments and believe we can determine the need for services at the local level. We are asking that the Development Framework will allow more flexibility in our area so people may live and work here where there is affordable housing and open spaces and have FHA financing available where needed or wanted. The East Bethel city council appreciates Met Council's consideration for needed changes in the MDIF for our area. Sincerely, ~~au4.~ Sherri Anderson city clerk/Treasurer CC: Ken Kutzman, Met Council Rep.Dist. 9 / Appendix C - June 13, 1'3'30 - "'_0.---"- . ... --.. ~_~-.":r: -'-) -.. Mr. Carl Ohrn Metropolitan Council Mears Park Centre 230 E. Fifth Street St. Paul, MN 55101 Re: Examination of Metropolitan Council Policies for the Rural Service Area Dear Mr. Ohrn: As chairman of the Afton Planning Commission, I would like to comment on development policies of the Metropolitan Council for the Rural Service Area. The 1/10, 4/40 density is being enforced in Afton by means of an overall density policy. Our residential zone allows a maximum of 8 dwelling units per forty acres, and in the agricultural zone, the density is 3/40. Land in the Agricultural Preserve overl.y zone is limited to a density of 1/40. The Planning Commission reviews the density policy and carefully considers the goals thereof each time a request for rezoning or major development is put before it. I believe the Planning Commission feels that these goals are worthy and appropriate for Afton and other rural service communities, and urges the Council to maintain the 1/10, 4/40 density for the rural service area. Reasons for maintaining the current density are many, but high on the list is the preservation of the integrity of the septic systems. Many developers will argue that septic systems can be installed on small lots, and perhaps that is true. However, there is ample evidence that eventually, septic systems, no matter how well designed and constructed, will fail. When failure occurs, they must be sited elsewhere. If that is impossible because the lot is too small to accommodate another system, central services become necessary. The Metropolitan Council has said that services will not be extended beyond the MUSA line, and that when septic systems fail, the cost of correcting the problem will be borne by individuals and local governmental units. . t : i . t: ,. ,) City of Aflo" - 3033 St. Croix Trail So. Box 386: Afton. MN. 55001 . . From Afton's perspective, it is prudent to take all possible precautions to prevent such an occurrence. Our five acre minimum lot size, with a requirement for two and one-half contiguous buildable acres on each lot, insures that our citizens will not have to face the expense of assessments for central sewer service. Another concern of Afton is tha~ of urban sprawl. Naturally, land is cheaper for the developer the further away he goes from the center of the city. The Planning Commission feels that the Metropolitan Council's goal of staged growth was a wise choice made several years ago. "Leapfrog" development can only benefit the developers, and is, in the long run, harmful to those who must struggle to provide adequate roads, police and fire protection, schools, and government. Acceptable rural uses should be limited. Such uses would include agricultural uses of any type, and low density housing, as is now the case with the 1/10, 4/40 density. It would be inappropriate for the Metropolitan Council to encourage uses which are commercial in nature, or which would hasten the need and demand for increased urban services. The Metropolitan Council wields a great deal of power in the decision making process. There is a need for low density housing, just as there is a need for high density housing and a full array of urban services. However, each of these needs must be met in the appropriate location. The rural character of areas such as Afton, Gran~ Township, and other areas in eastern Washington County provides an immeasurable value to the quality of life enjoyed not only by those who live in those areas, but by Twin Cities area residents in general. We ask that you consider this important intangible when you consider policies regarding the rural service areas, and support communities in their efforts to preserve a resource which would be non-renewable if it were developed at a higher density than guidelines now allow. The Afton Planning Commission is currently reviewing Afton's Comprehensive Plan and will continue to take an interest in the Metropolitan Council's deliberation of the rural service issues. Thank you for the opportunity to comment on this matter. / Chair Commission m REALTOR~ ,~~ 1989-90 OFFICERS Presldenl Rila Cech President Elecl Jerry Boles SecretaryfTreasur.r Diane Smith 1989-90 DIRECTORS Karen Boles Juuy Kindseth Patricia Moerke Joyce Popkin Roger Aoelol. Oo"s Schulte Melva ShonOlom Jerry Smith Gary Zimmerman AFFiliATE DIRECTOR Terri Aetshaw REGIONAL VICE PRESIDENT Carl YoungQuisl M.A.R. DIRECTORS Dean Gasser RODen Koon. , I 14M ED lATE PAST PRESIDENT Dennis Ewing ~XECUTIVE VICE PRESIDENT BertyAnn D. Croteau COMMITTEE CHAIRS Patricia Moerke Awards Judy Helin Bylaws Sally Kuelher CIMLS Exchange Marie Bakke Education Floyd Hedgepalh Equal Opportunity AOOen Day GoII Dick Hinkle Governmenta/ AHairs Jeff Johnson Grievanc. Dan Slattery MemOef3hip Don Weeding Muniple Usting SelVa Gary Robenson Personnel Jim Perra Professional StaMard. Jud Lauzon Public Relation. , 1 Jeanne Gasser SollOlarsllip Oon Findell Strategic Planning Judy Klnd.eth Patricia Moerke roy. lor Joy ,) .. " Appendix D ANOKA COUNTY ASSOCIATION of REALTORS' 11460 ROBINSON DRIVE NW, COON RAPIDS, MN 55433 (612) 757-7230, FAX (612) 757.7296 June 13, 1990 Ms. Mary Hauser, Chairperson Land Use Committee Metropolitan Council Mears Park Centre .230 E. Fifth Street St. Paul, MN 55101 Dear Ms. Hauser: RE: Public Hearing, June 7, 1990 Land Use...10 Acre Building Sites We, as members of the Anoka County Association of REALTORS~ Governmental Affairs Committee, representing a membership of 1,038, were very appreciative of the opportunity to attend the June 7, 1990 public hearing and being allowed to express our concerns. Keeping in mind that the population of Anoka County is 237,209 and growing each day, we present the following concerns to you: *Approximately 77~ of all mortgages are FHA financed. *10 acres per building site will cause a shortage of land and will drive the price up. *It will eliminate most first time home buyers. *It would cause a lower tax base which would affect cities, municipalities, and school districts. *It will put many people out of worK by Virtually stopping new home construction. *Proper land use is vital with representation from different communities on the long range land use cOllJllittee. *It will have a great impact on costs of providing all util ities. A blanket land use polic~!does not fit every community or every county, because of topography and soil types. Anoka County, as an example, has many acres of natural habitat that cannot nor should be used for building sites. We are also an area of very sandy soil that tells you septic systems are used very successfully. REALTOR- - I. a registered mart< which Identifies a prol...lonalln rea' ..'.ta who subscribes to a strlc, Code of Ethic. .. . member 01 Ihe NATIONAL ASSOCtA TlON OF REALTORS' . Ms. Mary Hauser Chairperson, Land Use Committee Metropolitan Council June 13, 1990 Page Two In regards to preserving agriculture land we are limited with regard to our agricultural base. On the other hand, Dakota, Carver and Western Hennepin Counties should be treated differently because of their excellent agriculture land. Your timely considerations in addressing this concern, that is causing many financing problems, would be greatly appreciated. We also have several excellent members that would be willing to serve on the land use committee. Their knowledge and input would be of great value in serving the public as well as your committee. In closing we reference you to the beginning of our comments. We feel we need representation of all communities on the land use committee to bring a better understanding of each individual communities situation and the desires of the residents already living there. Constituents at the grass roots level need to have input as to how they are governed and land use policies are set. 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'" '" '" < ,. o ,Yo Co o n' '" a> ~ '" Co '" Co o n. .'. a> ~ a> o '" . n .. .. :! ~' . , . ~ "'.!'! ~.; ~_; ; ; ':.;~ ;.& ~ 'i"~li" j' i' ...J ..; ... C> t- o ~ " '" ~ ~ ,... o/J-;::--il- <II .. .. ., ., . -' ~ rl " ,... --;;; c, c , ~/90 POLICE DEPARTMENT -~ 1.612-421.6632 Fax Number: 1,612.422.2092 CITY OF ANDOVER June 26, 1990 James E. Schrantz, Administrator City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Dear Mr. Schrantz: The City of Anoka Police Department, through its school liaison program, instructs the D.A.R.E. (Drug Abuse Resistance Education) program to all 5th grade students who attend school in Anoka. The D.A.R.E. program was originally conceived by the Los Angeles Police Chief and the Los Angeles Superintendent of Schools. It is aimed at the demand side of illegal drug use and targeted at the 5th grade student level. The purpose of the program is to give students every opportunity through proper instruction to resist any and all illegal drug use. It is one of the few programs in the country which appears to be working. Presently, the City of Anoka commits resources to police officers' salaries, who are instructors in this program, and we seek assistance for approximately $8000 worth of training materials that are used. It costs about $11.45 per student for just the materials used. :;J ~ ~.!-- ~~ ::-~l{i.\~ t~ ~a.~/~ ~: ,f.'t\'_.~ ,I, ~.~...- -~~;.~'-.- .ji a.. AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY Affirmative Action I Equal Opportunity Employer , -\ 'J Mr. Schrantz Page Two June 26, 1990 We believe the D.A.R.E. program is an educational means to assist with the reduction of drug abuse. D.A.R.E. is a long term commitment, however, and must be taught each year. There are approximately 90 students from the City of Andover who will be attending 5th grade in City of Anoka Schools during the 1990-91 school season. We are requesting that your community assist us with the cost of materials to educate Andover kids in the D.A.R.E. program. At $11.45 per student, we are requesting assistance for materials in the amount of $1,030.50 from your community. If the City itself chooses worthwhile endeavor for your encourage you to pass this groups. not to assist communities' request on us in this children, I to Andover very would Civic I would be happy to speak presentation to your City appropriate. I look forward with you personally or make any Council, whichever you may deem to hearing from you. Andrew C. Revering Chief of Police cc: Mark Nagel Anoka City Manager \J .:_) , :... -.J News Release Minnesota Pollution Control Agency 520 Lafayette Road, St. Paul, Minnesota 55155 ~ \':(SCP Printed on Recycled Paper (V 11rhD FORIM:MEDIATERELEASE: June25,1990 CONTACT: Katherine Carlson, MPCA (612) 296-6605 MN toll-free 1-800-652-9747 ---.-.. _.---_.-,.--_.. lt~ E,=, fi".,' r~';l V ~,f,' n~" ,. f1 N ~, ". ~~' "./ .J1 ~ _ '~ ij1~~'~~;:~'I~~~11 .. -.",. ... Gina Weber, u.s. EPA (312) 353-3207 toll-free 1-800-621-8431 CITY OF ANDOVER SU IGATION UNDERWAY AT SOUTH ANDOVER SITE A survey team begins work June 26 on the South Andover Superfund site, the Minnesota Pollution Control Agency (MPCA) and U.S. Environmental Protection Agency (EPA) said today. These measurements precede the U.S. EP A's investigation of soil at the site, with field work beginning in mid- July. The soil studies signal the second phase of activity at the South Andover sites. The investigation of ground water contamination at the site was completed in February 1988, when a cleanup solution for the ground water was proposed. Soil testing was delayed, first by the large pile of waste tires on-site, then by changes in site conditions resulting from the Andover tire fire in February 1989. Portions of the site were fenced in summer of 1989 for site security and to eliminate indiscrimate dumping. All the unburned tires were shredded and removed from the site in October 1989. Among the activities planned for mid-July are soil borings, digging of trenches on some parts of the site, and sampling of monitoring wells. The soil contaminated by the tire fire will be tested during these summer field activities to determine if this residue is a hazardous waste. The South Andover site was used in the past for disposal of industrial wastes from the Twin Cities metropolitan area, including solvents, paints, adhesives and ink sludges. These wastes have contaminated soil, surface water and ground water at the site. The EP A is the lead agency for cleanup and enforcement activities. ### rr- C c- /o '. Office of~__,_.7/.IJ/ ANOKA COUNTY SHERIFF'S ,:,...'",.iJa,'. fAE.flfID" " KENNE111 G. WILKINSON - SI iftlf' ~~;~-'2"""""1:-9-0-1 · j i. J,. - 7 .J. I .",..,. Courthouse - 325 East MaiTl Street - ATloka, liuTlefJiriY55J03 /\~mOVER 612-42/-4760 CITY OF ANDOVER MONTHLY CONTRACT PRODUCTIVITY REPORT Month: May , 1990 This report reflects the producti vi ty of the Andover contract cars, 3125, 3135, 3145 and 3155. It does not include activity by Sheriff's Department cars within the City during non-contract hours, nor, acti vi ty by other Sherif f 's Department cars wi thin the City during contract'hours. Arrests: Traffic 57 DWI 3 Radio Calls 421 Complaints 337 Medicals 13 P. I. Accidents 5 P.D. Accidents 5 Domestics 12 House Checks 101 Business Checks 346 Arrests: Felony 6 G.M. o Misdemeanor 16 Arrests: Warrant 1 Papers Served 1 Warnings 31 Aids: Public 33 Other Agencies 52 TOTAL MILES PATROLLED: 10,631 , ) Captain Len Christ Anoka County Sheriff's Department Patrol Division .._f .......____s.._~:... t"'_.~,I............. , ) . 'fJ~""'~""J . 6 { '. ....1 7:30 P.M. :J CITY of ANDOVER Regular City Council Meeting-July 3, 1990 Call to Order Resident Forum Agenda Approval ,Approval of Minutes Discussion Items 1. Special Use Permit/Po Blake 2. Special Use Permit/Blue Line collision 3. Special Use Permit/Continental Development 4. Variance;Woodland Development 5. Variance/Lyle Dunn 6. Park Dedication Fees/Lot Splits Staff, Committee, Commission 7. Carpet Replacement, Cont. 8. Award Bid/Backhoe Loader 9. Approve 1990 CDBG Subgrantee Agreement 10. Commercial Park Lot Purchases 11. CDBG Grant Analysis 12. Approve Election Judges 13. Authorization/Contract Ditch Mowing 14. Resignation/planning Commission Member Non-Discussion Items 15. Receive 1989 Audit Report 16. Award Bid/90-2/164th & Jonquil 17. Receive Feasibility Report/90-14/176th & Blackfoot 18. Approve Plans & Specs/90-12 19. Approve Plans & Specs/90-13 20. Release Grading Escrow/Red Oaks Manor 6th Approval of Claims :) CITY OF ANDOVER REQUEST FOR COUNCIL ACfION . '\ "-./ AGENDA SECTION ORIGINATING DEPARTMENT APPROV~ NO. Administration AGENDf' ITEM \Y V NO. Approval of Minutes V. Volk \Y B~/ BY: (/ The City Council is requested to approve the following minutes: June 5, 1990 Regular Meeting (Jacobson absent) June 13, 1990 Special Meeting (Orttel absent) June 19, 1990 Regular Meeting ( Elling absent) June 19, 1990 Special Closed Meeting (Elling absent) COUNCIL ACTION MOTION BY SECOND BY TO DATE ,Tn 1 y 1 r 1 qqn ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering ~~ FOR ITEM NO. 1. Special Use Permit/ P. Blake BY: REQUEST The City Council is requested to review and approve the Special Use Permit to mine soil as requested by Paul Blake in Section 15, per Ordinance 8, Section 4.24. See enclosed drawing. GENERAL REVIEW The neighbors within 350 feet of the property were notified of the hearing. The item was published in the Anoka County Union. REVIEW CRITERIA The property owner has requested to mine and remove dirt. from Jeff Bergeron's property in Section 15. A majority of the dirt will be stockpiled and then removed from the property. Section 5.03 of Ordinance 8 outlines the criteria to use in order to determine the acceptability of the Special Use Permit, including "the effect of the proposed use on the health, safety, morals and general welfare of the occupants of surrounding lands, existing and anticipated traffic conditions on adjacent streets, including parking facilities, the effect on values of property and scenic views in the area and the effect on the Comprehensive plan". The following review criteria should be examined carefully: use on the health, safet , morals commun~ty. The proposal will have no significant negative impact on the health, morals and general welfare of the community. There is a proposed haul road which would utilize Hanson Boulevard. COUNCIL ACTION MOTION BY \~ TO SECOND BY -:J Page Two July 3, 1990 2) The existing and antici~ated traffic conditions on adjacent streets, including park1ng facilities. The proposal will not have a significant impact on existing traffic conditions on Hanson Boulevard. Approximately 37,610 yJ are proposed to be removed. Soils are of mostly black used as topsoil for residential areas. 3) The effect on values of property and scenic views in the surrounding area. The proposal will have no significant negative impact on property values in the area. Stockpiles will be hidden from the surrounding property due to the number of existing trees. 4) The effect on the Comprehensive Plan. The proposal will have no significant negative impact on the Comprehensive Plan. CITY COUNCIL OPTIONS A. The Andover Planning and zoning Commission has reviewed and recommends to the City Council approval of the Special Use Permit to mine dirt in Section 15, as allowed by Ordinance 8, Section 4.24 subject to the following as requested by Paul Blake: 1. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders, snowmobilers, etc. 2. The applicant shall provide the City of Andover with a security bond to hold the City harmless for restoration of the site as determined by the City Engineer. 3. Signs to be placed on County Road 78 (Hanson Boulevard) as required by the Anoka County Highway Department. 4. The applicant is requested to make reasonable use of the property without altering the topography greatly. 5. watering of the haul road to control dust during dry times. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. to 4:00 P.M. .,J .) Page Three July 3, 1990 7. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or mulch to establish erosion control. 8. Obtaining all necessary permits from the DNR, u.s. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. 9. The applicant has indicated the area would be completed one year from the date of approval. 10. Haul routes for removing dirt from the project will be Hanson Boulevard. 11. This Special Use Permit is for a maximum of 38,000 yd3 of dirt. 12. This permit is subject to review yearly and could be extended for a total period not to exceed two years, at which time the applicant may apply for another Special Use Permit upon satisfactorily completing all procedures as approved by the City Engineer. 13. This permit is subject to significant progress being made within one year, or this permit becomes null and void. B. The City Council may recommend denial of the Special Use Permit to mine dirt in Section 15 as requested by Paul Blake. The City Council finds that the request will have a detrimental effect on the general health, safety, morals or welfare of the community, and that the request will have a negative impact on traffic or parking conditions, and that the proposal will have a detrimental effect on property values or scenic views in the area. C. The City Council may table this item. STAFF RECOMMENDATION Staff recommends Option A. PLANNING AND ZONING COMMISSION RECOMMENDATION Planning and Zoning Commission, per the June 12, 1990 meeting, recommends Option A. ~J :J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY PAUL BLAKE TO MINE SOIL FROM THE PROPERTY AT 16422 HANSON BOULEVARD NW DESCRIBED AS THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, AND THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15 BOTH IN TOWNSHIP 32, RANGE 24 AS REQUIRED PER ORDINANCE 8, SECTION 4.24. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Paul Blake to mine soil; and WHEREAS, the Special Use Permit has been reveiwed by the City Engineer; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for Paul Blake with the following conditions: 1. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders and snowmobilers, etc. 2. The applicant shall provide the City with a security bond to hold harmless for restoration of the site as determined by City Engineer. 3. Signs be placed on both sides of the driveway at Hanson Boulevard indicating trucks hauling. 4. The applicant is requested to make reasonable use of the property without altering the topography greatly. 5. watering the roadway to control dust at dry times. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. 7. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control. ~) 8. Obtaining all necessary permits from the DNR, U.S. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. 9. The applicant has indicated the area would be completed one year from the date of approval. 10. Haul routes for removing dirt from the project will be Hanson Boulevard. 11. This Special Use Permit is for a maximum of 38,000 yd3 of dirt. , \ , ) 12. This permit is subject to reveiw yearly and could be extended for a total period not to exceed two years, at which time the applicant may apply for another Special Use Permit upon satisfactorily completing all procedures as approved by the City Engineer. 13. This permit is subject to significant progress being made within one year, or this permit becomes null and void. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover that the Planning and Zoning Commission finds the following: 1. There was a public hearing at which there were no comments made, either negatively or positively. 2. The proposal will have no significant negative impact on the health, morals and general welfare of the community. 3. The proposal will not have a significant impact on existing traffic conditions. 4. The proposal will have no significant negative impact on property values in the area. 5. The proposal will have no significant negative impact on the Comprehensive Plan. 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 \ -~ @ ~-J '-~ CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER. MINNESOTA 55304 SUP ~ SPECIAL USE PERMIT. REQUEST FORM Property Address /{. L/ M NIlrV.So N (&- t.l1J AN /Y) tJh~ Legal Description of Property: (fill in whichever is appropriate) Lot Block Addition Plat Parcel PIN 'R IS-3d. -;2'-1 -1/ - CJDt:J I -f, oQO:.2 -( cocY! (If metes and bounds, attach the complete legal) Reason for Request J1l1.N'//tJ <; I (;) I tDLIP;; PO,,} ])5 (),c t6LAc,k bl/?..r 7D 1YJ4/6.':. '. Section of Ordinance g led,...... Lf,2'1'Current Zoning 12 - / 5r;-O(:l-Ie ;:;.. t,! ,',.,. tI2", r..1 v . ********************************************************************** Name of Applicant PAL1L ~~ ./3" f'! k E . , (_oo/v iZc.~ I (1J-J Business Phone "7 <)<1- .;z I... )~ Date Address i (J~::J,) Q,II: tJ,J Home Phone 7rC-(-2t.. 7"1 Signature \)~ ~ - *********************************************************~************ Property Owner (Fee Owner) (If different from above) :17.-:: Fr:- I]L::- ~ be /?.r'! rJ Address Jl.-~ DarPL j1l;J 5S5Jf1' /{., if d..d-.. ;I.4rJ6&J .(],<V () Home phone ~~.3J,;z BUSin. ess Phone Signature '---~~U' IJu, ~tLl-"'- Date ********************************************************************** c5/ln7~ 4-30-90 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 subject property must also Application fee: $150.00 filing fee: $10.00 all property owners within 350 be provided. Date .aid ~41t(}.eceiPt I feel: of the ~z!