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HomeMy WebLinkAboutCC September 19, 2006 56\NDOvE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US Regular City Council Meeting - Tuesday, September 19, 2006 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval I. Approval of Minutes (8/29/06 Workshop; 9/5/06 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Plans & Specs/Order Quotes/06-40/Round Lake Boulevard NW & Bunker Lake Boulevard NW ffraffic Signal Improvements - Engineering 4. Waive Public Hearing/Adopt Assessment Roll105-39/Andover Station North Block 3 Improvements- Engineering 5. Waive Public Hearing/Adopt Assessment Roll105-58/3532 - 135th Avenue NWIWM - Engineering 6. Accept DNR MNReLeaf Grant/06-43/0ak Wilt Suppression Program - Engineering 7. Approve Receptionist Appointment - Administration Discussion Items 8. Receive Anoka County Sheriffs Department MontWy Report - Sheriff 9. Hold Public HearingfRoadway Reconstruction Assessment Policy - Engineering 10. Consider Zoning Ordinance Amendment/Establishing Closed Landfill Restricted Zone - Planning 11. Consider Comprehensive Plan Amendment/Change Landfill's Designation to Open Space - Planning 12. Consider Rezoning/Change Landfill Site Zoning to Closed Landfill Restricted - Planning 13. Consider Ordinance Amendment/City Code Section 9-1-6 Construction Near WDE - Planning 14. Consider RezoningfR-l to R-4/Property Located East of Prairie Road on Andover Blvd. - Planning 15. Consider Preliminary Plat/Hickory Meadows/Located East of Prairie Road on Andover Blvd. - Planning Staff Items 16. Reschedule November ih City Council Meeting - Clerk 17. Schedule EDA Meeting - Administration 18. Administrator's Report - Administration Mayor/Council Input Adjournment 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki Volk, City Clerk SUBJECT: Approval of Minutes DATE: September 19,2006 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: August 29, 2006 Workshop September 5, 2006 Regular Meeting DISCUSSION Copies of the minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, ~'d~ Vicki V olk City Clerk @ ANDOVER CITY COUNCIL WORKSHOP- AUGUST 29, 2006 MINUTES The Workshop of the Andover City Council was called to order by Mayor Mike Gamache, August 29,2006,6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. CounciImembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Administrator Jim Dickinson City Planner, Courtney Bednarz Assistant Finance Director, Lee Brezinka Others OPEN SPACE REFERENDUM DISCUSSION City Administrator Dickinson explained an Andover Council 2005-2006 goal is to explore open space preservation. Questions relative to open space were integrated into the recent community survey conducted by Decision Resources, Inc., which indicated that there is strong support for the City to purchase open space for the purpose of preservation. The survey also indicates that residents would be supportive of an increase in property taxes to support open space preservation in the amount of $20.60 on an annual basis. Council's discussion over these results has lead to the potential consideration of an open space referendum as part of the November 27 General Election. In response to that discussion the Council created the "Open Space Task Force" on July 18,2006 to prepare a report for presentation to the Council on September 5, 2006. (Councilmember Trude arrived at 6:05 p.m.) CounciImember Jacobson asked on the sample ballot question, the third line, air quality is not mentioned anywhere else. He thought they were reserving land and he wondered where air quality came into this and what would be the intent of the air quality cause. Mayor Gamache stated reading through the sample ballots and trust, for public land documents, there are two things that stand out. One is water quality and air quality is the other. What they are indicating to people is if they are not building more homes, roads and traffic, air quality will be better. They are protecting their open space to preserve quality. It is something people support. CounciImember Jacobson thought by indicating air quality, someone may come in and ask for something they did not intend. He wondered how they will say no to a request. CounciImember Orttel thought it is great if they could get these results out of open space, but he thought having this Regular Andover City Council Meeting Minutes - August 29, 2006 Page 2 in the provision will confuse people. Mr. Dickinson stated this is a point that is valid because if it is on a ballot as a question, it can be challenged by someone. Councilmember Jacobson wondered if they could use "to enhance air quality". The Open Space Task Force introduced themselves to the Council. Mr. Doug Falk stated he is always interested in being involved in the city and added he would like to see the urban area constrained to allow open space to remain in the rural areas. Mr. Lyle Bradley stated anything they do on land or water has a direct effect on air quality. He has been interested in this issue for years and he is happy Andover is looking into this. Any decision the Council makes would have an effect on people fifty years down the road. Mr. Mark Miskowiec thought anything to preserve land is a good idea. He thought iflarger cities are doing this, Andover should be able to do it also. Mr. Winslow Holasek stated he has always been interested in what happens in Andover. Ms. Rosella Sonsteby thought they are coming up with this at the wrong time. People are losing their jobs and homes and she thought there is plenty ofland that Andover has now. She indicated she is against this. Mayor Gamache stated that is the reason they are bringing this to a referendum to give the people the ability to approve or deny this. Councilmember Trude stated the question is not clear how it is written regarding air quality. Councilmember Jacobson stated on the commonly asked question sheet, item two, they are also talking about the trail system. He thought they should add "and to enhance the trail system" to this. Councilmember Orttel thought the primary issue is to obtain open space and they will connect trails to it. He stated if they build trails, there will not be any money for land. Mr. Dickinson stated the money will be for land and through this they can connect regional trails to this. Councilmember Trude stated she would like that added so people are not confused. Mayor Gamache stated this was discussed in the Task Force meetings. The trails will be different than the trails they already have and is a way to tie the existing trails together. They want to preserve the land the way it is but they also want the land to be used. Councilmember Trude stated they need to answer the question, "Will the money be used to pave trails?" She wondered what the role of trails with open space is. She stated they need to explain Regular Andover City Council Meeting Minutes - August 29, 2006 Page 3 how they plan to enhance the trails in the common questions. Mayor Gamache stated there are other ways they pay for trails. The intent of this is to buy land. Councilrnember Orttel stated a lot of the open space does not need access; the idea is to leave areas open. He thought they could reword the question to say "To access the open space". Mr. Holasek stated trails have two purposes, transportation and nature. Mr. Falk asked if they could add in not to have a paved trail because they want to keep it natural. Councilrnember Trude stated they do not know what they are going to do with the trails because she understood paved trails are less obtrusive to nature. Mayor Gamache reviewed how else they will raise money to purchase open space besides taxes. Councilmember Orttel asked if they could bond off the proceeds of the original bond. Mr. Dickinson stated they could. Ms. Rosella Sonsteby asked if this is just to buy land or to build trails also. Mayor Gamache explained what they would like to do but they will not be paved transportation trails. Councilrnember Jacobson asked how much it will cost to put this on the ballot. Mr. Dickinson stated the County has not told him what it will cost but he figured it will be minimal. Councilmember Jacobson asked if it will pass on a simple majority. Mr. Dickinson stated that is correct. Councilrnember Trude thought it would be a good idea to show this to people who do not know anything about it and see what they would say. Mr. Dickinson explained how the task force came up with the ballot question. Councilmember Trude thought better wording would be to say "And to offer Nature Trails" instead of "To enhance the trail system". Mr. Dickinson stated the only problem with that is if they purchased land that they had planned to put a transportation trail on before even purchasing the land, there may be a problem putting a transportation trail on the land after purchase with the open space money. Councilrnember Orttel stated they should word it to say "To enhance the use and accessibility of the Nature Trail". Councilmember Jacobson thought the committee should work through this issue. Mayor Gamache thought the reason they worded this to say "enhance the trail" is to indicate different Regular Andover City Council Meeting Minutes - August 29, 2006 Page 4 things could be done with this. The goal is to keep the open space and the trails will be the last thing. Mr. Dickinson explained to the Council the language that is required by State Statute and the changes that were made to the ballot question as a result. There was discussion about how confusing the description of the amount of the tax was at the bottom of the ballot question. There was a consensus that the statement relating the amount to the value of homes should be added back if legally permissible. Mayor Gamache asked Mr. Dickinson to look into this further. Councilmember Grttel stated this is not going to be sold at the ballot box; it will be sold before then so he did not think the wording will make that much difference. Mr. Dickinson indicated they will work to bring this information to the next Task Force meeting for discussion and review. 2007 PROPOSED BUDGET & 2007 TAX LEVY REVIEW City Administrator Dickinson explained the Council has a number of reviews for the 2007 Proposed Budget that will be supported by the 2007 Tax Levy. At the last meeting only a few questions remained. Mr. Dickinson reviewed the questions with the Council for discussion. Councilmember Knight stated he would like to have Laura Landes go out and promote public services more each month. Community School Budget Councilmember Jacobson asked if there is any indication from Community Ed if they did not provide $43,000 a year, would they drop the programs or would it continue. He asked what is being provided for this money. Mr. Dickinson explained what is provided. Councilmember Jacobson thought this is one area they should look at. Councilmember Orttel stated they need to review this to see if there are duplications. Councilmember Trude stated the School District indicates they would try to do the best they could if they did not get the money. Mr. Dickinson stated the School District would have to work with the levy dollars provided for this community if there is not a donation from the City. Councilmember Jacobson would like to see a letter indicating what would be done if Andover did not contribute money. Councilmember Trude stated she will not support moving $43,000 to the Community Ed program. Regular Andover City Council Meeting Minutes - August 29, 2006 Page 5 Councilrnember Knight asked where the change in medical came in. The Council discussed salaries and benefits with staff. Mr. Dickinson indicated the 2007 percentage of salary increases will be 4.65% which includes steps and cost of living increases. Councilrnember Trude asked if they need additional police in 2007. She thought it was a want, not a need. Mr. Dickinson stated by the end of2006 they will need one additional police officer. Councilrnember Jacobson wondered how many lobbying associations the City needs. Mayor Gamache indicated AMM said they may be able to get someone on the board from the Council. Mayor Gamache indicated all of the surrounding communities are in the AMM. Mr. Dickinson indicated this is in the 2007 budget. Mr. Dickinson stated there will be an increase in health insurance and they may be able to get some money for Youth First. Councilmember Trude stated she wants to make sure the Community Center program is funded for after school activities. Councilrnember Orttel indicated the program does not include the entire City and he could not see justifying funding the project if it did not include the entire City. He thought they should charge a minimal fee for children after school. Mayor Gamache asked what they are doing with the School District wanting to use the Community Center. Mr. Dickinson explained what the Community Center is planning to do to help out the School District. Councilrnember Trude thought the kids need predictability and need to come after school. She indicated that this stops juvenile delinquency in the community. Motion by Councilmember Jacobson, Seconded by Councilrnember Trude, to hold initial hearing date for Tuesday, December 5, 2006 at 7:00 p.m. with continuation for Tuesday, December 19,2006 at 7:00 p.m. for the Truth in Taxation Meeting. Motion carried unanimously. 2007-2011 CAPITAL IMPROVEMENT PLAN REVIEW City Administrator Dickinson stated city departments have prepared a proposed 2007-2011 CIP for the Council's review. There are also various rate analysis and cash flow projections used during the process. Mr. Dickinson reviewed the proposed projects with the Council. Councilrnember Jacobson stated on page 59 of the CIP Plan, it talks about $385,000 for Andover Station North Ball Fields. It indicates $300,000 to light the field and he wondered if they indicated they were going to light the fields right away. Mr. Dickinson stated they are not. Regular Andover City Council Meeting Minutes - August 29, 2006 Page 6 Councilmember Trude stated she is concerned with the concession stand the Baseball Association proposed. She asked ifit is between lighting and a building, which would they want. Mr. Brezinka indicated the Baseball Association donated around $70,000 with another possible $20,000 before the end of the year. Mr. Dickinson thought the shell of the building will be around $100,000. Mayor Gamache thought they will have a lot of volunteers to help finish the building. Mr. Dickinson indicated the City is providing the water and sewer there. Councilrnember Jacobson stated on page 83, Lunds Evergreen 4th and 5th Additions, was this the only one for 2007. Mr. Dickinson stated they have not updated the CIP since last discussion. Councilrnember Knight stated on pages 47, replacing vehicles, why are they going to spend $40,000 on a new Fire Chief vehicle. Councilrnember Jacobson stated it is slated to be replaced in 20 10. Mr. Dickinson stated at the point of possible replacement they will review the costs and determine if it will be wise to replace the vehicle or keep it. Councilrnember Jacobson stated on page 72, it shows $400,000 for the Crosstown Boulevard Trunk Sewer Line. He wondered why they are doing this now. Mr. Dickinson stated this was integrated early and if Crosstown were reconstructed, they would put it in then. Councilrnember Jacobson stated it will be put in but no one will pay for it except the City. Mr. Dickinson stated that is correct. He thought this needed to be looked at and possibly pulled out further. Councilrnember Jacobson stated the Rural Reserve and bringing up the main sewer line, what year will that occur. Mr. Dickinson stated it will take 18 months to 2 years from start to finish. He stated the way the economy is, he did not see the Rural Reserve would be coming in anytime soon. Mayor Gamache stated a resident wondered if there were any emergency plans for bringing people to the Community Center in an emergency situation. He wondered if they need to set up an official plan for major catastrophes. He wondered if there is any money in Home Land Security funds to do something like this. Mr. Dickinson indicated they already have an emergency plan in effect for such catastrophes. OTHER BUSINESS Post Office Window Support Councilrnember Trude thought in new developments they should have an ordinance for locked mailboxes. The Council discussed why the Andover Post Office does not have a window and why the Post Office put a window at Super America. The Council thought staff should check into this further and indicated the City Council would support putting in a window at the Andover Post Office. Regular Andover City Council Meeting Minutes - August 29, 2006 Page 7 Septic System Update Mr. Dickinson indicated the owner has a blocked septic system. He reviewed what happened with the Council. Park Renaming Item for the City Council Agenda Mr. Dickinson stated Renaming of Parks and Trails will be on the September 5,2006 City Council agenda He reviewed what will be in the staff report. Joint Meeting with Parks Commission Mr. Dickinson stated they will be discussing some policy issues with the Park Commission. He indicated he will get the Council an agenda as soon as possible for this meeting. Councilmember Trude asked if they are going to get anything done at Crosstown and Nightingale. Mr. Dickinson stated it is in the plans for 2007. Councilmember Knight stated regarding the bow hunting, will this be something the City will consider doing. Councilmember Orttel stated they are going to have a public hearing regarding this and he thought the residents will probably be against it from what he has heard. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 8:09 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - September 5, 2006 Page 21 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 5, 2006 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... I RESIDENT FORUM ................................................................................................................. I PROCLAMATION - CONSTITUTION WEEK - SEPTEMBER 17-23, 2006....................... 3 AGENDA APPROV AL............................................................................................................. 3 APPROVAL OF MINUTES...................................................................................................... 3 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 3 Resolution RI02-06 declaring Cost/Order Assessment RollJ05-39/Andover Station North Block 3 Improvements.. ... ................. .............................................................................. 3 Approve Quit Claim Deeds/05-11/Tulip Street NW ........................................................... 3 Approve Quotes/04-55/Public Works Site Expansion Phase II........................................... 3 Resolution RI03-06 declaring Cost/Order Assessment RollJ05-58/3532-135th Avenue NWIWM .........................................................................................................................3 Resolution R104-06 approving Final PlatlParkside at Andover Station 2nd Addition......... 3 Approve Lawful Gambling Exempt PerrnitlDucks Unlimited ............................................ 4 Approve Lawful Gambling Exempt Permit/Andover Wrestling Club ................................ 4 Approve Appointment Secretary A...................................................................................... 4 Approve Quote/Authorize Expenditures for Lift Station #1................................................ 4 Approve Contribution to Anoka County Sesquicentennial (RI05-06)................................ 4 Award Bids - Surplus Equipment (Resolution R106-06).................................................... 4 PUBLIC HEARING/ORDINANCE AMENDMENT/DEER HUNTING REGULATIONS Motion to Open Public Hearing............................................................................................ 4 Motion to Close Public Hearing ........................................................................................... 9 Motion to deny Change.........................................................................................................9 CONSIDER NOVEMBER BALLOT QUESTION - OPEN SPACE REFERENDUM Motion to approve the Resolution (Resolution Rl 07-06)..................................................... 10 CONSIDER LOT SPLIT/I947 - l61sT AVENUE NW Motion to Approve (Resolution Rl 08-06)............................................................................ 11 CONSIDER CONDITIONAL USE PERMIT/USED AUTOMOBILE SALES/I6l91 ROUND LAKE BOULEVARD Motion to approve (Resolution 109-06) ............................................................................... 12 CONSIDER BUSINESS LICENSE/USED AUTOMOBILE SALES/I6l9l ROUND LAKE BOULEVARD Motion to approve ........ ............. ......................... ............................. ....... .................. ............. 16 ADOPT 2007 PRELIMINARY TAX LEVY Motion to approve (Resolution Rl 10-06)............................................................................ 16 ADOPT 2007 DEBT SERVICE LEVY CHANGES Motion to approve (Resolution RIII-06)............................................................................ 16 COMMUNITY CENTER ADVISORY COMMISSION APPOINTMENT..................;.......... 16 Regular Andover City Council Meeting Minutes - September 5, 2006 Page 22 Regular Andover City Council Meeting Minutes - September 5, 2006 Table of Contents Page ii APPROVE POLICY FOR NAMING AND RENAMING OF PARKS/PARK FACILITIES AND TRAILS .................................................................................................. 17 APPROVE AMENDMENT TO CITY CODE (TITLE 0), SECTION 3- I b- l2/LIQUOR LICENSE CONDITIONS (Ordinance 332).......................................................................... 18 SET TRUTH IN TAXATION HEARING DATE..................................................................... 19 SCHEDULE SEPTEMBER COUNCIL WORKSHOP............................~................................ 19 SCHEDULE EDA MEETING ................................................................................................... 19 ADMINISTRATOR REPORT .................................................................................................. 19 MAYOR/COUNCIL INPUT WI - FI Status. .......... ................................................ ........................ ........................ ............... 19 Renting Rooms out on Primary and Election Night at City Hall.......................................... 20 Community Center Open House ........................................................................................... 20 Recycling Day...... ...................................................................... ...... ....................... ..... .... ..... 20 Drainage Pond Issues ............................................................................................................ 20 Andover History........................................... .......................... ...................... ......................... 20 Gambling Establishments in Andover ..................................................................................20 Primary Election Day ............................................................................................................ 21 ADJOURNMENT......................................................................................................................21 REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 5, 2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, September 5, 2006, 7:01p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilrnembers present: Councilrnember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson City Planner, Courtney Bednarz Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Todd Ganz. Merit Development - Stated he was at the meeting to show the Council a colored sketch with pictures of Oak Villas of Andover. He stated he made some minor changes of the sketch plan per their previous discussion. Councilrnember Trude asked if the PUD is 40% more homes. Mr. Gans stated it is. Councilrnember Trude asked ifthere is the extra road going out onto Gladiola. She asked if the cul- de-sac is more than 500 feet offEidelweiss. Mr. Ganz indicated it is. Councilrnember Trude asked if the Council decides to give the variance for the cul-de-sac, would this give him another home and more trees saved. Mr. Ganz stated they would get one more home. If the variance was allowed where the street ran, they would be losing a triple to quadruple row of existing pine trees that are 40 feet tall. Councilmember Trude stated that would be her preference between the two. She stated she would not run the road out to Gladiola. Mr. Ganz indicated the turn lane and path coming off the cul-de-sac and sidewalk has been drawn in. There is also room to run the sanitary sewer and water will be run down to Edelweiss with a fIre hydrant for a future extension. Councilrnember Trude asked if the lots are 50 by 100 feet. Mr. Ganz stated they are deeper than that. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 2 Most are 140 to 175 feet deep. He stated a concern at the last meeting was the buffer between the existing homes on Edelweiss. There are really no trees being removed by laying the home off the cul-de-sac so the buffer that is there would remain. Councilmember Knight asked in the R-4 plan if all the lots meet the ordinance. Mr. Ganz statedthey dO'and there are no variances. Mr. Ganz showed photos of the types of homes they intend to build. Mr. Frank Kellogg~ 15120 Zilla Street NW - Indicated that he and Mr. Tony Howard were at the meeting regarding an article in the Star Tribune regarding the Hockey Association. He stated he could understand baseball's concerns however he wanted to bring to the attention of the residents of Andover, the issues regarding hockey in Minnesota and the United States. Mr. Kellogg stated with the integrity being brought into question, he wanted to point out a couple of things. He stated the reason hockey is considered an elitist sport is because they have to payout an exorbitant amount of money per hour for ice time. He wondered what would happen if they went to organizations and asked for the amounts other associations ask for. In Andover there is about a million dollar swing between what hockey does versus the other infrastructure field sports do in terms of costs associated. Mr. Kellogg stated he applauded Mr. Howard for going out to try to look for additional income in order to support hockey. The real key to getting kids to participate is on the front end. With the dollars associated with the win of charitable gambling money for hockey, they could have all 200 of the mites skate for free this year and next year it could be more. The purpose is to bring down membership costs. The intent was not to come out and target other sport associations. Mr. Kellogg stated all he was looking for was parity. $125,000-$150,000 in the swing fiscally is only a small portion as they begin to look at the article and read the true spread as how it stands today. It concerns him that people like Mr. Howard or others are brought back onto the table relative to integrity and in reality they are doing their jobs as board members to lower costs. Mr. Kellogg reminded the Council that hockey is doing their part in the community. He thought this was a good thing because if they can get their youth supported at a younger age, there will be more kids playing and it will be more affordable from the start. He stated this is a good thing and he applauded anyone trying to reduce the costs of the membership participation coupled with the taxpayers' subsidy. Mr. Robert Iverson. 13551 Edelweiss Street NW - wanted to comment on the plans Mr. Ganz brought forward to the Council. He understood Mr. Ganz's logic that he wants to present the plans to the Council and public at the same time but he was not sure that the public that is interested in that issue are present. He was pleased there is another step in the process but it leaves the impression that Mr. Ganz was trying to slip something by on the neighborhood again without their input. In the future he hoped Mr. Ganz would let them know what the plans are so that he can get neighborhood Regular Andover City Council Meeting Minutes - September 5, 2006 Page 3 input. PROCLAMATION - CONSTITUTION WEEK - SEPTEMBER 17-23, 2006 Mayor Gamache read the Proclamation proclaiming September 17-23, 2006, Constitution Week. AGENDA APPROVAL Add to the Consent Agenda Item 14a, (Award Bids - Surplus Equipment). Remove from Consent Items for discussion Items 14, (Approve Policy for Naming and Renaming of Parks, Park Facilities and Trails); and Item 10, (Approve Amendment to City Code (Title 3), Section 3-lB-12/Liquor License Conditions). Motion by Trude, Seconded by Jacobson, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES August 15, 2006, Regular Meeting: Correct as written. August 22, 2006, Workshop Meeting: Correct as amended. Councilmember Trude stated on page two of the workshop minutes there is a statement with five years and it needs to be prefaced with "more than five years". This had to do with the time period over which assessments would be paid off. Motion by Jacobson, Seconded by Trude, approval of the Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Item 3 Item 4 Item 5 Item 6 Item 7 Item 8 Approval of Claims Declare Cost/Order Assessment Roll/05-39/Andover Station North Block 3 Improvements (See Resolution R1 02-06) Approve Quit Claim Deeds/05-11/Tulip Street NW Approve Quotes/04-55/Public Works Site Expansion Phase II Declare Costs/Order Assessment Roll/05-58/3532 - 135th Avenue NWIWM (See Resolution R1 03-06) Approve Final Plat/Parkside at Andover Station 2nd Addition (See Resolution R1 04- 06) Approve Lawful Gambling Exempt PerrnitlDucks Unlimited Regular Andover City Council Meeting Minutes - September 5, 2006 Page 4 Item 9 Item 1 I Item 12 Item 13 Item 14a Approve Lawful Gambling Exempt Permit! Andover Wrestling Club Approve Appointment Secretary A Approve Quote/Authorize Expenditures for Lift Station # 1 Approve Contribution to Anoka County Sesquicentennial (Res. Rl05-06) A ward Bids - Surplus Equipment Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried 4 ayes, 1 present (Jacobson). Councilmember Jacobson stated he wants to change his vote to present because he has a conflict of interest with Item 4. PUBLIC HEARING/ORDINANCE AMENDMENT/DEER HUNTING REGULATIONS City Administrator Dickinson explained the City Council is considering adopting a change to the Firearm/Bow Discharge Map, which illustrates where hunting and shooting activities may take place in the City. Several property owners in the Prohibited Zone have requested that their land be placed in Restricted Zone 2, which would allow them to hunt deer with bows & arrows on their property. Mr. Dickinson reviewed the information with the Council. Councilmember Trude asked for clarification on how this item was brought to the Council. Mr. Dickinson explained. Commissioner Knight asked how many of the parcels would be 2.5 acres or greater. Mr. Dickinson stated at minimum they are 2.5 acres but some could be larger. Mr. Bednarz showed the corrected shaded area proposed for bow hunting. Councilmember Trude asked if this was an error in publication or notification. Mr. Dickinson stated they need to only consider the area east of Prairie Road. Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to open the public hearing at 7:34 p.m. Motion carried unanimously. Mr. John Beam, 121 Andover Boulevard, asked if this would permit only the landowner to hunt on their property. Councilmember Orttel indicated that is correct. Mr. Beam asked how the permission aspect happens. Councilmember Trude stated it would need to be written permission of surrounding neighbors. She stated they have to look at their ordinance. The other Councilmembers indicated there is no ordinance pertaining to this. Mr. Dickinson stated he would enhance bullet item two indicating they would have to get written permission of all adjacent property owners. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 5 Mr. Beam asked if this meant that no people other than the property owners could hunt. Did this mean relatives of the property owner could not hunt on the owner's land. He wondered where the line is. Councilmember Trude stated their existing ordinance refers to immediate family but that is in regard to farms. Councilmember Orttel indicated on large parcels, it could only be immediate family. Councilmember Jacobson referred to Chapter 4 of the ordinance regarding weapons. City Attorney Hawkins stated the ordinance does not state anything regarding immediate family. If they want to limit it to only family members it should be included. Councilmember Orttel thought their intent would be to only allow immediate family and relative's authorization to hunt. Mr. Beam assumed the hunter would need a license and he wondered if there was any concern about bonding for reparations in case of damage to adjacent properties. Councilmember Orttel thought it was standard property law that if there was damage, they would need to pay to repair it. Councilmember Trude stated there is no City license discussed so State Law allows anyone over a certain age to go without any training to get this license and the time period is several months. Councilmember Orttel stated they have to follow the State Law. Mr. Beam stated there is also a standard hunting procedure that a wounded animal may be followed by the hunter. He wondered if that will prevail here. Councilmember Knight indicated that is State Law. Mr. Beam saw some real concerns in terms of hunting an animal that may be injured and may barge onto someone else's property where there may be young children. He thought this was a real liability and should be looked at. Mr. Dickinson stated regarding the notifications, the mailings and advertisement did go out appropriately. Ms. Arlene Elin, 137 Andover Boulevard, stated her parcel is 3.5 acres and she is not interested in having any bow hunting on any of the properties. She stated Mr. Beam's property and hers have the bulk of the forests and she enjoys seeing the deer on her property. She is not at all for this and thought there was a huge safety issue with this. She stated an injured deer hit by a bow is going to go where they know they are safe which the woods are. She stated she is totally opposed to this. She thought if they wanted to present a proposal for thinning a heard of deer they should do that but this is a proposal to change the zoning to allow hunting. They are two different issues. There have been no studies from the DNR to say how many deer are in the area and is the concern wanting to hunt or wanting to thin the heard. She did not see the concerns anywhere regarding too many deer in the area. Ms. Ruth Moss, 147th and University Avenue, stated they have a lot of deer in their area but she is against having bow hunting on her property or surrounding area. She thought no trespassing signs in a residential area would be out of place and she wondered who would clean up the area after hunters came through. She thought there was a better way to control the deer population. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 6 Mr. Doug Kelly, 14745 Evergreen Street, stated he is for the bow hunting being reinstated. He would like the right to make that choice. He did not think people would come from the outside to hunt on their properties but he would like the right to hunt in his backyard if they had the choice. He indicated goose hunting is permitted close to their homes with shotguns on forty acre parcels. This is also open for deer hunting with slugs and shotguns. Ms. Linda Meyer, 155 Andover, stated they have been there five years and have spent the last four years pushing their lawn further back and it is a beautiful backyard. She noted her grandchildren play out there. The thought of deer hunting going on in their back yard is out of the question. She stated they live in a residential area with other homes and people. The resident next to her feeds the deer. She did not think hunting deer should be permitted in their backyards. Mr. Don Wilson, 14920 University Avenue NW, stated he is in favor of hunting with bows. He did not think anyone would be injured. He also thought that if a deer is shot, it needs to be followed to take care of them. It is the law and a hunter cannot just leave a wounded deer. He thought if the City wants to make some laws regarding this they should and the hunters will follow them. Ms. Shirley Beam, 121 Andover Boulevard, passed out and read a letter regarding this item to the Council. Mr. Jeff Price, 330 1 46th Lane, stated he has had 34 years experience and he has yet to trespass. It is up to him to fmd the boundaries; it is his responsibility. They have a whole book oflaws. He has heard that a lot of deer have been killed on Andover Boulevard and he wondered who benefits from that. They have automobile damage, life safety issues and the deer goes to waste. He wondered why they won't let a hunter take a deer and benefit from the meat. He did not see a problem with that hunt. He noted elevated stands are very safe for bow hunting and he thought hunters use ethics. He stated it is right to ask permission of the property owners to go on their property. Ms. Cynthia Fetser, 172 146th Avenue, stated she is not a hunter; she is a veterinarian. She has lived in the area for several years and has seen them go from one or two deer in their yard to maybe twelve or thirteen deer in their yard. She is concerned about the deer population and how they are getting hit and killed on the road. She stated the hunters she knows that want to hunt in her neighborhood are extremely responsible people who take hunting seriously. They want to hunt and not wound and to make sure the animals are not suffering. The hunters she knows that want to have this passed feel strongly about making sure theses animals are not wounded. She supports them being able to do that on their property if they get permission from the people around them. Mike Engelmann and Nancy Engelmann, 14835 Evergreen Street NW, stated their concern is about safety. They presented a letter to the Council and showed a drawing of their property and the shooting radius allowed in Andover. Mr. Engelmann stated he could not place the radius anywhere on his property and be the required shooting radius of 150 feet from any occupied residence. He stated they are against the bow hunting. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 7 Mr. Adam Winiarczyk, 14942 Evergreen Street, stated they are strongly opposed to this change. Andover is a rapidly developing and populated suburban area now and opening up more residential areas to hunting is not the direction the City should be moving in. The City should be moving in the opposite direction for this reason. They are not a rural area anymore. This area under consideration is relatively small but there are always a lot of children, walkers, drivers and bikers outside at all times. He stated he is not against hunting. He is a hunter himself but is considerate to go up north to hunt. He did not think this is safe. Ms. Marsha Murphy, 14826 Butternut Street NW, stated there are more deer than twenty-five years ago but there is also more population in Andover. She stated if this change is passed she could have four neighbors hunting at the same time. She has a strong concern for her children and they go to school and come home during prime hunting time. She is totally against this. Mr. Pat Cahill indicated he is at the meeting representing Chris Wallace at 225 Andover Boulevard. He is a hunter but has some concerns as far as the bow hunting goes. There are some issues regarding the population of deer and he has been around that area enough to know that it is not a biological caring capacity that they are worried about; it is a social caring capacity which is how many deer that people in the area will tolerate. That area could probably handle two to three times the number of deer biologically than it has now. It all comes down to how many car kills and how much people will tolerate. A legal issue that would need to be addressed is people that do feed in their backyards on a two and a half acre lot. If you are two lots away and those deer are heading to that feeding pile, there are some baiting issues that run within the State of Minnesota and those would have to be addressed. As far as trespassing to pursue wounded game, he was almost sure that if they leave the property and go to the next property, unless they have permission from that owner, they cannot carry a weapon with them to go to the next property but they can pursue the wounded game. Mr. Cahill stated if the property owner does not give permission, the only way they can go on the property is with a Conservation Officer or someone appointed from the DNR. He did know that on small 2.5 acre lots, they are going to have a percentage of deer that do get hit with a bow, even a fatal hit that are going to leave the property. He stated it is up to the bow hunter to follow the game. Mr. Cahill stated he is not opposed to hunting himself but he thought there are some issues that need to be addressed. He stated the only thing that he knows is that any of the hunts he has been involved with in small tracts ofland like this, those allowed people from outside areas. This one will not but everyone has to have a bow hunting certification through the State of Minnesota and they also have to pass a proficiency test to show they are capable of hitting a certain number of arrows in a designated size target at twenty yards. With those kinds of restrictions he thought it was possible to hold a hunt but it takes some time to get those things in play plus getting everybody else in the neighborhood understanding what is happening and also having a general consensus of everyone there that knows what is going on. He also did not think that if they are going to have a hunt that they could have it at the beginning of the season, which starts September 16 and ends on December 31 st. Most of the hunts that they do run a period of three or four days and they try to pick the days where people are not going to be out and active. Most of them they do run late in the year and most Regular Andover City Council Meeting Minutes - September 5, 2006 Page 8 of the time snow is on the ground. That way it is easier to follow game. Most people are not outside playing and they are notified that on certain days there will be hunters there and it would be tightly regulated. His biggest concern is the way this is written is that it is pretty loosely regulated and does not leave a lot of room for safety issues and general concern of how it is presented to the public in the form of bow hunting. He thought if they are going to do something like this, they do it in the best way possible for the image of bow hunting to the public in the area. Councilmember Orttel asked what another way of getting deer is. Mr. Cahill stated they could hire a sharp shooter, which would be pretty expensive. Councilmember Orttel stated they originally wanted to have a hunt for a couple of days but the DNR would not allow that so the City needs to expand their hunting area to allow bow hunting during the entire hunting season which seems pretty liberal. Mr. Cahill stated they could also trap the deer, which would also be pretty expensive. He stated the most effective way has been through hunting and it can be done through bow hunting and he would like to see it done on pretty tight parameters so it is controlled and they do not have a black eye coming out on the bow hunting issue. He stated some of the hunts, like Bunker Hills, have worked to control the deer population. Commissioner Knight asked how high an elevated stand typically needs to be. Mr. Cahill stated there is no height restriction and the only regulation they use is that they do not have screw-in tree steps. As far as height, it is what the State ofMN says and a portable stand has no height restriction on it. Mayor Gamache asked if this area has quite a bit more space left before it biologically becomes an issue. Mr. Cahill stated when they start looking into a forest and can see from head high to the ground that there is no vegetation that is when there are way too many deer. He stated they are a long ways from that. Councilmember Trude indicated she is not certain if they investigated the route that Bunker Hills uses. Mr. Dickinson stated they looked at that process early on and that is an option afforded to them if they are willing to go through the costly fly-over concepts with DNR officials. It has to be completely petitioned of the DNR and the DNR has to do the review, counts via an aerial and it is very costly. He stated a project of this size does not meet the DNR criteria. Councilmember Knight stated a correction is with a wounded animal. They can go onto other properties with a weapon. When pheasant hunting you have to leave the weapon behind. Councilmember Trude asked if it is correct that at a certain age a person could get a license without any training for bow hunting. Mr. Cahill thought there was something now that stated under a certain age you need to have a bow hunting certificate to now get a license in the State of Minnesota. Councilmember Trude thought a concern the residents have is the State does not regulate the quality of people pulling that license. Mr. Cahill thought this was something the City could require, that a person would have to have the certification in his possession to hunt. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 9 Mr. Wayne Regotta, 134 146th Lane, agrees with the people on the other side of Andover Boulevard. He asked if this only includes the bow hunting of deer or other things. Mayor Gamache stated it is to just bow hunt deer. Mr. Regotta stated he does not support this change. Mr. Ray Sowada, 14921 Butternut Street, stated he has lived in the area since 1978 and they have had very few deer but as the population of Andover starts growing and the houses appear, the deer start going in the treed areas. He stated a lot of the deer come up from Bunker Hills and work their way up to the area when they have the hunting season down in the park. He started this to get something going and to include the 2.5 acres for the deer hunting. He has bow hunted since he was twenty years old. He indicated he is for this hunt. Councilmember Trude asked if Mr. Sowada would have a problem getting his neighbors to allow him to hunt on his property. Mr. Sowada thought his neighbors would allow him to hunt. Motion by Councilmember Jacobson, Seconded by Councilmember Trude, to close the public hearing at 8:28 p.m. Motion carried unanimously. Mayor Gamache stated he had several questions. He is not familiar with the history of why the hunt area moved north and he would like to have staff look into this. He stated some of the things Mr. Cahill brought up were pretty interesting because some of the concerns he has are if they are to do this, it be done correctly. Some of the issues the residents have are legitimate; however, for some it is just in their backyards where hunting is already allowed. Mayor Gamache stated they may want to look at requiring a bow hunting certificate in order to bow hunt. A resident asked if they should require a rifle hunter to also have a certificate because rifle hunting is allowed just to the north of them. Mayor Gamache indicated he wants to have staff look into this. Motion by Councilmember Trude, Seconded by Councilmember Jacobson, to deny the change. Councilmember Knight stated he is a bow hunter and he could tell them from both sides of the issue there are some very valid positions. First of all, deer hit with an arrow rarely go less than fifty yards; usually it is one hundred or more. Deer are involved in car accidents at an unbelievable rate. There is a problem with deer. Deer also destroy a lot of plants in yards and it is a dilemma Hunting in the next yard is also a dilemma. He did not know how they could get all the neighbors to consent to a hunter bow hunting on their property. He also wondered how tall a stand needs to be. He has had more calls opposing this than opposing anything else in a long time. Councilmember Jacobson stated he once lived in this area and there are a lot of unanswered questions. He did not think the take on the deer would be very many in terms of numbers that would solve their problem. While he understood there is a problem he did not know if the way being proposed is the right way to do it right now. If they are going to do something, he thought it needs more thought and consideration and he would not be able to vote for it this year. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 10 Councilmember Trude indicated she is also against this because of the safety issue for the children. She thought three months was too long to allow a hunt to happen especially with children going to school and walking in the area. Councilmember Grttel stated there are two problems he has. In the discussion most of it had to do with the technicalities of how they could fit hunting into 2.5 acre areas and he thought this was foolish because half the city does this and they have done it for thirty years or more and there has never been a problem of any type. The issue is if there is a problem, no one is addressing the problem. The neighborhood came to them indicating there was a problem and asking for a solution. He stated he was surprised there was no other way than to harvest the deer. He was also surprised they would use shot guns in Ham Lake because he was told they did not. He stated there is a problem that ought to be addressed before it gets worse. Mayor Gamache felt they need more information before they either approve or deny the change. He was not ready to go ahead with a vote to say no to make a change. Councilmember Trude stated the reason she made the motion to deny was because the people have been disturbed in their neighborhood with the information that deer hunting may happen in their neighborhood and they are concerned about everything the Council has heard about and she did not see that postponing this decision will give them the ability to go home and relax and not worry. She counted twelve people that spoke against it and she has had phone calls and emails from others opposing this. She stated if this is postponed to get more information, the implication is this may happen and the residents will need to stay tuned and she felt this is not a good way to leave all the people that came to the meeting. Motion failed to deny the change on a 2 ayes, 3 nays (Knight, Gamache, Orttel). Mayor Gamache stated there have been no changes to the ordinance so hunting is still not allowed in that area. Councilmember Knight stated feeding the deer did not do them or the public any good because it is encouraging the deer to be around and gather and cause problems. CONSIDER NOVEMBER BALLOT QUESTION - OPEN SPACE REFERENDUM City Administrator Dickinson explained an Andover Council 2005-2006 goal is to explore open space preservation. Questions relative to open space were integrated into the recent community survey conducted by Decision Resources, Inc., which indicated that there is strong support for the City to purchase open space for the purpose of preservation. The survey also indicated that residents would be supportive of an increase in property taxes to support open space preservation in the amount of $20.60 on an annual basis. Regular Andover City Council Meeting Minutes - September 5, 2006 Page I I Ms. Gretchen Sable, 3540 l53rd Avenue, presented information to the Council regarding the Open Space Referendum. Motion by Jacobson, Seconded by Knight, to approve the Resolution calling for an election on $2,000,000 General Obligation Bonds. Councilmember Trude thanked Ms. Sable for the presentation and the Councilmembers on the committee. She also thanked the residents who volunteered for this committee. Mayor Gamache agreed and also thanked the residents on the committee. Councilmember Jacobson asked if the task force needs to be dissolved at the meeting or do they wait for a period and ask for a new committee. Mr. Dickinson stated the task force members still want to be involved and the task force had a specific mission. If there is another directive, he thought the group would be more than willing to work on it but they have to be cautious as they do deal with referendum questions. They cannot be out there actively doing a vote yes with sponsorship of the City. Councilmembers individually can be supportive of an open space referendum. The City can provide questions and answers and strictly the facts. Mr. Dickinson stated each one of the members on the task force would like to be considered for further work that the City may have. Mayor Gamache thought they should dissolve the task force because there is nothing else to do between now and the election date and then a new committee can be formed if the referendum passes. Councilmember Trude agreed. Motion carried unanimously. (Resolution R106-06) Motion by Jacobson, Seconded by Trude, to officially dissolve the Open Space Task Force and by doing so, authorize City Staff to develop a letter of commendation to be signed by the Mayor and Councilmembers thanking the committee members for their work. Motion carried unanimously. CONSIDER LOT SPLIT/1947 _161sT A VENUE NW City Planner Bednarz stated the applicant is proposing to split the existing 37.866-acre parcel into two lots. Mr. Bednarz discussed the staff report with the Council. Motion by Knight, Seconded by Orttel, to approve the proposed lot split. Motion carried unanimously. (Resolution R107-06) CONSIDER CONDITIONAL USE PERMIT/USED AUTOMOBILE SALES/16191 ROUND LAKE BOULEVARD Regular Andover City Council Meeting Minutes - September 5, 2006 Page 12 City Planner Bednarz explained this is the first application under the recently established ordinance for vehicle sales. A conditional use permit and automobile sales business license are needed for this activity to occur. Mr. Bednarz reviewed the staff report with the Council. Councilmember Jacobson stated he watched the Planning and Zoning Commission review this item and the biggest concern was the landscaping. He asked for more detail on this item because what the ordinance requires and what is being proposed are different. Mr. Bednarz reviewed the details with the Council. Mayor Gamache asked if there were a total of 16 required trees and where were they looking to place them. Mr. Bednarz stated the applicant has proposed a large number of trees along the southeast and north side of the site. Councilmember Knight asked if they are asking for the six-foot trees on the east, south and north. Mr. Bednarz stated in order to receive credit for an evergreen tree the minimum would be six feet tall. Councilmember Trude stated she was confused by the Planning Commission indicating they wanted screening to hide the business from people driving by. She wondered if this is the first application of this new code. Mr. Bednarz stated there have been three or four sites that have been subject to the code since adopted. Councilmember Trude wondered if this is a situation where they may have more room to adjust the code because the building has been there for a long time and the auto repair has been in business for a long time. City Attorney Hawkins stated it is one of the things they could consider if the Council feels the rules are too stringent. They could vary from those. Councilmember Trude stated another concern is as she looked at the old Code it showed what screening was used for and it is usually to screen unpleasant things like garbage enclosures and loading docks. There were some things in the old code that could not be screened such as the front of the business or merchandise on display and the new code does not include these items. She stated in the new code they do not distinguish between screening and landscaping but landscaping generally enhances the business and screening usually hides something. Councilmember Trude wondered ifit makes sense to screen a business that is selling vehicles, and it seems like it is not even accomplishing the purpose of having that business. Councilmember Jacobson stated he noticed along the west side on Round Lake Boulevard there really is not any landscaping at all and he thought it needs something along there. Mayor Gamache thought the ponding was along there and landscaping could not be done.. He thought Mr. Brabant's idea was to plant small bushes around the sign and to plant two ash trees on the west side and then Regular Andover City Council Meeting Minutes - September 5, 2006 Page 13 the rest of it kind of boarders the other three sides with the pine trees. Being that they want to get some businesses started in the Industrial Park, they need to be more open and waive some of the more stringent ordinances they have for places within residential areas. The improvements that will be put in will make the area look much better and will improve the surrounding area and may spur more business to come in to that area. Councilrnember Knight asked who they are trying to screen from. Mr. Bednarz indicated there was indication for low level screening in the parking area. Councilrnember Trude asked if they don't normally landscape parking areas. She thought screening was hiding and landscaping would enhance the property. She thought landscaping would dress up the site and she did not want the low bushes to impede the business from selling vehicles. Councilrnember Trude thought the pond is a pretty big area and she did not think in other areas they landscaped the ponds. Councilmember Knight asked on the east side if they need six-foot pine trees rather than the gallon size. Mayor Gamache stated they would in order to be credited. Councilrnember Jacobson asked if the applicant is proposing 41 one-gallon evergreens and 18 shrubs. Mr. Bednarz stated this is correct. Councilmember Trude thought the point is to create an environment to the shopper by using the evergreen trees as a wall to hide the industrial buildings around this site. Councilrnember Trude stated another issue that came up concerned the drive lane. She asked at their Council workshop if their ordinance on parking stalls doesn't apply to employee parking and guest parking and that is what is referenced in their code. In this case they had a little discussion regarding display parking and when they think of used and new cars, she has never been anywhere that they put the cars in the same size spaces. She stated it is not clear in their code if a display area is not a parking stall but she thought a reasonable person could infer that She asked City Attorney Hawkins if a parking stall is intended for the areas that are required which are employee and customer so a display area would not really be limited to a lOx 1 8 foot with a 21 foot drive lane. Councilrnember Knight asked if the stalls are lined in a car lot for cars for sale. Councilrnember Trude indicated she has not noticed. Councilrnember Jacobson stated parking areas are lined but the areas where the cars are displayed for sale are not. Councilmember Trude indicated it did not make sense to her to treat the display area like a parking stall. Councilrnember Trude asked the City Attorney to look at the code regarding the parking issue because she did not think a display area should be striped the same as a parking area. She thought this is a code interpretation issue and she did not think the display area has to meet parking stall and drive lane requirements. City Attorney Hawkins indicated this is a legal interpretation. He did not think there was anything in the resolution that indicates the display area meets the parking area size. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 14 City Attorney Hawkins stated a parking stall in his opinion would be stalls that are set aside for the permanent parking of employees, sales customers and not spots that are designated for vehicles that are on display for sale. Councilrnember Jacobson asked if they would still need the variance for the drive lane. Councilrnember Trude thought the 22.26 drive lane is actually in the display area. The customer and employee area is entirely on the east side and then up next to the building and everything else is the display area Mr. Bednarz showed the Council where the drive lane area will be located. He stated the general drive lane area will be twenty-four feet. He stated they received an email from the applicant to reduce the parking setback from the ten feet shown on the plan to six feet both along the south and east sides. Mr. Joe Brabant, 16191 Round Lake Boulevard, stated the setback issue he brought forward to the Planning Commission and was shut down as not even open for discussion. There was no interest in talking about any variance in any way, shape or form. His reason for this is the property behind them was granted a variance for a six foot setback on their property and the property to the south that would be affected by that right now there is an access to the cell phone tower that sits less than four feet from their property line. He stated their access runs right on the property line. There are already two instances where things are too close to property lines and will not have a negative effective on anything and this adds over a thousand square feet of parking for them. Councilrnember Jacobson asked if this would require blacktopping the area that would not have been blacktopped before. Mr. Bednarz stated the increased surface area would need to be accounted for in the drainage. Mr. Berkowitz indicated they will have to adjust their hydrology calculations to show that. Councilrnember Trude asked Mr. Brabant why he wants to have a lot more trees instead of fewer shrubs. Mr. Brabant stated he wants to have some fill in. He showed on the map where he wants to create a buffer from adjacent properties. Councilrnember Jacobson asked if there is anything in the ordinance or State law about hours of operation. Mr. Brabant indicated they cannot be open on Sundays but otherwise he thought they could be open twenty four hours. Mr. Bednarz stated the State provides most of the requirements for auto sales. Mr. Brabant stated he would most likely open around noon on most business days and close around 8:00 p.m. and wintertime would probably be earlier. Councilrnember Jacobson asked if Mr. Brabant would be opposed to the Council inserting hours of operation. Mr. Brabant stated he would not mind if they were reasonable hours. Motion by Orttel, Seconded by Trude, to approve the Resolution as presented, accepting the landscaping plan dated August 29, 2006. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 15 Councilrnember Jacobson thought the second and third whereas should be stricken from the Resolution. Councilmember Trude stated they want to create a clear record. Since this is an existing business that has been here for decades and it is an ongoing business that is adding a used car display area they are not strictly adhering to the more recent City Code changes on landscaping and screening. Councilrnember Jacobson stated they are taking out of the Resolution the second, third, fifth and sixth whereas. He asked ifhe could add to point four to read "Shall be modified as follows: Low growing shrubs on the west side of the property between the retaining wall and the storm water pond shall be planted." Councilrnember Trude asked Councilrnember Jacobson to indicate the number required. Councilmember Jacobson thought they could have the forester determine the number. Councilrnember Trude wondered if there is anything gained with a six foot variance. Mr. Brabant stated the site is not as large as it appears on the map. He stated ten feet is really substantial for the site. Councilrnember Orttel stated there needs to be a hardship for a variance. He did not know how they could defend this because he did not see a hardship. Mr. Brabant stated he could not see a hardship other than there are two other businesses around him that have been granted variances for the same thing and this is an existing business. Councilrnember Jacobson stated minus showing a hardship and the applicant has already agreed there is no hardship, he called the question. Motion by Jacobson to call the motion to question and to end debate. The Council allowed Councilrnember Trude to ask City Attorney Hawkins a question regarding the variance. Councilmember Trude stated this site has been here forever and storm water management rules have changed so to add a new business use to this site and to add a parking lot, the applicant has had to do a storm water pond. She asked iftimes and conditions changing is an adequate reason for a variance. City Attorney Hawkins stated they need to have a physical condition that requires the variance and he did not think there was a physical existing condition. Motion carried unanimously. (Resolution RI07-06) The Council recessed at 9:50 p.m. The Council reconvened at 9:56 p.m. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 16 CONSIDER BUSINESS LICENSEIUSED AUTOMOBILE SALES/16191 ROUND LAKE BOULEVARD City Planner Bednarz explained the ordinance for vehicle sales requires Council approval of a business license. The applicant has completed the application form and has paid the application fee. Motion by Jacobson, Seconded by Orttel, to approve the business license for vehicle sales. Motion carried unanimously. ADOPT 2007 PRELIMINARY TAX LEVY City Administrator Dickinson stated each year the City Council is required by State law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15,2006. Mr. Dickinson discussed the information with the City Council Motion by Knight, Seconded by Orttel, to approve the attached resolution that indicates a total preliminary levy of$9,316,427 to be submitted to the Anoka County Property Records and Taxation Division by September 15,2006. Motion carried unanimously. (Resolution RllO-06) ADOPT 2007 DEBT SERVICE LEVY CHANGES City Administrator Dickinson stated Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2007 that would have been certified to Anoka County as part of prior years bond sales. Mr. Dickinson discussed the information with the City Council. Motion by Jacobson, Seconded by Knight, to approve the attached resolution that would update certified bonded indebtedness levies for 2007. Motion carried unanimously. (RIII-06) COMMUNITY CENTER ADVISORY COMMISSION APPOINTMENT City Administrator Dickinson explained recent correspondence has been received from Dan Masloski indicating his desire to step down as the Park Commission representative on the Community Center Advisory Commission (CCAC). Mr. Masloski was appointed by the Council to the CCAC on February 7, 2006. The CCAC By-Laws indicate that one of the seven members of this Commission will be from the Andover Park and Recreation Commission. At the August 15th City Council meeting, the Regular Andover City Council Meeting Minutes - September 5, 2006 Page 17 Council requested that staff ask all commissioners from the Park and Recreation Commission whether they would be interested in serving on the CCAC. Three members indicated they would be interested. Councilrnember Trude stated she would recommend Wendy Albee to the Commission because she worked Community Center Staff when she set up the concert in the park and she went out and did something in the City without spending any tax dollars and she likes that type of thinking. Councilrnember Orttel asked if they normally interview for these positions. Mr. Dickinson stated they did hold interviews in February and normally they would set up an alternate but they did not do that this time. Motion by Trude, Seconded by Knight, to accept the resignation of Dan Masloski from the CCAC and appoint Wendy Albee to the CCAC. Councilmember Orttel stated he is concerned about the experience. Councilrnember Trude reviewed the accomplishments Wendy Albee has done while on the Park and Recreation Commission. Councilrnember Jacobson asked how many women they have on the committee. Mr. Dickinson thought there is one other women on the Commission. Motion carried unanimously. APPROVE POLICY FOR NAMING AND RENAMING OF PARKS, PARK FACILITIES AND TRAILS City Administrator Dickinson indicated at previous Council meetings and workshops the Council has discussed the need of a policy for the naming and renaming of a park, park facility or trail. Councilrnember Trude stated she had this removed from the consent agenda because she has one item she wants to change. She stated on item six the name of the person who donates would be better because they had the discussion about developers dedicating land but a true person who is donating would be a charitable donation to the City. Councilrnember Trude stated on the procedure if they were going to have these things funneled through a Council Workshop before they went to the Parks Commission so they do not send every name request onto the Park Commission. Mr. Dickinson stated number two has a distribution to both. The Park and Recreation Commission would discuss the merits of the name. Councilrnember Trude stated that is the process they want to eliminate. Councilrnember Trude stated they could add a new number two: "City Council will provide an Regular Andover City Council Meeting Minutes - September 5, 2006 Page 18 initial review on a petition before it proceeds to any other steps." Councilmember Jacobson stated it could read "The request of the City Council, upon review, send to the Parks and Recreation Commission." Councilrnember Orttel asked if on the other item, they put "The name of the person who dedicates a major part or all of the land for a park, park facility or trail except developers who developed this as part of a legal requirement of the City Development Ordinances." Councilrnember Trude stated if they change the word "dedicate" to "donate" this would take care of it. Motion by Trude, Seconded by Jacobson, to approve the amended policy for Naming, Renaming or Parks, Park Facilities and Trails changing the wording in item two to read "The request of the City Council, upon review, send to the Parks and Recreation Commission" and changing the word "dedicate" to "donate" in item six. Motion carried unanimously. APPROVE AMENDMENT TO CITY CODE (TITLE 0), SECTION 3-1B-12/LIQUOR LICENSE CONDITIONS City Planner Bednarz stated the City staffhas investigated what changes would be needed in the City Code to restrict "Ultimate Fighting" in night spots in the City. The City of Fridley passed a regulation change about one year ago that effectively dealt with a problem they had with "Ultimate Fighting" in their city. The City Attorney consulted with the staff that the City can move to adopt this regulation change by a simple code amendment similar to what the City of Fridley has done. The proposed code amendment would not allow any licensed establishment serving liquor to have this type of enterprise on the premises or any adjoining property. Councilrnember Jacobson stated in the interim he talked to the City Attorney about his questions and he told him that he cannot do what he wants to do so he would move this item. Motion by Jacobson, Seconded by Trude, to adopt the proposed change to Title 3, Section 3-1B- 12 not allowing the premises or an adjoining property that has a liquor license to have any form of fighting, boxing, or wrestling as described in the proposed amendment. Motion carried unanimously. (Ordinance No. 332) SET TRUTH IN TAXATION HEARING DATE City Administrator Dickinson indicated this year the Andover City Council is required to hold Truth in Taxation meetings. These meetings give the public the opportunity to comment on the proposed 2007 budget and tax levy. Motion by Knight, Seconded by Trude, to set the Truth-in- Taxation hearing date for DecemberS, 2006 and a continuation hearing date for December 19, 2006. Motion carried unanimously. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 19 SCHEDULE SEPTEMBER COUNCIL WORKSHOP Motion by Jacobson, Seconded by Knight, to schedule a Council Workshop for Tuesday, September 26, 2006 at 6:00 p.m. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, to schedule an EDA meeting for September 19, 2006 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on administration & city department activities, Open Space Task Force update and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. MAYOR/COUNCIL INPUT (WI-FI Status) - Councilrnember Knight asked Mr. Dickinson the status on Wl-FI Technologies because he thought they should see what they could get going. Mr. Dickinson stated they continue to follow the issue and there is still a significant expense to get into it. They have been exploring some pilot project type issues at this point. They do have some barriers out there which is where do they put towers. (Renting Rooms out on Primary and Election Night at City Hall) - Councilrnember Trude wondered if they have a policy on having rooms rented out on Primary and General Election nights. She thought renting meeting rooms out hindered people from voting. Mr. Dickinson stated he did not know if they have a policy on this. Government meetings cannot be held while the polls are open. Councilmember Trude thought renting out meeting rooms discouraged people from voting after dinner time because they have to get somewhere else. Councilrnember Jacobson stated if someone is going to vote they will vote anyway. (Community Center Open House) - Councilmember Trude stated the Community Center open house is September 10, 2006 from 1:00 p.m. to 5:00 p.m. (Recycling Day) - Mayor Gamache stated recycling day is Saturday, September 9,2006 from 9:00 a.m. to 3:00 p.m. Regular Andover City Council Meeting Minutes - September 5, 2006 Page 20 (Drainage Pond Issues) - Councilrnember Orttel asked who is responsible for the County drainage ponds for clean up and maintenance. Mr. Dickinson stated technically they look at who the underlying property owner is. If they have a drainage/utility easement over the top, they would have the right to go in and clean it up. Mr. Berkowitz stated the way the joint powers agreements are written is the City is responsible to maintain the storm water system. (Andover History) - Mayor Gamache stated the Anoka Sesquicentennial is in 2007 and they have asked for a flag from Andover. He was thinking that they do not have any historical committee in the City and he wondered if it might be time they start planning for something like this. He thought this could be a body that would function within the City and work with Anoka County Historical Society to maintain and keep historical information about Andover. (Gambling Establishments in Andover) - Mayor Gamache stated the issue of their gambling establishments and they do not have a lot of places and he would hate to see a total monopoly for one organization. He stated they currently have an ordinance that says an association can have three within the City, which is what they have now. He wondered ifit was worth changing the ordinance or looking at changing it so there would not be a monopoly. Councilrnember Trude stated some people have told her they should look at the distribution of funds. They could focus on that, maybe ten or fifteen percent of the funds would have to be distributed to community groups other than their own group. Councilrnember Orttel thought he saw in another City that they could form a sports association that collects all of the funds and then disperses the money to all the other associations depending on their need. Councilrnember Knight understood it was entirely up to the business owner who they want in their establishment. City Attorney Hawkins stated the owner makes the decision on who he wants to lease the premise to. He thought they had the authority to limit it even further to one organization per one premise permit but they cannot force any owner to take a certain organization. Mr. Dickinson stated the State does not have a restriction on what the limitation is. The other part that the Gambling Control Board does talk about is trade area and the current trade area the Council has approved is as restrictive as you can have at this point. They also have a ten percent ordinance, which ten percent has to come back to the City. Mayor Gamache stated they have done some work to try to protect Andover so only associations from Andover could have gambling operations in the City. (primary Election Day) - Mayor Gamache stated September 12, 2006 is Primary Election Day. Motion by Orttel, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 10:38 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary CITY OF NDOVE Q) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: September 19, 2006 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $165,462.45 on disbursement edit lists #1 - #2 from 09/13/06 to 09/14/06 have been issued and released. Claims totaling $885,261.99 on disbursement edit list #3 dated 09/19/06 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Aridover City Council is requested to approve total claims in the amount of $1,050,724.44. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, li ?J~ Lee Brezinka Attachments: Edit Lists - ~, ...... ell .- .....l (1)...... --< 0 .D 0 ro~ ~~ O-;~ rJ'.lU "E: ... ;::12 o ;:l u a u 0 ~U :::2 0.. N .". r-.; -0 o o C:! '" ~ ,,- '0'" 20 .0..0 t ~ :S~ 0 0 0 0 0 0 0 ;z: ;z: ;z: ;z: ;z: ;z: ;z: ~ ~ ~ ~ ~ ~ ~ " " " " " " " .. :c :c il il il il il " " ol ol' e e e e " " e .. W W W W W W W ... ~ = - - - - - - u - u u u - .. 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WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D, Berkowitz, City Engineer SUBJECT: Approve Plans & Specs/Order Quotes/06-40/Round Lake Boulevard NW & Bunker Lake Boulevard NWffraffic Signal Improvements - Engineering DATE: September 19, 2006 INTRODUCTION The City Council is requested to approve the final plans and specifications and order quotes for traffic signal improvements at Round Lake Boulevard NW & Bunker Lake Boulevard NW, Project 06-40, DISCUSSION The plans and specifications for the traffic signal at Round Lake Boulevard NW & Bunker Lake Boulevard NW have been completed, The project consists of replacing the standard signal heads with light emitted diode (LED) signal heads, This intersection is adjacent to both Andover and Anoka, The City of Anoka has one quarter of the intersection and is responsible for one-quarter of the traffic signal costs and has agreed to participate in the project. Light emitted diodes are brighter than standard lights and are much more energy efficient. When this project is complete all traffic signals in Andover will have LED's, BUDGET IMPACT The funding will come from the City's Municipal State Aid and a cost share with the City of Anoka, The cost is estimated at $22,500,00 for the design and installation, There would be additional staff time totaling $1,000,00 for a total project cost of $23,500,00, Anoka's share would be approximately $5,875,00 and the City's share would be approximately $17,625,00, ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering quotes for traffic signal improvements at Round Lake Boulevard NW & Bunker Lake Boulevard NW, Respectfully submitted, (J~0 David D, Berkowitz Attachments: Resolution./ cc: Craig Gray, Public Works Director, City of Anoka, 2015 1st Avenue N" Anoka, MN 55303 John Gray, SEH CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND SOLICITING FOR QUOTES FOR TRAFFIC SIGNAL IMPROVEMENTS AT ROUND LAKE BOULEVARD NW & BUNKER LAKE BOULEVARD NW, PROJECT 06-40, WHEREAS, pursuant to Resolution No, -06, adopted by the City Council on the 15tt1 day of AUQust I 2006, SEH has prepared final plans and specifications for Project 06-40 for Round Lake Boulevard NW & Bunker Lake Boulevard NW , WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of September , 2006 , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer to seek quotes for the improvements, MOTION seconded by Councilmember City Council at a reQular meeting this Councilmembers voting in favor of the resolution, and Councilmembers and adopted by the 19th day of September , 2006 , with voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk 9\NribVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: TO: FROM: SUBJECT: Waive Public Hearing/Adopt Assessment RoWOS-39/Andover Station North Block 3 Improvements - Engineering DATE: September 19, 2006 INTRODUCTION The City Council is requested to waive the public hearing and adopt the assessment roll for Project 05-39, Andover Station North Block 3 Improvements, DISCUSSION The City Council at the September 5, 2006 meeting approved a resolution declaring the cost and ordering assessment roll. This item is the last step as required by law to be able to levy the assessment to the property, BUDGET IMP ACT The improvement costs were funded through the Tax Increment Project Fund, The Andover Economic Development Authority will be assessed for the improvements and project costs will be covered through the sale of the property, ACTION REOUIRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for Project 05-39, Andover Station North Block 3 Improvements, Respectfully submitted, David D, Berkowitz / .,/ ./ Attachments: Resolution, Assessment Roll & Waiver (JACJ. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, MOTION by Council member to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR IMPROVEMENT PROJECT NO, 05-39 FOR ANDOVER STATION NORTH BLOCK 3 IMPROVEMENTS . WHEREAS, the property owners have waived their right to a public hearing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2, Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of ~ years, the first of the installments to be payable on or before the 15th day of April, 2007 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution, 3, The owner of any property so assessed may, at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer, MOTION seconded by Councilmember City Council at a reQular meeting this 19th Councilmembers voting in favor of the resolution, and Councilmembers and adopted by the day of September ,2006, with voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Michael R. 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WWW.CI.ANDOVER.MN.US TO: Dave Berkowitz, City Engineer FROM: Jim Dickinson, Executive Director, Andover Economic Development Authority SUBJECT: Public Hearing Waiver / Andover Station North Block 3 Improvements DATE: September 11, 2006 On behalf of the Andover Economic Development Authority (AEDA), I have reviewed the assessment worksheet for the aforementioned project and am in agreement with the costs, The AEDA waives the public hearing, @) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members -J CC: Jim Dickinson, City Administrator David D, Berkowitz, City Enginee FROM: Todd Haas, Asst. City Engineer SUBJECT: Waive Public Hearing/Adopt Assessment RolI/OS-S8/3S32 _13Sth Avenue NW/WM - Engineering DATE: September 19,2006 INTRODUCTION This item is in regards to waiving the public hearing and adopting the assessment roll for 3532 - 135th Avenue NW for water main, Project 05-58, DISCUSSION The City Council at the September 5, 2006 meeting approved a resolution declaring the cost and ordering assessment roll. This item is the last step as required by law to be able to levy the assessment to the property, BUDGET IMP ACT This will be assessed over a five year period, ACTION REQUIRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for the improvement of water main for Project 05-58, 3532 - 135th Avenue NW, Respectfully submitted, ~/~ Todd Haas r ./ ./ Attachments: Resolution, Assessment Role & Location Map cc: lone Lienke, 3532 - 135th Ave, NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN, PROJECT NO, 05-58, 3532 _135th AVENUE NW, WHEREAS, the property owner has waived their right to a public hearing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2, Such assessment shall be payable in equal annual installments, extending over a period of L years, the first of the installments to be payable on or before the 1 st Monday in January, 2007 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution, 3, The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made, MOTION seconded by Council member and adopted by the City Council at a reQular meeting this 19th day of September ,2006, with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed, voting CITY OF ANDOVER ATTEST: Michael R. 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WWW.CI.ANDOVER.MN.US To: City Council cc: Jim Dickinson, City Administratox;-- -. David Berkowitz, City Engineer From: Kameron Kytonen, Natural Resources Technician Subject: Accept DNR MNReLeaf GrantJ06-43/0ak Wilt Suppression Program - Engineering Date: September 19, 2006 INTRODUCTION The City Council is requested to accept a grant for oak wilt treatment in the amount of $14,500 from the Minnesota Department of Natural Resources (DNR), Division of Forestry, DISCUSSION Preventing the spread of oak wilt continues to be a challenge in the City of Andover, Because it affects numerous properties, it is beneficial to have grant funds available to aid in costs of the treatments, This cost sharing with the property owners makes them more willing to address the problem, The City was requested to match the grant money awarded, This will be accomplished by a combination of cash funds coming from the 2006-07 Oak Wilt fund, from the property owners requesting treatment for oak wilt and by in-kind time by City staff and volunteers, BUDGET IMP ACT The City portion of the grant match for 2006 is $5,000, This expense may be used for a cash match for the oak wilt control work. ACTION REOUESTED It is requested that the City Council accept the grant agreement. Respectfully submitted, ~on~ Natural Resources Technician ~NDbVE~ (j) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve Receptionist Appointment - Administration DATE: September 19,2006 INTRODUCTION The Human Resources Department has completed the interview and selection process for the part-time Receptionist position, DISCUSSION The Human Resources Department advertised and received 9 applications for the Receptionist position, The interview team consisted of the City Clerk and the Human Resources Manager. The interview team recommends hiring Lynn Fletcher for the Receptionist position, Mrs, Fletcher has extensive business experience, working for others and in a family business, and would be an asset to the City of Andover. BUDGET IMPACT This position has already been budgeted for the 2006 and 2007 years, and meets the budget requirements. Mrs. Fletcher is being offered the beginning step rate of $ 12,70/hour, The position is a job-share position budgeted at 40 hours every pay period. Mrs. Fletcher will serve a 6-month probationary period and after successful completion would be eligible for the next step level. ACTION REQUESTED Please approve hiring Mrs. Fletcher for the Receptionist position. ~~~ Dana Peitso c' ~ or "t:" 1)! NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Captain Dave Jenkins - Anoka County Sheriffs Office SUBJECT: Receive Anoka County Sheriffs Department Monthly Report - Sheriff DATE: September 19,2006 INTRODUCTION Captain Dave Jenkins from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City, Attached is a copy ofthe August 2006 monthly report, DISCUSSION To be verbally presented. ACTION REOUIRED For Council information, Respectfully submitted, Captain Dave Jenkins Anoka County Sheriffs Office Attachment: August 2006 Monthly Report B. CITY OF ANDOVER -AUGUST, 2006 Current Mo. Last Month YTD LAST YTD Radio Calls 1,068 1,094 7,881 6,772 Incident 1,118 1,081 7,210 6,211 Report Burglaries 20 36 11 85 Thefts 68 521 351 77 Crim.Sex 2 2 15 21 Condo Assault 16 9 101 120 Dam to Prop. 62 64 349 283 Harr. Comm. 13 18 121 91 Felony Arrests 6 8 70 69 Gross Mis. 6 7 45 43 Misd. Arrests 66 48 432 448 DUI Arrests 11 9 72 67 Domestic Arr. 6 4 41 52 Warrant Arr. 8 6 105 118 Traffic Arr. 138 170 1,106 1,105 DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 02:30 21:59 20:06 00:15 00:56 22:50 01:50 02:04 23:55 02:55 02:35 C. CITY OF ANDOVER - AUGUST, 2006 Community Service Officer Report Current Month Last Month YTD Last YTD Radio Calls 180 158 1,323 1,503 Incident Report 121 99 861 1,040 Accident Assists 20 8 104 151 Vehicle Lock 30 30 268 276 Out Extra Patrol 156 218 2,002 1,347 House Checks 1 2 106 72 Bus. Checks 16 20 258 397 Animal Compl. 59 38 411 450 Traffic Assist 9 4 77 147 Aids: Agency 189 173 1,563 1,499 Aids: Public 38 44 738 462 Paper Service 0 0 1 12 Inspections 0 0 0 0 Ordinance Viol. 1 1 6 15 ~.c . T'- n '~... I <, ,., J NDOVE } @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755.8923 . WWW,CI.ANDOVER.MN.US CC: TO: FROM: SUBJECT: Hold Public Hearing/Roadway Reconstruction Assessment Policy - Engineering DATE: September 19, 2006 INTRODUCTION The City Council is requested to hold a public hearing at 7:00 PM for the proposed Roadway Reconstruction Assessment Policy, DISCUSSION A proposed Roadway Reconstruction Assessment Policy is attached for review, Staff along with the City Council have been discussing and preparing a proposed Policy since early 2006, Staff will present an overview of the proposed Roadway Reconstruction Assessment Policy, describe the method at which roadways are identified for reconstruction and be available to answer questions, After the presentation the Mayor will be asked to open the public hearing for questions and comments, After the public hearing is closed, the City Council is requested to approve the policy as written or recommend changes to the policy, Once the policy is approved staff will notifY the neighborhoods proposed for roadway reconstruction and begin the process for the 2007 project. ACTION REOUIRED The City Council is requested to hold the public hearing for the Roadway Reconstruction Assessment Policy and approve the policy as written or make changes as needed, Respectfully submitted, ~o. David D, Berkowitz Attachments: Public Hearing Notic::; Proposed Roadway Reconstruction Assessment POlicy(' ..--- . i.' ~ " NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA The City Council of the City of Andover will hold a public hearing at 7:00 PM or as soon thereafter as can be heard, Tuesday, September 19, 2006 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to review the Street Reconstruction Assessment Policy, All written and verbal comments will be received at this time and location, A copy of the Policy will be available at Andover City Hall for review prior to the meeting, CITY OF ANDOVER ~ (j'& Victoria Volk - City Clerk Publication Dates: 9-8-06 & 9-15-06 (Anoka Union) H:\EngineeringlAssessment Policy\Public hearing st reconstruction policy,DOC DRAFT CITY OF ANDOVER ROADWAY RECONSTRUCTION ASSESSMENT POLICY Adopted: (Sept. 19,2006) DRAFT ROADWAY RECONSTRUCTION ASSESSMENT POLICY Section I. Section II. Table of Contents General Policy Statement Roadway Reconstruction Assessment Requirements Page 1 2 DRAFT CITY OF ANDOVER ROADWAY RECONSTRUCTION ASSESSMENT POLICY SECTION I - General Policy Statement 1. GENERAL The purpose of this document is to establish a standard assessment policy for roadway reconstruction projects within the City of Andover, Roadway reconstruction projects are defined as local and/or Municipal State Aid City streets that have an existing bituminous surface and have reached a level of distress in which the City Engineer determines that the roadway is in poor condition such that full replacement is warranted, Improvements consists of a new bituminous surface, concrete curb and gutter (if required by the City's Concrete Curb and Gutter Policy), additional storm sewer as needed, storm sewer replacement and street widening if a substandard section exists, Street and storm sewer/drainage costs are apportioned to the properties benefiting from the project. Apportioning the costs of the street and storm sewer construction may be done by dividing the cost of the street improvements by the assessable front footage of the benefiting properties to determine a cost for linear front foot or by dividing the costs of the street improvements by the number of benefiting lots, This is explained under the Methods of Assessment. The nature of the street improvements dictate whether or not concrete curb and gutter is required (Per the City's concrete curb and gutter policy), The following is a list of reconstruction projects where concrete curb and gutter is required: 1. Existing Municipal State Aid Routes (IfMSA funding is used) 2, Reconstruction Projects · Rural w.l Existing Bituminous curb · Rural w.l no curb or drainage ditches . All Urban 3, Existing Business Areas (Commercial, Retail, Industrial) with no curb, no drainage ditches or existing bituminous curb is in place Roadway reconstruction areas shall be identified in the City's Capital Improvement Plan (CIP) at least two years prior to construction, The CIP is a fluid document in which roadways will be identified in the plan, but may be moved to a later date if those areas are not within two years of reconstruction and other areas have been found to be in greater need ofrepair, Assessments for other improvements (sanitary sewer, water main, etc,) included in a road reconstruction project shall follow the City's standard assessment policy, 1 DRAFT SECTION II - Roadway Reconstruction Assessment Requirements I, GENERAL Minnesota State Law, Chapter 429 provides that a Municipality has the power to make public improvements such as, street and storm sewer improvements including grading, curb and gutter, and surfacing, and assess the improvements to the benefiting properties, This section of the policy describes how roadway reconstruction project shall be assessed, All properties benefiting from the roadway reconstruction (fronting along the new roadway) shall pay a proportionate share of the cost of local improvements per this policy, The City Council has approved the roadway reconstruction assessment such that 25% of the project cost (construction costs and indirect cost such .as engineering, design . and other administrative costs as identified on the City's assessment worksheet) to be assessed as identified under the Methods of Assessments, The remainder of the costs shall be funded by the City's Road & Bridge Fund, Any roadway reconstruction project (including Municipal State Aid streets) that is part of a neighborhood or subdivision will be assessed based on the standard City street. Extra width and/or increased section cost will not be included in the 25% assessment. If a Municipal State Aid street is included in the reconstruction project, the City can submit for reimbursement from the State for a portion of the project, but this would not reduce the assessable amount with exception to the extra width and/or pavement section (based upon 25% of the total project costs) to the benefiting properties, Any State Aid funds collected for these projects would go toward funding the City's share of the total project costs, II, POLICIES RELATING TO SPECIAL ASSESSMENTS Assessment The total assessment costs must be apportioned equally amongst properties having the same general land use (residential, institutional, multiple family, commercial or industrial), based on benefit. Total assessment against any particular parcel shall not exceed benefit to that parcel. Assessment Period Reconstruction improvements shall be assessed for a period of up to eight (8) years, A Senior Citizen deferral is permitted (refer to State Law), Interest Rate The rate of interest on assessments shall be determined by the City Finance Director with concurrence of the City Council at the time the project is initiated, 2 DRAFT Methods of Assessment The City Council has approved two (2) methods (Unit & Front Footage) of assessing roadway reconstruction projects, It should be emphasized that the special assessment method and policies summarized herein cannot be considered as all-inclusive and that unusual circumstances may at times justify special considerations, Unit (Lot) Unit is a parcel or lot in an area that cannot be further subdivided, Le" in a single family R-4 Zone the standard minimum lot is 80' x 130', If a parcel can be subdivided one assessment per potential parcel will be assessed for as many units as can be subdivided in that particular zoning district. In a unit assessment, 25% of the total project costs would be divided equally amongst all units in a development, resulting in a. uniform assessment per lot. Front Footage Frontage footage assessment may be utilized in areas in which large parcels exist that can subdivide or in which there are different types of land uses (residential, commercial, industrial), In a front footage assessment, 25% of the total project costs would be divided by the total front footage for all lots within the project limits, Front footage for corner lots would be determined by adding the length of the short side and half of the long side, The cost per front foot would then be multiplied by each unit's calculated front footage to determine their assessment. It is likely that this method would result in different assessments per parcel. If a large parcel has the potential to fully develop (40 Acre subdivision) the City Council has the discretion to assess more than just the front footage, This would be identified and approved in the feasibility report, 3 5'\NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US TO: CC: Mayor and Councilmembers ~ Jim Dickinson, City Administrator Will Neumeister, Community Develop t DirectorttA- Courtney Bednarz, City Planne!t FROM: SUBJECT: Consider Zoning Ordinance Amendment/Establishing Closed Landfill Restricted Zone - Planning DATE: September 19, 2006 INTRODUCTION This item follows the direction of the Planning Commission and Council to implement the recommendations of the Minnesota Pollution Control Agency (MPCA) to establish a specific zoning district for the closed landfill site, DISCUSSION The model ordinance provided by MPCA was used as the base fonnat for the proposed ordinance, Modifications were made to tailor the model ordinance to the structure of the Andover City Code, As previously discussed, the intent is to apply this zoning district to the closed landfill site to clearly and accurately represent the limitations of the closed landfill. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed ordinance, ACTION REOUESTED The Council is asked to approve the attached ordinance and summary ordinance with any modifications it feels are appropriate, Attachments Proposed Ordinance Ordinance Summary Planning Commission Minutes Courtn ednarz Cc: Jean M, Hanson PCA Closed Landfill Unit Majors and Remediation Division 520 Lafayette Road St. Paul, MN 55155-4194 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 3: ZONING DISTRICTS AND MAP 12-3-2: ZONING DISTRICTS ESTABLISHED: For the purposes of this title, the city is hereby divided into the following zoning districts: Symbol CLR Name Closed Landfill Restricted 12-3-3: PURPOSE OF EACH DISTRICT: N. CLR Closed Landfill Restricted: This district is intended to applv to former landfills and adiacent lands which are managed under the Closed Landfill Program of the Minnesota Pollution Control Agency (MPCA), The purpose ofthe district is to limit uses ofland both actively filled and related lands, to minimal uses in order to protect the land from human activitv where response action svstems are in place. This district shall only apply to the former landfill and pertinent adiacent lands (the limits of which are defined by the MPCA). This district shall apply whether the landfill is in public (State. MPCA, Countv. Citv, Township), Indian tribal, or private ownership. 