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Home My WebLink AboutCC July 17, 1990 DATE: July 17, 1990 , , .' '-~ ITEMS GIVEN TO THE CITY COUNCIL Kensington Estates 6th Addition What's Happening? Tabulation of Bids Lot 1, Watt's Garden Acres #21 Tabulation of Bids - Crosstown Blvd & Andover Blvd #22 Letter Mn Dept of Trade & Econ. Devel. Crooked Lake Access Letter Mn Dept of Trade & Econ. Devel. Kelsey Park Land Use Advisory Committee - Agenda Regular City Council Minutes - 7-3-90 LRRWMO - Agenda Regular Planning & zoning Minutes - 6-26-90 Regular Park & Recreation Minutes - 7-5-90 June Building Report PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. , . _/ THANK YOU. n (Co 7/17/ fJ I '-/ LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION ANDOVER - ANOKA - COON RAPIDS - RAMSEY 2015 1ST AVE., ANOKA MN 55303 MEETING NOTICE Wednesday, July 18, 1990 - 8:30a.m. - Committee Room, Anoka City Hall AGENDA ;Rt ((;f:rV ED', ~. l ~ '\ J U L 1 i 199~J CITY OF ANDOVER A. Call to Order B. Roll Call C. Minutes of Previous Meetings D. Treasurer's Report E. Payment of Bills F. Report of Officers G. Consideration of Communications H. Old Business 1. Implementation of Operating Procedures for the LRRWMO - Tim Kelly and Curt Pearson 2. City of Ramsey Proposed Bike Trail I. New Business 1. Discussion of possible Pollution Control Agency Grant for Lake Honitoring Program. J. Adjournment ,ATTENDANCE: WMO Members Curt Pearson Tim Kelly j ./ ,J ,:J " 10 ce. 7/17/ 10 LOVJER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION JUNE 28, 1990 CALL TO ORDER Chairman Jim Schrantz called the meeting to order at 8:37 a.m. in the Committee Room of Anoka City Hall. ROLL CALL Hembers present were Jim Schrantz, Tom Ha thisen, Raatikka, and John 'i'1eaver. Pete Consulting Engineer Dean Skallman and Coon Rapids Civil Engineer Scott Erickson were also present. CONSIDERATION OF THE MINUTES Hotion was made by 'ileaver, seconded by Raatikka, to APPROVE THE ~~y l6, 1990, ~mETING MINUTES AS PRINTED. 4 ayes - 0 nayes. Motion carried. TREASURER'S REPORT Mathisen presented the Treasurer's Report for the period ending May 31, 1990, showing an ending balance of $13,804.70. Motion was made by Raatikka, seconded by Raatikka, to APPROVE THE TREASURER'S REPORT AS PRESElITED. 4 ayes - 0 nayes. Motion carried. Mathisen reported his findings on the missing 1988 Anoka assessment payment, confirming the City of Anoka, on an oversight, did not pay the second half 1988 assessment payment to the LRRWMO. They will be charged the $1,075.75. That amount does not show in the LRRWMO current balance. Hembers reviewed the financial statement for the fiscal year ending January 31, 1990. Mathisen indicated he will send a copy of this financial statement to the State. LRRvn10 Heeting Hinute[; June 28, 1990 Page 2 ,J Hotion was made by Weaver, seconded by Raatikka, to ACCEPT THE AUDIT REPORT AS PRINTED. 4 ayes - 0 nayes. Hotion carried. PAY HE NT OF BILLS Hathisen presented a bill received from Barr Engineering for professional services through April l8, 1990, in the amount of $304.05. A second bill was received from Barr Engineering in the amount of $2,800.00 for the period April through June 2, 1990, for work done on the Water Management Plan. Skallman explained he expended approximately 10-15 hours last month rewriting amendments to the plan. This $2,800.00 also includes Department of Natural Resources (DNR) permit reviews. Skallman stated he felt his work on the plan is new essentially completed. These comments will be incorporated in the final plan. The various agencies will receive a final draft of the Water Management Plan. The Board of Water and Soil Resources (BldSR) will hold a public hearing for the LRRvll-10. Weaver,felt the $2,800.00 was excessive for the time expended on the plan. He suqgested this board consider advertising for engineers. Because of this excessive billing, Weaver indicated he will vote no on the payment of the $2,800.00 bill. Hotion was made by Hathisen, seconded by Raatikka, to APPROVE PAYHENT OF THE $304.05 AND $2,800.00 BARR ENGINEERING BILLS. 3 ayes - 1 naye (Weaver). Hotion carried. Schrantz directed the minutes to show all commissioners expressed some concern with the $2,800.00 expenditure to Barr Engineering. REPORT OF OFFICERS Weaver stated the recent June 20, 1990, Water Management Organization seminar, with Hetropolitan Council involvement, was excellent. He felt Steve Keefe's position indicates the Metropolitan Council are anxious to take over the authority for water quality in the metropolitan area. It was Weaver's opinion that BWSR is doing a good job, and suggested this board make this opinion known to those in authority. \ ,../ LRRWMO Meeting Minutes June 28, 1990 Page' 3 ,) Raatikka concurred, agreeing the Metro Council is too far removed from the issues, while m~SR is directly involved. Discussions evolved around the reasons why Metro Council is getting involved. One example was the current operating status of WMOs and watersheds such as Six Cities who already have their Water Management Plan approved and are currently meeting only once every three months. It is feared if more organizations are like Six Cities the Metro Council will corne in and make thing work for the better. Schrantz pointed out it has always been his position the LRRWMO must be more involved and active, thereby proving our plan is corning together and we are working on things. Weaver drew members' attention to a June 19, 1990, letter from patricia Rudolph, Technical l,dministrator, Anoka County Soil and Water Conservation District, inviting members of the LRRWMO to a July 9, 1990, informational meeting at the Bunker Hills Activity Center, Andover, to discuss water resources, primarily ground water activities in the eleven county Anoka Sand Plain area. LRRWMO members expressed leadership, but agreed to wait takes place before commenting authorities. satisfaction with the until such time further on the matter to the BWSR action proper Lower Rum River Slow/No Wake Ordinance Weaver reported the City of Anoka has adopted An Ordinance Regulating Operation of Watercraft on the Rum River, refer- encing a letter Anoka's Assistant Attorney Paul Mattke received from DNR Commissioner Joseph N. Alexander dated May 29, 1990, indicating approval of the proposed slow/no wake ordinance. Weaver indicated the river's accesses and the river itself will be properly signed. Anoka County will be responsible for enforcement. CONSIDERATION OF COM~mNICATIONS Permits #90-620l: A request from the City of Ramsey to allow irrigation, using surface water from the Rum River, of approximately 13 acres of native prairie and bluegrass in Rivers Bend Park using one pump (50 gallon/minute) rotated between three locations on the river. ,J ,) "J ., LRRWMO Meeting Hinutes June 28, 1990 Page 4 Following further discussion, members concurred they had no problem with the proposed project. Their response to the DNR was "No Commen t" . #90-6306: A request from the City of struction of 153rd Avenue N.W. between County Road 5 in Ramsey involving fill 656W, and 657W. Ramsey to allow con- County Road 56 and in wetlands 1l4P, Skallman indicated his only comments are it seems short on information on how wetlands will be re-established. There are conflicts with water at 100 feet and the contours. They do not quite match. Skallman stated everything will be wet with water at 100 feet. If less, there may not be the four feet of water everyone likes to have. Raatikka stated the City of Ramsey is proposing to build this road on landfill property. One-half mile strip of property is being donated. The city had no viable alternative but to go through the wetland. They will be replacing 2.9 acres of wetlands. The City of Ramsey is in the process of working with the DNR. A contract has not been let. They are waiting for permits and Minnesota Department of Transportation (MnDOT) review. If approved, construction will take place late this summer and next year. Mathisen stated, and other meIT~ers concurred, he sees no problem with this proposed project in that it seems it is being closely monitored. This board's main concern is the mitigation will take place. Motion was made by Weaver, seconded by Mathisen, to ACCEPT THE ENGINEER'S RECOMMENDATIONS ON THE APPLICATION THERE IS NO THOROUGH PROVISION OF INFOR~ATION FOR THE RE-ESTABLISHMENT OF WETLANDS, AND THERE IS ALSO A OONFLICT IN WATER LEVEL. THIS BOARD I S MAJOR CONCERN IS THAT THE ACTUAL WETLAND IS RE ESTABLISHED AND PROPERLY INSPECTED. 3 ayes - 0 nayes - 1 abstain (Raatikka). Motion carried. OLD BUSINESS Final Approval of vlater l1anagement Plan Comments Members reviewed Skallman's June 22, the LRRWMO Water Management Plan. following comments: 1990, Draft Addendum to Members presented the Page 1: Paragraph 3 - The reference to a municipality should be cleared up to read "individual municipalities". LRR'dMO Heeting Hinutes June 28, 1990 Page 5 ,) Page 3: First sentence - "The landfill..." should be changed to "This landfill...". Page 4: Plan year 1993." required." Amendment Procedure -" extended through the Amendments shall be updated "as necessary and Motion was made by Mathisen, seconded by Raatikka, to APPROVE THESE JUNE 22, 1990, COMt.ffiNTS AS AMENDED. 4 ayes - 0 nayes. Motion carried. Adopt Water Quality Management Guidelines Members concurred the and be sent to BWSR. management guidelines Water Management Plan needs to Skallman recommended the water be a part of the plan. proceed quality Schrantz agreed to contact Anoka's City Hanager Mark Nagel and set up a joint meeting among the members of the city staffs, a LRRWMO representative(s), and Skallman to review the proposed water management guidelines to insure a uniform unders tanding. Motion was made by ~1athi.sen, seconded by Raatikka, to ADOPT THE ADOPT THE APRIL 3, 1990, WATER QUALITY MANAGEMENT GUIDELINES AS AMENDED AND REVID~ED, WHICH WILL BE INCORPORATED INTO THE REVISED vJATER MANAGEI1ENT PLAN BEING SUBHITTED TO BWSR. 4 ayes - 0 nayes. Motion carried. Implementation of Operating Procedures for the LRRWMO Schrantz stated the cedure option #2, approved. City of Andover prefers operating pro- full LRRWHO review of applications, be Skallman reported the legislature merely wants some evidence something is being done. He feels they are willing to allow the cities to perform the work and let them try to administer the review process. However, the legislature does want the WMO's to do something. Weaver reported the City of Anoka would prefer to adopt standards in its planning requirements, retaining control within the municipality, rather than have every plat corne before the LRR\~MO for review. , '...J LRRvlMO l1eeting Minutes June 28, 19 9 0 Page 6 ') ',J Schrantz felt there should be further legislation regarding this issue. Pearson should then advise us. study of recent State Legal advisor Curtis Raatikka felt there should be a reporting system on the cities' progress. Schrantz stated he would feel more comfortable if the LRRWMO engineer had some review of the plats this board will be held accountable for in the future. Our engineer would would review the plats and then report to this board. Mathisen concurred this board needs to be active, as will be required by BWSR and the Metro Council. It is a matter of defining the degree of review, the specifics we would be looking at. This board would most likely not look at the entire plat. Mathisen suggested the final decision of how the operating procedures will be implemented could wait until the plan is approved. Skallman warned the various agencies will query your enforcement during plan approval. Raatikka stated it was his conclusion fOllowing the February 21, 1990, joint cities meeting, that the review will be kept within the municipal jurisdictions. Weaver concurred. Schrantz understood differently. Raatikka stated there should be the municipal staffs' review with a report coming to this board. l'1embers agreed to invite Tim Kelly, Administrator Coon Creek Watershed, to the July 1990 meeting to this operating procedure. for the discuss Skallman stated his experience has been that after the board and engineers are comfortable with each other, there typically is not a lot of discussion on the plats submitted. The developers in a watershed get comfortable with the requirements and start going through the process fairly quickly. The LRRWMO engineer would spend the time prior to the board's meeting reviewing the projects. Budget Discussions LRRW110 members discussed a possible budget increase. l~thisen stated he will get the valuation numbers from Anoka County and will pro rate it for each city. He recommended the board consider approving a $l2,000 budget for the next fiscal year. This matter will be discussed further at the next meeting. '\ .j LRR'V'lHO Heeting Hinutes June 28, 1990 Page 7 ,) (Mathisen left at 10:lO a.m. alternate.) Erickson continued as his Members concurred the budget be increased to $12,000. The Treasurer was directed to send out a notice to all member cities, along with the request for the next assessment payment, indicating the proposed increase for the next year's budget. City of Ramsey Proposed Bike Trail Members discussed the City of Ramsey's proposed bike trail. A May 14, 1990, letter from area residents expressing con- cerns about the project was noted. Raatikka stated the residents' main complain is it is running through their back yards. The project plans indicate they will stay above the ordinary high water line. Other multiple use trails were given as examples. Safety, too, is an issue which has been considered by the City of Ramsey. Schrantz stated this is a common type of project in other areas. There was no further discussion on this issue. NEW BUSINESS Lake 110ni toring Program Patricia Rudolph, Anoka County Soil and Water Conservation District, addressed the proposal for this year's Lake Moni- toring Program. Ms. Rudolph stated they will be expanding their data base on capabilities. However, the contract is basically the same as last year's. They will be adding water quality data on a monthly basis. However, Ms. Rudolph felt, for the LRRWMO area, this data might not be meaningful in that most of the lakes monitored in the Lm"er Rum River area are shallow basin lakes. The Soil and Water Conservation District is working with the Minnesota Pollution Control Agency to start an early warning program for water quality. Ms. Rudolph stated they have already begun monitoring the three LRRWMO lakes (Rogers, Itasca, and Sunfish) in that they felt this board would prefer to continue the monitoring program this year. " , ) Schrantz stated this information may provide the LRRWMO with a bench mark for water quality we may be required to provide LRRWMO Meeting Minutes June 28, 1990 Page 8 \ "../ in the plan. Discussion continued on details of the lake monitoring program. Ms. Rudolph stated the DNR recommends lake gaging be done for Trott Brook also. She also indicated grant money may be available for lake gaging from the Minnesota Pollution Control Agency (MPCA). Ms. Rudolph could be contacted should the board be interested in this prospect. Ms. Rudolph addressed what BWSR is looking for in relation to operating procedures and project review by WMO's. She indicated as long as the local governments will do the review process and comply with and adopt what is in 509, then BWSR will approve this procedure. She did not feel there will be a problem with local governments doing it. Ms. Rudolph agreed with Schrantz there is a liability issue which must be considered. She felt this issue should be raised at the State convention the first week in December in downtown Minneap 01 is. Motion was made by RaatikJ:a, seconded by Weaver, to APPROVE THE ANOKA SOIL AND WATER CONSERVATION DISTRICT GAGING PROGRAM FOR THE THREE LAKES (ROGERS, ITASCA, AND SUNFISH) AT $225 PER LAKE PER SEASON FOR A TOTAL OF $675. 4 ayes - 0 nayes. Motion carried. ADJOURNMENT Motion \"as made by Raatikka, seconded by \'leaver, THAT THE MEETING ADJOURN. 4 ayes - 0 nayes. Motion carried. Time of adjournment: 10:55 a.m. Respectfully submitted, ~~ Mava Mikkonen Recording Secretary \ \ ) 1b " (2 gj;> is- 70 Ce. 7f7)ro , ~ Minnesota Department of " Trade and Economic Development Community Development Division r- ') '---' 900 American Center 150 East Kellogg Boulevard St. Paul, MN 55101-1421 Mr. James E. Schrantz, Administrator City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 6121296-5005 Fax: 6121296- 290 .--- '-,_,____u R'-- ECEIVED ~' 'J U L 5 1990 ' , July 3, 1990 ,- RE: LW27-01207, Kelsey Park City of Andover, Anoka County CITY OF A1'JDOVER Dear Mr. Schrantz: This letter is to inform you that the Department of Trade and Economic Development, Outdoor Recreation Grants Section, has recently made a post- completion onsite inspection of the designated project site. Periodic inspections are required of all sites previously funded under the federal Land and Water Conservation Fund (LAWCON) program. Inspections are made to ensure that each funded park site is being properly developed and managed to maximize outdoor recreation usefulness and public safety. The inspection of the designated project site reveals that the site remains undeveloped more than 3 years after it was acquired which is in violation of LAWCON rules. The Department of Trade and Economic Development, Outdoor Recreation Grants Section, requests that the City of Andover take the necessary appropriate action to address these concerns. We suggest that we meet to discuss development plans for this site. At your earliest convenience, please indicate by letter your plans to address these concerns. We will then forward a copy of your response to the National Park Service for their review. Thank you in advance for your cooperation in this matter. If you have any questions, please contact me at 612/612/297-4831. Sincerely, A\~dH- MarL a Taubr Project Officer L III/4-CP (4-1) Enclosure ) ,,~/ ~ , ,.., An Equal Opportunity Employer i6' &/5.~ "0/ 10 C;::. 1I7jfjo Minnesota Department of Trade and Economic Development Community Development Division . ') '-J 900 American Center 150 East Kellogg Boulevard St. Paul, MN 55101-1421 Mr. James E. Schrantz, Administrator City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 RE: LW27-01049, Crooked Lake Access City of Andover, Anoka County ~~:;2:1~:~~L29~i(~: ~ -,fE U \ \l;ll.t[:.~ ' I . l ' ,..- 1 , I ':\ JlJL 51990\ \ --- ,- i ~ITY OF ANDOVER July 3, 1990 Dear Mr. Schrantz: This letter is to inform you that the Department of Trade and Economic Development, Outdoor Recreation Grants Section, has recently made a post- completion onsite inspection of the designated project site. Periodic inspections are required of all sites previously funded under the federal Land and Water Conservation Fund (LAWCON) program. Inspections are made to ensure that each funded park site is being properly developed and managed to maximize outdoor recreation usefulness and public safety. The inspection of the designated project site reveals that there is no handicapped parking or toilets, more curb cuts are needed to provide access to the picnic area and there are no handicapped accessible picnic tables. The Department of Trade and Economic Development, Outdoor Recreation Grants Section, requests that the City of Andover take the necessary appropriate action to address these concerns. We suggest that handicapped accessibility be provided for the toilets, parking and picnic areas. At your earliest convenience, please indicate by letter your plans to address these concerns. We will then forward a copy of your response to the National Park Service for their review. Thank you in advance for your cooperation in this matter. If you have any questions, please contact me at 612/297-4831. Si ncerely, ~&Aiu\\ 0JDir Marcia Taubr Project Officer L III/4-CP (4-1) Enclosure \ .,~ ,,()J#/ ~ ''''''' An Equal Opporcunity Employer go~ c:;~~ ;.:j~Z ~oj ". "ill.< \ I , 1 CIl \. -.6 f-.I ~:>:U >H~ ~ ,H OU);I: l>1U c5~~ 1S~~ :200: CIll>1 ~~~ '" H 2~5 ~ ~ p 2 cr: ~ o Q ~ o ~ .@6<~ :;~~~ bjZCIl B Io.llol . , ~ ~ g . ) H " :z z ;;:'Z 0 ~ H .. 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I/llll0COOOOOO ........N co olD ...... rl ~ ,..; ~ III ""I' ~... ~tIl 0 ... ~ 0 I r.l ..... ~a ~~~S ~ "'02:1>: Ht.:ItIl:;;:;HIol~ 5 ;::l~E5~lin~ g:: XlQO 14.... ..:: lol U <r.lHf>l as o..~i~loltJ~ ::lrd !iJ~t:~~~ e.1:J o~~Elog ;8!::~o H8g) 2 < c:l tIl c:: $! tIl,... 5 ;! t.l H :;1 ,..; 1'1 "1"" 1/l"'....COC\ o an C\ \D III .. ... o Ill. . .... C\ \D .. \D lt1 N , o '" ID .. co ... '" I/l N \0 N \D .. N Ii'l o o Ii'l ID r-1 .. a\ ... Q H P1 Iol ~ 2 ~ :;1 H eS o E-< (\ P.3 ~ --I' /', . /i' /; '- l;/~. " '-J -J-/]-'/c cC0.'!..<-; LAND USE ADVISORY COMMITTEE Wednesday, July 11, 1990 3-Sp.m. Room 2A AGENDA 1. Roll call 2. Approval of agenda 3. Approval of minutes of March 14* and May 23, 1990 4. Rural Area Policy Study - Density Alternatives Carl Ohrn 5. Evaluation of Density Alternatives Carl 0 hrn 6. Adjourn *3/14 minutes mailed previously (no quorum at 5123 meeting) '\ 'J Mean Parle Centn, 230 EAsI Fifth Sind, SL Paul, .'.IN 55101 (612) 291-6359 roD 291-09()4 METROPOLITAN COUNCIL Mears Park Centre, 230 E. Fifth St., St. Paul, Minnesota 55101 612-291-6359 . DATE: July 2, 1990 TO: . Land Use Advisory Committee FROM: Carl Ohm SUBJECT: Rural Density Alternatives The Council's re-evaluation of its general rural use policy will include an evaluation of different density standards.. At the Metropolitan and Community Development Committee meeting June 28, the following density alternatives were selected: I, 2 112, 5, 10 and 20 acres. (In comparison to the Council's present 4 units per 40 acres policy, these alternatives result in 40 units per 40 acres, 16 per 40, 8 per 40, 4 per 40 and 2 per 40.) These density alternatives have been chosen for the following reasons: 1. They offer a range of density alternatives which seem to cover the present practices in the general rural area, but stop short of the Commercial Agriculture density of 1 unit per 40 acres. By evaluating this range of alternatives, the Council should be able to develop a good understanding of how impacts will vary. 2. The majority of rural area local governments have minimum lot sizes and/or density standards covered by one of these five alternatives. This will make it easier for these communities to adopt one of these new standards if it is adopted by the Council. 3. The Council's past policies used 2 112 acres as a minimum lot size. Past and present policy uses 10 acres as a density standard. If one of these density options were chosen, many communities consistent with past policies could easily adopt the new standards. 4. Since most rural communities are based on the section basis as a unit of land division, the density standards should be evenly divisible into 40, a common parcel size. 5. One acre density is typically considered more urban than rural. While it would be expensive to provide sewers for such lots, it would not be impossible. Failing cesspools or septic systems or other problems could force the region to extend urban services to such an area. even though additional urban land was not needed. This could result in problems being corrected with regional resources, even though the responsibility was local. This alternative was included so the impacts could be spelled out and compared with the other alternatives. . Alternatives which were rejected: Forty Acres. This density standard has been used to preserve Commercial Agricultural areas. Since a large portion of the general rural use area is not or has never been. commercially farmed, this alternative would put an unnecessarily restrictive standard on the rural landowners. tj~7 '\ '-..J METROPOLITAN COUNCIL Mears Park Centre, 230 E. Fifth St., St. Paul, Minnesota 55101 612-291-6359 DATE: July 2, 1990 TO: Land Use Advisory Committee FROM: Carl Ohm (291-6507) SUBJECT: Evaluation of Density Alternatives Recorded below are criteria that were selected by the Council Metropolitan and Community Development Committee to evaluate the density alternatives for the general rural use area of the region. (The tentative alternatives are: 1 acre, 2 112 acres, 5 acres, 10 acres and 20 acres on a 4O-acre basis. These result in 40 units per 40 acres, 16/40, 8/40, 4/40 and 2/40.) In a number of cases the impacts could not be quantified numerically so staff prepared a narrative which describes how the alternatives perform relative to each other given the various criteria. The topics selected reflect the issues raised in the rural area background papers, the discussions of the Land Use Advisory Committee and the Metropolitan and Community Developinent Committee and the testimony presented at the June 7, 1990, public meeting. Recorded below, are discussions of six topics which were chosen by the Metropolitan and Community Development Committee. The data for a number of the criteria have yet to be collected and analyzed. When this data becomes available, staff will prepare a discussion and present it to LUAC. In some cases, the data staff was seeking has not been available. Unless a suitable substitute is found, the criteria will be dropped. These topics will be discussed with the committee. IMPACT ON AGRICULTURE This criteria reviews the impact increased development might have on commercial agriculture. There area number of basic assumptions that underlie this issue. The first is that agriculture should be! protected. :This has been established as a goal by the Council and reconfirmed as recently as 1986, therefore, the validity of this goal will not bereviewed.. The second assumption is that there is agricultural activity to bepreserved..