<j % ~ " . ~) /-.~ (~ CITY of ANDOVER APPLICATION fOR LAND RECLAMATION, MINING, OR SOIL PROCESSING Permit fee Receipt II Date Paid $ - /&t7- ,</,s-c, 5"- 3"-'7''' Permit No. The undersigned hereby makes application for a permit for the excavation, removal or grading of rock, sa~d, dirt, gravel, clay and other like material'within the City of Andover, agreeing to do all work in strict compliance with City Ordinances and hereby declares that all the facts and representations stated in this application are true and correct. Applicant PI/c.A.L B/ A f [:- Telephone Address I () ~ =< I (')')\),' "-" 0 C,J,,("?v RC! (\! rR) ~ 'II ~ Owne r of Land JK-Fl~ !3i..:::',fJ7(::;< CJ,J Telephone Address /f('t..( J.J. !/-,<:;,.J>d,1.1 15L. JD 1-1~ bcJv~1?. 7..s-t1--2 b 73 Ul,l.. ;~ /.-2 ') . VI : ~.;:.JOI' /IV; ( "----3 " u !.-v \10 fl., The correct legal description of the premises where: f>'-]Z -'L't - II - e"",,/ PIN IIR!~~))-~1-1~o~he removal or excavation of rock, sand, dirt, Is-.}~_~~-~-~~ravel, clay or other like materials shall or does occur, or PIN II the storage or disposition of rock, sand, dirt, gravel, clay or other like materials shall or does occur, or PIN II gradIng of rock, sand, dirt, gravel, clay or other like materials shall or does occur. Estimated time schedule of intermediate operations of the removal, storage or excavation / VEAl<.. . / Estimated date of completion of the above operation Statement of purpose for removal, storage or excavation t?L..q.-k [)/IL7" i../- 3()- 91 oP Complete list of highways, streets or other the City upon and along which the materials shall be transported /1-A-1Il Jc)-J .(j111 ^ public ways within excavated or removed (J ~) Per~ns responsible for actual operation of the site ,Jj.bA-K2 --t:I...=;CP (?c/l&i-Il...t1',J Type of Equipment / VU/YlP 1R...U( J.. "'If- 11 CJAr!~t'(. Map or plat showing the following five (5) items (may be on same map) : P4tAL 1. The existing land elevations and water table elevations based on sea level readings. 2. The proposed pit or excavation to be made showing the confines or limits thereof together with the proposed finished elevations (side slopes not to exceed 4:1) based on sea level readings. 3. Present zoning and land use (parcel and within 350' of affected property). 4. Proposed zoning and land use (if change is desired). 5. Scale to the nearest .10 feet, north arrow, and existing street names. Surety or Security Bond, in such form and sum as set by Council Resolution, running to the City, conditioned to pay the City the cost and expense of: a. Repairing any highways, streets, or other public ways within the City made necessar~ by the special burden resulting from hauling and transporting thereon by the applicant, the amount of such cost to be determined by the City Council; and conditioned further to save the City free and harmless from any and all suits or claims for damages resulting from the negligent excavation, removal or storage of rock, sand, dirt, gravel, clay or other like material within the City. b. Renovating the site to an approved land use in the event of revocation of said permit by either party. Applicant is required to furnish certificates of insurance to the City in the amounts of at least $100,000.00 bodily injury liability per person; $300,000.00 per person for injuries or death arising from anyone occurrence; and $50,000.00 property damage liability for anyone occurrence. Such insurance shall include a ten (10) day notice of cancellation or non-renewal of insurance and such notice shall be provided to the City upon its issuance. u Describe precautions to be t:'l""" tu t:'VC.,i~l rre"l-ing nuisances or hazards to public health am,1 .s;.;,.hdy. ~) .~ , '.:.;. Applicant shall post at said site a copy of the Permit granted and a copy of the Resolution of the City granting such Permit. ~~pnc~ ~{t;~~ ~) ( c <J ( .' .,., " DEPARTMENTAL COMMENTS PLANNING Present Zoning Proposed Zoning Present Land Use Proposed Land Use Ultimate Land Use Recommendations to Planning Commission .' ENGINEERING Drainage Water table Haul Roads Street Load Restrictions Bridge Crossings , Mining Procedures and Equipment Dust Control Restoration Location of Utilities How the Proposed Contours Relate to the Proposed Land Use, Streets Grades, Utility Grades, etc. Recommendations to City Council .t. . 4 :~ " ..... . . . .~.. .. . It." . , '\ '--./ ( .~~ ( '..-'--. APPROVALS Comments & Restrictions of the Planning Commission: Approval of Planning Commission Chairman Comments & Restrictions of the City Council: Approval of the City Council Mayor .:. I .' ~. : ....' (..... S....:I.....:.'::r..t , '\ V ~) .~.r"'~'.:_->' (.- .\ . - . . j ", ~" 1 \" ... / ~~~":"'::!'~.l:.'.i...;..~,...J"" CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY Of ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City of Andover Planning and Zoning Commission will hold a public hearing at 7:30 P.M., Tuesday, June 12, 1990 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Mn to consider the request of Paul, Blake for 'a Special Use Permit to mine dirt from the property at 16422 Hanson Boulevard NW described as that part of the North 1/2 of the Northeast 1/4 of the Northeast 1/4 of Section 15, and the Northwest 1/4 of the Northeast 1/4 of Section 15 both in Township 32, Range 24, Anoka County, Minnesota. All opponents and proponents of said Special Use Permit will be heard at the above time and location. ~ia Victor~a Volk, City Clerk 15 32 24 21 0001 Verna Kulenkamp 16337 Verdin street Andover, Mn 55304 :) 32 24 11 0003 -Dorothy Aasness 16425 Hanson Boulevard Andover, Mn 55304 10 32 24 43 0002 Lawrence Morrell 1850 - 167th Avenue Andover, Mn 55304 10 32 24 34 0003 William Bradish Jr. 2050 - 167th Avenue Andover, Mn 55304 <) 15 32 24 24 0013 Gerald Bosen 2027 - 161st Avenue Andover, Mn 55304 15 32 24 14 0001 Edward Bayers 1657 - 161st Avenue Andover, Mn 55304 10 32 24 44 0002 Jerome Pikus 16526 Hanson Boulevard Andover, Mn 55304 14 32 24 22 0004 Doroth Aasness 16425 Hanson Boulevard Andover, Mn 55304 15 32 24 13 0001 Peter & Roma Leuty 1947 - 161st Avenue Andover, Mn 55304 10 32 24 43 0004 Randall Plaisance 1928 - 167th Avenue Andover, Mn 55304 10 32 24 44 0003 Donald Osman Sr. 1781 - 167th Avenue Andover, Mn 55304 14 32 24 22 0002 Richard Aasness 16425 Hanson Boulevard Andover, Mn 55304 ~) 'G ~ " ~ , ~ 1'0 "'0 1JJ r;l,) C. 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I "l ~ I I I .... ......'--;: I I ~ ! ~,F--- ~~-----4---- (\ ;I\~,~~",:~~ i ""NI~HJNG~J ~'fF'a:::~EJT~ro" ~ NlGHrlN~ffE. ~ I "ESrAr,S, 8~ ~ , - C{Ti~~ ., , p'RO. , I ___J ._*- ~ , , ~l~ l, " '-J \) I I I I , . h j '\ , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 3 July 1990 DATE AGENDA SECTION ORIGINATING DEPARTMENT ~~~ROVE~D FOR NO. Discussion Planning/Zoning 4 ITEM 2. 2352 NW 136th Ave. \~)J\)/ NO, BlueLine Collision SUP BY: d' Arcy Bosell ~ BY: Iv The City Council is requested consider the Special Use permit application of Blue Line collision Center to operate a repair garage in a General Business (GB) District on the property located at 2352 NW 136th Avenue (Lot 2, Block 2, Andover Commercial Park). The Planning & Zoning Commission has reviewed said request at their regular meeting on June 12, 1990, and recommends approval for the request. Attached hereto are the Planning & Zoning Commission packet materials, the minutes of their meeting, and a Resolution for your consideration. MOTION BY ) TO "' COUNCIL ACTION SECOND BY ~) CITY OF ANDOVER COUNTY OF ANOKA STATE Of MINNESOTA RES. NO. R -90 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF RIC HAUGLAND D/B/A BLUE LINE COLLISION CENTER TO OPERATE A REPAIR GARAGE IN A GENERAL BUSINESS (GB) DISTRICT ON THE PROPERTY DESCRIBED AS LOT 2, BLOCK 2, ANDOVER COMMERCIAL PARK. WHEREAS, Ric Haugland d/b/a Blue Line collision Center has requested a Special Use Permit to operate a repair garage in a General Business District; and WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03 and 7.03; and WHEREAS, a public hearing was held and there was input received; and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the Special Use Permit requested, with conditions; - NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby grants a Special Use Permit to Ric Haugland d/b/a Blue Line collision Center to conduct a repair garage business in a General Business (GB) District, with the following conditions: 1. That the applicant will complete and file a Commercial Site plan and that said plan will be reviewed and approved by the Andover Review Committee. 2. That the applicant will maintain all current State and County hazardous material generators' permits on file with the City Planning Department; 3. That the applicant will include additional berms and both deciduous and confierous plantings on the south and west side of the property line as part of the overall landscaping plan. ~J 4. That the applicant agrees not to store any inoperable, unlicensed or dismantled vehicles outside of the proposed building; 5. That the site plan will provide the required number of parking spaces as required by Ordinance No.8, Section 8.08. 6. That if significant progress has not been made within twelve (12) months of the granting of the Special Use Permit, the Permit shall be declared null and void by the City Council. ~J 7. That the Special Use Permit is subject to annual review by the Ci ty Staff. Adopted by the City Council of the City of Andover this 3rd day of July, 1990. CITY OF ANDOVER ATTEST: James E. Elling, Mayor Victoria Volk, City Clerk ~J ~) Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -6- Also, staff does not feel the variance is necessary to allow the property owner the reasonable use of the property. Mr. Dunn stated the grade of the driveway would be affected if the garage is to be set further to the west because of the sloping factor. It is Staff's opinion that the request does not meet the hardship requirements as set forth in the City's Zoning Ordin~nce and recommends denial of this requ~st. MOTION by Vistad and seconded by Spotts that the Andover Planning and zoning Commission recommend to the Andover City Council denial of the variance requested by Lyle Dunn to allow the construction of an accessory structure to within three feet of side yard, therefore requiring a seven foot side yard variance on the property described as Lot 4, Block 2, Red Oaks Manor, Second Addition. The proposal does not meet the requirements set forth in the City's zoning Ordinance 8, Section 5.04. The Commission finds that no hardship exists due to the unique shape or topography of the property that would preclude the owner from reasonable use of his property. The variance would not have a significant negative impact on the public welfare, however no justification to grant the variance exists on the property. The request for an accessory building is reasonable, however the location does cause some difficulty because there is nothing in the lay of the land to prevent locating the building another seven feet to the west to meet the setback requirements. No hardship is created by requiring the structure to meet setback requirements. Motion carried unanimously. ! PUBLIC HEARING, SPECIAL USE PERMIT, BLUELINE COLLISION, REPAIR BUSINESS IN GENERAL BUSINESS DISTRICT, 2352 - 136TH AVENUE N.W. , ) This is a request for a Special Use Permit_to allow the operation of a repair garage in Andover's Commercial Park. The owner, Ric Haugland, is awaiting approval from the City on this location in order to secure Small Business Administration funding for the project. Mr. Haugland has also appeared before the Economic Development Committee to review the plans. They have recommended the Special Use Permit be obtained prior to the City selling the property to the a~plicant. :J Regular Planning & zoning Meeting Minutes--June 12, 1990 Page -7- The proposed business is a collision repair business specializing in insurance work. It has been in operation for several years at 14114 Round Lake Boulevard. This property is zoned R-4 single family, and Staff has been working with the owner to move the business from the residential district to the Commercial Park for nearly a year. Blake stated the proposed development site is approximately 1.7 acres, and the building size would be 11,524 square feet and would meet setback requirements. The building will include office space, repair areas and a paint room. The proposed plans also include a six foot high wood fence, plantings for screening and the required number of parking spaces. Blake also stated that the applicant is aware that no inoperable and/or unlicensed vehicles or dismantled vehicles may be stored outside of the building. Mr. Haugland stated that this would not be a problem because the majority of the vehicles outside would be those waiting to be picked up. Spotts stated that even if a vehicle was parked outside because they were waiting for a par~, that this did not necessarily mean the vehicle was inoperable under the definition of the ordinance. Ferris questioned the possibility of having a higher fence, perhaps eight feet. Staff stated that the engineering design for that high of a fence would have to include special needs for potential wind damage and makes it very costly. PUBLIC HEARING At this time the Public Hearing was opened. Keith Nelson, 2363 - 135th Avenue N.W. stated that he lives just south of this proposed site. His house sits on a hill and is concerned that there is maximum screening, although he knows it would be impossible to screen it entirely. He also stated he was aware that this was a commerical area and eventually businesses would be building there. He also expressed concern about potential water and land pollution. There is a drainage area and he was concerned that if there was a paint spill, it could back up and destroy the grass of the surrounding yards. .~ ~, ~) Q Regular Planning & zoning Meeti~g Minutes--June 12, 1990 Page -8- Mr. Haugland explained how the painting operation would work, and stated that his hazardous waste would be picked up by a company specializing in this. He stated there will be special hook-ups from the building that will go straight into the truck. The air-exchange unit will exchange the air in the building six times every hour. Mr. Nelson stated he felt better with this knowledge. Staff stated the drainage study was completed for the entire commercial park and takes into consideration this drainage area and holding ponds area. Staff stated that buildings are restricted to 30% of the ground cover. MOTION by spotts and seconded by Vis tad to close Public Hearing. Motion was carried unanimously. Ferris expressed concern that this is not an appropriate use for a new building in the Commercial Park. MOTION by Vistad and seconded by Peeks that the Andover Planning and zoning Commission recommend to the Andover City Council approval of the Special Use Permit requested by Blueline Colli&ion, to allow the operation of a repair garage in a GB district as allowed by Ordinace 8, Section 7.03 by the following described property: Lot 2, Blk2, Andover Commercial Park, Anoka County, Minnesota. The proposed use would not be detrimental to the general health, safety, morals and general welfare of the community. It will not cause serious traffic congestion or hazards. It will not seriously depreciate surrounding property values. It is in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan. A Public Hearing was held and one individual had a written statement, but did not seem to have a problem. One individual appeared at the Public Hearing to express concerns about fencing and drainage. The approval is subject to the following conditions: A. Approval is subject to filing and completing the Commercial Site Plan process including review and approval byth~ Andover Review Committee. B. The applicant will keep all current state and local hazardous materials generators permits on file with the City Planning Department. C. If significant progress is not made within twelve months of the approval of the Special Use Permit, The permit shall be declared null and void by the City Council. ,] : ~ 'J Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -9- D. The applicant will include additional berms and both deciduous and coniferous plantings on the south and west sides of the property line as part of the overall landscaping plan. E. The applicant will not store any inoperable, unlicensed or dismantled vehicles outside of the proposed building. F. The site plan will allow for required parking facilities on the site. G. This is subject to a yearly review by Staff. Discussion included Ferris' objections to approving a new building for this type of business in the Commercial Park. vote on MOTION: Yes--Spotts, Peek, Vistad and Pease. No-- Ferris with explanation as follows: 1) I do not believe that the Special Use Permit should be used to create a building. It should be used to allow different uses within a building. I believe that when granting a Special Use permit and placing special criteria on it the City is not in a position to uphold the criteria when extensive financial im~lications have been involved for the developer or the owner in order to execute the special use permit. 2) I also do ~ot believe it is in the best interest of the GB district or this particular industrial park. Motion carried. VARIANCE, WOODLAND DEVELOPMENT, FRONT YARD SETBACK, 13373 LILY STREET N.W. Blake stated that this is a request by Woodland Development for a two foot variance on ~.home constructed by them for Mr. and Mrs. Dan Sigmon at 13373 Lily Street N.W. Specifications for the home when it was built was for the garage to be 22 x 22 feet. Unfortunately the garage was constructed at 20 x 22 feet. The Sigmon's have a large older car which is difficult to house at the current size of the garage. woodland Development would like to construct a two foot addition onto the existing garage structure to meet the terms of the purchase agreement. :) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA ITEM 4. Special Use Permit Blueline collision; Repair Garage in GB District DATE ORIGINATING DEPARTMENT June 12, 1990 Planning APPROVED FOR AGENDA BY: Jay Blake, planner BY: REQUEST The Andover Planning and zoning commission is asked to review the Special Use Permit application of Blueline collision to allow the operation of a repair garage in a GB District. The request is for Lot 2, Block 2, Andover Commercial Park (2352 - NW 136th Avenue) . APPLICABLE ORDINANCES Ordinance 8, Section 7.03 allows the operation of a repair garage in a General Business District with the issuance of a Special Use Permit by the City. GENERAL REVIEW The proposed business is a collision repair business specializing in insurance work. It has been in operation for several years on property located at 14114 Round Lake Boulevard. This property is zoned R-4 single family and Staff has been working with the owner to move the business from the residential district to the Commercial Park for nearly a year. The applicant is awaiting approval from the City on this location in order to secure Small Business Administration (SBA) financing for the project. The applicant has also appeared before the Andover Economic Development Committee (AEDC) to review the plans. The AEDC has recommended that the SUP be obtained prior to the City selling the property to the applicant. The proposed development site consists of roughly 1.7 acres and is zoned GB - General Business. The building. size is 11,524 square feet and meets GB setback requirements, including: Front Yard Side Yard Rear Yard 40 feet 10 feet 40 feet , \ '_I The building uses will include office uses, repair areas, paint booth, estimation garage and storage. A storage yard is proposed for the area south and west of the building. Also included in the plans is a 6' high wood fence, various plantings for screening and the required number of parking spaces. ~J page 2 Blueline SUP June 12, 1990 The applicant is aware that no inoperable and/unlicensed vehicles or dismantled vehicles may be stored outside of the building. Exterior elevations will be presented at the meeting and will be subject to the City'S Ordinance *72 regulating the construction of Commercial structures and the protective covenants on the property as part of the Andover Commercial Park. The City has the authority to review Special Use Permit applications based on the overall effect on the health, safety, morals and general welfare of the occupants of surrounding lands; the effect on existing and anticipated traffic conditions, including parking facilities on adjacent streets and land; the effect on property values and scenic views; and the effect on the Comprehensive Plan. 1. The Health, Safety, Morals and General Welfare of the Occupants of Surrounding Lands. The proposed use is allowed by SUP in the GB district, subject to additional constraints and conditions placed on the operation of the business. Conditions of operation may include number of vehicles on the site at anyone time, screening, noise limitations, pollution concerns etc... Staff recommends that the permit conditions include keeping a copy of all state and Local hazardous materials generator permits required to operate an auto repair garage on file with the City Planning Department. Staff believes that the operation as proposed would not have a significant negative impact on the health, safety and general welfare of the community. 2. Traffic and Parking Conditions. Parking requirements are outlined in Section 8.08 of Ordinance 8. Industrial space requires 1 space per 800 square feet of gross floor area. Office area requires 1 space per 150 square feet of gross floor area. Staff has calculated the parking need to be 26 spaces. The current site plan only allows for 16 spaces. Staff recommends that additional spaces to meet the minimum requirements of Ordinance 8, Section 8.08, be supplied on the west side of the building. c~ 3. property Values and Scenic Views. Some concern has been raised regarding the view from Crosstown Boulevard over the holding pond onto the south elevation of the building. The site plan has indicated a group of plantings and a 6' high fence. Staff recommends that the fence be constructed and berms be constructed with both coniferous and deciduous plantings on the berm located south and west of the proposed fence. ~) Page 3 Blueline SUP June 12, 1990 The exterior of the building will be a mixture of concrete block panels, decorative metal siding and glass. The building will be required to be approved by the Andover Review Committee to ensure that it meets the intent of the City Ordinances. 