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HomeMy WebLinkAboutCC - June 6, 2017Google ?CNb6W^ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, June 6, 2017 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (5/16/17 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Accept Petition/Order Feasibility Report/1/17-38/2462 — 138'h Ave. NW/WM - Engineering 4. Accept Resignation of Darrin Hansen, Streets Maintenance Worker -Administration 5. Approve Request to Waive Tournament Fee for The Heroes Tourney -Tribute to MN Troops — Engineering 6. Approve Final Plat Catchers Creek 2nd Addition — Mark Smith — Planning 7. Approve Final Plat PSM Addition (Replat of Clocktower Commons)— Classic Construction — Planning 8. Approve Extension of Liquor License/Beef O'Brady's —Administration 9. Approve Resolution Accepting Contribution from the Andover Youth Hockey Association/Andover Community Center — Community Center 10. Approve Refuse/Recycler Hauler Licenses —Administration Discussion Items 11. Consider - Variance — Addition to Accessory Structure — 16422 Hanson Blvd NW — Dover Kennels - Planning 12. Consider - Conditional Use Permit — Massage Therapy Home Occupation - 15824 Olive St NW — Lisa Scholl - Planning 13. Consider - Conditional Use Permit- Exterior Storage, Upper Midwest Athletic Construction — 3017 16151 Ave NW — Planning 14. Consider - City Code Amendments to Title 12 Zoning Regulations and Title 13 Planning and Development - Planning 15. Consider - Rezoning of Rural Reserve Residential District — Planning 16. Consider — Ordinance Summary Publication - Planning Staff Items 17. Administrator'sReport —Administration Mayor/Council Input Adjournment 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council CC: Jim Dickinson, City Administr, FROM: Michelle Harmer, Deputy City SUBJECT: Approval of Minutes DATE: June 6, 2017 INTRODUCTION The following minutes were provided by TimeSaver, reviewed by Administration and submitted for City Council approval: May 16, 2017 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Harmer Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING — MAY 16, 2017 MINUTES The Regular Bi -Monthly Meeting of the Andover City Council was called to order by Mayor Julie Trude, May 16, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Valerie Holthus and James Goodrich Councilmember absent: Sheri Bukkila Also present: City Administrator, Jim Dickinson Community Development Director, Joe Janish Director of Public Works/City Engineer, David Berkowitz City Attorney, Scott Baumgartner Others PLEDGE OFALLEGL9NCE ` RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Additions to the agenda were: Item 11A Approve Used Vehicle Sales Business License/16191 Round Lake Boulevard NW Item 13A Approve Equine Permit Request (Yard Requirements) at 5110 — 163`d Lane NW Motion by Holthus, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES April 25, 2017, Workshop Meeting: Correct as written. Motion by Holthus, Seconded by Goodrich, to approve the minutes as presented. Motion carried unanimously. May 2, 2017, Regular Meeting: Correct as written. Regular Andover City Council Meeting Minutes —May 16, 2017 Page 2 1 May 2, 2017, Closed Meeting: Correct as written. 2 3 Motion by Knight, Seconded by Holthus, to approve the minutes as presented. Motion carried 4 unanimously. 5 6 May 10, 2017, Special Meeting: Correct as written. 7 May 10, 2017, Workshop Meeting: Correct as written. 8 9 Motion by Knight, Seconded by Holthus, to approve the minutes as presented. Motion carried 10 unanimously. 11 12 CONSENT ITEMS 13 14 Item 2 Approve Payment of Claims 15 Item 3 Approve Plans & Specs/Order Ad for Bids/17-16, Andover Blvd. NW Trail & 16-18, 16 Hanson Blvd. NW Trail Reconstruction (See Resolution R037-17) 17 Item 4 Approve Change Order #1/14-15/Fox Meadows Park Redevelopment (See Resolution 18 R038-17) 19 Item 5 Approve JPA/16-32/Painting Signal at Bunker Lake Blvd. NW & Quinn St. NW 20 Item 6 Approve Refuse/Recycler Hauler Licenses 21 Item 7 Approve Joint Powers Agreement Anoka County/Assessment Services Contract 22 Item 8 Accept Contribution/Andover Lions/Fire Department/Remembering When Fire 23 Prevention Program (See Resolution R039-17) 24 Item 9 Accept Petition for Sanitary Sewer (Septic)/Approve Resolution Ordering Project/16770 25 Wren Street NW (See Resolution R040-17) 26 Item 10 Approve Appointment Streets Maintenance Worker 27 Item 11A Approve Used Vehicle Sales Business License/16191 Round Lake Blvd NW 28 Item 11 Adopt Resolution/Set Annual Income for Deferred Assessments & Reduced Sanitary 29 Sewer Rates (See Resolution R041-17) 30 31 Motion by Knight, Seconded by Holthus, approval of the Consent Agenda as amended. Motion 32 carried unanimously. 33 34 ANOKA COUNTYSHERIFFS OFFICE MONTHL Y REPOR T 35 36 Commander Brian Podany gave the monthly Sheriff's report. Mayor Trude expressed appreciation 37 for patrols by the department and attention given to distracted driving. She also noted she had 38 concerns about parking on a street in a construction area, and more specifically concern for children 39 when "bottle -necking" is utilized by residents themselves to reduce traffic in construction areas. 40 41 PRESENTATION —2016AUDITREPORT 42 43 Mr. Dickinson reviewed the staff report with the Council. Regular Andover City Council Meeting Minutes — May 16, 2017 Page 3 1 Mr. Dickinson explained Peggy Moeller, CPA, an Audit Partner with the City' s auditing firm, 2 Redpath and Company, Ltd., would be providing a presentation to the City Council at the meeting 3 related to the City of Andover Comprehensive Annual Financial Report (CAFR) as of December 31, 4 2016 and the corresponding Management Report. 5 6 It was explained that the City is required to have an independent audit conducted annually. The 2016 7 Audit was conducted throughout the months of January, February, March and April. The Finance 8 Staff was very involved in the audit process. Of significant importance to the Council was the City 9 received an "unqualified opinion." There was no budget impact, and the presentation, financial 10 report, corresponding management report, report on internal controls, independent auditor's report, 11 report on legal compliance and a communication with those charged with governance were provided 12 as informational. 13 14 Ms. Moeller recognized the City for receiving a "Certificate of Achievement for Excellence in 15 Financial Reporting" for 2015. 16 17 The fund balance on December 31, 2016, was $7,796,745. Approximately 81% of the General 18 Fund's revenue sources are from property taxes and state aids and these revenue sources are 19 generally not received until the second half of the fiscal year. The minimum General Fund 20 unassigned balance should be $5,825,877 and the amount available is $7,650,328. 21 22 Mayor Trude stated her appreciation for the good audit report. Councilmember Knight agreed and 23 acknowledged staff for their good work. 24 25 Motion by Holthus, Seconded by Knight, to receive the 2016 Audit Report. Motion carried 26 unanimously. 27 28 Audit reports can be provided to residents upon request. 29 30 Mr. Dickinson commented the increase in the number of homes built during 2016 was a "windfall" 31 to the City. He spoke to sustainability and to not stress the resident tax -payers. Mr. Dickinson 32 acknowledged City staff members that contributed significantly to the work involved to complete the 33 audit. 34 35 APPR 0VEEQVINE PERMIT REQ VES T(YARDREQ UIREMENTS)ATS110-163RDLANE 36 NW 37 38 Mr. Dickinson reviewed the information with the Council. He asked the Council to keep in mind 39 that everything that is being proposed meets all of the City's zoning requirements. He noted there is 40 a restriction in the zoning code regarding horses in the side or front yard and there are 5 or 6 of these 41 types of situations in the community. At that time, it was vetted through the previous Equestrian 42 Council. In the future, code provisions will be proposed to the City Council so that staff will review 43 these requests and make recommendations to the Council. Regular Andover City Council Meeting Minutes — May 16, 2017 Page 4 1 Mr. Dickinson asked the applicant to make sure the neighbors were okay with the plan. He 2 confirmed the applicant did receive letters of support from those neighbors. A location map was 3 shared with the Council. Mr. Dickinson noted this is a unique property because of the shape of the 4 lot and there was a plan for a corral and two pasture areas. He also pointed out the angle of the 5 planned improvements follows the curvature of the road, instead of being straight in line with the 6 house. The review by the Council is needed because the property is less than 3 acres and the side 7 yard is needed due to the curve of the lot/road. 9 Councilmember Holthus asked about the animal structure. Mr. Dickinson stated the shed is a three 10 stall garage and the exterior matches the house. 11 12 The applicant, Jill Ahart of 5110 163`d Lane, stated that garage doors would be added in the fall and 13 will remain open on one side, until then, to keep the structure cooler. She indicated she would like to 14 "get by" without an electric fence, if possible. Mayor Trude noted the business of the bus stop in the 15 area. 16 17 Councilmember Knight asked if there was an area to ride. Ms. Ahart explained there is 45 acres 18 south of her property along with trails that she has permission to use. 19 20 Ms. Ahart stated the barn would be 81 feet from the road. Councilmember Knight asked the 21 location. Mr. Dickinson confirmed the property is west of 7`h Avenue, southwest of the turkey farm. 22 Mayor Trude reminded the resident about the importance of keeping the improvements and yard 23 well maintained. 24 25 Motion by Holthus, Seconded by Goodrich, to approve the Equine Permit Request. Motion carried 26 unanimously. 27 28 CONDITIONAL USEPERMITAMENDMENT/REVISEDPLANNED UNITDEVELOPMENT 29 —ANDOVER CLOCKTOWER COMMONS — CLASSIC CONSTRUCTION 30 31 Mr. Janish explained the original CUP/PUD approval was granted in September of 2003. The PUD 32 which is located in a Shopping Center District included five (5) lots consisting of a gas convenience 33 store (Lot 1), fast food restaurant (Lot 2), bank (Lot 3), restaurant (Lot 4) and retail (Lot 5). The 34 approval also included a landscape plan identifying the common area amenities including a clock 35 tower feature and related landscaping on Lot 4. Cross parking and access agreements were also put 36 in place. 37 38 There was an amendment made in 2009 related to the direct access to Crosstown Boulevard NW in 39 the form of an intersection, which was approved. 40 41 An amendment was also made in 2014, related to Lot 3, Block 1, Andover Clocktower Commons, to 42 convert the "bank" site to a retail trade and service building. Lot 4, Block 1, was also converted from 43 a "restaurant lot" in the original PUD for a retail, trade and service building and allowed for a 20 -foot Regular Andover City Council Meeting Minutes —May 16, 2017 Page 5 1 encroachment in to the required 30 -foot setback from Crosstown Boulevard NW. This 2 encroachment created a 10 -foot setback for the future buildings on Lot 4, Block 1. 4 The significant proposed changes or proposed revisions for this amendment are as follows: 5 • Changing the PUD from 5 lots to 6 lots; 6 • Adjusting the setback on proposed Lot 2, Block 1, PSM Addition and also allowing 7 for a smaller lot width for Lot 2, Block 1, PSM Addition; and 8 • Proposal of a garbage enclosure that will be shared for the two proposed lots and will 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 cross over the property lines. This lot was originally approved as a bank lot with a 10,000 -square foot building. In 2014, an 11,200 square foot retail, trade, and service building was proposed and approved in place of the bank building. The applicant is seeking to split Lot 3, Block 1, to create two lots for two separate buildings. Proposed Lot 1, Block 1, is 5 0,5 57 square feet (approx. 1.16 acres). The proposed "retail, trade, and service" building is proposed to be approximately 7,000 square feet. Proposed Lot 2, Block 1, is 30,949 square feet (approx. 0.79 acres). The proposed retail building is expected to be a 7,440 retail, trade and service building. The building will encroach 20+/- feet into the required 30 - foot setback from Crosstown Boulevard NW. This lot does not meet the standard requirements of the zoning classification for lot width at the street. The code requires 200 feet and the applicant has shown 163.74. As noted when a Planned Unit Development is created deviations can occur. City staff and the Planning and Zoning Commission are recommending to allow for the deviation. A buyer exists for the proposed Lot 1, Block 1, PSM Addition and Lot 2, Block 1, would remain for future development. Planning and Zoning Commissioners discussed parking in the Clocktower Commons Development and the cross -access easements. Staff noted the parking easement allows patrons to utilize businesses to park within the development and parking calculations are determined as part of the Commercial Site Plan review process and building permit review process. The Planning and Zoning Commissioners discussed when the "features" at the intersection of Crosstown Boulevard and Hanson Boulevard would be completed. Staff indicated while reviewing the development file the "feature" would be constructed as development occurs on that particular lot. Mr. Janish noted in doing calculations, the parking was confirmed to be adequate for the request at hand. The Planning and Zoning Commission did make a positive recommendation and discussed the parking quite extensively. The Planning and Zoning Commissioners are also interested in the "feature" being provided for. Mayor Trude made reference to the daycare proposed. She is wondering about the fencing being utilized as it relates to the safety of the children and appearances for the PUD. She noted there will no longer be a drive-through like a bank. Councilmember Holthus asked Mr. Janish to show the location of the fencing and what kinds of screened fencing would be used considering that kids will be playing outside. He indicated there Regular Andover City Council Meeting Minutes — May 16, 2017 Page 6 1 would be decorative fencing, trees and landscaping, as shown on the plan. The particular fencing has 2 not been selected yet. 3 4 Mr. Janish reminded the Council the decision before them was about the set -backs and zoning. 5 6 Kurt Strandlund, of Classic Construction Company is proposing a black vinyl chain link fencing to 7 provide screening but not giving kids a feeling of being "penned in." Mayor Trude expressed 8 concern about the use of chain link fencing and that property circulation be addressed. Mr. 9 Strandlund also stated there would be trees, shrubs and colorful playground equipment. 10 11 Councilmember Goodrich stated he is not concerned about the variations with set -backs. 12 Councilmember Knight expressed concerns about sufficient parking. Mayor Trude referred to the 13 next steps being to work with staff on the commercial site plan review. 14 15 Mayor Trude asked about the daycare's business plan. Rhiannon Paradise, the daycare representative 16 stated there would be some temporary signage up and a website. There will be about 100 children 17 served by the center with a focus on organic foods and gardening. Plans are being made to break 18 ground early in the summer with hopes to be open before the end of the year. 19 20 Motion by Holthus, Seconded by Knight, to approve Resolution No. R042-17, amending the 21 approved CUP to amend the PUD of Andover Clocktower Commons. Motion carried unanimously. 22 23 PRELIMINARY PLAT (REPLAT INTO TWO LOTS) OF LOT 3, BLOCK 1, ANDOVER 24 CLOCKTOWER COMMONS; LOCATED AT THE NORTHEAST CORNER OF HANSON 25 BLVD NWAND CROSSTOWN BLVD NW— CLASSIC CONSTRUCTION 26 27 Mr. Janish stated the Planning and Zoning Commissioners did not have much discussion on this 28 item, except related to parking. He shared plat drawings to further highlight the request. 29 30 Mr. Janish reviewed the staff report with the Council. The property is proposed to be re -platted and 31 create two lots. Staff does not expect major impacts to the local and regional plans and ordinances 32 due to the splitting of the existing lots. Access to the property would not add additional direct access 33 onto a city or county roadway. The traffic movements would be internal on private roadways and is 34 consistent with the past proposals. 35 36 The Anoka County Highway Department did not provide comments on the plat due to the proposal 37 not fronting a county roadway. 38 39 The two lots proposed are consistent with the Planned Unit Development site plan. 40 41 Each building constructed within the development will be subject to the Commercial Site Plan 42 review process. 43 Regular Andover City Council Meeting Minutes —May 16, 2017 Page 7 1 As a part of this process, utility, grading, drainage and erosion control, landscape, and detailed site 2 plans will be reviewed and approved by City staff. 4 The Planning and Zoning Commissioners had mentioned concerns regarding the interior circulation 5 of traffic and pedestrians within Clocktower Commons, due to kids cutting through parking lots. Motion by Knight, Seconded by Holthus, to approve Resolution No. R043-17, amending the preliminary plat of "PSM Addition" by Classic Construction. Motion carried unanimously. 10 SCHEDULE EDA MEETING 11 12 Mr. Dickinson requested the Council schedule an EDA Meeting to discuss topics as detailed in the 13 staff report. 14 15 The Council discussed the draft agenda and available dates. Planned discussion items relate to Arbor 16 Oaks and the refinancing proposed for the project. 17 18 Motion by Holthus, Seconded by Knight, to schedule an EDA Meeting on June 6, 2017, at 6:00 p.m. 19 Motion carried unanimously. 20 21 ADMINISTRATOR'S REPORT 22 23 City staff updated the Council on the administration and city department activities, legislative 24 updates, updates on development/CIP projects, and meeting reminders/community events. 25 26 (Meetings) Mr. Dickinson has been attending the following meetings: Youth First, QCTV — finance 27 related specific to the audit, developers looking at Andover to invest in — both residential and 28 commercial. 29 30 (Legislative) Mr. Dickinson has been monitoring legislative activity related to the WDE waste pit. 31 It is currently in the Governor's proposal and the House proposal. The House bonding bill has 32 increased to $800M. The likelihood of funding is "looking good." Met Council government reform 33 has been tied into the transportation bill, with the Governor now able to appoint the Chair, which is a 34 change from the original proposal. 35 36 (Public Works/Engineering) Mr. Berkowitz commented repairs on streets have already started with 37 attention to crack filling and seal coating. The early start has allowed for gravel road improvements 38 getting done, along with spraying for dust control, and 3 playground installations (with 2 already 39 completed). The Utilities Department, with work focused on sewer, water and storm sewers, makes 40 sure that when there are heavy rains, there is little to no impact. Vehicle Maintenance is critical to 41 the work by keeping the rest of the staff working and equipment moving. Trail maintenance and 42 construction is also progressing, including the area near the Community Center. 43 Regular Andover City Council Meeting Minutes — May 16, 2017 Page 8 Councilmember Goodrich asked about how this work is done and if the trail is "stripped down" to the bottom. Mr. Berkowitz replied trail maintenance happens every year, but this year there will be a focus on safety issues. Rain may slow down street/trail reconstruction. (Planning & Zoning) Mr. Janish stated that Planning & Zoning is taking advantage of a 2nd meeting this month to move some issues forward. 9 10 MAYOR/COUNCIL INPUT 11 12 (New Businesses) Joy Kitchen has their sign up and is looking to get their Certificate of Occupancy 13 this week. The restaurant should be opening in a couple of weeks. Natural Nails is open and the 14 dental office is under construction. Retail is doing well in Andover 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (Legislative) Mayor Trude reported she has been to the capital to talk about funding for the WDE site. Representative Scott supports not waiting another year and sees it as an urgent matter. Senators Abeler and Senjem have also been helpful. The Mayor stated she appreciates knowing that they care about the safety of the residents before there are impacts. Funding for a lot of projects in Anoka County has been added in the last 2 years — funding for Highway 10 and roads around the National Sports Center. (Mise) Mayor Trude complemented Mr. Dickinson for being flexible and working on the equine permit when staff were away. She also suggested that the first 5 pages of the audit report, with the City's history and projects of substance in the past year, be made into a pdf file and be posted on the City's website. It could be helpful to Girl and Boy Scouts earning badges. (YMCA) MN Cities Publication article talks about public/private partnerships. The YMCA is a great facility and partnership for the City and a real success story. Councilmember Knight notes that organizations across the country are looking at this partnership as an example. A link to the article was recommended on the City's website. Mayor Trude reminded residents they can use the YMCA 4 times a year for free by showing their driver's license. ADJOURNMENT Motion by Holthus, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:33 p.m. Respectfully submitted, Marlene White, Recording Secretary 1 Regular Andover City Council Meeting Minutes — May 16, 2017 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — MAY 16, 2017 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE......................................................................................................... 1 RESIDENTFORUM...................................................................................................................... 1 AGENDAAPPROVAL.................................................................................................................. 1 APPROVALOF MINUTES........................................................................................................... 1 CONSENTITEMS......................................................................................................................... 2 Item 2 Approve Payment of Claims......................................................................................... 2 Item 3 Approve Plans & Specs/Order Ad for Bids/17-16, Andover Blvd. NW Trail & 16-18 Hanson Blvd. NW Trail Reconstruction (R037-17)........................................................... 2 Item 4 Approve Change Order 41/14-15/Fox Meadows Park Redevelopment (R038-17) ..... 2 Item 5 Approve JPA/16-32/Painting Signal at Bunker Lake Blvd. NW & Quinn St. NW ..... 2 Item 6 Approve Refuse/Recycler Hauler Licenses.................................................................. 2 Item 7 Approve Joint Powers Agreement Anoka County/Assessment Services Contract ...... 2 Item 8 Accept Contribution/Andover Lions/Fire Department/Remembering When Fire Prevention Program(R039-17)........................................................................................... 2 Item 9 Accept Petition for Sanitary Sewer (Septic)/Approve Resolution Ordering Project/16770 Wren Street NW(R040-17).........................................................................2 Item 10 Approve Appointment Streets Maintenance Worker ..................................................... 2 Item 11 Adopt Resolution/Set Annual Income for Deferred Assessments & Reduced Sanitary SewerRates(R041-17)....................................................................................................... 2 Item 11A Approve Used Vehicle Sales Business License/16191 Round Lake Blvd. NW......... 2 ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................................................ 2 PRESENTATION — 2016 AUDIT REPORT................................................................................. 2 APPROVE EQUINE PERMIT REQUEST (YARD REQUIREMENTS) AT 5110 —163RD LANE NW............................................................................................................................................. 3 CONDITIONAL USE PERMIT AMENDMENT/REVISED PLANNED UNIT DEVELOPMENT — ANDOVER CLOCKTOWER COMMONS — CLASSIC CONSTRUCTION(R042-17).................................................................................................... 4 PRELIMINARY PLAT (REPLAT INTO TWO LOTS) OF LOT 3, BLOCK 1, ANDOVER CLOCKTOWER COMMONS; LOCATED AT THE NORTHEAST CORNER OF HANSON BLVD NW AND CROSSTOWN BLVD NW — CLASSIC CONSTRUCTION (R043-17)..... 6 SCHEDULEEDA MEETING........................................................................................................ 7 ADMINISTRATOR'S REPORT.................................................................................................... 7 (Meetings)................................................................................................................................... 7 (Legislative)................................................................................................................................ 7 (Public Works/Engineering)....................................................................................................... 7 (Planning & Zoning)................................................................................................................... 8 MAYOR/COUNCIL INPUT.......................................................................................................... 8 (New Businesses)...................................................................................................... .................. 8 (Legislative)................................................................................................................................ 8 Regular Andover City Council Meeting Minutes —May 16, 2017 Page 10 (Misc)......................................................................................................8 (YMCA)...................................................................................................................................... 8 ADJOURNMENT........................................................................................................................... 8 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administratgr� FROM: Lee Brezinka, Finance Manager SUBJECT: Payment of Claims DATE: June 6, 2017 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. Claims totaling $217,243.36 on disbursement edit lists #1—#3 from 05/17/17 to 06/01/17 have been issued and released. Claims totaling $593,360.32 on disbursement edit list #4 dated 06/06/17 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $810,603.68. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Check Proof Lists Accounts Payable Computer Check Proof List by Vendor User: brendaf Printed: 05/17/2017 - 3:06PM Batch: 00412.05.2017 Invoice No Description Vendor: Allinal Allina Health System II10022034 2nd Qtr 2017 Medical Directorship 76.00 05/17/2017 Check Total: Vendor: AneomCon Ancom Communications, Inc. 69276 MmitOI V Battery Check Total: Vendor: AspenMil Aspen Mills 197553 05/17/2017 Adam Kelly Uniform Check Total: Vendor: AutoNam AutoNation Ford White Bear Lake 398167 Labor to Repair Unit #133 398167 ACH Enabled: Parts to Repair Unit #133 348.50 05/17/2017 Check Total: Vendor: BDSLaund BDS Laundry Systems S0I0121475 UniMac 25# Cabinet Washer Check Total: Vendor: Boyerl Boyer Track Parts 1147384 Switch for Unit #206 Check Sequence: 5 ACH Enabled: Check Total: Vendor: Bro-Tex Bro-Tex, Inc. 492663 Carpet Recycling Amount Payment Date Acct Number Check Sequence:1 586.99 05/17/2017 0101-42200-63010 586.99 ?CN66V09RJtk Reference ACE Enabled: False JYY.oV Check Sequence: 6 ACH Enabled: False 273.26 05/17/2017 6100-48800-61115 273.26 Check Sequence: 7 ACH Enabled: False 369.80 05/17/2017 0101-46000-63010 AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 1 Check Sequence: 2 ACH Enabled: False 76.00 05/17/2017 0101-42200-61020 76.00 Check Sequence: 3 ACH Enabled: False 18.85 05/17/2017 0101-42200-61305 18.85 Check Sequence: 4 ACH Enabled: False 348.50 05/17/2017 6100-48800-63135 949.53 05/17/2017 6100-48800-61115 1,298.03 Check Sequence: 5 ACH Enabled: False 344.06 05/17/2017 0101-42200-63100 JYY.oV Check Sequence: 6 ACH Enabled: False 273.26 05/17/2017 6100-48800-61115 273.26 Check Sequence: 7 ACH Enabled: False 369.80 05/17/2017 0101-46000-63010 AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference 369.80 Check Total: Vendor. CenLiak CenturyLink 763 755-0776 City Hall Service 763 755-0776 Public Works Service 763 755-0776 Fire Department Service 763 755-0776 Community Center Service 0101-41910-62030 Check Total: Vendor: Colonial Colonial Life & Accident 7156706-0501343 May 2017 Premium E-7156706 7156706-0501343 May 2017 Premium E-7156706 20.00 Check Total: Vendor: Connex2 Connexus Energy COM0000633 Fox Meadows Park Redevelopment 05/17/2017 Check Total: Vendor: CrowRive Crow River Farm Equipment 183674 Parts for Unit #99 Check Total: Vendor: DTBMgmt DTB Management LLC 16770 Wren St. NW (Septic) ACH Enabled: Check Total: Vendor: ECM ECM Publishers, Inc. 487574 Monthly Recycling Program & SEO 489539 Rezone Rural Reserve 489540 CUP Exterior Storage 489541 CUP Oliver St. 489542 Var Dover Kennels Check Total: Vendor: EganSery Egan Service JC10154667 04/17 Crosstown & Andover RR Maintenance Amount Payment Date Acct Number Reference 369.80 Check Sequence: 8 ACH Enabled: False 19.99 05/17/2017 0101-41910-62030 19.99 05/17/2017 0101-41930-62030 20.00 05/17/2017 0101-41920-62030 20.00 05/17/2017 2130-44000-62030 79.98 Check Sequence: 9 ACH Enabled: False 9.60 05/17/2017 7100-00000-21218 217.41 05/17/2017 0101-00000-21210 227.01 Check Sequence: 10 ACE Enabled: False 4,29225 05/17/2017 415049300-65300 4,292.25 Check Sequence: Il ACH Enabled: False 60.96 05/17/2017 6100-48800-61115 60.96 Check Sequence: 12 ACE Enabled: False 20,000.00 05/17/2017 4120-49300-63010 20,000.00 Check Sequence: 13 ACH Enabled: False 260.00 05/17/2017 0101-46000-63025 220.38 05/17/2017 0101-41500-63025 53.75 05/17/2017 0101-41500-63025 48.38 05/17/2017 0101-41500-63025 59.13 05/17/2017 0101-41500-63025 641.64 Check Sequence: 14 ACH Enabled: False 773.75 05/17/2017 0101-43400-62300 AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 345.10 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 3 Check Total: 773.75 Vendor: EmerAppa Emergency Apparatus Maint Check Sequence: 15 91909 Parts to Repair Unit #4821 70.20 05/17/2017 6100-48800-61115 91909 Labor to Repair Unit #4821 325.00 05/17/2017 6100-48800-63135 91910 Labor to Repair Unit #4884 325.00 05/17/2017 6100-48800-63135 91910 Parts to Repair Unit #4884 84.24 05/17/2017 6100-48800-61115 91911 Labor to Repair Unit #4800 325.00 05/17/2017 6100-48800-63135 91911 Parts to Repair Unit #4800 84.24 05/17/2017 6100-48800-61115 91912 Parts to Repair Unit #4820 8.78 05/17/2017 6100-48800-61115 91912 Labor to Repair Unit #4820 325.00 05/17/2017 6100-48800-63135 91913 Parts to Repair Unit #4886 316.11 05/17/2017 6100-48800-61115 91913 Labor to Repair Unit #4986 1,593.25 05/17/2017 6100-48800-63135 91914 Part to Repair Unit #4808 28.08 05/17/2017 6100-48800-61115 91914 Labor to Repair Unit #4808 325.00 05/17/2017 6100-48800-63135 Check Total: 3,809.90 Vendor: Fastenal Fastenal Company Check Sequence: 16 M1411AM55780 Mise. Supplies 134.49 05/17/2017 5300-48300-61005 MNHAMS5780 Misc. Supplies 134.49 05/17/2017 5100-48100-61005 Check Total: 268.98 Vendor: Ferguson Ferguson Waterworks #2516 Check Sequence: 17 0237016 Storm Sewer Supplies 573.44 05/17/2017 5300-48300-61145 Check Total: 573.44 Vendor: FitDisd Fitness Distributing, Inc. Check Sequence: 18 AFCA317 Cybex 770 at Total Body ARC Trainer Off 2,900.00 05/17/2017 0101-42200-61020 Check Total: 2,900.00 Vendor: G&K G&K Services Inc Check Sequence: 19 6182483430 Uniform Cleaning 161.06 05/17/2017 0101-4310051020 6182483430 Uniform Cleaning 23.02 05/17/2017 0101-43300-61020 6182483430 Uniform Cleaning 69.02 05/17/2017 0101-45000-61020 6182483430 Uniform Cleaning 23.01 05/17/2017 5100-4810051005 6182483430 Uniform Cleaning 46.01 05/17/2017 520048200-61005 6182483430 Uniform Cleaning 22.98 05/17/2017 610048800-61020 Check Total: 345.10 ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 3 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Gametime Gametime Check Sequence: 20 ACH Enabled: False PJI-0059888 Playground Equipment 2,515.96 05/17/2017 0101-45000-61020 Check Total: 2,515.96 Vendor: Hawkins2 Hawkins Inc Check Sequence: 21 ACH Enabled: False 4070654 Chemicals for Water Treatment Plant 4,093.28 05/17/2017 5100-48100-61040 Check Total: 4,093.28 Vendor: HDSuppW HD Supply Waterworks, LTD. Check Sequence: 22 ACH Enabled: False H109502 22 GA Cond Wire 259.30 05/17/2017 5100-48100-61035 Check Total: 259.30 Vendor: HIthPDen Health Partners Check Sequence: 23 ACH Enabled: False 73024133 June 2017 Premium 3,898.04 05/17/2017 0101-00000-21208 73024133 June 2017 Premium 45,099.75 05/17/2017 0101-00000-21206 73024133 June 2017 Premium 1,152.27 05/17/2017 7100-00000-21218 Check Total: 50,150.06 Vendor: HydraPlu Hydraulics Plus & Consulting Check Sequence: 24 ACH Enabled: False 8975 Labor to Repair Unit #08-408 116.25 05/17/2017 6100-48800-63135 8975 Pails to Repair Unit #08-408 24.06 05/17/2017 610048800-61115 Check Total: 140.31 Vendor: IngramBr Brett Ingram Check Sequence: 25 ACH Enabled: False Leam to Skate Coach 24.00 05/17/2017 2130-44300-63005 Check Total: 24.00 Vendor: JNJohnSS J.N. Johnson Fire & Safety Check Sequence: 26 ACH Enabled: False SOI.131785 Kitchen Maintenance Contract 324.25 05/17/2017 0101-41910-62300 Check Total: 324.25 Vendor: KensTree Keds Tree Service Check Sequence: 27 ACH Enabled: False 276 Take Down Oak Tree @ 2151 159th Ln 675.00 05/17/2017 0101-43100-63010 Check Total: 675.00 Vendor: KineetEG Kinect Energy Group Check Sequence: 28 ACH Enabled: False 258557/5852862 Community Center 6,249.95 05/17/2017 2130-44000-62015 AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 4 Invoice No Description 258557/5950574 Public Works Vendor: Menards Menards Check Total: Vendor: KothStev Steve Kothman 44644 Returned CO Alarm Refund Water Meter Deposit Returned Steel Garage Door Bettor, 44765 Refund Water Meter Deposit 44832 Thermostat & Guard Refund Water Meter Deposit Return Thermostat 45049 Check Total: Vendor: Lawson Lawson Products, Inc. 9304898961 Misc. Supplies 9304898962 Misc. Supplies Misc. Supplies Check Total: Vendor: Loes Loe's Oil Company 74580 Oil Filters & Anti -Freeze Recycled 74742 Oil Filters & Anti -Freeze Recycled Check Total: Vendor: MacQueen MacQueen Equipment Inc. P04117 Parts for Unit #525 Check Total: Vendor: Menards Menards 44639 CO Alarm 44639 Tools 44644 Returned CO Alarm 44701 Returned Steel Garage Door Bettor, 44765 Metal Clamp/Batteries/Drain Valve 44832 Thermostat & Guard 45047 Return Thermostat 45049 Tools 45307 Returned Misc. Supplies 45309 Tools 45437 Mise. Supplies 45437 Misc. Supplies Check Total: Amount Payment Date Acct Number 775.07 05/17/2017 0101-41930-62015 7,025.02 -37.77 -24.00 250.00 188.23 468.71 65.69 534.40 65.00 31.00 96.00 90.17 90.17 34.99 49.07 -34.99 -25.58 72.47 94.08 -68.90 17.49 -141.87 34.68 36.45 8.38 76.27 Check Sequence: 29 05/17/2017 5100-48100-55110 05/17/2017 5100-48100-55150 05/17/2017 5100-00000-24201 Check Sequence: 30 05/17/2017 6100-48800-61020 05/17/2017 610048800-61020 Check Sequence: 31 05/17/2017 01OIA6000-63010 05/17/2017 0101-46000-63010 Check Sequence: 32 05/17/2017 6100-48800-61115 Check Sequence: 33 05/17/2017 0101-41930-61120 05/17/2017 0101-41930-61205 05/17/2017 0101-41930-61120 05/17/2017 2130-44300-61120 05/17/2017 0101-45000-61020 05/17/2017 0101-41920-61120 05/17/2017 0101-41920-61120 05/17/2017 01OIA1930-61205 05/17/2017 5100-48100-61120 05/17/2017 0101-41930-61205 05/17/2017 0101-41920-61120 05/17/2017 0101-41930-61120 Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Vendor: MetSales Metro Sales Incorporated Check Sequence: 34 ACH Enabled: False 1MV793603 May 2017 Ricoh Wide Format Lease 222.64 05/17/2017 2210-41600-62200 INV793603 May 2017 Ricoh Wide Format Lease 87.12 05/17/2017 0101-42300-62200 INV793603 May 2017 Ricoh Wide Format Lease 87.12 05/17/2017 0101-41600-62200 INV793603 May 2017 Ricoh Wide Format Lease 87.12 05/17/2017 0101-41500-62200 INV794091 Printer Cartridge for Wide Format Printer 14.13 05/17/2017 0101-42300-61020 INV794091 Printer Cartridge for Wide Format Printer 14.13 05/17/2017 0101-41600-61020 INV794091 Printer Cartridge for Wide Format Printer 14.13 05/17/2017 0101-41500-61020 INV794091 Printer Cartridge for Wide Format Printer 36.11 05/17/2017 2210-41600-61020 Check Total: 562.50 Vendor: MNEquipn Minnesota Equipment Check Sequence: 35 ACH Enabled: False P60577 Parts for Units #514 & #515 315.75 05/17/2017 6100-48800-61115 Check Total: 315.75 Vendor: MTIDist MTI Distributing Inc Check Sequence: 36 ACH Enabled: False 1114207-00 10 Inch Wheel Asm & Bearing 391.94 05/17/2017 6100-48800-61115 Check Total: 391.94 Vendor: MCFOA Municipal Clerk & Finance Officers Association Check Sequence: 37 ACH Enabled: False Membership Dues 40.00 05/17/2017 0101-41300-61320 Check Total: 40.00 Vendor: Munlimerg Municipal Emergency Services, Inc. Check Sequence: 38 ACH Enabled: False IN1130332 Majestic Halo Hood 99.70 05/17/2017 0101-42200-61020 Check Total: 99.70 Vendor: NoAmSafe North American Safety Check Sequence: 39 ACH Enabled: False 27020 Lime Breeze TShirts 237.00 05/17/2017 0101-43100-61005 27020 Lime Breeze T -Shirts 76.66 05/17/2017 5100-48100-61005 27020 Lime Breeze T -Shirts 153.34 05/17/2017 5200-48200-61005 Check Total: 467.00 Vendor: NorthMec Northland Mechanical Check Sequence: 40 ACH Enabled: False 69595-65418 Replaced Pump in Boiler Room 955.86 05/17/2017 2130-44000-63105 Check Total: 955.86 Vendor: ORelAuto O'Reilly Auto Parts Check Sequence: 41 ACH Enabled: False AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference 3253-265096 Battery for Unit #13-591 42.99 05/17/2017 6100-48800-61115 Check Total: 42.99 Vendor: OxySvcCo Oxygen Service Company Check Sequence: 42 ACH Enabled: False 03373659 Misc. Supplies 30.60 05/17/2017 6100-48800-61020 Check Total: 30.60 Vendor: PartiBou Parties That Bounce, LLC Check Sequence: 43 ACH Enabled: False 403 Slide & Bounce House - Jan - April 2017 310.00 05/17/2017 2130-44400-63005 Check Total: 310.00 Vendor: PionSecu Pioneer SecureShred Check Sequence: 44 ACH Enabled: False 30851 Shredding Service 1,350.00 05/17/2017 0101-46000-63010 Check Total: 1,350.00 Vendor: Plunkett PlunketVs Pest Control, Inc. Check Sequence: 45 ACH Enabled: False 5666959 Pest Control -5.00 05/17/2017 2130-00000-20301 5666959 Pest Control 77.52 05/17/2017 2130-44000-63010 Check Total: 72.52 Vendor: PovlitzB Brad & Dana Povlitzki Check Sequence: 46 ACH Enabled: False Interest B and D Estates 1.28 05/17/2017 7200-41400-56910 Plat Escrow B and D Estates 837.17 05/17/2017 7200-00000-24202 Check Total: 838.45 Vendor: PovProp Povlitzki Properties LLP Check Sequence: 47 ACH Enabled: False Plat Escrow B & D Estates 2nd Addition 3,451.58 05/17/2017 7200-00000-24202 Plat Escrow B & D Estates 2nd Addition 0.46 05/17/2017 7200-41400-56910 Check Total: 3,452.04 Vendor: PrestoGr Presto Graphics Inc. Check Sequence: 48 ACH Enabled: False 58423 Window Envelopes 548.00 05/17/2017 0101-41400-61005 58423 Envelopes & Catalog Envelopes 152.78 05/17/2017 0101-41200-61005 58423 Envelopes & Catalog Envelopes 203.71 05/17/2017 0101-41500-61005 58423 Envelopes & Catalog Envelopes 152.78 05/17/2017 0101-41600-61005 58423 Envelopes & Catalog Envelopes 254.63 05/17/2017 0101-42300-61005 58423 Envelopes & Catalog Envelopes 101.85 05/17/2017 0101-41230-61005 58423 Envelopes & Catalog Envelopes 50.93 05/17/2017 0101-41300-61005 AP-Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference 58423 Envelopes & Catalog Envelopes 101.85 05/17/2017 0101-41400-61005 AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 8 Check Total: 1,566.53 Vendor: ProLab Pro -Lab Check Sequence: 49 ACH Enabled: False Mold Test 40.00 05/17/2017 0101-41930-63010 Check Total: 40.00 Vendor: R&R R&R Specialties of Wisconsin Check Sequence: 50 ACH Enabled: False 0062226 -IN Blade Sharpening 40.50 05/17/2017 2130-44300-61020 0062287 -IN Blade Sharpening 61.00 05/17/2017 213041300-61020 Check Total: 101.50 Vendor: Simplex SimplexGrinnell LP Check Sequence: 51 ACH Enabled: False 749397552 Alarm System Maintenance Contract 420.00 05/17/2017 0101-41920-62300 79397428 Alarm System Maintenance Contract 420.00 05/17/2017 0101-41930-62300 Check Total: 840.00 Vendor: SunLifeF Sun Life Financial Check Sequence: 52 ACH Enabled: False 238450 June 2017 Premium 31.92 05/17/2017 0101-42200-60330 238450 June 2017 Premium 1,491.47 05/17/2017 0101-00000-21205 238450 June 2017 Premium 153.69 05/17/2017 7100-00000-21218 238450 June 2017 Premium 778.47 05/17/2017 0101-00000-21216 238450 June 2017 Premium 182.23 05/17/2017 0101-00000-21217 Check Total: 2,637.78 Vendor: SupSolut Supply Solutions LLC Check Sequence: 53 ACH Enabled: False 13911 Roll Paper Towel 69.80 05/17/2017 0101-41920-61025 13919 Bath Tissue &Paper Towel 168.31 05/17/2017 0101-41930-61025 Check Total: 238.11 Vendor: Timesave Timesaver Check Sequence: 54 ACH Enabled: False M22894 City Council Meeting 482.00 05/17/2017 0101-41100-63005 M22894 Park & Recreation Meeting 173.00 05/17/2017 0101-45000-63005 M22894 Open Space & City Council Meeting 207.00 05/17/2017 0101-41500-63005 Check Total: 862.00 Vendor: TmGreen TruGreen Check Sequence: 55 ACH Enabled: False 63141313 Weed Control 218.00 05/17/2017 5100-48100-63010 AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference 63141313 Weed Control 196.00 05/17/2017 0101-41920-63010 63141313 Weed Control 40.00 Check Sequence: 56 05/17/2017 5100-48100-63010 63141313 Weed Control 33.00 05/17/2017 5200-48200-63010 63141313 Weed Control 33.00 US Bank Equipment Finance 05/17/2017 5200-48200-63010 63141313 Weed Control 36.00 148.30 05/17/2017 5100-48100-63010 63141313 Weed Control 185.00 05/17/2017 05/17/2017 5100-48100-63010 63141313 Weed Control 600.00 0101-41420-62200 05/17/2017 2130-44000-63010 63141313 Weed Control 85.00 05/17/2017 0101-41920-63010 63141313 Weed Control 204.00 05/17/2017 0101-45000-63010 63141313 Weed Control 114.00 05/17/2017 0101-45000-63010 63141313 Weed Control 85.00 05/17/2017 0101-45000-63010 63141313 Weed Control 93.00 05/17/2017 0101-45000-63010 63141313 Weed Control 130.00 05/17/2017 0101-45000-63010 63141313 Weed Control 70.00 05/17/2017 0101-45000-63010 63141313 Weed Control 125.00 05/17/2017 0101115000-63010 63141313 Weed Control 105.00 05/17/2017 0101-45000-63010 63141313 Weed Control 85.00 05/17/2017 0101-45000-63010 63141313 Weed Control 75.00 05/17/2017 0101-45000-63010 63141313 Weed Control 95.00 05/17/2017 0101-41920-63010 63141313 Weed Control 350.50 05/17/2017 0101-41910-63010 63141313 Weed Control 350.50 05/17/2017 0101111930-63010 63141313 Weed Control 110.00 05/17/2017 0101-45000-63010 63141313 Weed Control 126.00 05/17/2017 0101-45000-63010 63141313 Weed Control 209.00 05/17/2017 0101-45000-63010 63141313 Weed Control 160.00 05/17/2017 0101-45000-63010 63141313 Weed Control 170.00 05/17/2017 0101-45000-63010 63141313 Weed Control 233.00 05/17/2017 0101-45000-63010 63141313 Weed Control 95.00 05/17/2017 0101-45000-63010 63141313 Weed Control 80.00 05/17/2017 0101-45000-63010 63141313 Weed Control 110.00 05/17/2017 0101-45000-63010 63141313 Weed Control 60.00 05/17/2017 0101-45000-63010 ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PK Page 9 Check Total: 4,661.00 Vendor: UnigDini Unique Dining Experiences Check Sequence: 56 6900 Annual Review 40 Yrs 500.00 05/17/2017 0101-42200-61015 Check Total: 500.00 Vendor: USBankEq US Bank Equipment Finance Check Sequence: 57 330497009 Ricoh Copier Lease - Comm Ctr 148.30 05/17/2017 2130-44000-62200 330497009 Ricoh Copier Lease - Bldg. Dept. 162.39 05/17/2017 0101-42300-62200 330497009 Ricoh Copier Lease - City Hall 258.39 05/17/2017 0101-41420-62200 ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PK Page 9 Invoice No Description Amount Payment Date Acct Number 330497009 Ricoh Copier Lease - FS 1 153.28 05/17/2017 0101-42200-62200 Check Total: 722.36 Vendor: Verizon Verizon Wireless Check Sequence: 58 9784949610 Monthly Charge -Storm Water Pump 25.02 05/17/2017 5300-48300-62030 9784949610 Monthly Charge -Park Trail Cams 50.04 05/17/2017 0101-45000-62030 9784949610 Purchase 2 - Trail Cams Equipment 839.98 05/17/2017 6200-48900-61020 Check Total: 915.04 Vendor: Ziegler Ziegler, Inc. Check Sequence: 59 E8643948 May 2017 Maintenance Contract 553.72 05/17/2017 5100-48100-62300 E8861341 05/17 Maint Contract for LS #1 & LS #4 742.95 05/17/2017 5200-48200-62300 E8888441 May 2017 Maintenance Contract 62.03 05/17/2017 5100-48100-62300 Check Total: 1,358.70 Total for Check Run: 126,504.62 Total of Number of Checks: 59 Reference ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/17/2017 - 3:06 PK Page 10 Accounts Payable Computer Check Proof List by Vendor User: brendaf Printed: 05/25/2017 - 3:28PM Batch: 00422.05.2017 Invoice No Description Vendor: Aircon Aircon Electric Corporation 11017-2017-1 Wire Furnace @ Fire Station #1 11024-2017-1 Wire Generator @ Shadow Brook Lift Station 0101-41920-63105 Check Total: Vendor: AmTraffi American Traffic Safety 90147040 2017 Membership Dues Check Total: Vendor: AnkCol3 Anoka Co License Center ACH Enabled: 2017 Ford Explorer License & Registration 1,723.45 Check Total: Vendor: AspenMil Aspen Mills 197880 Uniform for Doug Arndt Check Total: Vendor: BanKoe Ban-Koe Companies, Inc 95111 Annual Fire System Test Check Sequence: 4 Check Total: Vendor: BarrEngi Barr Engineering Company 23021026.01-11 Wellhead Prot Plan Phase II Check Total: Vendor: Barracud Barracuda Networks, Inc. 1699594 Email Security 4, , 6; AXDLb-OR!4j� Amount Payment Date Acct Number Reference ACH Enabled: False Check Sequence: 1 ACH Enabled: False 1,662.12 05/25/2017 0101-41920-63105 205.00 05/25/2017 5200-48200-63100 1,867.12 AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) Page 1 Check Sequence: 2 ACH Enabled: False 79.00 05/25/2017 0101-43100-61320 79.00 Check Sequence: 3 ACH Enabled: False 1,723.45 05/25/2017 4180-49300-65400 1,723.45 Check Sequence: 4 ACH Enabled: False 96.45 05/25/2017 0101-42200-61305 96.45 Check Sequence: 5 ACH Enabled: False 2,185.35 05/25/2017 2130-44000-62300 2,185.35 Check Sequence: 6 ACH Enabled: False 4,629.03 05/25/2017 5100-48100-63005 4,629.03 Check Sequence: 7 ACH Enabled: False 2,100.00 05/25/2017 0101-41420-62305 AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PND Page 2 Check Total: 2,100.00 Vendor: Beacon Beacon Athletics Check Sequence: 8 ACH Enabled: False 0474435 -IN Sparkle/Base Set/Pitching Rubber 2,275.00 05/25/2017 0101-00000-24201 0474435 -IN Sparkle/Base Set/Pitching Rubber 621.00 05/25/2017 0101-45000-61020 0475152 -IN Economy Fence Cap 1,992.00 05/25/2017 0101-00000-24201 Check Total: 4,888.00 Vendor: Boyer2 Boyer Trucks Lauderdale Check Sequence: 9 ACH Enabled: False 101209 Labor to Repair Unit #205 2,052.40 05/25/2017 6100-48800-63135 101209 Parts to Repair Unit #205 5,733.65 05/25/2017 6100-48800-61115 Check Total: 7,786.05 Vendor: CentLand Central Landscape Supply Check Sequence: 10 ACH Enabled: False 272534 Roundup Pro Dry Pack 220.70 05/25/2017 0101-43100-61020 Check Total: 220.70 Vendor: CenLink CenturyLink Check Sequence: 11 ACH Enabled: False 763 754-6713 Subway @ Community Center 53.61 05/25/2017 2130-44100-62030 Check Total: 53.61 Vendor: C1assC Class C Components Inc. Check Sequence: 12 ACH Enabled: False 225803 Garbage Bags& Toilet Bowl Cleaner 296.59 05/25/2017 0101-41970-61020 Check Total: 296.59 Vendor: CollinsS Steve Collins Check Sequence: 13 ACH Enabled: False Lem to Skate Coach 90.00 05/25/2017 2130-44300-63005 Check Total: 90.00 Vendor: Colonial Colonial Life & Accident Check Sequence: 14 ACH Enabled: False E7156706 June 2017 Premium - E7156706 9.60 05/25/2017 7100-00000-21218 E7156706 June 2017 Premium - E7156706 217.41 05/25/2017 0101-00000-21210 Check Total: 227.01 Vendor: ComFord Cornerstone Ford Check Sequence: 15 ACH Enabled: False 16179737/1 Labor to Repair Unit #17-79 54.00 05/25/2017 6100-48800-63135 16179737/1 Parts to Repair Unit #17-79 85.16 05/25/2017 6100-48800-61115 AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PND Page 2 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) page 3 Check Total: 139.16 Vendor: Cues CUES Check Sequence: 16 ACH Enabled: False 000622393 Camera Software 325.00 05/25/2017 5300-48300-61220 000622393 Camera Software 325.00 05/25/2017 5200-48200-61220 Check Total: 650.00 Vendor: DehnOil Dehn Oil Company Check Sequence: 17 ACH Enabled: False 53919 Unleaded Fuel 924.75 05/25/2017 6100-48800-61045 53920 Diesel Fuel 2,490.00 05/25/2017 6100-48800-61050 Check Total 3,414.75 Vendor: ECM ECM Publishers, Inc. Check Sequence: 18 ACH Enabled: False 489392 May - June 2017 