~os2>.~ty~ii~~wt!~:(argue.th~t: tji~;'kU?tYbasnev~r J. been an agricultural area and, therefore, they should not be asked to restrict development to protect such uses. In addition, if the use of land for agriculture is not feasible, such land use restrictions would not allow landowners to realize a reasonable use. The third assumption is that the lower the density of development. the greater the protect~on of agriculture. A visual inspection of the rural service area does illustrate difference in agriculture from county to county. Hennepin, Carver, Scott and Dakota counties all include significant acreage that can be characterized as typical, midwestern agriculture. Crops being grown include soybeans, wheat and corn. These crops all require larger parcels of flat farmland. Entering Washington County from the south, this type of farming continues. As you move further and further north, this type of agricultural . ~ctivity becomes more spotty. In northern Washington and Anoka Counties there are few, if any, .,---,,"rge-scale grain farms. The agriculture uses become apple orchards, tree farms, sod farms and truck farms interspersed with wetlands, wooded areas and residential developments. A statistical view of agricultural activity is given in Tables 1-5. These tables record acres of farmland, land in the Agricultural Preserves and Green Acres Programs, farm employment and farm income. Farmland by county is recorded in Table 1 along with land certified as eligible for the Agricultural Preserves Program and land in the Agricultural Preserves Program (covenanted) and land with an expiration date set. With the exception of Ramsey, each county had a significant amount of land farmed in 1987. The 84,000 acres in Anoka County represents over 3.5 standard townships. Neither Anoka or Washington Counties have certified much farmland eligible. for agricultural preserves. This could occur for many reasons. First. many of the parcels farmed could be smaller than 40 acres. If there is a residential structure on the parcel, it would not qualify for the 1 unit per 40 acre standard. Second, the individual cities or towns may have decided not to preserve .and/or protect this farmland and, therefore, did not zone it 1/40. Third. the landowners might have opposed 1/40 designation in the belief this would restrict their ability to sell the land or to change the use and, therefore, the town did not plan and zone it at 1/40. The land in the Green Acres Program is recorded in Table 2. While Carver County has a small enrollment, this can be explained by the large acreage certified for aid covenanted under the Ag Preserves. A significant amount of land was enrolled in this program in Anoka, Dakota, Hennepin, Scott and Washington Counties. Farm employment in 1987 ranged from 106 in Ramsey County to 1,761 in Carver County. (See Table 3.) Both Anoka and Washington Counties have a significant number of people employed in farm activities relative to other counties. Washington County employment has exceeded Scott County's farm employment in 1982 and 1987. Anoka County's 1987 farm employment was 52 percent of Carver County's. The number of farm proprietors crable 4), a sub-set of farm employment, reflect a similar pattern in the region, but the number of farm proprietors is lower in Washington County than in Scott County. This figure gives some idea of the number of farm operations in each county. Farm income reflects a somewhat similar pattern to employment (Table 5). While Carver County has the highest number of farm employment and proprietors, Dakota County generates the highest income at about $32,000,000 annually. Carver County is second. reporting a farm income of $22,000,000. Ramsey, of course, is lowest. Anoka County generates over $8,000,000 of farm income. Hennepin, Scott and Dakota Counties all generate about $12,000,000 annually. " _ '. ,. '. ".'" .,. ~_ _. . .;.". ," . _, ._._ ~_ _, _.. ~_, u_ ._'-'"..........r__._'.__.~_~~-.~..~.~.,~. .'.-' .-.,- -, -- ", Thee second qu~~on tha~, needs to.be ansWe~ for this criteria is hoW effective are. the five densityj alternatives in protecting agricultural operations?; While the entire exercise now underway is trying to answer this question in some way, the idea of low-density as a means to limit negative impacts on agriculture stems from the belief that the more people in the rural area, the more negative conditions will be fostered that will make farming more costly or in some other way hinder the operations of farmers. The problems associated with the increased amount of development and people are listed below. 1. Restrict hours of operation of farm equipment due principally to noise. ,- 2 2. Restrict operation of farm equipment on public roads due to conflict with slow.mo..ing farm ~ vehicles. 3. Restrict farmers' use of pesticides or herbicides. 4. Increased taxes and assessments due to increased land values, increased number of local services or increased quality of local services provided. 5. Complaints and restrictions on farm operation due to odors and dust. 6. Vandalism of farm equipment or crops. All five alternatives will produce more people per given land area than the commercial farming density of 1/40 and, therefore, increase the potential of negative impacts on farming. The 1 unit per 20 acres will produce the fewest impacts due to the small number of people that would move into a given area. At this density, it is very conceivable those moving to the area have a serious interest in activities or a life style requiring a rural setting. The families might want to raise horses or dogs or to grow some type of fruits, vegetables or trees. Even if these people only wanted a rural home site, the land area is ~ large enough to buffer these homes and people from farming operations. The 1 unit in 10 acres density generates twice the development of the 20 acre density. The density provides 64 units in a square mile so the impacts are still not very great. This. density will probably produce less activities that require a rural setting, but clearly this can provide a rural life style. Ten acres is the minimum area that can qualify for the Green Acres Program. Many families raise animals in areas with this density. The separation offered by this density lessens the complaints about odors or noISe. The 5 acre density would represent 8 units per 40 acres or 128 units per square mile. This density is still far from the normal suburban communities with 3 units per acre. Seeing a neighbor's house would be possible, although site planning could limit such views. The buffering effect from farm noise and odor is reduced at this density. The 2.5 acre alternative represents 256 units per square mile. This still provides over l00,lXX) square feet per family. Buffering against noise and odors is still further reduced. Few profitable agricultural activities can be carried out at this density. This area is more likely to appeal to those that want a semi-urban life style instead of rural life style. The 1 unit per 1 acre might be considered a low density subdivision. There could be 640 units per square mile. The development would be larger lots, but would be difficult to characterize as rural. People moving to this area would have little interest in agricultural activities. Due to the limited buffering offered, noise, odor and dust could be significant problems if located adjacent to farm operations. In conclusion, with the exception of Ramsey, all counties have agricultural activities that should be protected. The lower density standards provide more protection than the higher density alternatives. J 3 z o - E-< -< c.. - U ~ ~ ~ t.:l o -~ 0:"0\ :CCl.l~ r::~'" ~ ~ CI.l ~ ~ . - ...:l C2 ;:J !:3 ;:J u - ~ t.:l -< -S~ i.s .. 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(Q ... :l - "3 <.l 'r:: bO ea .... o IJ (Q '" IJ .c - - o c '" co . ~~ '" C IJ '" :l~ co it ] 5 ..2~ 1~ .~ ~ .~ ~ ~.c <.l . :l ~ '" c- '" IJ - ~ E I.) .!:l l:l ~ C. "3~ C :l t.:'::: IJ :l ~ .~ IJ ... bObO ea co IJ C ... os <.l_ ea:.: IJ 8- .co - ... au .c e - ... co ~.5 :; C -0 .~ .~ "3'U t: .5 0'2.... 8..9 1J..2 bO.Q ~ :~ ...- <.l IJ ~.8 ::->. C co :l e 8~ C ... co 1.)- ~ E u.!:l .. .... .. o. '<T .5 IJ e 8 .5 .... o ~ - 4oI't i ..2 - ea tl - e IJ = ~ .c <.l :E it ] co 0. ~ c: .g '2 t: 8 .. \ ,--) Table 2 LAND ENROLLED IN GREEN ACRES PROGRAM County . Acres Anoka . 71,118 Carver 4,540 Dakota 131,395 Hennepin 57,582 Ramsey 96 Scott 95,449 Washington 82,182 Total 442,266 ;ource: Minnesota Department of Revenue, June 26, 1990 <) 5 (;oJ ::;E- _z E-(;oJ ,.j~ l"'l...lo o~.:! :0.....::.. <<:-::; E-o~(;ol ~~ <:; ::.. 1:1 0\ V) \0 0 \0 V) N - N. ~ l"'l ~ 1:1 - - - :ci '" ~ - \0 gs ~ - l- S ~- l"'l. N. c:r. - - - - ;... N 0\ ~ ... 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N ~ C'\ \/:) r-- .. 0\ 0\ N- = = - .. - - '- s S! \/:) 00 M -:r j 00 r--_ os ~i .n - Q - M r-- .. ~ .,., ~ .. ~ t - t:l ~ 0\ N - N f- !J ~ ~ r-- -:r Q - - ~ .,.,- .n as - 00 N r-- r-- ~ ~ Q\ - - - , '- o ~ 'J :..) 8 o '- o ~ 'C "" c:; '" lJ .c - "'0 C "" .. ..8 .~ E ~ "'0 lJ .. :.a ..... o "'0 C :.;;: , .5 , >. "" c. lJ .c - .: ..8 "" e .. ~ '5 .. :.a ..... o l3 eo "" ~ lJ .c - oj e 8 .5 E ~ - lJ C .. -.. o - lJ 'C C. o .. c. ..... o ~ ,~ C! .~ ~ e~ 8 E c "" ,- .. e 8- .. .. u: 8 r-- .~ ~ c:; ~ (J 's o c ~ ..... o :l <':l <U ... :l c:l H ... :l r5S EFFICIENCY OF TRANSmONAL AREA DEVELOPMENT Definition Transitional development areas are those land areas located outside of, but adjacent to, the MUSA and where the land uses and level of services may eventually change from a low-density, rural pattern to a high-density urban pattern. This definition does not consider "transitional areas" where the development and related land uses are in between an urban development pattern and an agricultural land use pattern. General Conc.em The primary reason for designating a transitional area for land use planning is to facilitate a planned change from unsewered, low-density, rural land uses to sewered, higher-density, urban land uses. Local communities with land adjacent to the MUSA (or freestanding growth centers, or sewered rural centers) need to consider if any of those areas should urbanize and how fast Then they need to adopt a future land use plan that maps out the future urban service areas. They also need to adopt a sewer plan and capital improvements plan that will schedule the phasing-in of urban services based on the community's financing capacity. The issue being investigated in this paper is what development density standard does not obstruct the rural to urban transition process and which makes the provision of urban services financially, physically and politically possible? The following discussion briefly assesses the suitability of the five development density alternatives for use in transitional area planning. Suitability of Density Alternatives for Transitional Area Planning 1 Unit Per 1 Acre (40/40, 640/sq. mile): o This level of density allows a development pattern that is more urban than rural. o Providing public sewer, water and paved roads in such areas can be very expensive for the individual homeowner, but still may be possible. o It can be difficult to re-subdivide lots to allow additional homes at a higher density. .. Of the five density alternatives, this one is probably the second most difficult to convert to urban services and urban uses at higher densities. One Unit Per 25 Acres (16/40, 256/sq. mile): o The 1975 Metropolitan Development Framework descnbed this alternative as urban density 8 I ,) ,~ development. Individual 2.5-acre lots isolated from each other would not necessarily be urban density, but clusters or subdivisions of such lots would be. o Assessments for the addition of urban services can be even more burdensome than for one-acre lots. The cost per housing unit to provide sewer service could be very high. and depending on the existing development pattern, might be impossible for the homeO\mer to afford. o It may be easier to re-subdivide the lots for additional homes, if people know the area will someday be urban, and if the land is pre-platted for future urban development. o Certain non-residential land uses may be viable at this density. ~ This alternative would the most difficult to convert to urban density and land uses. One Unit Per 5.0 Acres (8/40, 128/sq. mile): o This alternative is more rural than the 1 unit per 2.5 acre density, even if the 5 acre lots are all next to each other. One exception is when the homes are clustered on one acre or 2.5 acre lots. However, the balance of the land could be used for farming or open space. oRe-subdivision to higher density development would be feasible, if pre-platted. o This is not an efficient pattern for delivery of local services. o Certain non-residential land uses could be allowed at this density. ~ Due to the potential for re-subdivision to urban densities, this density alternative would . be preferable to the 1 unit per ,I acre or 1 unit 2.5 acre density alternatives. One Unit Per 10 Acres (4/40, 64/sq. mile): o This alternative preserves a rural level of development and services. o It does not encourage preservation of farmland, although the low density of development protects farming. o It also is not an efficient pattern for delivery of local services. oRe-subdivision to higher development densities is feasible, especially if pre-platted. o The possibility exists for allowing certain non-residential land uses. ~ The feasibility of efficient transition to urban densities with this alternative is second only to the 1 unit per 20 acre alternative. One Unit Per 20 Acres (2/40, 32/sq. mile): 9 o This density is clearly rural. o It offers the possibility for hobby farms, specialty crop farms, etc. o The larger land parcels discourage urban, small-lot development until needed. o The feasibility of subdivision into small urban lots is greatest with this density alternative. LOCATING LARGE-SCALE PUBLIC USES IN THE GENERAL RURAL USE AREA Council policy recognizes many public and private facilities exist in the general rural use area that require isolated and spacious locations. These facilities include campgrounds and recreational vehicle parks, waste disposal installations, airports, gun clubs and mining sites. The general rural use area is an appropriate location for these facilities. The Council's interest is that these facilities are adequately Served, consistent with local and regional plans, and to the extent possible, that they do not interfere with agricultural activities. As the intensity of development in the general rural use area increases, it will be more difficult and expensive to acquire sites needed for these activities and the buffer areas that might be desirable. As examples, the area needed for a regionally sited landfill and an intermediate airport are used below to compare the five density alternatives. The minimum area required for a landfill according to Council standard, is 160 acres. This includes the active fill area as well as the buffer. An intermediate airport will require about 2,000 acres. This land is required for runways, taxi ways, hangars and parking. This estimate includes space for expansion. In addition, the required land use safety zones are provided at the ends of the runways. The development in the safety zone must be limited to uses that are not noise sensitive, uses that do not concentrate people and uses of such height as not to penetrate the airspace of safety zones above the ground. These land area estimates, while not overly generous, are intended to provide some flexibility in containing some typical airport problems on-site. Some of the land areas could be used for associated airport use such as industrial development, which is not noise sensitive. The table below shows the number of housing units that would have to be acquired if the sites were developed fully under each density alternative. These figures assume only single-family residential units were developed. . .....-.... .,.... ." . ...,.......' ., ...... . ., ,-...-. ,. ?RegIoDally. Sited Landmr...}C.riiternledIate .AIrport.. .......... .... < 160 Acres (.2S89 Sq. miles) 2,000 Acres (3.189 sq. mileS). 1 unit/acre 160 units 2,000 units 1 unit!25 acres 64 units 800 units 1 unit/5 acres 32 units 400 units 1 unit/l0 acres 16 units 200 units 1 unit/20 acres 8 units 100 units 10 The more units on the site, the higher the acquisition and relocation cost and the social disruption , \t some point along this spectrum, site acquisition for these purposes might become impossible. It '--J very difficult for local, regional or state officials to approve projects that require the dislocation of large numbers of families. How many families would elected officials be willing to relocate for these public purposes? For a new park? For a waste incinerator? There is no valid answer to these abstract questions. The fewer families that have to be relocated, the easier the process of siting such facilities. Since there will only be a limited number of. these larger facilities located in the rural area, the committee needs to also consider if it is valid to restrict development in the entire general rural service area to make it easier to locate such facilities. Other issues to consider are the future needs for such facilities that are as yet unanticipated, or the need for facilities such as highways, pipelines, electric transmission lines or power plants that are sited by groups other than the Council. On the basis of this criteria alone, the lowest density (1 unit/20 acres) would be the most preferable. WATER QUALITY AND OUANITIY As the rural area develops, it changes land use from some existing use to a rural residen.tial, commercial or industrial use. The previous use of the land contnouted to both surface water as well as groundwater degradation. Depending on the previous type of land use and the intensity of the new rural residential uses, the impacts on surface water and groundwater can be either increased or lessened by the land use change. Water quality contamination can be from increased nutrient loadings, both phosphorous and nitrogen compounds, increased organic loadings or increased pathogenic organisms. Common sources of nutrients are fertilizers and weathered rock and soil. Common sources of organics are soils, plant material and human and animal waste products. In addition to these common types of contamination, heavy metals, volatile organics, pesticides, insecticides, herbicides and other hazardous wastes can contaminate both oUr'Surface water as well as groundwater from various activities of persons living on the land. If the previous use of the land was undeveloped (natural), the least intrusive land use type, the amount of phosphorous that could be expected to run off into nearby surface water would have a range of 0.08 - 0.26 pounds of phosphorous per acre per year. If the land was an active pasture, it could be expected that four times this amount of phosphorous would run off. For high intensity row crops. the amount of phosphorous runoff could be 11 times higher than that of undeveloped land. Depending on the soil types, the amount of best management practices in place, the amount of precipitation, the proximity to surface water and a number of other factors could dramatically change the amount of phosphorous that runs off into nearby lakes and streams from the average conditions reported above. In the case of rural residential development. none of the studies reviewed have differentiated between various densities of rural residential development and changes in water quality impacts. Most studies have defined rural residential as lot sizes of about one acre. Atypical house on a lot of this size would have between 10 and 15 percent impervious surface area that would allow water to run off very rapidly. Based on various studies, a lot of this size would contnoute about four times as much phosphorous to a lake or stream as an undeveloped, natural lot. This is about the same amount of runoff as pasture land, but three times less than intensively farmed row crops. .,J 11 As development becomes less dense, the percentage of impervious surface decreases and the amount of runoff approaches that of undeveloped land. However, as lot sizes increase, there is a tendency to use this land in some manner, for large gardens, hobby farming or for raising horses. These practices, depending on the intensity, will increase the amount of runoff and the amount of contaminants and sediment in the runoff. .' Both agricultural practices, as well as rural residential development, may cause groundwater contamination if they are not done properly. Both land uses will cause more contamination than undeveloped land. In agricultural areas fertilizers which contain nitrogen, phosphorous and potassium, that are applied in excess of crop requirements, can enter the groundwater system and cause contamination. In addition to fertilizers, agricultural practices use many different chemicals that are considered hazardous wastes. These chemicals must all be handled properly and disposed of properly or both surface water and groundwater contamination can result. In rural residential areas, septic tank effiuent is the main concern for groundwater contamination. If septic tanks are properly designed, sited, operated and maintained there is little threat to groundwater contamination. However, if anyone of these factors are not being correctly applied, groundwater contamination can result. In addition to having all of these factors in place, education of the septic tank user is imperative. Households contain many different hazardous wastes that must be managed properly. These materials cannot be flushed into the septic tank system without causing problems. These materials cannot be poured onto the ground without causing problems. As rural area densities increase, the likelihood of something going wrong that can impact either or both groundwater and/or surface water greatly increases. In all of the alternative densities considered, it is assumed that no development would take place on environmentally sensitive land, e.g. steep slopes, wetlands, high groundwater areas, groundwater recharge areas, flood plains, etc. . By leaving these areas vacant and undeveloped, major portions of many cities and towns will not be developable. Regardless of the density, if development occurs in environmentally sensitive areas, water quality degradation will occur. Therefore, it is imperative that these areas be reserved in order to protect water quality. URBAN SEWERS Approximately 95 percent of new development in the Metropolitan Area is expected to reside within the Metropolitan Urban Service Area. Based on this assumption, the Metropolitan Waste Control Commission (MWCq has constructed interceptors and treatment facilities to serve this future population and has developed its rate structure to pay for these facilities. One of the methods to pay for these facilities is the service availability charge (SAq. SAC is a connection fee that is paid by local units of government for the reserve capacity portion of annual debt service payments. In its Implementation Plan, the MWCC has estimated that SAC will increase over the next 20 years because of additional debt service (Table 6) and the dramatic decline in new housing starts in the urban service area. Even if more people start. moving into the rural service area, the resultant decrease in urban sewer needs and associated reserve capacity debt service will be minimally impacted. If more housing starts occur in the rural area using on-site systems, a greater portion of this debt service cost will be born by new construction in the urban area. Two different scenarios were analyzed as part of this study. The first scenario assumed that the five percent that was moving into 12 the rural area was developing at one unit per 10 acres. 1:be second scenario assumed that this . . \!nsewered housing Was ,developing at one unit per five acresJ11ledifferent density'alternatives were - <.........hen. proportioned from these two scenarios, Le., if two new housing units were assumed to be built with on-site sewage systems at a density of one per 10 at a density of one per five, four units were assumed to be built and only one unit was assumed to be built at a density of one per 20. Tne following tables (7, 8, 9 and 10) show the average conditions in five year increments, e.g. from 1990 to 1994 is shown as 1990, etc. Based on Council demographic projections, annual sewered and unsewered households were calculated for each alternative density. From the annual sewered households the total number of new units and nonresidential, commercial and industrial, growth was calculated. The estimated SAC was then calculated based on each density alternative for various time periods and the percentage change from base conditions was calculated. Under the first scenario (Table 8), SAC in 2005 could be reduced 2.4 percent if the development was at 20 acre density and could increase 76 percent if 10 times the forecasted development occured due to the 1 unit/l acre density. Table 10 shows the corresponding percentage changes. Many simplifying assumptions had to be made to calculate the changes in SAC. However, the relative order of magnitude between each different density alternative is the important consideration and not the specific number. It should be remembered that, regardless of the density standard, only a certain number of people will ever want to live in the rural area so some of the growth projections at lower density standards may not be realistic. The highest level of rural growth reported in the region since 1970 was about 17 percent. The maximums in the two scenarios discussed above range from 25 to 50 percent. ,~ 13 . I Table 6 , " I SAC REQUIRED TO MEET DEBT SERVICE I Millions $ 1990 11. 