4. Effect on the Comprehensive Plan. The proposed use will not have a significant detrimental effect on the Andover Comprehensive Plan and Development Framework. Staff believes that the continued redevelopment of the auto salvage area will occur at a faster pace with the construction of additional buildings in the Commercial Park. The City must continue to monitor this business and other auto related businesses to guarantee that all requirements of the zoning Ordinance are met. PLANNING AND ZONING COMMISSION OPTIONS: 1. The Andover Planning and Zoning Commission may recommend approval of the Special Use Permit request of Blueline Collision to allow the operation of a repair garage in a GB district as allowed by Ordinance 8, Section 8.08 on the following described property: Lot 2, Bock 2, Andover Commercial Park, Anoka County, Minnesota The Commission finds that the request meets the conditions of a planned Unit Development as outlined in Ordinance 8, Section 7.03 and that the deve~opment is in keeping with the intent of the Andover Comprehensive Plan. The approval is subject to the following conditions: A. Approval is subject to filing and completing the Commercial Site Plan process including review and approval by the Andover Review Committee. B. The applicant will keep all current state and local hazardous materials generators permits on file with the City planning department. C. If significant progress is not made within twelve (12) months of the approval of the Special Use Permit, the Permit shall be declared null and void by the City Council of the City of Andover. ~J D. The applicant will include additional berms and both deciduous and coniferous plantings on the south and west sides of the property line as part of the overall landscaping plan. :) Page 4 Blueline SUP June 12, 1990 E. The applicant will not store any inoperable, unlicensed or dismantled vehicles outside of the proposed building. . F. The site plan will allow for required parking facilities on the site. 2. The Andover Planning and zoning Commission may recommend denial of the Special Use Permit request of Blueline collision to allow the operation of a repair garage in a GB district as allowed by Ordinance 8, Section 8.08 on the following described property: Lot 2, Bock 2, Andover Commercial Park, Anoka County, Minnesota The Commission finds that the request does not meet the conditions of a planned Unit Development as outlined in Ordinance 8, Section 7.03. 3. The Andover Planning and zoning Commission may table the proposal for additional discussion. STAFF RECOMMENDATION: Staff recommends approval of the request with the conditions outlined above. :) @ ~,J :J CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 SUP ~ SPECIAL USE PERMIT REQUEST FORM property Address _\J(p--<h 1" ~'JhA;,v.:Yh. (&??.3.5"JJ /JG.u /;di,t/) i$~,J Legal Description of property: (fill in whichever is appropriate) ~ Addition Lot !J:< A:r.-p A(\Jo ,,"'-1 (f'Y\,\ M(/f(ICJ ~lfr~ '3L/- 3~- Lc..{ 32 - cO lcr_ Block Parcel PIN plat (If metes and bounds, attach the complete legal) r1f4lj})(cU. l"!:f r~\ 1~} (1;~ ( (j;d. .~f3 4,b~(.-t-\. df o Reason for R~quest ) J.AL,U~ Section of Ordinance '8 '-.. Current zoning ::q. C3 ********************************************************************** Name of Applicant () , 1 I I I \'\ \ C , ti fi C\ c< Cvv\- Q... . iJ ~ G r \lV'1. ~ L c~l(..c. Address iLl II L/ T3 () LL L-R. ; 1 G,,J 0 42 I - 2807 Home phone Business Phone Signature Date ********************************************************************** property Owner (Fee Owner) (If different from above) CtfJ ((O,\'\;U\N2-iClQ ( , YG-.rlc) e-i?, .v ~d(71)Ir Address I (,-. ~-:;;- Cress hl:..:}1 13/ {) J. . Home Phone ( 55'- <;) 0 0 Business Phone Signature i:::/t'Ll/ [D. I~ (C,-lev Date :5 /f'/9()' **********4**( *******~************************************;********** 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 .~ Filing fee: $150.00 $10.00 Application Fee: Da te Paid 5-/1-'10 Receipt jt :5 -")i.S -;. t.} . . . , , J~ .....;;, ~.>-" ~~ . I. .. 1', ~ I: I d, i I; j! III i~!ii .. "" e] <C IJd > == 1/11 o I O~.:'l ",Z '- ! o <1: - ~ LL 0 ::E 0 i= bm ~~ 'i ~~i...... u"'" ..r.r. OmlJ 11;1i .1...... _'IUIU :J ANDOVER COMMERCIAL PARK PHASE 1 ~) -" /~ rrr., ._........__r_._..... =. =' ~-=.:::::.:.",=. ~ .":": ~ -) :J :,-J ,..l.....'~c.,::-;;c".c'''':,\.'.\ d , .( ., :; , 1 .\ ~' '} .... / ~~,7 . t:'I..-u;.~~::r' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY Of ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning & zoning Commission of the City of Andover will hold a public hearing at 7:30 pm,.or as soon thereafter as can be heard, on Tuesday, June 12, 1990, at the Andover City Hall, 1685 NW Crosstown Boulevard, Andover, MN, to consider the Special Use Request of Ric Haugland d/b/a Blueline collision to operate an automotive repair garage in a General Business District on the property described as: Lot 2, Block 2, Andover Commercial Park (34-32-24-32-0014). Interested parties of said proposal will be heard at the above time and location. L~td Victor~a Volk, City Clerk f::). 'CY ~) .,. -' ." ".. ..,........~.... edit at ~~ 1685 CROSSTOWN BOULEVARD N, W. ANDOVER. MINNESOTA 55304 RECEIVED OF $~CcO QS '~ i l-LJ i ~~, Co l \ I <; I GV\ FOR ~~U,p CASH CHECK ~ /..../,./r,; FUND CODe AMOUNT GENERAL 3Xl~ ISn oD 341 is- J (", nO ll){2fj I / .{/ftli0 19.;U ( ..\.AT,....KIT 18) MOO"': .USINElIS ,",OlllllMS. IHC.. - N No. 3 45 49 ~ ) '- ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 3 July 1990 DATE AGENDA SECTION NO. Discussion ORIGINATING DEPARTMENT Planning/Zoning ,~!J\ ~ " ITEM 3. 14433 NW Hanson Bl. NO, Continental Dev. SUP BY: d'Arcy Bosell The City Council is requested to consider the Special application of Continental Development Corporation to real estate sign on the property generally located at Hanson Boulevard. APPRO~VD R AGE~ ( , /, B/I/t Use Permit erect a 14433 NW The Planning & zoning Commission reviewed said request at their regular meeting on June 12, 1990, and recommends approval for the request. Attached hereto are the Planning & Zoning Commission packet materials, the minutes of their meeting, and a Resolution for your consideration. COUNCIL ACTION SECOND BY MOTION BY ,) TO ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CONTINENTAL DEVELOPMENT CORPORATION TO ERECT A REAL ESTATE SIGN ON THE PROPERTY GENERALLY LOCATED AT 14433 NW HANSON BOULEVARD (PIN 26-32-24-32-0008) , WHEREAS, Charles S. Cook on behalf of Continental Development Corporation has requested a Special Use Permit to erect a real estate sign on property generally located at 14433 NW Hanson Boulevard; and WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that the request meets the criteria of Ordinance No.8, Section 8.07; and WHEREAS, a public hearing was held and there was no public input received; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the Special Use Permit as requested, with conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Andover hereby agrees with the recommendation of the Planning & Zoning Commission to allow for the issuance of a Special Use Permit to erect a real estate sign as requested, with the following conditions: 1. That such sign shall be set back a minimum of fifteen (15') feet from the intersecting street right-of-way lines of Hanson Boulevard and Andover Boulevard (#8, Sec. 8.10). 2. That such sign shall be limited to thirty-two (32 s.f.) square feet in size on each side (double-faced sign). 3. That such sign shall be located a minimum of ten (10') feet from any property line (#8, Sec. 8.07). 4. That such sign shall not be illuminated. 5. That the property owner, John and Beverly Scherer, reserve the right to give thirty (30) day notice to require removal of said sign. "- ~'J 6. That a maintenance agreement be entered into between the applicant and the owner to assure that said sign will be properly maintained, in a form to be approved by the City Attorney. ,,-\ 'J 7. That this Special Use Permit shall be granted for two (2) years, and upon expiration thereof, said sign shall be removed, unless a written request for extension is received and granted by the City Council prior to the expiration of this Special Use Permit. 8. That this Special Use Permit is subject to an annual review. 9. That if significant progress is not made within one (1) year toward the erection of said sign, this special use permit becomes null and void. Adopted by the City Council of the City of Andover this 3rd day of July, 1990. CITY OF ANDOVER ATTEST: James E. Elling, Mayor Victoria Volk, C~ty Clerk ~) r ,J Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -4- PUBLIC HEARING, SPECIAL USE PERMIT, CONTINENTAL DEVELOPMENT CORPORATION, REAL ESTATE SIGN, 14433 N.W. HANSON BOULEVARD Bosell stated that this is a request for a Special Use Permit to allow Continental Development Corporation to place a real estate sign on property owned by John and Beverly Scherer at 14433 N.W. Hanson Boulevard. The Scherer's have joined the application' with the reservation that they retain the ability to give thirty day notice for removal of the sign. The proposed sign is 32 square feet, which meets of the Sign Section of Ordinance 8, Section 8.07. would be subject to setback requirements. the criteria The sign Bosell stated that although the sign is advertising a housing development outside of Andover, it is allowed under the Statute. Staff also stated that a written agreement will have to be prepared to provide for the maintenance of the sign and the area for review by the City Attorney. Staff recommends approval of the request for one year with review at the end of that time and recommends a two year maximum. PUBLIC HEARING At this time, the Public Hearing portion of the meeting was opened. There were no comments. MOTION by Vistad and seconded by Ferris to close the Public Hearing. Motion carried unanimously. MOTION by Ferris and seconded by Vis tad that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of a Special Use Permit to Continental Development Corporation to erect a sign at the intersection of the southeast corner of Andover Boulevard and Hanson Boulevard, and apProval is contingent upon the following conditions: : 1. Such sign will be set back the proper sight distance, 15 feet in each direction from Hanson Boulevard and Andover Boulevard. 2. The sign would be limited to 32 square feet ln size and would be a double-sided sign. (J 3. The Special Use Permit is granted for a period of two years, and the sign must be removed by Continental Development Corporation within two years. ~J :J Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -5- 4. The owner of the property maintains a right of 30 day notice to have the sign removed. 5. The sign is not to be lit. 6. The maintenance of the sign and area would have to be in the form of a written agreement approved by the City staff. 7. The sign shall not be within ten feet of any property line. 8. The Special Use Permit is subject to significant progress being made within one year, or this permit becomes null and void. 9. The Special Use Permit is subject to a one year review. Motion carried unanimously~ VARIANCE, LYLE DUNN, SIDE YARD SETBACKI 2261 - 139TH AVENUE N.W. Blake stated that this is a request of Lyle Dunn to allow for the construction of an accessory structure to within three feet of the side yard on his property described as Lot 4, Block 2, Red Oaks Manor, Second Addition. Under Section 6.02 of Ordinance 8 a side yard setback for accessory structures is ten feet. Attached garages may encroach to within six feet if they are at least 440 square feet in size. The applicant is proposing to construct a 660 square foot garage in the rear yard of the =prope~ty. The proposed setback is three feet from the existing side property~ line, requiring a seven foot variance from the side yard setback requirement. Blake stated that back in approximately 1967, a narrow wedge piece of property was shifted to the adjoining lot of the Dunn property because the house on the adjoining lot was mistakenly built too close to the property line. This left the Dunn property with a slightly narrower backyard. Although there is a steep slope from the rear of the house to the level area where the garage is proposed to be located, Staff does not feel there are physical features on the property that would preclude the owner from constructing the building an additional seven feet to the west to meet requirements. ~) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE 12 June 1990 AGENDA ITEM 5. 14433 NW Hanson Blvd. Continental Develop. Corp. SUP Request: Real Estate Sign ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning/Zoning , \\1~ "\ \\.J I.: BY: BY: d' Arcy Bosell The Planning & Zoning Commission is requested to consider the application of Continental Development Corporation for a Special Use Permit which would allow them to erect a Real Estate Sign on the property located at 14433 NW Hanson Boulevard (southeast corner of the intersection of Hanson Boulevard and Andover Boulevard). The property is owned by John and Beverly Scherer and they have joined the application with the reservation that they retain the ability to give thirty (30) day notice for removal of said sign. Section 3.02 of Ordinance No.8 defines a "Real Estate Sign" as "a sign offering property (land and/or buildings) for sale, lease or rent." The text of the sign is shown on the drawing attached to this application. The proposed sign is thirty-two (32 s.f.) square feet in area, which meets the criteria of the Sign Section of Ordinance No.8 at 8.07. The property is zoned R-4 Single Family Urban Residential. Pursuant to Ordinance No.8, section 8.07(C)1 there is allowed a thirty-two (32 s.f.) square foot non-residential sign offering a residential development for sale. The sign would, of course, be subject to the setback requirements set out in that same section (ten [10'] feet from any lot line). There is no proposal to light the sign. Section 8.07(D)2(e) further provides that: 1. The sign area is not over two hundred (200') square feet in area; An application for a sign permit has been received and the proposed sign is 32 square feet in size. 2. The. sign is located at least one hundred thirty (130') feet from any residential structure; and On September 15, 1987, a lot split was approved affecting this property and resulted in the creation of a lot 300' x 264' with frontage along Andover Boulevard. The residential structure on the remnant parcel is greater than 130' from the proposed sign location and meets the criteria of the Ordinance. , ' '----- r , 'J 3 . An agreement is made to remove the sign within two (2) years unless an extension of time is granted by the governing body (City Council), after approval of a Special Use Permit has been granted. A written agreement will have to be prepared (similar to that done with Bent Creek Estates) to provide for the maintenance of the sign and the area. In the past that agreement has been provided to the City Attorney after the Special Use Permit has been granted and I expect that this will be no exception. This section also provides the criteria for issuance of a special use permit for any sign and provides: a. That such signs are not .closer than ten (10') fee.t to any property line; and b. Such signs do not exceed ... 32 s.f. on any other lot. Based upon the above information and the provisions of Ordinance No.8, the following action may be taken by the Planning & Zoning Commission: 1. Recommend to the City Council approval of the Special Use Permit of Continental Development Corp. to erect a Real Estate Sign and placing thereon conditions such as size, length of time, setbacks, sight triangle distances protected, etc. 2. Recommend to the City Council denial of the Special Use Permit Request of Continental Development to erect a Real Estate Sign and setting out therein the reasons why the SUP should not be granted. 3. Table to matter until the next regular meeting to allow time to consider additional information, etc. It is the recommendation of Staff that Option No. 1 be adopted by the Planning & Zoning Commission. ~) @ CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 SUP it 90- r ) '--~ SPECIAL USE PERMIT REQUEST FORM property Address /--1-1:3.3 /}UJ /-lanstn glc.,c/. 5"". F. ~ c/ //~ I!Jl.,.I?, do.4~ tr~ Legal Description of Property: (fill in whichever is appropriate) Lot Block Addition plat Parcel PIN 7{b --.ddl-a-t-3.,3J - alas- (If metes and bounds, attach the complete legal) u J '" (7' I ('""" ~ p _. '4- Reason for Request 7 ~ 6 j ~ ' ~ Section of Ordinance tl ~_ (9, u7 Current Zoning R--<j- ********************************************************************** Name of Applicant ~ #~4L. ..;-- ~ Address /26 'J3 .Le~~. .~ ~ /,.~~L.......~. rS-YJ3 Home Phone 7 S-?- 7S"(;J" Business Phone 7) 7 '7~ ('"J" Signature ~S. ~ ~ /~ Date S--22..-"(/ *3~*~*::**~~*~*~~***~*****~*xe~*********** propertydQwner {Fee owner)J - C" S, ~.A..L------ (If different from above) . Address ~Q \.,.:;- 4-~fi A v- _ 'Y\, '0 fJ.j~ / 4-t.\/V\ , Home 'hone l~'" t4 Business Phone . Signature _ (~ _/\..,~. Date S--;;l.) -~ 0 ********************************************************************** 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 the subject property must also be provided. Application fee: $150.00 filing fee: $10.00 Date Paid S-:;.-=:t?l--9'r: Receipt {t ~(u8o , -, 'J I I (COUNTY ROAD NO, 78) :- - -- - - - - - ?::.-:z::::::-~~,~~, ---::.-- I L--- ..,. ~",.,~ ~~ i '".;/~i~ I I I?""~. I ! i I 1-- r~ w~"" w.~ "-"N.",(~'/5:W.~ ~ "- ~ ~ ~ fi J~ w.'f:t ,,c u.w 4 d/4W4f ~ \ ~ .... . ~ . '" .. \-;-x \"" ~ \"'~ ",,<~ ~ ~ '\::! ~ ~. i.l...... ~,~ '-..:.. ., :'\ ~ ~- ~ ~ \ . -- ---- .- -.--- ---. ~ ~~ t, ,\ S\ ~~ l' >; ~ ~ "-'Z ~. ...~ ~ ",'li.. 1\\, , U. I>> Q ::'(g<f' ... I~' o I $~l 5"' ~ <;') CD C -z ..:..j -< ~ IS' LE; ~'j-- "\ ~ 'I- ~ ~, ~ 8 t @ >- " ;#: ~ 'J, ~ 1> ~ m : ;: ~J Ljr '-) OAK HILL ESTATES 1-1/2 ACRE HOMESITES -> 2 MILES EAST f <{I L(J('A//t>"" /7'1 /I /.J , "'I 1-'1 ,l . " fl /'/_cI'Q V_~/-{__~_6 I (/ c', I 1-. , "I -=..o.::..L " ~ '" , . t~. S;'df..J ; ~. II : l(.; i:~ i i . i : ~) :.J r~/"""_."'...: ./ '\ \ ] ., 8 / '\...... / .~~=.;/ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE Of MINNESOTA NOTICE OF PUBLIC HEARING The Planning & Zoning Commission of the City of Andover will hold a public hearing at 7:30 pm, or as soon thereafter as can be heard, on Tuesday, June 12, 1990, at the Andover City Hall, 1685 NW Crosstown Boulevard, Andover, MN, to consider the Special Use Permit Request of Continental Development Corporation to erect a thirty-two (32 s.f.) square foot sign for the purpose of directing buyers to the development known as Oak Hill Estates on the property located at: 14433 NW Hanson Boulevard (PIN 26-32-24-32-0005) Interested parties of said proposal will be heard at the above time and location. L. r ' . t-u:..-- d~-&-' Victoria Volk, City Clerk 1\.:1 \;;Y T. M. & M. K. Adler 1480 NW Andover Blvd. Andover, MN 55304 'r----K. J. & C. L. Heil '~1425 NW Andover Blvd. Andover, MN 55304 G. A. Lee & T. L. Scheid 14515 NW Drake str. Andover, MN 55304 .' '\ ,) C. J. & M. A. Hartfiel % R. & D. Dryden 19433 NW Uranium str. Anoka, MN 55303 W. G. & K. M. Hupp 1650 NW Andover Blvd. Andover, MN 55304 G. H. & G. V. Zelazny 1311 NE Adams Str. Mpls., MN 55413 C. J. & M. A. Hartfie 14853 NW 7th Avenue Andover, MN 55304 Raintree Realty, Inc. 11925 NE Hwy. *65 Blaine, MN 55434 , '\ 'J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE 3 July 1990 ORIGINATING DEPARTMENT APPR = FOR AGEr~O~\ \ BY: I~ AGENDA SECTION NO. Discussion Planning/Zoning ~ ITEM 4. 13373 NW Lily Str. '~ 'Wi-ont Yard Setback Variance BY: d I Arcy Bosell ~ The City Council is requested to consider the Variance Re~uest of Woodland Development on behalf of Dan Sigmon to allow th~ add on two (2') feet to their existing garage on the property located at 13373 NW Lily street. The Planning & Zoning Commission reviewed said request at their regular meeting on June 12, 1990, and recommends denial of the request. Attached hereto are the Planning & Zoning Commission packet materials, the minutes of their meeting, and a Resolution for your consideration. COUNCIL ACTION MOTION BY \ TO / SECOND BY ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION DENYING THE VARIANCE REQUEST OF WOODLAND DEVELOPMENT ON THE PROPERTY LOCATED AT 13373 NW LILY S~REET TO ENCROACH TWO (2') FEET INTO THE FRONT YARD SETBACK. WHEREAS, Woodland Development has requested a variance on behalf of Dan Sigmon to encroach two (2') feet into the front yard setback to allow for an addition onto the garage which was inadvertently omitted at the time the house was constructed; and WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8, Section 5.04 in that no hardship exists due to the unique shape or topography of the parcel and that the property owner is not precluded reasonable use of said property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council denial of the request as it does not meet the criteria of the Ordinance; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and denies the Variance Request as presented. Adopted by the City Council of the City of Andover this 3rd day of July, 1990. CITY OF A~DOVER ATTEST: James E. Elling, Mayor Victoria Volk, City Clerk o ~ ~ Regular Planning & Zoning Meeting ,~ Minutes--June 12, 1990 Page -9- D. The applicant will include additional berms and both deciduous and coniferous plantings on the south and west sides of the property line as part of the overall landscaping plan. E. The applicant will not store any inoperable, unlicensed or dismantled vehicles outside of the proposed building. F. The site plan will allow for required parking facilities on the site. G. This ~s subject to a yearly review by Staff. Discussion included Ferris' objections to approving a new building for this type of business in the Commercial Park. vote on MOTION: Yes--Spotts, Peek, Vistad and Pease. No-- Ferris with explanation as follows: 1) I do not believe that the Special Use Permit should be used to create a building. It should be used to allow different uses within a building. I believe that when granting a Special Use permit and placing special criteria on it the City is not in a position to uphold the criteria when extensive financial implications have been involved for the developer or the owner in order to execute the special use permit. 2) I also do not believe it is in the best interest of the GB district or this particular industrial park. Motion carried. VARIANCE, WOODLAND DEVELOPMENT, FRONT YARD SETBACK, 13373 LILY STREET N.W. Blake stated that this is a request by Woodland Development for a two foot variance on a'home constructed by them for Mr. and Mrs. Dan Sigmon at 13373 Lily Street N.W. Specifications for the home when it was built was for the garage to be 22 x 22 feet. Unfortunately the garage was constructed at 20 x 22 feet. The Sigmon's have a large older car which is difficult to house at the current size of the garage. ~ Woodland Development would like to construct a two foot addition onto the existing garage structure to meet the terms of the purchase agreement. :) Regular Planning & Zoning Meeting Minutes--June 12, 1990 Page -10- Ordinance 8 allows the City to grant the variance if it meets the interpretation for unnecessary hardship. It is Staff's recommendation that this variance does not cause unnecessary hardship as it pertains to the interpretation of the zoning ordinance. MOTION by Peeks and seconded by Spotts that the Andover Planning and Zoning Commission recommends denial for the variance requested by Woodland Development per item B of the Planning commission's memo in that the Commission finds that the proposal does not meet the requirements set forth in the City's zoning Ordinance 8, Section 5.04. The Commission finds that no hardship due to the unique shape or topography of the parcel exists and that the landowner would not be precluded reasonable use of the property. Motion carried unanimously. GENTHON PONDS ADDITION SKETCH PLAN The Planning and Zoning Commission is requested to review the proposed sketch plan of Genthon Ponds Addition. This is a continuation of an item from a previous meeting. Blake stated that the Andover Review Committee has reviewed the sketch plans, and their comments are included with tonight's packet. This development now proposes thirteen lots and will not be a planned unit development. After reviewing the sketch plan and comments by the Andover Review Committee, the Planning and Zoning Commission made the following comments: 1. University extension right of way should be dedicated. 2. Avoid variances if at all possible. 