1. Permitted Uses Uses allowed in this district include outdoor equipment or small buildings used in concert with gas extraction systems (i.e. gas to energy system), other response action svstems. monitoring wells or any other equipment designed to protect. monitor or otherwise ensure the integrity of the landfill monitoring or improvement systems. Fences and gates shall be allowed under these provisions. 2. Accessory Uses Accessory uses shall be limited to installation. operation and maintenance of equipment to support permitted uses, 3. Conditional Uses -2- - Conditional uses shall be limited to passive uses to protect the integrity of the landfill area and to protect any person from hazards associated with the landfill. The landfill shall be planted in cover crops and shall be maintained bv the MPCA. Any proposed conditional use must be approved by the Commissioner of the Minnesota Pollution Control Agencv (MPCA) and the Citv of Andover, Such approved use shall not disturb or threaten to disturb. the integrity of the landfill cover. liners. anvother components of any containment svstem. or the function of any monitoring system that exists upon the described propertv, 4, Prohibited Uses and Structures All other uses and structures not specificallv allowed as conditional uses. or that cannot be considered as accessory uses. shall be prohibited in the CLR District. 5. General Regulations Requirements for parking. signs, area. and other regulations are set forth in Title 12 of the City Code. -:]- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, A SUMMARY AN ORDINANCE ESTABLISHING THE CLOSED LANDFILL RESTRICTED ZONING DISTRICT (CLR) WITHIN THE CITY OF ANDOVER STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462, Policy The purpose of this ordinance is to establish a zoning district that adequately addresses the land use restrictions of the WDE Closed Landfill site within the City of Andover, GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance, Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours ofthe City Clerk, Adopted by the City Council ofthe City of Andover on this _ day of ,2006, ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R. Gamache, Mayor -L/- Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 Page 7 ~ PUBLIC HEARING: ORDINANCE AMENDMENT TO ESTABLISH CLOSED LANDFILL RESTRICTED ZONING DISTRICT Mr, Bednarz stated this item follows the direction of the Planning Commission and Council to implement the recommendations of the Minnesota Pollution Control Agency (MPCA) to establish a specific zoning district for the closed landfill site, Mr, Bednarz discussed the staff report with the Commission, Motion by Walton, seconded by Casey, to open the public hearing at 8:05 p,m, Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote, No one wished to address the Commission, Motion by Walton, seconded by Casey, to close the public hearing at 8:05 p,m. Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote, Motion by Walton, seconded by Casey, to recommend approval of the attached ordinance with the following modifications: Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the September 19, 2006 City Council meeting. -s- Sl\NDbVE~ (]) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator I Will Neumeister, Community Development DirectorWa-. FROM: Courtney Bednarz, City Planner SUBJECT: Consider Comprehensive Plan Amendment/Change Landfill's Designation to Open Space - Planning DATE: September 19,2006 INTRODUCTION The Council is asked to review the proposed comprehensive plan amendment for the closed landfill site, DISCUSSION The majority of the closed landfill site is already designated Open Space on the City's Land Use Map. The survey and title work prepared through the WDE Land Use Plan identified a few areas on the fringe of the landfill site that have different designations, These areas are highlighted on the attached map, The intent is to apply the Open Space Land Use Designation to the entirety of the closed landfill site, Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed ordinance, ACTION REQUESTED Staff asks the Council to approve the comprehensive plan amendment to allow the entirety of the closed landfill to be designated as Open Space on the Land Use Map, Attachments Resolution Land Use Map Excerpt Planning Commission Minutes Cc: Jean M, Hanson MPCA Closed Landfill Unit Majors and Remediation Division 520 Lafayette Road St. Paul, MN 55155-4194 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DESIGNATION FROM URBAN RESIDENTIAL LOW DENSITY (URL) AND GENERAL COMMERCIAL (GC) TO OPEN SPACE (OS) ON PROPERTY LEGALLY DESCRIBED AS FOLLOWS: PARCEL A (P.I.D. # 27-32-24-31-0007) All that part of the Northeast Quarter of the Southwest Quarter of Section 27 Township32 Range 24 Anoka County, Minnesota, described as follows: Commencing at the northeast corner of said Northeast Quarter of the Southwest Quarter, thence westerly along the north line thereof for 58,6 feet to the center line of County State Aid Highway No, 18, thence South 32 degrees 55 minutes West for 550.17 feet along said center line, thence South 44 degrees 11 minutes West for 342,85 feet along said center line, thence South 45 degrees 26 minutes East for 872.00 feet to the southeast corner of said Northeast Quarter of Southwest Quarter, thence north along the East line of said Northeast Quarter of the Southwest Quarter to the point of commencement. Subject to an easement to R.E,A and other easements of record, if any, Subject to the rights-of-way of C,S,A.H, No, 16 and C,S,A,H No, 18. PARCELE (P.I.D. # 34-32-24-11-0002) All that part of the Northeast Quarter of Northeast Quarter of Section 34 Township 32 Range 24, Anoka County, Minnesota, described as follows: Beginning at northeast corner of the Northeast Quarter of Northeast Quarter, thence North 89 degrees 08 minutes 39 seconds West along north line of said Northeast Quarter of Northeast Quarter 1316.94 feet to the northwest comer of said Northeast Quarter of Northeast Quarter, thence South 0 degrees 18 minutes 44 seconds West along west line of said Northeast Quarter of Northeast Quarter, 15 feet, thence South 89 degrees 08 minutes 39 Seconds east 180,52 feet, thence South 75 degrees 30 minutes 33 seconds East 190,89 feet, thence South 89 degrees 08 minutes 39 seconds East 474.80 feet, thence North 67 degrees 05 minutes 08 seconds East 111.64 feet, thence South 89 degrees 08 minutes 39 seconds East 373.94 feet more or less to a point on east line of said Northeast Quarter of Northeast Quarter, thence North 0 degrees 15 minutes 45 seconds East along said east line 15 feet to the point of beginning, except road, subject to easement of record. PARCEL F (P.I.D. # 34-32-24-12-0002) All that part of the Northwest Quarter of Northeast Quarter of Section 34 Township 32 Range 24, Anoka County, Minnesota, described as follows: -2- Beginning at northeast corner of said Northwest Quarter of Northeast Quarter, thence North 89 degrees 08 minutes 39 seconds West along north line of said Northwest Quarter of Northeast Quarter, 1078.71 feet, thence South 68 degrees 56 minutes 31 seconds East 402,99 feet, thence South 81 degrees 03 minutes 01 seconds East 109.56 feet, thence North 70 degrees 32 minutes 11 seconds East 198.91 feet, thence North 80 degrees 59 minutes 38 seconds East 411.73 feet more or less to a point on the east line of said Northwest Quarter of Northeast Quarter, 15 feet southerly of the point of beginning, thence North 0 degrees 18 minutes 44 seconds East along said east line 15 feet to the point of beginning, subject to easement ofrecord, PARCEL H (P.lD. # 27-32-24-34-0038) Outlot A, Kensington Estates 4th Addition, according to the recorded plat thereof, Anoka County, Minnesota, PARCELl (Part of P.lD. # 27-32-24-34-0003) All that part of the southerly 500,00 feet of the easterly 500,00 feet of the Southeast Quarter of the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of said southerly 500,00 feet of the easterly 500,00 feet, said northeast corner also being the southeast corner of OUTLOT A, KENSINGTON ESTATES 4TH ADDITION, according to the recorded plat thereof; thence on an assumed bearing of North 89 degrees 06 minutes 16 seconds West along the northerly line of said southerly 500,feet of the easterly 500,00 feet and the southerly line of said OUTLOT A for 87,07 feet to the southwest corner of said OUTLOT A; thence South 15 degrees 15 minutes 57 seconds East for 331.50 feet to the easterly line of said Southeast Quarter of the Southwest Quarter; thence North 00 degrees 02 minutes 26 seconds West along said easterly line for 318.44 feet to the point of beginning, Subject to the right-of-way of County Road No, 78, WHEREAS, the Minnesota Pollution Control Agency prepared the Waste Disposal Engineering Landfill Land Use Plan to comply with State Statute; and WHEREAS, the plan recommends that the City provide land use controls that will prevent active use of the property other than prescribed by the State of Minnesota; and WHEREAS, the Planning Commission held a public hearing pursuant to state statutes and recommended implementation of the plans recommendations; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has reviewed the recommendation of the Planning Commission and hereby approves the Comprehensive Plan Amendment, subject to review and approval by the Metropolitan Council. Adopted by the City Council of the City of Andover on this _ day of ,2006. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -3- ~;;;~:-~*~ ~%1:*mX~_ I ~ ~I I II I I r-- ~iI "//-1-.'///. ~;/,/.u~/J/// t>J I r/~'//;-^ ' : "'/' /.,~'X(/,.:Y,'l/; /<ll -' I v\:'j - ~/;}?}>'- ~%: ;-/':/- - r- ;U ~ ~ ~:-%/~/; ','" '/.' "~7>',,'~;';/-:%- H gf~~3f~~&01i~~ ~ig~~ ~_ · ~ ::r Rl~~ - =-'-' 'Y''l.l},:t/-;;,///: t;/?' , 1 / , - ~:;-;:~/:;>;}.(///;~:j'x~:f/;. '::3:~t-- /' I t-- - 'l,:~/:/A," '" ;--- - f~;/;/;:'l;:?a I / \ r- cijU I I T \ E ~. AN JUV"" "LVD '-- ~ URI. ~ I I I I~ [}H ~~ 11 = 'f ... . ~ ~ ... 1~ I .I = ~ V'r"F'i'l= .\~ ,... - o / (t-} 1--- . <2UJ ~ ~ I--~ ~I'-...L ____ '" ;;:- P1u ~~ ~- ~~1~ ~Co ~ OJ ~ ~-' osl r ~ \~I~ ~NDbVE~ Incorporated 1974 LAND e1'lto ov~-? s(1/, v " 2 ~ ,,0 00 I~l;) ~"\ ~E/, II: I~ \>- * i~ f I AVE ~~o I~ .'d. I ?" o ,~l\:J ( ~ 1<< ~ - - - -----.,< J - - IL 1.. ~ l:rc~:.~ = ~ ] - 21 -< ~ -Lvi ,\\f1F ~ - URM --I os GC r-r"" ILL Iff 139THA IL T III I USE MAP EXCERPT os '''~ ~J I \ I land Use Designations: Q RR - Rural Residential Q URL. Urban Residential Low Q URM - Urban Residential Medium ~ URH - Urban Residential High @ TR - Transitional Residential Q LC - Limited Commercial ",. LC/MD.. Limited Commercial/Medium Density Q NC.. Neighborhood Commercial ~ cgJ Q ~ Q Q o GC.. General Commercial TC - Transitional Commercial [:j LI - Light Industrial P - Public RRR - Rural Reserve OS . Open Space AG .. Agriculture SUBJECT AREAS 6 N Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 Page 8 . PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (06-01) TO CHANGE THE LAND USE DESIGNATION OF THE CLOSED LANDFILL SITE TO OPEN SPACE Mr, Bednarz explained the Commission is asked to review the proposed comprehensive plan amendment for the closed landfill site. Mr, Bednarz discussed the staff report with the Commission, Motion by Walton, seconded by Casey, to open the public hearing at 8:05 p.m, Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote, No one wished to address the Commission, Motion by Walton, seconded by Casey, to close the public hearing at 8:05 p,m, Motion carried on a 6-ayes, O-nays, l-absent (Greenwald) vote, Motion by Walton, seconded by Casey, to recommend approval of the comprehensive plan amendment to allow the entirety of the closed landfill to be designated as Open Space on the Land Use Map, Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote. Mr, Bednarz stated that this item would be before the Council at the September 19, 2006 City Council meeting, -'c_ ~ cw 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: Mayor and Councilmembers Jim Dickinson, City Administrator ./ Will Neumeister, Community Development Director C~ FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Rezoning/Change Landfill Site Zoning to Closed Landfill Restricted - Planning DATE: September 19,2006 INTRODUCTION The Council is asked to review the proposed rezoning for the closed landfill site, DISCUSSION As with all rezonings, in order to change the zoning the City must establish one of the two following findings are present: 1. The original zoning was in error, 2. The character of the area or times and conditions have changed to such an extent to warrant the rezoning, In this case it is appropriate to say that the original zoning was in error, As the attached map illustrates, the landfill site is zoned R-l, Single Family Rural Residential, R-4 Single Family Urban Residential and GB, General Business, The deed restrictions of the closed landfill site prohibit nearly all of the uses permitted in these zoning districts, It is appropriate to rezone the property to CLR, Closed Landfill Restricted, to clearly represent the limited uses of this property, Planning Commission Recommendation The Planning Commission unanimously recommended approval ofthe rezoning, ACTION REQUESTED Staff asks the Council to approve the proposed rezoning and summary ordinance. Cc: Jean M. Hanson MPCA Closed Landfill Unit Majors and Remediation Division 520 Lafayette Road St. Paul, MN 55155-4194 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE AMENDING CITY CODE TITLE 12-3-5 ZONING DISTRICT MAP TO CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R- I), SINGLE FAMILY URBAN RESIDENTIAL (R-4) AND GENERAL BUSINESS (GB) TO CLOSED LANDFILL RESTRICTED (CLR) THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: City Code 12-3-5, The Zoning District Map of the City of Andover is hereby amended as follows: Rezone land from Single Family Rural Residential (R-l), Single Family Urban Residential (R-4) And General Business (GB) to Closed Landfill Restricted (CLR) legally described as: PARCEL A (P.lD. # 27-32-24-31-0007) All that part of the Northeast Quarter of the Southwest Quarter of Section 27 Township32 Range 24 Anoka County, Minnesota, described as follows: Commencing at the northeast corner of said Northeast Quarter of the Southwest Quarter, thence westerly along the north line thereof for 58.6 feet to the center line of County State Aid Highway No, 18, thence South 32 degrees 55 minutes West for 550.17 feet along said center line, thence South 44 degrees 11 minutes West for 342.85 feet along said center line, thence South 45 degrees 26 minutes East for 872,00 feet to the southeast corner of said Northeast Quarter of Southwest Quarter, thence north along the East line of said Northeast Quarter of the Southwest Quarter to the point of commencement. Subject to an easement to R.E.A and other easements of record, if any, Subject to the rights-of-way of C.S,A,H, No, 16 and C,S,A,H No. 18. PARCELB (P.LD. # 27-32-24-42-0001) All that part of the Northwest Quarter of Southeast Quarter of Section 27 Township 32 Range 24, Anoka County, Minnesota, lying south of the center line of Coon Creek. PARCEL C (P.lD. # 27-32-24-41-0122) That part of Lot 29, Block 1, NATURES RUN C.I.C, NO, 96, Anoka County, Minnesota, described as: -2. - Beginning at the Southwest corner of said Lot 29, said comer being also the southwest corner of the Northeast Quarter of the Southeast Quarter of said Section 27, Township 32, Range 24; thence along an assumed bearing of North 00 degrees 07 minutes 18 seconds West along the most westerly line of said Lot 29 a distance of 688,72 feet; thence South 79 degrees 45 minutes 19 seconds East a distance of 40.89 feet; thence South 60 degrees 04 minutes 12 seconds East a distance of 43.45 feet; thence South 43 degrees 56 minutes 49 seconds East a distance or 45,73 feet; thence South 39 degrees 44 minutes 38 seconds East a distance of 88,10 feet; thence South 40 degrees 48 minutes 57 seconds East a distance of 91.31 feet; thence South 43 degrees 00 minutes 57 seconds East a distance of 36,65 feet; thence South 29 degrees 03 minutes 59 seconds East a distance of 49,60 feet; thence South 39 degrees 08 minutes 25 seconds East a distance of 60.74 feet; thence South 53 degrees 25 minutes 00 seconds East a distance of37.89 feet; thence South 47 degrees 52 minutes 34 seconds East a distance of 42,64 feet; thence South 41 degrees 09 minutes 22 seconds East a distance of 51.36 feet; thence South 35 degrees 56 minutes 48 seconds East a distance of 40,54 feet; thence South 27 degrees 39 minutes 19 seconds East a distance of 35,77 feet; thence South 40 degrees 14 minutes 42 seconds East a distance of 54.12 feet; thence South 47 degrees 16 minutes 27 seconds East a distance of 32,39 feet; thence South 37 degrees 37 minutes 40 seconds East a distance of 59.79 feet; thence South 34 degrees 27 minutes 40 seconds East a distance of 43.18 feet; thence South 31 degrees 05 minutes 02 seconds East a distance of 54,84 feet; thence South 48 degrees 22 minutes 53 seconds East a distance of 53.40 feet to the most southerly line of said Lot 29; thence North 89 degrees 04 minutes 22 seconds West along the most southerly line of said Lot 29 a distance of 635,88 feet to the Point of Beginning. (As described in Quit Claim Deed filed as Anoka County Doc, No, 1649743) PARCELD (P.lD. # 27-32-24-44-0001) The Southeast Quarter of Southeast Quarter Section 27 Township 32 Range 24, Anoka County, Minnesota, Subject to the right-of-way of County Road No, 78, PARCELE (P.lD. # 34-32-24-11-0002) All that part of the Northeast Quarter of Northeast Quarter of Section 34 Township 32 Range 24, Anoka County, Minnesota, described as follows: Beginning at northeast corner of the Northeast Quarter of Northeast Quarter, thence North 89 degrees 08 minutes 39 seconds West along north line of said Northeast Quarter of Northeast Quarter 1316,94 feet to the northwest corner of said Northeast Quarter of Northeast Quarter, thence South 0 degrees 18 minutes 44 seconds West along west line of said Northeast Quarter of Northeast Quarter, 15 feet, thence South 89 degrees 08 minutes 39 Seconds east 180,52 feet, thence South 75 degrees 30 minutes 33 seconds East 190,89 feet, thence South 89 degrees 08 minutes 39 seconds East 474.80 feet, thence North 67 degrees 05 minutes 08 seconds East II 1.64 feet, thence South 89 degrees 08 minutes 39 seconds East 373.94 feet more or less to a point on east line of said Northeast Quarter of Northeast Quarter, thence North 0 degrees 15 minutes 45 seconds East along said east line 15 feet to the point of beginning, except road, subject to easement of record. -]'- PARCEL F (P.lD. # 34-32-24-12-0002) All that part of the Northwest Quarter of Northeast Quarter of Section 34 Township 32 Range 24, Anoka County, Minnesota, described as follows: Beginning at northeast corner of said Northwest Quarter of Northeast Quarter, thence North 89 degrees 08 minutes 39 seconds West along north line of said Northwest Quarter of Northeast Quarter, 1078,71 feet, thence South 68 degrees 56 minutes 31 seconds East 402,99 feet, thence South 81 degrees 03 minutes 01 seconds East 109,56 feet, thence North 70 degrees 32 minutes 11 seconds East 198.91 feet, thence North 80 degrees 59 minutes 38 seconds East 411.73 feet more or less to a point on the east line of said Northwest Quarter of Northeast Quarter, 15 feet southerly of the point of beginning, thence North 0 degrees 18 minutes 44 seconds East along said east line 15 feet to the point of beginning, subject to easement of record, PARCEL G (P.ID. # 27-32-24-43-0001) The Southwest Quarter of Southeast Quarter of Section 27 Township 32 Range 24, Anoka County, Minnesota, PARCEL H (P.lD. # 27-32-24-34-0038) Outlot A, Kensington Estates 4th Addition, according to the recorded plat thereof, Anoka County, Minnesota, PARCEL I (Part of P.lD. # 27-32-24-34-0003) All that part of the southerly 500,00 feet of the easterly 500,00 feet of the Southeast Quarter of the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the northeast corner of said southerly 500,00 feet of the easterly 500.00 feet, said northeast corner also being the southeast corner of OUTLOT A, KENSINGTON ESTATES 4TH ADDITION, according to the recorded plat thereof; thence on an assumed bearing of North 89 degrees 06 minutes 16 seconds West along the northerly line of said southerly 500,feet of the easterly 500.00 feet and the southerly line of said OUTLOT A for 87,07 feet to the southwest corner of said OUTLOT A; thence South 15 degrees 15 minutes 57 seconds East for 331.50 feet to the easterly line of said Southeast Quarter of the Southwest Quarter; thence North 00 degrees 02 minutes 26 seconds West along said easterly line for 318.44 feet to the point of beginning, The rezoning is based on the fact that the original zoning was in error, The deed restrictions of the closed landfill site prohibit nearly all of the uses permitted in the R-l, Single Family Rural Residential, R-4 Single Family Urban Residential and GB, General Business Zoning Districts, It is appropriate to rezone the property to CLR, Closed Landfill Restricted, to clearly represent the limited uses ofthis property, -f- All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this _ day of 2006. CITY OF ANDOVER ATTEST: Michael R, Gamache, Mayor Victoria V olk, City Clerk -5-- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. A SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 12-3-5 ZONING DISTRICT MAP TO CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l), SINGLE FAMILY URBAN RESIDENTIAL (R-4), AND GENERAL BUSINESS (GB) TO CLOSED LANDFILL RESTRICTED (CLR) FOR PROPERTY WITHIN THE WDE CLOSED LANDFILL STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462, Policy The purpose of this ordinance is to apply the Closed Landfill Restricted Zoning District to property within the WDE Closed Landfill site within the City of Andover to adequately addresses the land use restrictions of this site, GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the WDE Closed Landfill within the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance, Interpretation Interpretation ofthe provisions ofthis ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor ofthe governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk, Adopted by the City Council of the City of Andover on this _ day of ,2006, ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R, Gamache, Mayor -t:~ 5l\NnbVE~ Incorporated 1974 ZONING MAP EXCERPT L t-- \ - L ..I -, t--~).. I II I=LJ = I I \ -; _ t-- J lal~ r--- / I \"t- ~ -' B ~~ R-1j ~ I I I 'y~~ - B At ~ t: =::::; f-, IA\ \. -11 I- --j t-- 'I/,- _-j. _ ~" / - / :::J - I I I I l\ t-FII ~ H';;';:", - - F ~ "'\ y~ I I AN )UV~" bLVD 1""'- - Q;' ~R-1 I I I tElsni. I J I I I 'C: =v- ~ Ih'!J ~,{~ )11 I ~f-I = '~ ~' ~. ...r-1 f-~ _ J , R-4' "(' M-1 ~IS~>~t- 1~-::::~ t=r\'~^ ~ ,', ,', ~ =1~ ~ r- ~(A I - >~y p ~ ~ i: 11J ~');Y ~ =~ v %0' II-/-d III~ ~~ ~ _I :;:t~::: .............. ~ - ~~ '< ;" ,.....-;::.-> U d~'-\./7-.-.... - \ - \r~~ _r- 1--"'- ~ C;S r- - H,".of"""'" ~' .~~~~~ = M-1 ( ~ ~ ~ ~~ n". mrr ,e== ~ e- ~ ,I" /f----- ~ g tNn, I I~ f'-..r--- 01110 ov~-? S,t< II.... r< Zoning Designations: Q R-1. Single Family-Rural Q R-1A - Manufactured Housing Q R.2. Single Family-Estate Q R-3. Single family-Suburban Q R-4. Single Family-Urban Q M-1 - Multiple Dwelling Medium Density t;? M-2. Multiple Dwelling Q La. limited Business Q NB. Neighborhood Business Q SC - Shopping Center o GB. General Business Q 1- Industrial Q GR. General Recreation (';1 AG-Agricultural o Water Q RighI of Way Thooinlorm.olionr..pr....nle<lOlllhi.m""diSQIayollw oontentoortt-.cilvolA....<Nerotrltiallon,ngMap The Zon'ng M"" IlI01lly. O'8l'hicaldepocllOl\oIlha ZOIl"'llD,sctl'll::t., Tr>o, ZOIl,ng Oro,nanco lhould l>e "'~"'nced Jar ~,r.:: quulion concam,ng on. vanOUIZon<ngdes>l1"_ t:::I SUBJECT AREAS Zon,ngdasign.bons.,.subjecltlch.nge.ForquesliOllI orcorrvnen;.ple...oonl8<:I1haCl)'oIAr.d"",e, City of Andowr. Pl.nn;n" Dep.rt....nl 1685Crontown Blvd. NW Andovw. MN 155304 (76317155-5100 . Map 0",,": May2110ll RF:l0,68<I lOnchequa.W1'- Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 Page 9 ~ PUBLIC HEARING: REZONING (06-05) TO CHANGE THE ZONING OF THE CLOSED LANDFILL SITE TO CLOSED LANDFILL RESTRICTED. City Planner Bednarz stated the Planning Commission is asked to review the proposed rezoning for the closed landfill site, Mr, Bednarz reviewed the information with the Commission, Motion by Walton, seconded by Casey, to open the public hearing at 8:05 p,m, Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote, No one wished to address the Commission, Motion by Walton, seconded by Casey, to close the public hearing at 8:05 p,m, Motion carried on a 6-ayes, a-nays, I-absent (Greenwald) vote, Motion by Walton, seconded by Casey, to recommend approval of the rezoning to CLR, Closed Landfill Restricted because the original zoning was in error, Motion carried on a 6-ayes, a-nays, I-absent (Greenwald) vote, Mr, Bednarz stated that this item would be before the Council at the September 19, 2006 City Council meeting, -1)- @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . W W.CI.ANDOVER.MN.US ~ Mayor and Councilmembers Jim Dickinson, City Administrato / Will Neumeister, Community ~f.velopment DirectorwL Courtney Bednarz, City Plannd:t7 TO: CC: FROM: SUBJECT: Consider Ordinance Amendment/City Code Section 9-1-6 Construction Near WOE - Planning DATE: September 19, 2006 INTRODUCTION This ordinance amendment would correct an error in the City Code, As discussed at the July 18th meeting, the City Code presently refers to Line F for both the 200 and 500 foot setbacks from the landfill. The 200 foot setback needs to be changed to refer to Line E, DISCUSSION The change is shown in the attached ordinance amendment in bold, The existing City Code section with this issue highlighted is also attached, In addition to this simple change, staff will make copies of the map available in both the printed and online versions of the City Code. Planning Commission Discussion The Commission questioned why the 200 foot setback line extended significantly further than 200 feet from the waste limits of the landfill near Crosstown Boulevard. It has since been clarified that although the line has commonly been referred to as the 200 foot setback line, this line also extends to the perimeter of the landfill property north of Coon Creek near Crosstown Boulevard, While technically more than 200 feet from the waste limits within the landfill, the setback is still appropriately shown as land inside of the boundary is part of the landfill site and construction of buildings unrelated to maintenance of the facility is not permitted, The proposed ordinance amendment more clearly defines this setback. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed amendment including revision of the map to adjust the setback boundary north of Coon Creek. As discussed above, it has been clarified that the setback is appropriately shown and should not be modified. ACTION REQUESTED The Council is asked to approve the proposed ordinance amendment. Attachments Ordinance Amendment Exhibit A (map) Additional Information PI Commissi n Minutes es ourtn e narz Cc: Jean M. Hanson MPCA Closed Landfill Unit Majors and Remediation Division 520 Lafayette Road St. Paul, MN 55155-4194 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 1: BUILDING CODE Section 9-1-6: CONSTRUCTION NEAR WDE SITE: A. No Construction Within Two Hundred Feet Of Site: No enclosed structure. exceot those oermitted in the Closed Landfill Restricted Zoninl! District. shall be built within two hundred feet (200') of the limit of refuse disposal at the WDE qualified facility as depicted as Line FE in Exhibit A attached to Ordinance 205 on file in the office of the City Clerk for public use and inspection (Exhibit A is a drawing of the WDE qualified facility), exeept!!!!! within the Qualified landfill facility for any property north of Coon Creek, Adopted by the City Council of the City of Andover this _ day of ,2006, CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor -1-- 1- I c:: r- J ... r-- ... I Q ..J I , = " , I r..N"Of A ~.,! ~: - - ?? - , '" l.J \.I,J I X- I...... ~ cr ! r: C . f'orIc r-; --. .......-:-~ " ." i: i'i~".. fV ~ x -< A ~'~'~'-"i \~ ;rL- - - ~~ WPE ".~ '""1-"" -.. ---. .:; / fl. / .~. .~~:....'. ./ -.".:.." /" ' I . . 31 L 6 'e' 9 i 8 " ~J- , \./ r- --.J' ~ , I c~~:.~. ::~~! ~.~w~~i'~.. /0/ k.. ''''bo.',','"c..'''/ ~: "::""~_~';.~'. :~..;. ~~r # Attachment B: City Code City Code 9~1-6 ..", security agreement, and the city shall proceed to complete the improvements and collect the costs thereof from the security. - 4. If proof of other security is provided by the general contractor or home builder, the above security will not be required. C. Definition: For the purposes of this section, the tenn "boulevard- shaD mean the area of a public right-of-way extending from the back: of the curb, or the edge of a roadway Where no curb is installed, to the right-of- way fmil (Amended Ord, 205,34-1997; amd. 2003 Code) 9-1-6: CONSTRUCTION NEAR WOE SITE: A No Construction WIthin Two Hundred Feet Of Site: N~ enclosed ~truCture , *shall be built within two hundred feet (200') of the limn of refus. e disposal'a7ff the WOE qualified facility as depicted as Une F in Exhibit A attached to Ordinance 205 on file in the office of the City Clerk for public use and inspection (Exhibn A is a drawing of the WOE qualified facility), except for . any property north of Coon Creek:. 8, . Construction Within Two Hundred To FIVe Hundred Feet Of Site: 1. Priqr To Construction; Soil Gas Monitoring Probe Required: a. For any enclosed structure to be erected within two hundred feet (200') to five hundred feet (500') of the fmn of refuse disposal at the WOE ~alified facility as depicted in Exhibn A attached to Ordinance 205 on fi~e in the office of the City Clerk for public use and inspection, excluding perty north of Coon Creek (the line 500 feet distant from the limn of refuse disposal is depicted as Une E), the property owner shaD, prior to construction of the structure, install ascii gas monitoring probe located' betweeh the structure and the limit of refuse disposal at the WOE quaflfied facility. The soil gas-monitoring probe shall be of a design approved by the Commissioner of the Minnesota Pollution Control Agency ("Commissioner") and shan be installed in a location approved by the Commissioner, The soH gas-monitoring probe shall be installed by a water well contractor licensed in the State of Minnesota, Installation of a soil gas- monitoring probe pursuant to this Subsection B 1 a shaD not be required if the Commissioner, in hislher sole discretion, determines that an existing soil gas-monitoring probe located in between the proposed enclosed structure and the limit of refuse disposal at the WOE qualified facilIty provided adequate monitoring, b, The property owner and hislher successors and assigns shall grant the Commissioner and hislher designates access to the property in order to conduct sampling of the soil gas-monitoring probe until such time as the -'I~ woe Site ........... .......................... ."..---..-----....- -- .". ..... 1~ 'f'III' 'f:Ilo ~ ~ .. '" Ii~~....~., /\ Refuse Limits, with 200' and 500' zones 1\ i Site boundary . . D Parcel boundaries N Waste boundary N Wetland 800 o 800 Feet I . , " J. ~ .." 200' from refuse limit, and additional property as shown in City of Andover Ordinance 19, Exhibit A. 500' from refuse limit, and additional property as shown in City of Andover Ordinance 19, Exhibit A. N w-<1-' Source: City of Andover, URS Corporation survey, 2003 S -5'- Figure Regular Andover Planning and Zoning Commission Meeting Minutes - August 22, 2006 Page 10 ~ PUBLIC HEARING: ORDINANCE AMENDMENT TO AMEND CITY CODE 9-1-6 CONSTRUCTION NEAR WDE SITE. City Planner Bednarz explained this ordinance amendment would correct an error in the City Code, The City Code presently refers to Line F for both the 200 and 500 foot setbacks from the landfill. The 200 foot setback needs to be changed to refer to Line E. Mr, Bednarz reviewed the staff report with the Commission, Commissioner Kirchoff stated on item 8, the map is supposed to show the two hundred foot shows the WDE site and then the two hundred foot perimeter but when it gets to Crosstown it shoots out and does not look like it is part of the WDE, He wondered if it is technically part of the WDE, Mr, Bednarz stated the two hundred foot setback is intended to be at the tow of the landfill, He showed on the map where the area was located, Motion by Walton, seconded by Casey, to open the public hearing at 8:05 p.m, Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote, Noone wished to address the Commission, Motion by Walton, seconded by Casey, to close the public hearing at 8:05 p,m, Motion carried on a 6-ayes, O-nays, I-absent (Greenwald) vote, Motion by Kirchoff, seconded by Casey, to recommend approval of the proposed ordinance amendment. Motion carried on a 6-ayes, O-nays, l-absent (Greenwald) vote. Mr. Bednarz stated that this item would be before the Council at the September 19, 2006 City Council meeting. A. eptember 12, 2006 Planning Commission Meeting City Planner Bednarz explam the State Primary Election will conflict with the regularly schedule meeting on September I, 06. The Commission is asked to reschedule their meeting, The Commission discussed and decided to reschedule September 12, 2006 Planning Commission meeting time to 8:01 p,m. or as an alternative 2006 at 7:00 p,m, if the agenda is lengthy, Mr, Bednarz updated the Planning Commission on related items, -b- @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrat Will Neumeister, Community Develop ent Director ~ Courtney Bednarz, City Plann~ FROM: SUBJECT: Consider Rezoning/R-l to R-4/Property Located East of Prairie Road on Andover Blvd.- Planning DATE: September 19,2006 INTRODUCTION The Council is asked to review the proposed rezoning to allow the Hickory Meadows plat to move forward, DISCUSSION As with all rezonings, one ofthe two following findings provided by state statute must be made: 1. The original zoning was in error, 2, The character of the area or times and conditions have changed to such an extent to warrant the rezoning, Times and conditions have changed due to the fact that agreement has been reached with property owners to allow nearly 30 acres of urban development to be proposed, The subject properties lie within the Municipal Urban Service Boundary and within the Current stage of sewer expansion in the Comprehensive Plan, Planning Commission Recommendation The Commission unanimously recommended approval of the proposed rezoning, ACTION REQUESTED The Council is asked to approve the proposed rezoning and summary ordinance based on the fact that times and conditions have changed. Attachments Ordinance Amendment Ordinance Summary Location Map Cc: Bruce Carlson, Kodiak Development 8512 124th Lane Champlin, MN 55316 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE AN ORDINANCE AMENDING CITY CODE TITLE 12-3-5, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code 12-3-5, The Zoning District Map of the City of Andover is hereby amended as follows: 1) Rezone land from R-l, Single Family Rural Residential to R-4, Single Family Urban Residential on approximately 29,94 acres legally described as: DEED # 1269640 PROPERTY DESCRIPTION: All that part of the west 100.00 feet of Lot 4, "AUDITOR'S SUBDIVISION NO, 141, Anoka County, Minnesota, which lies north of the following described line: Commencing at the southeast corner of said Lot 4; thence North 00 degrees 29 minutes 17 seconds West (orientation ofthis bearing system is assumed), along the east line of said Lot 4, a distance of 1367.69 feet, to the point of beginning of the line to be described; thence South 79 degrees 46 minutes 33 seconds West, a distance of328,71 feet to the east line of said Lot 4 and said described line there terminating, This parcel is subject to the right of way of Andover Boulevard N.W, and other easements ofrecord if any. DEED # 1551626 PROPERTY DESCRIPTION: That part of the West half ofthe Southeast Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota lying Southerly of the following described parcel described as follows: Beginning at the northeast corner of said West half of the Southeast Quarter; thence on an assumed bearing of South 89 degrees 49. minutes 11 seconds West, along the north line of said West half of the Southeast Quarter, a distance of 107,00 feet; thence south 00 degrees 27 minutes 57 seconds East, parallel to the east line of said West half ofthe Southeast Quarter, a distance of 1317,50 feet; thence North 67 degrees 28 minutes 54 seconds East a distance of 65.68 feet; thence North 80 degrees 09 minutes 37 seconds East a distance of 46,75 feet to a point on said east line distant 1284,69 feet south from said northeast corner thereof; thence North 00 degrees 27 minutes 57 seconds West, along said east line, a distance of 1284.69 feet to the point of beginning, Also known as part of Lot 2 and Lot 3, Auditor's Subdivision Number 141, according to the recorded plat thereof and situate in Anoka County, Minnesota, -2- DEED # 1571355 PROPERTY DESCRIPTION: The tract or parcel ofland lying and being in the County of Anoka and State of Minnesota, Described as follows, To-Wit: That part of the west 1/2 of the Southeast 1/4, Section 25, Township 32, Range 24, Anoka County, Minnesota, Described as follows: Beginning at a point in the North line of said West 1/2 ofthe Southeast 1/4, Which point is 99 feet West of the Northeast corner thereof; Thence West along said North line a distance of 165 feet; thence South and parallel with the East line of said West 1/2 of the Southeast 1/4 to Coon Creek; thence easterly along the northerly Shore of Coon Creek to its intersection with a line drawn parallel with said east line from a point in the North line of said West 1/2 of the Southeast 1/499 feet West of the northeast corner thereof; thence North along said line to the point of beginning, EXCEPT the easterly 8 feet thereof, now known as Lot 2, AUDITOR'S SUBDIVISION NO, 141, EXCEPT the easterly 8 feet thereof, Subject to all easements, covenants, conditions, reservations, leases and restrictions of record, all legal highways, all rights of way, all zoning, building and other laws, ordinances and regulations, all rights of tenants in possession, and all real estate taxes and assessments not yet due and payable, DEED # 1753932 PROPERTY DESCRIPTION: Real property in Anoka County, Minnesota, Described as follows: That part ofthe East 257,50 feet of Lot I, AUDITOR'S SUBDIVISION NUMBER 141, according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of the following described line: Beginning at a point on the East line of said Lot 1 distant 1427.98 feet South of the northeast corner thereof, for the purposes of this description said East line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570,26 feet; thence westerly a distance of 364.52 feet along a tangential curve concave to the north having a radius of 500,00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 47 seconds West, Tangent to said curve, a distance of 202.3 I feet to a point onto he west line of said Lot 1 distance 1770.00 feet southerly of the northwest corner thereof, said line there terminating, Subject to restrictions, reservations, easements, covenants, oil, gas, or mineral rights or record, if any, DEED # 1299816 PROPERTY DESCRIPTION: The West 257,50 feet of the east 515,00 feet of Lot I, AUDITOR'S SUBDIVISION NUMBER 141, Anoka County, Minnesota, lying northerly of the following described line: -3- Beginning at a point on the east line of said Lot 1 distant 1427,98 feet south of the northeast corner thereof, for the purposes of this description said east line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 East; thence westerly a distance of 364,52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 47 seconds West, tangent to said curve, a distance of 202,31 feet to a point on the west line of said Lot 1 distant 1770.00 feet southerly of the northwest corner thereof, said line there terminating, Subject to the right of way of County State Aid Highway NO, 16. 2) The finding for the rezoning is that times and conditions have changed due to the fact that owners of property within the Municipal Urban Service Boundary and within the current stage of sewer expansion in the Comprehensive Plan have reached agreement for urban development to occur, 3) All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover, Adopted by the City Council of the City of Andover on this _ day of ,2006, CITY OF ANDOVER ATTEST: Michael R, Gamache, Mayor Victoria V olk, City Clerk -r'- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. A SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 12-3-5 ZONING DISTRICT MAP TO CHANGE THE ZONING DESIGNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462, Policy The purpose ofthis ordinance is to change the zoning of the subject property to allow urban development. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The change of zoning approved by this ordinance shall apply to approximately 30 acres of property generally located in the Northwest quarter of the Southeast quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota. Enforcement The City Administrator or his designee shall have authority to enforce this ordinance. Interpretation Interpretation ofthis ordinance shall be liberally construed in the favor of the governing body. A printed copy of the entire ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _ day of ,2006. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk Michael R, Gamache, Mayor ~- Hickory Meadows \\ ~ \'Afill - - O~ - a: - w a: ~ - r-- r-~~ 0. ~ . . . ANnnVER BLVD . . ~i - L'/ llC01 f!- - ~ ~ "')~~H 11 / ~ ~<~ ~ ~== t= ;t ;j. - f- r th~ =~ ~ - r- ~ _ r- &\ I II~ " '~ ),~ '\ ~JI I~~ II '~ ~~ ~ I~' ~f-.. I t:: I I I l \ \ V. N W-\r' 5 Location Map -c'- ~NDbVE~ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755.8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Councilmembers ~ Jim Dickinson, City Administrato~ Will Neumeister, Community Development Director TO: FROM: Courtney Bednarz, City Planned; SUBJECT: Consider Preliminary PlatlHickory Meadows - Planning DATE: September 19,2006 INTRODUCTION The Council is asked to review a Preliminary Plat for Hickory Meadows, The Council previously reviewed a sketch plan for the entire area south of Andover Boulevard and east of Prairie Road, The proposed plat contains 45 lots at the center of that sketch plan, DISCUSSION Conformance with Local Plans and Ordinances 1. The property is located in the Metropolitan Urban Service Area (MUSA), 2, The property is currently zoned R-l, Single Family Rural Residential. A rezoning to R-4 is necessary to allow the project to move forward, The project is designed to conform to the R-4 Zoning District requirements, Street Access Public street access to the plat would be provided from Andover Boulevard, Sixty-six feet of right-of-way is proposed at the entrance to the proposed plat to allow sufficient width for three lanes (an entrance, and exiting left and right turn lanes). The internal streets will conform to the city's standards (33 feet wide within 60 feet of right-of-way), Streets would be stubbed to both the east and west sides of the plat to allow future extension to conform to the overall sketch plan of this area. Temporary cul-de-sacs would be provided for the three streets that extend more than 210 feet from an adjacent intersection, A variance to allow cul-de-sacs extending beyond 500 feet is needed, as a single access to Andover Boulevard will be provided with the plat. Staff recommends in favor of the variance due to the fact that the sketch plan illustrates how these streets can be extended in the future to allow additional street connections, Anoka County Highway Department (ACHD) Comments from the ACHD are attached, A westbound bypass lane and eastbound right turn lane along Andover Boulevard will be required at the entrance to the plat. A condition of approval requires the applicant to conform to the recommendations of the Anoka County Highway Department. Additional right-of-way is proposed to be dedicated along Andover Boulevard to achieve 60 feet in width for the south half of this right-of-way, All ofthe existing driveways to Andover Boulevard will be eliminated. The right-of-access to Andover Boulevard will be dedicated to Anoka County on the final plat, with the exception of the proposed new intersection. Sewer and Water Access The trunk sewer and water lines for this area are located just south of Coon Creek in alignment with Butternut Street NW. The applicant has purchased six properties totaling nearly 30 acres to the west of these existing utilities, The developer has attempted to purchase the properties between the existing utilities and the proposed project without success, As a result, the applicant proposes to extend utilities up to Andover Boulevard, west along Andover Boulevard and back south into the development. There are existing easements along Butternut Street NW and Andover Boulevard, The proposed utility route shown on the preliminary utility plan shows a portion of the proposed utilities outside of these easements as well. A condition of approval requires the applicant to provide any additional easements necessary to allow the utilities to be constructed to serve the plat. The Engineering and Public Works Departments recommend against the proposed utility route, The proposed route will require additional trunk sewer construction and result in approximately 2.3 feet of lost sewer depth when compared to the ideal route roughly through the center of the development area, This may require a lift station to serve the remaining area assigned to this trunk sewer line (see attached Sewer Trunk Graphic), A condition of approval requires all increased costs from the proposed sewer route to be responsibility of the applicant. Floodplain A significant area of 100 and 500 year floodplain exist along Coon Creek at the south end of the proposed plat as shown on the grading plan, The 500 year floodplain areas can be removed from the floodplain with approval of a Letter of Map Amendment (LOMA) by FEMA, Areas within the 100 year floodway cannot be filled for development unless a floodway study has been done and approved by FEMA, the DNR and adopted by the City, This is a more extensive process that will involve stormwater calculations and remodeling of the drainage area of the creek. A recent example is the floodplain study that was completed in conjunction with the Country Oaks West Plat. The applicant has proposed an outlot to cover the 100 year floodplain area ofthe plat until the various approvals can be obtained. At that time a plat would need to be reviewed and approved to allow the outlot to be further subdivided, The sketch plan for this area illustrates how it will be platted once this occurs, Six lots within the 500 year floodplain are proposed to be platted and taken through the LOMA process for removal from the floodplain, No grading can be permitted within either the 500 or 100 year floodplain areas until the processes described above have been completed, Conditions are provided in the attached resolution reflecting these items. Pedestrian Access A pedestrian trail was discussed during review of the sketch plan to provide safe pedestrian access through this area of the city, The Comprehensive Trails Plan shows regional trails both along the creek and along Andover Boulevard, Construction of a trail along the creek may be complicated by the location of existing wetland and floodway. It is important to note that further investigation will involve soil borings and surveying that will be a cost to the city, The City Engineer would need to be authorized by the Council to pursue this location further, The grading plan presently shows a trail along the north side of the proposed I 44th Avenue where it would be near the center of the new neighborhood and more easily accessible to the majority of future lots in this area of the city. The timing offuture trail connection along Andover Boulevard will be 2 contingent on the dedication of funding for this purpose, It is important to note that both of these trails would be regional trails paid for out of the city's trail fund, The Planning Commission was in favor of a trail location along the creek, if feasible, If the Council is in favor of a trail along the creek and further investigation proves that it is feasible, a trail easement will need to be dedicated for this purpose when a preliminary and final plat are approved for the outlot area near the creek. A condition of approval of this preliminary plat addresses this item, Tree Preservation Tree preservation is shown along the north side of the proposed plat as well as areas along the east and west boundaries at the south end of the plat. The tree protection plan also shows several areas where trees are proposed to be transplanted, However, a majority of the trees within the center of the plat are proposed to be removed to allow development to occur, The developer indicated that grading will respect existing trees as much as possible and trees capable of being transplanted will be relocated throughout the proposed plat as grading occurs. Double Frontage Lots Double frontage lots are permitted along arterial streets such as Andover Boulevard. Lots 10 and 11 of Block 1 and Lots 1,2 and 3, Block 2 are double frontage lots, The City Code 12-13-5 D, provides screening requirements for double frontage lots, The proposed tree save areas will provide much of the required screening and transplanted trees (as shown on the attached tree preservation plan) will provide the rest. Existing Structures There are five existing homes and a number of accessory buildings within the plat as shown on the attached preliminary plat. The accessory buildings will be removed from the property, Three of the existing homes will be removed, One of the homes will be repositioned on Lot 12, Block 1, The house shown on Lot 9, Block 1 is substantial in size and is proposed to remain, as it presently exists, The home would sit 21.9 feet from the rear yard of the proposed lot. The rear yard setback is in the R-4 district is 30 feet. This would require a variance to the rear yard setback. Transplanted trees are also shown between the existing house and adjacent lot. The applicant has indicated that the location of the entrance to the site was determined by the Anoka County Highway Department during sketch plan review and this location limits the area between the entrance and the existing house. Park Commission Recommendation The Park Commission recommended that a lot along the south side of proposed 144th Avenue at the west edge of the plat be dedicated as park land, The park location is now shown on the plat. The Commission recommended additional park land be added when the property to the west develops, The remainder of park dedication fees for this plat would be determined based on a formula as required by City Code 11-3-7 (1) d, Lots Each ofthe lots will meet the minimum lot width depth and area requirements of the R-4 Zoning District. Lots affected by floodplain are discussed earlier in this report, 3 Planning Commission Recommendation The Commission recommended approval ofthe plat with a 4-3 vote, The attached minutes reflect the Commission's discussion on the various issues, ACTION REQUESTED The Council is asked to approve or deny the proposed plat and to determine whether a trail along the creek should be further investigated, Attachments Resolution Location Map Preliminary Plat Plan Set Sewer Trunk Graphic Floodplain Graphic Anoka County Highway Department Comments Respectfully Submitted, a?