74 1995 13.11 2000 14.45 2005 14.72 Table 7 SAC BASED ON CURRENT REQUIREMENTS - 1/10 BASE Year 1/20 1/10 1/5 1/2YJ 1/1 1990 589 600 623 675 902 1995 859 875 908 983 1307 2000 1221 1250 1311 1455 2162 2005 2929 3000 3151 3506 5290 Table 8 . PERCENT CHANGE. 1/10 BASE Year 1/20 1/10 1/5 1/2% 1/1 1990 (2.3) - i 3.8 12.5 50.3 1995 (2.4) - 3.7 12.3 49.3 2000 (2.3) - 4.8 16.4 72.9 2005 (2.4) - 5.0 16.8 76.3 .\ 14 \ '-~ Table 9 I SAC BASED ON CURRENT REQUIREMENTS. 115 BASE I Year 1120 1110 115 112Yl 111 1990 583 589 600 623 704 1995 851 859 875 908 1025 2000 1207 1221 1250 1311 1538 2005 2895 2929 3000 3151 3715 Table 10 PERCENT CHANGE. 1fS BASE Year 1f20 1f10 11S 1f2Yl 1f1 1990 (2.7) (23) - 3.8 17.4 1995 (2.7) (2.4) - 3.7 17.2 2000 (3.4) (23) - 4.8 23.1 , 2005 (3.6) (24) - 5.0 23.8 ,.J 15 HUMAN SERVICES General Background While the definition of "human services" can be quite broad, for the purposes of this paper a narrower interpretation will be used that includes social welfare/support, medical and public health services, but excludes special transit service, local government administration--fire, police, emergency, etc. and local school facilities/education. If we were only looking at public costs for human services, population densities in the ranges considered in this study (viz., 1:10 acres, 1:5 acres, 1;2.5 acres, 1:1 acre) are all at such low density that there can't really be any economies of scale achieved for most human services. For all these proposed densities, the transit problems are the greatest challenge. It's only when we are at urban densities that we begin to achieve some economies of scale for most human service (design, administration and delivery). Therefore, there is probably no clear, linear relationship between human service costs and population density for the rural area. , Rather, the population characteristics or In-migrants have the strongest effect on human service demands in new development... whether in the general rural use area, a freestanding growth center or a rural center. The variables that most likely affect human service costs in the short-run include: - Need for transportation (low income, youth, elderly); . Any costs associated with creating and staffing satellite service sites (especially if the counties feel pressure to open up local, accessible service centers); - Self~selection of in-migrants from among persons with greater service need (e.g., welfare recipients specifically select a home in a rural area to put their kids in rural schools and avoid the stigma they feel in more affiuent suburban schools); . Self-selection of in-migrants from among persons with higher service expectations (e.g., ex- urbanites who move to rural areas to escape "poor service" associated with urban areas); and - Different characteristics of persons who are attracted to different kinds of housing options (contrasts between those who move to hobby farms and those who move to rural housing developments, or mobile home parks, or single houses on one acre). Major Points 1. In the short-term, there will be discrepancies between the new in-migrants and the indigenous population in their level of expectation for human services. In-migrants' expectations for "formal" services (i.e., services provided by agencies and/or government--contrasted with "informal" services provided primarily by family, neighbors and friends) are likely to be higher, resulting in potential conflicts about taxes, levels of public service, etc. . 2. In the longer-term, need for humans services in the rural areas will grow disproportionately faster than historical rates because (1) the in-migrants will eventually age-in-place and need help to 16 maintain their independence, and (2) current trends in human services are to distr:~ute (i 0;., \ reduce the density of) persons who are likely to use services--disabled, handicapped, elddy, e.:. , '-J 3. Unit costs for human services wilI be higher in rural areas than in urban areas, particularly if ru: 11 area workers demand wage parity with their urban counterparts. In sparsely populated are:JS, economies of scale are harder to achieve, and the ancillary cost of social service transportation (because of geographic distances) makes service more expensive. 4. "Aging-in-place" and "mainstreaming" persons with disabilities (described in #2 above) will make human services increasingly dependent on adequate transportation services. Transit is the glue that holds the human service system together--if the services are available, you will have to travel to get them. 5. Different standards will be developed for human services in rural areas. For example, the Council's health policies were developed acknowledging different standards for services in urban and rural areas. Because of the population density and cost-efficiency factor, (a) availability of services, (b) the types of services available, and (c) response times for emergency services are different in urban and rural areas. It is proposed that persons who choose to live in rural areas will have agreed to a different level and quality of services, commensurate with the resources and constraints of a rural setting. 6. The type of housing that is developed, and the kind of commercial development that is accomplished will profoundly affect the characteristics of persons who select to in-migrate. Attracting affluent persons may result in higher service expectations and standards (and cOsts); in-migrants who are raising families will increase the need for educational facilities and public transit; in-migrants who are less affluent may be at higher risk of needing welfare services during economic slow-downs; etc. All in-migrants will eventually get older and need some public or private assistance to remain independent. tjpOOSlO 7.5.90 :J 17 '.) METROPOLITAN COUNCIL Mears Park Centre, 230 E. Fifth Street St. Paul, Minnesota 55101 Tel. 612-291-6359f1'DD 291-0904 MINUTES OF THE MEfROPOLITAN AND COMMUNITY DEVELOPMENT COMMITTEE Oluncil Chambers June 21, 1990 2:00 p.m. Committee Members Present: Chair Gertrude Ulrich, Alfred Babington-Johnson, Mary Hauser, Kenneth Kunzman, Mike McLaughlin, James Senden Committee Members Absent: David Fisher Other Council Members Present: Dirk deVries, Dottie Rietow Staff Present: Carl Ohm, Anne Hurlburt, Donna Mattson, Guy Peterson, Paul Baltzersen, Barbara Senness, Tori F100d, Robert Overby, Karen Patraw Others Present: Land Use Advisory Olmmittee Members: James Filippi, Judy Grant, Jude Olcney, Michael Hoffman, Frank Simon; Mike Wozniak, Rosemount City Planner Chair Gertrude Ulrich called the meeting to order at 2:04 p.m. Hauser moved and Kunzman seconded approval of the agenda and minutes of May 31 and June 7, 1990. Chair Ulrich pointed out a correction in an attachment to the June 7 minutes. The motion carried. PROPOSED REVISIONS TO THE CmZEN PARTICIPATION PLAN Guy Peterson, manager, community outreach division, presented the proposed revisions to the Citizen Partidpation Plan. This final version of revisions to the plan is the result of several discussions by the committee about the plan and the Oluncil's citizen participation activities in general, including a public meeting in April. The draft includes language that recognizes the fiscal limitations of the Oluncil's ability to carry on citizen participation activities; it acknowledges legislators more specifically as key Oluncil stakeholders; it suggests the expanded use of various communication vehicles to help the Oluncil communicate regional issues; and it supports flexibility and responsiveness on the part of the Oluncil regarding the time and location for conducting public meetings and other events to facilitate greater public participation. Hauser moved and Babington-Johnson seconded the recommendation. That the Metropolitan Oluncil adopt the revised Citizen Participation Plan for the Metropolitan Oluncil. The motion carried. CI1Y OF ROSEMOUNT COMPREHENSIVE PLAN AMENDMENT, 80 ACRE INDUSTRIAL DESIGNATION, AMENDMENT 15, REFERRAL FILE 14815.6, DISTRICT 16 Paul Baltzersen, comprehensive planning staff, presented the findings and recommendations for the city of Rosemount's proposed comprehensive plan amendmenL .- '\ '._) Metropolitan and Community Development Committee Minutes of June 21, 1990 Page 2 Council Member Hauser expressed concern that the city consider the need to extend services to the recently approved solid waste incinerator. Mike Wozniak, planner at the city of Rosemount, answered that he didn't think the incinerator would require sanitary sewer extensions. the proposed site is relatively far removed from their existing urban service area. Kunzman moved and Mclaughlin seconded the recommendations. 1. That the Metropolitan Council adopt the above findings and the staff report as part of these recommendations. 2. That the change in planned land use from agriculture to industry for the 80 acre area be approved. The motion carried. GUIDELINES FOR REVIEWING lAND USE CHANGES IN THE NEW AIRPORT SEARCH AREAS Barbara Senness, comprehensive planning staff, discussed the process to develop guidelines for reviewing land use changes in the new airport search areas. Staff also reviewed legislation that gives some authority to the Council 10 protect land area within both the candidate and final search areas. The committee discussed AMM involvement,location of the hearings, and the need to alleviate confusion that could be generated by the simultaneous search for a minor airport site. Council Member Hauser expressed dissatisfaction with the reliever airport study. Chair Ulrich recessed the meeting at 2:38 p.rn. Business was resumed at 3 p.m. for a joint meeting with several of the Land Use Advisory Committee members. JOINT MEETING WITH LAND USE ADVISORY COMMITrEE TO DISCUSS PUBliC MEETING COMMENTS ON RURAL POliCY AND lAND USES IN THE RURAL AREA Anne Hurlburt, manager, comprehensive planning, explained that the purpose of the meeting with the Land Use Advisory Committee and the MCD Committee is to discuss comments from the public meeting on June 7, and discuss the staff paper on land uses in the rural area. Robert Overby, comprehensive planning staff, presented a report on Land Uses in the Rural Area as the first in a series that will be prepared during .the second phase of the Council's rural area policy review. Staff requested that committee members (1) decide which categories of additional land uses are appropriate for the rural area and (2) recommend additions or deletions to the land uses listed in the paper. Discussion inclu~ed: o The ag preserves report and nonconforming acreage. o Under Possible Additional Land Uses, the need to clarify "storage areas" or "buildings" by adding the words "farm-related: or "farm-activity" related. o The acquisition of development rights or easements as a method to preserve agriculture. . 0 The need to control the orderly transition of development, not prevent development. o The need for transportation related language regarding group homes and institutions. o Aging in place of the population and the impact on services. - o Transition areas involving multiple units of government and the state's enabling laws. <J '\ ) Metropolitan and Community Development Committee Minutes of June 21, 1990 Page 3 o Compatibility of land uses and preserving agricultural land. Chair Ulrich thanked the members of the Land Use Advisory Committee for attending and participating in the discussion. Anne Hurlburt briefly went over the timelines for the remainder of the rural area policy study. The meeting was adjourned at 4:05 p.m. Respectfully submitted, Karen Patraw, Secretary tjp00536 ~28.lIO CommercialIRecreational category; research ultralight airplanes (under the CommercialIRecreational category) with Council airport staff to see if landing areas can be regulated by local governments and if not, delete this use from the category; add bed and breakfast homes to the Commercial category. Mobile home parks were discussed and were not included in any of these areas because they are considered a concentration of single family homes and should be located within a sewered area. For purposes of this discussion, they are considered a residential use, not a commercial use. For Rural Centers, Council staff wants to be sure that certain groups are not excluded based on income. Therefore, the Council supports a full range of housing types, including apartments. Policies for Rural-to-Urban Transition Areas may assist local governments in planning for the next stages of development within their community. Uses located in the general rural use area are those which need isolated and spacious locations and tend to be permanent. If a community knows that an area is eventually going to be needed for urban development, then it may be helpful if the community would not allow those types of uses that may become a barrier later to redevelopment. The meeting was adjourned at 5:15 pm. Respectfully submitted, Tori Flood, Secretary LUACX May, 1990 2 '. '\ '-) Mears Park Centre, 230 E. Fifth Street St. Paul, Minnesota 55101 Tel. 612-291-6359ffDD 291-0904 MINUTES OF THE LAND USE ADVISORY COl'vThlITfEE Room lA May 23, 1990 3:00 PM Committee Members Present: Gerald Stelzel, Jude Okney, Adrian Rygg, Frank Simon, Neil Weber, Mary Hauser, Council liaison. Committee Members Absent: Larry Bakken, Michael Hoffman, Stephen Bubul, Richard Little, Linda Thorsvik. Bryan McGinnis, Judy Grant, Edwina Garcia, Pat Miller, William Casey, James Filippi. Council Staff Present: Tori Flood, Carl Ohm, Anne Hurlburt, Bob Overby. Chair SteIzel called the meeting to order at 3:30 pm. The March 23 agenda and the March 14 minutes were not approved, since there was no quorum. Rural Policv Review Process and Schedule Carl Ohm and Anne Hurlburt reviewed the schedule that was set up for the Metropolitan Community Development Committee (MCDC) and discussed these meeting dates. Changes in meeting dates and times were discussed and the final schedule was set. The tentative schedule is attached to these minutes. Please note that the June 7 meeting is an important one. Appropriate Rural L:md Uses Bob Overby presented a paper on land uses in the rural area. The report lists the types of land uses in the rural service area that are currently supported by the Metropolitan Development and Investment Framework (MDIF). It also suggests possible land uses that could be allowed by Council policy. The purpose of the report is to assist in the discussion of the remaining subjects in the rural policy analysis; density standards, lot size, clustering, performance zoning and transition area planning. LUAC recommended changes to the report. These changes will be forwarded to the MCD committee. Discussion and suggested changes for each of the policy areas included: 1. Commercial Agricultural Area - Study other agriculture programs that fall within the commercial agriculture area; clarify that these are appropriate uses for this policy area from a regional perspective. 2. General Rural Use Area - Changes to the Possible Additional Land Uses list. Add golf courses to the CommerciaIIRecreational category; clarify that the Council is relying on local governments to provide adequate services (sewer, water, transit) that are appropriate to serve the uses listed for Residential; delete the word "plants" from the first land use under Commercial to read "-agricultural products processing"; move "retreat facilities" from the Commercial category to the . ') '- _/ 1 CommercialiRecreational category; research ultralight airplanes (under the Commercial/RecreJtional category) with Council airport staff to see if landing areas can be regulated by local governments and if not, delete this use from the category; add bed and breakfast homes to the Commercial category. Mobile home parks were discussed and were not included in any of these areas because they are considered a concentration of single family homes and should be located within a sewered area. For purposes of this discussion, they are considered a residential use, not a commercial use. For Rural Centers, Council staff wants to be sure that certain groups are not excluded based on income. Therefore, the Council supports a full range of housing types, including apartments. Policies for Rural-to-Urban Transition Areas may assist local governments in planning for the next stages of development within their community. Uses located in the general rural use area are those which need isolated and spacious locations and tend to be permanent If a community knows that an area is eventually going to be needed for urban development, then it may be helpful if the community would not allow those types of uses that may become a barrier later to redevelopment. The meeting was adjourned at 5:15 pm. Respectfully submitted, Tori Flood, Secretary LUACX May, 1990 2 \ ) ~ **************************************************************** ~:************************************************************~* ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ::WHAT~S HAPPENING? :: ~~ ** ~~ {~** ~~ . ** ~~ k ~~ ~~ July 17, 1990 ** ~~ ** ~~ ** ~~ ** ~~ /. ** ~~ ** ~~ ** ~~ - The optical scan voting equipment was ** :: certified for use by the Secretary of State on :: ~~ July 2, 1990. ** ~~ ** ~~ ** :: - Council filings open August 28th through :: ~~ September 11, 1990. ** ~~ ** ~~ ** ~~ - Note the letters we received from the Minnesota ** :: Department of Trade and Economic Development. :: ~~ ** :: Crooked Lake Access :: ~~ ** ~~ ** ~~ Concerning the LAWCON program, we can provide ** :: handicapped parking and better access to the :: :: picnic area but handicapped porto toilets may be :: ~~ hard to provide. ** ~~ ** ~~ ** ~~ Kelsey Park ** <<~ ** ~~ ** ~~ We will work with the Park Board on this issue. ** ~~ ** <<~ The plan presented back in 1980-81 was real ** :: elaborate as to what was going to be provided in :: ~~ the park. ** <<~ ** ~~ ** ~~ - There is a homeowner in the Moores ** ~~ ** ~~ Estates/Sycamore Street/Redwood street/157th ** :: Avenue area that is upset about the condition of :: ~<< Sycamore Street and wants the street Class V ** :: gravelled. Some areas are real loose sand. We :: :: have hauled in some gravel in past years but it :: ~~ doesn't last. This area turned down the ** :: proposal for street improvements a few months :: ~~ ago because the cost was more than they could ** :: afford to pay. To do what he requested would be :: :: about 40-50% of the cost of the improvement if :: <<~ we were to do it right. Others in the City are ** <<~ ** ~~ ** ~~ continued ** ~~ ** <<~ ** ~~ ** ~~************************************************************~: ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ , J Page Two what's Happening July 17, 1990 assessed for their street grading, gravelling and paving as part of the improvement cost. He may call the Councilor be at a meeting. Frank and I will look at the area and see if we can do some maintenance work that will help this area. It has been like this for at least 10 years. - South Andover Site Bruce Sypniewski of the U.S. EPA called today and informed me their consultant (Donahue) will be at the site from July 23 to August 1 testing; then about August 6 they will be testing and sampling using a backhoe. We have agreed to store their sampling boxes that they will use for three samples. Bruce (U.S. EPA) will send us a letter informing us of what is happening. ~WL-~~-'~~ ~~~ ~~~~-~ r------;--....:..l~ '10 cc.. 7))7/ c; () 'J, W O"ICES 0' '\ \J IJllrke and JlllwkiJl$ JOH"l M, IlU~KE Wt~I.IAM G. HAWKINS aUITE 101 2\l1l COON IIA~IC5 eoU~EVARO COON IIA,",06, MINNEsOTA ee~33 ~flONE Ie 12) 7lU.2gge July 12, 1990 Mr. Robert Dillon 4995 159th Avenue N.W. Andover, MN 55304 Re; Andover Fire Department Procedures Dear Mr. Dillon: The following letter is written at the request of the Andover City Council concerning a number of questions that you raised in writing at their meeting on June 19, 1990. By way of background, the Andover Fire Deparbnent is a depatt- ment of the City in the same fashion as the Planning Departrrent, Building Department, etc. The establishment of the Fire Department was done by the adoption of Ordinance No. 42 on September 8, 1977. This ordinance sets out the general purpose for the establishment of the Fire Department as well as the duties of the Chief. After the Fire Deparbnent was formed, the members adopted a Constitution, By-Laws and Personnel Standards which govern its operation and membership. A number of your questions concern Robert's Rules of Order. Robert's Rules of Order only govern general procedures con- cerning the operation of the Fire Department meetings. The authority of the Fire Deparbnent and the Chief is found in Ordinance No. 42, the Cons\:.itution, By-Laws and Personnel Standards. wi th that background in mind I will ;,ddress the questions that you have raised. 1. Pursuant to Article II of the By-Laws of the Fire Department, the Fire Chief is in command at all fires. Furthermore Section 1 of Article II states that he presides at all meetings of the Department. 2. I am not clear what your questions is, however, in rela- tionship to official policy of the .Oepartment such official policy must be adopted by the members as a whole or there is specific authority under Article V, Section 1 ~J JUL-13-90 FRI 10:26 p . ~1 =3 ~~) Mr. Robert Dillon July 12, 1990 Page 2 of the By-Laws to have cOOImittees appointec1 and to do work for the good and the welfare of the organization. It is my opinion that the membership could delegate to a committee the authority to determine official policy for the organization lf lt so decided. 3. Robert's Rules of Order would not govern. "gag orders" as you have set out in Question 3. All rights of members concerning participating in membership meetings are found in the Constitution, By-Laws and Personnel Standards. . 4. The Constitution and By-Laws clearly set out the duties and responsibilities of the Chief and the officers of the organization and give them the authority to presic1e over such proceedings. Furthermore these documents provide that certain acts do constitute insubordination and therefore a member of the Fire Department can be con- sidered insubordinate for actions in violation of the Constitution, By-Laws or Personnel Standards. 5. It is my opinion, as I have stated earlier, that the Constitution, By-taws and Personnel Standards supersede any conflicting provisions in Robert1s Rules of Order. Article v of the By-Laws deals with the authority of committees and submission of reports to the organization and is the governlng provision concerning the Andover Fire Department. 6. The answer would be the same as for No.5. 7. Duties of the Chairman who is also the Chief are set out in the Constitution, By-Laws and Personnel Standards. 8. I do not understand this to be a question. 9. I also do not understand No.9 to be a question. One of your main concerns appears to be the letter of January 30, 1990 directed to you by Chief Glenn F. Smith. I believe that the By-laws clearly state that the Chief has the duty to preserve order and to ensure that every member of the organization perform their duty or assignment: according to his direction and in a workmanlike, efficient and businessl ike manner. Furthermore, under Article III, Duties of Members, Section 2, says it is a duty of the member of the organization to attend all meetings of the organization and to use good judgment in promoting the welfare of the organization. I do not believe that the Chief has the authority to prohibit all fire fighters from taking positions adverse to the policy of the ~J JUL-13-90 FRI 10:27 F'.04 Mr. Robert Dillon July 12, 1990 Page 3 :~ Department. Individuals have the constitutional right of free speech. However, the Chief does have the authority to disci- pline members who may be holding themselves out as represent- atives of the Fire Department and who state positions contrary to the adopted policy of the Fire Department. It is not clear to me what Chief Smith's intent was in his letter of January 30, 1990. Apparently he felt you were violating the rules and regulations of the Fire Department and felt the need for the letter. Since one of . the reasons he suspended you included violation of this letter, I believe that you muse follow the provisions Set out in Article VIII of the By-Laws for members who are suspended. This would be a request to have a hearing in the presence of the Grievance Committee at which time yourself and the Chief would have an opportunity to present your respective positions concerning the suspension. I have tried to answer the questions that you have put to me in the best manner that I have in spite of the fact that Some of them were not phrased in the form of questions. If there is any further information that you need, please feel free to contact me. Sincerely, William G. Hawkins WGE:mk Ene. cc: Mr. James E. Schrantz / I / \ V ..