3. The Commission is in concurence with the comments by Staff. Staff will prepare these for the City Council meeting on June 19, 1990. KOBS, SKETCH PLAN, DISCUSSION The Planning and zoning Commission is requested to review the proposed sketch plan of Ken Kobs for the development of nine lots each with a minimum lot size of 2.5 acres. ~ :) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION June 12, 1990 AGENDA ITEM 6. woodland Develop- ment, Front Yard Setback variance, 13373 Lily St. DATE ORIGINATING DEPARTMENT Planning BY: APPROVED FOR AGENDA City Planner BY: REQUEST The Andover Planning and zoning Commission is asked to review the request of Woodland Development to allow for the construction of a two foot addition onto the front of a structure to within thirty three (33) feet of the front property line on property described as Lot 4, Block 6, Woodland Terrace, Second Addition. APPLICABLE ORDINANCES Ordinance 8, Section 6.02 establishes a front yard setback for structures of thirty-five (35) feet. Attached garages may encroach to within six feet of the side yard if they are at least 440 square feet in size. The current side yard setback is ten feet. PLANNING REVIEW The applicant proposes to construct a two foot addition onto the existing garage structure to meet the terms of the purchase agreement and allow for the storage of a very large vehicle. The garage is currently 2 feet smaller than required by the owner. See the attached letter from Woodland for further clarification. The request would require a two foot variance. The home was constructed in 1989 and meets all setback requirements for the R-4 Zoning District. The Certificate of Occupancy was issued on December 7, 1989. The property has some oak trees scattered on the lot, however, no severe slopes, wetlands or other physical barriers exist on the site. Ordinance #8 allows the City to grant a variance to the requirements of the zoning Ordinance if the strict interpretation of the Ordinance will cause undue hardship to the property owner. The Planning and Zoning Commission should review the request using the following criteria: .' "- '" --./ ~,) Page 2 Woodland Development Variance June 12, 1990 1. Does the strict interpretation of the Ordinance cause practical difficulties and/or unnecessary hardships to the property owners'? The request is based on the incorrect construction of the building. The applicant does not meet the terms of the purchase agreement, as the garage is two feet smaller than requested by the property owner. The hardship is not caused by the strict interpretation of the zoning ordinance. The proposal does not meet this criteria. 2. Is the hardship caused by the unique physical features of the land, including shape or condition of the parcel?, As mentioned before, the lot was part of the second addition of woodland Terrace. The grading for the lot does not create any severe slopes. In no way do the physical features of the lot create the hardship to the owner. The proposal does not meet this criteria. 3. Will the variance be detrimental to the public welfare? The addition to the garage would not create a significant problem for the welfare of the community, however, the front yard encroachment is out of character with the surrounding properties. Maintaining proper setbacks along road ways will protect the aesthetics of a neighborhood by preventing overcrowding of residences. A survey of surrounding properties has revealed that the average setback along Lily street is roughly 38 feet, slightly higher than required by the ordinance. Refer to the following summary of setback information obtained from the Andover Building Department: House Setback 13310 Lily street 30 feet (Constructed when 30' was standard) 13320 Lily street 41 feet 13333 Lily street 50 feet 13374 Lily street 35 feet 13386 Lily street 35 feet 13373 Lily Street 35 feet (Applicant) , "- '-J 13385 Lily street 35 feet , \ ~J Page 3 Woodland Development Variance June 12, 1990 Clearly the standard setback standards for this neighborhood are greater than 35 feet and to allow the encroachment would not be in the best interest of the surrounding property owners. 4. Is the variance necessary to allow the property owner the reasonable use of the property? The minimum garage size is 440 square feet for the R-4 zoning district. The subject garage is exactly that - 440 square feet. An alternative would be to expand the garage to the side to within 6' of the side lot line, as allowed by Ordinance 8. The garage could be sized up to 20' by 26' and .would allow additional storage space without encroaching on the front yard. staff believes that reasonable use of the property is not precluded with denial of the request. PLANNING COMMISSION OPTIONS A. The Andover Planning and Zoning Commission may recommend approval of the variance requested by Woodland Development to allow a two foot addition onto the front of the existing structure to within thirty-three feet of the front property line, thereby requiring a two foot front yard setback variance on property described as: Lot 4, Block 6, Woodland Terrace, Second Addition The Planning Commission finds that the proposal meets the minimum criteria established in Ordinance 8, Section 5.04 including: the strict interpretation of the ordinance causes the hardship, the hardship stems from the unique shape, topography or physical features of the land, the variance will not be detrimental to the public welfare and the variance is necessary for the reasonable use of the property. B. The Andover Planning and Zoning Commission may recommend denial of the variance requested by Woodland Development to allow a two foot addition onto the front of the existing structure to within thirty-three feet of the front property line, thereby requiring a two foot front yard setback variance on property described as: Lot 4, Block 6, Woodland Terrace, Second Addition :J The Commission finds that the proposal does not meet the requirements set forth in the City's Zoning Ordinance #8, Section 5.04. The Commission finds that no hardship due to the unique shape or topography of the parcel does not exist and that the land owner would not be precluded reasonable use of the property. /' '\ '-/ Page 4 Woodland Development Variance June 12, 1990 C. The Andover Planning and zoning Commission may table the item. STAFF RECOMMENDATION staff recommends Option *2 <J @ ~) CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W, ANDOVER, MINNESOTA 55304 Variance it VARIANCE REQUEST FORM Property Address 17)) lQ L--i L,L-~ S -r JJ.L0 Legal Description of Property: (fill in whichever is appropriate) Lot '-f. Block tp Addition I .\ .~ \..NCOOLA-IJ 0 It~a-ttc~', Lf~O(I7( Plat Parcel PIN (If metes. and bounds, attach the complete legal) Description of Request ::''t.'v ATTrk-rt '<- u Specific Hardship b.'t-t ATTAL-rtccD Current Zoning ~-4- Section of Ordinance ********************************************************************** Name of Applicant Address '?;?-O \ UDu 0 LJ\-tJ [) D'C-Urc.LD f ,'\.tZ-JJ r ~_0. {'1y\i'rt.0 ~::;\t'C,"-c-r Home PhOnej _flusiness .hone _*~ 1- '7:C6~ Signature '~'I!'i'.Dltl t~tQ/......-c_ Date ~-::z~ CZ0 *************~******************************************************* Property Owner (fee Owner) (If different from above) D-A-..J ..s I h/VI v,--J , Home Phone <-t2 7-'-1 S ,/3 Signature ~11\ ~, J"\~ Date /)23,1'190 ************************~******************************* ************ 13373 L/ 2- (- c 117 LI L- y sT ,IV ~v Address Business Phone " ) 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.. ~a:nes~ ?d~~es. o~l prol?'e-r..ty own~ wi th~50 f~ o~ the subJ~op~mus~o b~v1de~ ;:,-,'1:'. - Application Fee: Single Family - $40.00; Other Requests - $65.00 filing Fee: $10.00 Da te paidS~5'-90 Receipt it -.:f1-7-16 ~) ':_-J ATTACHMENT TO VARIANCE REQUEST FORM Description of Request We are requesting a variance in the setback requirement of 35 feet from the property line in order to put a two foot addition on the presently built garage. The purpose of this request is that the Sigmon family purchased from us a new residence with a 22 x 22 foot garage. Unfortunately during the construction period the garage was not built to specifications and was two feet short. It is currently 20 x 22 feet, . Specific Hardship We feel there is undue hardship caused to the homeowner because of an error made during the building process by us as the contractor, We also feel there is a hardship there because of the current size of the garage, the family is unable to utilize the garage for storage of their very large vehicle. jh 830 West Main Street Anoka, Minnesota 55303 (612) 427-7500 FAX: (612) 427-0192 I t t I 'I I I , , I f 1 I I 'I . , I 1 f I I I I f I' : I I I I , I 'I. - r-~.'*tI~I'r ., r---:~ \-.,...-', I c...\~ ~~,-'--' ....,:.. i . ~L:- f--f-- : ~:, 1 : _ ,.-- "'- I '. ~- . I .'. I- ',..', I I ',' ___ I . .. 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WOODLAND TERRACE fOURTH AOOI TI 0'1, Anoka County, MInnesota. 8ENOI I(J "IZK: Top OF rJlE 5our.l/WcSrrJ?LY PR"PC~TY ~d~rlE~ I~ol'l of 71-1/$ J.Or. .ElC'VATION: 877./4 ~ ~g 1--:"- ,,,, ~~ II) ~ Proposed lowest floor elevatfon: 873.4 Proposed walkout floor elevation: 878.3 Prcposed garage floor elevation: 881.0 Proposed top of found~t1an elevation: 881.4 ~ --~ . , '" ~ '" ~ 9'7~.1 /(@D -- D~NoTe$ Z .".,3 rING GqCVNO ~I.CVlfrIDN OC"'(Jr~3 p('tJ'<?O.$ro Gltt!lUNO ~LC"'ArltJN DL"cr~.s PII;'OPtJ.j,O OIlAll'(Atll P;,rT'~"'" S~c._T. It I!LVH~: ~7/f" /"7~"'SL/IrE /N-Puc~ LD~A rttlN 0'" 5Xlsrlll/i: }lovJ4- ('#"<#'~"NrAL ONLY) I hereby certtfy th~t this survey. plan or report WM prepared by me or under my direct 5upervlslon Md th.i\11 ^m "' duly Regl5- tered ~nd Surveyor under the I"INS of the State of Mlnnesot.:\ cYc;--/7J.dfdv /2263 9/;3/tf&'1 844.2' ,,' No D/llt lob No ) 1 Sc"le o Ol!'no'~' Iron Monument Book ("" 30' l!25 r...ge 7.3-75 :) ., CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 3 July 1990 DATE AGENDA SECTION ORIGINATING DEPARTMENT NO.. . ~ D~scuss~on Planning/Zoning ITEM 5. 2261 NW l39th Ave. ,(\f NO, Dunn Side Yard Variance BY: d I Arcy Bosell }\ The City Council is requested to consider the Variance R Lyle R. Dunn to allow for the construction of an accessory structure to within three (3') feet of the side yard of his property described as Lot 4, Block 2, Red Oaks Manor Second Addition (property'address: 2261 NW 139th Avenue). of The Planning & Zoning Commission reviewed said request at their regular meeting on June 12, 1990, and recommends denial of the request. Attached hereto are the Planning & Zoning Commission packet materials, the minutes of their meeting, and a Resolution for your consideration. COUNCIL ACTION SECOND BY MOTION BY ~J TO / " '---./) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -90 A RESOLUTION DENYING THE VARIANCE REQUEST OF LYLE R. DUNN ON THE PROPERTY DESCRIBED AS LOT 4, BLOCK 2, RED OAKS MANOR SECOND ADDITION, TO ERECT AN ACCESSORY STRUCTURE TO WITHIN THREE (3') FEET OF THE SIDE YARD. WHEREAS, Lyle Dunn has requested a variance to allow for the erection of an accessory structure to within three (3') feet of the side yard of his property; and WHEREAS, the Planning & zoning Commission has reviewed t~e request. and has determined that said request does not ~eet the criteria of Ordinance No.8, Section 5.04 in that no hardship exists due to the unique shape or topography of the property which would preclude the property owner having reasonable use of his property; and WHEREAS, there was no public input received either in support or against this request; and WHEREAS, the Planning & zoning Commission recommends to the City Council denial of this variance request as it does not meet the criteria of Ordinance No.8, Section 5.04; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and hereby denies the request of Lyle R. Dunn to erect an accessory structure to within three (3') feet of the side yard property line. Adopted by the City Council of the City of Andover this 3rd day of July, 1990. CITY OF ANDOVER ATTEST: James E. Elling, Mayor Victoria volk, City Clerk ~J ~J Regular Planning & Zoning Meeting Minutes--June J2, 1990 Page -5- 4. The owner of the property maintains a right of 30 day notice to have the sign removed. 5. The sign is not to be lit. 6. The maintenance of the sign and area would have to be in the form of a written agreement approved by the City staff. 7. The sign shall not be within ten feet of any property line. 8. The Special Use Permit is subject to significant progress being made within one year, or this permit becomes null and void. 9. The Special Use Permit is subject to a one year review. Motion carried unanimously, VARIANCE, LYLE DUNN, SIDE YARD SETBACK, 2261 - 139TH AVENUE N.W. Blake stated that this is a request of Lyle Dunn to allow for the construction of an accessory structure to within three feet of the side yard on his property described as Lot 4, Block 2, Red Oaks Manor, Second Addition. Under Section 6.02 of Ordinance 8 a side yard setback for accessory structures is ten feet. Attached garages may encroach to within six feet if they are at least 440 square feet in size. The applicant is proposing to construct a 660 square ~oot garage in the rear yard of the ~property. The proposed setback is three feet from the existing side property~ line, requiring a seven foot variance from the side yard setback requirement. Blake stated that back in approximately 1967, a narrow wedge piece of property was shifted to the adjoining lot of the Dunn property because the house on the adjoining lot was mistakenly built too close to the property line. This left the Dunn property with a slightly narrower backyard. ~J Although there is a steep slope from the rear of the house to the level area where the garage is proposed to be located, Staff does not feel there are physical features on the property that would preclude the owner from constructing the building an additional seven feet to the west to meet requirements. ~) Regular Planning & zoning Meeting Minutes--June 12, 1990 Page -6- Also, staff does not feel the variance is necessary to allow the property owner the reasonable use of the property. Mr. Dunn stated the grade of the driveway would be affected if the garage is to be set further to the west because of the sloping factor. It is Staff's opinion that the request does not meet the hardship requirements as set forth in the City's Zoning Ordin~nce and recommends denial of this requ8st. MOTION by Vistad and seconded by Spotts that the Andover Planning and Zoning Commission recommend to the Andover City Council denial of the variance requested by Lyle Dunn to allow the construction of an accessory structure to within three feet of side yard, therefore requiring a seven foot side yard variance on the property described as Lot 4, Block 2, Red Oaks Manor, Second Addition. The proposal does not meet the requirements set forth in the City's Zoning Ordinance 8, Section 5.04. The Commission finds that no hardship exists due to the unique shape or topography of the property that would preclude the owner from reasonable use of his property. The variance would not have a significant negative impact on the public welfare, however no justification to grant the variance exists on the property. The request for an accessory building is reasonable, however the location does cause some difficulty because there is nothing in the lay of the land to prevent locating the building another seven feet to the west to meet the setback requirements. No hardship is created by requiring the structure to meet setback requirements. Motion carried unanimously. ! PUBLIC HEARING, SPECIAL USE PERMIT, BLUELINE COLLISION, REPAIR BUSINESS IN GENERAL BUSINESS DISTRICT, 2352 - 136TH AVENUE N.W. ~\ 'J This is a request for a Special Use Permit to allow the operation of a repair garage in Andover's Commercial Park. The owner, Ric Haugland, is awaiting approval from the City on this location in order to secure Small Business Administration funding for the project. Mr. Haugland has also appeared before the Economic Development Committee to review the plans. They have recommended the Special Use Permit be obtained prior to the City selling the property to the applicant. :J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION June 12, 1990 AGENDA ITEM 7. Lyle Dunn, Side Yard Setback Vari- ance, 2261 - 139th Avenue NW DATE ORIGINATING DEPARTMENT p~anning ~ BY: Jay Blake,~city planner APPROVED FOR AGENDA BY: REQUEST The Andover Planning and zoning Commission is asked to review the request of Lyle Dunn to allow for the construction of an accessory structure to within three (3) feet of the side yard on property described as Lot 4, Block 2, Red Oaks Manor, Second Addition. APPLICABLE ORDINANCES Ordin~nce 8, Section 6.02 establishes a side yard setback for accessory structures of ten (10) feet. Attached garages may encroach to within six feet if they are at least 440 square feet in size. The rear yard setback is 30 feet. PLANNING REVIEW The applicant proposes to construct a 660 foot garage/accessory structure in the rear yard of the property. The proposed setback is three feet from the existing side property line, requiring a seven foot variance from the side yard setback requirement. The original side yard property line was shifted, in order to add property to Lot 5, Block 2 (the neighbor to the east). A steep slope exists from roughly the rear of the home to the level area where the garage is proposed to be located. A small portion of the original property was transferred to Lot 5, Block 2 and has reduced the usable rear yard area for the applicant's property. The effect of this transfer on the proposal is minimal, as the transferred property does not make the applicant's parcel a non-conforming parcel with regards to area or lot width. \ '-~ Ordinance #8 allows the City to grant a variance to the requirements of the zoning Ordinance if the strict interpretation of the Ordinance will cause undue hardship to the property owner. The Planning and zoning Commission should review the request using the following criteria: :J Page 2 Dunn Variance June 12, 1990 1. Does the strict interpretation of the Ordinance cause practical difficulties and/or unnecessary hardships to the property owners? The request for an accessory structure is reasonable, however, the location does cause some difficulty. The applicant has stated that he did not want to locate the structure in the middle of the rear yard, thereby reducing the usable space on the property. No hardship is created by requiring the structure to meet setback requirements. Also, according to Building Department records, the current use has existed for more than 20 years without the accessory structure and reasonable use of the site has not been precluded. 2. Is the hardship caused by the unique physical features of the land, including shape or condition of the parcel? There are no physical features on the property that would preclude the owner from moving the building seven feet to the west and thereby meeting the setback requirements. The shape of the parcel, while it has been altered by the transfer of land to the neighbor, does not have a unique shape. 3. Will the variance be detrimental to the public welfare? The variance would not have a significant negative impact on the welfare of the public, however, no justification to grant the variance exists on the property. 4. Is the variance necessary to allow the property owner the reasonable use of the property? This criteria is not met by the proposal. PLANNING COMMISSION OPTIONS A. The Andover Planning and Zoning Commission may recommend approval of the variance requested by Lyle Dunn to allow the construction of an accessory structure to within three feet of the side yard, thereby requiring a seven foot side yard set back variance on property described as: Lot 4, Block 2, Red Oaks Manor, Second Addition :J The Planning Commission finds that the proposal meets the minimum criteria established in Ordinance 8, Section 5.04 including: the strict interpretation of the ordinance causes the hardship, the hardship stems from the unique shape, topography or physical features of the land, the variance will not be detrimental to the public welfare and the variance is necessary for the reasonable use of the property. ~~) Page 3 Dunn Variance June 12, 1990 B. The Andover Planning and Zoning Commission may recommend denial of the variance requested by Lyle Dunn to allow the construction of an accessory structure to within three feet of the side yard, thereby requiring a seven foot side yard set back variance on property described as: Lot 4, Block 2, Red Oaks Manor, Second Addition The Commission finds that the proposal does not meet the requirements set forth in the City's Zoning Ordinance ~8, Section 5.04. The Commission finds that no hardship due to the unique shape or topography of the parcel does not exist and that the land owner would not be precluded reasonable use of the property. C. The Andover Planning and Zoning Commission may table the item. STAFF RECOMMENDATION Staff recommends Option ~2 ~) @ ~J CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 " '.\ ~ .. II 'j .." U.' !...~9 =-~~_~._ tl ~: ~ ,nl l j ~ i'.'i/412 1 1990 I' , Variance it FORM VARIAN Property Address ~0 r - /39'f<- 4Je d;) ~~ $'S-.3o~ Legal Description of Property: (fill in whichever is appropriate) L{ plat (;8/00; Parcel 6-d 0o..L ~ ;;!JddJJ;t R..3 c.( :3 Z ..2L( :;l;) 0037 Lot Block Jl- 4~ PIN Addi tion (If metes and bounds~ attach the complete legal) Description of Request Wa:.-J- ()~ ~ (Ofeof- sJ- ~ ~ ~ Foot ~. to..d Specific Hardship h~ o...2JLuJ..fJj ar~ ~DJ- a.boJ Q,,\ !? 081 II. {) section of Ordinance h, 'Ox Current Zoning ********************************************************************** Name of Applicant :/;, DtAd,J Address ~ (-13q AJE RJvJ Home Phone c; ~'\ -S/3/h Date S'"a7/90 l I ***************************************************** Signature Address HO,m~-\ p.hone Signature Business Phone Date ********************************************************************** 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 bui~ding setbacks; adjacent streets~ation and use of existing str~c~ure~ within :00 feet. : '~T~~ames and addresses of all property owner~.within 350 feet of the \.J l'subject property must also be provided. ., ,,' 'j(Application ~Filing Fee: fee: Single Family - $40.00; Other Requests - $65.00 00,~ Date Paid _-)<-?l.;:J-9C Receipt it !')-<f07-5/ n~rc indati.UJ. . , I 1 I . 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'1J, '<-< '-..r \ /::0 " ~,.., ., f I I I ~ I I II / II~ I 1/ " I . . I I i 1f1-(}f7,,~d !' S<L~4 cr- Ii I '~ I . ,11 t , 'I r It $;)' i ! 