Andover Newsletter 1,826.00 05/25/2017 0101-41210-63030 489950 Andover Advocate - May 129.00 05/25/2017 0101-46000-63025 Check Total: 1,955.00 Vendor: EmerAum Emergency Automotive Check Sequence: 19 ACH Enabled: False D1,05 1717-21 Bulb for Unit #4819 22.41 05/25/2017 6100-48800-61115 Check Total: 22.41 Vendor: FacMotor Factory Motor Parts Company Check Sequence: 20 ACH Enabled: False 6-1473720 Lamps 7.08 05/25/2017 6100-48800-61020 Check Total: 7.08 Vendor: Ferguson Ferguson Waterworks #2516 Check Sequence: 21 ACH Enabled: False 0237293 Meters 2,213,81 05/25/2017 5100-48100-61150 Check Total: 2,213.81 Vendor: FirstStT First State Tire Recycling Check Sequence: 22 ACH Enabled: False 105191 Tire Recycling 219.00 05/25/2017 0101-46000-63010 105205 Tire Recycling 531.00 05/25/2017 0101-46000-63010 Check Total: 750.00 Vendor: FoxVallM Fox Valley Metrology Check Sequence: 23 ACH Enabled: False 163619 Torque Wrench Calibration 345.00 05/25/2017 6100-48800-61205 AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) page 3 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PK Page 4 Check Total: 345.00 Vendor: GFOA Gov't Finance Officers Ass Check Sequence: 24 ACH Enabled: False 2016 CAER Review 50.00 05/25/2017 2110-46500-63005 2016 CAER Review 50.00 05/25/2017 5100-48100-63005 2016 CAER Review 50.00 05/25/2017 5200-48200-63005 2016 CAER Review 35.00 05/25/2017 5300-48300-63005 2016 CAER Review 250.00 05/25/2017 010141400-63005 Check Total: 435.00 Vendor: GovConn GovConnection, Inc. Check Sequence: 25 ACE Enabled: False 54792573 Remote Backup Equipment 627.95 05/25/2017 0101-41420-61225 Check Total: 627.95 Vendor: Hawkins2 Hawkins Inc Check Sequence: 26 ACH Enabled: False 4071416 Aqua Hawk MB-BioBlock 1,100.00 05/25/2017 5200-48200-61140 Check Total: 1,100.00 Vendor: HowiesHo Howies Hockey Tape Check Sequence: 27 ACH Enabled: False 28986 Resale Items for Pro Shop 283.59 05/25/2017 2130-44200-61245 Check Total: 283.59 Vendor: IDEAL Ideal Advertising, Inc Check Sequence: 28 ACH Enabled: False 42870 Polo Shirts 1,586.00 05/25/2017 0101-42200-61305 Check Total: 1,586.00 Vendor: InstEnvi Institute of Environmental Assessment Check Sequence: 29 ACH Enabled: False 00022395 Public Works Bldg - IAQ Monitoring 1,325.00 05/25/2017 0101-41930-63105 Check Total: 1,325.00 Vendor: InterBat Interstate All Battery Center Check Sequence: 30 ACH Enabled: False 1901202003080 12V Battery 21.99 05/25/2017 5200-48200-61005 Check Total: 21.99 Vendor: JRAdvanc Ms Advanced Recyclers Check Sequence: 31 ACH Enabled: False 92185 Appliances & Bulbs Recycling 316.00 05/25/2017 0101-46000-63010 92186 Appliances/Electronic & Bulbs Recycling 7,803.50 05/25/2017 0101-46000-63010 AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PK Page 4 Invoice No Description Amount Payment Date Acct Number Reference Check Total Vendor: KLMEngin KLM Engineering, Inc. 6356 Exterior Power Washing for Tower 2 8,119.50 Check Total: Vendor: LOCATO Locators & Supplies, Inc. 0255933 -IN Traffic Cones & Squeegee 318.42 Check Total: Vendor: MainMo Main Motors Chev- Cadillac 325946 Check Sequence: 38 ACH Enabled: False Parts for Unit 917-15 Check Sequence: 33 ACH Enabled: Check Total: Vendor: Menards Menards 45300 65.00 Andover Lions Pk Exerc Station 45843 5200-48200-61005 Mise. Supplies 45959 Misc. Supplies Check Sequence: 34 ACH Enabled: Check Total: Vendor: MNPlaygr Minnesota Playground, Inc. 2017097 6100-48800-61115 Wood Fiber -200 CY 2017097 Shadowbrook East Park Playground Check Total: Vendor: MTIDist MTI Distributing Inc 1117247-00 Parts for Units #16-583 & #12-584 0101-45000-61020 Check Total: Vendor: NoAmSafe North American Safety 27239 Safety Vest & Global Gove Gripster 27239 0101-43300-61105 Safety Vest & Global Gove Gripster 27239 254.78 Safety Vest & Global Gove Gripster Check Total: Vendor: NoCounFo North Country Ford 286297 False Circuit for Unit #17-79 8,119.50 AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) Page 5 Check Sequence: 32 ACH Enabled: False 9,875.00 05/25/2017 5100-48100-63100 318.42 9,875.00 Check Sequence: 38 ACH Enabled: False 65.00 Check Sequence: 33 ACH Enabled: False 519.34 05/25/2017 0101-43300-61020 0101-43100-61020 65.00 519.34 05/25/2017 5200-48200-61005 282.00 Check Sequence: 34 ACH Enabled: False 41.45 05/25/2017 6100-48800-61115 05/25/2017 6100-48800-61115 41.45 Check Sequence: 35 ACH Enabled: False 31.16 05/25/2017 0101-45000-61020 31.73 05/25/2017 5100-48100-61105 191.89 05/25/2017 0101-43300-61105 254.78 Check Sequence: 36 ACH Enabled: False 636.00 05/25/2017 O101 A5000-61130 2,544.00 05/25/2017 0101-45000-61130 AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) Page 5 Check Sequence: 37 ACH Enabled: False 318.42 05/25/2017 6100-48800-61115 318.42 Check Sequence: 38 ACH Enabled: False 65.00 05/25/2017 0101-45000-61020 152.00 05/25/2017 0101-43100-61020 65.00 05/25/2017 5200-48200-61005 282.00 Check Sequence: 39 ACH Enabled: False 28.03 05/25/2017 6100-48800-61115 AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) Page 6 Check Total: 28.03 Vendor: NorthMec Northland Mechanical Check Sequence: 40 ACH Enabled: False 69691-65385 Replace Control Board @ FS 41 555.00 05/25/2017 0101-41920-63105 69692-65090 Repair Pipe Leaking @ Fire Station #2 263.00 05/25/2017 0101-41920-63105 Check Total: 818.00 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 41 ACH Enabled: False 3253-262654 Misc. Filters 4,149.38 05/25/2017 6100-48800-61115 3253-262954 Returned Fuel Filters -6.58 05/25/2017 6100-48800-61115 3253-265133 Mini Lamp 4.13 05/25/2017 6100-48800-61020 3253-265284 HubBrg Assy 271.14 05/25/2017 6100-48800-61115 3253-265524 AC Compressor Packages 218.76 05/25/2017 6100-48800-61020 3253-265535 Mini Fuses 13.96 05/25/2017 6100-48800-61020 3253-265653 Return Deck Support -20.81 05/25/2017 6100-48800-61115 3253-265674 Flasher for Unit#69 15.19 05/25/2017 6100-48800-61115 3253-265722 Returned Misc. Filters -1,014.94 05/25/2017 6100-48800-61115 3253-265732 Flasher 15.19 05/25/2017 6100-48800-61115 3253-265739 Retuned Misc. Filters -1,001.60 05/25/2017 6100-48800-61115 3253-265748 Returned Misc. Filters -1,490.19 05/25/2017 6100-48800-61115 3253-266618 Oil & Fuel Filters 36.80 05/25/2017 6100-48800-61115 3253-266911 Capsule 6.98 05/25/2017 610048800-61020 Check Total: 1,197.41 Vendor: Of Depot Office Depot Check Sequence: 42 ACH Enabled: False 927122842001 CH Office Depot Supplies 3.02 05/25/2017 0101-42300-61005 927122842001 Office Supplies 3.49 05/25/2017 0101-41500-61005 927122842001 Copy Paper -11 X 17 261.60 05/25/2017 0101-41420-61005 927122842001 CH Office Depot Supplies 1.21 05/25/2017 0101-41400-61005 927122842001 Office Supplies 11.88 05/25/2017 0101-41230-61005 927122842001 CH Office Depot Supplies 2.42 05/25/2017 0101-41500-61005 927122842001 CH Office Depot Supplies 0.60 05/25/2017 010141300-61005 927122842001 CH Office Depot Supplies 1.81 05/25/2017 0101-41600-61005 927122842001 CH Office Depot Supplies 1.81 05/25/2017 010141200-61005 927122842001 CH Office Depot Supplies 1.21 05/25/2017 0101-41230-61005 Check Total: 289.05 Vendor: OxySvcCo Oxygen Service Company Check Sequence: 43 ACH Enabled: False 08071796 Misc. Supplies 225.00 05/25/2017 6100-48800-61020 AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Check Total: 225.00 Vendor: RIMechan R7 Mechanical, Inc. Check Sequence: 44 ACH Enabled: False 6702 Replace Furnace & A/C @ FS #1 7,742.69 05/25/2017 0101-41920-63105 Check Total: 7,742.69 Vendor: ROGERA Roger's Auto Body Check Sequence: 45 ACH Enabled: False Labor to Repair Unit #200 895.00 05/25/2017 6100-48800-63135 Parts to Repair Unit #200 865.00 05/25/2017 610048800-61115 Check Total: 1,760.00 Vendor: RoyalTi Royal Tire Inc Check Sequence: 46 ACH Enabled: False 301-135352 Tire for Unit #T-98 120.65 05/25/2017 6100-48800-61115 Check Total: 120.65 Vendor: S&SInd S & S Industrial Supply Check Sequence: 47 ACH Enabled: False 291989 Misc. Supplies for Signs 21.60 05/25/2017 0101-43300-61030 Check Total: 21.60 Vendor: SigSyst Signal Systems Inc. Check Sequence: 48 ACH Enabled: False 39480 Time Clock Set & Service 39.44 05/25/2017 0101-45000-61005 39480 Time Clock Set & Service 39.44 05/25/2017 0101-43100-61005 39480 Time Clock Set & Service 39.43 05/25/2017 610048800-61005 39480 Time Clock Set & Service 39.44 05/25/2017 5100-48100-61005 Check Total: 157.75 Vendor: SmithBr Smith Brothers Decorating Check Sequence: 49 ACH Enabled: False 24067 Paint 155.46 05/25/2017 0101-43100-61020 Check Total: 155.46 Vendor: TruGreen TruGmen Check Sequence: 50 ACH Enabled: False Weed Control @ Pumphouse #3 88.00 05/25/2017 5100-48100-63010 Check Total: 88.00 Vendor: TCGamge Twin City Garage Door Co. Check Sequence: 51 ACH Enabled: False 482121 Repair Small Door on East Side 1,167.60 05/25/2017 5100-48100-63010 482660 Remove& Replace Bottom Weather Seal 629.25 05/25/2017 5100-48100-63105 AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) Page 7 Invoice No Description Amount Payment Date Acct Number Reference ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) Page 8 Check Total: 1,796.85 Vendor: Uline Uline Check Sequence: 52 86837346 Trash Cans Andover Lions Park 728.20 05/25/2017 4150-49300-61020 86837346 Trash Cans Timber Trails Park 728.20 05/25/2017 4150-49300-61020 86837346 Trash Cans Maple View Park 364.10 05/25/2017 4150-49300-61020 86837346 Trash Cans Ranger 45 Gal 1,820.50 05/25/2017 0101-45000-61020 Check Total: 3,641.00 Vendor: USBankEq US Bank Equipment Finance Check Sequence: 53 331295048 Ricoh Copier Lease @ Public Works 140.50 05/25/2017 0101-41930-62200 Check Total: 140.50 Vendor: Verizon Verizon Wireless Check Sequence: 54 9785657233 Monthly Cell Phone Service 69.37 05/25/2017 0101-41200-62030 9785657233 Monthly Cell Phone Service 249.00 05/25/2017 0101-42300-62030 9785657233 Monthly Cell Phone Service 165.60 05/25/2017 2130-44000-62030 9785657233 Monthly Cell Phone Service 96.25 05/25/2017 0101-41500-62030 9785657233 Monthly Cell Phone Service 396.63 05/25/2017 0101-41600-62030 9785657233 Monthly Cell Phone Service 59.37 05/25/2017 0101-41400-62030 9785657233 Monthly Cell Phone Service 190.40 05/25/2017 0101-42200-62030 9785657233 Monthly Cell Phone Service 105.69 05/25/2017 0101-41420-62030 9785657233 Monthly Cell Phone Service 367.03 05/25/2017 0101-45000-62030 9785657233 Monthly Cell Phone Service 110.64 05/25/2017 5200-48200-62030 9785657233 Monthly Cell Phone Service 71.89 05/25/2017 0101-43300-62030 9785657233 Monthly Cell Phone Serviced 263.07 05/25/2017 0101-43100-62030 9785657233 Monthly Cell Phone Service 157.11 05/25/2017 6100-48800-62030 9785657233 Monthly Cell Phone Service 302.04 05/25/2017 5100-48100-62030 9785657233 Monthly Cell Phone Service 59.37 05/25/2017 0101-41910-62030 Check Total: 2,663.46 Total for Check Run: 84,555.04 Total of Number of Checks: 54 ACH Enabled: False ACH Enabled: False ACH Enabled: False AP -Computer Check Proof List by Vendor (05/25/2017 - 3:28 PM) Page 8 Accounts Payable Computer Check Proof List by Vendor 2 06/01/ User: f 4- � J Printed: 06/01/2017 - 2:22PM Batch: 00401.062017 Invoice No Description Amount Payment Date Acct Number 9 h CITY aF N66R » Reference Vendor: WellsFar Wells Fargo Bank Check Sequence: I ACH Enabled: False Membership Dues 75.00 06/01/2017 0101-42200-61320 Tools 321.70 06/01/2017 6100-48800-61205 Parts for Units #07-191 & #4814 246.43 06/01/2017 6100-48800-61115 Meal 36.00 06/01/2017 6100-48800-61310 Vehicle License 30.74 06/01/2017 6100-48800-61415 Misc. Supplies 138.05 06/01/2017 0101-42200-61020 Postage 57.09 06/01/2017 5100-48100-61405 Misc. Supplies 294.00 06/01/2017 5300-48300-61145 Fuel 20.00 06/01/2017 6100-48800-61045 Parts for Unit#155 14.99 06/01/2017 6100-4880061115 Meals for Conference 90.19 06/01/2017 0101-42200-61310 Shuttle & Cab 69.23 06/01/2017 0101-42200-61410 Misc. Supplies 29.22 06/01/2017 0101-42200-61020 Tools 529.92 06/01/2017 0101-42200-61205 Misc. Supplies 555.66 06/01/2017 0101-45000-61020 Misc. Supplies 14.00 06/01/2017 5100-48100-61120 Misc. Supplies 51.75 06/01/2017 0101-41920-61120 Misc. Supplies 285.00 06/01/2017 4150-49300-61020 Fox Meadows Park Redevelopment 400.00 06/01/2017 4150-49300-63010 Tools 119.92 06/01/2017 0101-41600-61205 Subscription 295.03 06/01/2017 0101-43200-61325 Pop 31.76 06/01/2017 7100-00000-24208 Computer Upgrades 157.80 06/01/2017 0101-41420-61225 Technology Upgrades 429.98 06/01/2017 0101-42200-61225 Misc. Supplies 404.99 06/01/2017 0101-45000-61020 Misc. Supplies 59.59 06/01/2017 0101-42300-61020 Computer Equipment 555.96 06/01/2017 2130-44000-61210 All Staff Meeting 42.81 06/01/2017 0101-41200-61310 Council Meeting 110.87 06/01/2017 0101-41100-61310 Food for Recycling Day 14.99 06/01/2017 0101-46000-61310 Metro Safety Meeting 33.20 06/01/2017 0101-41600-61310 LTS Job Posting Ad 35.00 06/01/2017 2130-44000-63025 AP -Computer Check Proof List by Vendor (06/01/2017 - 2:22 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Weatherseal for Garage Door 43.55 06/01/2017 2130-44300-61020 Schlage Everest Key Blanks 541.90 06/01/2017 213044400-61020 Fuel 21.00 06/01/2017 6100-48800-61045 Parts for Units #77 & #76 26.38 06/01/2017 6100-48800-61115 Check Total: 6,183.70 Total for Check Run: 6,183.70 Total of Nmnber of Checks: AP -Computer Check Proof List by Vendor (06/01/2017 - 2:22 PM) Page 2 Accounts Payable Computer Check Proof List by Vendor User: brendaf Printed: 06/01/2017- 3:17PM Batch: 00406.06.2017 Invoice No Description �1l��eiER� Amount Payment Date Acct Number Reference Vendor: AlliedBI Allied Blacktop Co. Check Sequence: 1 ACH Enabled: False Payment #1 2017 Parking Lot Maintenance 1,492.40 06/06/2017 4180-49300-63010 Payment#1 2017 Crack Sealing 89,422.51 06/06/2017 4140-49300-63010 Check Total: 90,914.91 Vendor: BjorkCom Bjorklund Companies LLC Check Sequence: 2 ACH Enabled: False 25747 Class 1 Gravel 16,242.54 06/06/2017 4140-49300-63010 Check Total: 16,242.54 Vendor: EnviTech Envirotech Services, Inc. Check Sequence:3 ACH Enabled; False CD201713271 Calcium Chloride 8,205.12 06/06/2017 0101-43100-63010 CD201713271 Calcium Chloride 1,922.58 06/06/2017 0101-45000-63010 CD201713271 Calcium Chloride 726.66 06/062017 0101-43100-63010 Check Total: 10,854.36 Vendor: HDSuppW, HD Supply Waterworks, LTD. Check Sequence: 4 ACH Enabled: False H170451 Water Meters 22,500.00 06/06/2017 5100-48100-61035 Check Total: 22,500.00 Vendor: MattBull Matt Bullock Contracting Co. Check Sequence: 5 ACH Enabled: False Payment #1 Fox Meadows Park Redevelopment 67,436.03 06/062017 4150-49300-63010 Check Total: 67,436.03 Vendor: MNDOH Minnesota Department of Health Check Sequence: 6 ACH Enabled: False 1020034 20172nd Qtr Water Connection Fee 10,460.00 06/06/2017 5100-48100-63050 Check Total: 10,460.00 Vendor: NelsAuto Nelson Auto Center Check Sequence: 7 ACH Enabled: False AP -Computer Check Proof List by Vendor (06/01/2017 - 3:17 PK Page I Invoice No Description F7638 2017 Ford Explorer F7638 2017 Ford Explorer 06/06/2017 Check Total: Vendor: No Valley North Valley, Inc. Payment #1 2017 Street Reconstruction Check Total: Vendor: RedpathC Redpath and Company 150432929 2016 Audit 150432929 2016 Audit 150432929 2016 Audit 150432929 2016 Audit 150432929 2016 Audit 150432929 2016 Audit 2220-41600-63005 Check Total: Vendor: YMCAAn< YMCA of Metro Mpls - Andover 33,945.00 Youth Center 09/2016 - 04/2017 Check Total Total for Check Run: Total of Number of Checks: Amount Payment Date Acct Number Reference 12,869.20 06/06/2017 5100-48100-65400 12,869.19 06/06/2017 5200.18200-65400 25,738.39 593,360.32 10 AP -Computer Check Proof List by Vendor (06/01/2017 - 3:17 PM) Page 2 Check Sequence: 8 ACH Enabled: False 299,651.09 06/06/2017 4140-49300-63010 299,651.09 Check Sequence: 9 ACH Enabled: False 5,383.00 06/06/2017 5100-48100-63005 5,383.00 06/06/2017 5200-48200-63005 1,625.00 06/06/2017 5300-48300-63005 1,644.00 06/062017 2110-46500-63005 711.00 06/062017 2220-41600-63005 19,199.00 06/062017 0101-41400-63005 33,945.00 Check Sequence: 10 ACH Enabled: False 15,618.00 06/06/2017 2320-41400-63005 593,360.32 10 AP -Computer Check Proof List by Vendor (06/01/2017 - 3:17 PM) Page 2 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City FROM: David D. Berkowitz, Director Works/City Engineer 0 SUBJECT: Accept Petition/Order Feasibility Report/17-38/2462 —138`h Ave. NW/WM - Engineering DATE: June 6, 2017 INTRODUCTION The City Council is requested to accept the petition and order the feasibility report for Project 17-38, 2462 — 138th Avenue NW for water main improvements. In 2010 water main was installed on 1381h Avenue NW and Xavis Street NW from Crosstown Drive NW to Bunker Lake Boulevard NW. The lateral water main and services to each unit was funded through Community Development Block Grant funding to encourage municipal water connection in this area. Attached is the petition from the property owner to hook up to City municipal water. As identified on the petition letter the property owner has waived the right to a public hearing. The next step is to prepare the feasibility report with the associated costs and bring back to the City Council for approval. BUDGETIMPACT All fees associated with this project will be assessed to the property. ACTION REOUIRED The City Council is requested to accept the petition and order the feasibility report for Project 17- 38, 2462 — 138th Avenue NW for water main improvements. Respectfully submitted, David D. Berkowitz Attachments: Resolution Location Map & Petitioner cc: Gary Haider, 3033 —127th Ln. NW, Coon Rapids, MN 55448 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING FEASIBILITY REPORT FOR WATER MAIN IMPROVEMENTS FOR PROJECT NO. 17-38 , IN THE AREA OF 2462 —138"' AVENUE NW. WHEREAS, the City Council has received a petition, dated May 24, 2017 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. Escrow amount for feasibility report is 0 The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of June , 2017, with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Julie Trude - Mayor Michelle Hartner — Deputy City Clerk voting in voting AK, 6 R 138th Ave. NW (Water Hook Up) Date Created: June 01, 2017 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. Date: May 24, 2017 Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: 17- 3$ RECEIVED 14AY30M17 CITY OF ANDOVER We do hereby petition for improvements of atermam sanitary sewer, storm sewer and streets (circle one or more) with the cos s of the improvement to be assessed against my benefiting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 year period. Sincerely, GaWHaider 2462 138 Ave NW, Andover, MN (Property Address) 3033 127th Lane NW, Coon Rapids, MN 55448 (Home Address) 612-810-3625 C:\Users\garyhaider\Documents\PETITION SINGLE.doc NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers James Dickinson City Administrat( Dana Makinen, Human Resources Accept Resignation of Darrin Hansen, Streets Maintenance Worker June 6, 2017 CG INTRODUCTION This item is to acknowledge the resignation of Darrin Hansen, Streets Maintenance Worker. DISCUSSION Darrin's last day with the City of Andover will be Jun 8, 2017. The Human Resources department would like to advertise and recruit candidates for this position. BUDGETIMPACT None. This was already identified in the 2017 Budget. ACTION REQUESTED The City Council is requested to acknowledge the resignation of Darrin Hansen and authorize Human Resources to begin recruitment for a new Streets Maintenance Worker. Respectfully submitted, Dana Makinen 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.ANDOVERMN.GI}V TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of ublic orks/City Engineer FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Consider Request to Waive Tournament Fee for The Heroes Tourney -Tribute to NIN Troops — Engineering DATE: June 6, 2015 INTRODUCTION The City Council is requested to approve a request to waive the tournament application fees for the use of Sunshine Park ball fields on August 12, 2017 by the Tribute to the Troops of Minnesota. Attached is the tournament application. This is the first year the tournament organization is putting on a tournament of this type. The fee that is being recommended to be waived is as follows: $206.25 Field reservation fee (1 day only). $200.00 Field usage fee. Note: Staff is not recommending the $250 damage deposit fee be waived since all non-profit organizations (youth associations such as baseball, softball, soccer, football, etc.) have been required to provide a deposit each year. The damage deposit fee is refundable as long as the litter/garbage on the fields, parking areas and other portions of the park have been cleaned up and that there has been no damage to the fields/facilities. Note: The City Council has the only authority to waive fees. Fees have been waived in the past (20 15) for the North Metro Firefighters Mutual Aid Department which is considered non-profit organization. The tournament application was approved by the Park and Recreation Commission on March 20, 2017. ACTION REQUIRED The City Council is requested to approve a request to waive the tournament application fees for the use of Sunshine Park ball fields on August 12, 2017 by the Tribute to the Troops of Minnesota. Respectfully submitted, Todd J. Haas Cc: Kyle Lundequam, Tournament Director (copy sent by e-mail) Attachment: Request from The Heroes Tourney Directors; Tournament application A Arm' rr0000M TRCRCROCSTOURRCT The Heroes Tourney P.O. Box 120 Andover, MN 55304 www.TheHeroesTourney.org 22 -May -2017 To the Andover City Council, Subject: Request for Waiver of Fees for The Heroes Tourney The Heroes Tourney, an all -volunteer committee of Tribute To The Troops — Minnesota (https://tributetothetroops.orgo, was created to utilize athletic tournaments to deliver educational support to children of fallen heroes. Our inaugural event will be a co-ed Softball Tournament including a double -elimination tournament, home run derby, base running competition, and kids event. Proceeds from this eventwill go to the Fallen Heroes' Children's Education Fund (https://tributetothetroops.org/childrens-education-fun4.php) which provides financial assistance to the surviving children of our fallen heroes for post- secondary education costs. Since this charity tournament's main goal is to raise funds for children's education, we would like to request a waiver to the City's fees for this event. The requested waiver would be for $456.25 (406.25 in field fees plus $50 for the Cushman) and does not include the damage deposits. We look forward to answering any questions you may have at your June 6th meeting. Sincerely, Kyle Lundequam and Scott Lundequam The Heroes Tourney Tournament Directors Tribute To The Troops — Minnesota ECEIVE MAY 2 3 2017 BY: 2017 TOURNAMENT, MULTI -DAY AND JAMBOREE APPLICATION FORM (SOFTBALL, BASEBALL 8, FAST PITCH) (Please print or type all information) ECCE VEE NAME OF TOURNAMENT: The Heroes Tourney - 1st Annual Softball Tournament FEB Z 2 2017 TOURNAMENT ORGANIZATION: _ The Hp.mpq Tnnrnev o -r+=11 TOURNAMENT SPONSOR:. Tribute To The Troops — Minnesota TWO TOURNAMENT DIRECTORS MUST BE LISTED TOURNAMENT DIRECTOR #1 (print name): _ Kyle Lundeguam ADDRESS: P.O. Box 120 CITY, STATE, ZIP CODE: Andover, MN 55304 PHONE: 763-439-5980 (mobile) E-MAIL: kVle(@tributetothetrool)s.org TOURNAMENT DIRECTOR #2 (print name): Scoff Lundeguam ADDRESS: P.O. Box 120 CITY, STATE, ZIP CODE: Andover, MN 55304 PHONE: 763-670-4908 (mobile) E-MAIL: _ slundeguam(c)gmail com Note: The Tournament Director(s) or designee shall be on site at all times during the duration of the tournament. Check here if organization is located in Andover X DATES OF'TOURNAMENT: 12 Aucli ist 2017 PARK FEES AND USAGE. Fees are as follows: (Check A or B) X A. No Field Maintenance X Adult - $275.00 Field reservation fee is for the use of up to 2 fields (') 0 Youth - $275.00 Field reservation fee is for the use of up to 2 fields (") for all youth organizations not affiliated with Andover youth (to be considered an organization from Andover, a minimum of 51% participation of Andover residents shall be required based on the previous year participation of the organization or association). Note: (') This field reservation fee is used to secure the use of the field(s). If your organization schedules more than 2 fields an additional $100 per field will be charged. If your organization uses more than the approved number of field(s), the organization will be charged double per field plus a 15% administration fee. 4 Number of fields to be used Note: 1 day tournaments will be charged 75% of the field reservation fee. The field reservation fee includes the use of the chalker, chalk and batter's box during the duration of the tournament by the Tournament Director. The Tournament Directors is responsible for maintenance of the field(s), upkeep of trash bins, restrooms and building. 0 B. With Field Maintenance 0 Adult - $275.00 Field reservation fee is for the use of up to 2 fields (") plus a $1000 escrow for maintenance. Note: Any remaining escrow will be returned to the applicant once the final City maintenance personnel costs have been determined. If it has been determined that the fees collected are not enough to cover the City maintenance personnel costs of the tournament, the applicant will be responsible to pay for these costs prior to the release of any damage deposit fee that has been collected for the tournament. 0 Youth - $275.00 Field reservation fee is for the use of up to 2 fields for all youth organizations not affiliated with Andover youth (') (to be considered an organization from Andover, a minimum of 51 % participation of Andover residents shall be required based on the previous year participation of the organization or association). A $800 escrow shall be required for maintenance for all organizations and/or associations. Note: Any remaining escrow will be returned to the applicant once the final City maintenance personnel costs have been determined. If it has been determined that the fees collected are not enough to cover the City maintenance personnel costs of the tournament, the applicant will be responsible to pay for these costs prior to the release of any damage deposit fee that has been collected for the tournament. For organizations affiliated with Andover Youth, the field reservation fee will be waived but the escrow is required. Note: (') This Field reservation fee is used to secure the use of the field(s) and to pay for a City employee to maintain the facilities throughout the tournament (upkeep of trash bins, restrooms and building) including the maintenance of fields. If your organization schedules more than 2 fields, an additional $100 per field will be charged. If your organization uses more than the approved number of field(s), the organization will be charged double per field plus a 15% administration fee. Number of fields to be used Note: 1 day tournaments will be charged 75% of the field reservation fee. The field reservation fee includes the use of the chalker, chalk and batter's box during the duration of the tournament by the Tournament Director. Damage Deposit Fees (Check A or B) 0 A. $500 Profit Organizations X B. $250 Non -Profit Organizations Park usage as follows: (Check fields requested to be used) Softball Fields 0 Eveland Fields -North Field 0 Eveland Fields -Middle Field 0 Eveland Fields -South Field X Sunshine Park -Diamond No. 1 X Sunshine Park -Diamond No. 2 X Sunshine Park -Diamond No. 3 X Sunshine Park -Diamond No. 4 0 Sunshine Park -Diamond No. 5 0 Sunshine Park -Diamond No. 6 0 City Hall Park Complex #1 -Diamond No. 7 Baseball Fields 0 Andover Station N. Ball Field Facility -West Field If Andover Station N. Ball Field Facility -Middle Field 0 Andover Station N. Ball Field Facility -East Field 0 Hidden Creek North Park 0 Pine Hills South Park 0 Shadowbrook East Park -South Field 0 Shadowbrook East Park -North Field 0 Rose Park -South Field 0 Rose Park -North Field SPECIAL REQUEST SECTION Check the following boxes if applicable. X If you need to use the Cushman, there will be a fee of $50.00 per day and $350 refundable damage deposit. It will be necessary to pay the necessary fees 1 week prior to the tournament. Training for the Cushman by the Public Works Department will be necessary prior to any use. 0 List any special instructions necessary for the Public Works Department so arrangements can be made prior to the tournament. (Example: Include the location/distance of pitching rubbers and/or base locations.) All requests for tournaments must be submitted by Friday, January 6, 2017. The application. will be considered by the Park & Recreation Commission at the third Thursday meeting in January. Any tournament application after that will be on a space available basis. and must be submitted at least eight weeks prior to the tournament date. A penalty of 50 percent of the field reservation fee will be assessed for applications made less than eight weeks prior to the tournament date. All fees (including escrows if maintenance is being requested) must be submitted with the application no later than eight weeks prior to the tournament date. For any late application, the late fees (including escrows if maintenance is being requested) must also be' submitted with the application, including the penalty fee. Late applications must be approved by the Park and Recreation Commission at least two weeks prior to the date of the tournament. The sequencing of scheduling will be considered with City . Youth Associations having first priority. A $500.00 damage deposit fee (or $250.00 deposit fee for non-profit organizations) is due eight weeks before the tournament date. Any equipment damaged or lost or any damage to City property by renter will be deducted from deposit fee. The $500.00 (or the $250.00), less any money for damages, will be returned after inspection and final City maintenance personnel costs of the tournament have been determined by the Public Works Department. . If the tournament organization is requesting a Non -Intoxicating Liquor License, it will be necessary to request Attachment A. The City Council has adopted the following policy: "Field reservation fees and the required escrow for tournaments shall be paid no later than eight weeks prior to the tournament date. If the tournament is cancelled, the field reservation fee nor the Non -Intoxicating Liquor License Fee will be returned. In the event that another sponsor requests the use of the facilities after a tournament has been cancelled, the hew sponsor must pay the full amount and the original sponsor will be refunded the total minus any administrative costs incurred by the City. Where tournament reservation fees are not required and a tournament is cancelled, the association or group is to notify the City in writing at least 14 days prior to the date of the tournament". If further information is needed, please contact the Parks Coordinator at (763) 755-5100. Application forms may. be obtained from and returned to the City of Andover, Parks Coordinator, 1685 Crosstown Boulevard NW, Andover, MN 55304. • The City reserves the right to cancel or delay usage of the fields due to weather, field conditions, etc. • During the months of May & June, no more than three consecutive weekend tournaments in a row will be allowed. • Regulations, Violations and Penalties Regarding (City Code Title 8 Chapter 4) use and occupancy of city parks are available on the City of Andover's webpage at www.andovermn.cov NO METAL SPIKES (UNLESS APPROVED BY THE CITY). . NO ALCOHOL 19 Feb 2017 DATE 20 Feb 2017 DATE Approved by City Council: 2/3/15 H/engineering/parks/application/softbal Itourn ame ntappl.doc KYLE LUNDEQUAM TOURNAMENT DIRECTOR #1 (signature) . 2/20/2017 XScott Lundequam Slpned by. LUNDEQUAM.SCO'R.PAUL1392086362 TOURNAMENT DIRECTOR #2 (signature) 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.AN DOVE RMN. GOV TO CC FROM: SUBJECT: DATE: Mayor and Councilmember's Nts James Dickinson, City AdministratJoe Janish, Community Developmeor Stephanie Hanson, City Planner Approve Final Plat - Catcher's Creek 2"d Addition — Mark Smith — Planning June 6, 2017 INTRODUCTION The City Council is asked to approve the final plat for Catcher's Creek 2nd Addition. DISCUSSION The proposed final plat creates 28 single family lots. There are minor revisions that will need to be corrected prior to the release of the Mylar's for recording at Anoka County. Sheet 1: 144th Ave NE must be changed to 144th Ave NW Sheet 2: Lot widths must comply with the approved preliminary plat — Block 2, Lot 9, 10, and 17 must be corrected Park Dedication and Trail Fees The developer will be required to pay park dedication and trail fees for the lots at the time building permits are issued. ACTION REQUESTED The Council is asked to adopt the attached resolution approving the final plat with conditions. Attachments Resolution Location map Trails and Vehicle Maintenance Access Locations Final Plat with Highlighted Corrections Re ectfull ub 'tt d, Stephanie L. Hanson Cc: Mark Smith, 2170 Otter Lake Drive, Lino Lakes, MN 55110 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RXX A RESOLUTION APPROVING THE FINAL PLAT OF "CATCHER'S CREEK 2"d ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS; That part of the Southwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, lying South of the North 1150.15 feet as measured at right angles to the North line thereof; lying West of the East 200.00 feet as measured at right angles to the East line thereof, lying East of the East line of Prairie Road and lying North of the following described line: Commencing at the Northeast corner of said Southwest Quarter, thence South 0 degrees 03 minutes 42 seconds East, assumed bearing, along the East line of said Southwest Quarter a distance of 1760 feet to the point of beginning of the line to be herein described; thence North 82 degrees 00 minutes West 402.98 feet; thence North 82 degrees 59 minutes 02 seconds West 315.05 feet; thence North 86 degrees 28 minutes 27 seconds West 187.57 feet to the East line of Prairie Road and there terminate. And: The South 300.15 feet of the North 1150.15 feet, as measured at right angles to the North line, of that part of the Southwest Quarter lying East of the East line of Prairie Road (as located on 5/22/69). Also that part of the East 200.00 feet, as measured at right angles to the East line, of that part of the Southwest Quarter lying South of the North 1150.15 feet as measured at right angles to the North line thereof and lying North of the following described line: Commencing at the Northeast corner of said Southwest Quarter; thence South 0 degrees 03 minutes 42 seconds East, assumed bearing, along the East line of said Southwest Quarter a distance of 1760.00 feet to the point of beginning of the line to be herein described; thence North 82 degrees 00 minutes West 402.98 feet and there terminate. All in Section 25, Township 32, Range 24, Anoka County, Minnesota. And: Outlot A, Outlot B and Outlot C, CATCHERS CREEK, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat for the project to be known as "Catcher's Creek 2"d Addition"; and WHEREAS, the Developer has presented a final plat of Catcher's Creek 2"d Addition and it is consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Catcher's Creek 2"d Addition contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover June 6, 2017. 2. Separate Vehicle Maintenance Access Agreements shall be provided over, under, and across the following lots: Block 2, between Lots 9 and 10; Block 2, Lots 6, 7, 8, 9, 10 and 11 which must be approved by the City Attorney and recorded at the County with the final plat. 3. Separate Trail Easement Agreements shall be provided over, under, and across the southerly 100 feet of Block 2 Lots 6, 7, 8, 9, 10, 11, and 12 which must be approved by the City Attorney and recorded at the County with the final plat. 4. Separate Trail Easement Agreements shall be provided over, under, and across Block 2, between Lots 5, 6, and 7 and Block 2, between Lots 19 and 20 which must be approved by the City Attorney and recorded at the County with the final plat. 5. Park dedication and trail fees shall be paid on a per unit basis at the rate in effect at the time of final plat approval and subject to increase as provided by state statute. Payment shall be made to the city as per the Assessment Agreement. 6. A Development Contract and Assessment Agreement shall be executed prior to the filing of the final plat. 7. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 8. Corrections must be made to the final plat prior to the release of the Mylar's for recording with Anoka County. Corrects include: Correct street name on Sheet 1 from 144th Ave NE to 144th Ave NW; Sheet 2 Block 2, Lots 9, 10, and 17 lot widths must be in compliance with the approved preliminary plat. Adopted by the City Council of the City of Andover this 6th day of June, 2017. ATTEST: CITY OF ANDOVER Michelle Harmer, City Clerk Julie Trude, Mayor LOCATION MAP Catcher's Creek 2nd Add. t I t 669. 395 igg63 19464 14465 i. 1, �� � 19471f , r,-!4I� �/� ��- 11 � 311 ❑111 ' i1' ' t'u u1 '• ' 1, �� � 19471f , r,-!4I� �/� ��- � 311 ❑111 ' i1' ' t'u u1 '• ' - ' Ifip IIP❑ f � IJS-b .LA.SbA I I in 113110 l 1&10 Ii -16 1111. �tl i •M V b X28 ��� �� 112-1- t� il❑ �•' :�-131i 1 S11 311 2 219 .L +t 14191 ��'CL �- � 14 _.y to 1� .. 1 Map is meant to provide approximate location only CRNRR" CONSTRUCTION Nares: CATCHERS CREEi 2ND ADDITION City o/ Andover Anoka County, Minnesota LEGEND: IOY mOFAhY RIINo —m—II— C�IN4 NN1.K� NYFII Lm�Ne umN.w — — Dmw siWl SRA DHIM �-- Ivrs wtivtn swwrc arm —1— PP(PoFD MllYllll —f<— PXCYSD SIGN Sql ..", U d E W Trail Easements w VMA's L• `J s CATCHERS CREEK 2ND ADDINON .AT...,.-,... .. ,.-.L . E. Me o/ the SW 1/4 of Sen 25, T. 32, R. 24 Drainage and Utility Eaesmanfa are lesro -- J0.00 Wherein Nue: +:,: l C -' Itl 48 -__2 i --( e 1'+Dreinage and 5s as BBB I*S Utnfly Easement l_ 30 I o as . ar 1r,'7 1 led Ice I8' _JI L__ I__ 'sg 1 0 Being 5 feet In width and adpinlhq S r-- 184• - -1 I� lot Mss, unless adversities shown, and 10 feet In aldth and adpining 8 m street Innes unless otheralee shown on the plat $) /."4 ,Z 19 V0n For the purposes of this / plat. the East 8 /• Af u, F Tor of the Range 1/4 of Solon 25, Y / SOOR2'S4'E N 4; Toanahlp 32, Rana 24 le assumed to bear W07451 -W. LEI Or---- W 185.40----1 ig e Denotes 1/2 Inch by 14 Inch Iron pipe 51- S �I�1 monument found and marked as Mom. SI V NI �} 1 O Denotes 1/2 Inch by 14 Inch. pipe w 1 's 0.1 x $ monument set and marked by Ucenee Number 418175. e+i----------- PV as Or-Y---SOOR2'54"E----e 'A a� 4 •i..4r.nw� u91 / ----�� • §gH 1L ---- 214.23 'bd ------j NORTH .� a � ---50022'S4'E -�\ 11 IIIN.I�CH�= 5�0 FEET h-1 0 50 100 251.24 NOR2'S4"W SCALE IN FEET L - r-w.rn-1 As n -I ------7I r----1 I II I II IW I IW ' IW 21 I„ NI I II IN pI Ir ad 7 -I II I« Ir I� 6 - _ - - I II I L ----J 80.01 II I -J * - nit L--- ste4 71 5 R JUNIPER STREET N.W. I R JUNIPER STREET N.W., 2 „0OR S00^3fi_39'W 84.3/ NDRS'12'W 130.48 N014'44"E $id, n .-_ 11Lt5 •�t As n -I ------7I r----1 81.71 81.43 50.00 ' STATE OF MINNESOTA Iz9It I m I� i This instrument was acknowledged before me His day of 20_ by as aN 13 ::" la �1L7 I ��o° I'n gllla eI g of Ice g gI M 19 44 I s Ndary Public, County, Minnesota In ' 8 31 gl I _I rn N Icah__ 'I Ii -I z o so M ME I I =% III represeMatlm of the boundary survey; 01st ell mathemalkal data end labels ere corzectty designated on this plat that all monuments depicted on this post have been, of be mneclly ed fluin one yea, I IIi 2 1 1 II II -I I� o \ I I � I_1)6.70__ Lj 67.70-J I I S I h ^. u? 81. L i ea.9D -J' pr 70. 63.91 co N0014'44'E o A PRAIRIE ROAD N. W. 8. N� ------- 290.93 S0014'44'W --------- - m Enc B. Lindgren, Licensed Lam Surveyor y 's N N ec STATE OF MINNESOTA COUNTY OF PRAIRIE ROAD N.W. as - - - - This instrument was aclud w edged before me this day of 20_ by Bic B. lintlpren. Igoo I L- - - - - - - - - - - - -- City of Andover County of Anoka Sec. 25, T. 32, R. 24 KNOW ALL PERSONS BY THESE PRESENTS: That Mark of Excellerwe Homes. Inc., a Minnesota corporation, Avner of Ne following described property: The South 300.15 feet of the North 11M 15 feet, as measured at right angles to Ne North line. of Nat part of Ne Soutbeee Quarter tying East of the East One of Pnone Road (as located on Sr2969). Also that pad of the East ZW.00 fee, as measured at night angles to the East line, of that pad of Me Southwest Quarter lying South of the Nodh 11W 15 feet as measured at right angles to the North line thereof and tying North of the forts,rng desmbe l line: Commencing at the Northeast comer of said Southwest Coiner; thence South 0 degrees 03 rXntdes 42 seamnds East, assumed beann8. along Ne East line of said Southwest Quarter a distance of 1761 fact to the point of beginning of the Me to be herein deembed; thence North 82 degrees 00 mnotes West 402.98 feet and there terminate, Alt In Season 25, Township 32, Range 24, Anoka County, Minnesota. The pad of the Southwest Quarter of Season 25, Toem esp 32. Range 24, Am" County. Minnesota, lying South of the North 11 W.15 feet as measured at right angles to the Neth line thereof, tying West of Ne East 200.00 feet as measured at right angles to Ne East line thereof, lying East of the East line of Preine Road and lying North of the farrowing desmbed line. commencing at the Northeast comer of said Southwest Owner, thence South 0 degrees 03 minutes 42 sencends East, assumed beating. along the East line of said Southwest Quarter a distance of 1760 feet to the Wm of beginning of IM1e line to b herein asserted; teQ then Nash 82 degrees oa minutes West 402.98 feet; thence North 82 degrees 59 minutes 02 seconds West 315.05 feet; thence Nash 86 degrees 28 minutes 27 mi ands West 187.57 feet to the East I'me of Fraud. Read and there terminale. Oullat A, Outlet B and Outlot C, CATCHERS CREEK, Anoka County, Mlnnesota. Has caused the same to be surveyed and planed as CATCHERS CREEK 2ND ADDITION and does hereby author. to the public for public use the public ways and the drainage and uslity easements as cheated by this plat. In witness whereof said Mat, of Excellence Homes, Inc, a Minw¢ola corporatim, has caused these presents to to signed by its proper officer the day of 20_ MARK OF EXCELLENCE HOMES, INC SHEET 1 OF 2 SHEETS its ' STATE OF MINNESOTA COUNTY OF i This instrument was acknowledged before me His day of 20_ by as of Mary of Excellence Hanes. Inc., a Minnesota corporator, on behalf of the coryoragan. ♦i rt Ndary Public, County, Minnesota ' 8 My Commission Expire CI Eric B. Lindgren do hereby certdy that Nis plat was prepared by me or under my diced supervision. that I am a duty Licensed Land Surveyor In the State of Minnesota: that This plat is a coned J `o represeMatlm of the boundary survey; 01st ell mathemalkal data end labels ere corzectty designated on this plat that all monuments depicted on this post have been, of be mneclly ed fluin one yea, that all water bourManes and wetosnce, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of Nis owmnwte are sMan am labeled on This plat. am all public ways are sham and U U labeled on this plat. L Q 8 (Clad his day of 20_ N Enc B. Lindgren, Licensed Lam Surveyor y 's Minnesota License No. 98178 ec STATE OF MINNESOTA COUNTY OF This instrument was aclud w edged before me this day of 20_ by Bic B. lintlpren. Igoo I Nw i Meaty Public County, Minnesota 3i; sj My Commission Expire 't CITY COUNCIL, CITY OF ANDOVER MINNESOTA % This plat of CATCHERS CREEK 2ND ADDITION was approved and accepted by the City Council of the City of MWWr, Minnesota at a regular meeting thereof held this day of 20_ and said plat is in owdaianoe with the provisions of Minnesota Statutes, Section 595.03, SuM 2. �( CITY COUNCIL, CITY OF ANDOVER, MINNESOTA By: ,Mayor By: ,Clerk II MOM COUNTY SURVEYOR 1 hereby certify that and accordance argon Minnesota Statutes, Section 505.021, Sued. 11, this plat has been rewewetl am approved this day IN 20- BY tarry D. Holum me" County Surveyor ANOKA COUNTY AUDITORRREASURER Pursuant to Minnesota Statutes, Search 505.021, Subd. 9, taxes payable In the year 20_ on the land heremefore described have been and, Also, pursuant to Minnesota Statutes, Seared 272.12, there are no demuenl taxes and tmnsfererdemd this day of 20_ BY Deputy Property lax Administrator ANOKA COUNTY RECORDEWREGISTRAR OF TITLES I hereby partly that Oda plat of CATCHERS CREEK 2ND ADDITION was riled In the office of Ne County RecorderlRegistar of TRIM for yubsc record on this day of .20 al o'doc M. antl was duly remarried In Back Page_, as Document Number By Deputy Canty Recomenitegislrar of Tries SHEET 1 OF 2 SHEETS PRAIRIE f ROAD N.W.-----� I . , :'� I ( 73221 SEB'45'ib"E w) �) 83 t 9.23 Ai R=949.73 N89' 120 I I I 2 / a :C _W 4Q� S Q CATCHERS CREEK2NO ADDMON '27 r 56.80 N.W. ry Z ii 500514 5w 2.604 it i p=51722' I II 1�I 13 I II •, / 27.09" lig. zr i �°+a,,1�. 23'211N/4and�4 \ = I 'I I$ I a± `• :_ t1 z I L--io22a —� 8� I' m Emm U891y I /ham. g Mi eaM- �i I1 7 Jf1 8 her 11 ii iil� I W r I / 60 I 89' -35'09W ---1 M- A n' I 17 1-5 .00 R=20R=20.00 / III I .✓,•' • • ---124T4- >ewt6'te2 Courtly Ditch No. 57 Coon —Match Line (See Shade 2 of 2 9ieeb) S. line of the N. 1150.15 ft, of the�� -SW 1/4 of See. 25, T. 32 R. 24 589'45'16'EI Ai y 00 50. j II I'1 'Ias F- 41.92 ?��✓ to 44-11,00 it I � R WET I I and LAND t I Ig 9 1 81'; 10 I /1 I I, lira r I j I I r n° 4eP4Stet1 _ A 56.80 N.W. n ii I it i p=51722' I II 1�I 13 I II I1g I - II C �I Ib I \ = I - ' Edge of N. W. mNN N.W. n 1 g _ , ___ _ 4=3509'42" With, I.and _ r --R=20.00 I I A -9P4]'45' � / I I 31.69is 80 �.......�.. Iiid C �I Ib I \ = I 'I I$ I a± `• :_ t1 z I L--io22a —� 8� and\ U891y I % g \ Emement an W d t � her 184.88 — ---- N F S _ eI 11 o I W r I / 60 I 89' -35'09W ---1 M- A n' I 17 1-5 .00 R=20R=20.00 ,1 wY \` S81'48'34 -E floe_- _ 1t. >29.1 4 26.1 frA 1.37 N8B'37'08'E .—. .� m� 143RD nv1 $AYE. N. W. mNN N.W. n 1 g _ , ___ _ 4=3509'42" 83.95_ _ r --R=20.00 I I A -9P4]'45' � 11.581 I I 31.69is 80 2 14 �I Ib I \ = I 'I I$ I a± `• :_ t1 z I L--io22a —� n w y l 14.70NBP35'W l Ifo m >5 l }�I 1 an her 184.88 — ---- N F S _ eI I I I i6 I I W r I / 60 I 89' -35'09W ---1 M- A n' I 17 1-5 .00 R=20R=20.00 18 R=6o.o0 _' _ `3><b"�g2='•--A=z2'54'. A=2529'n'�F �- ♦ \ k' 23.99 26.?s1O�p ?� i See Detail x<� STREET L;� soa EV .\ N. W. ,d>�'O pj�afe'37mK,� �\;r R a 1920 so 7, algae a/i ' oil, \\ (SOP03'42'Eai 60 ic�tLe City of Andover County of Anoka Sec. 25, T. 32, R. 24 Oral and U9w llty Eanent• re shown Mur Ce --j—SJ Being 5 feet In width and adjoining I ot IIF., unless atherwlon shown, and 10 tent In width and adjoining sues! Inm unless otherwise shown an the plat For the purposes of this plot, Ne East line of Ne southwest 1/4 of Seoticn 25, Townehlp 32, Range 24 b aeeumad to bear SD074'51'W. w Omotm 1/2 Inde by 14 Inch Iran pipe mmument found and marked m emi o Dentin 1/2 Inch by 14 Inch loon pipe rhorturnrint set and marked by Llaeme Number 48176. HOLLY /--- STREET as N. W. . 00'1�e ♦♦ jW as 0 or I � an ti I 1 N 1 �� %'Noo N sr 40 ♦ Demo _ No Smb' 101 y '. S00'24'51'Wm.�' —%194.01 N _':` I A point 1]80.00 feet vouN of I /' �_7=z4w� the NE aomr of the NW ,/4 of Sea 25, T. U. R 24 ._ ---'I • • • NORTH 1 INCH = 50 FEET 0 50 ,00 SCALE IN ItFT L A N D F O R M From Site to Finish SHEET 2 OF 2 SHEETS Qj- 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.CI.ANDOVERMN.GOV TO: Mayor and Council Members CC: James Dickinson, City Administrator FROM: Joe Janish, Community SUBJECT: Approve Final Plat/PSM Addition (replat of Clocktower Commons) — Planning DATE: June 6, 2017 INTRODUCTION The City Council is asked to approve the final plat for PSM Addition. DISCUSSION The proposed final plat creates 2 commercial lots in conformance with the approved preliminary plat, and amended PUD for Clocktower Commons. Park Dedication and Trail Fees Park Dedication fees had been paid at the time of the original plat (Hamilton Square). ACTION REQUESTED The Council is asked to adopt the attached resolution approving the final plat with conditions. Attachments Resolution Location Map Final Plat es ect y ub itted, Joe Janish Community Development Director Cc: Tom Roberts, BDT Land, LLC 6484 Pinnacle Drive, Eden Prairie, MN 55346 Diane Leverentz, Classic Construction 18542 Ulysses Street NE East Bethel, MN 55011 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I_'a&.�[o)a"* A RESOLUTION APPROVING THE FINAL PLAT OF "PSM Addition" FOR PROPERTY LEGALLY DESCRIBED AS: Lot 3, Block 1, ANDOVER CLOCKTOWER COMMONS, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat for the project to be known as "PSM ADDITION"; and WHEREAS, the final plat is consistent with the Planned Unit Development (PUD); and WHEREAS, the final plat is consistent with the preliminary plat; and WHEREAS, the Developer has presented a final plat of PSM ADDITION. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of PSM ADDITION contingent upon the following: 1. The plat shall conform to the final plat stamped received by the City of Andover May 30, 2017. 2. Each lot shall be subject to the Commercial Site Plan review process. 3. Building Permits will not be issued until final plat is recorded. 4. Conditions approved as part of the Preliminary Plat Resolution 043-17 must be satisfactorily met prior to the filing of the final plat. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. Adopted by the City Council of the City of Andover this 6th day of June, 2017. CITY OF ANDOVER ATTEST: Michelle Harmer, City Clerk Julie Trude, Mayor PSM ADDITION KNOW AL PERSONS BY THESE PRESENTS: That EDT Hddinga, U.C. a Minnesota limited liability campany owner of the fdlawing described property. Lot 3, W.cl, 1, AND04ER CLOCKTOWER COMMONS. Mala County Minnesota. Has caused the same to be surveyed and plotted as PSM ADDITION as shown by this plat. In win... whereat said DOT Holding, MC. a Minnesota limited liability campany, has caused these p,.onto to be signed by its proper officera this day of 20— EDT HOLDINGS, LLC STATE OF MINNESOTA COUNTY OF MI. instrument saw aHmawledgad before on. NT _ day of . 20_ by as EDT Hddinga, LLC. a Minnesota limited liablity company, on behalf of Ne campany. Notary Public, Colnty, Minnesota My Commission E,Ires I Jason E. Rud do hereby certify Nat Nie plat was prepared by me aw under my direct supervisiam that I am a duly Licensed Land Surveyor in One State of Minnesota; Out this plat is a correct representation of One boundary surrey, that all mathematical data and label. are correctly designated on this plat; that all monuments depicted on this plat here has. or will be correctly set within we }ear, Nal all water boundaries and wet land, ue defined in Minnesota Statutes, Section 50501, SNd. 3. as of the date of this certificate are shown and labeled on this plata and all public woyd are shown and labeled an His plot. Dated NM tlay of . 20_ Jason E Rud, Llcerued Land Surveyor Minnesota Licanee No. 41578 STATE OF MINNESOTA COUNTY OF This instrument was acknowledged before me this _ day of 20_ by Jason E Rud Notary Public, County. Minnesota My Commission Expires City Council. City of Mdover, Minnesota This plat of PSM ADDITION was approved and accepted by Ne City Cauncll of the qty of Mdonvei, Minnesota at a regular meeting Hereof held this day of 20— and said plat la in compliance with the provisions of Minnesota Statutes, Section 505.03. Sabel. 2 City Council, City of Malone, Minneaota MayoClark County Surveyor I hereby cMify that In accordance with Minnesota Statutes, Section 505.D21, Subd. 11, this plat has been reviewed and approved Nie _ day of 20_ . Larry D. Holum Anoka County Surveyor County Auditar/Treasurer Pursuant to Minnesota Statute% Section 505.021. Subd 9. taxes payable In the year 20_ on the land hereinbefore descHbed how been paid. Aero, p..ant to Minnesota Statutes. Ssclfam 272.12. there are no ddir,ort taxes and transfer ent—d Nie day of 20 . Properly Tax Administrator By Deputy County Rewrder/Registrar of Miss County of Anoka. Slate of Minnesota I hereby certify that this plat of PSM ADDMON was flied h the oMc, of the County Recorder/BegMtror of title. for public record an Nie day of 20� at _ o'clock �M. and was duly recorded in Book Page as Document Number County Recorder/R.,ist or of Miss By Deputy CITY OF ANDOVER \ \ COUNTY OFANORA \ \ SEC. 23, T3211, R24W e \ \ \ \ . \ O DENOTES SEr 1/2 INCH BY 14 INCH IRON RPE \ ` - MARKED IES FOUND MONUMENT. RLS N0. 1576. • DFNOUND IRON MONUMENT. A DENOTES PK NAL SET FOR THE PURPOSES OF THIS PLAT THE SOUTHWESTERLY LINE OF LOT 3. BLOCK 1. ANDOYTR MOCKTOWER COMMONS IS ASSUMED TO HAYS A BEARING OF NORTH 38 DEGREES 4E MINUTES 17 SECONDS WEST. i� RECEIVED NORTH / SO o 15 JO 60 120 SCa:LMAY 3 0 2017 1 mac = sD mmain w .Da / et XSONS, INC. CITY OF ANDOVER EST 191 Professional Land Surveyors 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administr Michelle Harmer, Deputy City Approve Extension of Liquor License/Beef O'Brady's June 6, 2017 INTRODUCTION Tony Zeece, of Beef O'Brady's, 15190 Bluebird Street has submitted a request for an extension of their liquor license. Beef O'Brady's is planning to hold an outdoor event Saturday, August 26, 2017 and would like Council to approve an extension of their liquor license to include the fenced in area located on the attached map. Tom Roberts, Stonewood Properties, Inc. the owner of the property has given approval for Beef O'Brady's to hold their outdoor event. The BBQ event will run 12:00 p.m. — 7:00 p.m. The band will play until 12:00 a.m. Staff is recommending conditions for this permit approval. Conditions are the following: 1. The alcohol sold must be contained in the area. Patrons cannot carry alcohol thin the parking lot. 2. The area shall be fenced/roped off. 3. Security must be provided by Beef O'Brady's. Beef O'Brady's held this event last year with no complaints filed. ACTION REQUIRED Council is requested to consider the extension of the liquor license, request submitted by Beef O'Brady's for August 26, 2017 with the conditions presented by staff. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Outdoor Event Application Event Map Email from Tom Roberts, Stonewood Properties, Inc. 1685 CROSSTOWNBOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV OUTDOOR EVENTS ARE PERMITTED ON "WEEKENDS (FRIDAYS AND SATURDAYS) IN JUNE, JULY AND AUGUST. ESTABLISHMENTS ARE ALLOWED ONE EVENT WEEKEND PER CALENDAR YEAR. EVENT MUST END AT MIDNIGHT. Commercial Outdoor Event Application i Name of Business Owner: G �� % _ { e c -,e Name Address kj-/ sf - /,j a, #// V Phone Number of Business: 7 C _? " t% -2-7 0 d 2. Date(s) of Outdoor Event:_ i 1 Time of Event: 4. Location of Tent and/or Band: (Provide a sketch on the back of this form detailing where the tent, stage and/or band will be located on the property, indicating lot boundary lines and building locations.) 5. Extension of Liquor.License: Yes No 6. Please provide verification from your Insurance Company indicating your liability insurance provides coverage outside of the premise.. 7. Please provide written permission from property owner, Applicant of this application will comply with Andover City Code 5-6, Noise Control. The business is required to provide security for the outdoor event. Dated: �_ / 7 C ;z Owner's Sign tore" Approved Denied: City Clerk Council Action: _Approved Denied Date: OF , t og, PROVIDE A SKETCH DETAILING WHERE THE TENT, STAGE AND/OR BAND WILL BE LOCATED ON THE PROPERTY, INDICATING LOT BOUNDARY LINES AND BUILDING LOCATIONS. „�cf �� ;� Tt Subject: RE: 2017 Tent Party/BBQ contest From: Tom Rober To: Cc: Date: Thursday, May 11, 2017 12:43 PM Sounds good to me. Tom Roberts Stonewood Properties, Inc. 11015 Bell Oaks Estate Rd Eden Prairie, MN 55347 From: Tony and Matt Zeece [mailto. Sent: Thursday, May 11, 2017 12:40 PM To: Tom Roberto Subject: 2017 Tent PartyBBQ contest Can we get your approval for our tent party and BBQ cook off again this year. It will take place on August 26th. Thanks. Tony Beef'O' Brady's . I T LNDOW, 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW. CLAN DOVER. MN. US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Erick Sutherland, Recreational Facilities Manager SUBJECT: Approve Resolution Accepting Contribution from the Andover Youth Hockey Association / Andover Community Center DATE: June 6, 2017 INTRODUCTION This item is in regard to approving a resolution accepting a donation made by Andover Youth Hockey Association (AHYHA). AHYHA is donating a new scoreboard to the Andover Community Center to be located on the North wall within the Ice Arena. DISCUSSION AHYHA has made a one-time donation of a new scoreboard (Valued at $17,000) and the associated installation costs. The existing scoreboard will be relocated to the South wall in the Ice Arena as part of this project. ACC will control all advertising on the new scoreboard and will facilitate what is necessary to maximize the new advertising opportunity. ACTION REQUIRED The City Council is requested to approve the resolution accepting the donation from AHYHA. Respectfully Submitted, Erick Sutherland Attachments: Scoreboard rendering CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A DONATION OF A HOCKEY SCOREBOARD MADE TO THE CITY OF ANDOVER TO BE USED AT THE ANDOVER COMMUNITY CENTER. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the scoreboard donation from Andover Youth Hockey Association to be used for hockey events at the Andover Community Center. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used at the Andover Community Center. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of June 2017, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. �1110161y_1►19Z01V/A:7 ATTEST: Julie Trude - Mayor Michelle Hartner - Deputy City Clerk ANDOVER COMMUNITY CENTER GM ] .. 11 wIn� �i . i C avw c 1 1 ON G IOAL 32 :S I Out :11 1 GOAL 10 ; s S PERIOD 32 I I. S 2 S ANDOVER COMMUNITY CENTER ANDOVER, MN Do not use for design/engineering or ad copy approval. Copyright 02017 Daktronlcs DD3629627 (05-01-17 litevO revised 00-0D001j 10 The details and expressions shown are conceptual in nature, confidential and proprietary. final design and appearance may differ from artwork shown. DA KT R0 N I CS All registered trademarks are the properly of the registrant and their use does not imply endorsement of Doktronlo. Do not raprod. 6y awry mean. wnhaat the expmaed wriaen concent of Duktron"., t„c. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administr, Michelle Harmer, Deputy City Approve Refuse/Recycler Hauler Licenses June 6, 2017 INTRODUCTION Refuse/recycle hauler licenses expired on May 31, 2017. DISCUSSION The following licensed haulers in the City have applied for renewal of their licenses. Loe's Oil Company Inc. Waste Management ACTION REQUIRED The City Council is requested to approve residential and commercial licenses for the haulers listed above, contingent upon payment of appropriate fees and their trucks passing inspections performed by our mechanics. The license period will be from June 7, 2017 through May 31, 2018. Respectfully submitted, Lm 4rw-" Michelle Hartner Deputy City Clerk Attach: License Applications 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV 1. Business Name LICENSE APPLICATION REFUSE/RECYCLE HAULERS 2. Address of Business: Street City State Zip 3. Business Phone Number/�7r, -�2 E-mail Address _ 4. Owner of the cnllnntinn canrirP- Name (Please print) rnone Number .J A Street Address City State Zip 5. Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. 7. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of Disposal/Processing/Recycling Garbage Tires AUsed Oil Appliances C'. U 10. 11 Name & Location of Disposal/Processing/Recycling Corrugated Edible Food Waste Scrap Metal Yard Waste Demolition/Construction Debris Paper/Paper Products Plastics Newspaper Ashes Tree Debris Office Paper Glass Other - specify License(s) Requested: Residential ($150) K Commercial ($150) Number of trucks proposed to be licensed ($25 per truck) Applicant acknowle s receipt of a copy of City Code Title 4, Chapter 2 and agrees to co at all times ' h the provisions of said ordinance. Sign ture Date Commercial License Per Truck Fee* -ouncil Action: Approved $150.00 License/Receipt #Z80 17 _ D6'A� $150.00 Insurance Expiration Dates $25.00 * $50.00 re -inspection fee per truck if 1St inspection fails. Denied Date 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV LICENSE APPLICATION REFUSE/RECYCLE HAULERS Business Name 2. Address of Business: City State Zip Business Phone Number 0 I10D E-mail Address 4. Owner of the collection (Please City State Zip 0-1100 Attach a description of each piece of equipment proposed to be used in the collection operation. 6. Attach a schedule of services to be made to the customer including, but not limited to, proposed days of collection in different areas of the city. Attach a schedule of varying rates based on the volume of weight of the refuse collected indicating the charge for each size container or other schedule of charges. 8. Provide a certificate of public liability insurance in the amount of at least $100,000 for injuries, including accidental death, to any one person and in an amount not less than $300,000 for each accident; and for loss or damage to property in the amount of $50,000. 9. Check all types of materials you collect and indicate where they are taken for disposal/processing or recycling: Name & Location of Disposal/Processing/Recycling Garbage �� i - 010n (G153" �Vk lJ Lt) Tires Used Oil Appliances W M - IVB DUFF v' y -t- i 5 1 o G:3.3 I� A-vz q Name & Location of Disposal/Processing/Recycling Corrugated (A)111 Vwi,1s Edible Food Waste X Scrap MetalV,l)11'1 1�V, (,;kjos VMf-F-1jlL�-r 14, )( Yard Waste s'r' y E k,, j0U1 ce I wV Auz Lry\fir X Demolition/Construction Debris ( p — i C "-i /, rl - i G � m Ay-, o W Q I(- �2J-;, �— Paper/Paper Products WAj ::Z,,;yi {,'P S 1MI2 gDl1 �r o�dwe i 0, r1'15 J x Plastics 7( Newspaper Ashes Tree Debris 5V-9 L 3 o j�n.l Cn �n -Vt jtilV i S Office Paper Wyy�--FVr),y\ (,+,c,y lmr-e -VBDn 3knc Nj,tS Glass Other - specify 10. License(s) Requested: 11 r, Residential �9 Commercial Number of trucks proposed to be licensed Applicant acknowledges receipt of a copy of City Code Title 4, Chapter 2 and agrees to com at all t with the provisions of said ordinance. JL� a[ure Date Fees: Residential License $150.00 License/Receipt # Qu I"1- p o a .)- i 2 ozo 1'7 -60a00 - L Commercial License $150.00 Insurance Expiration Date: 1. 1 • 18 Per Truck Fee* $25.00 * $50.00 re -inspection fee per truck if I" inspection fails. Action: Approved Denied Date r 5 - i So. 06 C0 ' ;5e.00 sX17S.to � iruc�s - i75,aD � 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Joe Janish, Community Development for Dan Krumwiede, Associate Planner SUBJECT: Variance Request — 16422 Hanson Blvd NW —Dover Kennels - Planning DATE: June 6, 2017 61 INTRODUCTION Mrs. Jill Huston submitted a variance request for her property located at 16422 Hanson Blvd NW. The request regards the current lot size and a proposed 17 ft. x 20 ft. building addition. This property currently has a Conditional Use Permit to operate a dog kennel, which was approved in 1988. Variance Review Mrs. Huston submitted a letter and is proposing a variance to add an addition to an accessory structure which exceeds the total square footage of land covered by the foundation of the principal structure by 20 square feet. City code 12-6-4 states that accessory buildings on a residential parcel with a lot area of five acres or less, but more than one acre, shall not exceed the total square footage of land covered by the foundation of the principal structure. The current principal structure is 1,920 square feet and the accessory structure after the addition will be 1,940 square feet. The variance request is to allow the accessory structure to exceed the principal structure by 20 square feet. The owner has executed a Contract for Deed to purchase 1.5 acres of neighboring vacant land in order to correct an encroachment issue. If they were to file the Contract for Deed now, then a variance would not be needed. However, the applicant has indicated the Contract for Deed and lot split cannot be recorded at this time due to the State/County requirement that all 2017 property tax be paid in full prior to the recording. Therefore, applicant indicated they cannot presently afford to record the Contract for Deed. The parties have stated they intend to record the contract and lot split in October 2017, after all property taxes for the year are certified and paid. At that time, there will be a recorded Contract for Deed that will result in a combined land area of 5.55 acres, allowing them to build the proposed 17x20 addition to the Dover Kennels office building. Review Criteria City Code 12-14-7 outlines criteria when considering a variance. Code states "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control. • A property owner resides in the R-1 district which tends to have larger lots and allows for larger accessory structures. • Property owner is in process of acquiring additional land that once complete will create a parcel that is 5.55 acres. • The property owner has 4.05 acres which only allows for accessory structures that do not exceed the foundation of the home. 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner. • The property was purchased originally in 1988 as 5 acres. Anoka County acquired .95 acres for Hanson Blvd ROW. The current applicant purchased the property in 2000. The current applicant is acquiring additional land through a Contract for Deed to meet the 5 acre requirement. • The building has existed since 1988 and is used for the same purpose and they now need additional space. 3. The variance, if granted, will not alter the essential character of the locality and will not alter the rural residential character. • This property is in a rural area that tends to have larger accessory structures. • Properties to the N and NE have accessory structures that appear to be larger than the foundation of the home. • The applicant is in the process of acquiring 1.5 additional acres. 4. Economic considerations alone do not constitute practical difficulties. • The applicant is in the process of acquiring 1.5 additional acres. • The applicant is spending additional funds for the addition. • The Contract for Deed and lot split cannot be recorded at this time due to the State/County requirement that all 2017 property tax be paid in full prior to recording. Andover Review Committee (ARC) Comments ARC reviewed the proposed variance request and had no comments pertaining to the request, as variances tend to follow policy decision based on set criteria identified in the ordinance. Public Comments No public comments where received as part of the public hearing process with the exception of the manager of the facility. The manager indicated the addition would provide additional storage and provide additional space as clients come and go from the facility. Planning and Zoning Commission Recommendation On May 24, 2017, the Planning and Zoning Commission held a public hearing. Meeting minutes are attached for your review. No formal comments were received. The Planning and Zoning Commission discussed how the proposal could avoid the variance if taxes are paid and the contract for deed is recorded. The applicant also could have the ability to remove 1 foot from the length of the building reducing the building size by the 20 feet, which would no longer require a variance. The Commissioners also noted the current owner acquired the property after the County acquired .95 acres from it. With the variance, not meeting all the criteria the Commission recommended to deny the request on a 3 to 1 vote (3 absent). ACTION REQUESTED The City Council is requested to consider the variance request and consider denial as outlined by the Planning and Zoning Commission. In the event, City Council considers moving forward with an approval for the request, attached is a resolution for approval. Attachments Resolutions of Approval and Denial Location Map Photo Location Map Photos Existing Contours, Floodplain, and Wetlands City Code 12-14-7 Draft Planning and Zoning Commission Meeting Minutes 05.24.17 Property Survey Re e fu s bmi ed, Joe anish Community Development Director Cc: Jill and Michael Huston, 16422 Hanson Boulevard NW, Andover, MN 55304 i � u •,,ate* t" -p: p,�, " ;�� F�� • r Illi -1+ � 't�ys� Lv. K , � I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES NO. A RESOLUTION DENYING THE VARIANCE REQUEST TO ADD AN ADDITION TO AN ACCESSORY STRUCTURE WHICH EXCEEDS THE TOTAL SQUARE FOOTAGE OF LAND COVERED BY THE FOUNDATION OF THE PRINCIPAL STRUCTURE, LOCATED AT 16422 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS: The property is legally described as the southerly 330 feet of the easterly 660 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota, Subject to easement of record. WHEREAS, Dover Kennels has requested a variance for an addition to an accessory structure which exceeds the total square footage of land covered by the foundation of the principal structure at the subject property by 20 square feet, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12-14-8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of City Code, and; WHEREAS, based on the criteria for granting a variance under City Code 12-14-713, the Planning and Zoning Commission finds the following findings of fact to support the denial of the variance requests: • The property owner has 4.05 acres which only allows for accessory structures that do not exceed the foundation of the home. • The applicant acquired the property with 4.05, after the County acquired the .95 acres. • If the applicant where to pay the property taxes the contract could be recorded and the parcel would then be large enough to allow for the proposed addition. • The applicant has the ability to lower the square footage by 20 feet and then the building would meet the zoning requirements. WHEREAS, The Planning and Zoning Commission recommends to the City Council to deny the variance request. 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 denies the 20 square foot variance at 16422 Hanson Boulevard NW. Adopted by the City Council of the City of Andover on this 6th day of June, 2017. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES NO. A RESOLUTION APPROVING THE VARIANCE REQUEST TO ADD AN ADDITION TO AN ACCESSORY STRUCTURE WHICH EXCEEDS THE TOTAL SQUARE FOOTAGE OF LAND COVERED BY THE FOUNDATION OF THE PRINCIPAL STRUCTURE, LOCATED AT 16422 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS: The property is legally described as the southerly 330 feet of the easterly 660 feet of the North Half of the Northeast Quarter of the Northeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota, Subject to easement of record. WHEREAS, Dover Kennels has requested a variance for an addition to an accessory structure which exceeds the total square footage of land covered by the foundation of the principal structure at the subject property by 20 square feet, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12-14-8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, based on the criteria for granting a variance under City Code 12-14-713; City Council finds the following findings of fact to support the approval of the variance requests: • A property owner resides in the R-1 district which tends to have larger lots and allows for larger accessory structures. • Property owner is in process of acquiring additional land that once complete will create a parcel that is 5.55 acres. • The property was purchased originally in 1988 as 5 acres. Anoka County acquired .95 acres for Hanson Blvd ROW. The current applicant purchased the property in 2000. The current applicant is acquiring additional land through a Contract for Deed to meet the 5 acre requirement. • The building has existed since 1988 and is used for the same purpose and they now need additional space. • The applicant is spending additional funds for the addition. WHEREAS, The Planning and Zoning Commission recommends to the City Council approval of the variance request. 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 20 square foot variance request at 16422 Hanson Boulevard NW. Adopted by the City Council of the City of Andover on this 6th day of June, 2017. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Julie Trude, Mayor Location Map leoas � , r� i PHOTO LOCATION MAP PHOTO A •K::. ,i Existing 2' Contours, Floodplain, and Wetlands w V 1 �t YI � � 4 1t C. Procedure: 1. Request For Conditional Use; Fee: The person applying for a Conditional Use Permit shall fill out and submit to the Community Development Director a request for Conditional Use Permit form together with a fee as set forth by ordinance. An additional fee as set forth by ordinance may be required for each meeting in excess of two (2), which is necessary because of incomplete information or changes in the petition. The Community Development Director shall refer the application to the Planning and Zoning Commission. (Amended Ord. 8,10-21-1970; amd. 2003 Code) 2. A public hearing shall be held in accordance with section 12-14-8. (Amended Ord. 314 10-4-2005) 3. City Council Action: After a completed application has been submitted, the City Council shall follow the deadline for response as outlined in State Statute 15.99. (Amended Ord. 314, 10-4-2005) 4. Amended Application: An Amended Conditional Use Permit application shall be administered in a manner similar to that required for a new conditional use permit; and the fee shall be as set forth by ordinance'. Amended conditional use permits shall include reapplications for permits that have been denied, requests for changes in conditions, and as otherwise described in this title. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 5. Reapplication After Denial: No application for a Conditional Use Permit shall be resubmitted for a period of one year from the date of said order of denial. 6. Hearing May Be Held: When a Conditional Use Permit may be of general interest to the community or to more than the adjoining owners, the Planning and Zoning Commission may hold a public hearing, and the Conditional Use Permit shall be reviewed with notice of said hearing published at least ten (10) days prior to the hearing. (Amended Ord. 314, 10-4-2005) D. Time Limit On Implementing Conditional Use: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. (Amended Ord. 8, 10-21-1970) * 12-14-7: VARIANCES: 1 See subsection 1-7-3H of this code. A. Variances Authorized: The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 407, 6-21-11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6-21-11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6-21-11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407,6-21-11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6-21-11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6-21-11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6-21-11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee asset forth by ordinance'. (Amended Ord. 407, 6-21-11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12-14-8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12-14-7. (Amended Ord. 407, 6-21-11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12-14-7. (Amended Ord. 407, 6-21-11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6-21-11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8,10-21-1970) I See subsection 1-7-31-1 of this code. Regular Andover Planning and Zoning Commission Meeting Minutes - May 24, 2017 Page 2 Commissioner Nemeth requested the following corrections to the May 9, 2017, Planning and Zoning Commission Regular Meeting: -Page 5, line 29, strike the entire sentence: "The Commissioners did not have any questions of staff." -Page 6, line 1, remove -Page 6, line 22, replace "CPA" with "Comprehensive Plan Amendment (CPA)" Page 6, line 28, insert a comma after "2016" -Page 6, line 29, replace "Comprehensive Plan amendment" with "CPA" -Page 6, line 40-41, replace "rural reserve area" with "Rural Reserve District (RRD)" -Page 6, line 42, add "Motion by Peterson, seconded by Hudson, to open the public hearing at 8:42 p.m. Motion carried on a 5 -ayes, 0 -nays, 2 -absent vote (Cleven and Daninger)." -Page 7, line 4, replace "open" with "close" -Page 7, line 4, replace "8:43 p.m." with "8:44 p.m." -Page 7, line 15, replace "easements can be one of the tools" with "easements, that can be" -Page 7, line 31, replace "rural reserve" with "Rural Reserve District" -Page 7, line 36, insert a comma after "however" -Page 7, line 36, replace "planning" with "Planning" -Page 7, line 37, replace "commission" with "Commission" DRAFT -Page 7, line 37, replace "city council" with "City Council" -Page 7, line 43, insert "District" after "Reserve" -Page 8, line 21, replace "adherence" with "violations" Motion by Nemeth, seconded by Peterson, to approve the minutes as amended. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). PUBLIC HEARING: Variance - Addition to Accessory Structure - 16422 Hanson Blvd. NW -Dover Kennels. Associate Planner Krumwiede reviewed the variance request submitted by Jill and Michael Huston, 16422 Hanson Boulevard NW, for an addition to an accessory structure that exceeds the allowable total square footage of land covered by the foundation of the principal structure. He stated this property currently has a Conditional Use Permit (CUP) to operate a dog kennel, which was approved in 1988. Mr. Krumwiede stated the variance is required as the accessory structure with the proposed addition would exceed 20 square feet, for a total of 1940 square feet. He added the applicants have executed an agreement to purchase 1.5 acres of adjacent vacant property to address an encroachment issue. Mr. Krumwiede stated the variance is required as the Contract for Deed has not been completed. He added that 2017 property taxes must be paid in full prior to recording the Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 3 Contract for Deed by State statute, but the applicant is unable to pay the balance of 2017 property taxes and record the Contract for Deed until October 2017. Mr. Krumwiede stated the variance request approval requires that there are no practical difficulties with compliance. He added the applicant must establish that the property will be used in a reasonable manner; any unique circumstances were not created by the landowner; the variance, if granted, will not alter the character of the area, nor alter the rural residential character; and there are economic considerations. Mr. Krumwiede stated the recommendation of the Planning and Zoning Commission will be reviewed by the City Council at their June 6, 2017, Regular Meeting. Commissioner Peterson asked whether the applicant would need a variance if the proposed addition was smaller. Mr. Krumwiede stated the applicant would not need a variance if it was 20 square feet smaller. Commissioner Nemeth asked whether the proposed addition will be on the front of the accessory structure, and what the addition will look like. Mr. Krumwiede confirmed the proposed addition will be added to the front of the accessory structure and showed photos of the existing structure. DRAFT Commissioner Nemeth asked whether the existing buildings are located a sufficient distance from the flood plain. City Planner Hanson confirmed this. Motion by Nemeth, seconded by Sims, to open the public hearing at 7:17 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Mark Anderson, Dover Kennels, stated he is the operations manager for the applicants. He added the proposed addition will be an extension of the current accessory structure, and it will be designed and built by a licensed contractor to match the look of the house. Mr. Anderson stated the additional storage and a larger reception area will allow Dover Kennels to provide more space for customers and their dogs. He added this will be very beneficial for their business. He noted the applicant hopes to create a fully functional workspace, as the current buildings were built over the course of several decades by the previous owner and are not well planned. Mr. Anderson stated the applicant is allowed by Statute to close the contract in October 2017. He added the property itself will not change, but the proposed addition to Dover Kennels will be a better place for employees, customers and pets. Community Development Director Janish stated that Anoka County acquired a portion of this property, .95 acres, for right-of-way before the applicants purchased the property. The property, at one time, was 5 acres in size. Chairperson Daninger stated the acquisition of land by the County could be considered a hardship. Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 4 Commissioner Peterson asked why the applicant wants to wait until October 2017 to record the Deed for Contract. Mr. Anderson stated property taxes are certifiable twice per year, in May and in October. He added it would be financially difficult for the applicants to make the two property tax payments so close together. He noted the adjacent property would be affected by this as well. Motion by Sims, seconded by Nemeth, to close the public hearing at 7:27 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Kleven, Hudson, Koehler). Motion by Nemeth to recommend approval of Res. No. _, variance request for an addition to an accessory structure that exceeds the total square footage land covered by the foundation of the principal structure by 20 square feet, for Jill and Michael Huston, 16422 Hanson Boulevard NW. The motion failed for lack of a second. Commissioner Peterson stated City Code is generally restrictive with these types of variances and the staff report includes a list of 4 criteria for consideration. He added he has questions about the second and fourth criteria as outlined in the staff report: the second criterion relates to circumstances unique to the property; and the fourth criterion relates to economic considerations. He noted Anoka County acquired land for a right-of- way, but it is unclear exactly when that happened. He noted he has questions about proving economic hardship. AFT Commissioner Sims agreed, adding these criteria do not meet the threshold of what is required for a variance. Chairperson Daninger stated he concurs with Commissioners Peterson and Sims. Motion by Peterson, and seconded by Sims, to recommend denial of the variance request for an addition to an accessory structure for Jill and Michael Huston, 16422 Hanson Boulevard NW, based on the second and fourth variance criteria as outlined in the staff report, related to unique property circumstances; and, economic considerations. Motion to deny carried on a 3 -ayes, 1 -nay (Nemeth), 3 -absent vote (Kleven, Hudson, Koehler). Mr. Krumwiede stated that this item would be reviewed by the City Council at their June 6, 2017, Regular Meeting. PUBLIC HEARING: Conditional Use Permit —Massage Therapy Home Occupation — 15824 Olive St. NW —Lisa Scholl. City Planner Hanson reviewed the request of Lisa Scholl, 15824 Olive Street NW, for a Conditional Use Permit (CUP) for an in-home massage therapy business. Therapeutic MINOR SUBDIVISION FOR: JEFF BERGERON NORTH LINE OF THE NEI/4 OF SEc. 15. T.32. N.24 7:PARCEI-{r -PIM 15 •SZ-2y-ri-oaoZ Existing Property eescrlprlon - 16474 Hansen Blvd. NW (Per County ]§x Asaessorl The NIy2 Of the N£1/4 of the 10£1/4 of Section ter Township 72, Range 24, q� ka County, Minnesota, except the southerly jab feet Gf the easterly 660 Feet and except road. Suggested Revised Property OOc,,I tlon - 16474 Hanson Blvd. NW (After Split) AnOR Coun ty, tMlnnaeo taf tAYYt^&N£1/4Mfendew st/of or eesou to j3b.0Peet lor3tireRa^st 24, 796.0 feet and west of AND A COUNTY HIGHWAY RIGHT-OF-WAY PLAT M. 27. ea SCALE IN FEET SCALE, I INCH = 100 FEET mimmimmmmm 0 100 200 BEARINGS SHOWN ARE ASSUMED #16474 12.36 Acres (after split) - NORTH LINE OF THE SOUTH 330. OF ME NEI/4 OF THE NEI/4 s 68.46.08^E 733.06 KURTH SURVRTING. INC. 9 J6PaanaaN wt. a.i. ..C. rteaxaieua as eeul n Vn1 tea... P{IRLEL-8- PILI IS-31-24-II-C76oL4 Existing Progrty Descrlptlon - )6422 Hanson Blvd. NW (Par County Tax Assessor) The southerly 30 feet of the easterly 660 feet of she Range 24, Anake C.daty the 106114 at nedTownsh 1p 32, #16422 4.05 Acres (existing) SW Orad Revised Property Description - 16422 Hanson Blvd. NW u (A [taming split Parcel) That pare of the sou enemyffgg30.0 leer of the ..Orerly 790.0 teat Roame241/Anoka CountYl/4Mlnnesota, i14 at lying westlon of ANOKA CnaAlp 321 HIGHWAY 24k Anoka PLAT N0. 27 O(/N'!Y 190.02 -I-METAL SHED 535.06 N 68'46,6^W 1103.75 SOUTH LINE OF THE NI/2 OF THE NEI/4 OF MC NEI/4.or SEc. 15, T.32, R.24 NOTE, THIS IS NOT A TOTAL BOUNDARY SURVEY. NO LOCATION OF BUILDINGS IMPROVEMENT$ EASEMENTS, ENCROACHMENTS OR OTHER BOUNDARY CORNERS OTHER THAN THOSE SHOWN HEREON. IULlaa-.I RASO- b)v- nhJ ATTACHMENT A LEGAL DESCRIPTIONS - 125.01 125, 196.02 • DENOTES IRON PIPE MONUMENT POUND C DENOTES 1/2e IRON PIPE MARKED LLS Rdy �F}RCEL G DENOTES CAST IRON MONNM£NT / o SPLIT i�I}RC Er C"ryy�y M o Proposed Property Oeacrl tion - Sp If Parcel tro Bo Attachod to /64p2 Hannan Bl.d.) PAIS CEL feat o The south 730.0 feetf the west 196.0 Nf the east 7 6.0 feet of the NI/2 of the 1 the o EI/4 NEI/4 of the 15, Tnwnshlp 32, Range 24, Anoka County, Allnneao to. z 1.5£0 Acres W` Y 450.67 KURTH SURVRTING. INC. 9 J6PaanaaN wt. a.i. ..C. rteaxaieua as eeul n Vn1 tea... P{IRLEL-8- PILI IS-31-24-II-C76oL4 Existing Progrty Descrlptlon - )6422 Hanson Blvd. NW (Par County Tax Assessor) The southerly 30 feet of the easterly 660 feet of she Range 24, Anake C.daty the 106114 at nedTownsh 1p 32, #16422 4.05 Acres (existing) SW Orad Revised Property Description - 16422 Hanson Blvd. NW u (A [taming split Parcel) That pare of the sou enemyffgg30.0 leer of the ..Orerly 790.0 teat Roame241/Anoka CountYl/4Mlnnesota, i14 at lying westlon of ANOKA CnaAlp 321 HIGHWAY 24k Anoka PLAT N0. 27 O(/N'!Y 190.02 -I-METAL SHED 535.06 N 68'46,6^W 1103.75 SOUTH LINE OF THE NI/2 OF THE NEI/4 OF MC NEI/4.or SEc. 15, T.32, R.24 NOTE, THIS IS NOT A TOTAL BOUNDARY SURVEY. NO LOCATION OF BUILDINGS IMPROVEMENT$ EASEMENTS, ENCROACHMENTS OR OTHER BOUNDARY CORNERS OTHER THAN THOSE SHOWN HEREON. IULlaa-.I RASO- b)v- nhJ ATTACHMENT A LEGAL DESCRIPTIONS - 125.01 125, I • DENOTES IRON PIPE MONUMENT POUND C DENOTES 1/2e IRON PIPE MARKED LLS Rdy 0 DENOTES 40d SPIKE SET DENOTES CAST IRON MONNM£NT . • tw- ON 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Joe Janish, Community Developm t irecto4 FROM: Stephanie L. Hanson, City Planner SUBJECT: Conditional Use Permit (CUP) - In Home Therapeutic Massage Therapy - 15824 Olive St NW - Lisa Scholl DATE: June 6, 2017 INTRODUCTION The applicant is seeking a CUP for an in-home massage therapy business. Therapeutic massage is permitted as a conditional use in an R-4 Single Family -Urban zoned district as a Home Occupation. DISCUSSION The applicant has been a Certified Massage Therapist for 14 years. No more than 3 clients will be taken each day. The proposed massage area will be located in the lower level and will require no physical changes to the interior or exterior. Clients will enter and leave through the front door. There will be no outdoor space used. Days and Hours of Operation Hours and days of operation will vary. There will be no more than three (3) clients per day; however, no clients will be on the premises before 7:00 am or after 10:00 pm. Traffic Due to the small number of clients as well as the appointment -based nature of the business, Olive St NW will only receive a minimal increase in traffic and will not adversely affect the surrounding roadways. Parking City Code 12-13-8 specifies the number of parking spaces required for various uses. Being that the proposed space to be used for in-home therapeutic massage is also a single family home, they are considered one entity. Single Family Residential has a requirement of 2 spaces in addition to the required garage. The clients will park in the driveway of the home. Review Criteria 12-14-6 B: Criteria for Granting Conditional Use Permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic view in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. Planning and Zoning Commission Recommendation On May 24 2017, the Planning and Zoning Commission held a public hearing regarding the CUP request in which there was no public input. A draft of the meeting minutes have been attached for your review. The Commission recommended approval on a 4-0 (3 absent) vote with the addition of Condition #4 There shall be no more than five (5) clients per day. The Commission discussed the following items: • Ensuring parking requirements are met • Discussions limiting the number of clients per day ACTION REQUESTED The City Council is asked to review the CUP request and consider the recommendation of approval by the Planning and Zoning Commission. Attachments Resolution Location Map Photos of Site Applicant's Letter Draft May 24, 2017 PZ Meeting Minutes City Code 12-9, Home Occupations City Code 3-6, Massage Businesses and Services Respectfull b ' ed, Stephanie L. Hanson Andover City Planner Cc: Lisa Scholl, 15824 Olive Street NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR ON-SITE IN-HOME THERAPUETIC MASSAGE SERVICES ON PROPERTY LOCATED AT 15824 OLIVE STREET NW LEGALLY DESCRIBED AS FOLLOWS: LOT 3, BLOCK 1, MILLER'S WOODS 2ND ADDITION, ANDOVER MN WHEREAS, the applicant has requested approval of a conditional use permit for on-site therapeutic massage services on the subject property; and WHEREAS, the Planning and Zoning Commission held a public hearing pursuant to City Code; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of this request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning and Zoning Commission and hereby approves the conditional use permit for off-site therapeutic massage services subject to the following conditions: 1. All aspects of the home occupation shall conform to the requirements of City Code Title 3, Chapter 6 Massage Businesses and Services. 2. A parking space for clients shall be established in the driveway of the residence. 3. Hours of operation shall be daily from 7:00 a.m. —10:00 p.m. 4. There shall be no more than five (5) clients per day. Adopted by the City Council of the City of Andover on this 6th day of June, 2017. ATTEST: Michelle Harmer, Deputy City Clerk Julie Trude, Mayor 16093 16063 O,, E R 1177 16124 1055 971 16119 T608.2 �Q 16066 16090 034 16050 03 1127,-16i"ri9115991 16060 VA Andover General Mapping Map 16147 16150 � 741 643 621 1 557 1 545 890 15890 0 15845 15850 a15810 ` 921 887 15762 15726 Date Created: May 19, 2017 Disclaimer: The provider makes no representation or warranties with respect to the reuse of this data. .:i 16019 159° 15929 556 512 525 574 1524 724 01 15745 692 668 644 m r �3 719 677 629 546a0 0 0i co 0 U0 07 Z rA Applicant's Letter May 8 , 2017 City of Andover Planning Division 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Sir or Madam, I am requesting a permit to operate a home therapeutic massage business at 15824 Olive St NW (Miller's Woods). I have been a Certified Massage Therapist since 2003. My licensed therapeutic massage business will be located in the lower level, in a room 13'x16'. The room has adequate facilities for restroom and changing. The room also has a closet with shelves for storing supplies in an acceptable way. All clients will enter through the front door of the primary residence and will exit in the same manner. Hours of operation will be varying days and times, however no clients will be on the premises before 7:OOam or after 10:00pm any day. There will be no more than one client on the premises at anyone time. No more than 3 clients will betaken per day. Adequate off street parking is available in the three car driveway. I will be the only licensed therapist on the premises and will be the only employee on site. My plan is to run a small family and friends based therapeutic massage business. I will not be advertising publicly. Please contact me with further questions at 612-845-5992 or lisascholl _ comcast.net Sincerely, Lisa Scholl Certified Massage Therapist Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 DRAFT Page 4 Commissioner Peterson asked why the applicant wants to wait until October 2017 to record the Deed for Contract. Mr. Anderson stated property taxes are certifiable twice per year, in May and in October. He added it would be financially difficult for the applicants to make the two property tax payments so close together. He noted the adjacent property would be affected by this as well. Motion by Sims, seconded by Nemeth, to close the public hearing at 7:27 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Kleven, Hudson, Koehler). Motion by Nemeth to recommend approval of Res. No. . variance request for an addition to an accessory structure that exceeds the total square footage land covered by the foundation of the principal structure by 20 square feet, for Jill and Michael Huston, 16422 Hanson Boulevard NW. The motion failed for lack of a second. Commissioner Peterson stated City Code is generally restrictive with these types of variances and the staff report includes a list of 4 criteria for consideration. He added he has questions about the second and fourth criteria as outlined in the staff report: the second criterion relates to circumstances unique to the property; and the fourth criterion relates to economic considerations. He noted Anoka County acquired land for a right-of- way, but it is unclear exactly when that happened. He noted he has questions about proving economic hardship. Commissioner Sims agreed, adding these criteria do not meet the threshold of what is required for a variance. Chairperson Daninger stated he concurs with Commissioners Peterson and Sims. Motion by Peterson, and seconded by Sims, to recommend denial of the variance request for an addition to an accessory structure for Jill and Michael Huston, 16422 Hanson Boulevard NW, based on the second and fourth variance criteria as outlined in the staff report, related to unique property circumstances; and, economic considerations. Motion to deny carried on a 3 -ayes, 1 -nay (Nemeth), 3 -absent vote (Kleven, Hudson, Koehler). Mr. Krumwiede stated that this item would be reviewed by the City Council at their June 6, 2017, Regular Meeting. F BLICHEARING: Conditional Use Permit —Massage Therapy Home Occupation — 824 Olive St. NW —Lisa Scholl. City Planner Hanson reviewed the request of Lisa Scholl, 15824 Olive Street NW, for a Conditional Use Permit (CUP) for an in-home massage therapy business. Therapeutic Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes —May 24, 2017 Page 5 massage is a permitted Home Occupation as a conditional use in an R-4 Single Family - Urban zoned district. Ms. Hanson stated the applicant has been certified as a massage therapist for 14 years. She added the proposed home massage therapy business will be in the basement of her home, with access through the front door, and parking in the driveway. She noted no more than three clients will be scheduled per day, between the hours of 7:00 a.m. and after 10:00 p.m. Ms. Hanson stated, in reviewing this case, the Commissioners should consider whether the proposed home occupation would affect the health, safety and general welfare of the neighborhood, traffic conditions, or property values. She noted City Staff have drafted a Resolution with recommended conditions for the Commission's review and comment. Commissioner Nemeth stated a massage therapy business is not a permitted home occupation under City Code. Ms. Hanson stated it is permitted as a conditional use in the R-4 Single Family -Urban District as a home occupation, and a CUP is required for this reason. Councilmember Nemeth stated the applicant has indicated she will not schedule more than three clients per day. He asked whether on -street parking, if necessary, is allowed by City Code. Ms. Hanson stated all home occupation -related parking must be contained on the property, and in this case, in the driveway. Motion by Sims, seconded by Peterson, to open the public hearing at 7:38 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Kleven, Hudson, Koehler). Lisa Scholl, 15824 Olive Street, stated she is the applicant. Commissioner Nemeth asked whether Ms. Scholl would stagger her schedule so that there is never more than 1 client on the property at the same time. Ms. Scholl confirmed this, adding it will not be a daily business as she intends to schedule 10-12 clients per month, and three clients in one day would not happen very often. She noted she needs to plan to leave some changeover time in her schedule between clients. Motion by Peterson, seconded by Nemeth, to close the public hearing at 7:40 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Commissioner Nemeth asked whether the CUP remains with the property if it is sold. Ms. Hanson confirmed the CUP runs with the property, but if the property were to be sold and another massage therapy business were to be proposed, the new owner would be required to obtain City Council approval and be fully licensed. She added the CUP requirements would be the same. Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — May 24, 2017 Page 6 Commissioner Nemeth expressed concern that a bigger business with more customers could cause disruption to the neighborhood. Ms. Hanson stated a condition could be added to the Resolution that would restrict the number of allowable daily clients. Motion by Peterson to recommend approval of Res. No. _, the request for a Conditional Use Permit (CUP) for an in-home massage therapy business for Lisa Scholl, 15824 Olive Street NW. Motion failed for lack of a second. Commissioner Sims stated he supports the addition of a condition to the resolution that would restrict the number of allowable clients per day. Commissioner Nemeth stated the applicant referred to three daily clients in her application. He reiterated his concern that a property owner in the future might want to have a bigger business, and as the CUP stays with the property, it would be prudent to add a restriction on the number of allowable daily clients. He noted, however, he is unsure whether three daily clients would be the appropriate number. Commissioner Peterson stated three daily clients might be too restrictive. He added there would not be a noticeable difference in neighborhood traffic if there are 3-5 daily clients. Chairperson Daninger stated he agrees that five daily clients might be an acceptable compromise. Motion by Nemeth, seconded by Sims, to recommend approval of Res. No. _, request for a Conditional Use Permit (CUP) for an in-home massage therapy business for Lisa Scholl, 15824 Olive Street NW, with the addition of the following condition to the Resolution: 4. No more than five clients per day will be scheduled. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Ms. Hanson stated this application will be reviewed by the City Council at their June 6, 2017, Regular Meeting. PUBLIC HEARING: Conditional Use Permit —Exterior Storage — 30I7 16ls` Ave. NW— Eric Hicks Community Development Director Janish reviewed a request for a Conditional Use Permit (CUP) for Eric Hicks, 3017 161St Avenue NW, to add exterior storage related to their business, Upper Midwest Athletic Construction. This business is currently located in Ramsey, but Mr. Hicks wants to move it to Andover. CHAPTER 9 HOME OCCUPATIONS SECTION: City Code 12-9 Home Occupations 12-9-1: Purpose 12-9- 2: Permitted Home Occupations; Location Restrictions 12-9- 3: Home Occupations In Accessory structures 12-9- 4: Nonconforming Home Occupations 12-9- 5: Conditional Use Permits 12-9- 6: Special Home Occupation Permits 12-9- 7: Inspections 12-9- 8: In -Home Beauty Salons and Barbershops 12-9- 9: Vested Rights 12-9-10: Suspension Or Revocation Of Conditional Use Permit 12-9-11: Illegal Home Occupations; Penalty 12-9-1: PURPOSE: The purpose of this chapter is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this chapter is intended to provide a mechanism enabling the distinction between permitted home occupations and nonconforming or customarily more sensitive home occupations, so that nonconforming home occupations may be allowed through an administrative process rather than a legislative hearing process. (Amended Ord. 8, 10-21-1970) 12-9-2: PERMITTED HOME OCCUPATIONS; LOCATION RESTRICTIONS: All home occupations that conform to all of the following provisions maybe conducted entirely within the principal structure. Home occupations shall not be conducted in a garage or accessory building unless the property owner has obtained a Conditional Use Permit as stated in Section 12-9-3 of this chapter or has obtained a Special Home Occupation Permit as stated in Section 12-9-4.of this chapter. Home occupations may be conducted by an individual who resides on. the property and uses the residence as a primary address for legal purposes. (Amended Ord. 431, 10-15-13) A. Permitted'Home Occupations Enumerated: Permitted home occupations include, and are limited to: art or photo studio, dressmaking, secretarial services, professional offices, repair services, or teaching services limited to three (3) students at any one time and similar uses. B. Number Of Employees: The number of employees shall be limited to one person on site in. addition to family members. (Amended Ord. 8, 10- 21-1970) C. Amount Of Building Space Used: The area within the principal structure used by the home occupation shall not exceed twenty percent (20%) of the dwelling's livable floor area. Basements may be included if they meet all State Building Code requirements. (Amended. Ord. 8, 10-21-1970; amd. 2003 Code) D. On Site Sales: On site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling. F. Vehicles: Vehicles associated with a home occupation shall be regulated as stated in Title 12, Chapter 13, Performance Standards and in Title 6, Motor Vehicle and Traffic. (Amended Ord. 392, 5/18/10) G. Signs: Signs shall be regulated as stated in Title 12, Chapter 15. i H. Performance Standards: No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. Supervision: The home occupation shall be conducted by at least one member of the family who resides in the dwelling unit. J. Building And Safety Requirements: The home occupation shall meet all applicable fire.and building codes. (Amended Ord. 8, 10-21-1970) 12-9-3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES A. Conditional Use Permit Required: A Conditional Use Permit shall be required for the following home occupations that are located in an accessory structure or detached garage and/or require exterior storage: 1. Cabinet-making. 2. Woodworking. 3. Repair services, 4. Similar uses as those stated in Subsections Al through A3 of this section. B. Conditions Of Permit: These home occupations shall be subject to the following conditions: 1. Lot Size: The size of the lot or parcel of land shall be three (3) acres or larger. 2. Area Of Use: The combined square footage of the accessory structure and/or outside storage area utilized by the home occupation shall not exceed eight hundred (800) square feet. 3. Setbacks: Setbacks of the accessory building and outside storage area shall be of a magnitude found necessary by the city, but in no case shall there be less than a one hundred foot (100) front yard setback, thirty foot (30') side yard setback and fifty foot (50') rear yard setback or as required in Section 12-374 of this title. 4. Storage Restrictions: The outside storage area and all commercial vehicles, materials and equipment for the business being stored on site shall be fenced, landscaped and screened in such a manner as to prevent them from being visible at any time of the year from road rights-of-way, public properties and surrounding properties. (Amended Ord. 314 10-4- 2005) 5. Other Requirements: All provisions in Section 12-9-2 of this chapter. (Amended Ord. 8, 10-21-1970) 6. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 314 10-4-2005) 12-9-4: NONCONFORMING HOME OCCUPATIONS: Properties that had nonconforming home occupations prior to the adoption of this title (May 15, 1990) were given an opportunity to apply for a Special Home Occupation Permit. Those that were granted a permit are on file with the Department of Community Development and may continue to operate. However, they shall not increase in extent, number, volume, or scope from any of the information stated in the permit, or the permit will be subject to revocation. (Amended Ord. 314 10-4-2005) 12-9-5: CONDITIONAL USE PERMITS: Conditional Use Permits granted in Section 12-9-3 of this chapter shall follow the criteria established in Section 12- 14-6 of this title. These permits shall be valid for one year from the date of issuance (unless otherwise specified in the resolution for approval) and thereafter shall be automatically renewed each year unless objections or complaints are received or the conditions of the permit are not adhered to. (Amended Ord. 8, 10- 21-1970) 12-9-6: SPECIAL HOME OCCUPATION PERMITS: A. Temporary Permits: Nonconforming Home Occupation permits granted by Section 12-9-4 of this chapter shall be temporary in nature, and shall be granted to a designated person who resides at the address where the home occupation is being conducted. (Amended Ord. 314, 10-4-2005) B. Non -transferability Of Permit: These permits shall not run with the land and shall not be transferable. C. Renewal Of Permit: Special Home Occupation Permits shall be automatically renewed each year unless objections or complaints are received, or conditions of the permit are not adhered to. D. Termination Of Permit: If the Special Home Occupation Permit holder expires or moves to a new location, the existing permit shall automatically terminate. In the case of death or other separation, the family member(s) remaining at the same address may continue the home occupation if written notice is given to the Department of Community Development and authorization for the continuation of the permit is given with Council approval. (Amended Ord. 314 10-4-05) 12-9-7: INSPECTIONS: There may be one annual inspection each year made by the City Administrator or Administrator's designee of the property covered by a Conditional Use Permit or Special Home Occupation Permit. In addition, the City Administrator or the Administrator's designee shall, upon reasonable request, enter and inspect the premises covered by said permit for compliance purposes. (Amended Ord. 8, 10-21-1970) 12-9-8: IN HOME BEAUTY SALONS AND BARBERSHOPS: In home beauty salons/barbershops shall be subject to the following: A. Compliance with Title 3, Chapter 6 of the City Code. B. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time of the request for the ConditionalUse Permit. C. Compliance With State Requirements: The salon/shop must comply with the State Cosmetology Board and the State Barbers Board requirements. D. Number of Chairs: One chair salon/barber only. E. Hours of Operation: The hours of operation shall be approved by the City Council. F. Parking: Parking requirements shall be as set out in section 12-13-10 of this title. G. Non-sewered Areas: In non-sewered areas, the septic system shall be in compliance with Title 10, Chapter 4 of this code. A beauty shop/barber shop shall be considered the equivalent to one bedroom in terms of usage under Title 10, Chapter 4 of this code. H. Termination of Use Upon Sale of Property: Upon sale of the premises for Which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 8, 10-21-1970, Ord. 314 10-4-2005) 12-9-9: VESTED RIGHTS: No home occupation allowed by Conditional Use Permit or Special Home Occupation Permit shall confer upon any person or to the benefit of any property owner any vested right. Rather, the use shall remain subject to all conditions of the permit as established_ by the city. The city may find it necessary from time to time to review the conditions of the permit as they relate to the provisions of the general welfare of the community. (Amended. Ord. 8, 10-21-1970) 12-9-10: SUSPENSION OR REVOCATION OF CONDITIONAL USE PERMIT: When the City Council determines that the public interest so requires, it may revoke or suspend the Conditional Use Permit of a home occupation when it finds, after due investigation and a public hearing, that: A. The permit holder, or any of his or her employees, has concealed the receipt of stolen property or has knowingly received stolen property. B. The permit holder has not complied with the provisions of law applicable to the premises, equipment or operation of the home occupation. C. The permit holder has obtained a permit.through fraud or misstatement. D. The home occupation or activity is being conducted in a manner found to be detrimental to the health, safety, or general welfare of the public or is a nuisance, or is being operated or carried on in an unlawful manner. E. The home occupation has not been operating or in business for a period of six (6) consecutive months. (Amended Ord. 8, 10-21-1970) 12-9-11: ILLEGAL HOME OCCUPATIONS; PENALTY: All home occupations that are being conducted in violation of this chapter are illegal. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as defined by state law. (Amended Ord. 8, 10-21-1970) 12-9-12: FARM WINERIES: The following provisions shall apply to all farm wineries that are considered home occupations under the Conditional Use Permit process: A. Farm wineries which shall be allowed on 2'/z acre or larger parcels in the R-1, R-2 and R-3 Zoning Districts. B. Farm Wineries shall follow the standard building setbacks for the . applicable Zoning District. C. Whether conducted in a principal or accessory structure, a farm winery shall not be operated as a retail store (i.e. no retail displays will be allowed). D. Farm wineries shall be allowed only six on-site customer sales per day. All other sales will need to be made by the internet/telephone and mailed or shipped to the buyer. E. Farm wineries shall be subject to production limits on the amount of wine produced on-site each year, as specified in the Conditional Use Permit. Other Requirements including but not limited to: All provisions of Section 12-9-2 and 12-9-7 of this chapter. G. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amd. 2/:20/07, Ord. 339) City Code 3-6 Massage Businesses and Services CHAPTER MASSAGE BUSINESSES AND SERVICES SECTION: 3-6-1: Purpose 3-6-2: Findings 3-6-3: Definitions 3-6-4: Licenses Required; Exceptions 3-6-5: Applications For Licenses: Issuance Or Denial 3-6-6: Manager Required 3-6-7: Licensee Rules, Regulations And Restrictions 3-6-8: Off Site Massage Services 3-6-9: Building Requirements 3-6-10: Grounds For Denial, Revocation Or Suspension Of Licenses 3-6-11: Violations; Penalties 3-6-1: PURPOSE: The purpose of this chapter is to prohibit massage businesses and services to the public except those licensed as therapeutic massage establishments and therapeutic massage therapists pursuant to this chapter. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health, safety and the general welfare of the people of the city. The purpose of this chapter is not intended to impose restrictions or limitations on the freedom of protected speech or expression. (Amended Ord. 110, 8-1-1995) 3-6-2: FINDINGS: It is hereby found, for the following reasons, that within the city there is a need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: (Amended Ord. 110, 8-1-1995; amd. 2003 Code) A. Persons who have a bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. B. Health and sanitation regulations governing therapeutic massage establishments and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. C. License qualifications for and restrictions on therapeutic massage establishments and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. D. Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. E. Massage businesses that employ persons with no specialized and standardized training can tax city law enforcement services because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. (Amended Ord. 110, 8-1-1995) 3-6-3: DEFINITIONS: The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: CLEAN: The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. GOOD REPAIR: Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good, sound condition. MASSAGE THERAPIST: A person Who practices or performs -therapeutic massage on a person for compensation and meets the licensing requirements set forth in this chapter. OFF-SITE THERAPEUTIC MASSAGE SERVICES: Massage services conducted away from a licensed massage establishment. Such off-site massage service locations shall include, but not limited to, businesses and private homes. ON-SITE THERAPEUTIC MASSAGE SERVICES: Massage services conducted at a licensed massage establishment. Such on-site massage service locations shall include, but not be limited to, businesses and private homes. PERSON: Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals. THERAPEUTIC MASSAGE: The practice of applying pressure on, or friction against, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of a mechanical or electrical apparatus, appliance, or device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or oth&sim lar preparation, for the exclusive purpose of tension, stress, and pain relief, relaxation, increased range of motion, muscle tone improvement, physical. fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above described professionals, or beautician and barber who confine their treatments to the scalp, face, and neck. THERAPEUTIC MASSAGE ESTABLISHMENT: An establishment in which the business of providing therapeutic massage services (on-site and off-site) to the public is carried on. (Amended Ord. 110, 8-1-1995; amd. 2003 Code) 3-6-4: LICENSES REQUIRED; EXCEPTIONS: A. Therapeutic Massage Establishment License: It shall be unlawful for any person to directly or indirectly, upon any pretense or by any device, engage in the business of keeping, conducting, or operating any massage establishment within the city, which is open to the public or for which any charge or fee is made, or any money or thing of value is solicited or received, except a "therapeutic massage establishment" as defined in Section 3-6-3 of this chapter, and then only after first obtaining a duly issued license therefore from the city. A person who operates an establishment described in this chapter without a valid license issued the city shall be guilty of a misdemeanor offense. B. Therapeutic Massage Therapist License: It shall be unlawful for any individual to practice, administer, or provide massage services to the public for consideration within the city without first having obtained a Therapeutic Massage Therapist license. A person who practices, administers, or provides massage services as described in this chapter without a valid license issued by the city shall be guilty of a misdemeanor offense. C. Exceptions: A therapeutic massage establishment or therapist license is not required for the following persons and places: 1. A health care facility licensed by the State of Minnesota. 2. A health care facility owned in whole or in part by the State of Minnesota or any,of itsagencies. 3. A medical clinic or hospital, so long as the massage is performed by a state licensed physician, chiropractor, osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above described professionals. 4. A physical therapy clinic or athletic facility, so long as the massage is performed by a state licensed physical therapist, athletic director, coach or trainer. 5. A beauty parlor or barbershop located in a commercial or industrial district, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the following: a. Scalp, face, neck and shoulders, associated with a scalp massage. b. Hands to elbows, associated with a manicure. c. Feet to knees, associated with a pedicure. (Amended Ord. 110, 8-1-1995) 3-6-5: APPLICATIONS FOR LICENSES; ISSUANCE OR DENIAL: A. Therapeutic Massage Establishment: 1. Form: An application for a therapeutic massage establishment license shall be made on a form supplied by the city. (Amended Ord. 110, 8-1- 1995) r 2. Initial License: All initial applications shall be accompanied by a non- returnable investigation fee in the amount as set forth by ordinance 1 . Each application shall contain: (Amended Ord. 110, 8-1-1995; amd. 2003 Code) a. The names, addresses, and dates of birth of the owners, lessees, operators, and massage therapists of the proposed therapeutic massage establishment. b. A legal description and location of the premises. C. Information as to the conviction of any crime or offense committed by anyone listed on the application. d. All applications by corporations shall include the names, addresses, and dates of birth of all personsryhaving a beneficial interest therein. e. A description of services to be provided. f. Such other information as the City Council may require. 3. Insurance: Each applicant for a license shall file with the city a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation, or maintenance of the therapeutic massage establishment. The policy of insurance shall be in limits of not less than five hundred thousand dollars ($500,000.00). Failure to keep in full force and effect the insurance required herein is grounds for revocation. 4. Investigation Of Applicant: Prior to consideration of the application by the City Council, an investigation shall be made by the Code Enforcement Officer and the Building Official to determine compliance with this chapter of all premises proposed to be licensed, and by the County Sheriff's Department of all persons listed on the license application. (Amended Ord. 110, 8-1-1995) 5. Expiration Of License; Renewals: Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set forth by ordinancel. For a renewal, the applicant must provide full information, as required for the initial licenses, for any new owners, lessees, operators, or massage therapists proposed to be involved in the massage business, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lessee, operator, or See subsection 1-7-3A of this code. See subsection 1-7-3A of this code. massage therapist. The Code Enforcement Officer, Building Official, and/or County Sheriff's Department may conduct an investigation prior to any renewal. B. Therapeutic Massage Therapist: 1. Form; Age Restriction: An application for a therapeutic massage therapist license shall be made on a form supplied by the city. All applicants shall be at least eighteen (18) years of age. 2. Initial License: All initial applications shall be accompanied by a non -returnable investigation fee in the amount as set forth by ordinance. Each application shall contain: (Amended Ord. 11,0, 8-1-1995; amd. 2003 Code) a. The name, age and address of the applicant. b. The length of experience in this occupation and the past places o employment and positions held. c. A description of any crime or other offense, including the time, place, date, and disposition, for which the applicant has been arrested and convicted. d. A statement as to whether the individual has had any license denied, revoked, or suspended in the city or the State of Minnesota, the reason therefore, and the business activity or occupation of the individual subsequent to such suspension, revocation, or denial. 3. Educational Requirements: Each applicant for a Therapeutic Massage Therapist license shall furnish with the application proof of graduating from a school of therapeutic massage with a core curriculumof-at-leastfive hundred (500) hours of in class, teacher supervised instruction of which no more than two hundred (200) hours shall be clinical training. 4. Investigation Of Applicant; Issuance Or Denial Of License: A background check from the Bureau of Criminal Apprehension shall be required prior to issuance of a license. The license application shall thereafter be reviewed by the City Clerk, County Sheriff's Department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Clerk, who will submit all of the reports and recommendations to the City Council. The Council shall either grant or deny the license. (Amended Ord. 110, 8-1-1995) 5. Expiration Of License; Renewals: Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set forth by ordinance. The Code Enforcement Officer, Building Official, and/or County Sheriff's Department may conduct an investigation prior to any renewal. (Amended Ord. 110, 8-1-1995; amd. 2003 Code) 3-6-6: MANAGER REQUIRED: Before a license is issued under this chapter, the applicant shall designate in writing a natural person who is to be manager and in responsible charge of the business, and upon whom service of process may be made. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the city and County Sheriff's Department in writing of any change, indicating the name, address, and date of birth of the new manager, and the effective date of such change. (Amended Ord. 110, 8-1-1995) 3-6-7: LICENSEE RULES, REGULATIONS AND RESTRICTIONS: A. All massage therapist licensees shall: 1. Display Of License: Display current licenses in a prominent place at the place of employment. 2. Hours Of Operation: Not allow the licensed premises to be open for business or allow patrons to be on the premises between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. 3. Genitalia To Be Covered: Require that a person who is receiving a massage shall have their genital areas covered with an appropriate opaque covering. (Amended Ord. 110, 8-1-1995) B. In addition to the above rules, regulations, and restrictions, the City Council may, upon notice and hearing, promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this chapter to protect.the public health, to provide for safe and sanitary operation of licensed therapeutic massage establishments, to provide for the safety of therapeutic massage establishments, to provide for the safety of therapeutic massage and related massage equipment, and for the proper training of persons employed in the operation of such massage establishments. Notice of the promulgation of such rules, and the hearing date shall be given to all licensees, and notice of the hearing date published once in the legal newspaper of the city. The notice shall advise that at the hearing, written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when filed in the office of the City Clerk. Violation of such rules shall be sufficient grounds for See subsection 1-7-3A of this code. adverse action against licenses issued under this chapter. (Amended Ord. 110, 8-1-1995) 3-6-8: OFF-SITE MASSAGE SERVICES: A. Sanitation Requirements: All licensed massage therapists conducting off-site massage services as permitted by the zoning ordinance shall establish and maintain a supply storage facility containing any and all materials used in conducting off-site massage services. The Code Enforcement Officer, Building Official, and/or other city representatives shall have the right to enter and inspect the storage facility at all reasonable times. Rules as to required sanitation and storage shall be adopted in accordance with this section. B. Records Kept: All licensed massage therapists shall keep a record of all off-site massage services performed. The record shall be legible, written in inK or other mdeliule medium, or in a computerized format, and in the English language. It shall include the name of the massage therapist, the name of the person receiving massage services, the address where the massage service was performed, and the date and time of such service. The record shall be maintained for a period of two (2) years from the date the massage service was performed. Such record shall be open for inspection to the City Administrator or his/her authorized representative at all reasonable times. (Amended Ord. 110, 8-1-1995; amd. 2003 Code) 3-6-9: BUILDING REQUIREMENTS: A. Compliance With State Regulations: All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as therapeutic massage establishments which are open to the public, shall - comply with the requirements of the State Building Code and all amended codes. To the extent the building code or fire code does not impose more restrictive requirements, the provisions of this chapter shall govern. B. Construction And Maintenance Requirements: 1. Floors, walls, and equipment in massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in conjunction therewith must be kept in a state of good repair and clean at all times. Linens and other materials shall be stored at least twelve inches (12") off the floor. Clean towels and washcloths must be available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with locking devices and shall not be blocked or obstructed from either side. (Amended Ord. 110, 8-1-1995) 3-6-10: GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION OF LICENSES: A. It shall be grounds for denial of the application or for revocationor suspension of the license if the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that apply to the public health, safety, and morals. B. It shall be grounds for the denial, revocation, or suspension of the license: (Amended Ord. 110, 8-1-1995) 1. If the licensee is convicted of any violation reasonably related to the licensed activity and/or occurring on the licensed premises, of any city ordinance or Federal or State Statute. (Amended Ord. 110, 8-1-1995; amd. 2003 Code) 2. If there is fraud or deception involved in the license application. 3. If the licensee is found to be in control or possession of any alcoholic beverages or narcotic drugs or controlled substances on the premises for which he or she is licensed to operate, possession of which is illegal as defined in Minnesota statutes or city ordinances. 4. If the licensee has evidenced in the past willful..disregard for health codes and regulations. - . 5. If the applicant fails to provide all the information and certificates required by this chapter. 6. If the licensee shall refuse to permit any authorized police officers or authorized members of the city to inspect the premises or operation. 7. If the licensee is found to be violating provisions of this chapter. (Amended Ord. 110, 8-1-1995) 3-6-11: VIOLATIONS; PENALTIES: Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of any act constituting a violation of this chapter, whether individually or in connection with one or more persons, or as principal, or agent, or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any of the provisions of this chapter is likewise guilty of a misdemeanor. Each violation of this chapter shall constitute a separate offense. Conviction of a violation of this chapter shall be grounds for suspension or revocation of any license issued hereunder. (Amended Ord. 110, 8-1-1995) 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Joe Janish, Community Developm rector Dan Krumwiede Associate Planner SUBJECT: Conditional Use Permit (CUP) — Exterior Storage, Upper Midwest Athletic Construction — 3017 161'` Ave NW - Planning DATE: June 6, 2017 INTRODUCTION City Code 12-8-3 requires a CUP for exterior storage in all districts. The applicant is proposing to place exterior storage at the property 3017 161" Ave NW related to their business — Upper Midwest Athletic Construction. They are currently located in Ramsey but want to move their business to Andover. DISCUSSION The company renovates outdoor athletic facilities. They primarily focus on the restoration of tennis courts, running tracks, athletic equipment installation and site amenities. They will be storing construction equipment at their site, which would include the following — Augers, auger bits, bags of rubber on pallets, job site materials and trailers. The use of property would fall under "Manufacturing" as described in City Code 12-2-2. Manufacturing, Limited: Such uses include, but are not limited to, the following: lumberyard, machine shops, products assembly, sheet metal shops, plastics, electronics, contractors' shops and storage yards, food and nonalcoholic beverages, signs and displays, printing, publishing, fabricated metal parts, appliances, clothing and textiles. As part of this project, the applicant will need to go through the Commercial Site Plan (CSP) process if City Council provides approval of this particular request. A Commercial Site Plan process is conducted at the staff level and is reviewed by the Andover Review Committee (ARC). A Commercial Site Plan includes information related to setbacks, grading, drainage, erosion controls, tree protection, landscape plans, utility plans, and review of exterior lighting. Traffic The addition of exterior storage is not expected to have a direct impact on the traffic patterns for the property. The traffic would be expected even of the storage was located within a structure. Parking The addition of exterior storage will not alter the parking requirements for the property. Zoning The property is zoned Industrial. Property to the West is zoned General Business (commercial) and property to the North is zoned Industrial. Property to the East is currently R-1 Single Family -Rural Residential; however, the property to the east is guided in the City of Andover's Comprehensive Plan as Industrial. Current Zoning: Comprehensive Plan: Screening 12-13-5 SCREENING A. Exterior Storage: Screening from residential properties and public streets as visible from ground level shall be provided with and architecturally compatible opaque fence with a minimum height of six feet as measured from the surface of the exterior storage area. Plant material shall be provided on the outside of the fence for aesthetic appeal. Additional fence height and/or berming shall be required if a six foot fence would not block direct vision of the exterior storage. The applicant is proposing an opaque fence that will be reviewed as part of the Commercial Site Plan process along with the proposed location of the fencing. Review Criteria 12-14-6 B: Criteria for Granting Conditional Use Permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals, and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic view in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. Public Comments Staff received a phone call prior to the Planning and Zoning Commission holding the public hearing from a nearby property owner asking general questions about the proposal. Staff s takeaway from the phone call was the caller had potential concerns related to noise generated from the property and the potential impact to traffic along 16155 Ave NW. The Commissioners indicated the City has a noise ordinance that will need to be followed or citations are possible. Planning and Zoning Commission Recommendation On May 24, 2017 the Planning and Zoning Commission held a public hearing regarding the CUP request in which there was no public input. A draft of the meeting minutes have been attached for your review. The Commission recommended approval on a 4-0 (3 absent) vote. Commissioners Discussed: The proposed storage had been revised to be 50 feet away from the eastern property line vs. about 8 that had originally been shown. Commissioners noted this would allow a bit more of a buffer to the property to the east now. Commissioners started to discuss fencing locations and staff indicated the fence location would be finalized as part of the commercial site plan process. Commissioners questioned the location of the business today. Mr. Hicks indicated this move will allow him to consolidate his office and equipment to one location. ACTION REQUESTED The City Council is requested to consider approval of the CUP for exterior storage at 3017 161" Ave NW. Attachments Resolution Location Map Photos Applicant's Letter Sketch of proposed exterior storage Draft Planning and Zoning Commission Meeting Minutes 05.24.17 Re e tful s bm' ed, Joe Janish Community Development Director Cc: Eric Hicks, 2618 178`h Lane NE, Ham Lake, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR EXTERIOR STORAGE, LOCATED AT 3017 161sT AVE NW, LEGALLY DESCRIBED AS: That part of the E 461 ft of the WI/2 of NW 1/4 of section lying S of the N 2, 106.1 ft; ex rd; subject to easement of record 3017 161' Ave NW Andover, MN 55304-0000 WHEREAS, the applicant has requested a conditional use permit for exterior storage at the subject property, and; WHEREAS, the Planning and Zoning Commission held a Public Hearing pursuant to the requirements of City Code 12-14-8, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS, The Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request. 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 conditional use permit for exterior storage at 3017 161" Ave NW, subject to the following conditions: 1. Opaque fence or screening from residential property to the east. 2. Commercial site plan will be required. Adopted by the City Council of the City of Andover on this 6th day of June, 2017. CITY OF ANDOVER ATTEST: Michelle Harmer, Deputy City Clerk Julie Trude, Mayor Location I Photo A WOW '/' -C ��_ tea- -�„`- - _. ., �� -_ a:.m W 4 t ,f6. Photo D May 3, 2017 s MIDWEST r LETiC AUCTION Serving Minnesota, Wisconsin, Iowa, Nebraska, North Dakota and South Dakota 2618178`h Lane NE, Ham Lake, MN 55304 Phone 763-753-1127 Fax 763-753-3619 Email u_m_a_c@comcast.net MN Contractors No: IR722325 IA Contractors No: C090307 Introduction Upper Midwest Athletic Construction (UMAQ is a company that renovates outdoor athletic facilities. The company primarily focuses on the restoration of tennis courts, running tracks, athletic equipment installation and site amenities. UMAC specializes in new construction, scheduled maintenance through budgeting, or complete renovation of a deteriorating facility. Products Upper Midwest Athletic Construction provides a service in which we install various types of sports related athletic equipment, surface new running tracks, and repair and re surface old tennis courts and running tracks that are no longer safe, playable, or they are getting to the end of their usable life cycle. By completing repairs, we turn an old potential hazardous surface, into a safe and playable athletic facility again. We use the highest quality materials available on all our projects, whether they are new or existing. When resurfacing an existing court, or surfacing a new court, the life cycle is approximately 6-8 years. In all but few cases, we can secure the same sites we have completed projects in the previous cycle. We install a product that will extend the life cycle of a crack repair from one year to up to ten or more years. The product we install for crack repairs is highly -sought after and very difficult to install. This product is also difficult to obtain as you need to be trained in the proper installation procedure and own the equipment necessary. UMAC's employees are all highly trained and certified to install it. When surfacing a running track the life cycle can be 15-20 years with maintenance systems at 7-10 year increments. We specialize in the two most common types of nmuing track surfacing: latex and polyurethane. This gives us the advantage over our competitors who specialize in one or the other. It also offers the owner a broader price range to fit into a budget that fits their needs. Thank you, Eric Hicks Upper Midwest Athletic Construction CEO/President MOM h Y Y PUPS fes`' CUP J Exterior Storage j r Am AA Al �tol' T Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 6 Commissioner Nemeth expressed concern that a bigger business with more customers could cause disruption to the neighborhood. Ms. Hanson stated a condition could be added to the Resolution that would restrict the number of allowable daily clients. Motion by Peterson to recommend approval of Res. No. _, the request for a Conditional Use Permit (CUP) for an in-home massage therapy business for Lisa Scholl, 15824 Olive Street NW. Motion failed for lack of a second. Commissioner Sims stated he supports the addition of a condition to the resolution that would restrict the number of allowable clients per day. Commissioner Nemeth stated the applicant referred to three daily clients in her application. He reiterated his concern that a property owner in the fixture might want to have a bigger business, and as the CUP stays with the property, it would be prudent to add a restriction on the number of allowable daily clients. He noted, however, he is unsure whether three daily clients would be the appropriate number. Commissioner Peterson stated three daily clients might be too restrictive. He added there would not be a noticeable difference in neighborhood traffic if there are 3-5 daily clients. Chairperson Daninger stated he agrees that five daily clients might be an acceptable compromise. DRAFT Motion by Nemeth, seconded by Sims, to recommend approval of Res. No. _, request for a Conditional Use Permit (CUP) for an in-home massage therapy business for Lisa Scholl, 15824 Olive Street NW, with the addition of the following condition to the Resolution: 4. No more than five clients per day will be scheduled. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Ms. Hanson stated this application will be reviewed by the City Council at their June 6, 2017, Regular Meeting. PUBLIC HEARING: Conditional Use Permit — Exterior Storage — 3017161St Ave. NW — Eric Hicks Community Development Director Janish reviewed a request for a Conditional Use Permit (CUP) for Eric Hicks, 3017 1615 Avenue NW, to add exterior storage related to their business, Upper Midwest Athletic Construction. This business is currently located in Ramsey, but Mr. Hicks wants to move it to Andover. Regular Andover Planning and Zoning Commission Meeting Minutes —May 24, 2017 Page 7 Mr. Janish stated a CUP is required for exterior storage in all Districts. He added the company renovates outdoor athletic facilities, focusing on restoration of tennis courts, running tracks, and other outdoor sports amenities. He noted construction equipment, including augers, rubber on pallets, trailers and site materials, will be stored in the proposed exterior storage area. Mr. Janish stated the Commission should consider CUP criteria, including the effect of the proposed storage area on the health, safety and welfare of the neighborhood; existing and anticipated parking and traffic; the effect on property values and views; and whether the proposed use is in conformance with the City's Comprehensive Plan. Mr. Janish stated the proposed exterior storage area would be located 275 feet from the pavement, with a 6 -foot opaque fence along the property line to the east. He added screening is required by City Code for shared residential boundaries where a commercial use is present. He noted the applicant was considering a split rail fence, but that component is not included in the CUP. Mr. Janish stated the applicant also proposes the addition of a perpendicular screen from the opaque fence to the structure to screen the exterior storage area. Mr. Janish added the applicant intends to clear some trees to make room for the exterior storage area if the CUP is approved. He noted a commercial site plan review will be completed by City Staff. DRAFT Commissioner Nemeth stated the Commission's meeting packet does not include any reference to the proposed fences. He asked why the Commission was not informed that the opaque fence and split -rail fence were included in the CUP. Mr. Janish stated the split -rail fence is not included in the CUP as it does not require a permit. He added the opaque fencing is required by the Zoning Code to screen the exterior storage from the residential property. Commissioner Nemeth asked how many trees would be removed. Mr. Janish stated the applicant intends to maintain as much natural screening as possible. He added tree removal would be minimal, and only where it will be necessary to maneuver equipment. Commissioner Nemeth asked whether it would be approximately a dozen trees. Mr. Janish confirmed this. Commissioner Nemeth stated the consideration regarding traffic impact is not included in the Staff Report. Mr. Janish stated it is not expected that an area of additional storage will increase or impact traffic. He added the proposed exterior storage area is a permitted use with a CUP. Regular Andover Planning and Zoning Commission Meeting Minutes —May 24, 2017 Page 8 Commissioner Nemeth requested clarification regarding the amount of on-site parking. Mr. Janish stated that will be reviewed as part of the commercial site plan process. Commissioner Nemeth stated the Staff Report referred to a call received questioning noise that could be generated at this site. He asked whether permitted hours of operation will be enforced. Mr. Janish stated hours of operation could be specifically related to the exterior storage area use, which would limit the owners access to their own property. Commissioner Nemeth stated the Commission had discussed a noise complaint near Target, and noise levels were measured and reviewed at that location. He added observation of quiet hours is a City Code requirement. Mr. Janish stated any noise complaint would be investigated by the Sherriff s office and noise readings could be taken. He added a receiver is installed on the property line, and decibels are recorded. Commissioner Nemeth asked why the company is based in Ramsey but their mailing address is Ham Lake. Mr. Janish stated that would be a question for the applicant. He added the Andover site is currently being used minimally without the proposed exterior storage area, and the company also has a facility in Ramsey. Commissioner Peterson asked whether the split -rail fence is being added or removed, and what a split -rail fence looks like. Mr. Janish stated that is not included in the CUP. He added it is a rustic decorative fence that has not been installed but the applicant is considering for the 161St Avenue property line. DRAFT Commissioner Peterson asked whether the property will be screened from the street, as referenced on Page 2 of the staff report. Mr. Janish stated that issue will be considered as part of the commercial site plan review process. Commissioner Peterson asked why the opaque fence is included in the CUP instead of the commercial site plan review. Mr. Janish stated the site plan process has some flexibility to ensure that all criteria are met, so the opaque fence can be reviewed now to ensure that screening is sufficient. He added he would recommend an additional condition to the Resolution indicating that additional fencing could be required. Commissioner Nemeth asked whether the 8 -foot set back from property line is appropriate for a storage area. Mr. Janish stated the setback requirement was revised to increase the setback, and the applicant has reduced the size of the exterior storage area to increase its distance from the property line approximately 50 feet. Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 Page 9 Commissioner Nemeth stated this change was not included in the meeting packet. Mr. Janish stated the proposed change was submitted after the meeting packets were distributed. Commissioner Nemeth requested clarification about the amended setback requirement. Mr. Janish stated there would be approximately 50 feet from the property line to the edge of the exterior storage area. Motion by Peterson, seconded by Sims, to open the public hearing at 8:09 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Eric Hicks, 3017 - 16151 Avenue NW, stated he is the applicant. AFT Commissioner Nemeth asked whether the business is currently located in Ramsey, and why the business letterhead has a Ham Lake address. Mr. Hicks stated there was a change in ownership, and the business was previously located in Ham Lake. He added he has been running the business, including equipment storage, from his home in Ramsey. Commissioner Nemeth asked why the applicant wishes to move from Ramsey to Andover. Mr. Hicks stated the Andover property is closer to his home, and the homes of his employees. He added the business has outgrown the residential property in Ramsey. Chairperson Daninger asked whether the applicant has an idea of hours of operation and potential noise impact to the neighborhood. He urged the applicant to be cognizant of the residential neighbors. Mr. Hicks stated his employees will be receiving and loading supplies and equipment in the morning, around 6:30 a.m. or 7:00 a.m. He added the crew returns at the end of the work day and parks the equipment. Motion by Nemeth, seconded by Sims, to close the public hearing at 8:12 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Commissioner Nemeth reiterated that he was surprised that, after studying the case and reviewing guidelines for setbacks from residential properties, no information was provided for the Commission prior to the meeting. He asked why the information was not included in the packet. Mr. Janish stated the amended setback information was received by City Staff after the meeting packets had been prepared. Commissioner Nemeth requested that, in the future, such last-minute information should be emailed to the Commission before the meeting, or a hard copy should be provided at the meeting. Mr. Janish agreed. Regular Andover Planning and Zoning Commission Meeting Minutes —May 24, 2017 Page 10 Chairperson Daninger stated he is comfortable with this CUP request as the commercial site plan will address any other issues. He added he is supportive of encouraging new businesses in Andover. Commissioner Nemeth requested clarification regarding opaque fencing. Mr. Janish stated it is a chain link fence with solid material slats running through it. Commissioner Nemeth stated there are commercial fences along Hanson and Round Lake Boulevards that require maintenance. He added he would prefer the use of some type of fencing material that is easy to maintain as it gets older. Mr. Janish stated the permit can be brought forward for review and revocation if the applicant is in violation of the requirements of the CUP. DRAFT Commissioner Peterson stated he is comfortable with opaque fence as described, if it is not along the property line at 161St Avenue. Motion by Janish, seconded by Peterson, to recommend approval of Res. No. approving a Conditional Use Permit for Eric Hicks, 3017 161" Avenue NW, for exterior storage space related to his business, Upper Midwest Athletic Construction. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). City Planner Hanson stated that this item would be reviewed by the City Council at their June 6, 2017 Regular Meeting. PUBLIC HEARING: Rezoning of Rural Reserve Residential District. City Planner Hanson reviewed plans to rezone lands designated as Rural Reserve from R- 1 — Single Family Rural to RR -Rural Reserve Residential. This proposed rezoning of the RR -Rural Reserve coincides with the proposed Comprehensive Plan Amendment and Zoning Text Amendment that the Commission and City Council had previously reviewed. Ms. Hanson stated the rezoning process includes the official adoption of the zoning map. She added the area in question was identified in the City's Comprehensive Plan, adopted in 2008, for future urban development if municipal services were available. Ms. Hanson stated the current Comprehensive Plan has a minimum lot split of 1 home per 20 acres. She added, in March 2017, a request for a Comprehensive Plan amendment was received by an applicant who wished to further subdivide residential property to 1 home per 10 acres. She noted this request was approved by the City Council and is currently being reviewed by the Metropolitan Council, which has indicated that the request will be approved. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Councilmembers CC: Jim Dickinson, City Administrator FROM: Joe Janish, Community Developm irector SUBJECT: Consider - City Code Amendments to Title 12 Zoning Regulations and Title 13 Planning and Development - Planning DATE: June 6, 2017 INTRODUCTION At the October 25, 2016 City Council work session, City Council discussed a Comprehensive Plan Amendment (CPA) request by Jake and Jon Packer to allow the subdivision of land within the Rural Reserve District into parcels smaller than what is currently allowed in the Comprehensive Plan. City Council provided direction to staff to proceed with a CPA and ordinance to address future development within the rural reserve area. Since October 25, 2016 the Planning Commission and City Council have approved a Comprehensive Plan amendment to address for higher density and further subdivision of property within the Rural Reserve District which has been forwarded to the Metropolitan Council. The Metropolitan Council Community Development Committee will discuss the CPA at the June 5, 2017 meeting and the Metropolitan Council Board will make a determination on June 14, 2017. Staff expects that the Metropolitan Council will approve the CPA, as it is in alignment with the Metropolitan Councils Policies. Staff is proposing to continue to hold a hearing and make a recommendation contingent upon the Metropolitan Council approval. Due to the Comprehensive Plan Amendment, we are now amending the City Code to be consistent with the plan, and will also need to rezone certain property to also be consistent with the CPA. The Planning Commission held a Public Hearing on May 9, 2017. The Ordinance the Planning Commission is recommending to the City Council is attached for review as DRAFT A. The City Council held a worksession on May 23, 2017 to discuss the recommended ordinance and provided some direction to staff and the ordinance with changes is also attached for review as DRAFT B. DISCUSSION Both ordinances provide the base information that has been utilized for the Rural Reserve area over the years. The difference between what has been regulated in the past to today, is related to the way in which the property can be split and the number of units permitted. The zoning text amendment should only be noticeable when landowners attempt to split their property. Both ordinances would allow for property owners to have up to 1 unit per 10 acres vs. the historical requirement of 1 unit per 20 acres. Each ordinance then specifies the requirements of the splitting process and when a split would require a public hearing and the process in which the proposed split would be reviewed. ORDINANCE A - (DRAFT A) • Public Hearing is required for all splits • Andover Review Committee (ARC) review • Planning Commission review (public hearing) • City Council review • No "ghost platting" • Development Agreement when lots under 10 acres are created ORDINANCE B - (DRAFTS • Public Hearing is required for splits that create a parcel under 10 acres in size or when construction of public infrastructure is needed (i.e. roadways) • Andover Review Committee (ARC) review for lots 10 acres or larger only when public infrastructure (i.e. roadways) is not needed as part of the development • No "ghost platting" • Development Agreement when lots under 10 acres are created Ordinance Overview Staff has proposed adding a new section to Title 13 while modifying the existing section. This creates a 1A (original language with some modification) and 1B (proposed splits in the Rural Reserve). The creation of two "1's" will allow for individuals to continue to split land as they do currently in other areas of the city and 1B will apply to property within the Rural Reserve area. As proposed by the Planning Commission (DRAFT A) an administrative lot split is not an option for land owners, all splits will be done through a public hearing process DRAFT B would allow for administrative splits that would be reviewed by ARC. These splits would not be able to create lots under 10 acres in size and would not be able to involve new roadways or public infrastructure. Staff has also included language under the review process indicating: 13-113-6: REVIEW AND RECOMMENDATIONS: A. If a parcel contains more than 35 acres and is described by the rectangular survey system as a quarter, quarter section at the time of adoption of this ordinance then that quarter, quarter is eligible for 4 units. B. A parcel greater than 35 acres and described by the rectangular survey system as a quarter, quarter section, may be split into 4 equal parts and shall not be required to restrict future development. Section A = Clarifies that a "short 40's" would still be permitted to have 4 units provided that the 40 acres is still described as a quarter, quarter such as NEI/4 of SE 1/4. Section B = Clarifies that in cases of "short 40" the property owner is allowed to create parcels that will be slightly smaller than 10 acres, but will not have to provide for a temporary development agreement. Information Needed Reviewing our current Lot Split Application, many of the items that are included in the draft ordinance are listed as required items in the application. The ordinance allows for the use of "public" information on the remnant parcels (parcels that do not expect to have homes on them). This in theory should help to keep costs down for applicants that desire to split property within the Rural Reserve, yet still provide enough detail for the city to perform an appropriate review. Met Council Flexible Residential Development Ordinance Guidelines According to the Met Council the need to restrict future development on properties is required as part of the comprehensive plan. According to Metropolitan Council's Flexible Residential Development Ordinance Guidelines for the Diversified Rural Area (August 2008, page 2): 4. Require that the parcel(s) set aside for future urbanization be covered by a temporary development agreement or deed restriction, rather than a permanent conservation easement or other permanent restriction. In a typical open space development, with the purpose of long-term preservation of natural resources, communities usually ensure the long- term maintenance and protection of sensitive natural resources through the placement of a conservation easement that is often conveyed to a trust or public entity. When seeking to reserve land for future development, however, the community should not place permanent restrictions on the capability of the land to be developed. Instead, communities should place on the future urbanization parcel temporary development agreements or deed restrictions that contain "triggers" for the removal of such restrictions. The restrictions prevent the land from being developed before urban services are available. The ordinance should also detail the "triggers," or conditions, under which such restrictions would be removed and the parcel made available for development. Such conditions may include the rezoning of the parcel, change in the comprehensive plan, and the provision of urban infrastructure and utilities, among others deemed appropriate by the local unit of government. Over the last several months discussions have included blanket easements, temporary development agreement or lot tracking as "tools" to handle splitting of property within the Rural Reserve area. Currently both options this evening (DRAFT A and DRAFT B) includes language that a Development Agreement would be utilized for a split that results in a lot less than 10 acres in size. The temporary development agreement could provide the flexibility for the city and developer/property owner. Lot tracking would require staff to provide an "in-house" process that would allow staff to track the number of splits and remaining splits for each parcel within the Rural Reserve area. This could be established through electronic means and physically track the number of lots created through the splitting process. Through the tracking process staff would monitor the splits to avoid the inconsistency of the comprehensive plan and verifies the density as established in the comprehensive plan. Ghost Platting According to Metropolitan Council staff, when 75% of the land is not preserved for urban development, ghost platting should be utilized in order to prevent issues with future extension of city utilities and roadways. DRAFT A The Planning Commission's recommendation removes the language of the sketch plan due to the use of the Temporary Development Agreement, and the fact the lot split submittal will be reviewed by ARC, Planning Commission and City Council based on the Comprehensive Plan. The Planning Commission stated that it would be up to the applicant to determine if they would want a sketch plan to maximize the value of the land; however, for future roadways and utility extensions ARC, Planning Commission and City Council would be reviewing the requests and watching out for future improvements. DRAFT B This version of the ordinance also does not require ghost platting to occur. The thought is that the split will be reviewed by ARC in all cases comparing the split to the Comprehensive Plan and studies. In cases that either public infrastructure is built (i.e. roadways) or lots less than 10 acres are created then a public hearing will be required and not only will ARC review requests but the Planning Commission and City Council will as well. Zoning District Staff is clarifying the zoning regulations within the Rural Reserve. This information is similar to R-1 Single Family -Rural with the exception of a 5 -acre minimum lot size required in the proposed district vs. 2.5 acre minimum in R-1. ACTION REQUIRED Staff recommends the City Council review the two (2) proposed zoning text amendments and consider adoption of DRAFT A or DRAFT B. Res ctf y ub fitted, Joe apish Community Development Director Attachments: Met Council Residential Development Ordinance Guidelines Proposed Ordinance DRAFT A Proposed Ordinance DRAFT B Andover City Council Meeting Minutes March 21, 2017 Andover City Council Workshop Meeting Minutes March 28, 2017 Andover City Council Workshop Meeting Minutes April 25, 2017 Andover Planning Commission Meeting Minutes May 9, 2017 Draft City Council Worksession Minutes May 23, 2017 (to be distributed separately) Draft Sample Easement — This would be customized for each request Draft Sample Development Agreement — This would be customized for each request Draft Zoning Map Met Council Residential Development it Metropolitan Council Ordinance Guidelines Flexible Residential Development Ordinance Guidelines for the Diversified Rural Area August 2008 Background The 2030 Regional Development Framework (RDF)' indicates that land use patterns in Diversified Rural Area Communities "include a mix of a limited amount of large -lot residential and clustered housing with agriculture and other uses" (RDF p. 27). The RDF further states the communities in the Diversified Rural Area should preserve areas where post -2030 growth can be provided with cost-effective and efficient urban infrastructure and accommodate growth without prematurely requiring the provision of regional urban services. In addition, the 2030 Water Resources Management Policy Plan (WRMPP) identifies areas for post -2030 wastewater investment and service. These areas are described in the text of the document as well as illustrated in Appendix E on a map titled Regional Wastewater System Long -Term Service Areas. The existing regional wastewater treatment plants and the broader infrastructure efficiency of contiguous sewered development are predicated on a residential density" of three units per acre or greater (WRMPP p. 54). The Council's planning strategies for Diversified Rural Areas call for communities in those areas to have land use plans that "[a]ccomodate growth not to exceed forecasts and clustered development not to exceed 1 unit per 10 acres" (RDF p. 32). However, the results of a recent study of "flexible residential development ordinances" employed in Diversified Rural Area communities show that some communities have implemented ordinances that permit activities that are in conflict with metropolitan system plans."' Density bonuses, large -lot development, and open space preservation ordinances sometimes permit residential development at densities that will severely limit the ability of some communities to achieve (in the future) the minimum density requirement of at least three units per net developable residential acre that is necessary for future cost-effective and efficient regional wastewater treatment services. The Council has developed guidelines for flexible residential development ordinances applied in communities in the Diversified Rural Area and identified as a Long -Term Service Area (LTSA) for regional wastewater services. These areas are essentially staging areas for future urbanization, and so development ordinances and land use patterns should reflect as much and not preclude future development on appropriate lands in those areas. A purpose of flexible residential development ordinances in these areas should be to preserve land for post -2030 growth and to accommodate the future extension of regional urban services. Communities should study and assess their landscapes to refine their development priorities. There may be areas within the community that contain an abundance of sensitive natural resources or that the community has identified as a greenway or conservation corridor. These areas may not be most suitable for future urbanization as the capability of the land to support development is low and constrained. In these cases, open space development or cluster development may be adapted to protect those resources to meet the community's goals. These guidelines are not intended to replace the work that has been done by numerous communities and organizations in developing flexible development ordinances. Rather, these guidelines are intended to be used along with those methods and standards for the varying types of flexible development ordinances. Guidelines for Flexible Residential Development Ordinances'" Areas immediately beyond the current urban services boundary within the LTSA are considered temporarily rural. Residential development ordinances in these areas should limit densities to one unit per 10 acres, or allow the clustering of dwellings in a manner that will reserve land for future sewered development, in addition to protecting any sensitive resources that may exist. Ordinances providing for residential clustering in the above- described areas should take the following guidelines in consideration when developing or adapting flexible residential ordinances for these areas. I. Provide a purpose within the ordinance that describes the need to reserve land resources for efficient future urbanization when appropriate infrastructure is available to support that development. Defining the purpose and intent of any ordinance provides the local unit of government with a basis for the regulations that follow. Clearly stating that a purpose of the flexible residential development ordinance is to reserve land resources for future development will allow potential applicants to better understand the regulations as they apply to individual properties. The local unit of government may also wish to apply aspects of an open space ordinance to other areas within the community that have different characteristics that they wish to set aside or protect; this distinction should also be stated and defined within the purpose section of the ordinance. 2. Describe the characteristics of the land required for future urbanization and seek to reserve tracts of land in a size and configuration capable of supporting future development (for example, non -hydric soils, location in relation to existing development, etc.). The ordinance should define the lands that are considered "buildable," as these lands are considered the most suitable for development. Removing lands that are restricted due to federal and state regulations, as well as any features that the local government has defined for protection or conservation, will allow the community to preserve sensitive natural features and to ensure the availability of land to accommodate future development. Density bonuses are commonly used by local communities as a means to encourage developers to use a non - conventional development ordinance. However, without specifying the types of lands that are required for future development, many communities have inadvertently encouraged large -lot development in which the private lots often consume most of the developable land and leave little remaining developable acreage available for future development. The lots within the development are often too large to efficiently extend urban -level services to the development. 3. Allow no more than 25% of the developable land in a project to be developed. For the purposes of future urbanization, larger future urbanization parcels should be reserved, limiting the cluster to a development area that a covers a minority of the area. To ensure that land is available for future development, the local unit of government should specify the maximum amount of developable land that is allowed to be used for the initial residential development. For the purposes of future urbanization, communities should limit the initial development envelope to no more than 25% of the total buildable area of the project parcel. 4. Require that the parcel(s) set aside for future urbanization be covered by a temporary development agreement or deed restriction, rather than a permanent conservation easement or other permanent restriction. In a typical open space development, with the purpose of long-term preservation of natural resources, communities usually ensure the long-term maintenance and protection of sensitive natural resources through the placement of a permanent conservation easement that is often conveyed to a trust or public entity. when seeking to reserve land for future development, however, the community should not place permanent restrictions on the capability of the land to be developed. Instead, communities should place on the future urbanization parcel temporary development agreements or deed restrictions that contain "triggers" for the removal of such restrictions. The restrictions prevent the land from being developed before urban services are available. The ordinance should also detail the "triggers," or conditions, under which such restrictions would be removed and the parcel made available for development. Such conditions may include the rezoning of the parcel, a change in the comprehensive plan, and the provision of urban infrastructure and utilities, among others deemed appropriate by the local unit of government. Page 2 Portions of the development that are designated as undevelopable or are to be set aside for recreational use or conservation purposes, on the other hand, should be either dedicated to the public or covered with a permanent conservation easement or permanent deed restriction. 5. Provide for the rezoning of the future urbanization parcel to a residential zoning classification at densities consistent with Council policy at such time that urban services are available to the parcel. To ensure the efficient utilization of urban services, communities should allow for the rezoning of the future urbanization parcel to densities that, at a minimum, are consistent with Council policy. This rezoning should only occur in conjunction with or after the provision of urban services, when the land is served by the infrastructure required to support higher density uses. 6. Encourage the use of community wastewater treatment systems to serve the temporary cluster and to allow for smaller lot sizes within the development. Clustering homes on smaller lots facilitates the connection of those homes to future sewer services and ensures that these services are being efficiently and economically utilized. These small lot sizes, however, are often too small to provide the necessary space for individual sewage treatment systems on each lot, in addition to a back-up site in case of primary system failure. Using a community treatment system resolves that issue: by employing a shared drainfeld located in a common open space area, individual lots no longer need to be large enough to accommodate two on-site septic treatment sites. The use of smaller lot sizes will not only facilitate future connection to sewer services, once they become available, but also will reserve more developable land for future development. ' This memorandum references the online versions of the 2030 Regional Development Framework (as amended through December 14, 2006), the 2030 Water Resources Management Policy Plan (with revised forecasts as of January 9, 2008), and the Local Planning Handbook. " The Council defines "residential density" as the "number of dwelling units per net residential acre of land" (wRMpP p. 111). For planning proposes, the Council uses a standard calculation of net developable acres and net density to measure a community's capacity to accommodate residential development. The minimum density requirement is three units per net developable residential acre. Net residential acreage is calculated by subtracting from gross acres wetlands and water bodies, public parks and open spaces, arterial road right-of-way, and natural and other resources mapped and protected by local ordinances and in the comprehensive plan update. (Local Planning Handbook p. 3-5) Under Minnesota Statutes sections 473.858, subdivision 1 and 473.865, subdivision 2, a local governmental unit cannot adopt any official control of fiscal device which is in conflict with its local comprehensive plans `or which permits activity in conflict with metropolitan system plans." Official controls are: ordinances and rules which control the physical development of a city, county, or town, or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, and official maps. (Minn. Stat. § 473.852, subd. 9) The "metropolitan system plans" are the "transportation portion of the Metropolitan Development Guide, the policy plans, and capital budgets for metropolitan wastewater service, transportation, and regional recreation open space." (Minn. Stat. § 473.852, subd. 8) " Minn. Stat. § 473.854 authorizes the Council to "prepare and adopt guidelines and procedures relating to the requirements of sections 462.355, 473.175, and 473.851 to 473.871 [the Metropolitan Land Planning Act] which will provide assistance to local governmental units in accomplishing the provisions of [the Act]." Page 3 DRAFT A CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12 ZONING REGULATIONS CHAPTER 3 ZONING DISTRICTS AND NIAP SECTION: 12-3-1: Purpose Of Zoning Districts 12-3-2: Zoning Districts Established 12-3-3: Purpose Of Each District 12-3-4: Zoning District Map 12-3-5: Minimum District Provisions 12-3-2: ZONING DISTRICTS ESTABLISHED: For the purpose of this title, the city is hereby divided into the following zoning districts: Symbol Name RR Single Family Rural Reserve R-1 Single Family Rural Residential R-2 Single Family Residential Estate R-3 Single Family Suburban Residential R-4 Single Family Urban Residential R-5 Manufactured Housing M-1 Multiple Dwelling Medium Density M-2 Multiple Dwelling AgP Agricultural Preserve GR General Recreation LB Limited Business NB Neighborhood Business uc"21 ". SC Shopping Center GB General Business Industrial CLR Closed Landfill Restricted 12-3-3: PURPOSE OF EACH DISTRICT: A. RR Single Familv Rural Reserve Rural Reserve District is approximately one thousand acres in size to accommodate future urban growth beyond the previously planned Municipal Urban Service Area. This area is designated as an area of which is restricted from urban development until a master plan has been approved and municipal sewer and water can be constructed to serve the area The city prohibits lot splits and subdivisions of less than one parcel per ten acres to prevent this area from rural residential development that would preclude orderly MUSA expansion However, there are opportunities to allow for rural reserve lot splits of 5 acres minimum in situations which ensure that the majority of the residual land be preserved for future economical urban development as long as the provisions of the city codes are met The intent of the ordinance is to allow subdivision of land while preserving residual land for future economical urban development. R-1 Single Family Rural Residential: 1. This district is intended to provide a residential atmosphere for those persons desiring to retain a large parcel of land. Such large lots are logical in areas where development into smaller lots would be difficult, or where public utilities will not be available in the foreseeable future. Furthermore, larger houses are more costly and require larger lots. Thus, to provide an area to accommodate those persons with the financial means to erect a large house, it is necessary to have an area of large lots. 2. Land which is wooded, or which has a changing topography, and low land which tends to be poor agriculturally is also the most expensive to develop for residential sites and, after development, the sites tend to be expensive to maintain. Such areas are the most interesting and most susceptible to large lot development. The district also is intended to preserve productive land for agricultural use. (Amended Ord. 314, 10-4-05) B. R-2 Single Family Residential Estate: This district is intended to provide a residential atmosphere for those persons desiring a single-family neighborhood with a suburban density. Lots in this district created after 1978 and without City sewer and water must be at least 2.5 acres. This zoning district was used for rural residential developments prior to 1978. No existing properties may be rezoned to R-2. (Amended Ord. 8, 10-21-1970; amd. 2003 Code, Amended Ord. 314 10-4-2005) DRAFT A C. R-3 Single Family Suburban Residential: This particular district is intended to satisfy those persons who prefer a medium sized lot. Lots in this district created after 1978 and without City sewer and water must be at least 2.5 acres. This zoning district was used for rural residential developments created before 1978. No existing properties may be rezoned to R-3. (Amended Ord. 314 10-4-2005) D. R-4 Single Family Urban Residential: This district represents urban density use by single-family detached dwellings. (Amended Ord. 314 10-4-2005) E. R-5 Manufactured Housing District: This district would permit all types of manufactured housing including manufactured homes and modular houses, provided public sewer and water is provided. (Amended Ord. 8, 10-21-1970) F. M-1 Multiple Dwelling Medium Density: This district is intended to provide a location for medium density attached dwelling units (townhouses) with private entrances. These areas may be transitional, however, the townhouse resident should have convenient access to all facilities provided for single-family neighborhoods. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 8, 10-21-1970; amd. 2003 Code, Amended Ord. 314 10-4-2005) G. M-2 Multiple Dwelling District: This district is intended to provide a location for all types of multiple dwellings. This district's location shall have convenient access to all facilities provided for neighborhoods, open space, and buffering from less intense uses. Access to an M-2 district shall be from a collector or arterial roadway. (Amended Ord. 314 10-4-2005) H. GR General Recreation District: This district is intended to provide a location for all types of commercial recreation uses such as golf driving ranges, outdoor theaters, racetracks, and snowmobile areas, most of which require large amounts of land and good separation from residential areas. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 314 10-4-2005) LB Limited Business District: This district is suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. The LB district can be used as a transitional district or buffer between non -compatible uses such as intense commercial (GB) and low density residential uses. (Amended Ord. 314 10-4-2005) J. NB Neighborhood Business District: This district is used for retail sales and DRAFT A services in such scale as to serve the surrounding neighborhood needs. Locations for Neighborhood Business districts are typically small plots in close proximity to or surrounded by residential areas. NB zoning districts do not require frontage on an arterial roadway and can be served by local and collector streets. However, this district shall not be served exclusively by local streets. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 314 10-4-2005) K. SC Shopping Center District: This zoning classification is reserved for modern retail shopping facilities of integrated design in appropriate locations. Locations for the SC district are larger plots that can accommodate more intensive retail development. Access shall be available from arterial roadways. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 314 10-4-2005) L. GB General Business District: These are areas containing a wide variety of business uses including retail, service and semi -industrial. As such, they may contain businesses that tend to serve other business and industry as well as those catering to shopper needs. M. I Industrial District: These are areas that have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. I district uses include service industries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare or other objectionable influences. Generally, those include wholesale, service and light industries that are dependent upon raw materials refined elsewhere. An industrial "park" which maintains high development standards would be zoned I. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 8, 10-21-1970, Ord. 314 10-4-2005) N. CLR Closed Landfill Restricted: This district is intended to apply to former landfills and adjacent lands which are managed under the Closed Landfill Program of the Minnesota Pollution Control Agency (MPGA). The purpose of the district is to limit uses of land both actively filled and related lands, to minimal uses in order to protect the land from human activity where response action systems are in place. This district shall only apply to the former landfill and pertinent adjacent lands (the limits of which are defined by the MPCA). This district shall apply whether the landfill is in public (State, MPCA, County, City, Township), Indian tribal, or private owners. DRAFT A 12.3.5: MINIMIM DISTRICT PROVISIONS RR R-1 R-2 R-3 R-4 R-51 M-1 M-2 AgP GR LB NB SC GB I Lot area per dwelling unit (square feet) 1 -family homes 5 to 10 acres 2.5 acres 2.5 acres 2.5 acres 11,400 5,500 1 -family homes (lots created before 10/17178) 1 acre 20,000 Single-family twin homes 6,000 5,000 Single-family attached 6,000 5,000 Apartments (lot area per unit in square feet) 1 -bedroom units 4,000 2 -bedroom units 5,000 Floor area per dwelling unit (square feet) See Floor area definition for two story homes 1 -family homes 960 960 1,200 960 960 960 960 Single-family twin homes 960 960 Single-family attached 960 960 1 -bedroom apartment units 700 Each additional apartment bedroom (plus) 150 Lot dimensions RR R-1 R-2 R-3 R•4 R-5+ M-1 M-2 AgP GR LB NB SC GB I Lot width -front setback line (feet) 300 300 300 300 80 150 150 300 120 100 150 200 100 100 Lot width (lots created before 10/17/78) 165 100 Lot width (feet) 1,320 Lot depth (feet) 150 150 150 150 130 150 150 135 135 150 150 150 150 Minimum garage size 440 440 440 440 440 220+1 220+1 220+1 440 (square feet) prk spc prk spc prk spc Lot dimensions RR R-1 R-2 R-3 R-4 R-51 M-1 M-2 AgP GR LB NB SC GB I (continued) Nonresidential lot area 10 5acres 1acre 20,000 20,000 20,000 20,000 40 20,000 20,000 22,500 30,000 20,000 24,000 (acres or square feet) acres sf sf sf sf acres sf sf sf sf sf sf Minimum district size 2 acres 5 acres Principal structure height 35 35 35 35 35 35 35 35 35 35 45 45 45 (maximum) subject to City Code 12-3-5 B.6 Land coverage (maximum 20 20 20 30 30 20 30 30 Up to 40 Up to 40 Up to 40 Up to 40 Up to 50 percent of structures) Building setbacks? RR R-1 R-2 R-3 R-4 R-51 M-1 M-2 AgP GR LB NB SC GB I Any yard setback from 50 50 50 50 40 50 50 50 50 50 50 50 50 50 county road subject to City Code 12-5-47 Front yard setback (feet) 40 40 40 35 352 30 40 40 40 40 40 40 40 Side yard principal 10 10 10 10 10 20 30 10 104 104 104 104 104 structure setback from interior lot linea Side yard setback from 40 40 40 35 355 30 30 40 30 30 30 30 30 30 property line adjacent to street Attached residential 6 garage (over 20 feet wide) from interior lot line Rear yard setback 50 50 50 30 30 30 30 30 25 25 25 25 25 Rear yard setback for any 40 40 40 35 35 residential structure from prop. line adjacent to street Notes: 1. Allowed by Planned Unit Development only. 2. Unless existing structures would indicate a lesser setback to maintain uniformity. 3. An additional 5 -foot setback shall be added when plans for the principal structure accommodate an access for a deck. 4. See Section 12-5-3 of this title for setback adjacent to residential areas. DRAFT A 5. 25 feet if it is a back-to-back lot. 6. See City Code 12-13 for exceptions allowed as a Conditional Use 7. See also City Code 12-5-4 when less than minimum required right-of-way exists All setback measurements are from property lines. (Ord. 273, 9-2-2003; amd. Ord. 274, 9-2-2003; amd. Ord. 314,10-4-2005; Ord. 403,12-21-10; Amended Ord. 423,10-16-12) DRAFT A DRAFT A CHAPTER FENCES AND WALLS 12-7-3: FENCE HEIGHT: A. In the rear and side yards Up to the front fagade of the principal structure, fences up to a height of six (6) feet are allowed. (Amended Ord. 386, 8/5/09) B. Fences located closer to the front property line than the principal structure, shall not exceed four (4) feet in height. In the RR Single -Family Rural Reserve, R-1 Single -Family Rural Residential and R-2 Single -Family Estate zoning districts, "ornamental fences", as defined in Section 12-2-2 of this title, of up to six (6) feet in height are permitted in all yards, provided the fence does not encroach upon the Clear View Triangle as defined in Section 12-2-2 of this code. (Amended Ord. 386, 8/5/09) CHAPTER 9 HOME OCCUPATIONS 12-9-12: FARM WINERIES: The following provisions shall apply to all farm wineries that are considered home occupations under the Conditional Use Permit process: Farm wineries which shall be allowed on 2'/z acre or larger parcels in the RR, R-1, R-2 and R-3 Zoning Districts. Chapter 12 RESIDENTIAL PERMITTED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES, P -Permitted Use R-1 Single Famil -Rural M-2 Multiple Dwelling PA- Permitted Accessory Use R-2 Single Family -Estate RRSinele Family Ruml Reserve C- Conditional Use SEE Foo MMS R-3 Single Family- Suburban X- Prohibited Use R4 Single Family- Urban PUD- Planned Unit Development R-5 Manufactured Homan I -Interim Use M-1 Multiple Dwelling- Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited RR R -t R-2 R-3 R4 s R-5 M-] M-2 WImIS Animal Therapy Facility -on properties larger than five acres in size C C C C X X X X Commercial animal training (2.5 acre minimum residential lot size) C C C C X X X X Commercial riding stables C C X X X X X X Dog kennel license - Private (2.5 acre minimum lot size required) in compliance with City Code 54A C C C C C C C C Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance with City Code 5-1A C C C C C C X X Domestic animals in compliance with City Code Title 5 PA PA PA PA PA PA PA PA Farm animals up to 5 per acre, plus one additional farm animal per acre above 5 acres on residential properties 5 acres or greater up to a maximum of 20 animals and definition under City Code 12-2 P P P P X X X X Farm animals greater than allowed as a permitted use on residential properties 5 acres or greater in compliance with City Code Title 5° and definition under City Code 12-2 C C C C X X X X Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted use that predates the adoption of this ordinance. X X X X X X X X Pleasuretrecreation animals on residential properties at least 2.5 acres in size in compliance with City Code Title 5 and definition under City Code 12-2 PA PA PA PA PA X X X Poultry on residential properties with neither municipal sewer or water in compliance with City Code Title 5 and definition under Cit Code 12-2 P P P P X X X X Dwellm>:s Accessory Dwelling Unit (ADU) C C X X X X X X Manufactured homes and modular homes, provided they are developed under a planned unit development and the complex is a minimum of twenty (20) acres in size X X X X X PUD X X Multiple dwellings X X X X X X PUD PUD Relocated dwelling units in compliance with City Code 9-11 C C C C C C C C Single-family residential buildings (detached) P P P P P PUD PUD PUD Single-family residential buildings (attached) and townhouses X X X X X X PUD PUD Temporary Family Health Care Facility X X X X X X X X Two-family home conversions (splits) in compliance with City Code 12-8-1 X X X X X X C C Home Occn ationc Home occupations within principal structure in compliance with City Code 12-9 PA PPA PA PA PA PA PA Home occupations in accessory structure on a parcel of land three (3) acres or larger utilizing an accessory structure and/or exterior storage in compliance with City Code 12-9 C C C C C C C C Barbershops and beauty salons C C C C C C C I C P -Permitted Use R-1- Single Family -Rural M-2- Multiple Dwelling Bed and breakfast C C C C C C X X Permitted- Permitted Accessorv. Conditions], Interim and Prohibited Uses Boarders or roomers, up to two persons, by a resident family, with no private R-1 R-2 R-3' R-4' RR R-5 M-1 M-2 cookingfacilities PA PA PA PA PA PA PA PA P Cabinet making(wood working (home occupation) in compliance with City C C X C C X X X Code 12-9 Group Homes as regulated by State Statute X X X X X P Commercial greenhouse C C C C X X X X PA Daycare Centers- Home Occupation (12 or fewer children) C P P P P P P P C Daycare Centers -Home Occupation (13 or more children) P C C C C C C C P -Permitted Use R-1- Single Family -Rural M-2- Multiple Dwelling PA- Permitted Accessory Use R-2- Single Family- Estate RR Single Famil Rural Reserve C- Conditions] Use' ssE Foo'mo'rss R-3- Single Family- Suburban X- Prohibited Use R4- Single Family- Urban PUD- Planned Unit Development R -S- Manufactured Housing I -Interim Use M-1- Multiple Dwelling- Low Density If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited Permitted- Permitted Accessorv. Conditions], Interim and Prohibited Uses R-1 R-2 R-3' R-4' RR R-5 M-1 M-2 Daycare Facility -Group Family P P P P P P P P Farm Wineries (subject to City Code 12-9-12) PA PA C C X X X X Group Homes as regulated by State Statute C C P P P P P P Office in compliance with City Code 12-9 C C PA PA PA PA PA PA Therapeutic massage establishment (as a home occupation offering on site massae services) as regulated by chapter 9 of this title and title 3, chapter 6 P P C C C C C C $Chools K-12 Schools P P P P P P X X Post -secondary Schools 1'A PA C C C C X X Schools exceeding height maximum up to 45 feet in height C C C C C C C C Subordinate Classroom Structures (when located on a licensed Primary and/or Secondary school property) C C I I I I I I Subordinate Classroom Structures (when located on a property where there is a church as the principal use) P P I I I I 1 I tiliti c Private utilities (gas, electric, phone, cable, etc) in Compliance with City Code 8-2 P P P P P P P P Private utility structures and/or uses (electrical transmission lines, gas pipelines, etc.) C C C C C C C C Public utility uses for local services P P P P P P P P other Agricultural uses- rural (outside MUSA bound only) P P P P X X X X Agricultural uses- urban P P P P P P P P Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9-12 C C C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12-3-5 C C C C C C C C Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12-8-5 C C X X X X X X Cam ounds, clubs and ranges, archeryranges, racetracks C C X X X X X X Cemeteries P P C C C C C C Churches C C C I C C C I X I X III Clubs and lodges C C C I C C C C C Crafts and antique businesses in buildings designated as historical sites by a count state or national) recognized historical organization X X X X X X X C Garages and Accessory Structures in compliance with City Code 12-6 PA PA PAI PA PA PA PA PA Golf courses and driving ranges C C C I C C C C C Highway construction materials (temporary rocessin and storage) I I I I I I I I 1 Marinas C C C I C C C C C Publicly owned and operated property except as herein amended P P P I P P P P P Resorts C C C I C X X X X Solar Energy Systems(ground mounted) subject to City Code 9-15 PA PA X I X X X X X Solar Energy Systems (roof mounted) subject to City Code 9-15 PA PA PA PA PA PA PA PA Swimming pools and recreation areas or structures PA PA PA PA PA PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residing or working in the vicinity X X X X X X X X Wind Energy Conversion Systems (WECS)-as defined in and in compliance with Title 9, Chapter 13 of this code. WECS are rohibited on WDE site. C C C C C C C C (Amended Ord. 8,10-21-1970; amd. Ord. 81J111J, 7-18-2002; Ord. 8000000, 8-5-2002; Ord.8000QQQ, 10-1-2002; Ord. 8RRRRRR, 10-1- 2002; amd. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; amd. Ord. 314 10-4-2005; amd. Ord. 385 7-21-09; amd. Ord. 388 10-20-09; amd. Ord. 3903-16-10; amd. Ord. 397 8-17-10; Amid. Ord. 404,1-18-11; Amd. Ord. 436,41-15-14; Amd. Ord. 463,6-21-16 I Conditional use permits for was not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12-15-6D of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter and shall be so designated. 3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10-4-2005) 4 Provided a minimum of twenty five thousand (25,000) square feet of retail Floor space is constructed, except as otherwise approved as part of a Planned Unit Development. 5 Loading berths prohibited in the LB district. 6 After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or larger. 7 See subsection 13-24 of this code for permitted, conditional, and prohibited uses in the AgP district. 8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 124-4. 9 Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation'. (Amended Ord. 421, 10-2.12) 10 From November 15th to January Ist continuous operation will be allowed in the General Business and Industrial Zoning District. (Amended Ord. 424, 11-7-12) fir. DRAFT A CHAPTER 13 PERFORMANCE STANDARDS 12-13-21: RESIDENTIAL BUILDING STANDARDS: All permitted residential structures in RR R-1, R-2, R-3, and R-4 zoning districts shall meet the following design criteria: A. All structures shall have permanent concrete or treated wood foundations that will anchor the structure, which comply with the State Building Code as adopted in Section 9-1-1 of this code and which are solid for the complete circumference of the house. Except, four -season porches may be constructed without the permanent foundation, provided the porch does not exceed a maximum coverage of twenty percent (20%) of the footprint of the habitable portion of the principal structure. B. Sixty percent (60%) of a residential structure shall have a minimum width of twenty-four feet (24'). Width measurements shall not take into account overhangs or other projections. Such width requirement shall be in addition to the minimum area per dwelling requirements of Section 12-3-5 of this title. C. Single-family dwellings other than approved earth sheltered homes shall have at least a 4:12 roof pitch and shall be covered with shingles or tiles. This requirement shall not apply to three -season porches, four -season porches, greenhouses and solariums, provided they meet the State Building Code and are approved by the Building Official. D. All single-family dwellings shall have roof overhangs that extend a minimum of one foot (1') from all the walls of the structure unless the style of the house dictates otherwise and said plan is approved by the Building Official prior to any permits being granted. E. All single-family structures must be built in conformance with Minnesota statutes sections 327.31 to 327.35 or the State Building Code as adopted in Section 9-1-1 of this code. F. Any metal siding upon single-family residential structures shall have horizontal edges and overlapping sections no wider than twelve inches (12"). Sheet metal siding shall not be permitted in such districts. G. All exterior construction, including finish and the final grading, shall be completed in accordance with plans and specifications within one year following date of permit issuance. All existing buildings not meeting the provisions of this title shall See also title 9, chapter 1 of this code. comply within one year following adoption of this title. (Amended Ord. 8, 10-21- 1970; amd. 2003 Code) 111039MMINI 10 -111110. •n-W TITLE 13 PLANNING AND DEVELOPMENT Subject Chapter Splitting Lots, Parcels Or Tracts Of Land Generally. 1A S littinq Lots, Parcels Or Tracts Of Land Within Rural Reserve.................................................1 B Agricultural Preservation............................................2 Planned Unit Development (PUD) .............................3 Shoreland Management.............................................4 Bluffland And Riverland Development ....................... 5 Buffer Strips And Standards For Protection Of Wetlands And Storm Water Ponds.......................6 CHAPTER 1 SPLITTING LOTS, PARCELS OR TRACTS OF LAND GENERALLY SECTION: 13-1A -1: Definition 13-1A -2: Minimum Lot Requirements 13-1A -3: Frequency Of Splitting Lots 13-1A -4: Application For Lot Split 13-1A -5: Fees 13-1A -6: Review And Recommendations 13-1A -7: Variances 13-1A -8: Compliance With Provisions 13-1A -9: Application And Term Of Provisions; Conflicts 13-1A -10: Enforcement And Penalty 13-1A-1: DEFINITION: A "lot split' is any division of a lot, parcel, or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. (Amended Ord. 40, 8-16-1977) 13-1A-2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. (Amended Ord. 40, 8-16-1977) 13-1A-3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8-16-1977) A. Exceptions. A lot split may be applied for within the three (3) year waiting period provided the following conditions are met: 1. The property owner has owned the property for more than five years. 2. A one year waiting period shall be required between splits. 3. A maximum of three lots shall be created including the original lot. 4. City infrastructure and utilities such as sanitary sewer, storm sewer, water main and streets are in place. 5. Grading, drainage and erosion control plans shall be prepared that properly address how drainage will be handled on the site as well as DRAFT A the affect on adjacent properties to the satisfaction of the City. (Amended 431, 10-15-13) 13-1A-4: APPLICATION FOR LOT SPLIT: The applicant shall provide the following information: A. The scale and north direction. B. Dimensions of the property. C. Names and locations of adjacent streets. D. Location of existing buildings on and within one hundred feet (100') of subject property. E. Current zoning and legal description. Sufficient proof that the lot has not been split within the last three (3) years. • -:7R.T.IT-T.t�r:S�i7T-'flhLi�LrSi7T7. #G. Such other information as may be required to fully represent the intent of the lot split. (Amended Ord. 40, 8-16-1977) 13-1A-5: FEES: A. There shall be a single charge as set forth by ordinance plus consultant's fees, if any, for a lot split application'. B. Where parkland was dedicated or a park fee paid at the time the original parcel was created, there shall be no park fee assessed or land dedicated at the time of the lot split application. If no park fees have been assessed nor land dedicated as above, the fee, as set forth by ordinance for each lot created under this chapter, may be assessed for park fees2. (Amended Ord. 40, 8-16-1977; amd. 2003 Code) 13-1A-6: REVIEW AND RECOMMENDATIONS: A. Planning And Zoning Commission Review: The proposed lot split shall first be presented to the Planning and Zoning Commission for its review and recommendation. Such recommendations shall consider land uses, traffic control, zoning regulation, future developments, and conformance with the ' See subsection 1-7-31-1 of this code. 2 See subsection 1-7-3G of this code. comprehensive development plan, and any other criteria deemed pertinent by the Planning and Zoning Commission. (Amended Ord. 40, 8-16-1977) B. Notice To Adjacent Property Owners: Upon receipt of an application for a lot split, the Community Development Director shall notify by mail all property owners within three hundred fifty feet (350') of the property of the date of the review of such lot split. (Amended Ord. 40, 8-16-1977; amd. 2003 Code) C. Planning And Zoning Commission Recommendation To City Council: The division of a lot may be recommended for approval; provided that such split is in conformance with the City Comprehensive Plan, does not interfere with orderly planning, is not contrary to the public interest and does not nullify the intent of this chapter. D. City Council Action: 1. Following review and recommendation by the Planning and Zoning Commission, the request for a lot split shall be placed on the agenda of the City Council in the following manner: a. Recommendations from the Planning and Zoning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. b. Recommendations from the Planning and Zoning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council at the third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning and Zoning Commission is made, in which case, the recommendation shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. 