(j\ 8:01 P.M. / ~\ , ,_/ CITY of ANDOVER Regular City Council Meeting-July 17, 1990 Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/90-14/Cedar Crest 3rd & Cedar Hills River Estates 2. Award Bid/90-2/163rd, 164th, Jonquil 3. Bro-Midwest Vending Special Use Permit 4. Bra-Midwest Vending Cigarette License 5. Wooten Variance 6. Ordinance 8, Section 7.03 Amendment/Adult Uses 7. 8. Kensington Estates 6th Addition Final Plat 9. Petition for Improvements/Kensington 6th Addn. 10. Release Grading Escrow/Red Oaks 6th Addition Staff, Committee, Commission 11. Kennel License Renewal/Dover Kennels 12. Accounting Firm Discussion 13. Union Agreement Discussion 14. Approve Temporary Full-Time Public Works Employee 15. Set 1991 Budget Calendar Non-Discussion Items 16. Approve Plans & Specs/90-12/Bent Creek Sidewalks 17. Approve Plans & Specs/90-13/Creekridge Sidewalks 18. Approve Speed Study/University Avenue 19. Release Escrow/13380 Hidden Creek Drive 20. Approve Final Payment/89-24/Comm. Park Pond 21. Award Bid/90-6 Bunker Lake Boulevard 22. Award Bid/90-15/Crosstown Water Extension 23. Approve Change Order/90-3 24. WDE Update Approval of Claims Adjournment <) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 17, 1990 F , AGENDA SECTION ORIGINATING DEPARTMENT APPROVED FOR NO. Administration ::y(~ ITEM Vicki Volk ~.~p NO. Approval of Minutes BY: / The City Council is requested to approve the following minutes: July 3, 1990 Regular Meeting COUNCil ACTION MOTION BY SECOND BY TO '--- /~ '-~ CITY OF ANDOVER REQUEST FOR COUNCIL ACfION July 17, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering ~~ FOR ITEM NO. 1. Public Hearing/90-1 Cedar Crest 3rd & Ceda Hills Riv r E BY: The city Council has scheduled a public hearing for 8:01 p.m. to consider the construction of streets in the Cedar Crest 3rd Addition/Cedar Hills River Estates area, Project 90-14. Attached are the following: Part I * Public Hearing Notice * Letter to residents. * List of property owners * Map showing area to be blacktopped * Petition from residents requesting improvement * Resolution ordering improvement Part II * Letter to residents * List of property owners * Map showing possible area to be blacktopped Note: Please bring the feasibility report from the July 3rd City Council Meeting with you for reference. MOTION BY . "- '.J TO COUNCIL ACTION SECOND BY .' \ U I. ~) ..~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER .COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 90-14 BLACKFOOT STREET BETWEEN 175TH AVENUE AND 177TH AVENUE, AND 176TH AVENUE WEST OF BLACKFOOT STREET. NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W. in the City of Andover, on July 17, 1990 at 8:01 P.M. to consider the making of the following improvement: Street Construction The property to be assessed, pursuant to Minnesota Statutes Section 429, for such improvement is within the following described area: Along Blackfoot Street between 175th Avenue and 177th Avenue, and 176th Avenue west of Blackfoot Street in the Cedar Hills River Estates/Cedar Crest Estates 3rd Addition located in south 1/2 of Section 5 and south l/~of Section 6, Township 32, Range 24, City of Andover, County of Anoka, Minnesota. The estimated cost of .such improvement is $67,460.00.Such persons as desire to be heard ~ith reference to the proposed improvement will be heard at this meeting. CITY OF ANDOVER ~h Victorla Volk - City Clerk Dated: -j-,?-90 '0 ,J , i~ ""J:" _"'_,~~.~.",_ .~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 July 3, 1990 Re: proposed Project 90-14 street Construction on Blackfoot Street between 175th Avenue and 177th Avenue, and 176th Avenue west of Blackfoot street. Dear Residents: A feasibility report has been prepared to determine the estimated cost to pave the streets in the area mentioned above. Discussion: We are proposing to construct with 2" of bituminous paving 24 feet wide, with a berm on each side for drainage, 6ver 4" of gravel base course (Class V). This width is about what is graded there now. Estimated Cost: The estimated cost is $5400 per lot. This cost can be assessed over a 10 year period at about 9% interest or the assessment can be paid in full within 30 days with no interest. Assessment Period/Cost: , The annual assessment payment over 10 years at 9% is $840.00 per year. ANDOVER mes E. Schrantz ublic Works Director/City Engineer JES:kmt 06 32 24 41 0001 Peter & Mary Kim1inger 17670 Blackfoot Andover, MN 55304 o '-'J 2 2 4 4 1 0 0 0 4 JOlrathan & June Arent 4091 176th Ave. NW Andover, MN 55304 06 32 24 41 0007 Daniel & Theresa Hogan 4022 176th Ave. Andover, MN 55304 06 32 24 44 0001 Judith Florman 17518 Blackfoot Andover, MN 55304 05 32 24 32 0004 Dan & Barbara Dorumsgaard 17621 Blackfoot NW Andover, MN 55304 05 32 24 32 0007 Ronald & Nancy Meyer 17501 Blackfoot St. Andover, MN 55304 "J 06 32 24 41 0002 Dennis ~ Judith Nelson 4015 176th Ave. Andover, MN 55304 06 32 24 41 0005 Robert & Marianne Theilen 4114176th Ave. Andover, MN 55304 16 32 24 42 0001 Palmer J& Rose Schmitt 2748 161st Ave. Andover, MN 55304 05 32 24 32 0002 Homer & patricia Nelson 17691 Blackfoot Andover, MN 55304 05 32 24 32 0005 Byron & Linda Bradley 17581 Blackfoot NW Andover, MN 55304 06 32 24 41 0003 Charles & J.A. Eckstein c/o Wm. & Glenda Schlueter 3701 NW 212th Lane l}l""I~l""\u~"" MN :;~JO.r- AI\D\<d.j /'r\N 5"5303 06 32 24 41 0006 Robert & M. Th~elen 4114 176th Ave Andover, MN 55304 06 32 24 32 0008 Willard & Doreen Maki 4639 175th Ave. Andover, MN 55304 05 32 ~4 32 0003 PJ Carlson & AM Hill 17661 Blackfoot Andover, MN 55304 05 32 24 32 0006 David & Janet Greer 17541 Blackfoot NW Andover, MN 55304 r r ~ L -, ,. I .J... . - t. . : "I <--:.. ' ~! . \ ..... , t ., I : ) III ~b' f(JIC \ \\. l.'C(/1"" . ..-:<=~ .Jrn Clry CITY of ANDOVER Date: s; I';).) )C1G ::;.. J I No. Gentlemen: We, the undersigned, owners of real property in the following described area: .())J PAVEl) '? ItvEo Po Rn 0,) . P0 1/'. rICH.': To C:Q\T( R /-I- A-f. ~ () ii (9 I I.'U ( \ 1 I~ \J . I / cost of said improvement be assessed against the authorized by Chapter 429, Laws of Minnesota. () F- RLJu'!(PuoT R T . }J Oft TH 05- n+E ,/ ! II .bL. J.1I) If .-1; 04 .~~ i7 G l..[, flutE i ') /~c:..;() /U /l.t Pifl.l:, area be improved by . --- -,., c - -. ." I \' ,_ 1.- rs LoU (I /..,L . /-I-iJ.. A- .tC 11( n~ r/) . Ji?~"(ep cvl /1 Clv.061. benefit:~ng '. /.LCe do hereby petition that said portion of said Construction of City @ (4-( r, Il) P~If:f) and that the property, as ADDRESS LEGAL DESCRIPTION NO . - -\ --.:. l X JI /"I - ./ ~ '.J- /'/,::>',;.)1 /;:;'c:.c.'z/vol-.J/. -x ><-- 'X .. i7{'-11 '0":"\-('~F"'1:" Sr l\Jev 7<;3- /3 'J.7 X " '.) This petition was Address: 0 () Ci / circulated by: 9~,--, ,\-tt"1,, -R (~/\i.:"'~ 17 (: /'Gh ~(>7 PROJECT 90-14 \ 0 Assessable Properties Proposed Front that have PIN Assessment Footage Petitioned (yes) (1 ) 6-31-24-41-0001 1 unit 342.18 (no) ( 2 ) 6-32-24-41-0002 1 unit 283.70 283.70 (yes) . (3) 6-32-24-41-0003 1 unit 301. 97 ? ( 4 ) 6-32-24-41-0004 1 unit 56.97 56.97 (yes) ( 5 ) 6-32-24-42-0001 ( 6 ) 6-32-24-41-0005 1 unit 112.3 112.3 (yes) (7) 6-32-24-41-0006 ( 8 ) 6-32-24-41-0007 1 unit 250.00 (no) (9 ) 6-32-24-32-0008 1 unit 200.00 200.00 (yes) (10 ) 5-32-24-32-0002 1 unit 315.00 (no) (11) 5-32-24-32-0003 1 unit 165.00 165.00 (yes) ( 12 ) 5-32-24-32-0004 1 unit 165.00 165.00 (yes) (13) 5-32-24-32-0005 1 unit 165.00 165.00 (yes) (14 ) 5-32-24-32-0006 1 unit 165.00 165.00 (yes) (15 ) 5-32-24-32-0007 1/2 unit 165.00 165.00 (yes) (16) 6-32-24-44-0001 ? 19.30 ? 12~1/2 units 1477.97 2706.42 = 54.6% 9 yes 3 no 2 unknown ') '- ' -' :J ~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREET CONSTRUCTION, PROJECT NO. 90-14 IN THE CEDAR HILL RIVER ESTATES/CEDAR CREST 3RD ADDITION (PART I) AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution the 3rd day of July hearIrigT and No. 086-90 of the City Council adopted on , 19~, fixed a date for a public required published and mailed notice, 17th day of July WHEREAS, pursuant to the such hearing was held on the 19~; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 90-14 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate BRA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilman the City Council at a Regular and adopted by day of 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 rAI?T I1 , \ V ~.>;>v.,.-'......., ". \ l \ .; . ~ )' \~ } '\..~ - / ~~...._....;/ ....-.-.:---- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304. (612) 755-5100 July 6, 1990 Re: Proposed Project 90-14 street Construction Dear Property Owner: The City has a petition for street improvement for Blackfoot street from 175th Avenue to 177th Avenue and has scheduled a public hearing for the improvement for July 17, 1990 at 8:01 P.M. Improvement of your street, 177th Avenue/Aztec street, wasn't included in the petition but we have determined the cost to do your section of the street. If you are interested in the City improving your street, please advise the City. If there is no interest indicated by you, the property owners, at the time of the public hearing Tuesday, July 17th at 8:01, that portion of the project will be deleted. The estimated cost is $5820 per unit. The cost may be assessed over 10 years at an annual estimated cost of $910. Please respond as being'in favor or not in favor of the street improvement. You can call me at 755-5100. F ANDOVER ~ - es E. Schrantz ublic works Director/City Engineer JES:kmt ,J 05-32-24-32-0011 ,~ 05-32-24-23-0007 05-32-24-23-0006 05-32-24-23-0005 ? /<12/ ;;; Woodland Development Corp., 830 West Main Lawrence B. & M.L. Carlson, same as above Lawrence B. Carlson, same as above Constance J. McCormick, 17806 Aztec 05-32-24-23-0004 Bruce W. & Rut C. Lindberg, 17822 Aztec 05-~ Da~.S~M~ren~ 05-32-24-24-0002 Lawrence B. Carlson, same as above 05-32-24-23-0009 ,) City of Andover Park (Timber Trails) I. I 1m I- i- I I IT) I illl I. I nl I il) I 111 ! ! lfl) ill I I WI:'l AI __1 I . i , \ fr11 .~ Ilj I ~- ?A?-r rr /78TH LA. TIMBeR PARK C'~ 5 0..,., ">' 5 176TH LA. 8 2 -i='/ t.- 7 <"-$) 7 frl .... TIM I N <t l<J 6 Q:6 ~ /75 I HAVE. EXISTING TR STFt:t;r 0::1 5 174TH LA. t3 2 3 Scala 1- : 400' CEDAR CREST ESTATES ADDITION CEDAR HILLS FNEREST A TES ::rd Aon, STREET IMPROVEMENTS FROJE CT'NO. S0-14 ANDOVER, MJNNESOT A .J[lj Sone.trco Roun. ~ And..,rllk;\ ~~.~ Ail*XI.:lta~ E~J""r. Q. Arc.tlltec:t. ..1, .....~. W/lIW""'. I II ;~:j. :io. 1 iI . J} ~. ._...--~._--- Dot. ;;'. "::/"8 /.:-::'~ -\! - 'J.J _ ~ "_l... II r-~r~-' -':"_ '11'" i: ) ~\""..., ;111 ._~_~~;._>. ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACfION July 17, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT n~~~..~~~...n Tl-om<, Engineering APPROVUSOR AGEt~A " BY: / (, ITEM NO.2. Award Bid/90-2/ 163rd. 164th. Jonauil ..($* BY: 'I'nnn.1 H~ ~!': 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 constructiop 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 $4675/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. Attached is the letter sent to property owners regarding the proposed assessment and the list of property owners that it affected. COUNCIL ACTION MOTION BY " '.J TO SECON D BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~) RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-2 FOR STREET CONSTRUCTION IN THE AREA OF 164TH AVENUE/163RD 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 direct 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 17th day of City Council at a Regular July , 19~, with Councilmen the resolution, and Councilmen voting in favor of voting against, whereupon said resolution was declared passed. CITY OF ANDOVER James E. Elling - Mayor ~ ATTEST: Victoria volk - City Clerk ,) ~) - i~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 July 5, 1990 Re: Proposed Project 90-2 Street Construction 164th Avenue, 163rd Lane, Jonquil Street area. Dear Residents: The results of the construction bid were received with the lowest bid at $60,995.50, which is 12% higher than estimated. The estimate from the feasibility report for construction was $54,475.00. The proposed assessment was $4290 per unit. The estimated assessment using the bid.is $4765 per unit; a difference of $475. The City Council will consider awarding the bid scheduled meeting on July 17, 1990 at 8:30 P.M. regarding the cost of the project is welcomed. at their next Your presence If you have any questions feel free to contact me or Todd Haas at 755-5100. S(J~relY , ~ :. Soh,ant. City Engineer JES:kmt 16 32 24 22 0011 James & Nancy Hartwell 3021 164th Ave. Andover, MN 55304 16 32 24 22 0014 : 'mis & Kathleen Hornsten ~..:05 164th Ave. Andover, MN 55304 16 32 24 22 0024 John & Dianna Theis 3124 164th Ave. Andover, MN 55304 16 32 24 22 0027 William & Linda Manske 3040 164th Ave. Andover, MN 55304 16 32 24 22 0030 Wallace & JA Kalbunde 3055 163rd Lane Andover, MN 55304 16 32 24 22 0031 Cherri Carney /Current. d 3100 163rd Lane Resl ent Andover, MN 55304 , '\ , ""./ 16 32 24 22 0012 Gerald & SB Erlandson 3031 164th Ave. Andover, MN 55304 16 32 24 22 0015 Leroy & Jacqueline Ternus 3125 164th Ave. . Andover, MN 55304 16 32 24 22 0025 Charles & Linda Horning 3106 164th Ave. Andover, MN 55304 16 32 24 22 0028 .Christine Gardner 3020 164th Ave. Andover, MN 55304 16 32 24 22 0032 Dennis & SJ Cleveland 3126 163rd Lane Andover, MN 55304 16 32 24 22 0013 James & Donna Butler 3061 164th Ave. Andover, MN 55304 16 32 24 22 0023 Michael & Susan Beal 3153 164th Ave. Andover, MN 55304 16 32 24 22 0026 Marvin Walter Meyer 3060 164th Ave Andover, MN 55304 16 32 24 22 0029 Junedell Boesen 3105 163rd Lane Andover, MN 55304 16 32 24 22 0033 Michael & PK Leonhardt 16340 Jonquil St. Andover, MN 55304 "r- ..- L ... CITY of ANDOVER . Da te: Dee:.. Z"Z, ,.1 S"'J No. Gentlemen: We, the undersigned, owners of real property in the following described area: I Coy+-" Av~~u..e. I'Go7t"d ~e I r"",ct'^\' 5+...eei- do hereby petition that said portion of said area be improved by Construction of City ~~r~~~ and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. i I , /,) ADDRESS LEGAL DESCRIPTION YES NO L....-- v ~ Y. ) . NuJ / 0/ /J W. v ;/ ./ ~ This petition was circulated by: Address: ,-r ,- CITY of ANDOVER . No. Date: b-eee't'Hbe"" Z'Z,lq~ :' Gentlemen: We, the undersigned, owners of real property in the following described area: do hereby petition that said portion of said area be improved by Construction of City and that the cost of said improvement be assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. / f( /) ~ /vI AId € 3::9 s ~ '(, -::> t iJ i-,.{/'. ~ :3 Ie?- if / t $' tt: f4-ve L-jJ ttJ ~ / '\ \.J This petition was circulated by: Address: YES }// v---- V V NO , ) '--./ , i CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 17 July 1990 DATE ORIGINATING DEPARTMENT FOR AGENDA SECTION NO. Discussion Items ~ lJ'\ \l~ ~ Planning/Zoning ITEM 3. 3200 South Coon NO. Creek Drive - Bro-Midwest BY: d' Arc Bosell The Planning & Zoning Commission at their regular meeting on June 26, 1990, considered the Special Use Permit request of Jim Broberg for Bro-Midwest Vending to place coin-operated vending machines at Woodland Creek Golf Course Clubhouse, 3200 South Coon Creek Drive. It should be noted that the machines are already in place and have been for some time. It is the recommendation of the Commission that the Special Use Permit be granted and I have attached a proposed Resolution for your consideration and adoption. The Resolution contains some conditions which the Commission felt should be met in the granting of this Special Use Permit. Also attached please find the agenda packet materials prepared for the Commission, as well the the minutes of that meeting. COUNCIL ACTION SECOND BY MOTION BY ~) TO .. "- . I '-J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -90 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF BRO- MIDWEST VENDING TO OPERATE COIN OPERATED VENDING MACHINES AT WOODLAND CREEK GOLF COURSE CLUB HOUSE, 3200 SOUTH COON CREEK DRIVE. WHEREAS, Jim Broberg on behalf of Bro-Midwest Vending has requested a Special Use Permit to operate coin operated vending machines at Woodland Creek Golf Course Clubhouse, 3200 South Coon Creek Drive; and WHEREAS, the Planning & Zoning Commission has reviewed the Special Use Permit request pursuant to Ordinance No.8, Section 5.03 and Section 8.22; and WHEREAS, a public hearing was held and public input was received; and WHEREAS, the Planning & Zoning Commission has determined that the request meets the criteria of the Ordinance as noted above; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the Special Use Permit Request as presented; 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 grant a Special Use Permit to Bro-Midwest Vending to operate coin operated vending machines on the property located at 3200 South Coon Creek Drive, with the following conditions: ' 1. That the vending machines be limited to the dispensing of cigarettes, soft drinks and snacks. 2. That the vending machines shall be located within the clubhouse building and not outside. 3. That the special use permit is subject to annual review by the City. 4. That a current Cigarette License be maintained at all times. Adopted by the City Council of the City of Andover this 17th day of July, 1990. CITY OF ANDOVER . ) '-- ATTEST: James E. Elllng, Mayor Victoria Volk, City Clerk , I '-..J .(J~~"';''?''''-''''''\ '., 6 ) ,... I ". . i./ ~. . -:-:::C~"/" CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING June 26, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Acting Chairperson Don Spotts on June 26, 1990, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Bill Coleman, Randal Peek, Wayne Vistad and Rebecca Pease Commissioners Absent: Ron Ferris and Bev Jovanovich Others Present: d'Arcy Bosell, City Zoning Administrator and Todd Haas, Assistant City Engineer REVIEW AND APPROVAL OF MINUTES In reviewing the minutes from the June 12, 1990 meeting, Peek noted that his name was misspelled in several places. MOTION by Vistad and seconded by Coleman to approve of the meeting held on June 12, 1990 as corrected. carried unanimously. the minutes Motion SPECIAL USE PERMIT, BRO-MIDWEST VENDING, COIN-OPERATED VENDING MACHINES, 3200 SOUTH COON CREEK DRIVE , This is a request from the Woodland Creek Golf Course for a cigarette vending machine to be located at the clubhouse of the golf course. There is also a pop machine and a candy machine on site at this time. Bosell reviewed the criteria as set forth in Ordinance No.8, Section 8.22 and Section 5.03 as it pertains to the operation of vending machines with a Special Use Permit. It is Staff's recommendation that the request meets the four criteria for approval. Mr. Jim Broberg of Bro-Midwest Vending was in attendance. He stated that the cigarette machine has a lock-out on it and will not be accessible to minors, and will be located in the clubhouse. This machine will be in accordance with the Minnesota law effective August 1, 1990 regarding accessibility by minors. Spotts suggested any motion should address all types of vending machines so that the applicant would not have to come back for a special use permit each time he changed types of machines. / '. ; ; \ ..../ Regular Planning & Zoning Meeting June 26, 1990 Page -2- PUBLIC HEARING Ric Wooten stated that Pepsi and Coke won't want their pop in the same machine, and at some point the applicant will probably have to add another pop macine. MOTION by Vistad and seconded by Coleman to close the Public Hearing. Motion carried unanimously. MOTION by Vistad and seconded by Coleman that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the Special Use Permit requested by Bro-Midwest Vending to operate coin-operated vending machines on the property located at 3200 South Coon Creek Drive, Woodland Creek Golf Course Clubhouse. The purpose of the vending machines is to dispense cigarettes, pop and snacks. A Public Hearing was held and there was no objection. This is covered by Ordinance No.8, Section 5.03. The proposed use will not be detrimental to the health, safety, morals and general welfare of the community. It will not cause serious traffic congestion nor 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. This is subject to annual review by the City. Motion carried unanimous~y. VARIANCE, DONALD WOOTEN, 13537 N.W. HEATHER STREET, SIDE~YARD SETBACK VARIANCE This request is to allow the applicant to encroach onto the side yard setback on the north side of his home for the purpose of constructing a four-season porch onto the east side of his home. 'I ) Bosell stated the records for this home built in 1973 are very scarce. An error was made in the placement of this home when it was built, and an additional eight feet of land on the north side of the property was deeded to the property owner to provide for some side yard. When the error was made, the northeast corner of the house encroached on the neighbor's lot approximately 1.7 feet, plus a dog kennel and fencing. The additional eight feet allowed the entire structure to be on one lot. I.. :) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA ITEM DATE ORIGINATING DEPARTMENT 26 June 1990 APPROVED FOR AGENDA 3. 3200 South Coon Creek Dr ~\ Bro-Midwest Vending SUP Planning/Zoning 5kY . Request: Cigarette Machine \ 11 I' BY: d' Arcy Bosell fJ'-. v BY: The Planning & Zoning Commission is requested to consider the Special Use Permit request of Bro-Midwest Vending (Jim Broberg) to operate a coin operated vending machine on the property located at 3200 South Coon Creek Drive (Woodland Creek Golf Course Clubhouse). The purpose of the vending machine is to dispense cigarettes. An application for a cigarette license has been made by Mr. Broberg. The vending machine is already in place and has been for some time. The applicant was dilatory in getting all of the materials to the City for consideration of the Special Use Permit request. ,) Ordinance No.8 at Section 8.22 deals with Coin Operated Machines and provides that "Coin operated, automatic machines dispensing food, soft drinks, and other food and materials shall be governed as follows: (A) These shall not be permitted in residential districts except as approved by the Special Use Permit as an accessory use within buildings housing the principal use and if residential, it shall contain four (4) or more families. (B) These shall be permitted in Residential Districts by Special Use Permit only...." The vending machine is located in the pro-shop of the golf course and has been there since it was delivered. Section 5.03 (B) of Ordinance No.8 provides the criteria for granting special use permits. They are as follows: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. The request before you will not have an effect on the occupants of the surrounding lands unless they use the machine, in which case cigarette use has inherent health impacts. The City Council had considered the restriction of vending machines for cigarettes within the City but no action was taken. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and land. '\ ,~~ The request before you will not have such an impact. 3. The effect on values of property and scenic views in the surrounding area. /)S, Bl/ ~;:; WV ):., 0.' Ra;tdv, ~ cS ~ r- ( ~~ r I'-.-t? ~ .-J . ~ ( r- /2-- -o;?- !jjJ.' ;C1C; / {l tJ.//~ d (-<{ -0 .;J ~ ~c1Zt-r~ 6 ' , , ~~.~ &- Y o/--r J ~ ~ ./ d?Joz) JC!(!~r- (~__J--// ~)" / f ~.~? ) /~ ~Ly^j I ./.l---zn". ;, .u. t ~ _./A: ~ 5, ~/ '- ~ In/.~ ~ 8, h Sod" /t fJ/ ----7 ~ .~ 1J1Sj ,J- J ~O r '- /Z[ ~ ~ ~V6;h; ~ ~ ~~. ~ v?-<-{ , /- " t/ ~ ~ ~~ &.-., / JU-/".ft /? ~ 8, /> c':J. d-:i, /? ) / ~ /> 6(' Y, /~: / /') ~ ~ //J(-. e>7)( ,) Page Two: In Re: 3200 South Coon Creek Drive Bro-Midwest Vending SUP Request 26 June 1990 The request before you will not have such an effect as the machine is located within a building and would not impact the scenic view of the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. The request before you has no impact on the spirit and intent of the Comprehensive Plan. A public hearing notice was mailed to affected property owners within 350' of the property on June 7, 1990. To date, the City has received no response from that notice. Based on the above information and criteria, the Planning & zoning Commission may make the following recommendation: 1. Approve the Special Use Permit request as presented based on the Ordinance and the criteria therein. Make certain you include the portions of the Ordinance that apply. ,J 2. Deny the Special Use Permit request as presented based on the Ordinance and criteria therein. The motion should include the reasons why the request is recommended for denial. 3. Table the matter pending additional information which is necessary to make a decision. It is the recommendation of staff that Option No. 1 be taken by the Commission and that recommendation would be forwarded on to the City Council for action at their meeting on July 17, 1990. , ~) @ CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER. MINNESOTA 55304 SUP it ,J SPECIAL USE PERMIT REQUEST FORM Property Address~3J.Oo ~ ~ f1~~J0 Legal Description of property: (Fill in whichever is appropriate) Lot Block Addition Plat Parcel PIN (If metes and bounds, attach the complete legal) ~~q~,. ~#) Section of Ordinance Current Zoning Signature Business Phone 8g-j.,- 6c.33 7 Date 7'--d-J~ ~o ~) Name of Address ********************************************~************ property Owner (Fee Owner) lAJk~ Cu.