103' /37'i-J-. /'iU E.. Ill. !U. 1..0 -;- L{ Q liJct...J. I -<a-f S- 810 c/c.' ~ ffO~~'d h Cin ac'.... to! s: 8/tLk 2 "We herr.lJy certify that ':;P. ha'Je made an in,;pection of the property herr.:n df'scflbed, and that tills plat shrll'is 111<': IOcatlOll of i~1(: IlTfprovernentc thereon, anrl that th'~re arp :;0 cn:rCyhrr~f:~~ IJI~k'; inrllcatf~d tllereOfl. H1:s plat alI(I r.,'rtiflr.ale arr. for rr.:Jrt;~a:~': plliprJces only" I I ,'J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 DATE ORIGINATING DEPARTMENT AGENDA SECTION NO. Engineering ~ ITEM NO, 6. Park Dedication Fee / BY: Lot S li The city Council is requested to review the attached proposed subdivision ordinance amendment pertaining to park dedication as prepared by the City Attorney. Jeff Kieffer will also be at the meeting to discuss this item with the City Council. COUNCIL ACTION SECOND BY MOTION BY " 'J TO ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING SECTION 9.07.10 OF ORDINANCE NO. 10 TO PROVIDE FOR PARK DEDICATION REQUIREMENTS FOR NEW DEVELOPMENTS. The City Council of the City of Andover does hereby ordain: . Section 1. Section 9.07.10 entitled Dedicated Land, Minimum Area, is amended to read as follows: 9.07.10 Dedicated Land, Minimum Area. Developers of land within the City of Andover shall be required to dedicate to the City for park, open space and playground purposes as a minimum that percentage of gross land area as set out below: a. Residential Dwelling Units/Acre (Gross Density) Requirement 0-3 10% Over 3 Add two ( 2 % ) percent to dedication requirements for each additional dwelling unit over three (3) units per gross density. b. Commercial-Industrial (100, 8/07/79) 10% ,-J Notwithstanding the foregoing for all subdivisions by metes and bounds description the subdivider or developer may elect to pay in lieu of the above mentioned park dedication requirements the sum of Four Hundred and nol100 ($400.00) Dollars for each dwelling unit that could be constructed upon the proposed subdivided property. In the event that developer elects to pay said Four Hundred and no/100 ($400.00) Dollars charge, the City may collect additional park fees in the event developer re-subdivides the property in the future. Such future park fees shall be based upon the percentage schedule set out herein; however, developer shall receive a credit for the per unit charge paid previously. -1- r ') '-~ :J Section 2. Effective Date of Ordinance. This ordinance shall take effect and be in full force after its passage and publication. Adopted this ATTEST: day of ,19_ Mayor Clerk -2- :,) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 3, 1990 AGENDA SECTION NO, Staff, Committee, Comm. ITEM Carpet Replacement, Con . NO. 7. ORIGINATING DEPARTM~N;o. Building ~/ BY: Dave Almgren This item was continued from the June 19th Council meeting so that we could determine where the funds would come from to have the carpeting replaced. Under 41940, City Hall Building, the following funds are available: 217 Heating Fuel $ 446.13 223 Repair/Maint.Supp-Bldg. 500.00 402 Repari/Mtc.Labor-Bldg. 300.00 $ 1,246.13 COUNCIL ACTION " MOTION BY TO SECOND BY '~J CJ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 AGENDA SECTION NQ Staff, Committee, DATE ORIGINATING DEPARTMENT ITEM NO, 8. Award Bid/ Ba BY: Frank stone ~ Public Works Bids were received and opened at 10:00 A.M., June 22, 1990 at City Hall. Bid specifications were for acceptable models; Case 580k, Ford 555C, JCB 1400-B, John Deere 310C, or approved equals. Dealers agreed that all above models were equal before specs were sent out. In addition to the basic backhoe loader four options were considered: A. 24" tapered sand bucket, no teeth. B. Multi-purpose (four-in-one clam type bucket) with 1 yard capacity. Also equipped with two (2) flip over style construction forks. Hydraulic controls as needed. C. 18" V frost bucket. D. Extended warranty, 5-year, 5,000 hour power train warranty. List of bidders; basic tractor loader prices and option prices: J.I. Case Co. Basic Unit Option A Option B Option C Option D TOTAL PACKAGE $35,020.00 $ 621. 00 $ 3,100.00 $1,110.00 $1,480.00 $41,,331. 00 (continued) MOTION BY ,J TO COUNCIL ACTION SECOND BY ::J Page Two July 3, 1990 Long Lake Ford Basic Unit Opti on A Option B Opti on C Opti on D TOTAL PACKAGE L-Z Company Basic Unit Option A Option B Option C Option D (3-yr, 3,600 hrs) TOTAL PACKAGE Lano Equipment Basic Unit Option A Option B Option C Option D TOTAL PACKAGE Lake state Equipment Basic Unit Option A Option B Option C Option D TOTAL PACKAGE $36,788.00 $ 740.00 $ 1,797.00 $ 970.00 $ 1,450.00 $41,745.00 $36,870.00 $ 625.00 $ 3,386.00 $ 1,150.00 $ 850.00 $42,881. 50 $37,706.00 $ 1,600.00 $ 1,500.00 $ 1,275.00 $ 1,500.00 $43,581. 00 $37,150.00 $ 1,200.00 $ 2,105.00 $ 2,400.00 $ 1,450.00 $44,302.00 J.I. Case is low bid for basic unit and low bid with all the options totalled. Case Power Equipment has served the City well in the past and I feel they will this time. Option B-1 feel we probably don't need at this time. The regular bucket that comes with the machine will be fine. (continued) '\ ,j ::J Page Three July 3, 1990 The total package I would recommend is: One Case 580-K Tractor Backhoe Loader Option A, 24" tapered sandbucket, no teeth Option C, 18" V Frost Bucket Option D,S-year, 5,000 hrs. warranty TOTAL PACKAGE Also, a radio from Motorola GRAND TOTAL $35,020.00 $ 621. 00 $ 1,110.00 $ 1,480.00 $38,231. 00 $ 921. 00 $39,152.00 We have $50,000 budgeted in Water Distribution Budget for 1990. "- ) /'\ '--./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 AGENDA SECTION NO. Staff, Committee, DATE ORIGINATING DEPARTMENT ITEM NO.9. Approve 1990 CDBG Sub ran tee A r BY: BY: Engineering The City Council is requested to approve the Anoka County Development Block Grant Program Agreement between Anoka County, a political subdivision of the State of Minnesota, and the City of Andover. Enclosure: Agreement Andover's project MOTION BY " ,,_~ TO COUNCIL ACTION SECOND BY () . ' ~ x_. COUNTY OF ANOKA Urban Anoka County Community Development Block Grant COURTHOUSE ANOKA, MINNESOTA 55303 612-421-4760 June 21, 1990 ---~ ~ [""" l< ;;"'.0 "" ~' \. If j tJ "" ,; . '....J. J.;.... ",;". .'."." . ~ ~ 1:1 1[.1'. in r~"-~"--'-l. ' lJ \,,\.;/,122 1990 I I . Mr. Jay Blake, Planner City of Andover Community Center 1685 Crosstown Boulevard N,W. Andover, Minnesota 55304 CITY OF ANDOVER Dear Jay: I am forwarding three copies of your 1990 CDBG subgrantee Agreement. Please return all three copies after execution by the appropriate party. I will return one fully executed copy to you after our attorney approves the Agreement. Please return the complete executed agreements as soon as possible since we need the documents on file in order to release funds to your agency. Thank you for your cooperation, You can reach me at 421-4760, extension 1178, with any questions, Sincerely, 9L- JoAnn 0, Wright Community Development Manager JOW:sw '-) Affirmative Action / Equal Opportunity Employer '<D:ll.>1 ~J \ '-~ ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT between ANOKA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA AND CITY OF ANDOVER This agreement, entered into this /.k'f- day of < , 1990, between Anoka County, a political subdivision of the State of Minne ta (hereinafter referred to as the "County"), and the City of Andover, 1685 Crosstown Boulevard N.w., Andover, MN 55.304 (hereinafter referred to as the "Agency"): RECITALS A, The County is an urban county applicant for block grant funds under the Housing and Community Development Act of 1974 (the Act), Pub. L. 93-383 as amended, and will receive block grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p. 570; B. An Urban County Consortium has been established by a Joint Cooperation Agreement between the County and municipal corporations within the County, the terms of which specify allocation of block grant funds to those participating jurisdictions for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by HUD; , C, The County desires to have certain services performed by the Agency as described within this agreement, and as authorized by Ano~a County resolutions for the purpose of implementing eligible activities under the Act and HUD regulations; D, It is appropriate and mutually desirable that the Agency be designated by the County to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations, state law and local law are adhered to, as provided for herein; E, The purpose of this Agreement is to provide for cooperation between the County and the Agency, as the parties in this agreement, in implementing such eligible activities in the manner described above; F, The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota. G, The following attachments as listed below are hereby incorporated in this agreement and made a part hereof: , 1 - ~) ':_J PART I. GENERAL CONDITIONS PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS PART III. EVALUATION AND RECORD KEEPING Exhibit A ' Project Description Summary Exhibit B - 1990 Program as approved by County 'Board Exhibit C - County Board Resolution 85-42 Exhibit D - County Board Resolution 85-23 Exhibit E ' County Board Resolution 86-70 Exhibit F ' Certification H, In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. COUNTY AGENCY Tim Yantos Deputy County Administrator (Signature) Date: Name (Typed) Approved as to form: Title Date: Assistant Anoka County Attorney - 2 - ~J <J PART I, GENERAL CONDITIONS 1, SCOPE OF AGREEMENT The Agreement between the parties shall consist of the signature page, the general conditions; the federal, state and local program requirements; the evaluation and record keeping requirements, each and every project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions, This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement. 2, SCOPE OF SERVICES The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the Project Request Form. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. 3, COMMENCEMENT AND TERMINATION OF PROJECTS Upon release of project-related funds by HUD pursuant to federal regulations, the County shall furnish the Agency with written notice to proceed. No work on the proiect shall occur prior to the notice to proceed without written approval from the County. Termination dates for individual projects shall be specified in the appropriate exhibits and be in compliance with County Board Resolution #85-23, attached as Exhibit C. Costs incurred after the termination date will not be reimbursed. The termination date may be changed through amendment of this Agreement. 4, ADMINISTRATION A. The Aqency shall appoint a liaison person who shall be responsible for overall administration of block arant funded proiect(s) and coordination with the County Housina and Community Development Proqram. The Aaency shall also desianate one or more representatives who shall be authorized to sian the monthly Voucher and Reportinq Form, The names of the liaison persons and representatives shall be specified in the Exhibits, 5, COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for the services specified in the Exhibits in an amount not to exceed the amount specified on Exhibit A. Reimbursement shall be based on a Community Development Voucher and Reporting Form submitted with supporting documents and signed by the Agency's authorized representative, - 3 - (J ,~ B, The Agency shall submit a properly executed Voucher and Reporting Form no later than fifteen (15) working days after the close of each billing period. The County will make payment to the Agency not more than working days after said invoice is received and approved by Anoka County, The County will issue a statement of correction voucher in the event that the voucher request is erroneous, Payment does not constitute absolute approval. 6. OPERATING BUDGET The Agency shall apply the funds received from the County under this Agreement in accordance with the requirements of the Exhibit(s) attached hereto. 7, FUNDING ALTERNATIVES AND FUTURE SUPPORT A, The Agency shall report all project income generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this Agreement. All program income shall be forwarded to Anoka County except as provided in Exhibit D, The County will maintain a record of program income received by individual projects for future use by the subgrantee for eligible CDBG activities. B. The County makes no commitment to future support. and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. C, Should anticipated sources of revenue not become available to the County for use in the Community Development Block Program, the County shall immediately notify the Agency in writing and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County. 8, AMENDMENTS Either party may request modifications in the scope of services, terms, or conditions of this Agreement. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. 9, ASSIGNMENT AND SUBCONTRACTING A, The Agency shall not assign any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The Agency agrees that it is as fully responsible to the County for the - 4 - :',) 10, ~~ acts and omissions of its subcontractors and of their employees and agents, as it is for the acts and omissions of its own employees and agents. HOLD HARMLESS AND INDEMNIFICATION A. The Agency further agrees that it is financially responsible (liable) for any audit exception which occurs due to its negligence of failure to comply with the terms of the Agreement. B, The Agency agrees to protect and save the County, its elected and appointed officials, agents, and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Agency's employees or third parties on account of personal injuries, death or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Agency and/or its agents, employees, subcontractors or representatives under this Agreement. 11. INSURANCE For all agencies which are not municipal corporations organized under the laws of the State of Minnesota, the following insurance requirements shall apply: A. Public Liability Insurance The Agency shall obtain and maintain continuously public liability insurance necessary to protect the public on the subject premises naming the County as insured to the extent of Five Hundred Thousand and nO/100 ($500,000,00) Dollars General Liability Insurance including bodily injury and property damage with umbrella excess liability of Two Million and nO/100 ($2,000,000,00) Dollars and provide proof of Worker's Compensation Insurance pursuant to the Statutes of the State of Minnesota. B, Buildinq Risk Insurance The Agency shall cause to be maintained, during the period that contract work is in progress, All Risk Builder's Insurance, (including fire, vandalism, malicious mischief and extended coverages) in an amount not less than the value of destructible contract work in place, C, Proof of Insurance The Agency shall provide certificates of insurance required under this section, or, upon request of the County, duplicates of the policies as evidence of the insurance protection afforded, Such insurance policies shall not be reduced or cancelled without sixty (60) days prior written notice to the County. - 5 . ~J 12. CONFLICT OF INTEREST A. Interest of Officers. Emplovees, or Aqents - No employee, agent, consultant, officer, or elected or appointed official of the Agency who exercises any functions or responsibilities with respect to Block Grant Program activities assisted under this Program or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. B, Interest of Subcontractor and Their Emplovees . The Agency agrees that it will incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any personal financial interest, direct or indirect, in this Contract. The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the Agency and the County, 13, DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the Provider's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13,01 et seq, or any other applicable State statutes and any State rules adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. The Provider agrees to abide by these statutes, rules, and regulations and as they may be amended. 14. TERMINATION A, This Agreement is subject to termination upon thirty (30) days written notice by the County should: (1) The Agency mismanage or make improper or unlawful use of Agreement funds; . , '\ , '-_/ - 6 - ,) (2) The Agency fail to comply with the terms and conditions expressed herein or the applicable statutes, regulations and directives of the Federal Government, State, or County; (3) The Agency fail to provide work or services expressed by this Agreement; or (4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material respect. B. This Agreement may be terminated by the County immediately upon the receipt by the County of notice of the loss of federal funding for the Community Development Block Grant Program or any project of the Agency, C. This Agreement is subject to termination upon thirty (30) days written notice by the Agency should: (1) The County fail in its commitment under this Agreement to provide funding for services rendered, as herein provided; or (2) Block Grant funds become no longer available from the Federal Government or through the County. D. Otherwise this Agreement shall terminate on the latest termination date specified on the Project Request Form attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement except that the County may terminate the agreement if funds are not expended as required by Exhibit C. E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the County Block Grant fund. F. In the event that termination occurs under paragraph A(1} of this section, the Agency shall return to the County all funds which were expended in violation of the terms of this Agreement. 15, REVERSION OF ASSETS Upon the expiration or termination of this agreement, the Agency shall transfer to the County any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds, In addition, at the expiration or termination of this agreement, any real property under the Agency's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000,00 shall be disposed of in a manner which results in the agency being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to the expenditures of non-CDBG funds for acquisition of, or improvement to, the real property. Such reimbursement shall not be required if the conditions of 24 CFR ~ 570,503(b}(8}(i} are met and satisfied. '-) - 7 . (J <_J 16, DISPOSITION OF PROGRAM INCOME Upon the expiration or termination of this agreement, program income shall be returned by the Agency to the County, - 8 - ~) . \ ',~ PART II, FEDERAL AND LOCAL PROGRAM REQUIREMENTS 1. GENERAL REQUIREMENTS The Agency shall comply with the Housing and Community Development Act of 1974, Public Law 93-383 as amended, and Implementing Regulations at 24 CFR p, 570. 2, PROCUREMENT STANDARDS In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages. In addition, the Agency shall comply with the requirements of the U,S. Office of Management and 24 CFR Part 85 or Budget Circular A.110 as appropriate, relating to bonding, insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand and no/100 ($10,000,00) Dollars, Where federal standards differ from local or state standards, the stricter standards shall apply, The federal standard of Ten Thousand and no/100 ($10,000,00) Dollars for competitive bidding shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten Thousand and no/100 ($10,000,00) Dollars. 3. ENVIRONMENTAL REVIEW A. National Environmental Policv Act . The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (29 CFR pt. 58), The County may require the Agency to furnish data, information and assistance for the County's review and assessment in determining whether an Environmental Impact Statement must be prepared. B, State Environmental Policy Act. Agencies which are branches of government under Minnesota Law retain responsibility for fulfilling the requirements of the State Law regarding environmental policy and conservation, and regulations and ordinances adopted thereunder, If the agency is not a branch of government under Minnesota Law, the County may require the agency to furnish data, information and assistance as necessary to enable the County to comply with the State Environmental Policy Act. C, Satisfaction of Environmental Requirements - Project execution under this Agreement by either the County or the Agency shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts, A written notice to proceed will not be issued by the County until all such requirements are complied with. - 9 - :) ....~ 4, NONDISCRIMINATION A, General The Agency shall comply with all federal, state and local laws prohibiting discrimination on the basis of age, sex, marital status, race, creed,. color, national origin or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VIII; Executive Order 11063; Executive Order 11246; and Section 3 of the Housing and Urban Development Act of 1968, Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR 570,602(b) (1-3) and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570,602(b)(4). These requirements are summarized in the following paragraphs: B. Proqram Benefit The Agency shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race, color, sex, or national origin. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VII; Section 109, Housing and Community Development Act of 1974), C, Fair Housinq The Agency shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1968, Title VII; Executive Order 11063) D, Emplovment 1. In all solicitations under this Agreement, the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section, 2. The Agency shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap, except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training. (Executive Order 11246 as amended) . 10 - , " ,-j 3, To the greatest extent feasible, the Agency shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects (Section 3, Housing and Community Development Act of 1968, as amended). E. Contractors and Suppliers 1. No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory. mental, or physical handicap, Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended) 2. All firms and organizations described above shall be required to submit to the Agency certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided, that certificates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10,000, 3, To the greatest extent feasible, the Agency shall purchase supplies and services for activities under this agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Community. Development Act of 1968, as amended.) F, Notice 1. The Aoencv shall include the provisions of the appropriate subsections 8.. B, C. D. and E of this section in everv contract or purchase order for Qoods and services under this Aoreement and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of. the commitments made in these subsections, 2. In advertising for employees, goods or services for activities under this Agreement, the agency shall utilize minority publications in addition to publications of general circulation, 5. LABOR STANDARDS The Agency shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections 327-333); provided that this section shall not apply to ,~) - 11 - ,-" '-J rehabilitation of residential property designed for residential use by fewer than eight families. A copy of the current Davis-Bacon wage rate must be included in all construction bid specs and contracts over Two Thousand and no/l00 ($2,000,00) Dollars. 6, PROPERTY MANAGEMENT A, The Agency agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of Three Hundred and no/l00 ($300,00) Dollars or more per item, is upon its purchase or receipt the property of the County and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Appendix N to the U,S. Office of Management and 24 CFR Part 85 or Budget Circular No. A.ll 0 as appropriate. B, The Agency shall be responsible for all such property, including its care and maintenance. C, The Agency shall admit the County's property management officer to the' Agency's prel'Dises for the purpose of marking such property, as appropriate, with county property tags. D. The Agency shall meet the following procedural requirements for all such property: 1, Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; and location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two (2) years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented, 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 7, ACQUISITION AND RELOCATION A. Any acquisition of real property for any activity assisted under this Agreement which occurs on or after the date of the County's submission of its Block Grant application to HUD shall comply with Title III of the Federal Uniform Relocation <) - 12 - () Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Uniform Relocation Act Amendments of 1987 Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Pub, L 100-17, 101 Stat. 246-256) (hereinafter referred to as the Uniform Act) (40 USC section 4601) and the Regulations at 49 CFR pt. 24, ' B, Any displacement of persons, business, nonprofit organizations or farms occurring on or after the date of the County's submission of its Block Grant application as the result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act as amended by the Uniform Relocation Act Amendments of 1987 Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Pub. L 100-17, 101 Stat. 246-256) and the Regulations at 49 CFR pt. 24. The Agency shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR section 570,606 (a) & (b), 8. HISTORIC PRESERVATION The Agency shall meet the historic preservation requirements of Public Law 89-665 and the Archeological and Historic Preservation Act of 1974 (Pub, L. 93-291) and Executive . Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR pt. 800, Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR pt. 58, 9. ARCHITECTURAL BARRIERS Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 USC section 4151). 10. NONPARTICIPATION IN POLITICAL ACTIVITIES The Agency shall comply with the provisions of the Hatch Act (5 USC Chapter 15), 11. NATIONAL FLOOD INSURANCE The Agency may not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3{a) of the Flood Disaster Protection Act of 1973 (Pub, L. 93- 234) and the Regulations thereunder (24 CFR Ch. X, subchap. B), The Agency shall comply with the Regulations at 24 CFR section 570,605. .:) - 13 - ~) 13, '-J 12, AIR AND WATER POLLUTION The Agency shall comply with the provisions of the Clean Air Act, as amended (42 USC section 1857 gg ~ and the Federal Water Pollution Control Act, as amended (33 USC sections 1251 et ~ and the regulations issued thereunder (40 CFR pt. 15). LEAD-BASED PAINT POISONING The Agency shall comply with the HUD Lead-Based Paint Regulations (24 CFR pt. 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 USC sections 4831 et ~ requiring prohibition of the use of lead-based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures); elimination of immediate lead-based paint hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950, 14, NONSUBSTITUTION FOR LOCAL FUNDING The Block Grant Funding made available under this Agreement shall not be utilized by the Agency to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. . 15, PUBLIC OWNERSHIP For Agencies which are not municipal corporations organized under the laws of the State of Minnesota, it may become necessary to grant the County a property interest where the subject project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly-owned facilities and improvements. The Agency shall comply with current County policy regarding transfer of a property interest sufficient to meet the public ownership requirement. 16, PUBLIC INFORMATION A, In all news releases and other public notices related to projects funded under this Agreement, the Agency shall include information identifying the source of funds as the Anoka County Community Development Block Grant Program, B. For all construction projects the Agency shall erect a sign to County specifications at the construction site, identifying the source of funds, except that this requirement may be waived for construction projects of Ten Thousand and nO/100 ($10,000,00) Dollars or less. 17. APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTS A. An Agency which is the governmental entity (including public agencies) shall comply with the requirements and standards of OMB Circul~r No. A-8?, "Principles for Determining Costs Applicable to Grants and Contracts with State, - 14 - ~) Local and Federally recognized Indian Tribal Governments", OMS Circular A-128, "Audits of State and local Governments" (implemented at 24 CFR Part 44) and with the following sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments": (1) Section 85,3, "Definitions"; . (2) Section 85,6, "Exceptions"; (3) Section 85.12, "Special grant or subgrant conditions for 'high-risk' grantees"; (4) Section 85,20, "Standards for financial management systems," except paragraph (a); (5) Section 85,21, "Payment," except as modified by ~ 570,513; (6) Section 85,22, ':Allowable costs"; (7) Section 85,26, "Non-federal audits"; (8) Section 85,32, "Equipment," except in all cases in which the equipment is sold, the proceeds shall be program income; (9) Section 85,33, "Supplies"; (10) Section 85,34, "Copyrights"; (11) Section 85,35, "Subawards to debarred and suspended parties"; (12) Section 85.36, "Procurement," except paragraph (a); (13) Section 85.37, "Subgrants"; (14) Section 85.40, "Monitoring and reporting program performance," except paragraphs (b) through (d) and paragraph (f); (15) Section 85.41, "Financial reporting," except paragraphs (a), (b), and (e); (16) Section 85.42, "Retention and access requirements for records"; (17) Section 85.43, "Enforcement"; (18) Section 85.44, "Termination for convenience"; (19) Section 85.51, "Later disallowances and adjustments" and (20) Section 85,52, "Collection of amounts due." B, An Agency if it is not a governmental entity, shall comply with the requirements and standards of OMB Circular No, A-122, "Cost Principles for Non Profit Organizations" or OMB Circular No. A-21 , "Cost Principles for Educational Institutions," as applicable, and with the following Attachments to OMB Circular No. A-110; (1) Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance; (2) Attachment B, "Bonding and Insurance"; (3) Attachment C, "Retention and Custodial Requirements for REcords", except that in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDSG activities starts from the date of submission of the annual performance and evaluation report, as prescribed in ~ 570,507, in which the specific activity is reported on for the final time; (4) Attachment F, "Standards for Financial Management Systems"; . _J - 15 - :) (5) (6) ,J (7) Attachment H, "Monitoring and Reporting Program Performance", Paragraph 2; Attachment N, "Property Management Standards", except for paragraph 3 concerning the standards for real property, and except that paragraphs 6 and 7 are modified so that - (i) In all cases in which personal property is sold, the proceeds shall be program income, and (ii) Personal property not needed by the sub recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; and Attachment 0, "Procurement Standards," - 16 - PART III. EVALUATION AND RECORD KEEPING ,- ) ,~ 1, EVALUATION The Agency agrees to participate with the County in any evaluation project or performance report, as designed by the County or the appropriate Federal agency, and to make available all information required by any such evaluation process, 2, AUDITS AND INSPECTIONS The Agency shall obtain an independent audit on an annual basis if the budget is at least $25,000,00. Such audit shall be made by qualified individuals who are sufficiently independent of those who authorize the expenditure of Federal funds. The audit report shall state that the audit was performed in accordance with the generally accepted governmental audit standards for financial and compliance audits of the U, S. General Accounting Office Standards for Audit of Governmental Orqanizations. Proqrams, Activities. and Functions, and the provisions of OMB A-11 0, The records and documents with respect to all matters covered by this contract shall be subject at all times to inspection, review or audit by the County, County, Federal or State officials so authorized by law during the performance of this contract and during. the period of retention specified in this Part III. 3. RECORDS As required by HUD Regulations, 24 CFR pt. 570, the Agency shall compile and maintain the following records: A, Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the provisions of Appendix G to the U,S, Office of Management and 24 CFR Part 85 or Budget Circular A-110 as appropriate, These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. B, Citizen Participation -Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded block grant projects, C. Relocation - Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload. D. Property Acquisition - Agency files must contain (a) invitation to owner to accompany appraiser during inspection, (b) at least one property appraisal, (c) statement of basis for determination of just compensation, (d) written offer of just "- '-~ - 17 - / ') '-~ compensation; (e) all documents involving conveyance, (D settlement cost reporting statement, and (g) notice to surrender possession of premises. E. Equal Opportunity - The Agency shall maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefitted from, the activities carried out under this Agreement. The Agency shall also maintain data which records its affirmative action in equal opportunity employment, and its good-faith efforts to identify, train, and/or hire lower- income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR 570,603. G. Determinations of Condition of Slum and Bliqht The agency will submit: 1, an attorney's opinion that an area designated as slum or blighted for the purpose of qualifying a CDBG activity meets the State or local definition of same; 2. the boundary of the area so designated; 3, a list of the conditions the CDBG-funded activity is intended to address, In the event that a single property is designated as blighted, the community must submit a certified building inspector's report on the conditions leading to that determination~ H, Economic Development The agency will maintain copies of financial statements that indicate the historical and projected income of a company approved for CDBG assistance, Those records will include three years of profit and loss statements, balance statements and projected income statements, The agency will also keep records indicating the amount and terms of assistance provided together with an explanation of how the assistance provided meets the "necessary and appropriate" requirements communicated in the June 2, 1987 Stokvis memorandum, I. Such other records as may be required by the County and/or HUD, 4. RETENTION OF RECORDS Required records shall be retained for a period of three (3) years after termination of this Agreement, except as follows: (1) Records that are the subject of audit findings shall be retained for three (3) years after such findings have been resolved. (2) Records ') ~-- /" - 18 - ':) .~-) for nonexpendable property shall be retained for three (3) years after its final disposition. Nonexpendable property is defined in Appendix N to U.S, Office of Management and 24 CFR Part 85 or Budget Circular A-11 0 as appropriate. 5, REPORTS The Agency shall submit such reports as required by the County on a monthly. quarterly or annual basis and also prior to project execution, Those reports will include but not be limited to client information, revolving fund accounting, inventory management, general accounting, property acquisition/disposition, displacement/relocation, and low-income housing replacement. - 19 - ~J --) Exhibit B FINAL STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS SPECIFIC OBJECTIVES FOR 1990 ANOKA COUNTY CD8G PROGRAM The following objectives have been established for assisting communities and citizen groups in the formulation of specific program activities. The objectives listed below are in brief form, A more complete development of program policy and rationale may be found by contacting the above mentioned source. 1. Support decent, safe housing for residents in Anoka County through: (1) rehabilitation of existing structures; (2) eligible assistance for construction of new lower income housing; (3) acquisition of housing suitable to meet lower income needs. 2. Assist program efforts to redevelop blighted areas through: acquisition and clearance, upgrading public facilities and utilities, encouraging new development, seeking local financial commitment to the effort. 3. Develop and upgrade public facilities and utilities which serve primarily lower income persons or which are an integral part of redevelopment efforts in blighted areas. 4. Support economic development in Anoka County to provide new jobs, primarily for lower income persons. 5. Promote the removal of architectural barriers, 6. Provide funding for public service activities which serve primarily lower income persons. 7. Planning and administration to support the above. The above objectives were developed in cooperation with the communities in Anoka County and are based on need as illustrated by statistics drawn from the 1980 census data and comments from community residents, Overall, they are a continuation of the 1981-1989 CDBG programs, with many communitIes sustaining efforts begun in those years. :,-J "The.. budget totale reflect total available to the City, not the total of the city proJecw In thle column .Ince tome of the city doll.no are placed In Alexandra Hou... RISE and/or ARC on lut page. _" Page 3. ~ ') Columbus Townshlg , '- 032 Senior Coordinator $12,000 VI For Township Senior Center, 16319 Kettle River Boulevard. 059 Contingency for '91 $5.118 , i Total Columbus Township $17,118 Coon Rapids 033 Economic Development $87,423 IV Loans to business. 046 Public Services Pool $8,900 VI N.W. Kinship, Senior Companion, Metro Center for Independent Uving, all providing services in the City of Coon Rapids. . Contingency $7.910 Total Coon Rapids *$122,733 East Bethel 036 Coon Lake and Central Ave. $34,472 , II Acquisition, clearance and other Redevelopment eligible activities to improve these blighted areas in the neighborhood at the southeast corner of Coon Lake and along Central Avenue between 205th and 221 st Avenues. Fridley 038 Riverview Heights $70,000 II Acquisition of property in Mississippi River flood plain and necessary relocation. Project area is north of Rice Creek and south of 79th. 039 Human Services $33,291 VI Funded agencies to be determined by commission and council. Contingency 155 $103,446 Total Fridley ,.) oTh_ budget totale reft..:t total available to the City, net the total 01 the city proj..:w I~. thle column einee tome 01 the city dolla" ara placed In Alexandra Hou.., FUSE and/or ARC on lut page. "-) OThe.. budgft totale rellee! total waJlabIe to the City, not 1M total of the city proJecta In th'- column elnce eome of the city dollars are placed In Alexandra Hou... RISE MdI<< ARC on lut page. - Page 5. .~ J Multl-Cltv Prolecta -J 048 Alexandra House 050 RISE Sheltered Workshop 049 ARC $24,500 VI $40,100 VI $9,200 VI General operations and intervention project for battered women's shelter serving all of Anoka County. Expansion of RISE Sheltered Workshop on Sunset Boulevard in Spring Lake Park. Serves training and employment needs of disabled and handicapped adults. Toy lending library and teen/adult drop-in center at 1100 90th Avenue in Blaine serves mentally handicapped population. THESE MULTI-CITY BUDGETS MAY BE INCREASED BY LATER CITY ADDmONS, County 051 Administration 052 Economic Development 053 Housing Rehabilitation 060 Uncommitted Contingency Economic Development Activities to be funded by estimated Program Income Additional housing rehabilitation activities to be funded by est/mated Program Income Total Estimated Budget $99,000 VII $58,900 IV $170,000 $81,096 $110,000 IV $35,000 $1,340,000 Planning/administration for County- wide economic deveiopment. . Single family owner occupied housing rehab activities, County- wide. Activities to promote economic development including but not limited to loans to private businesses, See Project #053, Exhibit C BOARD ')F COUNTY COMMISSIONERS Anoka County, Mlnne.ota DATE April 2J. 1985 RESOLUTION NO. A5-42 ~) OFFERED BY COMMISSIONER Langfeld Ccx.NTY BOARD POLICY - COMMU'lITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME AMEN)ING RESOLUTIONS 81-107 AN) 82-53 WHEREAS, Title I of the Housing and Comm...,ity Development Act of 1974 as amended provides far a program of Comm...,ity Development Block Grants; and, WHEREAS, the Anoka County Board of Commissioners has been desiglaled as an "Urban County" by the Federal Housing and Urban Development Depar Imenl and consequently is eligible to perticipate in the National Community Development Block Grant Program; and, WHEREAS, Ihe Anoka County Boerd of Commissioners has direcled Ihe preparation of a plan under Ihe Community Development Block Granl Program in coreert with the municipolilies of Anoka County; and, WHEREAS, as a partion of said plan, municipalities as Ihe sub-gronlee of Community Development Block Grant funds may ulilize said funds in various program forms to. benefit low and moderate income persons, to aid in the pre....nlion or elimination of slums or blight or to meet other community development needs having a particular urgency because of threat to health and safety; and, WHEREAS, "program income" means grass income eerned by the sub-granle.. from the grant suppart..d activity such as: proc....ds from the sale of real or personol property, int..r..st ..arned an ..scrow accounts, revolving r..habilitation accounts or lump sum r....abilitation occounts, income from servic.. f..es, sole of commoditi..s, usoge or r..ntol f..es, loan proceeds from rl!hobilltation or l!Conomic dev..lopm..nt loans, and interest earned on T..volvin'g loans aid proc....ds from special assessm..nts I..vied 10 r..cover the cost of constructing a public works or facility to th.. ..xt..nt that such cost was initially paid with th.. Comm...,ity D..v..lopment Block Grant f...,ds; and, WHEREAS, in accordare.. with F ..deral r..gulations, Anoka County as Ihe Community D..v..lopment Block Grant rl!Cipi..nt must r..ceive all program income. Th.. County then may us.. said funds for any eligible Community D..v..lopment Block Grant activity and th.. County must ..xpend revenUl!S generat..d by program income befor.. furthl!!' drawdown reqUl!sts will be authoriz..d; and, WHEREAS, payments of inll!!'est aid principal due on l!CO/1omic dev..lopm..nl loans to privat.. industry, which or.. made 10 a revolving loan account which was approv..d as a C.D.G.B, grant to a Statl!-C..rtifi..d local development corporalion or.. not considered by HUD to b.. "program income": NOW, THEREFORE, BE IT RESOLVED that th.. Anoka County Board of Commissioners does h..reby establish as a matter of palicy that: I) All incom.. from CDBG-furided activities which m..ets th.. abev.. definition of program incom.., shall be promptly forwarded to Anoka County. 2) Each LDC which has a CDBG r..volving loan account for l!Conomic development will retain loan repaym..nts within the account for continUl!d us.. for l!Conomic dev..lopm..nt and that th.. County or the city will"xl!Cut.. an agr....ment with th.. LDC which will includ..: 0) Prohibition of conflict of interest as provided in HUD Regulation 24CFR Part 570,611, b) Compliare.. with Till.. VI of the Civil Rights Act of 1964, c) R..quirem..nt for th.. LDC to submit qvorterly reports 10 th.. Anoka Counly Community D..velopment Dirl!Ctor regarding th.. us.. and results of ..xpenditure of funds from Ihe revolving loon account for so long os Anoka Counly r..moins on ..ntitl..m..nt county. Any olh..r provisions rl!QUir..d by S.lat.. or F..d..rallaw or regulalion. '-) d) RESOLUTION 185-42 (Contin""d) Poge 2 :) J) Anoko Covnty will establish as of May I, 1985, a revalvinq loan account for deposit of all economic development loan poyments received by Anoka County. BE IT FURTHER RESOLVED that, all program income received by Anoka County from activities f......ded in total or pat from 0 municipolity's CDBG project will increase that community's budo;et for eligible CDBG activities and shall therefore be avoilable to the community far future expenditure pursuant to the Joint Cooperation Agreement in effect at the time of expenditure. YES NO Dis trict /II - Haas X Haas District 1/2 - Burman X Burman District IIJ - Longfeld X Lanqfeld District 114 - Kordiak X Kardiok District liS - Cenaiko X Cenaiko District 116 - McCarron X McCarron District 117 - Erhart X Erhcrt State of Minnesota ) SS County of Anoka ) I, JoI1n "Jay" Mclinden, County Administrator, Anoko County, Minnesota, hereby certify that I have compared the foregoing copy of the resolution of the County Board of said County with the original record thereof an file in the Administration Office, Anaka County, Minnesota, as stated in the minutes of the proceedings of said Board at a meeting duly held an April 2J, 1985, and that the same is 0 true and correct copy of said original record and of the whole thereof, and that said resolution was duly passed by said Board at said meeting. Witness my hand and seal this 2Jrd day of April, 1985. \ <~ ~12. )H~~ HN ~ Y"AcLlN COUN ADMINISTRA TOR ~xnlOl t U BOARt. J' COUNTY COMMISSIONERS Anoka County, Mlnn..ota February 21. 1995 RESOLUTION NO. 85-23 DATE ~,) OFFERED BY COMMISSIONER Langfeld T1toEL Y EXJ'9.I>ITI.R; OF C.O.B.G. FLN:>S Wt-EREAS, Anoka County is on Entitlement County and therefore reeeives ann.JCl1 Community Development Block Grant IC08G) allocations from the U.S. Deportment of Housing and Urban Development; and, Wt-EREAS, the Anaka County Boord of Commissioners makes these C08G funds ovoiloble to municipalities in Anoka County for eligible projects; and, Wt-EREAS, Anoka County, os the grantee, is responsible for the timely expenditure of C08G fundS; and, Wt-EREAS, Anaka County's performance is measured in part by such timely performance; and, Wt-EREAS, Anaka County may be subjeet to HUO fiscal sanctions for failure to expend C08G funds within 0 reasonable period of timel NOW, THEREFORE, BE IT RESOLVED that the Anaka County Boord of Commissioners adopts the following Policy Regarding Schedule for Expenditure of Community Development Block Grant Funds by Anaka County Sub grantees: POLICY REGARDING SCt-EDULE FOR EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS BY ANOKA COUNTY Sl.eGRANTEES Community Development Block Grant F\KIds will be reserved for eligible budgeted subgrantee activities for up to 18 manths after notice of availability of such funds for expenditure. If 0 community' foils to expend C08G project f\KIds within that time limit, the Anaka County Boord of Commissioners will wilhaaw the allocation for that projeet. In order that communities may hove adequate notice of the impending withdrawal, County C08G stoff will notify those communities which have not committed CD8G project funds within 12 months after the start of the opplicoble C08G program year of that condition. Such notice will enable those communities to re-evaluate projeets and to program the funds if neeessory. Those communities whiCh ore in violation of the 18 month rule at. the time of adoption of this policy will be given six months from the dote of the County Boord Resolution referencing this policy, to expend their CDBG project funds. At the end of the six month period, the funds will be subjeet to withdrawal. The Anaka County Board may on on individual cose basis, eleet to waive the 18 month rule if the Boord should determine that the project delay is caused by forces outside the control of the community and that project completion is feasible within 0 reasonable amount of time. Funds which revert to Anaka County sholl be reallocated at the discretion of the County Boord to either other projects submilled by communities or to County-wide activities. Any community based groups or other subgrantees of communities must be notified of this policy when they ore considered for CDBG funding. ,.,J RESOLUTION 185-23 IConti~d) YES NO .