2. Within sixty (60) days following receipt of the proposed lot split from the Planning and Zoning Commission, the Council shall approve or disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the petitioner. E. Record Of Lot Split: The lot split, together with a certified copy of the resolution, shall thereafter be filed with the County Recorder's office. DR 1:I' A F. Time Limit On Implementing Lot Split: If the City Council determines that the conditions of approval are not met within twelve (12) months, the lot split will be null and void. (Amended Ord. 40, 8-16-1977) 13-1A-7: VARIANCES: Variances from the requirements of this title, Title 11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City Council as provided in City Code 12-14-7, except that any variance request shall be made as a part of the lot split approval process. (Amended Ord. 407, 6-21-11) 13-1A-8: COMPLIANCE WITH PROVISIONS: A. The effect of this chapter shall not work to preclude compliance with utilities hookup, payment of levied and pending assessments, and performance of any other requirements of the ordinances of the city. B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this chapter. C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey said parcel with the intent of evading the provisions of this chapter or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the city. (Amended Ord. 40, 8-16-1977) 13-1A-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS: A. This chapter shall apply to and govern the entire city during the period for which it is in effect. This chapter, during its effective period, shall replace and supersede provisions in all other ordinances and regulations applicable to the city which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this chapter shall continue in full force and effect. 13-1A-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. The lot as MUM wrMEMMMUMMEM 13-1A-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS: A. This chapter shall apply to and govern the entire city during the period for which it is in effect. This chapter, during its effective period, shall replace and supersede provisions in all other ordinances and regulations applicable to the city which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this chapter shall continue in full force and effect. 13-1A-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. The lot splitting not in accordance with the requirements of this chapter may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. (Amended Ord. 40, 8-16-1977) DRAFT A DRAFT A CHAPTER 1B SPLITTING LOTS, PARCELS OR TRACTS OF LAND WITHIN THE RURAL RESERVE DISTRICT SECTION: 13-113-1: Definition 13-1B-2: Minimum Lot Requirements 13-1 B-3: Frequency Of Splitting Lots 13-1 B-4: Application For Lot Split 13-1 B-5: Fees 13-1 B-6: Review And Recommendations 13-1 B-7: Variances 13-1 B-8: Compliance With Provisions 13-1B-9: Application And Term Of Provisions; Conflicts 13-1 B-10: Enforcement And Penalty 13-113-1: DEFINITION: A 'lot split' is any division of a lot, parcel, or tract of land into more than four (4) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. 13-1 B-2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. 13-1 B-3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. A. Exceptions. A lot split may be applied for within the three (3) year waiting period provided the following conditions are met: 1. The property owner has owned the property for more than five years. 2. A one year waiting period shall be required between splits. 3. A maximum of three lots shall be created including the original lot. 4. City infrastructure and utilities such as sanitary sewer, storm sewer, water main and streets are in place. 5. Grading, drainage and erosion control plans shall be prepared that properly address how drainage will be handled on the site as well as the affect on adjacent properties to the satisfaction of the City. (Amended 431, 10-15-13) DRAFT A DRAFT A 13-1 B-4: APPLICATION FOR LOT SPLIT: The applicant shall provide the following information: A. The scale and north direction. B. Dimensions of the property. C. Names and locations of adjacent streets. D. Location of existing buildings on and within one hundred feet (100') of subject property. E. Current zoning and legal description. F. Sufficient proof that the lot has not been split within the last three (3) years. G. Floodplain shall be identified if applicable within the lot(s) proposed to have a home. An overlay may be used on the remnant parcel. H. Existing topography shall be shown along with proposed grading of the site (if necessary). Light Detection And Ranging (LIDAR) contour information may be used for the remnant parcel. Wetland delineation for the lot(s) that intend to have homes located on them. National Wetland Information (NWI) is acceptable for the remnant parcel. J. When a lot split results in a lot less than 10 acres in size, the applicant shall restrict future development of homes through a development agreement until defined "triggers" are met such as urban services are available, rezoning of said parcel to a higher density, change in the comprehensive plan to a zoning district that would allow higher density, among other "triggers" as may be deemed appropriate by the City Council on the remnant parcel. K. Proof of sewerability for lots proposed to have home(s). L. Geotechnical Report. A standard geotechnical report with a history and recommendations regarding the sites. In addition, the report shall include SCS soil types, mottled soil elevations or highest anticipated water table, existing groundwater elevation, and soil borings to a minimum depth of 20 feet for the lots proposed to have homes on them. M. Other information may be required to fully represent the intent of the lot split. 13-1B-5: FEES: DRAFT A iT:7�Ti1I1 A. There shall be a single charge as set forth by ordinance plus consultant's fees, if any, for a lot split application'. B. Where parkland was dedicated or a park fee paid at the time the original parcel was created, there shall be no park fee assessed or land dedicated at the time of the lot split application. If no park fees have been assessed nor land dedicated as above, the fee, as set forth by ordinance for each lot created under this chapter, may be assessed for park fees2. 13-1 B-6: REVIEW AND RECOMMENDATIONS: A. If a parcel is greater than 35 acres and is described by the rectangular survey system as a quarter, quarter section, at the time of adoption of this ordinance then that quarter, quarter is eligible for 4 units. B. A parcel greater than 35 acres and described by the rectangular survey system as a quarter, quarter section, may be split into 4 equal parts anc shall not be required to restrict future development. C. Andover Review Committee (ARC): The proposed lot split shall first be reviewed by ARC. The applicant shall make modifications based upon ARC's comments and then resubmit for consideration at a Public Hearing for Planning and Zoning. D. Notice To Adjacent Property Owners: Upon receipt of a completed application for a lot split, the Community Development Director shall notify by mail all property owners within three hundred fifty feet (350') of the property of the date of the public hearing at the Planning Commission of such lot split. E. Planning And Zoning Commission Review: The Planning and Zoning Commission for its review and recommendation shall conduct a public hearing. Such recommendations shall consider land uses, traffic control, zoning regulation, future developments, and conformance with the comprehensive development plan, and any other criteria deemed pertinent by the Planning and Zoning Commission. D. Planning And Zoning Commission Recommendation To City Council: The Planning Commission shall hold a public hearing and provide for a recommendation to the City Council. The division of a lot may be recommended for approval; provided that such split is in conformance with the City Comprehensive Plan, does not interfere with orderly planning, is ' See subsection 1-7-3H of this code. 2 See subsection 1-7-3G of this code. not contrary to the public interest and does not nullify the intent of this chapter. E. City Council Action: 1. Following review and recommendation by the Planning and Zoning Commission, the request for a lot split shall be placed on the agenda of the City Council in the following manner: a. Recommendations from the Planning and Zoning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. b. Recommendations from the Planning and Zoning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council at the third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning and Zoning Commission is made, in which case, the recommendation shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. 2. Within sixty (60) days following receipt of the proposed lot split from the Planning and Zoning Commission, the Council shall approve or disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the petitioner. F. Record Of Lot Split: The lot split, any deed restrictions required, any easements required, together with a certified copy of the resolution, shall thereafter be filed with the County Recorder's office. G. Time Limit On Implementing Lot Split: If the City Council determines that the conditions of approval are not met within twelve (12) months, the lot split will be null and void. 13-1 B-7: VARIANCES: Variances from the requirements of this title, Title 11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City Council as provided in City Code 12-14-7, except that any variance request shall be made as a part of the lot split approval process. 13-1B-8: COMPLIANCE WITH PROVISIONS: A. The effect of this chapter shall not work to preclude compliance with utilities hookup, payment of levied and pending assessments, and DRAFT A DRAFT A performance of any other requirements of the ordinances of the city. B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this chapter. C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey said parcel with the intent of evading the provisions of this chapter or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the city. 13-16-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS: A. This chapter shall apply to and govern the entire city during the period for which it is in effect. This chapter, during its effective period, shall replace and supersede provisions in all other ordinances and regulations applicable to the city which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this chapter shall continue in full force and effect. 13-1 B-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. The lot splitting not in accordance with the requirements of this chapter may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. DRAFT A I.7:7_\�YII_� All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. The Zoning Ordinance will become valid once it is published in the City designated newspaper and the correlating Comprehensive Plan Amendment is approved by the Metropolitan Council. Adopted by the City Council of the City of Andover this 6th day of June, 2017. ATTEST: Michelle Hartner, City Clerk CITY OF ANDOVER Julie Trude, Mayor All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. The Zoning Ordinance will become valid once it is published in the City designated newspaper and the correlating Comprehensive Plan Amendment is approved by the Metropolitan Council. Adopted by the City Council of the City of Andover this 6th day of June, 2017. ATTEST: Michelle Hartner, City Clerk CITY OF ANDOVER Julie Trude, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12 ZONING REGULATIONS CHAPTER 3 ZONING DISTRICTS AND NIAP SECTION: 12-3-1: Purpose Of Zoning Districts 12-3-2: Zoning Districts Established 12-3-3: Purpose Of Each District 12-3-4: Zoning District Map 12-3-5: Minimum District Provisions 12-3-2: ZONING DISTRICTS ESTABLISHED: For the purpose of this title, the city is hereby divided into the following zoning districts: Symbol Name RR Single Family Rural Reserve R-1 Single Family Rural Residential R-2 Single Family Residential Estate R-3 Single Family Suburban Residential R-4 Single Family Urban Residential R-5 Manufactured Housing M-1 Multiple Dwelling Medium Density M-2 Multiple Dwelling AgP Agricultural Preserve GR General Recreation LB Limited Business NB Neighborhood Business u •7\MI111111 I:]CL\Mr: SC Shopping Center GB General Business Industrial CLR Closed Landfill Restricted 12-3-3: PURPOSE OF EACH DISTRICT: A. RR Single Family Rural Reserve: Rural Reserve District is approximately one thousand acres in size to accommodate future urban growth beyond the Previously planned Municipal Urban Service Area. This area is designated as an area of which is restricted from urban development until a master plan has been approved and municipal sewer and water can be constructed to serve the area. The city prohibits lot splits and subdivisions of less than one parcel per ten acres to prevent this area from rural residential development that would preclude orderly MUSA expansion. However, there are opportunities to allow for rural reserve lot splits of 5 acres minimum in situations which ensure that the majority of the residual land be preserved for future economical urban development as long as the provisions of the city codes are met. The intent of the ordinance is to allow subdivision of land while preserving residual land for future economical urban development. R-1 Single Family Rural Residential: 1. This district is intended to provide a residential atmosphere for those persons desiring to retain a large parcel of land. Such large lots are logical in areas where development into smaller lots would be difficult, or where public utilities will not be available in the foreseeable future. Furthermore, larger houses are more costly and require larger lots. Thus, to provide an area to accommodate those persons with the financial means to erect a large house, it is necessary to have an area of large lots. 2. Land which is wooded, or which has a changing topography, and low land which tends to be poor agriculturally is also the most expensive to develop for residential sites and, after development, the sites tend to be expensive to maintain. Such areas are the most interesting and most susceptible to large lot development. The district also is intended to preserve productive land for agricultural use. (Amended Ord. 314, 10-4-05) B. R-2 Single Family Residential Estate: This district is intended to provide a residential atmosphere for those persons desiring a single-family neighborhood with a suburban density. Lots in this district created after 1978 and without City sewer and water must be at least 2.5 acres. This zoning district was used for rural residential developments prior to 1978. No existing properties may be rezoned to R-2. (Amended Ord. 8, 10-21-1970; amd. 2003 Code, Amended Ord. 314 10-4-2005) C. R-3 Single Family Suburban Residential: This particular district is intended to satisfy those persons who prefer a medium sized lot. Lots in this district created after 1978 and without City sewer and water must be at least 2.5 acres. This zoning district was used for rural residential developments created before 1978. No existing properties may be rezoned to R-3. (Amended Ord. 314 10-4-2005) D. R-4 Single Family Urban Residential: This district represents urban density use by single-family detached dwellings. (Amended Ord. 314 10-4-2005) E. R-5 Manufactured Housing District: This district would permit all types of manufactured housing including manufactured homes and modular houses, provided public sewer and water is provided. (Amended Ord. 8, 10-21-1970) F. M-1 Multiple Dwelling Medium Density: This district is intended to provide a location for medium density attached dwelling units (townhouses) with private entrances. These areas may be transitional, however, the townhouse resident should have convenient access to all facilities provided for single-family neighborhoods. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 8, 10-21-1970; amd. 2003 Code, Amended Ord. 314 10-4-2005) G. M-2 Multiple Dwelling District: This district is intended to provide a location for all types of multiple dwellings. This district's location shall have convenient access to all facilities provided for neighborhoods, open space, and buffering from less intense uses. Access to an M-2 district shall be from a collector or arterial roadway. (Amended Ord. 314 10-4-2005) H. GR General Recreation District: This district is intended to provide a location for all types of commercial recreation uses such as golf driving ranges, outdoor theaters, racetracks, and snowmobile areas, most of which require large amounts of land and good separation from residential areas. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 314 10-4-2005) LB Limited Business District: This district is suitable only for commercial uses of a limited (less intense) nature. This may be due to the close proximity of residential uses. The LB district can be used as a transitional district or buffer between non -compatible uses such as intense commercial (GB) and low density residential uses. (Amended Ord. 314 10-4-2005) J. NB Neighborhood Business District: This district is used for retail sales and � services in such scale as to serve the surrounding neighborhood needs. Locations for Neighborhood Business districts are typically small plots in close proximity to or surrounded by residential areas. NB zoning districts do not require frontage on an arterial roadway and can be served by local and collector streets. However, this district shall not be served exclusively by local streets. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 314 10-4-2005) K. SC Shopping Center District: This zoning classification is reserved for modern retail shopping facilities of integrated design in appropriate locations. Locations for the SC district are larger plots that can accommodate more intensive retail development. Access shall be available from arterial roadways. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 314 10-4-2005) GB General Business District: These are areas containing a wide variety of business uses including retail, service and semi -industrial. As such, they may contain businesses that tend to serve other business and industry as well as those catering to shopper needs. M. I Industrial District: These are areas that have the prerequisites for industrial development, but because of proximity to residential areas or the need to protect certain areas or uses from adverse influences, high development standards will be necessary. I district uses include service industries and industries which manufacture, fabricate, assemble or store, where the process is not likely to create offensive noise, vibrations, dust, heat, smoke, odor, glare or other objectionable influences. Generally, those include wholesale, service and light industries that are dependent upon raw materials refined elsewhere. An industrial "park" which maintains high development standards would be zoned I. This district's location shall provide sufficient space for buffering from less intense uses. (Amended Ord. 8, 10-21-1970, Ord. 314 10-4-2005) N. CLR Closed Landfill Restricted: This district is intended to apply to former landfills and adjacent lands which are managed under the Closed Landfill Program of the Minnesota Pollution Control Agency (MPCA). The purpose of the district is to limit uses of land both actively filled and related lands, to minimal uses in order to protect the land from human activity where response action systems are in place. This district shall only apply to the former landfill and pertinent adjacent lands (the limits of which are defined by the MPCA). This district shall apply whether the landfill is in public (State, MPCA, County, City, Township), Indian tribal, or private owners. 11• 12.3.5: MINIMIM DISTRICT PROVISIONS RR -1 7 R-2 R-3 R-4 R-51 M-1 M-2 AgP GR LB NB SC GB I Lot area per dwelling unit (square feet) 1 -family homes 5 to 10 acres 2.5 acres 2.5 acres 2.5 acres 11,400 5,500 1 -family homes (lots created before 10117178) 1 acre 20,000 Single-family twin homes 6,000 5,000 Single-family attached 6,000 5,000 Apartments (lot area per unit in square feet) 1 -bedroom units 4,000 2 -bedroom units 5,000 Floor area per dwelling unit (square feet) See floor area definition for two story homes 1 -family homes 960 960 1,200 960 960 960 960 Single-family twin homes 960 960 Single-family attached 960 960 1 -bedroom apartment units 700 Each additional apartment bedroom (plus) 150 Lot dimensions RR R-1 R-2 R-3 R-4 R-51 M-1 M-2 AgP GR LB NB SC GB I Lot width -front setback line (feet) 300 300 300 300 80 150 150 300 120 100 150 200 100 100 Lot width (lots created before 10117178) 165 100 Lot width (feet) 1,320 Lot depth (feet) 150 150 150 150 130 1150 150 135 135 150 150 150 150 Minimum garage size 440 440 440 440 440 220+1 220+1 220 + 1 440 (square feet) prk spc ark spc prk spc Lot dimensions RR R-1 R-2 R-3 R-4 R-51 M-1 M-2 AgP GR LB NB SC GB I (continued) Nonresidential lot area 10 5 acres 1 acre 20,000 20,000 20,000 20,000 40 20,000 20,000 22,500 30,000 20,000 24,000 (acres or square feet) acres sf sf sf sf acres sf sf sf sf sf sf Minimum district size 2 acres 5 acres Principal structure height 35 35 35 35 35 35 35 35 35 35 45 45 45 (maximum) subject to City Code 12-3-5 8.6 Land coverage (maximum 20 20 20 30 30 20 30 30 Up to 40 Up to 40 Up to 40 Up to 40 Up to 50 percent of structures) Building setbacks? RR R-1 R-2 R-3 R-4 R-51 M-1 M-2 AgP GR LB NB SC GB I Any yard setback from 50 50 50 50 40 50 50 50 50 50 50 50 50 50 county road subject to City Code 12-5.41 Front yard setback (feet) 40 40 40 35 351 30 40 40 40 40 40 40 40 Side yard principal 10 10 10 10 10 20 30 10 104 104 104 104 104 structure setback from interior lot linea Side yard setback from 40 40 40 35 355 30 30 40 30 30 30 30 30 30 property line adjacent to street Attached residential 6 garage (over 20 feet wide) from interior lot line Rear yard setback 50 50 50 30 30 30 30 30 25 25 25 25 25 Rear yard setback for any 40 40 40 35 35 residential structure from prop. line adjacent to street Notes: 1. Allowed by Planned Unit Development only. 2. Unless existing structures would indicate a lesser setback to maintain uniformity. 3. An additional 5 -foot setback shall be added when plans for the principal structure accommodate an access for a deck. 4. See Section 12-5-3 of this title for setback adjacent to residential areas. DRAFT B 5. 25 feet if it is a back-to-back lot. 6. See City Code 12-13 for exceptions allowed as a Conditional Use 7. See also City Code 12-5-4 when less than minimum required right-of-way exists All setback measurements are from property lines. (Ord. 273, 9-2-2003; amd. Ord. 274, 9-2-2003; amd. Ord. 314,10-4-2005; Ord. 403,12-21-10; Amended Ord. 423,10-16-12) CHAPTER 7 FENCES AND WALLS 12-7-3: FENCE HEIGHT: A. In the rear and side yards up to the front fagade of the principal structure, fences up to a height of six (6) feet are allowed. (Amended Ord. 386, 8/5/09) B. Fences located closer to the front property line than the principal structure, shall not exceed four (4) feet in height. In the RR Single -Family Rural Reserve, R-1 Single -Family Rural Residential and R-2 Single -Family Estate zoning districts, "ornamental fences", as defined in Section 12-2-2 of this title, of up to six (6) feet in height are permitted in all yards, provided the fence does not encroach upon the Clear View Triangle as defined in Section 12-2-2 of this code. (Amended Ord. 386, 8/5/09) CHAPTER 9 HOME OCCUPATIONS 12-9-12: FARM WINERIES: The following provisions shall apply to all farm wineries that are considered home occupations under the Conditional Use Permit process: Farm wineries which shall be allowed on 2 Yz acre or larger parcels in the RR, R-1, R-2 and R-3 Zoning Districts, 1[ 7\ 111:3 Chapter 12 RESIDENTIAL PERMTrrED, PERMITTED ACCESSORY, CONDITIONAL, INTERIM AND PROHBrEED USFST P -Permitted Use R-1 Sin a Famil -Rural M-2 Multi le Dwellin PA -Permitted Accessory Use R-2 Single Family. Estate Sin le Famil Rural Reserve C -Conditional User sae FOOTNOTES R-3 Single Family- Suburban X -Prohibited Use RA Single Family- Urban PUD- Planned Unit Develo mens R-5 Manufactured Housin I- Interum Use M-1 Multiple Dwelling. Low Density If Use Not Spec Scally Listed or Provided for Elsewhere in the City Code, It Is Prohibited RR I R-1 R -2R-3 R-4 3 R-5 M-1 M-2 .ALIDIRIS Animal Therapy Facility -on properties larger than five acres in size -c--F C C X X X X Commercial animal training (2.5 acre minimum residential lot size) C I C C C X I X X X Commercial riding stables C C X X X X X X Dog kennel license - Private (2.5 acre minimum lot size required) in compliance with City Code 54A C C C C C C C C Dog kennel license - Commercial (minimum 2.5 acre lot size) in compliance with City Code 54A C C C C C C X X Domestic animals in compliance with City Code Title 5 PA PA PA PA PA PA PA PA Farm animals up to 5 per acre, plus one additional farm animal per acre above 5 acres on residential properties 5 acres or greater up to a maximum of 20 animalss and definition under City Code 12-2 p p P P X X X X Farre animals greater than allowed as a permitted use on residential properties 5 acres or greater in compliance with City Code Title 5' and definition under City Code 12-2 C C C C X X X X Feedlots, except Anoka Independent Grain and Feed Inc. which is a permitted use that predates the adoption of this ordinance. X X X X X X X X Pleasurelrecreation animals on residential properties at least 2.5 acres in size in compliance with City Code Title 5 and definition under City Code 12-2 PA PA PA PA PA X X X Poultry on residential properties with neither municipal sewer or water in compliance with Ci Code Title 5 and definition under City Code 12-2 P P p p X X X X Dwells Accessory Dwelling Unit (ADU) C C X X X X X X Manufactured homes and modular homes, provided they are developed under a planned unit development and the complex is a minimum of twenty (20) acres in size X X X X X PUD X X Multiple dwellings Relocated dwelling units in compliance with City Code 9-11 Single-family residential buildings (detached) X C P X C P X C P X C P X C P X C PUD PUD C PUD PUD C PUD Single-family residential buildings (attached) and townhouses X X X X X X PUD PUD Temporary Family Health Care Facility XA X X X X X X X Two-family home conversions (splits) in compliance with City Code 12-8-1 X X X X X X C C orne 0U rpationc Home occupations within principal structure in compliance with City Code 12-9 PA P PA PA PA PA PA PA Home occupations in accessory structure on a parcel of land three (3) acres or larger utilizing an accessory structure and/or exterior storage in compliance with City Code 12-9 C C C C C C C C Rarbersho s and bea!L salons C C C C C C C C P -Permitted Use a Famil -Rural -2- Mufti Ie Dwellin breakfast C C C C C C X X or roomers, up to two persons, by a resident family, with no private acilities PA P PA PA PA PA PA PA Daycare Facility -Group Family aking/wood working (home occupation) in compliance with City 9 MDaycuc C C X X X X X X Farm Wineries (subject to City Code 12-9-12) ial greenhouse C C C C X X X X Group Homes as regulated by State Statute enters- Home Occu anon (12 or fewer children) C P P P P P P P Office in compliance with City Code 12-9 enters -Home Occupation (13 or more children) Ei P C C C C C C C P -Permitted Use a Famil -Rural -2- Mufti Ie Dwellin PA- Permitted Accessory Use a Family- Estate R Sin le Famil - Rural Reserve C -Conditional Use' srzroomons Family -Suburban EM X- Prohibited Use e Family- Urban MDensity PUD- Planned Unit Developmentfactured Housing I-InterimUse iple Dwelling- Low If Use Not Specifically Listed or Provided for Elsewhere in the City Code, It Is Prohibited RR R -I R-2 R-3' R-4 a R-5 M-1 M-2 Daycare Facility -Group Family P P P P P P P P Farm Wineries (subject to City Code 12-9-12) PA PA C C X X X X Group Homes as regulated by State Statute C C P P P P P P Office in compliance with City Code 12-9 C C PA PA PA PA PA PA Therapeutic massage establishment (as a home occupation offering on site massae services) as re lated by chapter 9 of this title and title 3, chapterb p P C C C C C C Schools K-12 Schools P P P P P P X X Post -secondary Schools pq pp C C C C X X Schools exceeding height maximum up to 45 feet in height C C C C C C C C Subordinate Classroom Structures (when located on a licensed Primary and/or Secondary schoolproperty) C C I I [ I I I Subordinate Classroom Structures (when located on a property where there is a church as the principal use) P P I 1 I I I I [ ttlttt c Private utilities (gas, electric, phone, cable, etc) in Compliance with City Code 8-2 P P P P P P P P Private utility structwes and/or uses (electrical transmission lines, gas pipelines, etc.) C C C C C C C C Public utility uses for local services p P P P P p p p other Agricultural uses- rural (outside MUSA bound onl) P P P P X X X X Agricultural uses- urban P P P P P P P P Antennas in excess of thirty-five feet (35') in height in compliance with City Code 9-12 C C C C C C C C Buildings (Principal) exceeding height maximum subject to City Code 12-3-5 C C C C C C C C Bulk fuel storage (tanks greater than 1,000 gallon storage capacity) in compliance with City Code 12-8-5 C C X X X X X X Campgrounds clubs and ranges, archeEy ranges, racetracks C C X X X 1 X X 1 X Cemeteries P P C C C C C C Churches C C C C C I C I X I X led es C C C C C C C C d antique businesses in buildings designated as historical sites by a ate or national) reco ized historical or anization X X X X X X X C nd Acceso Structures in com liance with Ci Code 12-6 Wcourses PA PA PA PA PA PA PA Pp ses and drivin ran es C C C C C C C C construction materials (em orocesin and store e I I I I C C C C C C C wned and o erated ro erty except as herein amended P P P P p p p P Resorts C C C C X X X X Solar EnergyS stems ( oand mounted subject to Ci Code 9-15 PA PA X X X X X X Solar Energy Systems (roof mounted) subject to City Code 9-15 PA PA PA PA PA PA PA PA Swimming pools and recreation areas or structure PA PA PA pp pp PA PA PA Uses which may be detrimental to the health, safety, and welfare of persons residing or workinE in the vicinity X X X X X X X X Wind Energy Conversion Systems (WECS)-as defined in and in compliance with Tide 9, Chapter 13 of this code. WECS areprohibited on WDE site. C C C C C C C C (Amended Ord. 8, 10-21-1970; amd. Ord. 81JJJJJ, 7-18-2002; Ord. 8000000, 8-5-2002; Ord.8000QQQ, 10-1-2002; Ord. 8RRRRRR, 10-1- 2002; amd. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; amd. Ord. 314 10-4-2005; amd. Ord. 385 7-21-09; amd. Ord. 388 10-20-09; amd. Ord. 390 3-16-10; amd. Ord. 397 8-17-10; Amd. Ord. 404, 1-18-11; Amd. Ord. 436,4-15-14; Amd. Ord. 463,6-21-16 I Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said uses are similar in character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses by districts except by conditional use permit and in accordance with the criteria as stated in subsection 12-15-6D of this title. 2 Private sewer and water systems shall only be permitted on every other lot, or no more frequently than one private system for each forty thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is adopted. On each new plat, the lots are to be developed in accordance with this chapter and shall be so designated. 3 Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and water is not available. (Amended Ord. 314, 10-4-2005) 4 Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise approved as par of a Planned Unit Development. 5 Loading berths prohibited in the LB district. 6 After a minimum of two thousand (2,000) square feel of retail floor space is constructed, provided the site is two (2) acres or larger. 7 See subsection 13-24 of this code for permitted, conditional, and prohibited uses in the AgP district. 8 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4-4. 9 Sec 12-2-2 for definitions of "Continuous Operation and Non -continuous Operation'. (Amended Ord. 421, 10-2-12) 10 From November 15th to January I st continuous operation will be allowed in the General Business and industrial Zoning District. (Amended Ord. 424, 11-7-12) It • CHAPTER13 PERFORMANCE STANDARDS 12-13-21: RESIDENTIAL BUILDING STANDARDS: All permitted residential structures in RR R-1, R-2, R-3, and R4 zoning districts shall meet the following design criteria: A. All structures shall have permanent concrete or treated wood foundations that will anchor the structure, which comply with the State Building Code as adopted in Section 9-1-1 of this code and which are solid for the complete circumference of the house. Except, four -season porches may be constructed without the permanent foundation, provided the porch does not exceed a maximum coverage of twenty percent (20%) of the footprint of the habitable portion of the principal structure. B. Sixty percent (60%) of a residential structure shall have a minimum width of twenty-four feet (24'). Width measurements shall not take into account overhangs or other projections. Such width requirement shall be in addition to the minimum area per dwelling requirements of Section 12-3-5 of this title. C. Single-family dwellings other than approved earth sheltered homes shall have at least a 4:12 roof pitch and shall be covered with shingles or tiles. This requirement shall not apply to three -season porches, four -season porches, greenhouses and solariums, provided they meet the State Building Code and are approved by the Building Official. D. All single-family dwellings shall have roof overhangs that extend a minimum of one foot (1') from all the walls of the structure unless the style of the house dictates otherwise and said plan is approved by the Building Official prior to any permits being granted. E. All single-family structures must be built in conformance with Minnesota statutes sections 327.31 to 327.35 or the State Building Code as adopted in Section 9-1-1 of this code. F. Any metal siding upon single-family residential structures shall have horizontal edges and overlapping sections no wider than twelve inches (12"). Sheet metal siding shall not be permitted in such districts. G. All exterior construction, including finish and the final grading, shall be completec in accordance with plans and specifications within one year following date of permit issuance. All existing buildings not meeting the provisions of this title shall See also title 9, chapter 1 of this code. We: : comply within one year following adoption of this title. (Amended Ord. 8, 10-21- 1970; amd. 2003 Code) 1113t"wli: TITLE 13 PLANNING AND DEVELOPMENT Subject Chapter Splitting Lots, Parcels Or Tracts Of Land Generally. 1A Splitting Lots, Parcels Or Tracts Of Land Within Rural Reserve.................................................1B Agricultural Preservation............................................2 Planned Unit Development (PUD) .............................3 Shoreland Management.............................................4 Bluffland And Riverland Development .......................5 Buffer Strips And Standards For Protection Of Wetlands And Storm Water Ponds.......................6 17:: : CHAPTER 1A SPLITTING LOTS, PARCELS OR TRACTS OF L4ND GENERALLY SECTION: 13-1A -1: Definition 13-1A -2: Minimum Lot Requirements 13-1A -3: Frequency Of Splitting Lots 13-1A -4: Application For Lot Split 13-1A -5: Fees 13-1A -6: Review And Recommendations 13-1 A_ -7: Variances 13-1A -8: Compliance With Provisions 13-1A -9: Application And Term Of Provisions; Conflicts 13-1A -10: Enforcement And Penalty 13-1A-1: DEFINITION: A "lot split' is any division of a lot, parcel, or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. (Amended Ord. 40, 8-16-1977) 13-1A-2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the.zoning district wherein the lot is located. (Amended Ord. 40, 8-16-1977) 13-1A-3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8-16-1977) A. Exceptions. A lot split may be applied for within the three (3) year waiting period provided the following conditions are met: 1. The property owner has owned the property for more than five years. 2. A one year waiting period shall be required between splits. 3. A maximum of three lots shall be created including the original lot. 4. City infrastructure and utilities such as sanitary sewer, storm sewer, water main and streets are in place. 5. Grading, drainage and erosion control plans shall be prepared that properly address how drainage will be handled on the site as well as the affect on adjacent properties to the satisfaction of the City. U:: : (Amended 431, 10-15-13) 13-1A-4: APPLICATION FOR LOT SPLIT: The applicant shall provide the following information: A. The scale and north direction. B. Dimensions of the property. C. Names and locations of adjacent streets. D. Location of existing buildings on and within one hundred feet (100') of subject property. E. Current zoning and legal description. F. Sufficient proof that the lot has not been split within the last three (3) years. G. A Inst of the pFE)Pehy E) 8Fs w'fti R +tipP-e ti RGIFed f #y feet (350') „f the i„r &Ot- #G. Such other information as may be required to fully represent the intent of the lot split. (Amended Ord. 40, 8-16-1977) 13-1A-5: FEES: A. There shall be a single charge as set forth by ordinance plus consultant's fees, if any, for a lot split application'. B. Where parkland was dedicated or a park fee paid at the time the original parcel was created, there shall be no park fee assessed or land dedicated at the time of the lot split application. If no park fees have been assessed nor land dedicated as above, the fee, as set forth by ordinance for each lot created under this chapter, may be assessed for park feesz. (Amended Ord. 40, 8-16-1977; amd. 2003 Code) 13-1A-6: REVIEW AND RECOMMENDATIONS: A. Planning And Zoning Commission Review: The proposed lot split shall first be presented to the Planning and Zoning Commission for its review and recommendation. Such recommendations shall consider land uses, traffic control, zoning regulation, future developments, and conformance with the comprehensive development plan, and any other criteria deemed pertinent 1 See subsection 1-7-3H of this code. 2 See subsection 1-7-3G of this code. M by the Planning and Zoning Commission. (Amended Ord. 40, 8-16-1977) B. Notice To Adjacent Property Owners: Upon receipt of an application for a lot split, the Community Development Director shall notify by mail all property owners within three hundred fifty feet (350') of the property of the date of the review of such lot split. (Amended Ord. 40, 8-16-1977; amd. 2003 Code) C. Planning And Zoning Commission Recommendation To City Council: The division of a lot may be recommended for approval; provided that such split is in conformance with the City Comprehensive Plan, does not interfere with orderly planning, is not contrary to the public interest and does not nullify the intent of this chapter. D. City Council Action: 1. Following review and recommendation by the Planning and Zoning Commission, the request for a lot split shall be placed on the agenda of the City Council in the following manner: a. Recommendations from the Planning and Zoning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. b. Recommendations from the Planning and Zoning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council at the third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning and Zoning Commission is made, in which case, the recommendation shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. 2. Within sixty (60) days following receipt of the proposed lot split from the Planning and Zoning Commission, the Council shall approve or disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the petitioner. E. Record Of Lot Split: The lot split, together with a certified copy of the resolution, shall thereafter be filed with the County Recorder's office. F. Time Limit On Implementing Lot Split: If the City Council determines that the conditions of approval are not met within twelve (12) months, the lot split will be null and void. (Amended Ord. 40, 8-16-1977) DRAFT B 13-1A-7: VARIANCES: Variances from the requirements of this title, Title 11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City Council as provided in City Code 12-14-7, except that any variance request shall be made as a part of the lot split approval process. (Amended Ord. 407,6-21-11) 13-1A-8: COMPLIANCE WITH PROVISIONS: A. The effect of this chapter shall not work to preclude compliance with utilities hookup, payment of levied and pending assessments, and performance of any other requirements of the ordinances of the city. B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this chapter. C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey said parcel with the intent of evading the provisions of this chapter or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the city. (Amended Ord. 40, 8-16-1977) ■ \R7t1.T.Ktlf'P.T.T.S�CT.T.'WIN _ _ _ 101's 13-1A-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS: A. This chapter shall apply to and govern the entire city during the period for which it is in effect. This chapter, during its effective period, shall replace and supersede provisions in all other ordinances and regulations applicable to the city which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this chapter shall continue in full force and effect. 13-1A-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. The lot splitting not in accordance with the requirements of this chapter may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. (Amended Ord. 40, 8-16-1977) CHAPTER 1B SPLITTING LOTS, PARCELS OR TRACTS OF LAND WITHIN THE RURAL RESERVE DISTRICT SECTION: 13-1 B-1: Definition 13-1B-2: Minimum Lot Requirements 13-1 B-3: Frequency Of Splitting Lots 13-1 B-4: Application For Lot Split 13-1 B-5: Fees 13-1 B-6: Review And Recommendations 13-1 B-7: Variances 13-1B-8: Compliance With Provisions 13-1 B-9: Application And Term Of Provisions; Conflicts 13-1 B-10: Enforcement And Penalty 13-113-1: DEFINITION: A "lot split' is any division of a lot, parcel, or tract of land into more than four (4) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. 13-1 B-2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. 13-1 B-3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. A. Exceptions. A lot split may be applied for within the three (3) year waiting period provided the following conditions are met: 1. The property owner has owned the property for more than five years. 2. A one year waiting period shall be required between splits. 3. A maximum of three lots shall be created including the original lot. 4. City infrastructure and utilities such as sanitary sewer, storm sewer, water main and streets are in place. 5. Grading, drainage and erosion control plans shall be prepared that properly address how drainage will be handled on the site as well as the affect on adjacent properties to the satisfaction of the City. (Amended 431, 10-15-13) FBI Wk.VM I i DRAFT B 13-1 B-4: APPLICATION FOR LOT SPLIT: The applicant shall provide the following information: A. The scale and north direction. B. Dimensions of the property. C. Names and locations of adjacent streets. D. Location of existing buildings on and within one hundred feet (100') of subject property. E. Current zoning and legal description. F. Sufficient proof that the lot has not been split within the last three (3) years. G. Floodplain shall be identified if applicable within the lot(s) proposed to have a home. An overlay may be used on the remnant parcel. H. Existing topography shall be shown along with proposed grading of the site (if necessary). Light Detection And Ranging (LIDAR) contour information may be used for the remnant parcel. Wetland delineation for the lot(s) that intend to have homes located on them. National Wetland Information (NWI) is acceptable for the remnant parcel. J. When a lot split results in a lot less than 10 acres in size, the applicant shall restrict future development of homes through a development agreement until defined "triggers" are met such as: urban services are available, rezoning of said parcel to a higher density, change in the comprehensive plan to a zoning district that would allow higher density, among other "triggers" as may be deemed appropriate by the City Council on the remnant parcel. K. Proof of sewerability for lots proposed to have home(s). L. Geotechnical Report. A standard geotechnical report with a history and recommendations regarding the sites. In addition, the report shall include SCS soil types, mottled soil elevations or highest anticipated water table, existing groundwater elevation, and soil borings to a minimum depth of 20 feet for the lots proposed to have homes on them. M. Other information may be required to fully represent the intent of the lot split. 13-1B-5: FEES: I1lt7\Mr.1 I11:7aN111111:' A. There shall be a single charge as set forth by ordnance plus consultant's fees, if any, for a lot split application'. B. Where parkland was dedicated or a park fee paid at the time the original parcel was created, there shall be no park fee assessed or land dedicated at the time of the lot split application. If no park fees have been assessed nor land dedicated as above, the fee, as set forth by ordinance for each lot created under this chapter, may be assessed for park fees2. 13-1B-6: REVIEW AND RECOMMENDATIONS: A. If a parcel is greater than 35 acres and is described by the rectangular survey system as a quarter, quarter section, at the time of adoption of this ordinance then that quarter, quarter is eligible for 4 units. B. A parcel greater than 35 acres and described by the rectangular survey system as a quarter, quarter section, may be split into 4 equal parts and shall not be required to restrict future development. C. Splits that do not create parcels less than 10 acres in size, and do not require public improvements (i.e. new roadways, construction of roadways) shall not be required to a public hearing process, Planning Commission Review, or City Council Review. D. Andover Review Committee (ARC): All proposed lot splits shall first be reviewed by ARC. The applicant shall make modifications based upon ARC's comments and then resubmit for consideration at a Public Hearing for Planning and Zoning. For splits that do not create parcels less than 10 acres in size, and do not require public improvements (i.e. new roadways, construction of roadways) ARC shall provide approval or denial of said splits. E. Notice To Adjacent Property Owners: Upon receipt of a completed application for a lot split, the Community Development Director shall notify by mail all property owners within three hundred fifty feet (350') of the property of the date of the public hearing at the Planning Commission of such lot split. F. Planning And Zoning Commission Review: The Planning and Zoning Commission for its review and recommendation shall conduct a public hearing. Such recommendations shall consider land uses, traffic control, See subsection 1-7-3H of this code. z See subsection 1-7-3G of this code. 1A7:7_\:YIF:1 DRAFT B zoning regulation, future developments, and conformance with the comprehensive development plan, and any other criteria deemed pertinent by the Planning and Zoning Commission. D. Planning And Zoning Commission Recommendation To City Council: The Planning Commission shall hold a public hearing and provide for a recommendation to the City Council. The division of a lot may be recommended for approval; provided that such split is in conformance with the City Comprehensive Plan, does not interfere with orderly planning, is not contrary to the public interest and does not nullify the intent of this chapter. E. City Council Action: 1. Following review and recommendation by the Planning and Zoning Commission, the request for a lot split shall be placed on the agenda of the City Council in the following manner: a. Recommendations from the Planning and Zoning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. b. Recommendations from the Planning and Zoning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council at the third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning and Zoning Commission is made, in which case, the recommendation shall be placed on the agenda of the City Council at the first Tuesday meeting of the following month. 