& Cc: Bruce Carlson, Kodiak Development 8512 124th Lane Champlin, MN 55316 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO R -06 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "HICKORY MEADOWS" FOR PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 32, RANGE 24 LEGALLY DESCRIBED AS; DEED # 1269640 PROPERTY DESCRIPTION: All that part of the west 100.00 feet of Lot 4, "AUDITOR'S SUBDIVISION NO. 141, Anoka County, Minnesota, which lies north ofthe following described line: Commencing at the southeast corner of said Lot 4; thence North 00 degrees 29 minutes 17 seconds West (orientation of this bearing system is assumed), along the east line of said Lot 4, a distance of 1367,69 feet, to the point of beginning of the line to be described; thence South 79 degrees 46 minutes 33 seconds West, a distance of328,71 feet to the east line of said Lot 4 and said described line there terminating, This parcel is subject to the right of way of Andover Boulevard N,W, and other easements of record ifany, DEED # 1551626 PROPERTY DESCRIPTION: That part of the West half of the Southeast Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota lying Southerly of the following described parcel described as follows: Beginning at the northeast corner of said West half of the Southeast Quarter; thence on an assumed bearing of South 89 degrees 49 minutes 11 seconds West, along the north line of said West half of the Southeast Quarter, a distance of 107,00 feet; thence south 00 degrees 27 minutes 57 seconds East, parallel to the east line of said West half of the Southeast Quarter, a distance of 1317.50 feet; thence North 67 degrees 28 minutes 54 seconds East a distance of 65.68 feet; thence North 80 degrees 09 minutes 37 seconds East a distance of 46,75 feet to a point on said east line distant 1284.69 feet south from said northeast corner thereof; thence North 00 degrees 27 minutes 57 seconds West, along said east line, a distance of 1284,69 feet to the point of beginning. Also known as part of Lot 2 and Lot 3, Auditor's Subdivision Number 141, according to the recorded plat thereof and situate in Anoka County, Minnesota, DEED # 1571355 PROPERTY DESCRIPTION: The tract or parcel of land lying and being in the County of Anoka and State of Minnesota, Described as follows, To-Wit: 5 That part ofthe west 1/2 of the Southeast 1/4, Section 25, Township 32, Range 24, Anoka County, Minnesota, Described as follows: Beginning at a point in the North line of said West 1/2 of the Southeast 1/4, Which point is 99 feet West of the Northeast corner thereof; Thence West along said North line a distance of 165 feet; thence South and parallel with the East line of said West 1/2 of the Southeast 1/4 to Coon Creek; thence easterly along the northerly Shore of Coon Creek to its intersection with a line drawn parallel with said east line from a point in the North line of said West 1/2 of the Southeast 1/499 feet West of the northeast corner thereof; thence North along said line to the point of beginning, EXCEPT the easterly 8 feet thereof, now known as Lot 2, AUDITOR'S SUBDIVISION NO. 141, EXCEPT the easterly 8 feet thereof, Subject to all easements, covenants, conditions, reservations, leases and restrictions of record, all legal highways, all rights of way, all zoning, building and other laws, ordinances and regulations, all rights of tenants in possession, and all real estate taxes and assessments not yet due and payable, DEED # 1753932 PROPERTY DESCRIPTION: Real property in Anoka County, Minnesota, Described as follows: That part of the East 257.50 feet of Lot 1, AUDITOR'S SUBDIVISION NUMBER 141, according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of the following described line: Beginning at a point on the East line of said Lot 1 distant 1427,98 feet South of the northeast corner thereof, for the purposes of this description said East line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 feet; thence westerly a distance of 364,52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 minutes 47 seconds West, Tangent to said curve, a distance of 202,31 feet to a point onto the west line of said Lot 1 distance 1770,00 feet southerly of the northwest corner thereof, said line there terminating, Subject to restrictions, reservations, easements, covenants, oil, gas, or mineral rights of record, if any, DEED # 1299816 PROPERTY DESCRIPTION: The West 257,50 feet of the east 515.00 feet of Lot 1, AUDITOR'S SUBDIVISION NUMBER 141, Anoka County, Minnesota, lying northerly of the following described line: Beginning at a point on the east line of said Lot 1 distant 1427,98 feet south of the northeast corner thereof, for the purposes of this description said east line is assumed to bear South; thence South 57 degrees 58 minutes 57 seconds West a distance of 570.26 East; thence westerly a distance of 364,52 feet along a tangential curve concave to the north having a radius of 500.00 feet and a central angle of 41 degrees 46 minutes 16 seconds; thence North 80 degrees 14 6 minutes 47 seconds West, tangent to said curve, a distance of 202.31 feet to a point on the west line of said Lot 1 distant 1770,00 feet southerly of the northwest corner thereof, said line there terminating. Subject to the right of way of County State Aid Highway NO. 16, WHEREAS, Kodiak Development has requested approval of a preliminary plat for Hickory Meadows; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, a variance to City Code 12-3-4 to allow a rear yard setback of21.9 feet for the existing home to be located on Lot 9, Block 1 has been requested; and WHEREAS, the Planning Commission recommends approval of the variance based on finding the home is pre-existing and oriented toward Andover Boulevard where the driveway access exists, The relocation of the driveway to an internal street is desirable, and the significant size of the home makes it difficult to adjust its location; and WHEREAS, a variance to City Code 11-3-3 to allow streets terminating in a cul-de-sac that exceed 500 feet in length has been requested; and WHEREAS, the Planning Commission recommends approval of the variance based on finding that a sketch plan has been provided to illustrate how the streets can be extended in the future to provide additional street connections; and WHEREAS, as a result of such public hearing, the Planning Commission recommends approval of the preliminary plat to the City Council; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Preliminary Plat of Hickory Meadows with the following conditions: 1, The preliminary plat shall conform to the plan stamped received by the City of Andover September 12,2006, 2, The developer shall obtain all necessary permits and conform to the recommendations of the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site, 3, Park land shall be dedicated as shown on the preliminary plat and the remainder of park dedication shall be paid for on a per unit basis as established by the City Code, Rate increases shall be subject to State Statute. 4, If a trail location along Coon Creek is selected, the preliminary plat shall be revised to remove this trail from I 44th Avenue and a trail easement shall be dedicated along the creek at the time the outlot in this area of the plat is further subdivided, 5, Trail fees shall be paid for on a per unit basis as established by the City Code. Rate increases shall be subject to State Statute, 7 6, The applicant shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 7, Approval is contingent upon the applicant providing public easements of sufficient size to allow construction of public streets, sanitary sewer and water utilities to serve the plat in compliance with the City Code, 8, The applicant shall pay for a study to determine how the proposed utility route will affect the future extension of utilities to serve the area designated as Shadowbrook Lift Station Lateral Service Area on Figure 6 Yellow Pine Lift Station Alternative of the City's Trunk Sewer Plan, The applicant shall be responsible for the increased cost of constructing public utilities to serve this area, The increased cost shall be the estimated construction cost difference between the proposed utility plan and the most efficient extension of utilities through the center of the Shadowbrook Lift Station Lateral Service Area. 9, No grading within the floodplain shall be allowed to occur until all of the required federal state and local approvals have been obtained and placed on file with the city. 10, No lots within the 100 year floodplain shall be allowed to be platted until all of the required federal state and local approvals have been obtained and placed on file with the city, 11, Temporary cul-de-sacs and temporary easements shall be provided for all streets that extend and dead end at a distance greater than 210 feet from an adjacent intersection. 12, All existing overhead utilities within the plat shall be removed and placed underground, 13, A variance to City Code 12-3-4 is granted to allow a rear yard setback of21.9 feet for Lot 9, Block 1. 14, A variance to City Code 11-3-3 is granted to allow streets terminating in a cul-de-sac extending beyond 500 feet. 15, Such plat approval is contingent upon a development agreement acceptable to the City Attorney. Adopted by the City Council of the City of Andover this day of _, 2006, CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R, Gamache, Mayor 8 Hickory Meadows \\ ~\ - - or-'" - - c:: w c:: ~ -- -~~ n. . "'-- . ANnnv oR Bl'D ~i .... V CO LU-L ~ ,<' )~. ,.-:i I )tJtl". r--.. ,.-<; / \ I'd / ~ ~{~ ~ - \ ~~II= 'Po 0 - - -7 - - ~r r---, ~ = = ~ - - ~\~ ~= 0-'\J',', I ~ ~ '!'- I \ t '-- ~ -~\\ ~; ~~ 1,1\ ~~. T }:1~~ I I~ \ V_ N W-\r' S Location Map -''7- l'j:J~ . ",," ~, '111'.01 1 ~., : ~i~ I j1~:m I ~~r ' 5~1 'I ::111" I :Iih I ~!I'I '''11'11 I I'" I ,1'1 II ~::'l'~ ! IP:~' I J;i~ a: 1!111f' i Hid I Uip, I i w !!~bi~! ,~Ii i ~pl i ,), 6 ,llU:l'l II~.:I 11~J1 :.!t: o ' . ,~:JI, I 6111i :;-, I' , 'II ~ Willi5 jg~~~i ! g~, llihl LL l:li1iiJill' 11I~"il!1 i !!i1i,' ill'!!1 O Is ,If I' ,JIIII" ....1- .-, 'Ii l!~;~' II n.! : ~i~; q: d i >- 1"~lm'l '~1llI'II~~~" 'I"" I- i 1l1l!iiiil-l1u I'd ,I U ~1I1. i d II, U .1 11IIIliIiI1ll!iiil./J11I1 i? ,..... ! 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'\-' 4'" \\X~- \ ..... ...,: '" ~, . -~-:~-" '... - -I~/ -17- Figure No. 6 Yellow Pine Lift Station Alternative LEGEND 1\1 2020 MUSA Boundary Yellow Pine Alternative - ~ - ~ @"'.. ].cy'.J.',,<, .'~i,'T;.... - - Crosstown Trunk Service Area Lift Station #4 Service Area 150th Lane Trunk Service Area Shadowbrook Lift Station Lateral Service Area + Shadowbrook Addition Lateral Service Area Fox Wood Addition Lateral Service Area Pinewood Trunk Service Area South Crosstown Trunk Service Area Sanitary Sewer Pipe Diameter rv 4" rv 12" 24" rv 6" 15" f\J 30" rv 8" rv 18" rv 36" (\J 10" rv 21" rv Unknown Size Future Sanitary Sewer I'" .... J 12" I"".... J 10" Forcemain . Existing Lift Stations . Proposed Lift Station o 1600 Feet + s Map Sources: City of Andover Engineering Department City of Andover GIS Anoka County GIS Office Anoka Couny Assessor's Office Map Compilation Date: May 5, 2004 TKDA ENGINEERS' ARCHITECTS' PLANNERS i ! I _ 0-, 1\ i,'" r,:\:/:-:: I. ! , I, 'J \ :1 \~'~__'~~'_-:' _ _ __ _ __ L_ __ _ _ _ __ _, __ _,;; ~_~~~; ;;;._; -----.---- ........ LINE ~ro-..5III!.:l2.._.24- __..__ ---------- --~- .............,.."......M1 Andover Boulevard FLOoOPCAlt/ ~ItAPIrIIC. 2. /2 ----,-----'---,- -- I i CO. RD. NO. 1 --- -~--_I....~ .-.;--- ---'.. . I _ -1.. --- _. _ -. ---"i i ' I I , I _..:._-------j , ~-------~ "' .~ i , I ~-----,---1 , I ! I ',.J--- -~ , , I / / / / -; .. r l r " ._--~--~--_._-- [ , .' / .' ./ " l I J I r ' 'i ~ ~ , ~ ~ , , ; 53.. ; . ~' - , - . -i ' -__1_._ \ i , \ , /~ ilii~~~ ,I ~J:lJ~G~ 1 r---- I _LrSO~'t~~__ .~ i"'.~ I ,.~ :-.........;_..:...a~ I.... :~~.-. '--- ' I I __ ___1_____.1 L_______. , I I, ') i /' I( /' I ' I , 'LJ..' J' I ~.",."..'t. I I I I I ! ! / i , ' I :~ ! ., 1 -I I I' ! ,I I ; I I I I \ : I I I ----../.~' ~ I _I --~--i \' \ :\ ____I I I __J --- i 1 1 , /' /' \ \ \ \ , \ \ \ \ ~ I \: , i! ~-1 " ~ · ........ .. t:. ,.,..v ooC! ' , ). "".,.~ '- ,.. Y"'/lI~__ ..~ ""'S'( 4~1 "'~CI4.~ \'~~ .V COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. NW., ANDOVER, MINNESOTA 55304-4005 (763) 862-4200 FAX (763) 862-4201 ANOKA !COUNTY L September 11,2006 RECEIVED Courtney Bednarz City of Andover ] 685 Crosstown Blvd. NW Andover, MN 55304 3EP 1 2 2006 CITY OF ANDOVER Re: Preliminary Plat Hickory Meadows We have reviewed the Preliminary Plat for Hickory Meadows, located south ofCR 16 (Andover Boulevard NE) and east of Prairie Road within the City of Andover, and I offer the following comments: An additional 27 feet of right of way adjacent to CR 16 will be required for future reconstruction purposes (60 feet total r/w width south ofCR 16 centerline). The plat proposes the construction of a local street connection approximately 1900 feet from the intersection of Prairie Road. It should be noted that for a route such as CR 16 with a speed limit of 50 mph, Anoka County Highway Department access spacing guidelines call for Yz mile spacing for full access intersections, and Yo mile (l320ft) for secondary right in/right out access points. Based upon discussions with the City of Andover, we understand that this city street location is the best that can be achieved at this point in time. Construction of an EB CR 16 right turn lane and WB CR 16 bypass lane will be required to be completed in conjunction with this development. It appears that there are deficiencies for the Case I Intersection Sight Distance Requirements at this intersection with CR 16, with the obstructions being primarily trees. The City and the Developer shall ensure that clearing and/or grading is completed to satisfy the Sight Comer requirements to the fullest extent possible for this plat. Please note that no plantings or signs will be permitted within the county right of way, and care must be exercised when locating signs/buildings/structures/plantings/berms/etc. outside of the county right of way, so as not to create any new sight obstructions for this site. If CR 16 is reconstructed in the future to include raised median channelization, some access points along the route will likely become right turn in/right turn out access points. As proposed, all lots within this plat will have access via local roadways. Consequently, no direct access to CR 16 will be permitted from the individual lots, and the right of access along CR 16 shall be dedicated to Anoka County with exception for the approved City Street. Any existing driveways or field entrances within the boundaries of this plat shall be removed and the ditch section restored to match existing depth, slope, and grades. Prior to the sale of any parcels, the developer shall complete all work relative to the driveway and or/field entrance removal. -1'1 - Affirmative Action I Equal Opportunity Employer Courtney Bednarz September 11, 2006 Page 2 An All-Way Stop is currently inplace at the intersection of CR 16 and Prairie Road. While All-Way Stop intersections are typically safe, there are limits to the amount of capacity that they are able to effectively handle without producing intersection delays that can become unacceptable to motorists using the intersection over time. At some point in the future, it is anticipated the intersection of CR 16 and Prairie Road will become signalized and reconstructed to include raised median channelization and left and right turn lanes. Please note that there is no funding inplace at the present time for this signalization and intersection reconstruction to occur. Anoka County's ability to secure funding for this intersection improvement may not match the City's timeline for development in this area. If the result of this or future development in this vicinity, the City may wish to consider the degree of impact this development will have on the CR 16iPrairie Road intersection and assign a rdative degree of financial responsibility for the future roadway improvements that will be needed at this intersection at some point in time. In the interim, as noted above, the Developer will be required to construct an EB CR 16 right turn lane and a WB CR 16 bypass lane for the new local roadway access onto CR 16. Drainage calculations must be submitted along with a grading and erosion control plan that delineates the drainage areas for this site. The post-developed rate of runoff must not exceed the pre-developed rate runoff for the lO-year, critical design storm. County Ditch #57/Coon Creek flows through this Parcel. This ditch may not be altered in any way without first submitting detailed plans to the appropriate agencies and obtaining permission from the County Engineer. An engineering plan review fee estimated at $850.00 will apply to this project. Contact Andrew Witter, Construction Services Engineer, for further information regarding the engineering plan review process. Please submit the drainage calculations, grading and erosion control plans and right turn lane plan and bypass plans along with the ACHD Design Requirements Checklist for County Highway Modifications (copy available via our website) and the applicable engineering plan review fee to Mr. Witter for his review and approval. It should be noted that residential land use adjacent to highways usually results in complaints regarding traffic noise. Traffic noise at this location could exceed noise standards established by the U.S. Department of Housing and Urban Development and the Minnesota Pollution Control Agency. Anoka County policy regarding new developments adjacent to existing county highways prohibits the expenditure of highway funds for noise mitigation measures. The City and/or the Developer should assess the noise situation and take any action deemed necessary to minimize associated impacts at this site from any traffic noise. An access permit for the new local roadway intersection on CR 16 and a permit for work within County right of way are required and must be obtained prior to the commencement of any construction (access permit = $150.00; permit to work within R/W = $110.00). Contact Terri Klein, Permit Technician, for further information regarding the permit process. Installation and maintenance of any necessary permanent traffic control devices within the county right of way will be coordinated by Anoka County in conjunction with the permit process. -20- Courtney Bednarz September 11, 2006 Page 3 Thank you for the opportunity to comment. Feel free to contact me if you have any questions. Sincerely, cJjI1uU7 N:x- Jane Rose Traffic Engineering Manager Xl.:: CR I6/Plats/2006 Mike Kelly, Chief Right-of-Way Agent Larry Hoium, County Surveyor Randy Bettinger, Traffic Engineering Coordinator Terri Klein, Permit Technician Josie Scott, Traffic Engineering Technician Tom Hornsby, Traffic Services Supervisor - Signs Andy Witter, Construction Engineer -2.-1- September 5, 2006 r- Dean R Daninger Andover Planning' Comrnission City of Andover 1685 Crosstown Blvd. mv Andover, MN 55304 Dear: Mr. Daninger My name is Karmen Mohlencamp and I own the property at 140 Andover Blvd. N.W, I am writing this letter to address some of my issues concerning Kodiak Home's (Hickory Meadows) preliminary plat (See sheet 1 for my property location) As I have come to understand, by reading planning commission meeting minutes and watching the proceedings on TV, that "the development cannot affect the surrounding properties when developed". Is this true? ' If this is true, Iwould like to point out some issues of concern (that I have in regards to the adjacent property being developed. : 1.) Proper drainage is a very important issue. Any additional drainage from this development's cul-de-sacs and/or property, including and not limited to, snow removal piles etc. could negatively affect my propertY and buildings. I would like to respectfully request, a 30 foot setback on both temporary cul-de-sacs at 144th Lane N.W. and 144lh Avenue N.W. . 2.) Tree preservation is an issue not to be overlooked. As you can see from an aerial view of my property (see sheet 2) the property line is fairly wooded and would provide a great buffer from the planned development. If I understand the grading, drainage and erosion control plan, provided by Kodiak Homes, . they plan on grading up to the property line, constructing a street and installing a retaining wall. I believe this will cut tree roots and damage or kill existing trees on my property. Before this preliminary plat is passed on to the city council for approval, I would like to respectfully request a setback to the edge of the dripline of my trees. Note: According to the developer's Tree Preservation Plan, there are (2) notes stating "Delineation of tree line protection shall ideally be located at the outer perimeter of the dripline" and "Contractor shall be responsible for all costs of tree replacement resulting from damage to trees within protected areas". I would respectfully request the same consideration. (See sheet 3) 3.) The retaining wall also brings up an additional issue. If the retaining wall remains at its current location; the geogrid reinforcement as shown on the typical retaining wall section (see sheet 4-) may intrude on to my property and possibly affect the existing trees and future development? 4.) The Utility Plan shows the sewer and water main using the easement along Andover Blvd., this is fine with me. However, I do have a concern on whose responsibility it is to replace the entrance of my driveway: the developer, the city or the county? Will it be of good quality? Also, sewer and water main located to the east of my property may affect my property, including damage to trees and possible land erosion. (See aerial view sheet 2 and developer's utility plan, sheet 5). I would respectfully request the sewerlwater main continue on Butternut Street to Andover Blvd. and west to the development. 5.) Since I arn in no need of city sewer or water at this time and maintain a well and septic system, would I have an option to defer assessments? In conclusion, the issues above may seem trivial to some; but are very important to me in maintaining the lifestyle my husband and I sought when moving to the City of Andover in 1981. Without the recommendations above, I sincerely believe my property will be in jeopardy of damage, including land erosion, loss of trees and possjbly flooding of existing structures. Best regards, ;(~U~~ Kannen Mohlencamp Enclosure (5) Cc: Commissioners Tim Kirchoff, Michael Casey, Michael King, Devon Walton, Rex Greenwald and Valerie Holthus (ill{' . Illj:!': I'!:; J I,.l I)' I~ml I i!~1 i !I~I I '1(li" 1')'1 ,Ill" 1'1 II ,'.I 1'1"1 ,1.11' 1).11' ,1'1 11""11 I 'I' 1"1 I! ill ill!: I~ 1!1111 1,IIN 1 i ,,'l'Il' ,Ill" '.Ij , . I,l,:j. I j'I\'1 I ,If I I.! I j ,IUll'j I I!:': I ,iill' : t! I ! ",11.11, I; III' ,," I'" II !I ;lij'\! ! ,lk,l Ilil!i I: i! i I ijli!:!!1 I !liI\:ij I i Hill. !l Ii: !I' " 'jl:I' 1'1 !!jlfl 'lIfJ, ':,1" I; lll,.1I I i,ll,,'; I I il'fll, !.I ,!II I' '1'11 I' "l' """, (I II' I d !lllll Ill/H"i l,!jl!1 i .:1, I i Iii il!l~i! ! I i ill:III!!I! ",I!I!@1 i! 1 jj i l II II I lllhm I' J I JIll .JJ J........... ! III ! "jlll i !II I ~Iiil 'I" j 'u.~.. 