~J District" - Haas Dis trict 12 - Burman District 13 -langfeld Dis trict 14 - Kordiok District IS - Cenoiko District 1(, - McCarron District '7 - Erhort x X X X X X X Haas Burman Langfeld Kordiok Cenoika McCorron Erhort 5 tote of Minnesota ) 55 County of Anoka ) I, John "Jay" McLinden, County Administrator, Anoka County, Minnesota, hereby certi fy that I have compored the foregoing copy of the resolution of the County Boord of said County with the original record thereof on file in the Administration Office, Anoka County, Minnesota, os stated in the minutes of the proceedings of said Boord at o meeting duly held on Februory 21, 1985, and that the some is 0 true and correct copy of said original record and of the whole thereof, and that said resolution was duly passed by said Boord at said meeting. . . Wi tness my hand and seal this 21 st day of F ebruory, 1985. ~~~ "J "1c N OUNT ADMINISTRATOR I <J Exhi bit E ~) OFFERED BY COMMISSIONER BOARD IF COUNTY COMMISSIONERS Anoka County, Minnesota August 12, 1986 RESOLUTION NO. 86-70 Haas 5 teffen DATE COUNTY BOARD POliCY _ COMMUNITY DEVELOPIo'ENT BLOCK GRANT PROGRAM INCOIo'E AIo'EI'VING RESOLUTION 85-42 WHEREAS, Title I of the Housing and Community Development Act of 1974 os amended provides for 0 program of Community Development Block Gronts; ond, WHEREAS, the Anoka County Boord of Commissioners has been designoted os on "Urban County" by the Federal Housing and Urban Development Depar tment and consequently is eligible to participote in the Notional Community Development Block Grant Program; ond, WHEREAS, the Anoka County Boord of Commissioners has directed the preparation of a pion under the Community Development Block Grant Program in concert with the municipalities of Anoko County; and, WHEREAS, os 0 portion of said plan, municipalities os the sub-grontee of Community Development Block Grant funds may utilize said funds in vorious progrom forms to benefit low and moderate income persons, to aid in the prevention or elimination of slums or blight or to meet other community development needs having 0 particular urgency because of threat to health and safety; and, WHEREAS, "program income" means income earned by the sub-grantee from the grant supported ac.tivity such os: proceeds from the sole of real or personal property, interest earned on escrow accounts, revolving rehabilitation accounts or lump sum rehabilitation accounts, income from service fees, sole of commodities, usoge or rental Fees, loon proceeds from rehabilitation or economic development loons, and interest earned on revolving loons and proceeds from special assessments levied to recover the cost of construct.ing 0 public works or facility to the extent that such cost was initially paid with the Community Development Block Grant funds; and, WHEREAS, in accordance with Federal regulations, Anoka County os the Community Development Block Grant recipient must receive 011 program income, to be used For any eligible Community Development Block Grant activity and the County must expend revenues generated by program income before further drawdown requests will be authorized: NOW, THEREFORE, BE IT RESOLVED that the Anoka County Boord of Commissioners does hereby estoblish os 0 mailer of policy that: I) All CDBG program income meeting the above definition, except payments t~ " County-approved LDC revolving loon account, sholl be promptly forwarded to Anoka County. 2) Each LDC which has 0 CDBG revolving loon account for economic development will retain loan repayments within the account for continued use for economic development subject to 011 CDBG r~gulations, and that the County or the ci ty will exeeute on agreement with the LDC which will include: 0) Prohibition of conflict of interest os provided in HUD Regulation 24CFR Port S70.611. b) Compliance with Title VI of the Civil Rights Act of 1964. c) Requirement for the LDC to submit quarterly reports to the Anoka County Community Development Director regarding the use and results of expenditure of funds from the revolving loon account for so long os Anoka County remains on entitlement county. d) Any other provisions required by State or Federal low or regulotion. 3) Anoka County has established os of May 1, 1985, 0 revolving loon account for deposit of 011 economic development loon payments received by Anoka County. I \, i I I I I I , ,j BE IT FURTHER RESOLVED that, 011 program income received by Anoka County from activities funded in total or port from 0 municipality's CDBG project will increose that community's budget for eligible CDBG activities ond sholl therefore be available to the community for future expenditure pursuant to the Joint Cooperation Agreement in effect at the time of expendjture. RESOLUTION 18&-70 Page 2 ,] YES NO District II - Haas 5 teffen X Haas 5 teffen District 02 - Burman X Burman District IIJ - Langfeld Absent Langfeld District 114 - Kordiak X Kordiok District 115 - Cenaika X Cenaiko District 116 - McCorron X McCarron District 07 - Erhart X Erhart 5 tote of Minnesota )SS County of Anoka ) I, John "Joy" McLinden, County Administrotor, Anoka County, Minnesoto, hereby certify that I hove compored the foregoing copy of the resolution of the County Board of soid County with the originol record thereof on file in the Administration Office, Anoko County, Minnesota, os stoted in the minutes of the proceedings of said Board ot o meeting duly held on August 12, 1986, and thot the some is 0 true ond correct copy of said originol record and of the whole thereof, and that soid resolution wos duly passed by said Board at said meeting. Witness my hand and seal this 12th day of August, 1986. ~hlt~~/ ~ OUNTY ADMINIS TRA TOR <J . ~-) ,j EXHIBIT F CERTIFICATION The Undersigned, on behalf of the Agency, certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or at1empting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at1empting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress. in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1332, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than 5100,000 for each such failure. AGENCY By: By: Its: Its: Date: Date: . PRELIMINARY PROJECT REQUEST FORM ) I. PROJECT NAME: ANDOVER COMPREHENSIVE PLANNING 1990 Project ill II. PROJECT ACTIVITY A. Briefly describe the project 1. Project location (attach a map) 2. Project activities (acquisition, relocation, construction, demolition, rehabilitation, administration, etc.) 3. Detail the number of persons benefitting. 4. How are they benefitting? 5. How many persons are low income? III. PROJECT DURATION: A. Is this a one, two or three year project? B. .Give Project termination date. IV. If the Project is more than one year, detail the project activities by year. V. Briefly describe the Community problems that the activities address. (For example, neighborhood blight, lack of low income jobs, substandard housing.) VI. Summarize the funding. A. Total revenue needed. B. Total C.D.B.G. revenue needed. C. Source and amount of other revenue. VII. Detail the cost of each activity (demonstrate how each cost was arrived at). VIII. Briefly describe the project area. A. Its geographical size. B. Number of households, or businesses. C. Adequacy of the public facilities (sewers, water, streets, etc.). D. Age of the neighborhood, of the homes or businesses. IX. Is this project part of a larger effort? If yes, explain! X. Project contact person: XI. RESOLUTION OF LOCAL UNIT OF GOVERNMENT: ATIACH TO FORM XII. Individual authorized to request reimbursements for project expenses from Anoka County. XIII. ATIACH A PROJECT SCHEDULE. '. ) XIV. Detail any demolition of housing suitable for lower income households. New requirements call for one-for-one replacement. '/~"~:'''''.":.';''.,.,. ~'" F <._'. , ~/ \;l. H ~:l ,J l:',k ,," ~" '.", .&. ',' '/" ~ t,~ l CITY of ANDOVER PROJECT 111 ......~:~; PRELIMINARY PROJECT REQUEST Anoka County Community Development Block Grant - 1990 I. PROJECT NAME Andover Comprehensive Planning II. PROJECT ACTIVITY The proposed project is the continuation of the 1989 CDBG Program and will update and improve long range planning efforts within the City. The current Andover Comprehensive Plan was completed in 1980 and approved in 1982. It addresses few if any housing, (low and moderate income) issues. Because of the rapid growth experienced by Andover, the Comprehensive Plan should address public services and facilities. Administrative costs will be included in this project. All residents of the City of Andover will benefit from the update and improvement of the City's Comprehensive Plan. As the City continues to grow, residents will be better served if the City has long range goals and plans with which to guide development. III. & IV. PROJECT DURATION The Comprehensive Plan is projected to take two years to update, including plan preparation, public input, City approval and Metropolitan Council approval. The City Comprehensive plan will guide development and City improvement for the next five years and if implemented properly, into the next century. V. This project would address the problems of housing, sewer and water capacity planning, parks and recreation, public facility development, commercial development and other development and growth issues. VI. The Andover City Council proposes to use $20,000 in 1989 and $21,500 in 1990 for updating the Comprehensive Plan. Total dollars spent will depend upon how many major community issues and solutions and discussed by the Andover Comprehensive plan Task Force. :J (-~ ~ Page 2 Andover CDBG Proposal February 22, 1990 VII. 1990 Planning Costs Recording Secretary Miscellaneous Supplies Total $20,000 $ 1,200 $ 300 $21,500 VIII. Because this project will be a City-wide effort, it is impossible to determine at this time, the number of households that will be served by this project. IX. Andover believes that planning long range growth is vital to the proper use of resources within the city, including finances and land. As the City continues to improve long range planning efforts within the City, all residents will benefit from a better living environment. Andover X. ~~ City planner is the project contact person. Andover XII. ~~ City planner and William G. Hawkins, City Attorney are the individuals authorized to request reimbursements for project expenses. XIII. PROJECT SCHEDULE July 1, 1990 - March 1991 March 1991 - June 1991 Planning Process Metropolitan Council Review and Approval PRELIMINARY PROJECT REQUEST FORM :J , I. PROJECT NAME: PUBLIC SERVICE ASSISTANCE PROGRAM 1990 Project 112 II. PROJECT ACTIVITY A. Briefly describe the project 1. Project location (attach a map) 2. Project activities (acquisition, relocation, construction, demolition, rehabilitation, administration, etc.) 3. Detail the number of persons benefitting. 4. How are they benefitting? 5. How many persons are low income? III. PROJECT DURATION: A. Is this a one, two or three year project? B. Give Project termination date. IV. If the Project is more than one year, detail the project activities by year. V. Briefly describe the Community problems that the activities address. (For example, neighborhood blight, lack of low income jobs, substandard housing.) VI. Summarize the funding. A. Total revenue needed. B. Total C.D.B.G. revenue needed. C. Source and amount of other revenue. VII. Detail the cost of each activity (demonstrate how each cost was arrived at). VIII. Briefly describe the project area. A. Its geographical size. B. Number of households, or businesses. C. Adequacy of the public facilities (sewers, water, streets, etc.). D. Age of the neighborhood, of the homes or businesses. IX. Is this project part of a larger effort? If yes, explain! X. Project contact person: XI. RESOLUTION OF LOCAL UNIT OF GOVERNMENT: ATTACH TO FORM XII. Individual authorized to request reimbursements for project expenses from Anoka County. XIII. ATTACH A PROJECT SCHEDULE. ~) XIV. Detail any demolition of housing suitable for lower income households. New requirements call for one-for-one replacement. / '"\ '-~ . ,.~./~'".'".,.,...;;' .: \, " \\ 6 'f ...... ~ -! . ~;.. . . . '. ~ 7.'. J,,:f~,i; <J CITY of ANDOVER PROJECT #2 .... PRELIMINARY PROJECT REQUEST Anoka County Community Oevelopment Block Grant - 1990 I. PROJECT NAME Andover Public Service Assistance Program II. PROJECT ACTIVITY The proposed project will assist several local public service programs that serve low and moderate income families or individuals. The City will designate a portion of the COBG funds for programs that meet COBG criteria. An application procedure, approved by Anoka County, will be used to determine which programs receive funding. All public service programs must serve low and moderate income individuals. Administrative costs will be included in this project. (see enclosed application forms) III. & IV. PROJECT DURATION This will be an on-going project. The Andover City Council believes that programs that serve low to moderate income families/individuals should receive some level of funding from the COBG funds annually. V. This project would address the problems of services for senior citizens, handicapped individuals and services for the homeless. VI. The Andover City Council proposes to use in 1990 for public service programming. Total dollars spent will depend upon the number and amount of the requests received by the City. . .' ~) ~) Page 2 Andover COBG Proposal February 22, 1990 VII. Advertising for Proposals $ $ 50 o City Council Review & Approval Amount of Public Service Funds Awarded $14,401 VIII. Because this project will be a City-wide effort, it is impossible to determine at this time, the number of households that will be incorporated into this project. The actual figures will be determined once awards have been made and reports from subrecipiants have been received. IX. Andover believes that its financial involvement in public service program funding is vital to the growth of services required for a growing community. Andover recognizes the need for programs that serve both local and regional clientele and this effort is part of the overall effort to fund public service programs throughout the twin cities metropolitan area. Andover X. ~~ City planner is the project contact person. Andover XII. ~~, City Planner and william G. Hawkins, City Attorney are the individuals authorized to request reimbursements for project expenses. XIII. PROJECT SCHEDULE July I, 1990 - July 31, 1990 Receive Applications, City Council Review August 21, 1990 Funds Awarded to Public Service Programs .:J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 AGENDA SECTION NQ Staff, Committee, DATE ORIGINATING DEPARTMENT ITEM NO. Commercial Lot /0. P BY: Planning The City Council is requested to discuss the proposed purchase of Lots 3 & 4, Block 1 of the Commercial Park to (1) Emmerich Construction and/or others for the construction of a medical distribution company's office warehouse; or (2) Richard and Marlene Povlitzki for the construction of a supper/night club with a banquet hall. (1) Don Emmerich has previously discussed this with the City Council (April 17, 1990 - see attached minutes). Attached is a sketch showing their general needs - 35 parking spots, a loading dock, 12,000 sq. ft. of warehouse with office space. This was discussed with the Economic Development Committee at their special meeting of 6/28/90. (2) Richard Povlitzki discussed the proposed plans for the supper/night club with the City Council on June 19th. See attached Council item (6/19/90) from Jay Blake and see minutes not attached. The Economic Development Committee met at a special meeting on June 28th to discuss the proposal for lot purchases of Lots 3 & 4, Block 1 and Lots 2 & 3, Block 3. Lots 3 & 4, Block 1 are being considered for purchase by Don Emmerich and a Bloomington-based medical company and by Richard and Marlene Povlitzki. continued MOTION BY ~J TO COUNCIL ACTION SECOND BY Page Two ~J Lots 3 & 4, Block 1 Supper Club or Warehouse The Economic Development Committee was split on the land use but were firm on the $.65/s.f. with the purchaser paying water and sewer connection charges when they build. options the Economic Development Committee considered were supper club/night club/banquet hall or warehouse/office, both at $.65/s.f. There was considerable discussion as to whether this is the proper location for this type of restaurant/bar/banquet hall land use. It was concluded that this is the only area in the City that it would even be practical to allow this activity - late night traffic and noise being the most troublesome problem. Lots 2 & 3, Block 3 NW Metal Fabricators The Economic Development Committee recommended that the City offer the lots to NW Steel Fabricators for $.65/s.f. and connection charges and the City would consider assessing the cost of enclosing the ditch with pipe at an estimated cost of $40,000 to $56,000. Lot 2 is 52,400 s.f. at $.65 = $34,060 Lot 3 is 79,700 s.f. at $.65 $51,805 The total purchase price for the two lots at $.65/s.f. is $85,000 plus water and sewer connection charges of about $16,500. This item was previously discussed at the May 15th Council meeting. ,J , , ): ,~ 11. I. M. qr r/t~ WI/~ /lCc7r~;r d/ .fC"r. J1I. U. "~'r~""'D"Y<c1 E'lu1-J.j~L. 0k "J1('"I'..",t.I Co.) 10,'- ~I / IV"'?'"!'17 //n~ 0/ "'/7~ Q @ ,n '. A/IY //.,1 "/ "'he .s/f/ //4 "'/ .5<:"~..j'4 Z4' f.JitlArnmo/{'s slo.fac.e ..., r- .~r..r. t'I~ _11_ p,r__-L ~ T~ . ~ ., 'NKER LAfft. , --- Uaz :_____ , ~( I il i ~U ~.~ E' < 88[' II ':) v if ~ /: _~.oo__ ,\ , " , J90! f ,88 (1" '..r /lcJT'.r... ....., /I,'".r' T. :) :J Regular City Council Meeting April 17, 1990 - Minutes Page 6 , (Sidewalks/Creekridge/Bent Creek/MSA, Continued) The Council didn't think it would be necessary to construct the sidewalk through the parking lot at Bent Creek. They also asked that the placement along Bunker Lake Boulevard coincide with the county's plans to update that road. Mr. Haas was asked to provide for specific drawings for the proposed location of the sidewalks, obtain bids, and bring It back to the Council with a proposal for funding. MOTION by Perry, Seconded by Jacobson, to so move. Motion carried unanimously. CHANGE POLLING PLACE PRECINCT 3 MOTION by Knight, Seconded by Orttel, a Resolution changing polling place for Andover Precinct 3 as presented. (See Resolution R046-90) Motion carried unanimously. DON EMMERICH/COMMERCIAL LOT PURCHASE Mr. Blake explained a company located in Bloomington is considering moving to the Andover Commercial Park or into Blaine. It is a medical packaging company that packs and ships medical products. He asked for direction from the Council regarding the price of the lot, understandl ng the parce I in B I a i ne costs I ess per square foot. Don Emmerich - stated he was approached by the company regarding commercial property In Andover. The company currently employs 40 people: however, most of them would not move to Andover, So it will provide Jobs to local residents, and they are expecting to expand to 65 employees In the next two years. The building will be valued at about $500,000, slmillar to the Rlccar building. One-third wll I be wareho~se. one-third will be manufacturing, and one-third will be for offices. The company packages and ships surgical equipment: there are no medical wastes and minimal water usage. MOTION by Jacobson, Seconded by Orttel, that we authorize City Staff and City Attorney to negotiate with Mr. Emmerich. and if need be, the owner of the industry, and to come back to the Economic Development Committee with a recommendation on the property and. if need be. at an earlier then normal scheduled meeting. DISCUSSION: Mr. Emmerich stated the taxes on the building would be about $24,000 a year. plus many employees would come from this area. The company Is asking what can be done for them either In a reduction of the land price to make it feasible for them to make the move or to help In the moving costs. He felt it may be to the City's benefit to offer a reduction in the land price. It is a good. sound Industry with net gross increases of 25 percent o~er the last four to five years. Motion carried unanimously. ~ f/^-'- , , ' (~) . ~ . 1J3;tr~1 ~ ' , l~ ~ .; >.Jt . ~.. ~ . .-. . . ,. .. ~ .....: ... '. " rh. {-_ ." -C-""t'\.lb-JV~ II T , '. "". ~.~ ~_.: / -0- ,J' . . rp.6r~"''''''(''l? ,'A'-- .'. l-~Ho,h:. ~.: // ,./ T :'S. i IS<Y1'" u ". J :;.00. I ;/ ~/ ----.:.... r, / /.. ;iy Pt.i'~~,.v'h ~' ; f..:-; '. ' . '/. " . :~)-j.' / . "', ",''--.''~ I~t\r;/ / >- 1 '" '<l.' , / / ,. / / "-'.. ,., / / / .. :>:< p ,......./ .' ':./ ......." .;, .' / ~ /.-:,...... ~ ", / /~, . ~'... ::. /;'. /' . , 1 '''z ~ w:.D1 ~.., o;a-. ~ ~.:.t ~ (- G) ~?I~...... ~J / ./ <~ .- ,,- //' // .. ... [ / t\, l~:' <>1, 4C.:,: .~: 1 ~\ c ~'r'l"""~"7 "'" 1 "" ~ 1f'tI.LIC- Pf>f1L1,.l"l ~ i '-...,a n_ -1 U~,-l-,.Y~[. ):J;.J r!-LC".2l), ~pty~e:P 71-:6 ':~) I ;' . ~ .: ", . : i :11 <J j;l a ","" .' , i-,- .____u_ . _ . -----. _.. ---.. ~'"'~LD f1Zcf-l-r r:::.Lf),;L:.:fi C' 1-1- ,J I, / ~ C_~-..r :__J- C~!--->../ 1-" . _..- f .- ' " ; \.J "--= REQUEST FOR COUNCIL ACfION June 19, 1990 / '\ CITY OF ANDOVER DATE ORIGINATING DEPARTMENT Planning ~ BY: Jay Blak?\'CitY planner BY: AGENDA SECTION NO. Staff, Committee, ITEM NO. povlitzki Lot purchase I/. REQUEST The Andover City Council is asked to review the request of Richard and Marlene Povlitzki to purchase two lots in the Andover Commercial Park. BACKGROUND The Povlitzki's currently own and operate a successful restaurant/night club in a neighboring community and hope to open a similar operation in Andover. They are proposing to construct a 150' by 60 foot building for night club dining. In addition, the plans include a banquet room for rental purposes. According to Ordinance 8, Section 7, a restaurant is an allowed use in the GB General Business district. The liquor license is allowed by a Special Use Permit. The two lots under consideration are Lots 3 and 4 of Block 1, Andover Commercial Park. See the enclosed map. Staff has been approached by two other business interests regarding these same lots - medical packaging firm from Bloomington and a warehouse/industrial rental building. These uses are also allowed in the GB zoning district. The proposed purchase price is $.50/square foot or $48,300 for both parcels. The City's current price is $.65/square foot or $62,790. The AEDC has, in the past, been concerned over the placement of a eating/drinking establishment in the Commercial Park. Prior to their review, Council may want to provide direction on the sale of the property. / SECOND BY 12~ Cv-- ~p dj!4-' ~ COUNCIL ACTION ,'0 '- :_) Page 2 Commercial Park Lot Sale June 19, 1990 @ '- COUNCIL OPTIONS 1. The City Council may refer the item to the Andover Economic Development for review and recommendation. 2. The City Council may agree to sell the property to the Povlitzki's and direct legal staff to prepare the appropriate purchase documents. 3. The City Council may choose to not sell the property to the Povlitzki's for the development of a restaurant/drinking establishment. / I .~~ : ~ ,) ~t~ [{'r} J C; f 0 @ t.-- z~ Ihrn OA_JJ..z.u. 6["~ Crzu~-<-b - d!/z E/7/<-ev' cJ ~;u;tc. ,:t~. ~ ~ ~ t'7V OZ - / tU/I..v jlAc:O /A1 ~/VW. ') Jw-1 ' I ct rYt- "3 J- ;t vJ:;- <f- ~ ~ ~ fJJ~ i~ ~ ~ F::: Ld~___l. .~. 1 lor Lf t-: I 3 f.t C/i (f'.4(.. 7t.?)- . ~~ ~;~{J~r1~rr ~ t~ c<ffic~ %' ~c-r::; ~/J.;;tc/, _ J &v~ "u.L;I::1 ~ C0 ~_~dud) {~ 0. .Jx~ /U~ . :Me. p:i2. -;U AU ~'-P' ~o-cJ ~ & ~ . 1/d <!:jrJ / ~ ~ /i:<-k ~ J/,J~" ~ de. A7f/V~1- ~ 'c~'-I< ~ 0 .( (, 0 . ~ ~ {l)~~crV~F ~;vIJ. AI ~ ~f {I . .jJ ,-~Q ~ ;t(., ~Jf"c~ ~ cr ' ~ Wt~k{p ~~~ I~~ .J ~J~ / J M.J2 ~ !-tv!:- AU\ffU ~ ~ pJL Lw-vU r!