2. Within sixty (60) days following receipt of the proposed lot split from the Planning and Zoning Commission, the Council shall approve or disapprove by resolution. If approved, a certified copy of the resolution approving the lot split shall be forwarded to the petitioner. F. Record Of Lot Split: The lot split, any deed restrictions required, any easements required, together with a certified copy of the resolution, shall thereafter be filed with the County Recorder's office. G. Time Limit On Implementing Lot Split: If the City Council determines that the conditions of approval are not met within twelve (12) months, the lot split will be null and void. DRAFT B 13-1 B-7: VARIANCES: Variances from the requirements of this title, Title 11: Subdivision Regulations, and Title 12: Zoning Regulations, may be granted by the City Council as provided in City Code 12-14-7, except that any variance request shall be made as a part of the lot split approval process. 13-1B-8: COMPLIANCE WITH PROVISIONS: A. The effect of this chapter shall not work to preclude compliance with utilities hookup, payment of levied and pending assessments, and performance of any other requirements of the ordinances of the city. B. The owner, or agent of owner, of any parcel shall not divide any lot or parcel for the purpose of sale, transfer, or lease with the intent of evading the provisions of this chapter. C. The owner, or agent of owner, of any parcel shall not sell or otherwise convey said parcel with the intent of evading the provisions of this chapter or circumventing attempts to plat acreage or otherwise subdivide tracts of land within the city. 13-1B-9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS: A. This chapter shall apply to and govern the entire city during the period for which it is in effect. This chapter, during its effective period, shall replace and supersede provisions in all other ordinances and regulations applicable to the city which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this chapter shall continue in full force and effect. 13-1 B-10: ENFORCEMENT AND PENALTY: Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. The lot splitting not in accordance with the requirements of this chapter may be enforced by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. All other Titles, Chapters and Sections of the City Code shall remain as written and adopted by the Andover City Council. The Zoning Ordinance will become valid once it is published in the City designated newspaper and the correlating Comprehensive Plan Amendment is approved by the Metropolitan Council. Adopted by the City Council of the City of Andover this 6th day of June, 2017 ATTEST: Michelle Hartner, City Clerk CITY OF ANDOVER Julie Trude, Mayor GG Meeting Minutes March 21, 2017 Regular Andover City Council Meeting Minutes —March 21, 2017 Page 2 carried unanimously. March 7, 2016, Workshop Meeting: Correct as written. Mayor Trude asked staff to confirm the accuracy. Mr. Dickinson confirmed the minutes reflected the discussion at the meeting regarding edits to the upcoming survey. Motion by Bukkila, Seconded by Knight, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Resolution Removing No Parking Signs Along 16811, Lane NW (See Resolution R022-17) Item 4 Approve No Parking Resolution/16811i Lane NW/MSA Street Reconstruction Project/17- 11 (See Resolution R023-17) Item 5 Declare Surplus Equipment Item 6 Approve Agreement/17-12/Reconstruction of 133rd Ave. NW (West of Crooked Lake Blvd. NW) Motion by Goodrich, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT Commander Brian Podany gave the monthly Sheriff's report. With the warmer weather, Commander Podany encouraged residents to be vigilant and to call 911 when they see anything suspicious and to provide a description of potential suspects and vehicles. He also reminded the public about the road closure on Bunker Lake Boulevard. Councilmember Holthus arrived at 7:14 p.m. ANDOVER COMPREHENSIVE PLAN AMENDMENT — RURAL RESERVE RESIDENTIAL LAND USE DENSITY CHANGES At the October 25, 2016, City Council workshop, the Council discussed a Comprehensive Plan Amendment (CPA) by Jake and Jon Packer to allow the subdivision of land within the Rural Reserve District into parcels smaller than what is currently allowed in the Comprehensive Plan. City Council provided direction to staff to proceed with a CPA and ordinance to address future development within the Rural Reserve area. At the February 28, 2017, City Council workshop staff provided conceptual changes to the City Council and the City Council supported the changes. The Rural Reserve District was designated as an area to accommodate future urban growth beyond the planned Municipal Urban Service Regular Andover City Council Meeting Minutes —March 21, 2017 Page 3 Area (MUSA). Lot splits of less than one unit/house per 20 acres and subdivisions of less than 1 unit/house per 40 acres is prohibited to prevent this area from rural residential development that would preclude orderly MUSA expansion. The City has reached an agreement with the Metropolitan Council that areas designated for residential development in the Rural Reserve will be developed at 3 units/houses per net acre once MUSA is available. The Met Council supports densities of 1 unit/house per 10 acres in the rural reserve area. Density beyond this is supported by Met Council; however, it requires provisions such as an ordinance to allow for future wastewater service at a minimum density of 3 units/houses per acre. Staff is proposing to retain a density of 1 unit/house per 10 acres; however, with the adoption of an ordinance the minimum lot size may be reduced to 5 acres as long as the provisions in the ordinance are addressed at the time of the lot split or subdivision. Planning tools that would need to be considered in the ordinance include requirements of build -out plans (ghost platting), the location of building pads that allow for future subdivision of the land into urban lots, and the use of deed restrictions, easements, and/or covenants to protect the remaining land for future development. The intent of the ordinance is to allow subdivision of land while preserving the land for future urban development. The Planning and Zoning Commission held a public hearing on March 14, 2017. There were public comments that are available for review in the draft minutes of that meeting. Andover resident, Mr. Chadwick, Jr., was not in attendance, but he submitted an email with his comments that became part of the public record. The Commission recommended approval of the CPA request with a 5 - 0 vote (2 absent). City staff recommends the City Council consider the proposed CPA. If approved by the City Council the amendment will be forwarded to the Metropolitan Council for their formal approval. Mr. Janish reviewed the staff report with the Council. Mayor Trude asked Mr. Janish to address the next step, will that be the zoning code revisions. Mr. Janish replied the next step is to go to Metropolitan Council for their approval. Part of the review process will be for staff to describe the provision for adequate roadways, water, sewer, and consideration of future right-of-ways. The desire is to allow use of the property today as well as to preserve the area for urban growth at a future date. Mayor Trude noted an email had been received from Bob and Mary Harrell. It expressed concerns related to: few options for development of utilities, keeping enough acreage for buffering from rural to urban, and more density being forced upon the remaining parcels - while supporting the owner's ability to develop the land. The City will reserve the right to commit or take easements for utilities and roads according to the Master Plan, which has relevance to the other 20 acres. Mr. Janish reminded the Council this is the first step in a two-step process, and even with Metropolitan Council approval it will not be effective until the City has the new ordinance Regular Andover City Council Meeting Minutes — March 21, 2017 Page 4 language in place. Preservation of the 20 acres for future development remains important. Councilmember Holthus asked if there is a problem with the proposed timeline in working with the Metropolitan Council. Mr. Janish indicated other cities are doing something similar and staff had been working closely with the City's Met Council Representative, so we expect a smooth process. Councilmember Knight asked if an overlay is available for viewing. Mr. Janish responded it is not available at this time. He pointed to where the lots would be on the available map. Councilmember Goodrich stated he supports residents being able to do what they want on their own property; therefore, he would like to support this proposal. Mayor Trude commented this property is multi -generational land, and is tied up by regulations. She expressed her desire to look at the big picture and individual property owner rights. Mr. Janish indicated ghost platting would be done as part of the review process for the new lots. Mayor Trude pointed out that sewer is already planned and access would be about 2 miles from this property. Motion by Bukkila, Seconded by Goodrich, to approve Resolution No. R024-17, amending the comprehensive land use plan of the City of Andover to include the following: within the Rural Reserve residential land use to allow one unit per ten acres with the opportunity to allow one unit per five acres with the compliance of ordinance provisions as proposed. Motion carried unanimously. CONSIDER RECOMMENDATION FOR APPOINTMENT/COON CREEK WATERSHED DISTRICT VACANCY Mr. Dickinson reported no applications were received. The Council discussed the appointment. Mr. Dickinson said no action can be taken because the City must send 3 recommendations in order to be considered. No action needed to be taken. ADMINISTRATOR'S REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development/CIP projects, and meeting reminders/community events. (New Homes) Mr. Dickinson reported there have been 19 new home permits and 5 in for review for a total of 24 this year, which is a good start. CC Workshop Meeting Minutes March 28, 2017 ANDOVER CITYCOUNCIL WORKSHOP MEETING—MARCH 28, 2017 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Julie Trude, March 28, 2017, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Valerie Holthus and James Goodrich Councilmember absent: None Also present: City Administrator, Jim Dickinson Community Development Director, Joe Janish Associate Planner, Dan Krumwiede Public Works Director/City Engineer, David Berkowitz Planning & Zoning Commission Acting Chair, Kyle Nemeth Planning & Zoning Commissioner, Steve Peterson Planning & Zoning Commissioner, Scott Hudson Planning & Zoning Commissioner, Bert Koehler Planning & Zoning Commissioner, Jeffrey Sims Others JOINT MEETING WITH PLANNING & ZONING COMMISSION a. Zoning Text Amendment Rural Reserve Mr. Janish stated on March 21, 2017, City Council approved the Comprehensive Plan Amendment (CPA) for the Rural Reserve area. Staff is in the process of submitting the CPA request to the Met Council for formal approval. The CPA will allow land owners within the Rural Reserve area the opportunity to subdivide land at a density of no more than 4 units per 40 acres. He noted landowners will have two options. Mr. Janish reviewed the two different options and indicated they have the ability to go with option one but option two is typically supported by the Met Council. He noted option one is more restrictive than what the Met Council allows for because they are preserving the rest of the land. Mr. Janish indicated staff would like to get some feedback from both the City Council and Planning and Zoning Commission to get some direction on the development of the zoning text amendment. Mr. Janish stated current city code regulations do not require a public hearing for metes and bounds lot splits of 5 acres or more. Staff would like to know if a public hearing should be Andover City Council Workshop Meeting Minutes —March 28, 2017 Page 2 required for lot splits within the Rural Reserve area or should the lot split approvals come through the Planning and Zoning Commission and City Council without a public hearing. Councilmember Bukkila asked how frequently someone could do a lot split. If they do one lot split is that all they can do or do they have to wait a certain period of time before doing another one. Mr. Janish stated under their current ordinance it is a three year time period or can be done in one year if a plat is done. He stated they do have some flexibility as far as the text amendment goes, if they wanted to designate it to one lot split the Council could do that. Councilmember Bukkila indicated she did not like that. Mayor Trude thought this would open up the whole fringe issue and would chip away at the edges of the Rural Reserve without a master plan. Commissioner Kohler agreed and stated it is not just the chip away but it is also about what the master plan will be going forward. He understood this area is supposed to be reserved for future urban development and if that is the case they probably want to make sure that what is being done and how it is being split allows them to move forward in the future with whatever the City Comprehensive Plan recommends. It gives them the chance to review it and talk about it and apply a little bit of common sense. He is not looking to make really strict rules but wants to leave the possibilities open in the future for what the City needs to do. Mayor Trude agreed. Commissioner Peterson asked if there is a difference between the notifications of local property owners versus going through the whole process. Can people be notified and have a chance to review it without going through the Planning and Zoning Commission, staff and City Council. Still an opportunity for the property owners to find out what is coming their direction in their area. Mr. Janish stated that is typically considered a neighborhood meeting and sometimes a developer holds that meeting or City staff conducts the meeting to take notes as part of that process. He thought if they were going to notify individuals of the meetings then maybe there should be the public hearing process, follow that and then if there is some legality they can say they followed a certain standard and gave a ten-day proper notice, advertised in the paper and worse case, through the public hearing process you are going to notify more people, which is not necessarily a bad thing. Mayor Trude asked how many people were notified with the one that came through for the Packer family. Mr. Janish stated with the Comprehensive Plan Amendment they went 750 feet outside of the Rural Reserve boundary and there where about 130 notices that went out and they did advertise it in the local newspaper as well. Mayor Trude noted that was because it affected all of that zoning district. Mr. Janish stated that was correct and typically they would notice 500 feet. Mr. Dickinson stated as they are dealing with the Rural Reserve and set for long term, from a staff perspective, he was a little nervous bringing this forward without having full transparency with everyone in the area. Councilmember Holthus agreed and thought the more transparency they have the better it is for everybody, the fairer it is for everyone, the neighbors and future developers who may have an interest in this area. Andover City Council Workshop Meeting Minutes—March 28, 2017 Page 3 Commissioner Peterson stated in their meetings when there are cases involving the Rural Reserve area there are generally more people at the meetings with more feedback. There is a lot of interest in the transition areas. Councilmember Bukkila stated she does not normally like long processes and costly steps for people but because they do not really know how this is going to go and she did not see it happening very frequently, in order to avoid the public hearing process they would have to have a measured step that staff could follow and her concern is as they start to chunk away the parcels and someone has forty acres and wants to put a ten acre strip on the side or the middle, staff tells them no, they will appeal to the Council anyway. She did not know if they could put enough criteria in there and she did not know if she wanted to enumerate what everyone can and cannot do with this land because she thought every parcel will have some certain amount of subjectivity to it and she would at least like it to be out in the public meeting section of prevue in terms of how they make the decision. Mayor Trude stated Councilmember Knight and herself sat through all of the Rural Reserve planning discussions and that did involve hundreds of property owners to decide where the land was set aside and their promise to the community was they would stop the chipping away at the edges and they were going to have something done like The Lakes in Blaine because that is what it is going to take to develop this area. She is worried if this is even appropriate in this area and is there a way to even shut this down more so they don't end up with so many rural type parcels on the edge so that the Rural Reserve does not happen. She wondered if they wanted to make it even harder to do a lot split within the Rural Reserve. She wondered if they should go through platting because they want to see a ghost plat for possible future development. Mr. Janish stated if they do adopt the public hearing process, in this particular case, the Packer Family moves forward with their two five acre parcels leaving thirty acres and if they wanted to sell that off they would be restricted to that four for forty density or they could get two more potential homes in there so they would not be able to come in and do some sort of urban development because there would not be any municipal water or sewer to that site. He stated this is meant to be a process for individuals to either provide some cash flow by splitting off a lot or in this particular case, a family to do something with their land and to provide a home for other family members. He thought that overall as they are planning it and they are analyzing it whether it is through a lot split process or through a platting process, they want to analyze where there is a potential for City infrastructure, what does the Comprehensive Plan identify for minor and major collector roadways that are going through this area. Mayor Trude wondered if they could do that with this process. Mr. Janish stated there are a couple of different ways this could be done. One is through deed restrictions and the other is through development review process. They would have to do the review process as they are doing the splitting process. Commissioner Kohler stated every one of these possible splits is going to be a little different and they need to understand what the future plan is and if someone comes forward with a proposal, Andover City Council Workshop Meeting Minutes —March 28, 2017 Page 4 they need to be able to check to make sure it meets the future plan. A map with the aerial of property lines was displayed. The Council and Planning and Zoning Commission discussed the future of the Rural Reserve area and how lot splits would affect it. b. Atlas 14 Discussion Mr. Berkowitz stated Atlas 14 is new rainfall distribution data compiled by a large number of observation stations across the country; including Minnesota. The new data has resulted in an increase in rainfall depths and run-off volumes. The Coon Creek Watershed District has consulted with Wenck Associates to update the existing model with the new data. The new data suggests the floodplain with Andover, especially within the Rural Reserve area, has grown significantly. Commissioner Kohler asked in terms of the floodplain, what impact does this have with development going forward. Mr. Berkowitz stated if someone wants to build in a floodplain fringe they need to mitigate it but if it is in the 100 -year floodplain than nothing can be built on it. Mr. Berkowitz showed a map of the current floodplain and the new map after Atlas 14 is updated. He reviewed the differences with the Council and Planning and Zoning Commission. He reviewed where the 100 -year floodplain exists. Councilmember Bukkila stated when talking about expanding the culverts, it would decrease the map but would have to affect farming soils as well. Mr. Berkowitz stated that is correct and could potentially affect the farmer downstream. The plan is as they start getting into the Comprehensive Plan update they would meet with all the farmers regarding this. He stated he would anticipate every farmer in the area will have a development benefit by having the floodplain reduced because when they sell off their property they will have more land to build on. Mr. Berkowitz stated there is a lot of information that needs to be reviewed. He stated what they have is a draft of Atlas 14 and will come back to both the Planning and Zoning Commission and City Council for more discussion. He stated what this does is drastically impact the way Andover could potentially develop. Once the map changes are finalized the City Council is going to have to make the decision of how they deal with certain areas. Mayor Trude hoped as staff gets new information they look at some different options to bring to the Planning and Zoning Commission for discussions as Comprehensive Plan review. Mr. Janish continued to review the submittal process for lot splits within the Rural Reserve area. Mayor Trude thought it would be important to have deed restrictions in order to have the ability to connect roads in the future. Mr. Janish stated they could have the ability for requiring Andover City Council Workshop Meeting Minutes —March 28, 2017 Page 5 easements on property for future development. The Council, Planning and Zoning Commission and staff continued to review the potential Packer Family lot split. Mr. Janish thought the Council and Planning and Zoning Commission would like to see some sort of blanket easement related to roadways and City utilities. Mayor Trude wondered if they could take some property as park dedication. The Planning and Zoning Commission and Council discussed the possibility of possible park dedication areas within the Rural Reserve in case large development does not occur. Mr. Janish indicated staff would need to discuss this further with the City Attorney. Mr. Dickinson thought the more land you can put under the deed restriction the more flexibility the City will have. Mayor Trude thought her concerns can be addressed with the deed restrictions and they can get the master planning started on the saved land as long as they can put some zoning overlay on it. Mr. Dickinson stated this is really a tradeoff where the current property owners are giving up some control of their own property by taking on the deed restrictions so they have the ability to get some of what they want, which are two lots they can build on. Councilmember Bukkila wondered how many forty acre parcels are around the Rural Reserve that could potentially develop. Mr. Janish thought they will not see many because of the soil mitigation costs. Mr. Dickinson thought there would be around 10 parcels. Commissioner Nemeth thought this was more of a vision and those visions can always change depending on who wants to sell and when they want to sell. He thought there were so many variables and it is great to have the vision but it will probably not come to light. Mr. Janish asked if the Council and Planning and Zoning Commission would like to see some sort of ghost plat for future splits. The Council and Planning and Zoning Commission indicated they would be in favor of that. Mr. Janish stated they will come up with a hybrid lot split plan and thought the direction he was receiving is they would not have to plat if in the Rural Reserve they do the hybrid lot split and collect the same information as if they were doing a plat. Mr. Dickinson stated this would still require a public hearing. Ms. Mary Harrell, 14955 Ivywood Street, stated her house backs up to 149th Avenue and she has a lot of concerns because it appears the northern route will be the connection through the Rural Reserve in the future. She stated the southern route was going to come in by Walmart because it is stubbed in already. Mr. Berkowitz stated that was the route that was approved prior to the Andover City Council Workshop Meeting Minutes —March 28, 2017 Page 6 floodway information. Ms. Harrell stated the concern is this is just a line on the map but the longer the line stays the more significant they become. She stated 149s' Avenue is a minimum maintenance dirt road and in terms of it being any kind of an east/west connection that would impact the homes that surround it. Mayor Trude stated Mr. Eveland filed to put his land into Ag. Preserve which will last for seven years so that should ease Ms. Harrell's concerns. Mayor Trude thanked Ms. Harrell for coming to the meeting to voice her concerns. RECESSAND RECONVENE The Council recessed at 7:38 p.m. The Council reconvened at 7:50 p.m. Commissioner Koehler asked in regard to the resolution, if there are lot splits, plats or something in between will the Planning and Zoning Commission be able to review them. Mr. Janish stated they would. Mr. Dickinson stated it will need to go through a public hearing process in order for the changes to be made. c. Flag Lot Discussion Mr. Janish stated recently City staff has been contacted about the potential of creating a flag lot in the rural residential area. Current code regulations do not allow flag lots since each lot is required to have a width of 300 feet at the front yard setback and a minimum of 50 feet of road frontage. Mr. Janish reviewed what the definition of a flag lot is. He asked if the Council and Planning and Zoning Commission would be open to allowing flag lots in Andover. Mr. Janish noted if they did allow flag lots they could avoid some of the costs of public roadways. Councilmember Goodrich asked what did other cities that allow these find as downfalls. Mr. Janish stated what he has found is townships and counties mostly allow for them and his past experience as a county official is the reason they allowed for them is that the townships did not want to maintain public roadways. Commissioner Koehler stated there are many potential problems with a flag lot such as proximity of houses, being able to see into each other's yard, blocking of driveway and emergency vehicles cannot find the back lot many times. Andover City Council Workshop Meeting Minutes—March 28, 2017 Page 7 Mr. Janish stated where they could run into potential issues on the code enforcement side is being able to see things from the roadway. Councilmember Knight thought if the City had these before and stopped allowing them why would they want to start allowing them again and create possible issues. Mayor Trude asked if the City could consider variance on this other than changing the code. Councilmember Goodrich stated if there are not a lot of problems involved with doing a flag lot then he would be in favor of it. Mayor Trude stated she has seen this in other cities where the owners of the flag lots are relatives. She stated she could see this happening in Andover with relatives and parents trying to help the child out. She would be willing to look at this if it were in a rural area of Andover. Mr. Dickinson stated he would not promote this going into any urban area and is not necessarily in favor of entertaining it in the rural area but if they were going to look further at this then he would suggest it be looked at only in the rural area of the City. Commissioner Koehler asked if Fire Chief Streich could have input on this. Mr. Dickinson stated they have talked to the Fire Chief about this and he lives on a flag lot and loves it. He stated the key is to make sure that this is put in correctly and then long term what is the maintenance on the access. Mr. Berkowitz stated this could kill future development in some areas in the rural area. He stated this could make it more difficult to try to develop it. Commissioner Nemeth thought this should be decided on a case by case basis. Commissioner Koehler agreed but thought there needed to be guidelines in place. Commissioner Nemeth stated he would like to know what other cities do. There was further discussion regarding issues with flag lots. Consensus was to not support flag lots in Andover at this time. Mr. Dickinson stated the applicant will be advised they need to go through the variance process if they want to pursue. d. Other Discussion Commissioner Peterson thought for the Comprehensive Plan Amendment process he would like to have updates on the chapters before approval of them. Mayor Trude stated they did not have a schedule but can give the Planning and Zoning Commission updates. Mr. Dickinson stated the onset of the Atlas 14 is really a game changer and if this impacts the Rural Reserve the potential densities and available acreage could be affected. He stated they are in a waiting pattern for the data before anything can be done. When the information comes in Andover City Council Workshop Meeting Minutes—March 28, 2017 Page 8 the Planning and Zoning Commission will be integral in the process. Commissioner Koehler stated he would like to see more touch points with the City Council moving forward because that helps the Planning and Zoning Commission. He thought they should meet quarterly or twice a year. Commissioner Sims thought if there was a way to get good discussion from staff about what the Planning and Zoning Commission reviewed that would help the Council make their decision better. Commissioner Nemeth stated the Planning and Zoning Commission wants to be on the same page as the City Council. Commissioner Koehler asked if it would be beneficial to meet with the other Commissions and Boards during the year as well and have an open type meeting. Mayor Trude thought that may be too many meetings for everyone. Mr. Dickinson thought the Commissions could meet with each other if they wanted to. Commissioner Nemeth stated in regard to the newsletter he would like to see some articles from department heads on what they are working on and why certain roads get picked for reconstruction or other information the residents might want to know. The City Council thanked the Planning and Zoning Commission for coming to the workshop meeting. DISCUSS A UTOMA TIC METER READING (AMR) FOR COMMERCIAL PROPERTIES Mr. Berkowitz stated the City Council is requested to discuss automatic meter reading for commercial properties. He reviewed the staff report with the Council. Councilmember Bukkila asked if Mr. Dickinson received her questions regarding this item. Mr. Dickinson indicated the Council will receive the answers and additional information at the next City Council meeting. This is just a review of this item. The plan is to pilot the AMR project with commercial properties and then roll out to residential in a few years. Councilmember Holthus asked how much this will save the City. Mr. Berkowitz stated they have to schedule time with each business to go in and read the meters so this would reduce staff time by ten hours per meter reading. This will provide more accurate and better service. Mr. Berkowitz stated with automatic meter reading the meter can be read from the road. 2018-2022 CIP DISCUSSION & 2017 CIP PROGRESS REPORT Mr. Dickinson reviewed the staff report with the Council. DRAFT CC Workshop Meeting Minutes April 25, 2x17 1 2 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP MEETING —APRIL 25, 2017 7 MINUTES 8 9 10 The Workshop Meeting of the Andover City Council was called to order by Mayor Julie Trude, 11 April 25, 2017, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, 12 Minnesota. 13 14 Councilmembers present: Mike Knight, Sheri Bukkila (arrived at 6:15 p.m.), Valerie Holthus 15 and James Goodrich 16 Councilmember absent: None 17 Also present: City Administrator, Jim Dickinson 18 Community Development Director, Joe Janish 19 Public Works Director/City Engineer, David Berkowitz 20 City Attorney, Scott Baumgartner 21 Others 22 23 24 DISCUSS ORDINANCE AMENDMENT TO REGULATE DRUG PARAPHERNALIA 25 26 City Attorney Baumgartner explained cities are starting to develop ordinances that regulate drug 27 paraphernalia. 28 29 City Attorney Baumgartner reviewed the staff report with the Council. 30 31 Mayor Trude thought they should add a paragraph about allowing items that are licensed by the 32 State of Minnesota for medicinal purposes. She thought they should add a section for people 33 who are legally growing, stating "This does not apply if you are licensed by the State of 34 Minnesota to produce..." City Attorney Baumgartner stated this does not have to do with 35 Marijuana, it has to do with paraphernalia. Mayor Trude stated they needed to make sure the 36 City makes an exception for people who are allowed by the State to grow for medicinal 37 purposes. City Attorney Baumgartner noted on page three under C and D, it talks about in 38 violation of MN State Chapter 152, which has the exclusions and talks about pharmaceutical 39 items as well. 40 41 Councilmember Holthus asked if Forest Lake adopted a similar ordinance because a shop that 42 was there was the same type of shop as the shop in Anoka and it is now closed. City Attorney 43 Baumgartner was not sure if Forest Lake implemented an ordinance but he did know Forest Lake 44 did implement an ordinance of some sort. He chose to go with Morehead's' model because it 45 had been tested and more closely resembled the Federal model. Since the Morehead model had 46 already been tested in court along with the Federal model they had precedent had it been 47 challenged, which it was, that they could then fall back on the Federal model. He knew that a lot 48 of cities are going in the direction of an ordinance like the one in Anoka. Andover City Council Workshop Meeting Minutes—April 25, 2017 Page 2 1 2 Councilmember Bukkila arrived at 6:15 p.m. 3 4 City Attorney Baumgartner stated before Anoka adopted this ordinance they reached out to all of 5 the businesses that had items or could potentially have items and gave them a period of time to 6 remove their inventory out before the ordinance went into effect. 7 8 Mayor Trude stated sometimes gas stations have paraphernalia and wondered if they are aware 9 of any of that going on in Andover. City Attorney Baumgartner stated he is not aware of 10 anything in Andover at this time. 11 12 The Council was in support of drafting an ordinance and sending it through the Planning and 13 Zoning Commission for Council review and approval. 14 15 Mayor Trude asked what kind of things were being prosecuted in Andover. Mr. Baumgartner 16 stated they have been prosecuting thefts from Walmart. He reviewed some things happening in 17 the City that he has dealt with. 18 19 DISCUSS ZONING TEXTAMENDMENTS FOR RURAL RESERVE 20 21 Mr. Janish explained there has been discussions going on regarding this item. He reviewed the 22 staff report with the Council. 23 24 Mr. Janish asked the Council if they wanted to keep item 13-1B-3: A4 or remove it. Mayor 25 Trude stated this was crafted so people would not come in and flip the property. She thought 26 that section needed to be adjusted. Mr. Janish stated he could do that. 27 28 Mr. Janish reviewed the zoning text amendments with the Council. 29 30 Mr. Janish stated regarding Item K: When applicable, a blanket easement stating that future 31 roads, trails, city utilities, and future park areas may be located in this area on remnant parcel. 32 He stated his concern with this is that this does allow the City, at a later date, to come through 33 and put a road through the parcel and the easement would allow the City to "take the road" and 34 put the road in and the property owner might not be compensated. 35 36 Councilmember Bukkila stated that is what she is concerned with. Mr. Dickinson stated one of 37 the things he asked is how many other cities are doing blanket type easements and Mr. Janish did 38 not find any. Mayor Trude asked how they guarantee this will not happen. She wondered how 39 they would solve the problem. She stated if this was platted they would be giving up their land 40 for the roads and parks. She stated they would be giving up their land for the road because they 41 need access for their homes. There is a community interest at stake. Mr. Janish stated what 42 other communities are doing is they are placing a deed restriction on the property saying that it 43 can't be split again until urban services are provided. 44 There was discussion between staff and Council regarding possible ways to split 40 acres in 45 order to allow future development. Andover City Council Workshop Meeting Minutes—April 25, 2017 Page 3 1 2 Mayor Trude asked if the easement would be over the top of the properties and not pushed to the 3 edge of the properties. Mr. Janish stated if that is where the road would go. 4 5 Discussion continued regarding future lot splits within the Rural Reserve. 6 7 Councilmember Bukkila stated she had a problem with a blanket easement because wouldn't it 8 go on recorded documents with the land. It is one thing to structure the code to prevent any 9 building in an area before there is a grand plan but to legally encumber the acreage with 10 easements does not seem right. City Attorney Baumgartner stated the reason he has an issue 11 with this is how do they come up with a legal description to record the easement. He stated they 12 could do an easement over the entire property but at some point they will need to release a 13 portion of that easement over which it will need to be surveyed to get the legal description. 14 Mayor Trude thought they could release the easement at that point because it is a bargaining 15 process. City Attorney Baumgartner stated at some point they are going to have to identify 16 somehow what the legal description for the easement is. If they want to throw an easement over 17 the entire parcel now before it is split they will still need to identify if they want to split the 18 parcel. There will need to be surveying done to vacate that portion of the blanket easement. 19 Mayor Trude asked if they could vacate the easement on the five acre parcels where the homes 20 will go. 21 22 There was further discussion regarding blanket easements. 23 24 Mr. Berkowitz explained how developments go about getting plat approval with easements. He 25 stated if the city does not grab the easement then it makes it harder to develop in the future. 26 27 Mr. Janish stated the original intent of the blanket easement was to try to minimize someone 28 from putting something in the way of future development. Councilmember Bukkila gave an 29 example of issues people might have with using their land with a blanket easement on their land 30 in the Rural Reserve. City Attorney Baumgartner stated the property owner could have an 31 encroachment agreement with the City on the land. Mayor Trude stated if there was not any 32 easement on the property then the City loses their bargaining. They are trying to bargain to 33 protect the master plan and the landowners all bought into that. Mr. Janish stated an 34 encroachment agreement could be done in order to allow buildings on structures with a blanket 35 easement. 36 37 Further discussion ensued between staff and the Council regarding easements and encroachment 38 agreements. 39 40 Mr. Jake Packer and Mr. John Packer, 3074 161" Avenue NW, stated they have two forty acre 41 parcels with two buildable lots with two five acre parcels and as far as the easement goes they 42 are not comfortable with that and did not know why they could not leave a chunk of land open. 43 City Attorney Baumgartner stated the problem with that is if they wanted to sell off another five 44 acres of the forty acres the City would have no way to say they cannot do that without a blanket 45 easement, the future development may never happen. Andover City Council Workshop Meeting Minutes —April 25, 2017 Page 4 1 2 Mr. Packer stated he understood that but it is tough for them and they felt like their hands are 3 being tied. Mayor Trude stated they are being allowed to build on ten acres of the forty acres 4 available. She thought they needed to have a master plan for the Rural Reserve but they want to 5 allow families to build on part of their land. 6 7 The Council, staff and the Packers reviewed possibilities that could be done on their property and 8 in the Rural Reserve District including deed restrictions. City Attorney Baumgartner stated he 9 would need to review language regarding deed restrictions and see how that would work. 10 11 Mayor Trude asked if there was ever discussion regarding removing some land out of the Rural 12 Reserve because of close access to City sewer and water. She wondered if they could apply 13 some kind of process in their code that indicates it no longer makes sense. Mr. Janish stated with 14 Atlas 14 discussion that is where a lot of the discussion is going to be. He stated all of the 15 meetings they have been doing may not even be valid discussions when they start working on the 16 next update because of Atlas 14 and other new rules, the Rural Reserve may not be as 17 developable as they thought in the past. 18 19 Mayor Trude thought if things were to change they could vacate easements based on new 20 discoveries and circumstances. Mr. Berkowitz agreed. 21 22 City Attorney Baumgartner stated the City wants to allow residents to do what they want with 23 their property but the City has an obligation to the community to plan for what may happen 24 twenty years down the road and the hard part is trying to predict what is going to happen there 25 because there is nothing there at this time. They want to make sure they do not box in future 26 development in the area which is the tough part. 27 28 Mr. Packer wondered if the City could add some blanket language and approve items on a case 29 by case situation. City Attorney Baumgartner stated when they put together an ordinance they 30 should apply it universally otherwise you get discriminatory enforcement. They can look at 31 certain things back to back but in the end, it should all come together under that ordinance and 32 has to be applicable. They need to treat people similarly. 33 34 Mr. Berkowitz thought the best solution would be to have a blanket easement with an 35 encroachment agreement. Mr. Dickinson stated they could look at a floating easement with an 36 encroachment agreement if they want a particular use of the easement area. He stated the 37 easement could move within the property so it is not specified. City Attorney Baumgartner 38 stated they would not need an encroachment agreement unless or until they want to put 39 something on the land that would encroach into the easement. 40 41 Councilmember Bukkila indicated she was not a fan of this plan. Councilmember Goodrich 42 agreed and stated he needed more information and history before making a decision. Mr. 43 Dickinson stated staff will get some examples of deed restrictions and bring that back to the 44 Council for further discussion. 45 Andover City Council Workshop Meeting Minutes—April 25, 2017 Page 5 1 Mr. Janish stated they could allow a change to the language in the ordinance, remove the 2 splitting of property additionally each year and place either an easement or some sort of 3 restriction over the remnant parcel so they get a one-time split in the Rural Reserve and then try 4 to sort it out as part of their Comprehensive Plan update because they may come back and 5 change the entire area again once they find out how Atlas 14 will affect this area. He noted he 6 would work with the City Attorney on language. 8 Councilmember Holthus asked if this would allow the Packer family to build. Mr. Janish stated 9 it should. It would restrict the remnant piece unless the entire parcel is sold and they want to 10 plan a development. 11 12 Mayor Trude, Councilmembers Holthus and Knight were in favor of moving this forward. 13 14 Mr. Packer thought they may be willing to allow the easement but he wondered what they are 15 giving up to do that. Mr. Baumgartner stated they are allowing the City the opportunity to place 16 the road and easement in there at some point when the entire property becomes developable. 17 18 Mayor Trude stated she would like to see three goals: 1. Allow the Packers to build, 2. Continue 19 on the path they started with the Met Council approvals that are permitted and 3. Make sure there 20 is room for things to happen in the future that are not going to be impeded by today's actions. 21 22 Mr. Janish stated as a part of the Comprehensive Plan update, it is going to determine what is 23 going to happen in this area. Mr. Berkowitz noted after the update with Atlas 14 staff may even 24 come back to the Council looking for a vacation of the easement they put on the property. 25 26 Councilmember Bukkila indicated she wanted more information before making a final decision. 27 Councilmember Goodrich agreed. Councilmember Bukkila stated even if Mr. Packer is willing 28 to agree to this easement she acknowledges there are other property owners who have interest as 29 well and she is trying to protect them as well. 30 31 Mayor Trude stated the entire Rural Reserve is restricted at this point. Councilmember Bukkila 32 noted the property owners can still use the land. Mayor Trude stated if they move towards the 33 plan that was started two months ago the property owners will have more rights than they do 34 now. Councilmember Bukkila stated right now the property owners can build an accessory 35 building on their property but if there were an easement placed on the property then according to 36 the code they could not build at all on the easement. She stated she would prefer a method that 37 would not include encroachment so that a property owner could have full use of their land. She 38 would like staff to look to see if there are alternative options. 39 40 Mr. Dickinson stated they will look for the deed restriction component. He noted an easement is 41 a form of a deed restriction. City Attorney Baumgartner stated an easement is an interest in 42 property, a deed restriction is only as good as whoever holds that deed, that is the problem he has 43 with it. Mr. Dickinson stated they need to look at what the County recorder will accept. For the 44 most part Counties will not record those things unless it is signed off by the municipalities and 45 that is really where the City wants to get to. City Attorney Baumgartner stated that is what he Andover City Council Workshop Meeting Minutes—April 25, 2017 Page 6 1 wants to see. 2 3 Mayor Trude asked when the City went to the Met Council and asked to move down this path, 4 what was on their list that the City had to do. Mr. Janish stated it is a deed restriction of some 5 manner to prevent the density and preserve that future development possibility. 6 7 Mr. Packer stated they do not necessarily want the easement, if there is another way to do it that 8 would be the way they would want to go but if it ends up that it is the only way to get it done 9 then they may need to go along with it. He asked for a status update on the Comprehensive Plan 10 amendment. Mr. Janish stated he has not heard from the Met Council yet. He reviewed the 11 process with Mr. Packer and the Council. 12 13 Mr. Packer stated they are looking to move forward with building as soon as possible. Staff 14 reviewed a possible timeline of actions that need to occur before building can happen. Mr. 15 Dickinson stated they need to figure out Item K in the staff report that talks about blanket 16 easements on the property. 17 18 Councilmember Goodrich stated he did not want to hold the Packers back from building if the 19 only issue is Item K. Mr. Dickinson stated he would talk to the Packers and help them to work 20 out a timeframe to build. 21 22 DISCUSS STORAGE UNITS (PODS) IN CITYPARKS & RESIDENTIAL DISTRICTS 23 24 Mr. Berkowitz explained the City Council is requested to discuss portable storage containers, 25 often referred to as PODS, in City parks and residential districts. 26 27 Mr. Berkowitz reviewed the staff report. 28 29 Mr. Berkowitz asked if the Council supported permanent PODS in the City. Council consensus 30 was not to allow them. 31 32 Mr. Berkowitz asked if the City Council supported a timeframe for the athletic associations to 33 get rid of their current PODS. Councilmember Holthus understood why they need them. Mr. 34 Berkowitz stated staff discussed giving them three to five years to get rid of the PODS. Mayor 35 Trude disagreed and stated five years was a long time for them to find alternative storage. She 36 thought a shed looked better than PODS. Mr. Berkowitz stated it is up to the Council to decide 37 what a reasonable timeframe is for the associations to raise funds to build a structure for storage. 38 39 Councilmember Bukkila stated her issue is the burden on one association for multiple structures. 40 If it was only one park and one organization she would agree to three years but if one 41 organization had something in two or more parks then she would be more sympathetic to a 42 longer timeframe to plan out multiple structures. 