~(M ~ (If different from above)' Address J.;{ 00 .~ Home Phone ~ f~c ~ Business Phone c3,j3 - OS 17 75.1 -;).07/3 Date If -;)-7 -70 Signature ********************************************************************** Attach a scaled drawing of the property and structures affected showing: scale and north arrow~ dimensions of the property and structures~ front, side and rear yard building setbacks~ adjacent streets~ and location and use of existing structures within 100 feet. \ ,-) The names and addresses of all property owners within 350 feet of subject property must also be provided. Application the Filing Fee: Date Paid S-r;n-C/c Receipt # ~-jl9.s;- '\ '-~ ,.' 'tJ~^'>'~" ": \ .l.. ! . . .' . , ':- .,r ~;.':7>;/ CITY of ANDOVER APPLICATION FOR CIGARETTE LICENSE To: City Council, City of Andover, County of Anoka, Minnesota ~~ ~-~-. \ I, ~ (~( ) doing business in the ,5%ty 0 An over, M~nilso\:.a, do here makE! application for a license to sell cigarettes, cigarette papers and cigarette wrappers pursuant to ordinance adopted by the City Council of the City of Andover; and hereby agree to abide by all provisions set forth in such ordinance(s) which I have read and become familiar with their contents. For the past ;i ~ years, my residence has been as follows: tjJ if 7 p~ ~ /l/~ ,) I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of the ordinance(s) providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. ~~~~ t:?' (App ica 's Slgn ure) \ '-_) Fee: $12.00 Da te Paid: 6--7-90 Receipt Number: _~ <;I,;/'7S- \ ,--..J ,J ; " / ~c>,._;"'"'"".c ...". .. ,.. l '\ 1 ' . J \. f ~, ./ ~.<~y CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Thursday, June 26, 1990 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Bro-Midwest Vending to allow the operation of a coin operated vending machine on the following described property: Outlot A, Woodland Creek Second Addition (approximate address: 3200 South Coon Creek Drive) Written and verbal comments will be received at that time and location. ~u Victoria volk, City Clerk ':,J DATE .Tulv 17 1990 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Discussion items ORIGINATING DEPARTMENT Administration ITEM Approve Cigarette NO.4. License/Broberg BY: V. Volk APPROVED FOR AGENP,~n X ~ BY# Upon approval of the Special Use Permit requested by Jim Broberg of Bro-Midwest Vending to install vending machines at the club house at Woodland Creek Golf Course (Item 3 of this agenda), Council is requested to approve a cigarette license for same. Attached is Mr. Broberg's application. He has paid the license fee for 1990. COUNCIL ACTION , .... MOTION BY TO SECOND BY '-'" o ~ CITY of ANDOVER APPLICATION FOR CIGARETTE LICENSE To: City Council, City of Andover, County of Anoka, Minnesota r'J'~ ~-~ ) I, ~ ~ ~ doing business in the ,!:Xty of An over, Mln so , do here make application for a license to sell cigarettes, cigarette papers and cigarette wrappers pursuant to ordinance adopted by the City Council of the City of Andover; and hereby agree to abide by all provisions set forth in such ordinance(s) which I have read and become familiar with their contents. For the past ;i ~ years, my residence has been as follows: tf J 1/ 7 j)J~ {LuJu J1./~ I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of the ordinance(s) providing for the granting of this license. I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. ~~~~ t:/" (App ica ' s Slgn ure) o Fee: $12.00 Date Paid: 6--7-';10 Receipt Number: :.:. <jI5/7'S~ CITY OF ANDOVER .--J REQUEST FOR COUNCIL ACfION DATE 17 July 1990 Discussion Items Planning/Zoning rJlf1\ '':1-/ lJ d I Arcv Bosell () APPR~,~ED FOR AGEN,... )~ Bv.;/f..l ~ V AGENDA .SECTION NO. ORIGINATING DEPARTMENT ITEM 5. 13537 NW Heather NO. Street - Wooten Variance BV: The Planning & zoning Commission at their regular meeting on June 26, 1990, considered the Variance request ~f Donald R. Wooten, 13537 NW Heather street, to allow him to expand his existing 4- season porch. This expansion would place the structure within 6'4" of the side lot line. There is a lot of history in regard to this request and I direct your attention to the Planning Commission packet materials attached hereto including drawings which depict this request. The Planning & zoning Commission continued the matter to their meeting on July 10, 1990, to allow Staff an opportunity to speak to the Building Official in regard to his interpretation of the encroachment and what is currently done when a similar request comes in for new construction. That inquiry and respon~e is also attached for your consideration. On a vote of 4-yes and 3-no, the recommendation of the Commission is to grant the variance request as presented. The minutes for this meeting are not yet available for your review. I did take copious notes, however, and attach hereto a summary of the discussion, motion and subsequent statements as to why Commissioners voted as they did. I am hopeful this will assist you further in your deriberation. Also attached is a proposed Resolution for your consideration and adoption. COUNCIL ACTION MOTION BY ~J TO SECOND BY \.) ATTACHMENT A Donald R. Wooten 13537 NW Heather street Variance Request 17 July 1990 33-32-24-32-0015 (.65 acres) Don Wooten and Sharon Wooten I The legal reads as follows: I: I I I I That part of Government Lot 2, Section 33-32-24, Anoka County, MN, described as follows: Commencing at the northeast corner of said Government Lot 2, thence west (assumed bearing) along the north line of said Government Lot 2 a distance of 100'; thence south 0 deg 52 min 30 sec west a distance of 51'; thence southwesterly on a tangential curve to the right with a radius of 233.86' a distance of 155.10'; thence south 38 deg 52 min 30 sec west a distance of 557.63'; thence southwesterly on a curve to the left having a radius of 785.51' and a central angle of 21 deg 58 min 30 sec a distance of 301.27' to the point of beginning of land to be desdribed: thence continuing southwesterly on the same descending curve to the left having a radius of 785.51' with a central angle of 7 deg 17 min 38 sec for a distance of 100'; thence south 80 deg 23 min 54 sec east a distance of 265' more or less to the westerly shore line of Crooked Lake, thence northerly along said westerly shoreline to its intersection with a line produced southeasterly from the point of beginning on a bearing of south 73 deg 03 min59 sec east; thence north 73 deg 03 min 59 sec west a distance of 230' more or less to the point of beginning. 33-32-24-32-0059 (.5 acres) Don Wooten and Sharon Wooten :_~ The legal description is as follows: That part of Government' Lot 2 described as follows: The southerly 8' (as measured by a line parallel with and 8' northerly of the southerly line of the following described tract: commencing at the northeast corner of said government Lot; thence west (assumed bearing) along the north line of said lot 100'; thence south 0 deg 52 min 30 sec west 51'; thence southwesterly on a tengential curve to the right with a radius of 233.86' 155.10'; thence south 38 deg 52 min 30 sec west 557.63'; thence southwesterly on a curve to the left having a radius of 785.51' and a central angle of 14 deg 18 min 58 sec 196.27' to the point of beginning of land to be dewscribed; thence continuing southwesterly on a curve to the left having a radius of 785.51' and a central angle of 7 deg 39 min 59 sec east 230' TOR, to the westerly shoreline of Crooked Lake; thence northerly along said westerly shoreline to its intersection with a line running southerly from the point of beginning on a bearing of south 65 deg 20 min 52 sec east; thence north 65 deg 20 min 52 sec west 180' TOR, to the point of beginning, subject to easements of record. \ ) "-.J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -90 A RESOLUTION GRANTING THE VARIANCE REQUEST OF DONALD R. WOOTEN, 13537 NW HEATHER STREET (PIN 33-32-24-32-0015 AND 33-32-24-32- 0059) TO EXPAND AN EXISTING COVERED PORCH INTO THE SIDE YARD SETBACK. WHEREAS, Donald R. Wooten has requested a Variance from Ordinance No.8, Section 6.02 to expand his existing covered porch into the side yard setback and in so doing is 6'4" from the side yard lot line (north); and WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, as a part of that consideration was written testimony from the property owner to the north (Dean Keller) in which he states that he has no objection to this request; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the variance request as presented; 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 an encroachment into the side yard setback, with the following condition: 1. That said variance shall be subject to a one (1) year sunset clause and if the construction is not substantially complete within one (1) year, the request shall become null and void. Adopted by the City Council of the City of Andover this 17th day of July, 1990. CITY OF ANDOVER ATTEST: James E. Elling, Mayor Vlctoria Volk, City Clerk :.J ., v I. I I I , 10 July 1990 In Re: 13537 NW Heather Street Planning Commission Action MOTION (FERRIS/COLEMAN): The Andover Planning & Zoning Commission recommends to the City Council approval of the variance request of Donald R. Wooten at 13537 NW Heather Street for the expansion of an existing 4-season covered deck. This variance would allow the structure to be within 6'4" of the side lot line. In reviewing Ordinance No.8, Section 5.04, it is felt that a hardship does exist because of the characteristics of the land (shape and-topography). In this case the property line is diagonal or slanted toward the house thus expansion of the house in an eastern direction (to the rear) causes the house to encroach into the property line. The variance would be from Section 6.02 of Ordinance No.8, Side Yard Setback (Interior Lot Line) which is 10'. The variance request is subject to a one- year sunset clause. Vote: Yes - Coleman, Ferris, Jonak, Pease; No - Jovanovich, Peek, Vistad. Chairman Pease stated that because of the shape of the land and the previous action regarding the transfer of the land, she supported the variance request. Member Vistad stated that he believes the granting of this variance will set a precedence. Based on the agenda materials dated July 10, 1990 and in his discussioris with the Building Official, it should be noted that there have been numerous requests to build habitable living space behind the garage and in each instance those plans have. had to be modified to meet the 10' setback. Ordinance No.'8, Section 5.04 states that the hardship or difficulty must have to do with the characteristics of the land and not the property owner. Economic consideration shall not constitute hardship if reasonable use of the property exists under the Ordinance. " ,J Member Ferris stated that he strongly feels that Ordinance No.8, Section 5.04 is, in fact, totally applicable because it specifically mentions the characteristics of the land (shape or topography) and further, that such variances have been granted in the past and this action is not precedent setting. P & Z Discussion prior to the motion: Ferris asked if two variances are needed to cause the existing structure to fall under the Ordinance. He felt that they were not but that reference should be made to the encroachment created in 1973 when the structure was originally built. What is a hardship? The shape of the land ... the lot lines are angled and normally an addtion to your structure to the rear of ,,) your home does not cause an encroachment, unless your lot lines are angled toward the rear of your house. Vistad felt that then anyone with lot lines that are not parallel can use the same argument. Peek questioned further why there was a hardship? Ferris responded "because of the layout (angle) of the lot lines. Vistad made reference to a variance request made on 142nd Lane and that that property owner was required to remove his deck. In checking that file it was learned that (1) the deck was built without a building permit and (2) the deck was directly over a drainage easement. Ferris felt those circumstances were totally different, especially since there was no permit pulled ahead of the construction. Coleman felt that circumstances unique to the property goes beyond topography and can include such instances as is before us. Vistad asked what was reasonable use in regard to encroaching into setbacks? 10',20', 30', 40'? Mr. Wooten reminded the Commission that he is here before the fact, not after ... dl&U; ~ , '\ \.J .:] CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA ITEM 3. 13537 NW Heather Street Vaziance Request - Side Yari Setback continued DATE ORIGINATING DEPARTMENT 10 July 1990 APPROVED FOR AGENDA Planning/Zoning \~ ~J BY: BY: d'Arcy Bosell The Planning & Zoning Commission at their last meeting on June 26, 1990, continued the discussion of the side yard setback variance request of Donald R. Wooten so that they might receive from Dave Almgren, the Building Official, a response to the question as to why a variance was required. I posed to Mr. Almgren that question and others and have received his response. At the time the house was constructed in 1973 there should have been a variance granted for the encroachment into the side yard for the garage and dog kennel. A cursory review of the City files does not reveal that any such action was taken to grant this encroachment a Variance. The files also do not reflect any action on behalf of the City when the 8' strip of land was conveyed. It is Mr. Almgren's interpretation that this request requires a Variance because the type of structure is residential and not a garage (Type R-3 -v- Type M). It should also be noted that there have been. numerous requests on behalf of builders to build livable space behind the garage and continue the 6' setback as allowed by Ordinance No.8, Section 6.02. In each instance, however, the building pfans have had to be modified so that the livable space meets the 10' setback requirement. It is his opinion that the request before the Commission is the same and in order to construct the 4-season porch as requested, a Variance must be granted from the 10' side yard setback. Dave also conveyed to me that he did not have a problem with the request as long as the process was completed. If the Commission approves the Variance as requested, it should also note that a Variance should be granted as it pertains to the existing encroachment so that all the paper work is in order. It is my intent to place this matter on the City Council Agenda for July 17, 1990, for action, as was discussed at the last meeting. " It should also be noted that Mr. Almgren and I discussed whether this was a lawfully existing non-conforming use or an encroachment into the side yard setback, and our conclusion was that it was an encroachment and as such, requires a Variance as provided in the Ordinance. , --./ o Page Two In Re: 13537 NW Heather Street Variance Request 10 July 1990 Attached please find copies of my memorandum to Mr. Almgren, his handwritten notes, and a summary of our conversation. It is hopeful that this will assist you in making a decision in regard to this variance request. ''\ 'J ~ MEMORANDUM To File: 13537 NW Heather Street From: d'Arcy Bosell, Zoning Administrator Date: 27 June 1990 In response to my inquiry of today, Dave Almgren advised that the garage is a Type M occupancy and can be within 6' of the side yard pursuant to Ordinance No.8 if it is wider then 20'. The house is a Type R-3 occupancy and must meet the 10' side yard setback as required by the Ordinance. The difference is the type of occupancy. The City has received many plans which have been designed with habitable living space behind the garage but in all instances they have been required to meet the 10' setback requirement. I was wrong Dave also mentioned the existing structure and that a Variance should have been required for the encroachment when it was discovered between 1973 when the house was built and 1975 when the 8' strip was conveyed. In any event, it is an encroachment into the side yard setback and needs a Variance. As soon as that process is complete, he will approve plans when they are submitted. He did not appear to have a problem with the request ... L:>tu-e. ----. I.J iIld ~Ln tldr!tL/Zlt:.. ..t..- z JtrJt~'tUj t/J'J . /t./!t:?6tn {)~ t/'d./ d/~7 (fJ/i~GKC2 ~-) ) '--.../ \ I ,~ )~~. :-/ - /??- 6::V-agG /2- //i;2~' I~~'''''.~'~'^-' ( \ ! \"... ..' . ~"~~!..;;_.;.,,,.;p CITY of ANDOVER MEMORANDUM To: Dave Almgren, Building Official .\j~\ \ \ &-' From: d'Arcy Bosell, zoning Administrator In Re: Ordinance No., 8, Section 6.02 Sideyard Setback - R-4 District - Garage/carport 27 June 1990 Date: As a part of the discussion on an item before the Planning & Zoning Commission last night, the question was raised in regard to the amendment to Ordinance No.8 (8NN)which allows a garage which is greater than 20' in width to be placed to within 6' of the interior side yard lot line or to save trees. If the design of the house is such that the garage is pulled forward and directly behind the garage is living space such as a family room, bedroom, office (habitable living space) does that part of the structure which is living space have to meet the 10' setback or can it also be placed at the 6' line (the sight line is solid)? /0" Also, what about a deck or covered porch which is directly behind the garage? Does it need to be setback 6' or 10'? .=-- Also, on an existing structure in a R-4 district in which the side yard setback was encroached upon because of an error in the placement of the structure at the time the structure was built, does any addition thereto (following the same sight lines) need to meet the 10' setback or the 6' setback? Currently the garage is right at the 10' setback line but to the rear of the garage (and constructed as a part of the original structure) is a covered porch and the eastern-most edge of the covered porch is 7'2" from the side yard setback line. TO complicate matters further, the lot lines do not run parallel but decrease as they go from front to back which causes the encroachment in the second place (error is placement was first cause) . Another question, if this were new construction with the design noted above, how would this structure be allowed to be placed on the lot? I need a response as soon as possible so I can communicate your interpretation to the commission and the applicant. On the Donald R. Wooten Variance request on Heather Street, you apparently reviewed the plans and directed him to get a variance. Is the variance from the 10' setback line that was previously . required? ~J Regular Planning & Zoning Meeting June 26, 1990 Page -2- PUBLIC HEARING (" Ric Wooten stated that Pepsi and Coke won't want their pop in the same machine, and at some point the applicant will probably have to add another pop macine. MOTION by Vis tad and seconded by Coleman to close the Public Hearing. Motion carried unanimously. MOTION by.Vistad and seconded by Coleman that the Andover Planning and Zoning Commission recommend to the Andover City Council approval of the .Special Use Permit requested by Bro-Midwest Vending to operate coin-operated vending machines on the property located at 3200 South Coon Creek Drive, Woodland Creek Golf Course Clubhouse. The purpose of the vending machines is to dispense cigarettes, pop and snacks. A Public Hearing was held and there was no objection. This is covered by Ordinance No.8, Section 5.03. The proposed use will not be detrimental to the health, safety, morals and general welfare of the community. It will not cause serious traffic congestion nor 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. This is subject to annual review by the City. Motion carried unanimously. VARIANCE, DONALD WOOTEN, 13537 N.W. HEATHER STREET, SIDE~YARD SETBACK VARIANCE This request is to allow the applicant to encroach onto the side yard setback on the north side of his home for the purpose of constructing a four-season porch onto the east side of his home. ,J Bosell stated the records for this home built in 1973 are very scarce. An error was made in the placement of this home when it was built, and an additional eight feet of land on the north side of the property was deeded to the property owner to provide for some side yard. When the error was made; the northeast corner of the house encroached on the neighbor's lot approximately 1.7 feet, plus a dog kennel and fencing. The additional eight feet allowed the entire structure to be on one lot. ~ .- :J Regular Planning & Zoning Meeting June 26, 1990 Page -3- Bosell reviewed sketches of the house and lot and proposed addition. The addition follows the lines of the house, but because the lot narrows from front to back, it would create the encroachment of being approxiamtely 6'4" of the side yard boundary. Mr. Wooten stated that the existing covered deck is situated directly behind the garage and is located approximately 7'2" from the lot line. The proposed porch would be extended directly out from the deck. following the existing roofline. Mr. Dean Keller, the owner of the adjoining property (13547 N.E. Heather Street) has submitted a letter stating he has no oposition to this porch, and was in attendance at the meeting. Spotts noted that the house was still in violation of the ten foot setback after the additional land was deeded over to the property at the time it was built. Mr. Wooten is not the original owner of the home, and did not know the house was built in violation of the ten foot setback until he made plans to add this porch. Staff and Commission discussed at length if this followed under the criteria of undue hardship because of circumstances unique to the individual property under consideration. The Commission requested that Bosell obtain information from Building Inspector Dave Olmgren regarding living space on new construction that is puilt behind the garage, and why specifically he referred this for a variance or if it would fall under the interpretation of the 3'6" setback requirement because of its location behind the house. MOTION by Coleman and seconded by Peek to table this item until the July 10, 1990 meeting of the Planning and Zoning Commission. Motion carried unanimously. It was requested that Staff put this on the City Council Agenda for the meeting on July 17, 1990. ORDINANCE 8, SECTION 8.08, PARKING LOT STANDARDS, CONTINUED DISCUSSION This is a continuation of the discussion on this item. This is scheduled for a Public Hearing on July 24, 1990. ~J (J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA ITEM 4. 13537 NW Heather Street Donald R. Wooten Variance Request - Side Yard Setback DATE ORIGINATING DEPARTMENT 26 June 1990 APPROVED FOR AGENDA Planning/Zoning \~\J\ ~J BY: BY: d'Arcy Bosell The Planning & Zoning Commission is requested to consider the variance request of Donald R. Wooten at 13537 NW Heather Street to allow him to encroach onto the side yard setback on the north side of his home for the purpose of constructing a four-season porch onto the east side of his home. At the time the house was constructed in 1973, an error was made in the placement of this home and subsequent thereto, an additional eight (8') feet of land on the north side of the property was deeded to the property owner to provide for some side yard. When the error was made, the northeast corner of the house encroached on the neighbor's lot approximately 1.7 feet plus a dog kennel and fencing. The additional eight (8') feet allowed the entire structure to be on one lot. This property was subdivided prior to the adoption of Ordinance No.8 and No. 10. Further, builders were not required to provide to the City a survey of the lot showing the exact location of the structure on the lot. A review of the lots adjacent to this property reveals that the lots are wider at the front setback line than they are at the lake (rear yard) and this narrowing of the lot creates an additional hardship. Mr. Wooten does not wish to increase the amount of encroachment per se as his proposed addition will follow the structure lines already established when the house was built. As you can see from the attached drawing prepared by Mr. Wooten, his existing deck which is on the rear of the garage (east side) is set back 7'2" from the side yard of the lot to the north. He is proposing to add 7'3" of additional area and enclose that entire area as a part of his four-season porch. The maximum encroachment into the side yard would be 6'4". At the time this property was developed it is assumed that the side yard setback was ten (10') feet but that cannot be researched accurately. ,) Ordinance No.8 at Section 5.04 provides the following rationale when considering a variance: "Where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of this Ordinance, an appeal may be made and a variance granted. The hardships or difficulties must have to do with the characteristics of the of the land and not the property owner." ~) Page. Two In Re: 13537 NW Heather Street Donald R. Wooten Variance Request 26 June 1990 It is Mr. Wooten's appeal that because his lot narrows from front to rear that this variance be granted. It is also his appeal that to be required to narrow the width of the addition to meet the setback requirements will create an aesthetic hardship in that the visual appeal of the addition will be diminished because the lines will not flow as you view the house from the rear and side. At 5.04 (D) it further provides that "The city Council may grant the variance request if it will be in keeping with the spirit and intent of this Ordinance and if it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance." The property is zoned R-4 and in Section 6.02 of Ordinance No.8 it provides for the setback of a residential garage or carport (over 20' wide) to be located 6' from an interior lot line or trees. The addition proposed is an extension of that garage and at its closest point to the side yard, it measures 6'4" from the interior lot line. This would appear to be "in keeping with the spirit and intent of this Ordinance ..." Section 4.03 of Ordinance No.8 deals with Non-Conforming Uses and Structures. Subsection (A) provides that "Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and manner of operation existing upon existing upon such date as hereinafter specified." This structure was not constructed prior to the effective date of the Ordinance. Instead, the mistake was discovered after the home was constructed in 1973 and the transfer of land resulted to partially correct the error. I have also attached a drawing showing the location of the house to the north (Keller home) so that you can see what the side yard setback is for that home and the separation thereof. It appears from that drawing that a sixteen (16') foot separation will exist between the structures at their closest point to each other. Also in your packet is a letter from Mr. Dean Keller at 13547 NE Heather Street in which he states that he has no objections to the construction as presented. The Planning & Zoning Commission can consider taking action in the following manner: ~J , ,~ Page Three In Re: 13537 NW Heather Street Donald R. Wooten Variance Request 26 June 1990 1. Approve the variance request as presented citing the provisions of the Ordinance which allow for said variance and the reasons therefor. The applicant has stated the rationale for his request in the letter attached to this application. 