-UJ; /)UIL ~LuP - ~ ~ ICf' ~ {} - :JI,~ Ilu ~ (JU(LIJ~~7tL. /11 tulh"v (} n/!Jt:?? Bu.V' -# 1'i'Lf- '7// () /Lu) -tI '7 i'" tJ, 3 '717 '/ ~ ;:J , I !! \J Regular City Council Meeting May IS, 1990 - Minutes Page 9 APPROVE RESOLUTION/MWCC REFUND PROGRAM MOTION by Orttel, Seconded by Jacobson, to so move. <See Resolution R062-90 requesting the Metropol itan 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) Motion carried unanimously. CAPITAL BUDGET Mayor Ell ing asked for a motion to table the item to a full Councl I. MOTION by Jacobson, Seconded by ~night. to so move. Motion carried unanimously. LOT PURCHASE/NORTHWEST STEEL FABRICATORS Mr. Blake reviewed the proposal from Northwest Steel Fabricators to p~rchase Lots 2 and 3 In the Commercial Park for $70,000, which comes to about 50 cents per square foot. It also requires the City to close the ditch between the lots. which he estimated would cost $14,000. The net result of the sale would be about 40 cents per square foot for the two lots. Counci Imember Jacobson reported the consensus of the Economic Development Committee was not to go below 50 cents a square foot, including al I extra costs. Mayor El ling also noted the medical company looking at two other lots has told him they are receiving substantial financial incentives from other cities, asking if Andover wants to consider further help such as landscaping, etc. Councilmember Orttel thought that it could be argued that the covered drainage pipe for the lots being considered by Northwest Steel Fabricators should have been put in at the time of the plat. It was generally agreed the Staff and City Attorney should negotiate with Northwest Steel Fabricators, but they did not want to go below 50 cents per square foot, including the cost of the covered drainage pipe. Mr. Blake noted there are construction funds remaining from the project that could be used to put in that pipe. Counci I also suggested that when looking at the medical distribution company, that any further financial Incentives be tied to the number of new jobs being created. They suggested the EDC look at that Item further. IIU \ C I : - I i.&!~2'-=~__.J I ' ill . "." I~< I I I '-.J · ~ ~ U · L' ,.. I ~ I I ~ L. _ _ _ _-l..!!.."'Q'J":'~'!, __ .J L' It I ,.... I : · 8!. I: 2 ri1 Ii. ~I '" Q I ,~.~ I ,,' ~ I ft:; ,'l /~~ / ... .~ ,-- ~I J::'-~_. --___/J21.01_____ N89.00' 49"W I@) I ':l I I . r : I, · . . I'" ., .....~ I.. ~ r~ ~ ,... f ' ~ I~ .' --- . I .1 I r , I I : I . I . I I, I . r : , I,' -- "SCUTHtL/~ ~ ~ N'JII I~ . II . " . ~ . I \~ -= f.D ... D ' . ,-- ~ -22 -~ : N LJ dEL IJH:> -. -_. _._- .. Q ___.-.:...=n .~~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE "T,,':,''7.' ~~o AGENDA SECTION NO. Staff, Committee, .~~. ITEM 1/. NO. CDBG Grant Analysis ORIGINATING DEPARTMENT Planning ~ BY: Jay Blak~Planner APPROVE~OR AGEN~ I }'j BY: ,f) ) REQUEST The Andover city Council is asked to review the enclosed analysis of the CDBG grants that were received. BACKGROUND The City has $14,401 available for the grants and $16,960 in requests. Due to the discrepancy, staff organized a ranking procedure to assist in the selection of the grants. Seven criteria were established and a weighted points system assigned to each criteria. There are two ways in which the City of Andover may disperse the funds. The City may consider granting smaller requests to all applicants or the City may award the grants to the top ranking applications until funds are depleted. Since all applicants are also receiving funds from Anoka County, JoAnn Wright must monitor the grants from the agencies. The following chart summarizes the results of my rankings: ORGANIZATION REQUEST POINTS North Suburban Kinship $2,000 26 points North Suburban Counseling $4,000 24 points Anoka County CAP $5,460 27 points Alexandra House $2,500 25 points Rise Inc. $3,000 23 points COUNCIL ACTION MOTION BY ,J TO SECOND BY <--) Page 2 July 17, 1990 RECOMMENDATION Staff recommends that the grants be awarded in the order of ranking and that the lowest ranking grant application receiving a portion of their request until funds are depleted per the following schedule: North Suburban Kinship North Suburban Counseling Anoka County CAP Alexandra House Rise Inc. J $2,000 $4,000 $5,460 $2,500 $ 441 Total 14,401 /) '-/ SUMMARY OF CDBG GRANT REQUESTS PROGRAM NAME FUNDS REQUESTED MATERIALS SUBMITTED North Suburban Kinship Inc. ?( 000 v~~ RANKING PROCEDURE 1 2 3 4 r2 2. How urgent is the need? 1 2 3 (0 5 3. How significant is the potential impact from the project? 1 2 3 C) 5 4 . How well will it serve residents of Andover? 1 2 3 0 5 5. How large is the total population served by the project? 1 - Small 0- Large 0 - Unclear 6. Is the population se r,ved mostly low/mod. income? o - No or Unclear Q- Yes 7. ' Does the organization have sufficient funding from other sources? 1 - Yes or Unclear @- No Total Points Received from Ranking Sheet 20 ~) :J Page 2 CDBG Grant Analysis PROGRAM NAME FUNDS REQUESTED MATERIALS SUBMITTED North Suburban Counseling 4-1 000 ves RANKING PROCEDURE Circle 5 for high, 1 for low or unclear from application 1. How clear is the request for funds? 1 2 3 4 (5) -/ 2 . How urgent is the need? 1 2 Q 4 5 3. How significant is the potential impact from the project? 1 2 <0 4 5 4 . How well will it serve residents of Andover? 1 2 3 0 5 5. How large is the total population served by the project? 1 - Small 0- Large 0 - Unclear 6 . Is the population served mostly low/mod. income? 0 - No or Unclear DYes 7. Does the organization have sufficient funding from other sources? 1 - Yes or Unclear @- No 2f Total Points Received from Ranking Sheet ~J :J ~J Page 3 COBG Grant Analysis PROGRAM NAME FUNDS REQUESTED MATERIALS SUBMITTED Anoka County Community Action program ~, 4-Ct, 'D RANKING PROCEDURE yes Circle 5 for high, 1 for low or unclear from application 1. How clear is the request for funds? 1 2 3 4 2. How urgent is the need? 1 o 2 3 Q 5 2 3 3. How significant is the potential impact from the project? 5 1 0) 4 . How well will it serve residents of Andover? 1 2 3 4 Sl 5. How large is the total population served by the project? 1 - Small ~- Large 0 - Unclear 6. Is the population served mostly low/mod. income? o - No or Unclear (22- Yes 7. Does the organization have sufficient funding from other sources? 1 - Yes or Unclear ~- No Total Points Received from Ranking Sheet ~;Z :_) Page 4 CDBG Grant Analysis PROGRAM NAME FUNDS REQUESTED MATERIALS SUBMITTED Alexandra House z/ Sl) 0 v.e'j RANKING,PROCEOURE Circle 5 for high, 1 for low or unclear from application 1. How clear is the request for funds? 1 2 3 4 f) 2. How urgent is the need? 1 2 3 4 (2 3 . How significant is the potential impact from the project? 1 2 3 0 5 4 . How well will it serve residents of Andover? 1 2 3 9 5 5. How large is the total population served by the project? (] Small 3 - Large 0 Unclear 6. Is the population served mostly low/mod. income? o - No or Unclear ~ Yes 7. Does the organization have sufficient funding from other sources? 1 - Yes or Unclear 0NO 2S Total Points Received from Ranking Sheet ,J : ) Page 5 CDBG Grant Analysis PROGRAM NAME FUNDS REQUESTED MATERIALS SUBMITTED Rise Inc. 3,000 y-es RANKING PROCEDURE Circle 5 for high, 1 for, low or unclear from application 1. How clear is the request for funds? 1 2 3 4 Q 2. How urgent is the need? 1 2 0 3. How significant is the potential 1 2 0) 4 . How well will it serve residents 1 2 Q 4 5 impact from the project? 4 5 of Andover? 4 5 5. How large is the total population served by the project? 1 - Small ~ Large 0 - Unclear 6. Is the population served mostly low/mod. income? o - No or Unclear ~- Yes 7. Does the organization have sufficient funding from other sources? 1 - Yes or Unclear 3J- No Total Points Received from Ranking Sheet ~3 .' '\ ''-~ Total Funds Requested: $ /(P I ~fo 0 Funds Available: $ /~ cI()/ '\ '-~) ') I r " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \"j DATE July 3. 1990 ITEM Approve Election Judges NO. 12 . BY: V. VOlktJ! APPR~~ED 'lFOR AGENDr'l / B~ AGENDA SECTION NO. Staff, Committee, Comm. ORIGINATING DEPARTMENT Administration The city Council is requested to adopt the attached resolution approving election judges for the special election July 17, 1990. MOTION BY :J TO COUNCIL ACTION SECOND BY ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION APPOINTING JUDGES FOR THE SPECIAL ELECTION TO BE HELD ON JULY 17, 1990 IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby resolves: The persons as shown below are hereby appointed judges for the special election to be held on Tuesday, July 17, 1990 in the City of Andover: Precinct 1, Grace Lutheran Church Leone Struvwe DFL Wanda Grant IR Micki Harris IR Carol Santer DFL Precinct 2, Crooked Lake Elementary School Ellen Wirkus DFL Cleo Smith IR Maureen Bushard- DFL Precincts 3, Andover Elementary School Mary West DFL Karen Peterson - IR Eleanor Apel DFL Precinct 4, Family of Christ Lutheran Church Esther Haas IR Cindy Brostrom - OFL Susan Rylander - DFL 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 '~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 AGENDA SECTION NO. Staff, Committee, DATE ORIGINATING DEPARTMENT ITEM NO. 13. Authorization/ Frank Stone ~ Public works Residents are calling in complaints every day to have roads mowed, many because grass at intersections is so long they can't see vehicles approaching from the other direction. At this time, we are finding it impossible to keep the parks mowed. I'm getting complaints that the parks have never looked so bad! We have two full-time people and one summer help in parks giving us 120 hours a week and they do a very good job for having to maintain 34 parks. All other departments are also running behind so, there is no one else to mow the ditches. Parks staff are also mowing unmowed lawns that come in as weed complaints. Every year a greater amount of time is spent mowing these properties. I would like to take $7,000 out of the streets & Highways Budget and contract someone to mow City ditches and to mow private properties called in as weed complaints. The cost of weed mowing is billed to the property owner or certified to the taxes in October by the city Clerk. COUNCIL ACTION ,J MOTION BY TO SECOND BY : ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 AGENDA SECTION NO. Staff, Committee, '~~~~n DATE ORIGINATING DEPARTMENT ITEM NO.. / Resignation of Planninc /"1. Commission Member BY: Po C!...h,."'n+-~ APPRO~ D\ OR AGENql'A' \ ~ BY: Jij} , Administration The City Council is requested to accept the resignation of Donald L. Spotts as a Commissioner effective July 1, 1990. At the April 17, 1990 Council meeting, when Bill Coleman was appointed to the Commission, Steve Jonak was appointed as an alternate. I talked to Steve and he is still willing to serve as a member. MOTION BY \ -j TO COUNCIL ACTION SECOND BY ':J .June 25, 1990 Dear- Si r: I am submitting my resignation as a commission member of the Plfmning [, Zoning of Andover effective July 1, 1990. \1'18 are moving to anottler comrnunity and tllerefor-e \'vi1l no longer be an effective member of the this group, I am proud to have served thi s speci a 1 gr-oup as our future development depends on nle cooperation of both the planning and zoning anlj the city council to enhance planne,j and pr-oper grovith of our city. Respect.fully, f)fl1d- -( ~ Dona I d L. Spotts DLS/cac ~J On.Site Environmental Services 7308 Aspen Lane N. Suite 144 Minneapolis, MN 55428 612493-3424 ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 ITEM Receive 1989 Audit NO. . Report . ,. IS: DATE ORIGINATING DEPARTMENT Finance Howard Koolick ~ BY: Finance Director REQUEST APP~V,EO\FOR AGE.... ",. : II / V/V BY/ / / AGENDA SECTION NO. Non-Discussion Items The Andover City Council is requested to receive the 1989 audited financial statements and auditor's opinion. BACKGROUND The City has completed the 1989 financial statements and the City's auditing firm, George M. Hanson and Company has completed their audit of these statements. The report that was included in your packet is the product of this audit. City Council is requested to receive this report to allow the proper publication and submission to the state as required by state statute. The auditor will be scheduled to appear at a future meeting to discuss the report and any recommendations they may have. Council may wish to schedule a work session to meet with the auditor to allow a more detailed discussion. MOTION BY '\ ._ / TO COUNCIL ACTION SECOND BY <J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT BY: APPROVEllj;FOR AG A BY, t Engineering ~rr ITEM NO. If.,. Award Bid/90-2/ The City Council is requested to approve the resolution accepting bid and awarding contract for the improvement of Project No. 90-2 for street construction in the area of 164th Avenue/163rd Lane/Jonquil street. The results of the bids were as follows: 1. W.B. Miller, Inc. 2. Buck Blacktop, Inc. 3. Bituminous Consulting $60,995.50 $64,957.00 $65,301. 50 Only three bids were received at the time of the bid opening. The estimate from the feasibility report for construction was $54,475. The bids, as received, will cause the proposed assessments to exceed the estimated cost by about 11% if we assess in 1990. The estimated assessment was $4290/unit. The estimated assessment using the bid is $4765/unit; a difference of $475/unit. About $200 is due to the bituminous pavement costs being higher than estimated. The remainder is in restoration. More restoration was required than estimated in the feasibility report. We have also proposed more of the restoration to be sod rather than seed. We are doing this based on the dissatisfaction of seeding when we did 164th Lane just to .the north of this project. I recommend that the property owner be notified for a hearing on July 17th to consider if they want the Council to proceed. Possibly we can do more seeding in the restoration than sodding. COUNCIL ACTION MOTION BY ., 'J TO SECOND BY :) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIOS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-2 FOR STREET CONSTRUCTION IN THE AREA OF 164TH AVENUE/163RO LANE/JONQUIL STREET. WHEREAS, pursuant to advertisement Council Resolution No. 072-90, dated 19 90 , bids were received, opened and wi~esults as follows: for bids as set out in June 5 tabulated according , to law 1. W.B. Miller, Inc. $60,995.50 $64,957.00 $65,301.50 2. Buck Blacktop, Inc. 3. Bituminous Consulting NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate W.B. Miller, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with W.B. Miller, Inc. in the amount of $60,995.50 for construction of the improvements; and dlrect the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilman and adopted by the Meeting this 3rd day of City Council at a July Regular , 19-2Q, with Councilmen voting in favor of voting the resolution, and Councilmen against, whereupon said resolution was declared passed. CITY OF ANDOVER James E. Elling - Mayor :) ATTEST: Victoria Volk - City Clerk :J CITY OF ANDOVER REQUEST FOR COUNCIL ACfION July 3, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering '(1;(( BY: ITEM 17. NO. Receive Feasibility Re ort 90 14 BY: The City Council is requested to approve the resolution accepting the feasibility report and ordering a public hearing for project 90-14, Cedar Crest Estates 3rd Addition/Cedar Hills River Estates area. The area that has petitioned for improvement of streets (Part 1) includes 12 lots and the N 1/2 (1/2 unit) of Lot 6 of Cedar Crest 3rd Addition. Lot 6 has been assessed for 100 feet at $17 per foot. The N 1/2 of the lot would be assessed 1/2 unit to complete the street to the north of the property. The report does not include this lot and should be included. Also, the large parcel on the west and south side of the cul-de- sac of 176th Avenue is not included in the proposed assessment. The lot is generally low and in the flood fringe area. possibly this lot should be assessed 1 unit. The Council should address this. The parcel will be notified of the public hearing. The proposed date of the hearing is on July 17, 1990 at 8:01 P.M. Part II is part of the report but was not included in the petition. Does the City Council want to notify those properties in Part II? MOTION BY ,J TO COUNCIL ACTION SECOND BY :J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET CONSTRUCTION , PROJECT NO. 90-14 IN THE CEDAR CREST ESTATES THIRD ADDITION/CEDAR HILLS RIVER ESTATES AREA. WHEREAS, pursuant to Resolution No. R073-90, adopted the day of June , 19 90 , a Feasibility Report has been by BRA for the improvements; and WHEREAS, such report was received by the City Council on the 3rd day of July , 19 90 ; and 5th prepared WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $67,460.00 Part I, $40,760 Part II. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 90-14 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $67,460.00 Part I, $40,760 Part II. 3. A public hearing shall be held on such proposed improvement on the 17th day of July , 19 90 in the Council Chambers of the City Hall at 8:01 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman and adopted by the City day of Council at a Meeting this 19 , 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 1477.97 2706.42 :~ 54.6% 9 yes 2 no 3 unknown ~ ) '-- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT M~n _n~ ~~..<'<'~ ~n TL Engineering APPAt(~ED FO..R A~1:NI ~ '- BY: I / ITEM NQ Approve Plans & Specs/ Ii? 90 12 (sidewalks) .-('1 << BY: 'T'~r1r1:, u___ The city Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bid for Project 90-12, Bent Creek Estates. The plans and specs are in the Engineering Department for your review. The opening of bids is scheduled for July 27, 1990 at 10:00 A.M. ,. ., '_J MOTION BY TO COUNCIL ACTION SECOND BY : ) -) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-12, BENT CREEK ESTATES FOR SIDEWALK CONSTRUCTION. WHEREAS, pursuant to Resolution No. R053-90, adopted by the City Council on the 1st day of May , 1990, BRA has prepared final plans and specifications for project 90-12 for Sidewalk construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of July , 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 A.M. Friday, July 27 , 19 90 at the Andover City Hall. MOTION seconded by Councilman and adopted day of by the City Council at a Regular Meeting this , 19 , with Councilmen voting in favor of the resolution and Councilmen voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk :J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 DATE ORIGINATING DEPARTMENT "'~n_n;~~..~~'~n T" Engineering APPROV~\ FOR AGt(}- BY: AGENDA SECTION NO. ITEM NO. Approve Plans & Specs/ 19. 90 13 (sidewalks)' ~rr BY: ",~rlrl"T u~ y The City Council is requested to approve the resolution approving final plans and specifications and ordering advertisement for bids for Project 90-13, Creekridge Estates, The plans and specs are in the Engineering Department for your review. The opening of bids is scheduled for July 27, 1900 at 10:00 A.M. MOTION BY ,.J TO COUNCIL ACTION SECOND BY :) ',J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-13, CREEKRIDGE ESTATES FOR SIDEWALK CONSTRUCTION. WHEREAS, pursuant to Resolution No. R054-90, adopted by the City Council on the 1st day of Mar ' 1990, BRA has prepared final plans and speciflcations for Project 90-13 for Sidewalk construction; and WHEREAS, such final plans and specifications City Council for their review on the 3rd July , 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . the were presented to day of BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 A.M. , Friday, July 27 , 19 90 at the Andover City Hall. MOTION seconded by Councilman and adopted by the city Council at a Regular Meeting this day of , 19 , with Councilmen voting in favor of the resolution and Councilmen voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 3, 1990 DATE AGENDA SECTION NQ Non-Discussion Items ORIGINATING DEPARTMENT Engineering '\S~ I APP~~ED \FoR AGEN'Z, 6 N BY: ~/ / , / ITEM Release Grading Escrow, NQ Red Oaks Manor 6th ..? O. BY: 'I'nrlrl:T ~;>;>~ v The City Council is requested to approve the resolution approving the grading of Red Oaks Manor 6th Addition. The City staff has hired Lot Surveys, Inc. to review the grading of the developers. In your packet are the elevations taken by Lot Surveys and compared with the grading plan submitted by the developer along with the required letter requested by the City from the Project Engineer, Ken Gust. The City Engineering and Public Works Departments have been continuously working with the developers to remove soil from sanitary and storm sewer manhole covers for the past two months. All utility manhole covers have been exposed. The grading and seeding adjacent to the utilities have been completed. Approving the resolution will release the escrow for grading only. Staff will review to ensure that there is enough escrow held by the City for other items (signs, legal fees, etc. and to pay Lot Surveys). The developer will be required to monitor erosion control, keep streets clear of any debris and mow boulevard area to control weed growth. COUNCIL ACTION MOTION BY :) TO SECOND BY ,) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE FINAL GRADING OF REO OAKS MANOR 6TH ADDITION AS BEING DEVELOPED BY ART RAUOIO AND NORM HOLM IN SECTION 34-32-24. WHEREAS, the developer has completed grading of Red Oaks Manor 6th Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the grading of Red Oaks Manor 6th Addition. 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 ~) (J ,) Ken Gust Enterprises 8590 Quarles Road Maple Grove, MN 55369 January 22, 1990 Grading Status Memorandum From: To: Subject: Ken Gust - Engineer ~~~~~_()~__ Whom it may concern ,~~:~~ Red Oaks 6th -Andover, MN This letter is to inform you that grading for the subject project is generally in conformance with the approved grading plan. The final grading to meet the development plan grades is the responsiblity of each builder and the surveyor has informed me that all lots are within 1 foot of minimum garage or walkout elevation. The grading plan and subsequent devlopment plan were prepared under my supervision, however, the earthwork was accomplished by the owner with observations and testing by a soils engineering firm. Therefore, my responsiblity does not cover the quality of earth material used for fill in the building areas. Apri I 3, 1990 / " \.._J I agree to be responsible for the pertaining to the hill and trees. completed within the summer of ~J' M~,v~ Tom Moran 13767 Quinn Street N.W. Andover, MN 55304 ~) feJ C#t<s il7.v-.#lt ~fl, AJ./", ~~,,d-'7 landscaping of my back yard The landscaping will be LOT SURVEYS COMPANY ,. '\ <. ,RAYMOND A. PRASCH ~ MINN. REG. NO. 6743 LAND SURVEYORS REGISTERED UNDER LAWS OF STATE OF MINNESOTA 7601 -73rd Avo. No, Minneapolis, Minnesota 55428 560-3093 March 13, 1990 Mr. Todd Haas City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Re: RED OAKS MANOR 6TH ADDITION Dear Todd: I have compared the centerline profiles on the above plat with the elevations on the development plan. The existing street grades appear to agree with the profile grades and in most cases are higher than the proposed grades on the development plan. This means that all house pad grades had to be higher and any rear grades draining to the street also have to be higher. This means that the development plan can not work. It appears that all building pads are high enough to drain. Lots 2 and 3, Block 3 are low but are vacant and possibly kept down until construction. Lot 1, Block 3 is very high but appears to be the original homesite. Lot 16, block 2, appears to be high possibly to save trees. The exterior boundary grades seem to match adjoining grading as shown on the development plan. The front corners of Lots 11, 12 and 13, Block 2 could be lowered to permit drainage unto Partridge Street. Please look over the grades and call if you have any quest ions. ;' " ....-j 52" erely; !2' /" /" 0 ., Lym~21'A:~~cCZ ~:";.-~ RAP/tp