43 44 Mr. Berkowitz reviewed where the PODS are located at. He noted the Andover Baseball 45 Association wants to move a POD from the high school to Sunshine Park and thought the City Andover City Council Workshop Meeting Minutes—April 25, 2017 Page 7 1 Council would not be in favor of that. The Council agreed. Mr. Berkowitz stated the Andover 2 Football Association has one at Prairie Knoll Park during the season. He stated they could have 3 multiple associations put their resources together and build one structure at the parks. 4 5 Councilmember Holthus thought the associations need to clean out the buildings and see what 6 their needs are. Mr. Berkowitz stated they would need to have a structure at each park to house 7 the equipment needed for that park so he thought the Council should give them enough time to 8 figure out what their full needs are and how they can do it efficiently so they can raise money, 9 design and build a structure so it works for them for a long time. 10 11 Councilmember Bukkila thought the associations should be given twelve months to make a plan 12 and tell the Council what they would like to see before a decision is made by the Council. She 13 stated she wanted the associations to react and not put it off. 14 15 Councilmember Knight asked if some of the items being stored at the parks was City owned. 16 Mr. Berkowitz stated the associations are now buying their own equipment to use at the parks so 17 the City does not have any equipment that is stored. Mayor Trude stated that takes a big load off 18 of the City, she wondered if there was a way to find a way to build some little sheds with money 19 from their reserves to store equipment so the parks look better. Mr. Berkowitz stated he would 20 need to go to the Park and Recreation Commission to see how they would weigh in on a 21 recommendation for that. 22 23 Councilmember Goodrich asked if they could screen the PODS with some sort of nice fencing so 24 they cannot be seen. Mayor Trude stated she liked that idea. 25 26 Councilmember Bukkila stated she is not ready to put a drop -dead date on this, she would like to 27 get some feedback from the associations on what they propose. Councilmember Holthus 28 suggested staff go look at the buildings and see what the associations have in them to see how 29 space can be better utilized. 30 31 Mr. Berkowitz asked if there was support for the associations to come back after twelve months 32 with a storage plan. Council agreed. 33 34 Mayor Trude suggested staff work with the associations on getting a plan together. 35 36 Mr. Berkowitz asked if the Council was in favor of using park dedication money to fund the 37 storage. Mayor Trude stated she is in favor of doing this. The rest of the Council is against. 38 39 The Council is not in favor of permanent PODS in residential use. The Council is in favor of 40 temporary PODS in residential use. Councilmember Bukkila stated she would be in favor of 41 temporary storage if there is an open construction permit. Mr. Dickinson noted construction 42 permits could be open for years. Councilmember Goodrich asked what other cities do. Mr. 43 Dickinson stated most do not allow them at all or for only ninety days. Mayor Trude thought 44 they should start with ninety days. Mr. Berkowitz stated if allowed there would need to be an 45 ordinance change because they currently do not allow anything like that in the City. He stated Andover City Council Workshop Meeting Minutes—April 25, 2017 Page 8 staff will work on language change and bring it back for Council review. Councilmember Bukkila stated there needed to be some language stipulating ninety days in total so it does not disappear for one day and then come back again for another ninety days. 5 Mr. Berkowitz noted there are not any restrictions on five acres or more. The majority of the 6 Council did not have an issue with that. Mayor Trude is not sure if she wanted that because then 7 the property owner can have as many of them as they want and then it starts to look bad. Mr. 8 Janish thought there needed to be some type of screening on those sites. Mayor Trude stated she 9 did not support allowing them on five acres or more. 10 11 CLOCKTOWER COMMONSAMENDMENT 12 13 Mr. Janish stated this is in regard to the Clocktower Commons PUD amendment. He passed out 14 a building design and stated the new building they are proposing is mostly rock face block and 15 he is requesting the Council review the building fagade and indicate any changes that should be 16 made to the building. Mr. Dickinson stated according to the PUD all the buildings need to look 17 alike in appearance. 18 19 The City Council thought the new building fagade looked better than some of the existing 20 buildings. They thought maybe there could be the same style of roofing or closer looking brick 21 to the color in the design of the existing buildings. 22 23 2018 BUDGET DEVELOPMENT DISCUSSION 24 25 Mr. Dickinson reviewed the staff report. 26 27 2017BUDGETPROGRESSREPORTS 28 29 Mr. Dickinson reviewed the staff report. 30 31 2017 CITYINVESTMENTS REVIEW 32 33 Mr. Dickinson reviewed the staff report. 34 35 36 OTHER TOPICS. 37 38 TRAFFICREDIRECTIONFROMBUNKER LAKE BOULEVARD 39 Mayor Trude stated she has had voicemails and emails regarding Bunker Lake 40 Boulevard. A resident is even wondered if they could close down Butternut Street during 41 the construction because of excessive traffic going into residential areas. Councilmember 42 Bukkila stated the same thing happened with the Hanson Boulevard construction and they 43 have to just put up with it. 44 45 Mayor Trude told the resident to contact the County and see what they could do about it DRAFT Sample Easement TEMPORARY ROADWAY, DRAINAGE, AND UTILITY EASEMENT/DRAINAGE AND UTILITY EASEMENT ]KNOW ALL MEN BY THESE PRESENT, for valuable consideration, ("Grantor"), hereby grants, sells, and conveys to the CITY OF ANDOVER, a Minnesota municipal corporation ("Grantee"), a permanent easement for future roadway, drainage and utility purposes, including, without limitation, the construction, maintenance, repair and replacement thereof, and uses incident thereto ("Easement"), in, under and upon the real property, in Anoka County, Minnesota described as follows: INSERT LEGAL ("Property") Further, the right is hereby granted to the Grantee to restrict the further development of said Property. This Easement or portion(s) of said Easement can be vacated by the Grantee upon: 1. Rezoning of the Property to: a. a commercial zoning classification; b. an industrial zoning classification; c. a denser residential development; 2. A change in the City of Andover's Comprehensive Plan that no longer considers the Property as being in the Rural Reserve; 3. Municipal water and sewer is extended to the Property; 4. A defined location for the Easement has been determined due to development occurring on and/or around the Property. Grantor covenants that he is the owner of the easement area and has the right, title, and capacity to grant the easement described above. TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging or in anyway appertaining to the said Grantee, forever, for said roadway, drainage and utility purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands on or as of the date opposite their respective signatures. RR Temporary Easement Dated: 2017 By:, Total Consideration: One and 00/100 Dollars ($1.00) State Deed Tax Due: None STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of 2017, by , who has caused these presents to be executed or has set his hand the day and year first above written. Notary Public NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on , 2017, the above described easement in this document. CITY OF ANDOVER Dated: 2017 By:, THIS INSTRUMENT WAS DRAFTED BY: City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Telephone: 763-755-5100 RR Temporary Easement DRAFT Sample Development Agreement RESTRICTION OF DEVELOPMENT DECLARATION AGREEMENT This RESTRICTION OF DEVELOPMENT DECLARATION AGREEMENT ("Agreement") is made and entered into by and between, , ("Owner"), and the City of Andover, a Minnesota municipal corporation, 1685 Crosstown Blvd. NW, Andover, Minnesota 55304 ("City"), and is effective as of the date of the last signature of the parties.. WHEREAS, Owner is the fee owner of the property legally described on attached Exhibit A ("Property"); and WHEREAS, the City of Andover's 2008 Comprehensive Plan had a restriction on lot splits and subdivisions of less than one parcel per twenty acres, in the Rural Reserve; and WHEREAS, this restriction on lot splits and subdivisions was implemented to prevent this area from rural residential development that would preclude orderly future MUSA expansion; and WHEREAS, the City of Andover has amended their Comprehensive Plan to prohibit lot splits and subdivisions of less than one parcel per ten acres within the Rural Reserve; and WHEREAS, the City of Andover's Comprehensive Plan amendment allows for lot sizes of 5 acres within the Rural Reserve with conditions; and WHEREAS, the conditions to be attached relative to allowing lot splits creating lot sizes of 5 acres within the Rural Reserve are necessary to continue to maintain orderly future MUSA expansion; and WHEREAS, one of the conditions necessary in order to maintain orderly future MUSA expansion, is the inclusion of restrictions on the placement of structures within the subdivided parcels; and 1 WHEREAS, these restrictions will prevent the impediment of future MUSA expansion; and WHEREAS, in connection with an application by Owner for , the City has required, as a condition of approval, the execution and recording of this Agreement; and WHEREAS, as a condition of securing the benefits and advantages of the City's approval of Owner's application, Owner desires to subject the Property to the terms and conditions of this Agreement. NOW, THEREFORE, Owner declares that the Property is, and shall be, held, transferred, sold, conveyed and occupied subject to the terms and conditions of this Agreement. 1. Definitions. For purposes of this Agreement, the following terms shall have the meanings given. 1.1. "Home(s)" means a residential building or portion thereof intended for occupancy by a family. 1.2. "Family" means an individual or two (2) or more persons related by blood, marriage or adoption living together; or a group of not more than five (5) persons who need not be related by blood, marriage or adoption, dwelling unit, exclusive of usual servants. 2. Owner's Obligations. 2.1. The Owner shall not construct a Home within the area described in exhibit A. 2.2 The Owner shall not further subdivide the Property until the Property is released from this Agreement. 3. Enforcement. 3.1. By entering into this Agreement, Owner acknowledges that the City has a valuable and enforceable interest in the Property and that this Agreement may be enforced by the City to the fullest extent allowed by law. Owner agrees to reimburse the City for all costs incurred by the City in defense or enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 2 4. Miscellaneous. 4.1. No Waiver. Failure to enforce any provision of this Agreement upon a violation of it will not be deemed a waiver of the right to do so as to that or any subsequent violation. 4.2. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase in this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of the Agreement. 4.3. Duration of Agreement. The agreement granted herein shall remain in effect until: 4.3.1 Rezoning of the Property to a commercial zoning classification; 4.3.2 Rezoning of the Property to an industrial zoning classification; 4.3.3 Rezoning of the Property to a denser residential development; 4.3.4 A change in the City of Andover's Comprehensive Plan that no longer considers the Property as being in the Rural Reserve; 4.3.5 Municipal water and sewer is extended to the Property; 4.4. Warranty of Owner. The Owner warrants that it is the owner of a fee simple interest in the Property, and that it has the right to enter into this Agreement. 4.5. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Property and shall be deemed covenants running with the land. Owner agrees that the City shall have the right to record a copy of this Agreement with the Anoka County Recorder to give notice to future purchasers and owners. This shall be recorded against the Property. 4.6. Notices. Whenever in this Agreement it shall be required or permitted that notice or demand be given or served by either party to this Agreement to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinbefore set forth on Page 1 by certified mail (return receipt requested). Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto are as set forth on Page 1 until changed by notice given as above. 4.7. Amendments. This Agreement may not be amended without the prior written approval of the City. 4.8. Clerical Revisions. In the event that any technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the Agreement un -recordable, Owner shall cooperate with the City in the execution or amendment of any revised agreement. OWNER By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2017, by I the on behalf of Notary Public CITY OF ANDOVER in to STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) Julie Trude, Mayor Michelle Hartner, Deputy City Clerk 57y The foregoing instrument was acknowledged before me this day of , 2017, by Julie Trude and Michelle Hartner, the Mayor and Deputy City Clerk of the City of Andover, a municipal corporation under the laws of Minnesota, on behalf of the municipal corporation. Notary Public rd THIS INSTRUMENT WAS DRAFTED BY: City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Telephone: 763-755-5100 For City use only: l Planning File # Date of Council approval ID►i:1 : e Description of the Pro CONSENT The undersigned Mortgagee of the real estate described in the attached instrument pursuant to the Mortgage recorded as Document No. in the office of the Anoka County Recorder's Office, hereby joins in and consents to all of the terms and provisions contained in the attached Restriction of Development Declaration Agreement ("Agreement"). The undersigned Mortgagee further agrees that its interest in the property covered by the Mortgage is subject to the Agreement and to all of the terms and provisions contained in it and agrees that if the Mortgagee forecloses its mortgage(s) on the property, or takes a deed in lieu of foreclosure, the Mortgagee will take title subject to the Agreement. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this _ day of 20_ , by the of on behalf of the corporation . Notary Public CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 12 ZONING REGULATIONS: 12-3 ZONING DISTRICTS AND MAPS, SECTION 12-12 PERMITTED, PERMITTED ASSCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES CITY CODE; TITLE 13 PLANNING AND DEVELOPMENT: 13-1 SPLITTING LOTS, PARCELS OR TRACTS OF LAND STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare. The proposed amendment to City Code Title 12 establishes the RR — Rural Reserve Residential District and uses allowed within the district; Title 13 establishes lot split provisions within the RR — Rural Reserve Residential District in 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 of the City Clerk. Adopted by the City Council of the City of Andover on this 6th day of June, 2017. ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Julie Trude, Mayor pi EM 4: • ••!,L 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmember's CC: Jim Dickinson, City Administrator Joe Janish, Community Development FROM: Stephanie L. Hanson, City Planner SUBJECT: Rezone Rl — Single Family Rural to RR — Rural Reserve Residential - Planning DATE: June 6, 2017 INTRODUCTION The City Council is asked to review the rezoning of lands designated as Rural Reserve from R — Single Family Rural to RR — Rural Reserve Residential. Attached is the Andover Zoning Map showing the proposed zoning change. DISCUSSION The rezoning of the rural reserve area coincides with the proposed Comprehensive Plan Amendment and Zoning Text Amendments the Planning and Zoning Commission and City Council previously reviewed. As with all rezonings, the City shall find one of the two following findings that are provided by state statute: • The original zoning was in error. • The character of the area or times and conditions have changed to such an extent to warrant the rezoning. In this case, times and conditions have changed. The Andover Comprehensive Plan is in the process of being amended. The amendment will allow for property owners to have up to 1 unit per 10 acres vs. the historical requirement of 1 unit per 20 acres. This amendment is consistent with Metropolitan Council policies for the rural reserve area. Planning and Zoning Commission Recommendation On May 24, 2017, the Planning and Zoning Commission held a public hearing regarding the CUP request in which there was public input. The majority of the comments were in regard to the future development to urban densities. A draft of the meeting minutes have been attached for your review. The Commission recommended approval on a 4-0 (3 absent) vote. The Commission briefly discussed the following: Clarification that the rezoning of the properties is not so it can be developed into urban lots, as some residents have mentioned. 0 There is much more research needed to determine the feasibility of urban development. • At this time, staff or the Commissioners cannot comment on how or when the properties will be developed at urban densities. ACTION REQUESTED The City Council is asked to approve the rezoning request based on the fact that the rezoning will provide provisions to regulate the subdivision of lands within the Rural Reserve Residential District and ensure compliance with City Codes and the Andover Comprehensive Plan. Attachments Ordinance Amendment Draft May 24, 2017 PZ Meeting Minutes Proposed Zoning Map Res�y bm Stephan re L. Hanson CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA AN ORDINANCE AMENDING CITY CODE TITLE 12-3-4, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code 12-3-4, The Zoning District Map of the City of Andover is hereby amended as follows: 1. Rezone land from R-1, Single Family Rural Residential to RR, Single Family Rural Reserve Residential on approximately 1,000 acres shown on Attachment A and legally described as the following: South Half of Section 16, Township 32 Range 24 Andover; and, North Half Section 21 Township 32 Range 24 Andover, Except: Wittington Ridge and those parcels located in Woodland Estates 6d' Addition; and, South Half Section 21 Township 32 Range 24 Andover, Except: Woodland Estates 6th Addition; Woodland Estates 5`h Addition; Woodland Estates 3`d Addition; Kadlec Estates; East Round Lake Estates; The West 720 Feet of the North 330 Feet of South 660 feet of NW 1/4 of SW '/a of Section 21, Township 32, Range 24; THE South 330 Feet of West 720 feet ofNW1/4 OF SWIA of Section 21 Township 32 Range 24; North 165 Feet of the West 396 feet of the NW 1/4 of SW 1/4 of Section 21 Township 32 Range 24; and, West Half of North Half of Section 28 Township 32 Range 24 Andover Except: Fields Addition; CreekRidge Estates; and, THAT PRT OF THE NW 1/4 OF THE SW 1/4 LYG NLY & WLY OF THE FOL DESC LINE COM AT THE NE COR OF SD NW 1/4 OF THE SW 1/4, TH S 88 DEG 36 MIN 09 SEC W (ASSMD BRG) ALG THE N LINE THEREOF 263.96 FT TO THE ACT POB OF LINE TO BE DESC, TH S 67 DEG 12 MIN 47 SEC W 390.33 FT, TH S 52 DEG 12 MIN 47 SEC W 128.00 FT, TH S 36 DEG 12 MIN 47 SEC W 60 FT TH S 23 DEG 12 MIN 47 SEC W 120.00 FT, TH S 36 DEG 32 MIN 47 SEC W755.00 FT, TH S 0 DEG 47 MIN 13 SEC E 45.00 FT, TH S 27 DEG 07 MIN 13 SEC E 119.81 FT TO THE C/L OF S COON CREEK DR TH S 69 DEG 31 MIN 37 SEC W ALG SD C/L 63.89 FT, TH WLY ALG SD C/L & ALG A TAN CURTO THE RT HAV A RAD OF 800 FT & A CENT ANG OF 04 DEG 01 MIN 39 SEC 56.23 FT TO THE W LINE OF SD NW 1/4 OF THE SWI/4 & SD LINE THERE TERM AT A PT 1160.97 FT SLY OF THE NW COR OF SD 1/4 1/4 EX RDS SUBJ TO EASE OF REC; and, THAT PRT OF GOVT LOT 5 SEC 29 T32 R24 LYG S OF A LINE DESC AS FOL: COM AT A PT ON THE E LINE OF SD GOVT LOT 692 FT S OF THE NE COR OF SD SEC, TH WLY AT RT ANG TO SD E LINE TO THE ELY R/W LINE OF CSAHNO 9 (AKA ROUND LAKE BLVD) & THERE TERM, & LYG N OF A LINE PRLL/W S LINE OF SD GOVT LOT & EXT W FROM THE SW COR OF THE NW 1/4 OF THE NWl/4 OF SEC 28-32-24 TO THE ELY R/W LINE OF SD CSAH NO 9 & LYG SELY OF SD CSAH NO 9; EX RD; SUBJ TO EASE OF RFC; AND, ALL THAT PRT OF GOVT LOT 5 SEC 29 TWP 32 RGE 24 DESC AS FOL: BEG AT MOST NLY COR OF LOT 17 BLK 3 CREEKRIDGE ESTATES, TH S 06 DEG 34 MIN 58 SEC W ALG E LINE OF SD LOT 17 118.13 FT, TH S 89 DEG 20 MIN12 SEC E 263.71 FT, TH N 00 DEG 26 MIN 41 SEC W 491.56 FT +OR- TO A LINE DRAWN WLY PRLL/W S LINE OF SD GOVT LOT 5 FROM SW COR OF NW 1/4 OF NW 1/4 OF SEC 28 TWP 32 RGE 24, TH WLY ALG SD PRLL LINE 163.46FT +OR - TO SELY LINE OF REV OF SHEET 2 & 3 ANOKA CO HWY R/W PLAT NO 14, TH SWLY ALG SD SELY LINE 90.44 FT +OR- TO N LINE OF LOT 18 BLK 3 CREEKRIDGE ESTATES, TH ELY ALG SD N LINE 15.45 FT TO E LINE OFSD LOT 18, TH SLY ALG SD E LINE 309.80 FT TO POB, SUBJ TO EASE OF REC; AND, THAT PRT OF GOVT LOT 5 SEC 29 TWP 32 RGE 24 LYG SLY OF A LINE DRAWN PRLL/W S LINE OF SD GOVT LOT 5 FROM SW COR OF NWl/4 OF NW 1/4 OF SEC 28 TWP 32 RGE 24 & LYG ELY OF FOL DESC LINE: BEG AT A PT ON SLINE OF SD GOVT LOT 5 615. FT WLY OF SE COR THEREOF, TH N 0 DEG 00 MIN 52 SEC W, ASSD BRG, PRLL/W E LINE OF SD GOVT LOT 5 610.31 FT, TH S 89 DEG 55 MIN E 49.64 FT, TH N 10 DEG 27 MIN 58 SEC W 171.60FT, TH N 05 DEG 46 MIN 08 SEC E 473.09 FT, TH N 89 DEG 55 MIN W 15.45 FT TO SELY R/W LINE OF ANOKA CO HWY R/W PLAT NO 14, TH NELY ALG SELY LINE 90.44 FT TO PT OF INTER/W A LINE DRAWN PRLL/W S LINE OFSD GOVT LOT 5 FROM SW COR OF NWl/4 OF NW 1/4 OF SEC 28 & SD LINE THERE TERM, EX THAT PRT THEREOF DESC AS FOL: BEG AT MOST NLY COR OF LOT 17 BLK 3 CREEKRIDGE ESTATES, TH S 06 DEG 34 MIN 58 SEC W ALG ELINE OF SD LOT 17 118.13 FT, TH S 89 DEG 20 MIN 12 SEC E 263.71 FT, TH N 00 DEG 26 MIN 41 SEC W 491.56 FT +OR- TO A LINE DRAWN WLY PRLL/W S LINE OF SD GOVT LOT 5 FROM SW COR OF NW 1/4 OF NW 1/4 OF SEC28 TWP 32 RGE 24, TH WLY ALG SD PRLL/W 163.46 FT +OR- TO SELY LINE OF REV OF SHEETS 2 & 3 ANOKA CO HWY R/W PLAT NO 14, TH S WLY ALG SD SELY LINE 90.44 FT +OR- TO N LINE OF LOT 18 BLK 3 CREEKRIDGEESTATES, TH ELY ALG SD N LINE 15.45 FT TO E LINE OF SD LOT 18, TH SLY ALG SD E LINE 309.80 FT TO POB, SUBJ TO EASE OF REC; AND, THE E 615.00 FT (AS MEAS ALG THE N LINE THEREOF) OF THE NEIA OF THE SEI/4 LYG NLY OF THE NLY R/W LINE OF S COON CREEK DR EX RDS SUBJ TO EASE OF REC. 2. The finding for the rezoning is to ensure consistency between the City of Andover Comprehensive Plan and Andover City Codes. 3. All other sections of the Zoning Ordinance shall remain as written and adopted by the City Council of the City of Andover. 4. The Zoning Ordinance will become valid once it is published in the City designated newspaper and the correlating Comprehensive Plan Amendment is approved by the Metropolitan Council. Adopted by the City Council of the City of Andover on this 6th day of June, 2017. CITY OF ANDOVER ATTEST: Michelle Harmer, City Clerk Julie Trude, Mayor p J a Regular Andover Planning and Zoning Commission Meeting F a Minutes – May 24, 2017 �'� ^ c: Page 10 Chairperson Daninger stated he is comfortable with this CUP request as the commercial site plan will address any other issues. He added he is supportive of encouraging new businesses in Andover. Commissioner Nemeth requested clarification regarding opaque fencing. Mr. Janish stated it is a chain link fence with solid material slats running through it. Commissioner Nemeth stated there are commercial fences along Hanson and Round Lake Boulevards that require maintenance. He added he would prefer the use of some type of fencing material that is easy to maintain as it gets older. Mr. Janish stated the permit can be brought forward for review and revocation if the applicant is in violation of the requirements of the CUP. Commissioner Peterson stated he is comfortable with opaque fence as described, if it is not along the property line at 1615 Avenue. Motion by Janish, seconded by Peterson, to recommend approval of Res. No. approving a Conditional Use Permit for Eric Hicks, 3017 16151 Avenue NW, for exterior storage space related to his business, Upper Midwest Athletic Construction. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). City Planner Hanson stated that this item would be reviewed by the City Council at their June 6, 2017 Regular Meeting. - PUBLIC HEARING: Rezoning of Rural Reserve Residential District. ' City Planner Hanson reviewed plans to rezone lands designated as Rural Reserve from R- 1 – Single Family Rural to RR -Rural Reserve Residential. This proposed rezoning of the RR -Rural Reserve coincides with the proposed Comprehensive Plan Amendment and Zoning Text Amendment that the Commission and City Council had previously reviewed. Ms. Hanson stated the rezoning process includes the official adoption of the zoning map. She added the area in question was identified in the City's Comprehensive Plan, adopted in 2008, for future urban development if municipal services were available. Ms. Hanson stated the current Comprehensive Plan has a minimum lot split of 1 home per 20 acres. She added, in March 2017, a request for a Comprehensive Plan amendment was received by an applicant who wished to further subdivide residential property to 1 home per 10 acres. She noted this request was approved by the City Council and is currently being reviewed by the Metropolitan Council, which has indicated that the request will be approved. Regular Andover Planning and Zoning Commission Meeting AFS' Minutes —May 24, 2017 Page 11 Ms. Hanson stated the area in question is currently zoned Rural Residential but creating a new zoning district of Rural Reserve Residential is required to provide provisions that will allow for further subdivision of land. Ms. Hanson stated public hearing notices were sent and 10 calls were received from residents, expressing concern about how the zoning change will affect future urban development in this area. She reiterated that the zoning change allows landowners to split their property but will have no effect on urban development. Ms. Hanson stated City Staff recommends approval of rezoning this property as it will institute provisions for regulation of land subdivision. She added City Staff recommends adoption of the zoning district map as well. Commissioner Nemeth asked whether Single Family Rural Reserve needs to be defined. Ms. Hanson stated that was reviewed by the Commission on May 9, 2017, and will be added to City Code, and defined as part of the Comprehensive Plan update. Motion by Peterson, seconded by Sims, to open the public hearing at 8:26 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Chairperson Daninger clarified that there will be no urban development in this area. He added this agenda item is simply a zoning change. Michael Ahles, 2439 154th Avenue NW, stated he and his neighbors are curious about the plans for this area. He added streets come to an end there, so there is obviously a plan for development at some point. Chairperson Daninger stated the Commission cannot comment on how or when that property will be developed. Ms. Hanson stated the Rural Reserve Area, as identified in the Comprehensive Plan, is an area within the City of Andover that would be designated for urban development at a point when all other urban development is completed. She added this would only be considered if municipal services were in place. Ms. Hanson stated the City is currently beginning the Comprehensive Plan review process, which must be updated and submitted by the end of 2018. She added there are no municipal services in this area, so no urban development is planned. Regular Andover Planning and Zoning Commission Meeting, Minutes — May 24, 2017 Page 12 Mr. Ahles stated the topography of the area would be difficult to develop, as the water table is high and fluctuates regularly. Ms. Hanson agreed, adding the City is working with Coon Creek Watershed District to look at options for that property. Chairperson Daninger pointed out that the term "Rural Reserve" is misleading as the property is designated for future urban development. Jean Watson, 13141 Lily Street NW, Coon Rapids, stated her family has owned property on Uplander Street since the 1960's, and they have been unable to develop the property because of the lack of sewer and water, which have to come through that area. She added they have been waiting to hear whether that will happen. Ms. Hanson stated the sewer study plan will be updated as part of the 2018 Comprehensive Plan process. Ms. Watson asked whether sewer and water can run through somewhere else. Ms. Hanson stated there are no plans for sewer and water at this time. Ms. Watson stated she thought the water and sewer could come through on Bunker Lake Boulevard. Chairperson Daninger stated water and sewer -related questions can be directed to City Staff. Ms. Watson expressed her concern regarding the rezoning of the property. Scott Hager, 3045 - 153`d Avenue NW, asked how "future urban development" will ensure an acceptable transition from large lots to the west, to smaller lots to the east. Ms. Hanson stated any development would not occur until municipal services are available on the property. She reiterated that a sewer study is being completed as part of the Comprehensive Plan process. Chairperson Daninger stated the City is unsure whether the land can ever be developed, and whether water and sewer can be put in. He added there is a lot of peat moss in the area. Kevin Romano, 2990 - 153`d Avenue NW, stated properties to the west of the area are on 2.5 acre lots with dead-end cul-de-sacs, and on the east side, the roads end at the area's border. Regular Andover Planning and Zoning Commission Meeting Wil^ _ h 't Minutes—May 24, 2017f3, ,y + Page 13 Ms. Hanson stated this zoning change will allow property owners to split lots to 1 house per 10 acres. She added urban development in the area is not planned at this time. Mathew Vorhees, 3122 — 153rd Avenue NW, asked what the next steps would be if this rezoning is not approved by Metropolitan Council, to meet expectations for development. Ms. Hanson stated the rezoning request, if approved, will bring the Comprehensive Plan and City's Code in alignment with the Metropolitan Council's policies. Mr. Vorhees asked what will happen if the rezoning request is denied. Ms. Hanson stated the current zoning would remain the same. Mr. Vorhees asked why the City is doing this. Ms. Hanson stated the rezoning would give property owners the right to subdivide their property to one home per 10 acres vs. 1 home per 20 acres. Lee Packer, 3074 - 1615` Avenue NW, stated his property is located on the corner of 16151 Avenue and Round Lake Boulevard. He added he submitted a request to the City to build 2 houses on 5 acres, but he was informed that the area's zoning only allows 1 house per 20 acres. He added nothing else is changing except the ability for homeowners to subdivide their property. Chairperson Daninger requested that members of the public should address the Planning Commission during the public hearing. He noted that Mr. Packer was addressing the audience. Ken Siebert, 2987 - 153`d Avenue NW, asked for clarification regarding the red box, which was included in the letter that was sent to residents. Hanson stated all the properties highlighted on the map are within the public hearing notification area. He added the letter included legal descriptions of the properties. Ms. Hanson stated the legal descriptions are the properties that are affected by the zoning change. Mr. Siebert asked whether City Staff is sure that the Metropolitan Council will pass the rezoning request. Ms. Hanson stated the Metropolitan Council has indicated that they are recommending approval to their Board of Directors due to the request being consistent with Metropolitan Council Policy. Motion by Peterson, seconded by Nemeth, to close the public hearing at 8:46 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent votes. Commissioner Sims asked whether City Council approval of the rezoning would have to be reversed if the Metropolitan Council does not approve it for some reason. Ms. Hanson stated a resolution condition is contingent on the approval of the Comprehensive Plan Amendment by Met Council; however the amendment is consistent with Metropolitan Council's policy that states 1 house per 10 acres in the rural reserve areas. Regular Andover Planning and Zoning Commission Meeting Minutes — May 24, 2017 DRAFT Page 14 Motion by Nemeth, seconded by Peterson, to recommend approval of Res. No. approving the rezoning of lands designated as Rural Reserve from R-1 — Single Family Rural to RR -Rural Reserve Residential subject to the conditions of the ordinance amendment, because the rezoning of the property will provide provisions to regulate the subdivision of lands within the Rural Reserve district and ensure compliance with City Codes and the Andover Comprehensive Plan. Motion carried on a 4 -ayes, 0 -nays, 3 - absent vote (Cleven, Hudson, Koehler). Ms. Hanson stated this application will be reviewed by the City Council at their June 6, 2017, Regular Meeting. Ms. Hanson urged residents in the area to continue to watch for City meeting agendas. She added the Comprehensive Plan update process will include open meetings, some of which will include discussions about the future of the rural reserve area. OTHER BUSINESS. City Planner Hanson stated she did not have any further updates. Commissioner Nemeth asked for an update on three recent planning cases, including a Conditional Use Permit amendment and preliminary plat request, both approved by the City Council, and a variance request. Mr. Janish stated an extension on the variance request was granted as the applicant will not be able to attend the City Council's June 6, 2017, regular meeting. He added this issue will be reviewed at the City Council's July 18, 2017, Regular Meeting. Ms. Hanson confirmed that the variance request submitted by Lee Warneka will be reviewed at the City Council's July 18, 2017, Regular Meeting. Commissioner Nemeth asked whether the Planning Commissioners can get involved in Family Fun Fest, as in previous years. Ms. Hanson confirmed this, and said she will get information to the Commissioners about volunteer opportunities as soon it becomes available. ADJOURNMENT. Motion by Sims, seconded by Nemeth, to adjourn the meeting at 8:52 p.m. Motion carried on a 4 -ayes, 0 -nays, 3 -absent vote (Cleven, Hudson, Koehler). Respectfully Submitted, N4 Em I "FAW 1-1 a 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Councilmembers CC: Jim Dickinson, City Administrator FROM: Joe Janish, Community Development Dire Stephanie L. Hanson, City Planner SUBJECT: Consider Ordinance Summary Publication DATE: June 6, 2017 INTRODUCTION Cities often use a "summary publication" in order to reduce the amount of material that would normally be printed in the official newspaper, and reduce the publication costs. DISCUSSION The attached proposed summary publication includes a summary of: City Code Amendments to Title 12 Zoning Regulations and Title 13 Planning and Development and the Rezone R1 — Single Family Rural to RR — Rural Reserve Residential. Authorization would allow for staff to forward the attached ordinance vs. the two attached ordinances. Publication costs are expected to be reduced considerably and staff will have the full versions available for public inspection. ACTION REQUIRED Staff recommends the City Council consider authorizing summary publication for the previous two agenda items: City Code Amendments to Title 12 Zoning Regulations and Title 13 Planning and Development and the Rezone of R1 — Single Family Rural to RR Residential. ly Community Development Director Attachments: Ordinance Summary for Publication CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. XX SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 12 ZONING REGULATIONS: 12-3 ZONING DISTRICTS AND MAPS, SECTION 12-12 PERMITTED, PERMITTED ASSCESSORY, CONDITIONAL, INTERIM AND PROHIBITED USES CITY CODE; TITLE 13 PLANNING AND DEVELOPMENT: 13-1 SPLITTING LOTS, PARCELS OR TRACTS OF LAND STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 412. Policy The purpose of these regulations is to protect the public health, safety and welfare. The proposed amendment to City Code Title 12 establishes the RR — Rural Reserve Residential District and uses allowed within the district; Title 13 establishes lot split provisions within the RR — Rural Reserve Residential District in 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 of the City Clerk. Adopted by the City Council of the City of Andover on this 6th day of June, 2017. ATTEST: CITY OF ANDOVER Michelle Harmer, Deputy City Clerk Julie Trude, Mayor 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report June 6, 2017 The City Administrator and Department Heads present will provide a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development/CIP Projects 3. Legislative Updates 4. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for June 6, 2017 City Council Meeting DATE: June 6, 2017 The City Council is requested to receive the following supplemental information. Discussion Items Add -On Item #12a. Massage Establishment License/15824 Olive St. NW (Supplemental) — Administration submitted, City 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOv TO: Mayor and City Cou CC: Jim Dickinson, City FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve Massage Establishment License/15824 Olive Street NW DATE: June 6, 2017 INTRODUCTION Lisa Scholl, 15824 Olive Street NW has applied for a Therapeutic Massage Establishment License. DISCUSSION Ms. Scholl has applied for a Therapeutic Massage Establishment license, paid the appropriate fee and been approved by the Sheriff's Office. Approval of this license is contingent on the approval of the Conditional Use Permit Ms. Scholl has applied for. ACTION REQUIRED The City Council is requested to approve the license for the period of June 7, 2017 through December 31, 2017. Respectfully submitted, Michelle Harmer Deputy City Clerk Attach: License application 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755-5100 FAX (763) 755-8923 • WWW.ANDOVERMN.GOV ` THERAPEUTIC MASSAGE ESTABLISHMENT LICENSE APPLICATION 1. Name of Applicant 41 DlN Ih'1 GLV I (% First Middle 2. Applicant's Date of Birth (must be 18 yrs old) _ 3. Telephone Number of Applicant. _ , 4. Email Address of Applicant S. Home Address of Applicant a l , .. I 6. Address of Business/Premises to be Licensed 7. Name of Business/Premises dab V./15 8. Telephone Number for Business/Premises 9. Legal Description of Business/Premises to be Licensed ��✓a ��oC Z G� GU/nnciS 10. Name of Owner of Premisestoto be Licensed / �1/ �/l�r eilelC�/f/n%1 IA/N hnol A0/7 /,'�/. ,moi f7 AA/1 ,2 11. Address of Owner of Premises to be Licensed Alk ANA k4AI :!�i5 12. Within the preceding five years has the applicant or spouse been convicted of any felony, crime or violation of any ordinance other than traffic. If so, provide the state or county of conviction, the date of conviction and the specific crime so committed. (J o 13. If the applicant is a corporation list the names, addresses and dates of birth of all persons having a beneficial interest therein (i.e. officers, directors, stockholders). 14. Description of services to be The information requested hi items 1,2,3 and 9 must be provided for all owners, lessees, operators and massage therapists of the proposed therapeutic massage establishment, Thsuranco: Each applicant for a license shall file with the city a public liability insurance policy or certificate of insurance from a company authorized to do business in the state of Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the therapeutic massage establishment. The policy of insurance shall be in limits of not less than five hundred thousand dollars ($500,000.00). Failure to keep in full force and effect the insurance required herein is grounds for revocation. Prior to consideration of the application by City Council, an investigation shall be made by the code enforcement officer and the building official to determine compliance with this chapter of all premises proposed to be licensed, and by the County Sheriff's Department of all persons listed on the license application, Please atta6y,a copyof ou ikeriv&i. Applicant and associates in this application will strictly comply with all ordinances of the City. I hereby certify that I have read the foregoing questions and that the answers are true of my own knowledge. Licenses expire on December 31" of each year. Lack of payment of annual licensing fee shall be cause for revocation of license. 6ignatwe—Appdoaut Date We, the neighbors of the Wild Iris neighborhood, petition the City of Andover to re -install stop signs at the intersections of 138t" Lane NW and Underclift Street NW (a four-way stop), and 140"' Avenue NW and Underclift Street NW (a three-way stop) that were removed at the end of 2016. There are bus stops at each of these intersections, and there has been a major increase in the number of people who drive over the speed limit on Underclift Street NW, because there are no stop signs on this stretch of Underclift Street NW. Because of the lack of stop signs, there have been accidents at the two intersections of 138th Lane NW and 140t)' Avenue NW and Underclift Street NW that have not experienced accidents before, one of them including a fatality. I demand that the City of Andover re -install stop signs on Underclift Street NW at the Intersections of 138'" Lane NW and 140"Avenue NW. 3�st Wo, ,r tH�(A Name Address Phone # Signature Mary Froberg 3788 139"' Lane NW 612-720-2305 Ray Froberg 3788 139t" Lane NW 612-710-4475 , 'S 3 IFIi-V I.NVJ 7 /39 - --/ a rq 37S3 09'kZgn // 70 LFv7 Y2 rnq cs u ' 3"165 l 3q L-,7 /,,( 2 &32V, Sb 1 IM 37 S3 /1 h Ar -b 3 DT wq L455 7�oRiJ ,t 3l� 13�i� � 73 323 bl.1S (, n rd 7W -4v -79-C P a�;dJ' 3��8 I 14 1z,z5" � -- to/o�z - p ' 773 -ill f�(4°pr b 3 65N /39'a C m .�/r-,/ 763-7)a yam/ 3(o`ib-1511*67 t 3 -If I oh 3 `ID t3ffliLkA) 63-`[46-38 Kr in }CfSc�n to I -Nim U-ZIQl151'l Lids U Ra��t aW 1Zo1�y s l�°I li S NvU 4US-500-5111 I We, the neighbors of the Wild Iris neighborhood, petition the City of Andover to re -install stop signs at the intersections of 138' Lane NW and Underclift Street NW (a four-way stop), and 140th Avenue NW and Underclift Street NW (a three-way stop) that were removed at the end of 2016. There are bus stops at each of these intersections, and there has been a maior increase in the number of people who drive over the speed limit on Underclift Street NW, because there are no stop signs on this stretch of Underclift Street NW. Because of the lack of stop signs, there have been accidents at the two intersections of 138"' Lane NW and 140"' Avenue NW and Underclift Street NW that have not experienced accidents before, one of them including a fatality. I demand that the City of Andover re -install stop signs on Underclift Street NW at the Intersections of 138"' Lane NW and 140" Avenue NW. N" i ll' /Li1'.17 � r � �il I Iia1r - . 1u► I i VON �y OWI �r / (f/ •������ • 1 i L 1 �7i [PJN�M�Qjt MR N" We, the neighbors of the Wild Iris neighborhood, petition the City of Andover to re -install stop signs at the intersections of 138"' Lane NW and Underclift Street NW (a four-way stop), and 1401 Avenue NW and Underclift Street NW (a three-way stop) that were removed at the end of 2016. There are bus stops at each of these intersections, and there has been a major increase in the number of people who drive over the speed limit on Underclift Street NW, because there are no stop signs on this stretch of Underclift Street NW. Because of the lack of stop signs, there have been accidents at the two intersections of 1381h Lane NW and 140"' Avenue NW and Underclift Street NW that have not experienced accidents before, one of them including a fatality. I demand that the City of Andover re -install stop signs on Underclift Street NW at the Intersections of 1381 Lane NW and 140"' Avenue NW. Signature Oran 11L._e"1r�•.�/ We, the neighbors of the Wild Iris neighborhood, petition the City of Andover to re -install stop signs at the intersections of 138"' Lane NW and Underclift Street NW (a four-way stop), and 140'" Avenue NW and Underclift Street NW (a three-way stop) that were removed at the end of 2016. There are bus stops at each of these intersections, and there has been a major increase in the number of people who drive over the speed limit on Underclift Street NW, because there are no stop signs on this stretch of Underclift Street NW. Because of the lack of stop signs, there have been accidents at the two intersections of 138"' Lane NW and 140"' Avenue NW and Underclift Street NW that have not experienced accidents before, one of them including a fatality. I demand that the City of Andover re -install stop signs on Underclift Street NW at the Intersections of 13811' Lane NW and 140"' Avenue NW. J Vol I J. - n - , ::; M� Mqm Ml ,rAM %��� ��l�l --=" L�ll� i IBM �� / - ,III. � ; ��►�.�'�►��t� J Vol We, the neighbors of the Wild Iris neighborhood, petition the City of Andover to re -install stop signs at the intersections of 1381' Lane NW and Underclift Street NW (a four-way stop), and 140'" Avenue NW and Underclift Street NW (a three-way stop) that were removed at the end of 2016. There are bus stops at each of these intersections, and there has been a major increase in the number of people who drive over the speed limit on Underclift Street NW, because there are no stop signs on this stretch of Underclift Street NW. Because of the lack of stop signs, there have been accidents at the two intersections of 138th Lane NW and 140"' Avenue NW and Underclift Street NW that have not experienced accidents before, one of them including a fatality. I demand that the City of Andover re -install stop signs on Underclift Street NW at the Intersections of 1381 Lane NW and 1401 Avenue NW. Name Address Phone # Signature 37s9 J YOT h R V e- M0 RAhV° 7('3- q g3So? (i5 i Va 1qVhktNW U 1Z.n2-- 1 li �m S+en e 3-nv 44'" Aw- W 4a-3ara b -T�;;. Uc�d AR -k5 3?9 5 /Z/0+4 Ab? -d (oit'599. 0713 Jodi 3�-07 IV6r BGG 66? G�- a Ton 3 67 1(16 c mac?- 1i3Qa� GA . 3831I &--'Ax IJw A 7& Y� ? j- 3�3 1 �° -0 (29 I. Lbw 13Y8JYijrc 7031!33240 L L L 11973 iv«q s�,v� dJ vz1 o��r 3� 3 w - j�U� YeZ 3�'y9 /3y�=Lh/vim 7/- -'IV,? ive NO MA We, the neighbors of the Wild Iris neighborhood, petition the City of Andover to re -install stop signs at the intersections of 138t' Lane NW and Underclift Street NW (a four-way stop), and 140"' Avenue NW and Underclift Street NW (a three-way stop) that were removed at the end of 2016. There are bus stops at each of these intersections, and there has been a major increase in the number of people who drive over the speed limit on Undercliff Street NW, because there are nc stop signs on this stretch of Underclift Street NW. Because of the lack of stop signs, there have been accidents at the two intersections of 138'" Lane NW and 140'" Avenue NW and Underclift Street NW that have not experienced accidents before, one of them including a fatality. I demand that the City of Andover re -install stop signs on Underclift Street NW at the Intersections of 138"' Lane NW and 1401 Avenue NW. J rM 4� � RW SWURK I WMAI 1, SM IN HIS "Rim 011 IN M I ME LTJ � 4 / . ... %./ L.���I JfJff "d ARM / _ • MEMO _ �%/JAI �r1��.�/J%l QAM .'a7i son r� =6Mor i J rM We, the neighbors of the Wild Iris neighborhood, petition the City of Andover to re -install stop signs at the intersections of 138t" Lane NW and Undercliff Street NW (a four-way stop), and 1401 Avenue NW and Underclift Street NW (a three-way stop) that were removed at the end of 2016. There are bus stops at each of these intersections, and there has been a major increase in the number of people who drive over the speed limit on Underclift Street NW, because there are no stop signs on this stretch of Underclift Street NW. Because of the lack of stop signs, there have been accidents at the two intersections of 138'" Lane NW and 140"' Avenue NW and Underclift Street NW that have not experienced accidents before, one of them including a fatality. I demand that the City of Andover re -install stop signs on Underclift Street NW at the Intersections of 138"' Lane NW and 140th Avenue NW. �- Signature II�QS ON , 1 AM,I :v.`UM Y. rind_ � � V �_.Y :� �MANPOWER �' —. _/�/ `rte V \l �/ It/ \ /" . i •�Y .'I . Imo. a��/R MIM40 M1 AM M J User ID: ksaba, Date Time: 5/9/2017 7:53 AM, Document Name: Microsoft Word - Document5 STOP SIGN PETITION We, the undersigned residents of the block of hereby petition the City of Andover to re -install STOP SIGNS at the intersection of 1' V Y1 & u _dCLLL L t AND the speed of traffic to protect our children. NAME Address Email W bound traffic. We want to slow Agree Disagree ill 3�a5 I u W ✓ Qr�r�O W � IIS 3-1-13 13en LAAAA) 3 3 890 Wa v-5 ✓ ove 41er- ��Cvc 13ksG w��1�INesF !C Ij 136-ALNN�j 0 User A; ksaba, Date/Time: 5/9/2017 7:53 AM, Document Name: Microsoft Word - Document5 NAME (Signature) Address Email 3731 138 L, Na Agree/ J . ( v-, LA XA, Y vuti✓lam 1 -1 v J -,ynU UAy 1 rr — ,, d , Iyo5c1 ur,aucA�* .1 N -)�— 1uaU% l HOZ% �IN06gd.Lirf 5° &/03 O UncfP�RI A Disagree Qz1(P-�'