2. Deny the variance request as presented citing the provisions of the Ordinance which prevent the granting of the variance and the reasons therefor~ 3. Table the request pending additional information which the Commission feels is necessary to better consider the request. Additionally, if there is a recommendation for approval, the issue of the sunset clause should be included in the motion to make certain the applicant is aware of the provisions of the Ordinance as set out in Section 5.04 (G). It is the recommendation of staff that Option No. 1 be adopted by the Planning & Zoning Commission and that recommendation be forwarded on to the City Council for action at their meeting on July 17, 1990, ~J , '\ .,J ''1 '- / l -' i , __.J_ i -. r I I I , I ~j~ N,W eL, '''"',0 i=-L'r!)~_~ - --::-~.~~ ~ G . r- -/ I . '-I.'-ct' ...i.j~~L.;.,7" . -L.- . I I ... .. ...,,' ~.---"'- . " .......-:'" /_./'.'. /. ~ ~ -' ..--/.. . \--f>.~~ . --;.::< .. . 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" /4(1 /44 ~~ - "7~'S o -...,q,,,. ,oM ...".(1.1'.414'. .~ .'N ;:::- ~ / .V ~~ ~ "'. '- i;' ....:'4"-...{. k~ '. '- , -:::-. ~ ~ ~ .~ LAKE " \. : _/ J> c: ." 0 ~ . " ~. :i . ~ ; ~~ ;;: ~. '<:. I ~~ r: J~: (f) ~ ~ ~'-~ ~ - "'J> ~c: '''' . ......:... ., CITY of ANDOVER :',,' 1685 CROSSTOWN BOULEVARD N.W. _.ANDOVER, MINNESOTA 55304 - (612) 755-5100 VARIANCE REQUEST FORK ,. ~j Property Address tegal Description of property: (Fill in whichever is apporpriate): 13537 Heather St. NW, Andover, Mn. 55304 / ~ ";-",,'" Lot 2 Block Addition 33 32 24 32 0015 PIN 11 17 74 17 oo,! attach the complete lega ) Plat (If metes . pal;cel : and boun~s, , ******************************************************************~** Description of Request Variance Specific Hardship See attached Section of Ordinance 6.02 Current zoning ********************************************************************* Name of Applicant Donald R. Wooten Address 13537 Heather N W Home phone 633-9101 Signature Date 6/5/90 ********************************************************************* Property Owner (Fee Owner) Same (If different from above) Address Home Phone Business phone . signature Date -------- --....- --.--.. ~J .7Jo.fL ftud: {;-c)b-CfO ,/1 - I /Li.cLWC Q' M/::.~'i f (J June 5, 1990 .J City of Andover Planning Commission City Council This request for variance is in accordance with City of Andover Ordinance 8. I am requesting this variance in order to construct an addition to the rear of my home at 13537 Heather St. NW. The proposed addition will consist of a four season porch with a storage facility beneath. (at ground level) In order to comply with the 10 foot set back rule, the design would have to be drastically altered, not only adding tremendous extra costs, but also ruining the design lines of the entire structure. The addition, as proposed, will not approach any other structure closer than presently exists. The reason for the variance stems from an error made by the builder of my home, further complicated by the fact that the lot lines do not run parallel to the structures. As you can see from the attached drawings, the home was originally built encroaching on the original north boundry line. A settlement was reached between the builder and the property owner to the north, Mr. Dean Keller, whereby Mr. Keller deeded to the then property owner, Mr. Don Smith, a portion of his property to correct the builders mistake. I have discussed this addition with Mr. Keller and have obtained his approval. As you can see in the drawings, my proposed addition meets all other legal requirements, (distance from lakeshore, building codes, etc.) and will be built to uphold the aesthetics of the surrounding neighborhood. ~~~con"~ecation'. Donald R. 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V , /)/';;;50-, <0/ S<", -""/ --.---. ___"';YV~;"":='':) .., -, ,.;tl,~ f ","j 0.....-.c,,'d:- ,.;r--;. _-_. ~-=CD :"'0 -.. ~-. . :-:":::::._ Q.8t;'~,..,...,\::-_ /.z....' .~..:..:(..~'tu".:J..,>~ :-... ~ --. " ~ ~ )~-, I.~~_ '. - '"-__ _'l I ~__f .. _--<,,( '3 0-<fo / .~.. OJ?" -- /'~."~'- ~-'9"- .;> /-'t{/ C- /"c,' <'7 ::r~ _ ..J 0 ,<. ~ 0/ -.. 8e. - 5' ~-ol ---- "," . 1-0 .... \ ~tp. o r- I , ^{~l (E",) PC/~ ~-... \ ., --__._.A;~I ... '):;J"- __h_ ...... ______ 3 (. _ 0 (., I fI-.' 7.' --'--. ... -- "'"' .;! 7" - 3. ) . <~ ~, ~ .9-';---.2--:~' .=-~,. ~..-_,-:.___=. .~ 0 ~ - - i -_.-..--~-.. L.- ~J , " '--./ CITY OF ANDOVER REQUEST FOR COUNCIL ACflON 17 July 1990 AGENDA SECTION NO. Discussion Items ITEM 6. Ordinance No.8, NO. Section 7.03 Amendment Adult Use Busin DATE ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning/Zoning v1 BY: d I Arcy Bosell i}b'~ The Planning & Zoning Commission at the direction of the City Council considered an amendment to Ordinance No.8, Section 7.03 to require any Adult Use Business to be located in certain districts and only upon issuance of a Special Use Permit. This matter was considered at their regular meeting on July 10, 1990. It is the recommendation of the Commission that the attached draft amendment be adopted. Attached please find the agenda materials provided to the Commission. Also find attached a summary of their discussion and motion recommending adoption. The minutes of the meeting are not yet available and it is hopeful that this summary will accurately reflect the Commission's discussion. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 8NNN AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ANDOVER, MINNESOTA. The City of Andover does ordain as follows: SECTION 7. USES. 7.03 Special Uses Special use permits for uses not listed herein shall not be granted except where the City Council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by special use permit and in accordance with the criteria as stated in Section 5.03(B): RESIDENTIAL DISTRICTS. Barber Shop (8H, 7-1-80; 8M, 9-01-81; 8P, 5-4-82) Beauty Shops (8H, 7-1-80; 8M, 9-01-81; 8P, 5-4-82) Cemeteries Christmas Tree Sales Churches Clubs and Lodges Colleges and Similar Institutions Commerci~l greenhouse Craft and antique businesses in R-4 districts in buildings designated as historical sites by a county, state, or nationally recognized historical organization (8EE, 6- .17-86; 8GG, 8-5-86) Day Nurseries (thirteen [13] or more children) (8CC, 2-04-86) Dog Kennels in R-1 District only Excavations except when a building permit has been issued Golf Course ~J Highway Construction Materials (processing and storage) ') '-" Home Occupations, on a parcel of land three (3 a.) acres or larger, utilizing an accessory structure and/or exterior storage. (8MMM, 5-15-90) Marinas Public utility uses or structures except when located on a public right-of-way Rest homes (8M, 9-01-81) Riding Stables storage buildings for boats, snowmobiles, or similar vehicles in R-5 only Two-Family Home Conversions (R-4 Districts only) (8RR, 7-21- 87) I I Two-Family homes in R-4 and R-5 Districts only when lot locations are established and approved on original plat (8M, 9-1-81) MULTIPLE DISTRICTS All uses permitted by special use in Residential Districts except dog kennels. RECREATIONAL DISTRICT GR General Recreation District Commercial parks, camp grounds, trail rides, gun clubs and ranges, archery ranges, race tracks, commercial snowmobile courses Commercial recreation other than specifically permitted Commercial riding stables Dance Halls Golf driving range and putting courses Liquor License (8L, 7~21-81) Marinas Outdoor Theaters Tavern as secondary use of property BUSINESS DISTRICTS :) LB Limited Business Adult Use Businesses as defined in Ordinance 192 and as amended ~J Clubs and lodges Liquor License (8L, 7-21-81) Motels (8ZZ, 3-15-88) NB Neighborhood Business Outdoor display only during operating hours Service station after minimum 2,000 sq. ft. of retail floor space is constructed. veterinary clinic or pet hospital with no outside pens SC Shopping Center Adult Use Businesses as defined in Ordinance #92 and as amended Car Wash after a minimum 25,000 sq. ft. of retail floor space is constructed Drive-in businesses or businesses with a drive-thru window (8ZZ, 3-15-88) Liquor, dancing, tavern or live entertainment Liquor License (8L, 7-21-81) Outdoor display, sales or storage during operating hours only Service station after minimum 25,000 sq. ft. of retail floor space is constructed veterinary clinic~r pet hospital with no outside pens GB General Business District Adult Use Businesses as defined in Ordinance #92 and as amended Advertising Signs (8JJJ, 5-16-89) Drive-in businesses or businesses with a drive-thru window (8WW, 10-6-87) Liquor License (8L, 7-21-81) Outdoor dispiay, storage and sales Public utility structures ; ~ ,_/ Repair garage (8WW, 10-6-87) Used vehicle sales (8WW, 10-6-87) INDUSTRIAL DISTRICTS: ~) I Industrial Districts Adult Use Businesses as defined in Ordinance #92 and as amended I " Advertising Signs (8JJJ, 5-16-89) Liquor License (8L, 7-21-81) Outdoor display, storage and sales Public utility structures Repair garages Retail trade and services Sale and storage of new and used auto parts within a building only (8Y, 6-05-84) IN ALL DISTRICTS: Antennaes in excess of thirty-five (35') feet in height. Area identification signs in all projects of five (5 a.) acres or more. (8JJJ, 5-16-89) Blacktop or crushing plant for highway materials. Commercial animal training. Decorations, banners, and other temporary signs advertising a bazaar, special sale, sporting event or other similar situation. UIJJJ, 5-16-89) Excavation, except when a building permit has been issued. Marquees of any type, with or without signs. (8JJJ, 5-16-89) planned unit Developments meeting the requirements of Section 4.18 and minimum standards required by this Ordinance. Public utility structures or uses except when conducted upon public right-of-way. (8ZZ, 3-15-88) Real estate signs over thirty-two (32 s.f.) square feet per lot frontage and exceeding other sign area limits in business and industrial areas shall require a Special Use Permit. (8JJJ, 5-16-89) ,- , , Signs on benches (not in City Parks), newsstands, cabstand signs, bus stop shelters and similar places. (8JJJ, 5- 16-89) 'J The use of search lights, banners and similar devices. (8JJJ, 5-16-89 ) <.J Adopted this 17th day of July, 1990, by the city Council of the City of Andover. CITY OF ANDOVER James E. Elling, Mayor , I I I I ATTEST: Victoria Volk, City Clerk ,J () 10 July 1990 In Re: Ordinance No.8, Section 7.03 Adult Use Businesses Amendment Summary of Planning Commission action Commissioner Peek noted that Ordinance No. 92 requires that a Special Use Permit be granted. Why would there be more restrictions when it is set by Ordinance? I advised that at the direction of the City Council and in concurrence with the City Attorney; Ordinance No. 8 was to be amended to make certain Adult Use Businesses are allowed by SUP only and in certain districts only. Chairman Pease noted that one of the items which would be handled in the SUP was the hours of operation and that the City Council felt they had better control under a SUP. A SUP also provides for an annual review and if there are associated problems, they have some additional enforcement vehicles. Commissioner Ferris noted that a SUP provides for notice to adjacent property owners and that is important. Also, it allows the City to plan. Commissioner Vistad questioned whether this should be allowed in the Shopping Center (SC) District. It is his preference that it be allowed in the LB, GB and I Districts because the users are primarily adult. In a shopping center, there are many children in those centers. It was a consensus of the Commission that based on the Ordinance as written, such a use would not be allowed in a shopping center at this time. A public hearing was he~d and there was no public input received. MOTION (Vistad/Coleman) to close the public hearing. Carried unanimously. MOTION (Coleman/Ferris) that the Andover Planning & Zoning Commission recommend to the City Council adoption of an amendment to Ordinance No.8, Section 7.03 Special Use Permits, as drafted excluding Neighborhood Business Districts to require all adult use businesses to be located in SC, LB, GB and I districts upon issuance of a special use permit. Carried unanimously. ~~ :J .,-) ,-) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE 10 Julv 1990 AGENDA ITEM 4. Ordinance 8, Sec. 7.03 Special Uses Public Hearing Adult Use Businesses ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning/Zoning \~~ BY: d' Arcy Bosell (~J'/ BY: At the direction of the City Council at their meeting on June 19, 1990, the Planning & Zoning Commission is to hold a public hearing in regard to.an amendment to Ordinance No.8, Section 7.03 Special Uses which would require that all requests for Adult Use Businesses would be restricted to non-rsidential districts and require the issuance of a Special Use Permit prior to the commencement of said use. Attached to this memorandum please find a proposed draft amendment to Ordinance No. 8 for your consideration. I preparing the draft, I questioned whether or not we also needed to amend Section 3.02, Definitions. I contacted William G. Hawkins, City Attorney, and he advised that we simply needed to make reference to Ordinance No. 92 and also include the words "and as amended" and this would direct an applicant to Ordinance No. 92 for additional criteria. In reviewing the City Council minutes, it was not specific as to which non-residential districts this Special Use Permit would be applicable and whether or not some should be excluded because of their relationship to residential districts. In speaking with Jay Blake, former City Planner, he felt that the requirement for a SUP coupled with the distance requirements controlled the possible location of such uses and that was what the City Council wanted. Based on the attached proposed amendment the Planning & Zoning Commission may take the following action: 1. Recommend approval of the amendment to Ordinance No. 8 as presented or as modified by the Commission. 2. Recommend denial of the amendment to Ordinance No. 8 and the reasons therefor. 3. Request that the matter be tabled pending additional information. It is the recommendation of Staff that Option #1 be acted upon by the Commission. ) ~J Draft - 10 July 1990 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE 8 i . , AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF ANDOVER, MINNESOTA. The City of Andover does ordain as follows: SECTION 7. USES. 7.03 Special Uses Special use permits for uses not listed herein shall not be granted except where the City Council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by special use permit and in accordance. with the criteria as stated in Section 5.03(B): RESIDENTIAL DISTRICTS Barber Shop (8H, 7-1-80; 8M, 9-01-81; 8P, 5-4-82) Beauty Shops (8H, 7-1-80; 8M, 9-01-81; 8P, 5-4-82) Cemeteries Christmas Tree Sales Churches Clubs and Lodges Colleges and Similar Institutions Commercial greenhouse Craft and antique businesses in R-4 districts in buildings designated as historical sites by a county, state, or nationally recognized historical organization (8EE, 6- 17-86; 8GG, 8-5-86) Day Nurseries (thirteen [13] or more children) (8CC, 2-04-86) Dog Kennels in R-l District only Excavations except when a building permit has been issued ~) Golf Course Highway Construction Materials (processing and storage) \ ~~ Home Occupations, on a parcel of land three (3 a.) acres or larger, utilizing an accessory structure and/or exterior storage. (8MMM, 5-15-90) Marinas Public utility uses or structures except when located on a public right-of-way Rest homes (8M, 9-01-81) Riding Stables Storage buildings for boats, snowmobiles, or similar vehicles in R-5 only Two-Family Home Conversions (R-4 Districts only) (8RR, 7-21- 87) Two-Family homes in R-4 and R-5 Districts only when lot locations are established and approved on original plat (8M, 9-1-81) MULTIPLE DISTRICTS All uses permitted by special use in Residential Districts except dog kennels. RECREATIONAL DISTRICT GR General Recreation District Commercial parks, camp grounds, trail rides, gun clubs and ranges, archery ranges, race tracks, commercial snowmobile courses Commercial recreation other than specifically permitted Commercial riding stables Dance Halls Golf driving range and putting courses Liquor License (8L, 7-21-81) Marinas Outdoor Theaters Tavern as secondary use of property BUSINESS DISTRICTS LB Limited Business , ) , . . / Adult Use Businesses as defined in Ordinance #92 and as amended (j. Clubs and lodges Liquor License (8L, 7-21-81) Motels (8ZZ, 3-15-88) NB Neighborhood Business ~~ as defined in Ordinance #92 and as Outdoor display only during operating hours Service station after minimum 2,000 sq. ft. of retail floor space is constructed. Veterinary clinic or pet hospital with no outside pens SC Shopping Center Adult Use Businesses as defined in Ordinance #92 and as amended Car Wash after a minimum 25,000 sq. ft. of retail floor space is constructed Drive-in businesses or businesses with a drive-thru window (8ZZ, 3-15-88) Liquor, dancing, tavern or live entertainment Liquor License (8L, 7-21-81) Outdoor display, sales or storage during operating hours only Service station after minimum 25,000 sq. ft. of retail floor space is constructed Veterinary clinic or pet hospital with no outside pens GB General Business District Adult Use Businesses as defined in Ordinance #92 and as amended Advertising Signs (8JJJ, 5-16-89) Drive-in businesses or businesses with a drive-thru window (8ww, 10-6-87) Liquor License (8L, 7-21-81) Outdoor display, storage and sales ~J Public utility structures Repair garage (8WW, 10-6-87) ~) Used vehicle sales (8WW, 10-6-87) INDUSTRIAL DISTRICTS: I Industrial Districts Adult Use Businesses as defined in Ordinance #92 and as amended Advertising Signs (8JJJ, 5-16-89) Liquor License (8L, 7-21-81) Outdoor display, storage and sales Public utility structures Repair garages Retail trade and services Sale and storage of new and used auto parts within a building only (8Y, 6-05-84) IN ALL DISTRICTS: Antennaes in excess of thirty-five (35') feet in height. Area identification signs in all projects of five (5 a.) acres or more. (8JJJ, 5-16-89) Blacktop or crushing plant for highway materials. Commercial animal training. Decorations, banners, and other temporary signs advertising a bazaar, special sale, sporting event or other similar situation. (8JJJ, 5-16-89) Excavation, except when a building permit has been issued. Marquees of any type, with or without signs. (8JJJ, 5-16-89) planned Unit Developments meeting the requirements of Section 4.18 and minimum standards required by this Ordinance. Public utility structures or uses except when conducted upon public right-of-way. (8Zz, 3-15-88) Real estate signs over thirty-two (32 s.f.) square feet per lot frontage and exceeding other sign area limits in business and industrial areas shall require a Special Use Permit. (8JJJ, 5-16-89) (J Signs on benches (not in City Parks), newsstands, cabstand signs, bus stop shelters and similar places. (8JJJ, 5- 16-89) ') '--../ The use of search lights, banners and similar devices. (8JJJ, 5-16-89) Adopted this. day of of the City of Andover. , 1990, by the City Council CITY OF ANDOVER ATTEST: James E. Elling, Mayor Victoria Volk, City Clerk :J .0 , '\ \.~) / .~"',.:;<''';''1>:-''''',,, . . ; '~ / '; \ ; ~ I , / '" l .'"",,, ~.T. -. ~~-"'~~~.. 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, July 10, 1990, at the Andover City Hall, 1685 NW Crosstown Boulevard, Andover, MN, to amend Ordinance No.8 so as to require that any Adult Use Business is allowed only by Special Use Permit and only in non-residential districts. Written and verbal comments will be received at that time and location. ~t# victorla Vo , Clty Clerk Publication dates: June 29, 1990 July 6, 1990 ., ~ ~ <J <.J /' Regular City Council Meeting Minutes - June 19, 1990 Page 6 DISCUSS ESTABLISHING 3CUNDARY COMMISSION Attorney Hawkins reviewed his June 13, 1990, letter to Mr. Schrantz regarding the boundary problems in Auditor's Subdivision No. 82 and recent legislation which allows the City to rectify the problem and assess the costs back. He recommended the Council hold a public hearing with the affected residents to see if they are interested In this. If so, the City would establish a Boundary Commission to look into it further. MOTION by Orttel, Seconded by Perr.y, that the Counci I schedule a public hearing with those residents affected by the boundary error in Auditor's Subdivision No. 82 and Immediate surrounding area to discuss the formation of a Boundary Commission to resolve the errors. Motion carried on a 4-Yes, 1-Absent <EI] lng) vote. Council recessed at 9:34; reconvened at 9:40 p.m. ADULT USE BUSINESS ORDINANCE Chairperson Pease reviewed the Planning Commission's recommendation to approve an ordinance regulating adult use businesses within Andover. In discussing the provisions of the ordinance, it was agreed by the. Council that these uses should be allowed by Special Use Permit, noting Ordinance 8 would have to be amended to do so. Mr. Blake stated under the ordinance, such businesses would be allowed in any commercial district in the City, that i1 Industrial and General Business, but must still meet.. the setback requirement of 500 feet from a residential household. Councilmember Jacobson stated he will support the ordinance even though he believes it is not restrictive enough. MOTION by Orttel, Seconded by Perry, introducing Ordinance 92, an ordinance regulating the location and operation of adult use businesses within the City of Andover. Motion carried on a 4-Yes, 1-Absent <Elling) vote. MaTTON by Orttel, Seconded by.Jacobson, that the Council direct the Planning Commission, at their earliest possible date, to hold a pUblic hearing on an amendment to Ordinance 8 which would regulate adult use businesses as defined in Ordinance 92 to require a Special Use Permit. Motion carried on a 4-Yes, I-Absent <El ling) vote. Council asked that the matter then come back for their consideration as soon as possible. () CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering * ~ ITEM NO. 8. Kensingt~n Estates BY: The City Council is requested to approve the final plat for Kensington Estates 6th Addition as requested by Jerry and Carol Windschi tl. The request is for 6 lots. In reviewing the final plat, the City staff is concerned about the impact the platting of the proposed 6 lots will have on the alternates that are being considered to allow for the 200 feet requested by the PCA and EPA to provide room for the cap, a peripheral road, etc. around the landfill. In addition, if the City Council approves the plat, it is recommended that the plat be approved subject to the following: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the city Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. continued MOTION BY . " . ---./ TO COUNCIL ACTION SECOND BY /~ '-/ ~J Page Two July 17, 1990 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% for the total costs for the improvements for the property (streets, utilities, etc.}) and a contract for the improvements awarded. 5. street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric cooperative. 6. Revised preliminary plat and grading plan if needed by the City. . 1 ~~ , ~ ,~ \ I '_/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE FINAL PLAT OF KENSINGTON ESTATES 6TH ADDITION AS BEING DEVELOPED BY JERRY AND CAROL WINDSCHITL IN SECTION 27-32-24. WHEREAS, the City Council approved the preliminary plat of Kensington Estates; and WHEREAS, the developer is responsible to obtain all permits from U.S; Army Corps of Engineers, DNR, Coon Creek Watershed District or any other agency that is interested in the site. WHEREAS, the developer has presented the final plat of Kensington Estates 6th Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Kensington Estates 6th Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable title opinion. , 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 6. Revised grading plan if needed by the City. , '1 V ..J 'j ,-;) BE IT FURTHER RESOLVED citing the following: 1. The developer has paid in full the park dedication for the entire plat. Adopted by the city Council of the City of Andover this day of , 1990. CITY OF ANDOVER ATTEST: James.E. Elling - Mayor victoria Volk - City Clerk 1/ ~ ~s._-t:.- I-"""'Sl;;-:~ ,- "I ~t.. A-.J.J., ..-,'orV <J Regular City Council Meeting Minutes - January 2, f990 Page 3 (Appointment of Park and Recreation Chairperson. Continued) someone else were appointed. Council discussed the past policy of rotating the Chairperson to allow for growth and experience among the Commissioners and to generate new interests. Because of the past pol icy. Councllmember Jacobson made the following motion: MOTION by Jacobson. Seconded by knight, that we appoint Jeff Kieffer for the Chairman for a one-year term without prejudice to Marc McNullen. just on principle. Motion carried unanimously. APPOINTMENT OF PLANNING COMMISSION MEMBERS Mayor Elling noted the terms of Rebecca Pease. Bev Jovanovich and Randal Peek expiI:'ed on December 31. 1989, and all have asked to be reappointed to the Commission. MOTION by Knight, Seconded by P~rry. to so move. Motion caI:'ried unanimously. APPOINTMENT OF PLANNING COMMISSION CHAIRPERSON .MayoI:' Elling recommended Rebecca Pease be I:'eappolnted as Chairperson. This would be her second year as Chairperson. MOTION by Jacobson, Seconded by PeI:'ry. to reappoint for Planning and Zoning Commission Chair for 1990. unanimously. Rebecca Pease Motion carried Jt KENSINGTON ESTATES 4TH ,~DDITION CGr-1TINUED Mr. Blake reviewed the events of the December 19 meeting when the Council directed the Andover Review Committee to study the sketch plan presented by Jerry Windschitl for the 4th Addition of Kensington Estates which includes a200-foot buffer zone around the landfill. His major concern is the process through which the development should be amended. His interpretation of the ordinance Is that this must go through the public hearing process by the P & 2. Mr. Haas explained the Staff received the sketch plan last Friday and did not have a lot of time to review it. A list was made by Ms. Bosel I shovling the lots on which variances would be needed in the plan proposed by Mr. Windschitl. Mr. Haas then reviewed two alternatives suggested by the ARC Committee which would overcome some of the conceI:'ns such as the number of cui de sacs. the 50-foot road easements. and installation of uti tlties. ',-.J Mr. Haas noted they were also concerned about the road alignment on the southern end of the plat, as the road in the plat does not 1 ine up with the easement for Nightengale to the south. He asked the Council () Regular City Council Meeting Minutes - January 2, 1990 Page 4 (Kensington Estates 4th Addition Continued) if they would be willing to allow the developer to purchase part of the park to the east so a lot could be developed east of Nightengale or if Nightengale could be constructed through the paI:'k. He didn't think it was possible to get a lot east of Nightengale if the street aligned with the existing easement to the south. Attorney Hawkins advised since the park was dedicated for park purposes, the propeI:'ty could not be developed into a lot. He didn~t see a problem with constructing a road in the park If it did not destroy the intent of the use of the park. No Council decisions weI:'e made on this issue. MI:'. Rodeberg reviewed the prOblem with installing sanitary sewer in that area because of the deep depth on one end and the shallow depth on the other. His concern was with the size of the easements that would be needed. He felt that In the sketch proposed by the developer, utility easements of 35 to 40 feet would be needed between the lot lines to service the cuI de sacs with sanitary sewer. He didn't know what that would do to the size of the lot and abi lity to place a house pad. MI:'. RodebeI:'g stated they also looked at the stOI:'m sewer. thinking a 16- to 18-foot width easement would be needed because it is quite deep. Mayor Elling didn't know whether or not it would be an option to run the storm sewer 1 ine through the proposed green area. Mr. Haas also noted the proposed sketch plan by the developer Includes 50-foot radiuses on cui de sacs plus 10-foot easements. The setback for the houses Is 35 feet from the right of way, so the homes would be 10 feet closer to the curb line than In other developments. Mayor Elling noted that was talked about at the last meetIng. the reason being to get furtheI:' away from the landfi I I. MI:'. Blake pointed out that as a PUD, the Council has the authority to utilize diffeI:'ing setbacks Ifit makes a better use of the property. JerrY Windschitl. developer - explained they were reacting to a request made of them to leave a green space adjacent to the landfill. They have done many sketches, and the one they presented Is by far the best version. It does not have any substandard lots. The difficulty with the alternates given by the Staff is when they are drawn to scale, they do not work. Under Alternate A, a whole row of substandard lots would be created which would not meet the depth requirements. Under Alternate B. they would lose another three or four lots and existing lots would need to be replatted and assessments abated, plus the lots off the cuI de sac do not meet the standards. Mr. Wlndschltl explained they are wll ling to give whatever easements are necessary. They would have no problem connecting the streets, noting it would be cheaper to have a through street than the proposed cui de sacs: but It does not work without making substandard lots. ,J / , ~~ Regula~ City Council Meeting Minutes - January 2. 1990 Page 5 (Kensington Estates 4th Addition Continued) Mr. Blake admitted the Staff recommendations were not drawn to scale but were theoretical veI:'slons of alternative layouts for traffic patterns. He also pointed out that it is a given that no matter which layout Is used, there.wl I I be a larger number of variances needed depending on how lot width is measured. Mr. Wlndschitl noted the City has used three different methods of measuring setbacks, and'the numbeI:' of variances wil I depend on which method is used. If the method used in Woodland Terrace 5th Addition Is used, measuring at the 45-foot mark, the lots around the cuI de sacs would meet the ordinance requirements. He felt they have done the best they could wIth the sketch plan given the cIrcumstances. Mayor El ling asked If Public Works had a problem maintaining 50-foot cuI de sacs. Frank Stone. Public Works Supervisor, noted the size of the street would remain the same. There may be a prOblem of where to put the snow In the winter because of the smaller easement. Mayor Elling was concerned about beIng able to find housing pads on those lots where wide easements for utilItIes are needed, thinking some variances may be needed for that also. Mr. Rodeberg pointed out if the plan is approved, the City may end up buying some of the lots that are destroyed by wide easements to get the uti IIties through. Councllmember Knight wasn't as concerned about the number of variances but on the ability to get utilities through there. Mr. Wlndschitl stated the utll ity issue Is not a concern if It is brought up from. 141st Lane to 142nd Avenue c~1 de sac because the lots are quite wide through there. Then the only thing that would need to be brought down from 142nd Lane Is water. He felt the 35- or 36-foot easements through there would not be a problem. Discussion returned to the proper procedure for making the amendment. Mr. Blake again explained his interpretation of the ordinance that a public hearing by the Planning Commission Is required. Mayor Elling agreed but noted many things are out of the hands of Mr. Wlndschitl and are being controlled by the PCA and the generators. Councilmember Jacobson also felt the item should go through the P & Z to deal with the road alignment, etc.; however. the Council could agree with the green space at this time. He ~elt the ordinance requires going through the PlannIng Commission, but giving approval to the green area at this time gives Mr. Windschitl the direction he needs for the PCA. ~~ Mr. Wlndschitl thought the procedure was resolved last time when It was referred to the ARC Committee. He thought it was decided not to go through the P & Z, statIng this is dealing with, Items that have already been approved. He stated he has spent a lot of money on the drawings and felt it is not economically feasible to start the process allover again with notifications and redrawings. If four or five . '\ '-~ <) Regular City Council Meeting Minutes - January 2. 1990 Page 6 (Kensington Estates 4th Addition Continued) more lots are taken out. It gets to be prohibitive to try to do anything with It. Mr. Wlndschltl explained his proposal results In a net loss of three lots. Alternate B proposed by Staff would lose four more. and Alternate A does not work because It creates a row of substandard lots. Discussion continued on the issue of referring the proposal to the Planning Commission. Staff noted the areas in the sketch plan were approved as out lots In the prel iminary plat. Councl I asked what would happen If they do not agree with the proposal. Mr. Wlndschitl felt the PCA and Generators could buy or condemn the property or they could invite the City to step In regardIng zonlngs around the landfill. Absent any affirmative action by the Counci 1, he stated he Is In 1 imbo. They are trying to voluntarily work this through with al I concerned. MOTION by Perry, Seconded by Jacobson. that the Council accept in concept the green area as wel I as the 50-foot cuI de sacs and refer the plat back to the Planning and Zoning Commission for reconsideration of the Special Use Permit and redrawing as a Planned Unit Development. DISCUSSION: Councllmember Knight noted Mr. Windschltl is In a situation he didn't ask for, and he wanted to make sure both the City and developer are protected. He also felt the P & Z should make every effort to get the maximum numbeI:' of lots from the property. Councilmember Perry felt this gives the developer the assurances needed: but the specifics need further consideration. which she felt should be done through the P & 2. She understands the street layout is part of the proble~. Her intent was not that the cuI de sacs are to remain as proposed but that the green area and the 50-foot radius are agreeable. She wanted the ARC Committee and the P & 2 to look at It further and make recommendations. understanding there is more latitude from the strict interpretation and requirements of the ordinance in a PUD. The Council then gave verbal agreement to 50-foot cuI de sacs if needed. Council also agreed If any existing platted lots need to be 'replatted. the City would be wil I ing to adjust the assessments and park fees. There was no agreement on the road alignment, asking that that be looked at more closely by the ARC Committee and the P & Z. Mr. Windschitl again argued It is economically prohibitive to start again at ground zero with this proposal. Mayor EI ling noted the sketch plan shows two Outlot A's to the east. Mr. Winsdchitl stated that Is an error: they should be shown as Out lots A and B. ~ \ 'J Regular Minutes Page 7 City Council Meeting January 2, 1990 <Kensington Estates 4th Addition Continued) Councllmember Orttel noted there Is no change In the use of the property, wondering if It is necessary to go thr'ough the entlr'e hearing process again. Mr. Haas noted Mr. Windschltl wi] I have to provide the grading changes and topographical maps whether this goes to a hearIng or not. Motion carried unanimously. ;r Mr. Wlndschltl again asked If it Is the Intent that he start at zero and begin the process again, arguing the ordinance clearly does not require him to go back to the Planning Commission for a PUD. Attorney Hawkins didn't see any problem with. the procedure taken by the Council. Mayor El lIng stated the Intent Is to have the public hearing by the Planning commission. SITE Q CONSULTANT Charles Weaver. consultant for Site Q landfi 11 site - addressed the Council reviewing some of the actions taken by the State Legislature regarding the siting of landfll I sites In each county. The last Legislature provided each community that has a proposed landfl I I site with $100,000 from the bond money sold by the Metropolitan Council to review the EIS for the site. In talking with both Coon Rapids and Andover. he proposed hiring consultants to examine as closely as possible the Environmental Impact Study that Is beIng done on Site Q. In choosing these consultants, he looked for people with expertise In this field to cover al I pieces of the EIS and for people who were experts In this location. Mr. Weaver mentioned the individuals he will be The funds available amount to $100,000 for each $200.000 reimbursable funds to review the EIS. Staff time on this item is also reimbursable. seeking bids from. cIty, for a total of City expendItures for Council agreed the best qualified individuals should be hired. but one concern was overseeing the expenditures. Mr. Weaver stated it can be set up any way the cities want. He wi I 1 be getting some specific costs from the consultants. and the joint powers agreement with Coon Rapids can specify the supervision of the expenditures. That agreement wi I I be drafted and brought back for Council approval. It is expected the EIS will be done In March, though they would like to study the pieces as they are finished. I \~_/ MOTION by Orttel. Seconded by Knight. that the Council authorize the solicitation of bids from the lists of contractors from various components of the City's review of the Environmental Impact Statement for the proposed Site Q as 1 isted in the December 5, 1989. Council Agenda: and the preparation of a joint powers agreement with the City of Coon Rapids for the review of the EIS. Motion carried unanimously. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT n;~~..~~~~~ ITEM 9. Petition for NQ Improvements/Kensingtol Estates 11th Engineering -(5* APPliIIP-~~D FOR AG \ J BY: ",~,l,l or n BY: 1 The city Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of a feasibility report for the improvements of watermain, sanitary sewer, storm sewer and streets with concrete curb and gutter, Project No. 90-16, in the Kensington Estates 6th Addition. ., MOTION BY TO COUNCIL ACTION SECOND BY '-../ o ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS. OF WATERMAIN, SANITARY SEWER, STORM SEWER AND STREETS WITH CONCRETE CURB AND GUTTER , PROJECT NO. 90-16 , IN THE KENSINGTON ESTATES 6TH ADDITION AREA. WHEREAS, the July 9, 1990 improvements; and City Council has received a petition, dated , requesting the construction of WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City day of Council at a Regular 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 .~) ~J -':- ~ July 9, 1990 James E. Schrantz City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, Mn 55304 RE: PROPOSED KENSINGTON ESTATES, 6TH ADDITION SUBDIVISION Dear Mr. Schrantz: Gerald G. and Carol A. Windschitl do hereby petition for improvements by the construction of ~ater main, sanitary sewer, storm sewer and streets with concrete curb and gutter with the costs of the improvement t9 be assessed against the benefiting property which is described as: KENSINGTON ESTATES 6TH ADDITION We would request that these few lots be change ordered into the Improvement Project for Kensington Estates 5th Addition and that prior to approval of the change order we be notified as to the costs and have an opportunity to approve the amounts. Said petition is unanimo~s and except for the request above the public hearing may be waived. We request that a supplemental feasibility report be prepared as soon as possible. Sincerel~ /:J~ ;s.C-.' ~ ~ ~d.W~ ' Gerald G. Windschitl Carol A. Windschitl ,-) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT ~. ~L Engineering '\~ 'l'nnn:T ~;>;>'" APPROVED FOR ::EN~~ / ITEM NO, 10. Release Grading - /~..n n", Ir '" n t.h BY: The city Council is requested to approve the resolution approving the gradig of Red Oaks Manor 6th Addition. The city staff has rehired Lot Surveys, Inc. to recheck the grading of developers. In your packet is a required letter from the developer's project engineer and a revised letter from Lot Surveys, Inc. Approving the resolution will release the escrow for grading. The Finance Department will total the plat, sign, legal escrows and deduct from the grading escrow if any of these escrows are short funds. The developer will be required to monitor erosion control, keep streets clear of any debris and mow boulevard area to control weed growth. It is recommended to approve the resolution as presented. COUNCIL ACTION MOTION BY / TO SECOND BY " '. ,-.-J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE FINAL GRADING OF RED OAKS MANOR 6TH ADDITION AS BEING DEVELOPED BY ART RAUDIO 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 " ) /- -\ V Ken Gust Enterprises 8590 Quarles Road Maple Grove, MN 55369 January 22, 1990 Grading Status Memorandum From: To: Subject: Y.. /.1/ ~d- Ken Gust - Engineer ~~__ __~____ ~hom 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. ;~ April 3, 1990 o I agree to be responsible tor the pertaining to the hill and trees. completed within the summer ot ~AJ?- M~.v-- Tom Moran 13767 Quinn Street N.W. Andover, MN 55304 :~ leJ (M<s J!1_" ~fh AJ,; ,:,. .vi";" - J landscaping ot my back yard The landscaping will be LOT SURVEYS COMPANY LAND SURVEYORS _ _ RAYMOND A. PRASCH ~~';1INN, REG. NO, 6743 REGISTERED UNDER t..\WS OF STATE OF MINNESOTA 7601 . 73rd Ava No. Minneapolis, Minnesota 55428 560-3093 July 12, 1990 Mr. Todd Haas City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Re: RED OAKS MANOR 6TH ADDITION Dear Todd: We checked the elevations on the areas you were concerned about, especially in the area of Lots 12 and 13, Block 2. We have revised our drawing showing elevations taken July 11, 1990 for your review. The north and south lines of Lot 13 provide good drainage. The southwest corner of Lot 13 is still high but there is a tree at that corner and the water drains around it to the north. If you have any questions, please call. :;z;e:dtl4~ Ray~ A. Prasch, R.L.S. RAP/tp ~J u CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Tll1y 17 lqqn 11. BY: U 17~'\' APPRO~ED AGENDl, I BY: I/!; tI FOR AGENDA SECTION ORIGINATING DEPARTMENT NO, Staff, Committee, COlm. Administration ITEM NO. Approve Kennel Licen e The city Council is requested to approve renewal of the kennel license for Dover Kennels, (Jeff Bergerson, owner) 16422 Hanson Boulevard. Mr. Bergerson has no dogs of his own that would need to be licensed and he has paid the renewal fee. The Sheriff's Office received one complaint regarding this operation; however, upon a surprise inspection, the complaint was unfounded. MOTION BY COUNCIL ACTION SECOND BY \~ TO (J , ) CA.~. CITY of ANDOVER DOG KENNEL LICENSE APPLICATION Name .::If F;: ~~j' <.6So/Lt:'/lO/J /(:7 V~,;2 )/..'7l.NrSoJ Ai u:'\ , Address Telephone Number fC~ yf~ ~j?;?~ Number of Dogs J-6 Kennel Name DlJ tJe.e. j(c_JA/;;LS 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. ***************************************************************** For New Licenses, Please provide the Following Information. Property Size Method of Waste Disposal will facility be used for training dogs? Number of employees ***************************************************************** Fee: New License $l60~~Q_ - Special Use Permit Fee Renewal "'$25_.00'-:") Fee Paid: 1-5- ';'0 ..--- .4f __'35/37 Date Receipt Number Council Action: Approved Denied ,-) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 ITEM 12. Accounting Fi rm NO, Discussion DATE ORIGINATING DEPARTMENT Finance Howard Koolick ~ Finance Director BY: AGENDA SECTION NO. Staff, Committee, Comm. APPROVED FOR AGEN(\! BY: p~ I " REQUEST The Andover city Council is requested to review the enclosed information and provide direction for the Finance Director. BACKGROUND At the previous meeting a short discussion was held regarding the firm providing accounting and auditing services to the City and potentially changing firms. I have dealt with the firm of George M. Hansen both prior to and since my arrival in Andover. While they are a good firm, there are other firms who, I believe, can better serve the City. Before examining our options and potential firms, we should understand what should be expected from an accounting fir~. Since we are required to have an audit, the performance of an audit is the bare minimum that should be expected. Indeed, it is service beyond the auditwhere the potential for benefit is greatest. Additional services that could be useful to the City include: * Recommendations to improve accounting system and internal controls that are timely and practical * Reviews of special assessment funds and projections of future cash needs * Help with bond arbitrage calculation * Source of accounting and tax information that has effect on City and its employees * Help with establishing equipment records * Computer consulting and evaluations This list is just a sample of the potential services. It is not COUNCIL ACTION ~, MOTION BY TO SECOND BY "_..,1 city Council Meeting July 17, 1990 Accounting Firm Disc. , "\ ~ to imply that we will use any of these, however, they should be considered when selecting a firm. There is no state requirement to bid or receive quotes for this since it is a professional service. Below are four options available to the city. They are by no means the only options. option 1: Write a Request for Proposals (RFP) for accounting and auditing services. The RFP would be distributed to firms with experience in governmental accounting and any other firm requesting an RFP. Option 2: Contact a number of reputable, experienced firms for written proposals and/or interviews/presentations. Based on my knowledge of accounting firms, I would recommend at a minimum the following firms: Deloitte, Haskins and Sells, Pannell Kerr Forster, and Voto Tautges and Redpath. From reviewing auditors listed in League Directory of City Officials, the following firms do a good number of city audits (although I know little about them): Abdo, Abdo and Eick (mostly small cities), Babcock, Langbein & Co., and Peat, Marwick and Main. Option 3: Contact Pannell Kerr Forster, a well respected, knowledgable firm for a quote and to arrange an interview/presentation. Option 4: Make no change and keep George M. Hansen P.A. as the City's accounting firm. The following page summarizes the advantages and disadvantages of each option. / '1 '.J , '\ o , '\ ,~ Option u Write an RFP #2 Contact a number of firms #3 Contact one firm #4 Remain with current firm Advantages Disadvantages Most likely result in lowest price May not result in a qualified firm being chosen Can be a time consuming process Will provide a number of firms from which to choose May not provide names of firms other than those known t~ have expertise in governmental accounting Will provide a number of firms Will result in a low price Can be a time consuming process May not result in a qualified firm being chosen No guarantee that staff assigned by firm will be experienced in City auditing and accounting Will aid in ensuring that an unqualified firm does not submit a low bid solely to gain the City as a client Can select without expending a lot of City staff time Quality of firm is known Will not know if a lower price is available Firms that have contacted the City about providing services may not be happy working relationship with firm is known to be good Will allow time for firm to become familiar with City prior to audit Quality of majority of staff is known to be good Rates are comparable to other firms, meaning price will be comparable to other firms Will take no staff time to implement Quality and timeliness of work will remain at same level Will not know if a lower price is available City Council Meeting July 17, 1990 Accounting Firm Disc. .~ Several other items must be kept in mind when reviewing these options. First, since all accounting firms incur set up costs the first year of an audit( they will usually charge a lower first year fee if they are hired for a period of 3 to 5 years. This gives them additional years to spread the costs over. It also gives the City some st~bility in costs and prevents changing firms every year. Second, does the City have personnel either elected or appointed who are interested and qualified to interview accounting firms? Certainly, the Finance Director is qualified. Is he to do all the interviewing or is City Council going to interview firms? This is an important question to decide prior to arranging interviews. Third, if interviews are to be held, what criteria will be used to select a firm. As mentioned above the providing of audit services is only the beginning. RECOMMENDATION Based on the above analysis, I recommend Option #3. Having worked for Pannell Kerr Forster for four and one-half years, I am familiar with both this firm, its staff and the services they can provide to the City of Andover. The following are the benefits of asking for a quote from Pannell Kerr Forster and appointing them if the quote meets Council approval: The Finance Director's time that will be incurred making all firms familiar enough with the City to make a proposal, will be minimized. The audit cost can be kept lower since the Finance Director is familiar with the information pannell Kerr Forster requires. The staff of Pannell Kerr Forster is known to be experienced and competent, ensuring the City receives quality service. I believe that by choosing Pannell Kerr Forster, the City will receive a professional, independent audit at a good price. City Council may either request a presentation/interview with representatives of the firm or authorize the Finance Director to obtain an engagement letter which would include price quote for the 1990 audit. .~ ~~ ~ city Council Meeting July 17, 1990 Accounting Firm Disc. REQUEST FOR COUNCIL ACTION The Andover City Council is requested to provide guidance on the following issues: 1. Does the City Council desire to change accounting firms? 2. Does the City Council desire to go through a formal RFP, select from a number of firms, or appoint one firm? 3. Who should be involved in interviewing accounting firms, if interviews are to be done? 4. What criteria should be used to select a firm? 5. For how long should the accounting firm be hired? "",J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO. Staff, Commi ttee, (',..~~~~~~~~ DATE ORIGINATING DEPARTMENT Administration AP~qVE~FOR ::,~ l~ I / ITEM NQ 13. Union Agreement Discussion BY:.."~,,,<, '" c...h..,,~+-~ The City Council is requested to consider approving the Union Contract, without the Union being required to sign the agreement, allowing the Anoka County Youth Program youth to work in Andover during 1990. We have been advised it is too late in the season to get youth for the program. In talking to Cy Smythe, he advises that the Council should make it very clear that before we have a 1991 Contract that this issue will be resolved. MOTION BY " 'J TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT 14. Annrnu.. - .r;oru Full-time Employee Public Works BY: "'r~~\' c"..~-- Superintendent ;;3) APPROVE~rz..1 R ,ory l6 BY: ;; v ~~ ~. .~~ ITEM Commission NO. The City Council is requested to approve the hiring of a temporary full-time employee to work in the Streets & Highway Department. Advertise 7/23/90 Interview 8/1/90 Permission to bring on employee 8/6/90 Union starting salary - $8.76 per hour. The funds will come from the left over funds from Summer Help ($4,000) and from the Seal coat Budget ($4,500), for a total of $8,500 through the end of 1990. I will be at the meeting to answer questions. MOTION BY , '._/ TO COUNCIL ACTION SECOND BY . '\ <~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO. Staff, Committee, Comm. ITEM 15. Set 1991 Budget NO. Calendar REQUEST DATE ORIGINATING DEPARTMENT Finance m~~:E~O" '+ A I\:J BY: / G I BY: Howard Koolick HYC- Finance Director The Andover City Council is requested to set a budget calendar that will comply with the truth in taxation requirements. BACKGROUND The 1991 budget process is the second budget year impacted by the truth in taxation law. Under truth in taxation, the City is required to meet the following deadlines: Between August 20th and September 1st On or before September 1st Not less than two nor more than six days before hearing Between Nov. 15th and Dec. 20th December 28th MOTION BY ~ 'J TO City must select date for public budget hearing and date to reconvene hearing if necessary. These dates will be between November 15th and December 20th. County auditor will notify City of County and School District dates to avoid conflicts. certify to the county auditor proposed property tax levy and adopt proposed budget. While the proposed levy cannot be exceeded the proposed budget can be amended up or down. Advertisement of public budget hearing must appear in authorized newspaper. Public budget hearing is held and reconvened if necessary. Resolution adopting final levy and budget are approved. Final tax levy to be certified to county auditor and compliance with truth in taxation will be determined by commissioner "f' r",,",,,,",,,<> COUNCIL ACTION SECOND BY city Council Meeting July 17, 1990 Budget Calendar , '\ . I '-/ In order to meet these deadlines, a budget calendar should be set. The calendar should allow City Council ample time to review the budget as well as allowing staff sufficient time to make requested alterations. June 28th To date, the following calendar has been followed: Budget forms distributed July 16th July 16th thru July 20th Budget forms due to Finance Director Finance Director reviews budget forms and revenue projections are completed It is my intent to distribute the preliminary budget to the City Council on approximately July 26th. RECOMMENDATION Based on the deadlines outlined above, the following budget calendar is proposed: July 31st August 7th August 7th (if necessary) August 21st REQUEST FOR ACTION Preliminary budget discussion of General Fund and Debt Service Funds. This would be a special meeting which would need to be scheduled. Amended budgets given to City Council. They may be discussed at this meeting if desired, however, no formal action will be required. Set additional work session for budget discussions. Approve resolution adopting proposed budget and tax levy. Also set dates for public hearing and reconvening of hearing if needed. The Andover City Council is requested to approve the proposed budget calendar with ant amendments desired and schedule the necessary special meetings. ') ,~ () CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering .-(':Stit ITEM 16. Approve Plans & NQ Specs/90-12/Bent Creek Sidewalks BY: 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 August 1, 1990 at 10:00 A.M. MOTION BY "\ '-/ TO COUNCIL ACTION SECOND BY u ,) 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 Ma! ' 1990, BRA has prepared final plans and speci ications 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 17th 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. wednesday, August 1 , 19-2Q at the Andover City Hall. MOTION seconded by Councilman by the City Council at a Regular and adopted day of 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 ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 1" 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering ~>(< APPROVt:~OR AGE '[jJ ITEM 17. Approve Plans & NQ Specs/90-13/creekridge Sidewalks BY: 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 August 1, 1990 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 the were presented to day of WHEREAS, such final plans and specifications City Council for their review on the 17th 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. , Wednesday, August 1 , 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 \ I o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT t.T^n n' --'-- ... Engineering .-(5% ~~~~tbOR BY: / / ITEM NO. 18. Approve Speed stud / BY: Univerr::i h, ". m_.:I.:I:T u___ The city Council is requested to approve the attached resolution which allows the speed limit to be reduced on University Avenue between Andover Boulevard and 157th Avenue. Attached is a location map and the authorization from the Minnesota DOT. The approximate cost for installation of signs for the Andover side of University is $310. The cost for purchasing and installing signs is proposed to be shared 50-50 with the City of Ham Lake. The proposed speed limit would be 40 mph as authorized by the state. .... MOTION BY TO COUNCIL ACTION SECOND BY '-./ :0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING SPEED LIMITS ON UNIVERSITY AVENUE BETWEEN ANDOVER BOULEVARD AND 157TH AVENUE PER THE ATTACHED SPEED LIMIT . AUTHORIZATION FROM MNDOT.. WHEREAS, speed limit signs are to be placed per the attached MNDOT authorization; and WHEREAS, MNDOT has given authorization to lower the speed limi t. NOW, THEREFORE, BE IT RESOLVED the speed limits be placed along University Avenue between Andover Boulevard and 157th Avenue contingent upon placing appropriate advanced warning signs. Adopted by the City Council of the City of Andover this day of , 1990. CITY OF ANDOVER ATTEST: JamesE. Elling - Mayor City Clerk Victoria Volk ~J 11'1\' J ~ JtTl- 1- i "fCifli 'j I~~ Ii I I n I ,i '<'h,{:;~1 iil ~ -~: ... I I I \ I \ I I,', .~ 11::' '(' I, - I II ': ...--l... ".- lit=: - --- \ ~l,o;;~ I) i '--, I I 'I' ~Hoa-c v' 'J:I: T ) I~ ," if---l .L . c--. ::J i T -I . I . ' i'L--;I)~;'~"~ ~ u:~ I · I v~1 ~i ~~~~ I 66 1o.q,?~...~. ,~A: -r~~t..,\ l=r-'''''' / ! I I "i II '\~J'~ i . "I II I' I II " : I ,l I 1 ~ i ~~ L :____J~. Iii! : c' I ~ I--~Ni ---- =-- .~... I -- \" I 'r' - : '~.':' \. 'lk.II'. / "! i-~J"" ~.' :~ '. r: ~ ~o ~J~.J--- " ~"~I: I, I I, .;:-<~ -YJl I ..~ .1~ I I d I ".,1;" , v'p' i "- ~.' ;d1~,/~// t II' 'K' I, i .'1,N.' 2 ' \ ,'\ \ i ~";';E. z." '4. AJ<4Z I 11:'. I". ' . . i .~..~~1F. ":I'i il. :.' BARNEC;-\i,\.' Id../NGtrlI't. i . , . ; ,NtrJ;..;:-\~~ I II '. . 4 , 1 d J "'- i"\ ',--1 ' ~"'I' ,_';<j;,/'; 11--7- ~OAKS~2.N0I~'PD. , \'--' . ~ --f- ~'- .~_~_}_L_ 76,-' I. . ~!,f.;j', Ii:, '\' i' ;d~ ,I '~'-:T., I:, \ . \ .1.. ..' ....1 II Y" i BARtyE'S ROLLING ----' -.....""'--' M i II I r'I' 'Ill' I' I~~ I , :~Ar-: I. " ~ ~; ~ I II I. ~ I J . . i I : ~ I I, ~'j \ ., I: \~~ I I : ,,II \. E~. _ I I ~ ' ' AU D '~DR's.. ---' 2- 'ii;/j' ... I : I ~:' Ij r-:- \ i "'~" I i I ........:'--: U D"sl,o : ~ ~ T----j-i -- ------ \'iL=-=t-----\--7 ....r- ~- ~ il!) v;--- - "' "I, . , I ',_.ou" 111'/ J /l ' h ~ ~ II! -'~:~"'7/ i '. . ".t-ZJ:J: ''''1"JJ: ' I . I' "'-- ~".,'(..:~' ,N'L,"!,'! 1 ' ~HILis,-:""-~ ~;:c~"~,. c@r~ Ii ' I . ~~:I,,,....,';;:;F ,__o~~-~,:;,i;. i i I 7". _,y ~. . .. r" ";,'J~' I l' ~~~~~tg'~~~~" '~':',~E~: rT----- ~, "'c']" ""t'. i ---- ~....~ ::,':~s.', "., ~fi!.I! 'I' I n .,. .~. _. ",,~~, 'A< ,'I,' , JRO. ~. <I,' ..II'.,,'NDY,!:::::' ~ p...-----..... -----: ~ ,:~::.,~..: :':':'~}~~~"I v/ ) v-, ."LA><r ..\~" i__ IT 'T ... U ... \h .......... \ \ I : ill :-1 - ! I '1 \ ,-;r I I~\ '"'~, .;-, '... I ':::.... \~ I 'C:, \, \ I~ ~ I I -I - -- _.~ _ 'If) 1'>1 p~ ." feE [) '-I~MIT $16115 _ ~ror IMCAD" SI NS "I ' '1 '-,'''' ..-U" _ fk,,:rf.' ,_-~ ,,'(__, \._,:>.~"rr I62NO A~E. NW 161ST AVE. NW : 16011-1 AVE. NW ....:::1 1~9nt ......E. NW 1 I I!)aTH AVE. NW "7TH AIi!.. NW I ,..nt...... NW h. ~ I O~STH ,vt;. NW ::5\0 <( 01" .~ 6 ct Z 1!54 TH AVE. Nllf u.. <( 0' ~ lu 1-. ::.:::: ..:( 1!53RD "''iE. NW ...J OJ ::1:, '''j. ~l~ ..:( u..-:c o 152NO AVE. NW t!!!~ ~ ~I::- -',.- . ~ 1!51ST AVE. NW / -1: -- ~-(I~TltI(- ~ oJ' \I " i 150TH AVE. NW 149TH AVE. NW \48TH AVE. NW I I47TH AVE. NW 145TH AVE. NW 14,TH AVE. NW J44TH AVE... ~ 143RO AVE. NW 14,NO AVE. NW ~ 141ST AVE... NW <: 140TH AVE. NW \39TH AVE. NW' 138TH AVE. NW .::::: ,"''l'Tlol AvE_ NW f...ljDOT 29213 (12-78) (i\ Q~~ STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Page~of~Pages .~ LOCAL STREET OR HIGHWAY SPEED LIMIT AUTHORIZATION Road Authority n over Road Name or No. University Avenue Termini of Zone: From Andover Boulevard (C.S.A.H. 16) To 157th Avenue Date of R,{'p~'[i 3, 1990 Kindly make the following changes in speed limits on the above-referenced section. Changes authorized herein are in accordance with Minnesota Highway Traffic Regulation Act, M,S. Chapter 169.14 and applicable subdivisions thereof. 40 miles per hour between the intersection with Andover Boulevard and the intersection with 157th Avenue. NOTE: The above speed limits are authorized contingent upon curves and hazards being signed with the appropriate advance curve or warning signs, including appropriate speed advisory plates. The roadway described above shall be reviewed for traffic control devices impacted by the authorized speed limits before posting the signs. Warning signs and speed limit signs shall be in accordance with the Minnesota Manual on Uniform Traffic Control Devices 1986. Please Sign _ Here (3) White - Road Authority (1) Pink - Central Office Traffic (1) Blue - District Traffic Engineer '\ i,,/Koad Authority use only Date traffic control devices changed implementing this authorization I Month-Day- Vear I Signa ture I Title " ,-,) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 DATE AGENDA SECTION ORIGINATING DEPARTMENT APPROVf};R NO. AGEN A I Engineering ITEM ~>><' NO. 19. Release Escrow/ 13380 BY: BY: The City Council is requested to release the unused escrow to Good Value Homes, Inc. for a storm sewer extension and for construction of a swale between the two existing homes at 13380 and 13392 Hidden Creek Drive. The project was a request made by the property owner to extend the storm sewer 16 feet to allow for grading in the rear yard at 13380 Hidden Creek Drive. City staff has been to the site for inspection and recommends release of the unused escrow. COUNCil ACTION MOTION BY . '\ \j TO SECOND BY ~ tJ/ ANDOVER 1685 Crosstown Blvd. N.W. Andover, Minnesota 55304 Dale 19- . \ . ) '-" TO Good Value Homes. Inc. DATE INVOICE NO. ITEMS AMOUNT I Refund of escrow for Storm Sewer Proiect - 13380 Hidden Creek Drive i $1,600 00 Less: Contract work done bv Burt Kraabel Const. - 936 00 Eng. & Administrative costs - 280 80 383 20 , Plus: Interest earned 37 29 $ 420 49 , (j) / ._".~,-:) ! '. '~~nt:. j k, I. ~). ~<..._ '?'.<..o(. '- . ':/~ ( ~.z;Z(j c,,"> - : (I. ..,........ " ''''''''r i.JJ:.:", :<'n ;>, 1460 - 93rd Lane ~.E. Blaine, MN. 55434 \ ) / :0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT ITEM NO. 20. Final 89-24 BY: Engineering The city Council is requested to approve the resolution accepting the work and authorizing final payment for project 89-24, Commercial Park Pond. Moser Construction is the contractor. Final payment is $162. Attached is the recommendation letter from TKDA. Enclosures: Resolution TKDA letter MOTION BY -... ',---" TO COUNCIL ACTION SECON D BY ~ ,J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MOSER CONSTRUCTION FOR PROJECT NO. 89-24 FOR THE IMPROVEMENT OF COMMERCIAL PARK POND IN THE FOLLOWING AREA: COMMERCIAL PARK. WHEREAS, pursuant to a written contract signed with the City of Andover on December 19, 1989, Moser Construction of Minneapolis has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. The work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City directed to issue a proper order for the contract, taking the contractor's receipt Clerk and Mayor are hereby final payment on such in full. MOTION seconded by Councilman and adopted by the day City Council at a Meeting this of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor victoria Volk -City Clerk -:")KDA TOLTZ. KING, DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 61212Q2-4400 FAX 612/292-0083 July 10, 1990 Mr. Jim Schrantz City Administrator 1685 Crosstown Boulevard NW Puldover,Mll1nesota 55304 Re: Commercial Park Pond City Project 89-24 Puadover,~esota Commission No. 8840-04 Dear Mr. Schrantz: The above referenced project has been completed and final documents have been submitted to the City; therefore. it is recommended that the project be accepted and fmal payment in the amount of $162.00 be made to Moser Contracting. Sincerely yours, JLD:j :J o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering ~~ ITEM NO. Award Bid/90-6 BY: The City Council is requested to approve the resolution accepting bids and awarding contract for the improvement of sanitary sewer and watermain for project 90-6 in the area of Lot 1 Watts Garden Acres. The results of the bas bids are as follows: Phase I Phase II 1. Ro-So Contracting $37,175.75 $52,626.25 2. Kadlec Excavating of Mora $37,793.65 $48,660.25 3. Volk Sewer & Water $38,072.00 $53,194.90 Phase I will include serving Harry Halopsuk's property and two (2) lots owned by William Batson. Using phase I bids received the low bid exceeds the estimate from the feasibility report by 3%. Phase II (alternate bid) as a possible project, the construction cost is 2% lower than the estimate from the feasibility report. This part of the project was not petitioned for. It would take a 4/5 vote to award the bid. It is recommended to award Phase I base bid to Ro-So contracting. COUNCIL ACTION MOTION BY . ... 'j TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-6 FOR SANITARY SEWER AND WATERMAIN CONSTRUCTION IN THE AREA OF----LOT 1 WATTS GARDEN ACRES WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 066-90, dated June 5 , 19 90 , bids were received, opened and tabulated according to law with results as follows: Base Bid (phase I) 1. Ro-So Contracting $37,175.75 2. Kadlec Excavating of Mora 3. Volk Sewer and Water $37,793.65 $38,072.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Ro-So Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Ro-So contractin~ in the amount of $37,175.75 for construction of t e improvements; and direct 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 City Council at a and adopted by the Meeting this day of , 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 JUL 13 '90 08:21 T.K.D.A. & ASSOC. P.5 t1KDA TO~TZ. KIN(I. DUVA~~, ANOEMON ANO AaaOCIATES, INOORPORATED ENGINEERS ARCHITECTS PLANNERS UOO AM.RICAN NATION"'~ ....NK SUI~DIN(l SAINT PAU~. MINN!SOTA IS101 11212124400 F ilX " 2/292-0083 July 12, 1990 Honorable Mayor and City Council ~dover, ~esota Re: Lot 1.'W att' s Garden Acres ~dover, Minnesota Commission No. 9748 /d-b Dear Mayor and Council: Bids for the referenced project were received on July 12, 1990 with the following results: Bidder Base Bid Alternate Bid Ro-So Contracting $37,175.75 $52,626.25 Kadlec Excavating of Mora $37.793.65 $48,660.25 Volk Sewer and Water 538,072.00 $53,194.90 Penn Contracting $39,581.00 $57.609.00 Dave Perkins Contracting $43,143.50 $56,750.00 Engineer's Estimate $37,020.00 $49,165.00 It is recommended that a contract be awarded to the low bidder, Ro-So Contracting, in the amount of their low base bid of $37.175.75, or alternate bid to Kadlec Excavating of Mora in the amount of $48,660.2.5. A complete Tabulation of Bids is attached for your information. Sincerely yours, ~ , / ,~ John L. Davidson, F.E. JLD:j Attachment , " CITY OF ANDOVER "-./ REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT ITEM NO. 22. Award Bid/90-15/ Crosstown Water BY: Engineering The City Council is requested to approve the resolution accepting bids and awarding contract to the lowest responsible, Volk Sewer & Water, for Project 90-15, Crosstown Water Extension. The bid amount is $30,200.20. The project will be funded from the Water Trunk Fund. This project is an extension on the water trunk to get the watermain out of the construction area for the new bridge Anoka County is constructing on Crosstown Boulevard over Coon Creek. The project also improves the intersection of Crosstown Boulevard and Andover Boulevard. ,,-- ........ MOTION BY TO COUNCIL ACTION SECOND BY '--' o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-15 FOR TRUNK WATERMAIN CONSTRUCTION IN THE AREA OF CROSSTOWN BOULEVARD AND ANDOVER BOULEVARD. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. R069-90, dated June 5, 1990, bids were received, opened and tabulated according to law with results as follows: Volk Sewer and Water Dave Perkins Contracting Penn Contracting $30,200.20 $31,575.00 $34,529.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Volk Sewer and Water as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Volk Sewer and Water in the amount of $30,200.20 for construction of the improvements; and direct 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 City Council at a Meeting this day of , 19 , 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 JUL 13 '90 08:19 T.K.D.A. & ASSOC. P.2 CJKDA TOL TZ. KING. OUY4lL. 4NOfFl80N 4NO ASSOC'4nS. INCOi'lPOi'lAreo ENGINEERS ARCHITECTS PLANNERS July 12, 1990 no. 4Mill/04N NATIONAL BANK BUILOINa 841NT P4UL, MINNIOSOT4 "101 81111l!02.....,0 FAX "l!mM083 Honorable Mayor and City Council i\ndover,Mbinesota Re: Crosstown Boulevard and Andover Boulevard Wafermain Extension Andover, Mbinesota t:i' (e- Coinmission No. 9777 /0 - :::> Dear Mayor and Council: Bids for the referenced project were received on July 12, 1990 with the following results: Bidder Amount of Bid Yolk Sewer and Water Dave Perklns Contracting Penn Contracting Ro.So Contracting $30,200.20 $31,575.00 $34,529,00 $40,338.7.5 $22,844.00 Engineer's Estimate It is recommended that a contract be awarded to the low bidder, Yolk Sewer and Water, in the amount of their low bid of $30,200,20. A complete Tabulation of Bids is attached for your information, Sincerely yours, , \ '-.J () CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 17, 1990 AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT ITEM NO. 23. Approve Change Order 9 3 BY: Engineering " The City Council is requested to approve a change order for Project 90-3, Kensington Estates 5th Addition, with 0 & P Contracting in the amount of $10,355.19. The CCO is required due to a grade change proposed by the developer - Jerry Windschitl. The developer had more dirt on his grading project than he expected so, he revised his grading plan which we reviewed and approved and reviewed in the field. Leaving the plat at a higher elevation will cause extra cost to the water and sewer contractor, o & P Contracting. This CCO reflects those additional costs. I recommend approval. [ " MOTION BY TO COUNCIL ACTION SECOND BY '.~/ , I .~ I i I r . "- \._J JUL 10'90 0'3:58 T.I<.D.A. '" ASSOC. P.l CRANGE ORD!:R TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCOR~ORAT~D Engineers-Architects-Planners Change Order No. 1 St. Paul, MN July 2. 19~, Comm. No. 9~q5 for 0 & ~ Cnn~~~~tina You are hereby directed to make the following change to your contract dated March 20. , 1~~. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (not change) the contract sum by TRn Thousand Thr~e Hundr~d ~iftv-~ive and 19/100-------------Dollars ($ 10.355.19 AmU. 1. 92 LF 8" ~VC SDR 35 2. 89 LF 8" PVC sea 35 3. 129 LF 8" PVC SDR 35 4. Extra Depth MH 5. 35 LF 8" DIP Cl. 50 WM 6. 60 LF Surmountable C , E 7. 12 Lt 12" RCP C1 5 8. 1 EA 12" RC Flanged End Sec. 9. Bituminous Wear Course 10. AC Bituminous 11. 54 LF 4" Service Ri~er Amount of Original Contract Additions approved to date (Nos. Deductions approved to date (NoS. Contract amount to date Amount of this Change Order (Add) (Deduct) (Not Changed) Revised Contract Amount To ~{~y nf Andov~r.M1nnesc~~ for K~nsinqton ~~h (qO-~1 DEDUCT: 1. 72 LF 8" PVC SDR 3S 2. 104 L~ a" PVC SOR 35 3. 134 L~ 8" fVC SDR 3S 4. 60 LF 12" RC~ C1 5 5. 1 EA Catoh Basin 6. 1 mA Connect to mxist S.S~ Approved CITY or ANDOVER. MN By ) . 16-18 rt @ 18-20 r'1' @ 20-22 J't G 3.50 Lt G @ @ Q a 8.5 TN @ O.S TN @ @ $40.80 $42.80 $44.80 $70.00 $8.30 $4.50 $14,00 $450.00 $14.62 $131.84 4.00 $3,753.60 $3,809.20 $5; 779.20 $245.00 $290.50 $270.00 $168.00 $450.00 $124.27 $65.92 $216.00 'rotal + $15,171.19 10-12 rt @ 12-14 !'t @ 14-16 rt @ Ii 8 9 Total - $7.00 $8.00 $10.00 $14.00 $900.00 $400.00 $504.00 $832.00 $1,340.00 $840.00 $900.00 $400.00 $4,816.00 Total $10,355.19 $ $ $ $ $ $ 184.339.12 o 00 o 00 184,339.12 OWner Date Approved 0 ~ p CONTR~~TTNr. white - Owner* Contractor pink - Contractor* By Blue - TKOA'" Date Yellow - Field Goldenrod - Department Green - TKDA Main rile "'Only copies needing signatures. . " '--..-) CITY OF ANDOVER AGENDA SECTION NO. REQUEST FOR COUNCIL ACTION July 17, 1990 DATE ORIGINATING DEPARTMENT Engineering ITEM NO. ~'. WDE U date BY: Jim Elling will update the Council on the latest meeting concerning the WDE Site with SW-28 group, MPCA, etc. Attached is the proposed assessment formula for the WDE Site. The Council should discuss and approve as is or modify. ,-, MOTION BY TO COUNCIL ACTION SECOND BY '- ./ PROPOSED ASSESSMENT FOR SANITARY SEWER FOR THE LANDFILL (WDE SITE). \ I '-/ Typically property pays trunk area, connection charges and lateral benefit or lateral benefit on trunk. Area Charge The formula equates the flow from the proposed wells to residential equivalent units (REU). An REU in Andover discharges 87,000 gal/yr in to the sewer system. CRA, the consultants, estimate from 363 to 605 REU's. 363 REU z:; unit/AC = 145.2 Residential Equivalent Acres 605 REU ~ unit/AC = 242 Residential Equivalent Acres 145.2 REA X $912/AC = $132,422.00 242 REA X 912/AC = $220,704.00 Connection Charges 363 REU's X $232.79 = $84,503.00 605 REU's X $232.79 $140,838.00 The area and connection charges are estimated to be between $216,925.00 and $361,542.00. The trunk line that is adjacent to the property where lateral benefit on trunk could be charged at $22/front foot is not proposed to be used. The proposal is to by force main pipe the effluent to Bunker Lake Boulevard. If we assessed the WDE site for 1/4 mile of lateral benefit on trunk could amount to (22 X 1320) about $29,000. The $29,000 would be in addition to the $216,925 to $361,542 for the area and trunk assessments. I ) , ,