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CAUllON RIBBON 4" WIDE MAY BE USED AS PASSIVE 1REE PROTECllON OR APPROVED EQUAL. PASSIVE 1REE PROTECllON MAY ONLY BE UllLlZED TO DELINEATE 1REE SAVE AREAS WHICH ARE REMOTE FROM AREAS OF LAND DISTURBANCE. STEEL POSTS AS NEEDED. DELlNEA llON OF 1REE LINE PROTECllON SHALL EXTEND CONllNUOUSL Y THROUGH PROTECllON AREAS, TOTALLY SURROUND INDIVIDUAL SPECIMENS AS NOTED, OR EXTEND ACROSS THE FACE AND THE ENDS SHALL EXTEND 6' BACK FOR INDIVIDUAL 1REE LINE PROTECllON. / NOTES: No storage of mat6ials, operation of rnachinery, or developrnent of any sort will occur~thin the woodland side of protective delineation without approval by""'the engineer. / Erett protective delineation continuously along drip line of significant /'1.rees closest to street rights-of-way. Final location of delineation subject / to approval by engineer in the field. Secure delineation to metal posts at a height of 4 feet. ,/ / Grading shall cornrnence only after protective measures have been cornpleted and all contractors have been briefed on preservation techniques and praeedures. / No trencl:vfor underground utilities shall be permitted on the woodland side .9Y protective delineation. / ' / If pruning is necessary, pruning will be done by professionals during appropriate pruning season for species. Contractor shall be responsible for all costs of tree replacement resulting frorn damage to trees within protected areas. Contractor shall be. r~~po.!Js~ble. fo.r ~~intai~ing ~ro~ective delineation and /' / SHEET 4 INSTALL CHAIN LINK FENCE WHERE WALL IS GREATER THAN 42" IN HEIGHT. FENCE SHALL BE A MINIMUM HEIGHT OF 42" MINIMUM AUTOMATIC SETBACK 1/4" PER COURSE 4"HX.18"WX12"D KEYSTONE CAP UNIT OR APPROVED EQUAL 8"HX18"WX24"D KEYSTONE STANDARD UNIT OR APPROVED EQUAL (/) W 0:: -< > ., .' \0. 12" VARIES: APPROX. (1) 8" COURSE PER 6'-0" VERTICAL HEIGHT COMPACTED REINFORCED BACKFILL ZONE .... .. RETAINED )~ BACKFILL .... '" GEOGRID REINFORCEMENT OR APPROVED EQUAL IF REQUIRED DRAINING GRANULAR COMPACTED BASE AND BACKFILL TYPICAL RETAINING WALL SECTION NO SCALE Hakanson Anderson Assoc., Inc. Civil Engineers and Land Surveyors 3601 Thurston Ave., Anoka, Minnesota 55303 763-427-5860 FAX 763-427-0520 KODIAK DE HICKOI SINer C ;; '~"'l'jj Sill :i~,.I!i I!'! ,II . 1!1!1! / / ~ l\ -./, ;---".; , '.~.,..., / , ....- -... 1 I . " 'I' , '~'i:/ :! ! \ '- i.J ) ).---_ ;, U~ ~ --, \ " )- I ~- ~~,(1ti ~~'...____ .._________ ;' t;- 1,./ t // /...' I g ii' .. ,~---- ,~ /~/ J ri ""0___'- . ,i~l .~. ~ I -.- .-.",. ;-: ~- ./ i ___ / _~_;/. -~!._._j' _____ - - - -.-.-.......-1 I , _..... _...._ , . ....-, \ - I ~. I I I I L_--"--_____ " ;,-- \-,\)," ',,'1,\ \, "0" , '~" 0 'I \ (' \ .,{\\\ \ \ \ ......1 , \" \ \ 'c' ,...... \ 1\ \ , 0' \ I \ \ 'I.' \ J \ \ ...__-r\ --I /". ,..... \ \ \ \ ("oJ , , 'I \ I I ......." 0 \ \ \ r--j--' \' I I ':).v...... \ I' \ \ I I 1 \ \'.\'\...J' \ 1\ \ ' : I ~__J,..-_.J (' ~ ~ '" I _-L~ I - r -J \, \ \ /' 1\ I ---,,-1' 0 \ ' , I, L1._ __J \ \\~- \ \ ',.,. I C~S \ \ \.... . . 4 .-....,. - ~ '" c ~ IIg IllIg II' [ 'll~ I ig / l!h1 / .. / " P ~ ~ ~ ~ I ~ :. ....- r , -~ 1] 1'1 'I' r--r \ I I ' , , I L___ .~" i "IIl!1' ...:: l..,.l~k..... ...."'{ -1' I f.... \ \ 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW_CLANDOVER_MN_US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Reschedule November 7, 2006 Regular Council Meeting DATE: September 19,2006 INTRODUCTION The General Election will be held on Tuesday, November 7, 2006, which is a regular Council meeting night. DISCUSSION State Law prohibits any meetings from being held between 6:00 p.m. and 8:00 p.m. on Election Day. Council is requested to reschedule the November 7th Council meeting to either Monday, November 6th or Wednesday, November 8th. Staff recommends Wednesday, November 8th so that the results of the election can be canvassed at that meeting. ACTION REOUlRED Council is requested to reschedule the November 7th Council meeting. Respectfully submitted, :LL.OtIL Vicki V olk City Clerk @ CITY OF NDOVE ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: September 19, 2006 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the October 3, 2006 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Update on Economic Development Activities 2. Letter of Intent - Due Diligence Progress Review 3. Letter of Intent and Purchase Agreement Updates 4. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REOUIRED Schedule an EDA meeting at 6:00 pm before the October 3, 2006 City Council meeting. @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: September 19, 2006 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Meeting Reminders 5. Miscellaneous Projects Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. ,Ily submitted, Dt1gnlrvJ Sl\NDOVE~ DATE Seotember 19.2006 ITEMS GIVEN TO THE CITY COUNCIL }- Hickory Meadows Preliminary Plat }- Revised Sketch Plan/Merit Development PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\STAFF\RHONDAAIAGENDA\CC L1ST.doc - ~ :c o ,.. ~1l9g e - ~cn i~Fg Ib!~ "0- ~p5 trig !:3 lit:' 8 c:~ ~~i! ! !'; I ! - I III ~ . ~~ ~Pd' ~~;\. ".- 0 "-1~ ~. .... c:di b';"g> 5' s.. .:tN5' . .. . ::t: ~Q~ j.qs. .. 0 g.~ D "" 'lJ 8. "tJ~ 1;" ~c: 'K' "'t1!i fJ~ o~n"tJ '0 Os;: ~ t5"'-4 ~ ~~ rd 1 I I , ai , -" I ~ I,' ----. ! 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WWW,CLANDOVER,MN.US TO: Mayor and Council Members ~_ Jim Dickinson, City Administrator ,- 0 Will Neumeister, Community Development Director d- CC: FROM: SUBJECT: Minutes of Planning Commission Meeting of September 12, 2006 (Supplemental) DATE: September 19, 2006 Attached are the minutes of the Planning Commission meeting (September 12,2006) related to the discussion on the "Hickory Meadows" Preliminary Plat and rezoning discussion. The "Draft" copy was completed and submitted to the City today and were not able to be included in the copy sent to the Council on Friday. PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 12, 2006 The Regular Bi-Montbly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on September 12, 2006,8:01 p.J;ll., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Tim Kirchoff, Rex Greenwald, Michael Casey, Valerie Holthus, Devon Walton and Michael King. Commissioners absent: There were none. Also present: City Planner, Courtney Bednarz Others APPROVAL OF MINUTES. August 22, 2006 Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. Motion carried on a 6-ayes, O-nays, I-present (Greenwald), O-absent vote. PUBLIC HEARING: REZONING (06-06) TO CHANGE THE ZONING FROM SINGLE FAMILY RURAL RESIDENTIAL (R-l) TO SINGLE FAMILY URBAN RESIDENTIAL (R-4) FOR PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF ANDOVER BOULEVARD NW AND PRAIRIE ROAD NW. Mr. Bednarz reviewed the staff report with the Commission. Commissioner Greenwald asked how hard it was to change the speed limit to a lower speed on Andover Boulevard as they develop. Mr. Bednarz stated a speed study would need to be done on the road. Commissioner Kirchoff stated they needed to be careful about doing a speed study because sometimes the speed will actually go up instead of down. Commissioner Greenwald thought most of the requirements for the road from the County were because of the speed of the road. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 2006 Page 2 Commissioner Greenwald stated another issue was tree preservation. He stated the letter from the County states "no plantings or signs will be permitted within the County Right of Way." And that is a lot to keep that line of sight let alone he thought they were going to want some kind of signage that they put in front of the development that then they . would have to put it on someone' s easement. Commissioner Kirchoff stated it was standard policy for the County Highway system and this is nothing different than anywhere else. Commissioner Greenwald stated except for those issues, they are all based upon the fact that it is fifty miles an hour to that corner. He thought it seemed logical to him that if they were going to do this, they would look at lowering the speed limit close to the intersection. Commissioner Greenwald stated he was confused on the trail. He asked where the trail would be if they did the plat as is. Mr. Bednarz showed on the map where the trail would be and indicated the future trail would be on Andover Boulevard when the City dedicates dollars to construct that trail. The decision point is whether there wlll be a trail along the creek or through the center of the development. In terms of the Commission's role, they would be looking to see what their preferences would be but ultimately the Council will have to authorize some additional studies along the creek if they want to pursue that location. Commissioner Kirchoff stated if they are going to use 144th as an option for a trail, that would not require any cost, it would just be using the road. Mr. Bednarz indicated it would probably be an off street trail along that stretch of local street. It can be constructed fairly easily. Commissioner Holthus asked if a trail were constructed on 144 th, then no trail would be constructed along the creek. That would be replacing the option of the trail along the creek. Mr. Bednarz stated that is the staff recommendation, that it would be an either/or for those two. Chairperson Daninger asked if this was seen as a sketch plan. Mr. Bednarz indicated it was reviewed early last year. Chairperson Daninger wondered if they knew about the flood plain back when the sketch plan was reviewed. Mr. Bednarz stated the flood plain was not as defined then as it is now in terms of dividing it into the one hundred and five hundred year and the limitations that are imposed by that. Chairperson Daninger asked Mr. Bednarz to show them what staff recommends regarding the sewer run. Mr. Bednarz discussed where the sewer will run. Chairperson Daninger wondered why the applicant did not follow the street. Chairperson Daninger asked why the Commission was asked to make a recommendation on the trail. Usually that is brought forward to them by the Park Commission. Mr. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 2006 Page 3 Bednarz stated times have changed and final decision is made by the Council. Because there are trails that show up on their official maps, they'wanted to point out to the Commission that there are some issues with a trail along the creek and to provide another option for consideration. Commissioner Kirchoff asked how a private property acquired an easement from another piece of property. Mr. Bednarz stated there would need to be a private negotiation process with the property owners where the easement is needed. There is some property within the overall sketch plan that is controlled by other developers but that would still need to be negotiated and they would have to provide the City with recordable easement documents of sufficient width to provide the utilities to meet the City Code requirements for how they would need to be constructed. Motion by Casey, seconded by Holthus, to open the public hearing for both the Rezoning and Preliminary Plat at 8:40 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. John Mohlencamp indicated he was speaking on behalf of Karmen Mohlencamp, 140 Andover Boulevard. He stated Ms. Mohlencamp sent a letter to the Commission and she had some concerns. One concern is that she had been watching the meetings and reading the minutes and the statement the Commission has made is that the development cannot affect surrounding properties and she wondered if this was true. Chair Daninger indicated this was correct. Mr. Mohlencamp stated the fIrst issue is the drainage of the property being developed coming onto her property. Additional drainage from the developments cul-de-sacs and or property including and not limited to snow removal piles, etc., would negatively affect her property and buildings and she would like to respectfully request a thirty foot setback on both temporary cul-de-sacs on 144th Lane NW and 144th Avenue NW. Mr. Mohlencamp stated another issue Ms. Mohlencamp had was the tree preservation. She understood that the developer was planning on grading up to the property line and installing a street and constructing a retaining wall. The retaining wall would go from 144th Lane NW to 144th Avenue NW. She felt this would destroy tree roots and . ultimately kill trees. She requested a setback to the edge of the drip line of her trees. Mr. Mohlencamp stated another issue was regarding the sewer and water plan. The concern was who was responsible for replacing the entrance to her driveway for the sewer line going through and will it be of good quality. She also noted the sewer and water main located to the east of her property may affect her property including damage to trees and land erosion. She requested the sewer and water main continue on Butternut Street to Andover Boulevard and west to the development. Mr. Mohlencamp stated another issue was regarding if Ms. Mohlencamp had the option of deferring assessments because she did not want it at this time and would maintain a well and septic system. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 2006 Page 4 Mr. MoWencamp stated since there is only one access going into the development, is there an emergency exit required and since the sketch plan meeting back in March, it seemed like the County indicated Butternut Street would be closed if another opening was created and he wondered if this would be true. He also wondered if the Coon Creek Watershed Management Organization also had to be reviewed in order for this plat to go through. Mr. Duane Bates, 219 142nd Avenue NW, asked what side of the creek was proposed for the trail system. Mr. Bednarz stated it would need to be on the north side of the creek. On the south side of the creek is private property and the City would not be able to take the appropriate easements for this. ' Motion by Walton, seconded by Casey, to close the public hearing at 8:53 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Mr. Bruce Carlson, Kodiak Homes was at the meeting to answer questions. Mr. Brad Wilkening, Hawkins and Anderson, explained the purpose of the retaining wall is so that when the grading is done on this project, there will not be any grading necessary on the adjacent property someday when development does occur, most likely the retaining wall will not be required depending on how that property is developed. To make the drainage and things work on this property, it is necessary to put a retaining wall into place along the property line. Chairperson Daninger asked what the length of the retaining wall is. Mr. Brad Wilkening explained it is roughly three hundred feet. Commissioner Kirchoff asked if the development property will be higher or lower than the property to the east. Mr. Brad Wilkening indicated it would be lower in order to create the backyards for the lots and to keep the drainage within,the site. He stated the retaining wall will be three feet overall with one area being seven feet tall. Commissioner Walton asked what the widths of the lots were that are affected by the ten foot setback of the retaining wall. Mr. Brad Wilkening indicated they are eighty feet. Chairperson Daninger asked how close they were going to grade to the property line. Mr. Brad Wilkening stated they show areas grading right up to the property line and if they were to avoid that they would need to add more retaining wall or change the lot configuration or the building type. Chairperson Daninger asked for an explanation of the sewer route. Mr. Carlson stated he did not want to go that way because he did not want to spend more money. He reviewed what steps he has taken to try to get the sewer line to go straight across but indicated he did not have that option. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 2006 Page 5 Commissioner Greenwald asked what the plan is on the five hundred year flood plain. Mr. Carlson thought this was just a fringe. Mr. Brad Wilkening explained the area in question to the Commission. He stated they can fill in a five hundred year flood but they would need to change the map by doing a letter of map amendment. lbis would allow the homeowner to not carry flood insurance. The hundred year flood plain is more complicated. He reviewed the problems with filling it in. It was noted the development had a lot density of 1.5 units per acre. Commissioner Greenwald wondered if the neighbor's driveway would be fixed by the developer. Mr. Carlson stated it would be replaced by them. Mr. Carlson indicated the homes would not be starter homes; they will be $375,000 to $500,000 homes. Commissioner Kirchoff stated another concern was possibly killing trees along the property line. He wondered how the retaining wall will impact the trees along the property line. Mr. Carlson stated they would need to approach this subject at the time the retaining wall would be constructed. He stated he was going to try to save as many trees as possible because it made the lots more valuable. Commissioner Holthus asked how many trees were they prepared to transplant on this site. Mr. Carlson stated they were preparing to transfer as many trees as possible in order to save them. Chairperson Daninger stated he had a concern with the existing home that is to remain there the way it is. He indicated he would not grant a variance for this and he wondered what could be done. Mr. Carlson indicated he did not know and explained the reasoning the City staff had that requires a variance for the home. Chairperson Daninger asked if they needed a variance for a cul-de-sac. Mr. Bednarz indicated this was included in the report. Commissioner Holthus reviewed the variances with the Commission. 1. Variance to allow the cul-de-sac extending beyond five hundred feet. 2. Variance to allow a rear yard setback of 21.9 feet for the existing home. Commissioner Greenwald did not think they have ever denied a variance to allow a long cul-de-sac when there was a ghost plat in place. They could discuss an emergency access. Chairperson Daninger wondered what would happen with the water when the snow melts. Mr. Bednarz stated temporary cul-de-sacs are held back ten to fifteen feet from the property line to allow space for drainage within the development. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 2006 Page 6 Commissioner Greenwald stated he was questioning how the retaining wall to the east is affecting the existing property. Commissioner Kirchoff indicated the property in the development will be lower than the existing property so he did not think there would be a drainage issue. Commissioner Greenwald stated regarding the trees, there are exact guidelines regarding the size and type of tree and he thought the grading people knew the guidelines already. Commissioner Walton stated his only question about the retaining wall is the value of the home that could be constructed on the property. He wondered where they would require a setback from. . Chairperson DaDinger wondered if anyone on the Commission was comfortable with this plan to discuss all of the issues. The Commission indicated they were not comfortable with all of the issues. Chairperson Daninger stated he was not comfortable with the variance on the existing home and could not approve this based on that. Commissioner Holthus thought in general this entire project seemed to be a little premature because of all of the variances and conditions. She thought so much needed to be worked out. Commissioner Kirchoff stated in regards to a trail, if they commit a trail to I 40th , that would mean that trail is committed to frontage oflots through out the entire development and he was not sure that was a good idea. He thought it might be better on Andover Boulevard or on the outskirts of the development. Commissioner Holthus stated one will be on Andover Boulevard no matter what goes but it would make sense to have a trail along the creek because that is where it is further to the west and would be more aesthetic. Commissioner Walton stated as he looked at the overview of the plat, it feels as this area, because it is a very rich area for tree growth and whenever you see development with numerous lots with standard city size lots within them, they will have wide spread tree removal. With the retaining wall issue, it looks like something needed to be done with part of the map differently. Would it be possible to have the lots bigger to reduce tree fall out and to drive the kind of prices they are talking about for homes. Commissioner Greenwald thought because of the six or seven issues, he wondered if the developer could revamp this and bring it back for further review and discussion. Commissioner Kirchoff stated the flood plain issue will be cut and dried. The trail can be worked through and the sewer is an engineering concept and he thought there is no way it can go the way the City recommends it to go. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 2006 Page 7 Commissioner King did not think a cul-de-sac variance is an issue because they have granted them before. Commissioner Greenwald indicated he has never seen a situation where they have had to put a retaining wall at the end of a development. Chairperson Daninger asked regarding the trail, where the Commission would like to see it. Commissioner King stated he would rather see it on the creek. The rest of the Commission agreed. Commissioner Daninger asked the Commission regarding the existing home; there must be another way to work it out. Commissioner Greenwald thought they could move the road. He thought there were other ways to configure the development to make it work. Commissioner Greenwald stated he did not see an issue with the rezoning and indicated he would make a motion approving this. Motion by Greenwald, seconded by Kirchoff, to recommend to the City Council approval of the rezoning based on the fact that times and conditions have changed. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the September 19, 2006 City Council meeting. PUBLIC HEARING: PRELIMINARY PLAT OF HICKORY MEADOWS, A SINGLE-FAMILY URBAN RESIDENTIAL DEVELOPMENT LOCATED SOUTHEAST OF THE INTERSECTION OF ANDOVER BOULEVARD NW AND . PRAIRIE ROAD NW. Mr. Bednarz explained the Commission is asked to review a Preliminary Plat for Hickory Meadows. The proposed plat contains 45 lots at the center of the sketch plan. Mr. Bednarz discussed the staff report with the Commission. Motion by Casey, seconded by Holthus, to open the public hearing at 8:40 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. This item was combined for discussion with the previous item. Motion by Walton, seconded by Casey, to close the public hearing at 8:53 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Kirchoff stated they have two options for the sewer, to go up Butternut Street and around however the neighbor had a suggestion too. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 2006 Page 8 Commissioner Walton asked if the straight up and over approach provide better access in the future for acreage lots if they were to develop to the north to come off that trunk as well. Mr. Bednarz stated in this case the properties on the north side of Andover Boulevard are guided to remain as a rural existing development and not to be served by that trunk sewer which has been dedicated elsewhere. Commissioner Walton asked where the trunk sewer line will come from the area north of that. Mr. Bednarz showed on the map where those areas will be served from. Commissioner Kirchoff asked if they recommend this and the City Council passed the resolution that the sewer will not go through the way the City has recommended, because' the City cannot force the sewer through private property. Mr. Bednarz. stated the sewer is the largest issue and the fIrst issue to be decided by the Council. If they do not entertain the proposed sewer route then another agreement needs to be reached for it. Mr. Bednarz suggested staffwork in preparation of the resolution for the Council based on the Commission's recommendation. Motion by Greenwald, seconded by King, to recommend approval of the Preliminary Plat for Hickory Meadows with staff changing the verbiage in the Resolution and with the following stipulations: 1. Trail off of Coon Creek based upon the study 2. Flood plain is acceptable with the findings 3. Clarify the Sewer verbiage 4. Grant the variance on the existing structure. Commissioner Casey withdrew his second of the motion because of the issue of the distance of the existing home. Commissioner King seconded the motion. Commissioner King thought the variance and the distance for the setback for the side lot is they are looking at a home that is existing and there is no way they are going to move a $750,000 house, so to not allow a variance for seven feet does not make a whole lot of sense. Motion carried on a 4-ayes, 3-nays (Daninger, Casey, Walton), O-absent vote. Mr. Bednarz stated that this item would be before the Council at the September 19,2006 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. .. . , .. Regular Andover Planning and Zoning Commission Meeting Minutes - September 12, 2006 Page 9 ADJOURNMENT. Motion by Casey, seconded by Kirchoff, to adjourn the meeting at 9:54 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc.